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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 …
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 …
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.
Fluidity And Ambiguity In The Virgin River, Emily Sunflower Thompson
Fluidity And Ambiguity In The Virgin River, Emily Sunflower Thompson
UC Law SF Journal on Gender and Justice
No abstract provided.
Gender. Identity. Property?, Eliot T. Tracz
Gender. Identity. Property?, Eliot T. Tracz
UC Law SF Journal on Gender and Justice
No abstract provided.
Are We Sure, Hailey Clawson
Are We Sure, Hailey Clawson
UC Law SF Journal on Gender and Justice
No abstract provided.
Oculus, Anonymous
A Path Toward Race-Conscious Standards For Youth: Translating Adultification Bias Theory Into Doctrinal Interventions In Criminal Court, Jessica Levin
A Path Toward Race-Conscious Standards For Youth: Translating Adultification Bias Theory Into Doctrinal Interventions In Criminal Court, Jessica Levin
UC Law SF Journal on Gender and Justice
This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at Seattle University School of Law, I demonstrate how adultification bias was used to explain the racial disproportionality in the transfer of young people to adult court for prosecution, as well as the harshness of the sentences received by young people in both juvenile and adult court. These cases provide roadmaps for …
Justice, A Photo Series, Emily Sunflower Thompson
Justice, A Photo Series, Emily Sunflower Thompson
UC Law SF Journal on Gender and Justice
The following two photos were shot as part of a photo series at a Black Lives Matter protest in Long Beach, California circa 2018. These photos were shot on black and white film with a vintage 35mm Rangefinder.
Ego, Hailey Clawson
Rose Colored Flags, Hailey Clawson
Rose Colored Flags, Hailey Clawson
UC Law SF Journal on Gender and Justice
No abstract provided.
Emojis: An Approach To Interpretation, Patricia Vilma Graham
Emojis: An Approach To Interpretation, Patricia Vilma Graham
UC Law SF Communications and Entertainment Journal
No abstract provided.
Born To Equality: Minor Children, Equal Protection, And State Laws Targeting Lgbtq+ Youth, Nicholas Serafin
Born To Equality: Minor Children, Equal Protection, And State Laws Targeting Lgbtq+ Youth, Nicholas Serafin
UC Law Journal
States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express animus towards and impose a stigma upon LGBTQ+ minor children. Though they are distinct doctrines, the Court has interwoven animus and stigma- based arguments throughout its gay rights jurisprudence to protect LGBTQ+ individuals from state action that imposes dignitary harm. Laws targeting LGBTQ+ youth often evince the same irrational hostility and stigmatizing purpose that the Court rejected decades ago.
Historically the Court’s LGBTQ+ jurisprudence has …
Towards Responsible Quantum Technology: Safeguarding, Engaging And Advancing Quantum R&D, Mauritz Kop, Mateo Aboy, Eline De Jong, Urs Gasser, Timo Minssen, I. Glenn Cohen, Mark Brongersma, Teresa Quintel, Luciano Floridi, Raymond Laflamme
Towards Responsible Quantum Technology: Safeguarding, Engaging And Advancing Quantum R&D, Mauritz Kop, Mateo Aboy, Eline De Jong, Urs Gasser, Timo Minssen, I. Glenn Cohen, Mark Brongersma, Teresa Quintel, Luciano Floridi, Raymond Laflamme
UC Law Science and Technology Journal
The expected societal impact of quantum technologies (QT) urges us to proceed and innovate responsibly. This article proposes a conceptual framework for Responsible QT that seeks to integrate considerations about ethical, legal, social, and policy implications (ELSPI) into quantum R&D, while responding to the Responsible Research and Innovation dimensions of anticipation, inclusion, reflection and responsiveness. After examining what makes QT unique, we argue that quantum innovation should be guided by a methodological framework for Responsible QT, aimed at jointly safeguarding against risks by proactively addressing them, engaging stakeholders in the innovation process, and continue advancing QT (‘SEA’). We further suggest …
One Nation, Under Dobbs: How Dobbs V. Jackson Women’S Health Impacts Data Privacy For All, Mikayla Domingo
One Nation, Under Dobbs: How Dobbs V. Jackson Women’S Health Impacts Data Privacy For All, Mikayla Domingo
UC Law Science and Technology Journal
The Supreme Court has gone against the fundamental principle of Stare Decisis in Dobbs v. Jackson Women’s Health Organization, holding that the constitution confers no right to an abortion. The aftermath of Dobbs shines a spotlight on how reproductive and feminine health data are exploited to target women. From geolocation monitoring to abortion clinics, to women’s search history and private messages being used in her prosecution, the dystopian prospect of surveillance capitalism is now reality for women in the United States. The immediate impact of Dobbs illuminates the need for greater and clearer data privacy protections have never been more …
Criminalizing Race: How Direct And Indirect Criminalization Of Racial “Status” Constitutes Cruel And Unusual Punishment, Delphine Brisson-Burns
Criminalizing Race: How Direct And Indirect Criminalization Of Racial “Status” Constitutes Cruel And Unusual Punishment, Delphine Brisson-Burns
UC Law Journal of Race and Economic Justice
Eighth Amendment Jurisprudence proscribes criminalization based on “status.” Based on United States Supreme Court case law, for the purposes of this paper, “status” is understood to mean an “ongoing state of being.” This paper argues that race is “status” and thus criminalizing people of color based on race violates the Cruel and Unusual Punishment Clause of the Eighth Amendment. Further, in the United States, racial “status” is criminalized both directly and indirectly. Racial “status” is criminalized directly by police officers’ frequent use of racial profiling to build criminal cases against people of color. On the other hand, racial status is …
Ciudadanos Sin Derechos: The Plight Of Puerto Rican Prisoners, Maylee Carbajal
Ciudadanos Sin Derechos: The Plight Of Puerto Rican Prisoners, Maylee Carbajal
UC Law Journal of Race and Economic Justice
No abstract provided.
A Critical Race Theory Analysis: The Role Of Racialization, The White Racial Frame, And Institutional Power In California Eugenics Sterilizations, Nicole Sequeira Tashovski
A Critical Race Theory Analysis: The Role Of Racialization, The White Racial Frame, And Institutional Power In California Eugenics Sterilizations, Nicole Sequeira Tashovski
UC Law Journal of Race and Economic Justice
No abstract provided.