Digital Commons Network^™

Hastings Law News Vol.26 No.3, Uc Hastings College Of The Law

Hastings Law News

No abstract provided.

Hastings Community (Spring 1992), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

It's Time To "Unfix" The Criminal Justice System, Abner J. Mikva

Mathew O. Tobriner Memorial Lectures

No abstract provided.

Public Executions: Understanding The Cruel And Unususal Punishments Clause, Steven A. Blum

UC Law Constitutional Quarterly

No abstract provided.

Who Will Litigate Constitutional Issues For The Poor, Allen Redlich

UC Law Constitutional Quarterly

No abstract provided.

Involuntary Confessions And The Jailhouse Informant: An Examination Of Arizona V. Fulminante, Elizabeth A. Ganong

UC Law Constitutional Quarterly

No abstract provided.

Beyond Cut Flowers: Developing A Clinical Perspective On Critical Legal Theory, Phyllis Goldfarb

UC Law Journal

In her Essay Professor Goldfarb examines the relationship between clinical legal education and critical legal theory. She highlights the resemblances between the two movements while elaborating a clinical educator's perspective on and critique of some of the ideas associated with critical legal studies.

As the heirs to different versions of legal realism--critical legal studies being associated with "rule skepticism," and clinical legal education with "fact skepticism"-both are engaged in a project of theoretical deconstruction. For each the goal of this project is to generate a climate favorable to social change. Professor Goldfarb, however, argues that much of the cls perspective, …

A Meditation On The Theoretics Of Practice, Robert D. Dinerstein

UC Law Journal

Professor Dinerstein's Essay examines the value and liabilities of the theoretics of practice movement. He tells the tale of a criminal case his clinic handled in which the client insisted on telling an inculpatory story. Tracing the twists of the story and noting the advocates' practices of client-centered counseling and sensitivity to concerns raised by narrative theory, he points out the unpredictable impact of such theories about practice when actually applied.

He criticizes the inaccessibility of much of the theoretics literature and questions the utility of much of it for those who actually practice law. He calls for critical examination …

Poverty Law Narratives: The Critical Practice And Theory Of Receiving And Translating Client Stories, Christopher P. Gilkerson

UC Law Journal

In critical exploration of the dissonance between the law, lawyers, and the disempowered, recent inquiries have given rise to new, enriched theories about the knowledge and discourse of the poverty lawyer. Critical scholars and practitioners are engaged in a search for theoretical and practical approaches to working for and with clients who have perspectives, needs, values, and differences that do not fit neatly into traditional conceptions of legal process and doctrine. This Article undertakes a "critical storytelling approach" to poverty law and practice.

Drawing upon critical theory, including feminist and critical race, as well as law and literature scholarship and …

The Policy In Favor Of Settlement In An Adversary System, Stephen Mcg. Bundy

UC Law Journal

In recent years the settlement of pending civil cases has become an avowed goal of federal judicial administration. This Article considers whether this new policy favoring settlement is justified and how the policy ought to be implemented. The new policy differs from prior settlement preferences in rejecting the assumption, basic to the adversary system, that represented parties' decisions to continue litigation generally serve both the parties' and the public interest.

This Article examines the premises of the policy favoring settlement in light of recent changes in federal litigation. Professor Bundy considers the private interest arguments in favor of settlement and …

When Special Needs Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey

UC Law Constitutional Quarterly

No abstract provided.

Removing Bricks From A Wall Of Discrimination: State Constitutional Challenges To Sodomy Laws, Paula A. Brantner

UC Law Constitutional Quarterly

No abstract provided.

Restoring The Balance Of Power: The Struggle For Control Of The Supreme Court, Terri Jennings Peretti

UC Law Constitutional Quarterly

No abstract provided.

The Constitutionality Of The Use Of The Norplant Contraceptive Device As A Condition Of Probation, Melissa Burke

UC Law Constitutional Quarterly

No abstract provided.

