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Full-Text Articles in Entire DC Network
The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth
The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth
UC Law Constitutional Quarterly
This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle. Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …
How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara
How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara
UC Law Constitutional Quarterly
Our Founders specifically identified education as necessary to economic success and full participation in our democracy and society. However, the Supreme Court held in San Antonio Independent School District v. Rodriguez that education in America is not a constitutional right; instead, it is a commodity that few can afford. Then, in 2023, Biden v. Nebraska exposed the direct result of that ruling: the average American––regardless of their disability status––struggles to pay back their student loans, even when they have a well-paying job. The student debt crisis significantly impacts the economic future of students with disabilities, who make on average sixty-six …
Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada
Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada
UC Law Constitutional Quarterly
While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
UC Law Constitutional Quarterly
In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …
Editorial Forward, Executive Board
Editorial Forward, Executive Board
UC Law Journal of Race and Economic Justice
No abstract provided.
Racial And Gender Bias In Child Maltreatment Reporting Decisions: Results Of A Randomized Vignette Experiment, Ian Ayres, Sonia Qin, Pranjal Drall
Racial And Gender Bias In Child Maltreatment Reporting Decisions: Results Of A Randomized Vignette Experiment, Ian Ayres, Sonia Qin, Pranjal Drall
UC Law Journal of Race and Economic Justice
In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life events. We find that respondents were less likely to report potential child maltreatment when the vignette used non-white names to describe the family participants. Respondents were less likely to report when a male child was involved, and more likely to report when a male parent …
Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron Wheeler
Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron Wheeler
UC Law Journal of Race and Economic Justice
This article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single chapter, citing the Consumer Bankruptcy Reform Act of 2020 (CBRA) as a potential remedy. Further, this article argues that a single chapter would simplify the bankruptcy process, reducing the influence of attorney bias and promoting uniform eligibility criteria. This approach aims to make debt relief more accessible, especially for …
From The Editor-In-Chief, Jacklin Lee
From The Editor-In-Chief, Jacklin Lee
UC Law SF International Law Review
No abstract provided.
A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz
UC Law SF International Law Review
This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …
Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan
Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan
UC Law SF International Law Review
This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …
Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee
Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee
UC Law SF International Law Review
Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …
“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin
“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin
UC Law SF International Law Review
This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …
Editors’ Foreword, Ivan Ditmars, Gaby Salazar Kitner
Editors’ Foreword, Ivan Ditmars, Gaby Salazar Kitner
UC Law Environmental Journal
No abstract provided.
Uclej Indigenous People Recognition, Ucle
Uclej Indigenous People Recognition, Ucle
UC Law Environmental Journal
No abstract provided.
Who Will Speak For The Trees? How The Save Our Sequoias Act Underscores The Urgent Need To Protect Giant Sequoias And The Tule River Indian Reservation From Wildfire Destruction, Bradly Demoll
UC Law Environmental Journal
Increasing rates of high-severity wildfires threaten the existence of giant sequoia trees, as well as the reservation and sacred cultural sites of the Tule River Indian Tribe. Decades of fire suppression have created a ticking time bomb across millions of acres of land. The result: the last two fire seasons alone wiped out nearly 20% of all giant sequoias on the planet and burned thousands of acres of forests across the Tribe’s land. This Article explores the ecological background and significance of the giant sequoias and their relationship to the Tribe. It then examines the existing legal framework for sequoia …
Arizona V. Navajo Nation And The Fight For Natural Resources In Indian Country, Katherine Hanson
Arizona V. Navajo Nation And The Fight For Natural Resources In Indian Country, Katherine Hanson
UC Law Environmental Journal
Water in the American southwest is fiercely fought over. The Colorado River, a primary water source in the region, has produced volumes of litigation, such that it has come to be known as the “Law of the River.” With states, tribes, individuals, and the federal government all vying for water, not all will succeed. The Article begins by discussing the Court’s decision in Arizona v. Navajo Nation, demonstrating that agreements with tribes under treaty will no longer be afforded the same protections when ambiguity exists, and, in the battle for water, tribes will be among the first to suffer the …
The Disproportionate Burden On Vulnerable Communities In The Trade Of Plastic Waste: How Environmental Justice Should Be Integrated Into The United Nations Treaty On Plastic Pollution, Jackson Moffett
UC Law Environmental Journal
The United Nations Environment Assembly passed a resolution to end plastic pollution with a legally binding treaty in response to growing international concern over the destruction of the environment and human health from plastic pollution. Plastic waste disposal is currently regulated under the Plastic Waste Amendments of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention), which subjects it to prior informed consent (PIC) and the environmentally sound management of waste (ESM). Unfortunately, the increasing amount of plastic production and limited number of recycling facilities around the world have rendered the Basel …
Honoring Indigenous Sovereignty And Consent: Legal Frameworks For Addressing Indigenous Displacement Due To Climate Change, Margaret Von Rotz
Honoring Indigenous Sovereignty And Consent: Legal Frameworks For Addressing Indigenous Displacement Due To Climate Change, Margaret Von Rotz
UC Law Environmental Journal
Climate change-induced displacement is not only a possibility but a present reality. This problem affects marginalized communities everywhere, but Indigenous peoples, particularly those in disappearing States, are especially climate-vulnerable and often at risk of losing their ancestral lands forever due to climate change. Despite the inevitability and urgency of this issue, there are currently no legal frameworks specifically designed to address the issue of Indigenous sovereignty amidst climate-change induced displacement. Thus, this paper seeks to identify and examine the legal frameworks that can be used and extended to protect Indigenous sovereignty when environmental displacement occurs. The only protections Indigenous peoples …
Editor-In-Chief’S Forward, Zoë Grimaldi
Editor-In-Chief’S Forward, Zoë Grimaldi
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Madeline Frank, Mackenzie Murphy
Foreword, Madeline Frank, Mackenzie Murphy
UC Law SF Journal on Gender and Justice
No abstract provided.
Punk Parenting, Hailey Clawson
Punk Parenting, Hailey Clawson
UC Law SF Journal on Gender and Justice
No abstract provided.
A Cross-Clinic Collaboration: How An Amicus Brief Helped Create Judicial Recognition Of Adultification Bias In Juvenile Sentencing, Jessica Levin
A Cross-Clinic Collaboration: How An Amicus Brief Helped Create Judicial Recognition Of Adultification Bias In Juvenile Sentencing, Jessica Levin
UC Law SF Journal on Gender and Justice
No abstract provided.
Final Form, Ellen M. Slatkin
Final Form, Ellen M. Slatkin
UC Law SF Journal on Gender and Justice
No abstract provided.
Fiery, Fierce, And Fit, Thedocarts Llc
Fiery, Fierce, And Fit, Thedocarts Llc
UC Law SF Journal on Gender and Justice
No abstract provided.
Fit Fusion Femme, Thedocarts Llc
Fit Fusion Femme, Thedocarts Llc
UC Law SF Journal on Gender and Justice
No abstract provided.