Violence Against Undocumented Women, Sandra Henriquez Cacavas

UC Law SF Journal on Gender and Justice

The Los Angeles Commission on Assaults against Women (the "Commission") is a private, nonprofit social service agency. Since 1971, the Commission has been offering services to survivors of domestic violence and sexual assault. The Commission operates two 24-hour rape and battering hotlines, through which we receive between eight hundred and one thousand calls per month. Many of these calls are from women who are in abusive relationships or who recently have been sexually assaulted. We receive a large number of calls from Latina survivors, many of whom are undocumented immigrants. While these women often would like to report the crimes …

Sex, Drugs, Pregnancy, And The Law: Rethinking The Problems Of Pregnant Women Who Use Drugs, Michelle Oberman

UC Law Journal

The media portray the pregnant drug user as a betrayer whose interests are diametrically opposed to those of her fetus and who will harm her fetus unless stopped by the state. In her Article Professor Oberman restructures the stories of pregnant addicts, describing some of the contextual factors that shape their lives and looking at issues such as why women users get pregnant and how they can be persuaded to curtail drug use during and after pregnancy. The Article then focuses on the application of child abuse and neglect laws to pregnant drug users, and demonstrates how these laws violate …

The Prosecutor's Role In Solving The Problems Of Prenatal Drug Use And Substance Abused Children, Paul A. Logli

UC Law Journal

In this Essay Mr. Logli discusses the prosecutor's role in solving the problem of perinatal substance abuse. He notes at the outset that prosecutors cannot avoid involvement in this issue because of both the political pressure to respond and their legal duty to prevent child abuse. Given the mixed results of prosecutions to date, new legislation is required to increase prosecutors' ability to protect children at risk from parental substance abuse. However, coercive state action can play a productive role in addressing this problem only if pursued in conjunction with more supportive government policies. Therefore, Mr. Logli advocates a multidisciplinary …

A Reexamination Of The Non-Dischargeability Of Criminal Restitutive Obligations In Chapter 13 Bankruptcies, Ann Haberfelde

UC Law Journal

In 1990, the Supreme Court held that criminal restitution was dischargeable as a debt in a Chapter 13 bankruptcy proceeding. Congress subsequently amended the bankruptcy laws to exclude criminal restitution from the debts dischargeable in Chapter 13 proceedings.

This amendment represents the elevation of the states' interest in their criminal laws at the expense of the policies served by the bankruptcy laws. By tracing the origins of criminal restitution as a form of punishment, examining the development of bankruptcy discharge policy, and considering the interrelation of state and federal laws, this Note proposes a more equitable solution. Rather than viewing …

Balancing Ethical Imperatives And Political Constraints: The Dilemma Of New Democracies Confronting Past Human Rights Violations, Jose Zalaquett

UC Law Journal

Since the early 1980s, newly emerging democracies have been confronting the ethical and political dilemma of how to address a legacy of human rights violations committed by former governments. Unlike the circumstances surrounding the war crimes trials in the wake of World War II, when recently deposed rulers were powerless, in many contemporary political transitions the perpetrators of past abuses continue to wield considerable power. As new governments attempt to repair the damage caused by their predecessors and to prevent the recurrence of human rights violations, they must avoid provoking a backlash.

In his Lecture, Sefior Zalaquett argues that these …

Televising California's Death Penalty: Is There A Constitutional Right To Broadcast Executions, Jeff Angeja

UC Law Journal

Any discussion of capital punishment sparks heated debate regarding not only the merits of capital punishment, but also the humanity of particular modes of execution and the efficiency and justice of the last minute appeals process. The electronic media has added a further component to this debate: Is there a First Amendment right of access to the execution chamber that would allow the electronic media to videotape an execution for subsequent viewing? If current death penalty statutes remain in effect, then this perplexing issue may represent one of the most controversial death penalty issues.

This Note first examines the criteria …

Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Democracy's Dawn American Judges And The Rule Of Law Abroad, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Sentencing Guidelines And Mandatory Minimums: The Need For Separate Evaluation, William W. Schwarzer

Faculty Scholarship

No abstract provided.