Digital Commons Network^™

In The Padded Closet: Thoughts On A Secret Life, Naomi A. Himmelhoch

UC Law SF Journal on Gender and Justice

No abstract provided.

Protecting Children: Explaining Disparities In The Female Offender's Pretrial Process, And Policy Issues Surrounding Lenient Treatment Of Mothers, Sean B. Berberian

UC Law SF Journal on Gender and Justice

No abstract provided.

Hastings Community (Spring 1999), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Duet: Prostitution, Racism And Feminist Discourse, Vednita Carter, Evelina Giobbe

UC Law SF Journal on Gender and Justice

No abstract provided.

What's Wrong With Prostitution? What's Right With Sex Work? Comparing Markets In Female Sexual Labor, Elizabeth Bernstein

UC Law SF Journal on Gender and Justice

No abstract provided.

For Their Own Good: The Results Of The Prostitution Laws As Enforced By Cops, Politician And Judges, Norma Jean Almodovar

UC Law SF Journal on Gender and Justice

No abstract provided.

The Effect Of International Court Of Justice Decisions On Municipal Courts In The United States: Breard V. Greene, Sanja Djajic

UC Law SF International Law Review

The relationship between international and municipal law is complex and continually developing. One way to analyze this issue is to observe the interaction between domestic courts and the International Court of Justice. These two types of courts may entertain identical claims.

This article analyzes whether there is any correlation between the two types of courts, and the character of this correlation if there is one. Through an examination of Breard v. Greene, this article will examine the attitudes of United States courts toward the enforceability and the legally binding character of International Court of Justice decisions. This article will also …

The Judicial Politics Of White Collar Crime, J. Kelly Strader

UC Law Journal

White collar crime cases produce a curious paradox in Supreme Court jurisprudence: in a substantial number of the Court's leading white collar criminal cases, ranging from insider trading to political corruption cases, the "liberal" justices have voted to affirm convictions, and the "conservative" justices to reverse them. Even more frequently, these cases have produced strange alliances among the liberals and conservatives, who rarely split into such groupings in non-white collar criminal cases. And it is not merely votes and alliances that change in white collar cases; judicial philosophies, attitudes, and rhetoric transmogrify into a veritable twilight zone of Supreme Court …

Getting A Grip On Payne And Restricting The Influence Of Victim Impact Statements In Capital Sentencing: The Timothy Mcveigh Case And Various State Approaches Compared, Niru Shanker

UC Law Constitutional Quarterly

In the 1980's the Supreme Court barred the use of victim impact evidence at capital sentencing hearings as violative of the Cruel and Unusual Punishment clause. The Court reversed itself in Payne v. Tennessee, holding that the Eighth amendment erects no per se bar to victim impact evidence. Such evidence can be properly introduced if it is does not so inflame and prejudice the jury as to render the trial fundamentally unfair. Unfortunately, the Court did not provide any guidance to the lower federal and state courts to use in making that determination. There exists a risk, therefore, that many …

The Rights To A Fair Trial And To Examine Witnesses Under The Spanish Constitution And The European Convention On Human Rights, Dennis P. Riordan

UC Law Constitutional Quarterly

In the wake of the death of dictator Francisco Franco in 1975, Spain enacted a new Constitution containing extensive procedural rights for criminal defendants, thereby in theory moving its justice system closer to the adverserial model of criminal trials long established in common law countries. In the years immediately following the passage of the 1978 Constitution, however, criminal proceedings continued to be inquisitorial in nature, especially in cases involving politically-charged allegations of domestic terrorism.

In this article, the author tracks one such case that had a dramatic impact on the Spanish legal system. Following their conviction for participating in a …

Scared To Death: The Separate Right To Counsel At Capital Sentencing, John E. Spomer Iii

UC Law Constitutional Quarterly

To date, a separate right to counsel at the penalty phase of a capital trial is not recognized as fundamental under the Sixth Amendment right to counsel provision. This Note addresses a capital defendant's constitutional right to have a separate attorney represent him during the sentencing stage. The Supreme Court, in several significant holdings, has stepped towards recognizing this right. The Court has held that the right to counsel applies to capital trials and to all critical stages therein. It also has held that the right to effective assistance of counsel applies at the sentencing phase of these trials and …

"A Million Dollars And An Apology": Prostitution And Public Benefit Claims, Margaret A. Baldwin

UC Law SF Journal on Gender and Justice

No abstract provided.

Shining The Spotlight On Johns: Moving Toward Equal Treatment Of Male Customers And Female Prostitutes, Julie Lefler

UC Law SF Journal on Gender and Justice

No abstract provided.

Sex Work And Feminism: Building Alliances Through A Dialogue Between Siobhan Brooks And Professor Angela Davis, Siobhan Brooks

UC Law SF Journal on Gender and Justice

No abstract provided.

A First Hand Look At The San Francisco Task Force Report On Prostitution, Carol Leigh

UC Law SF Journal on Gender and Justice

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

UC Law Journal

No abstract provided.

Proportionality As An Ethical Precept For Prosecutors In Their Investigative Role, Rory K. Little

Faculty Scholarship

No abstract provided.

On The Received Wisdom In Federal Courts, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

Faculty Scholarship

No abstract provided.

Domestic Violence And Children: Analysis And Recommendations, Lois A. Weithorn, Lucy S. Carter, Richard E. Behrman

Faculty Scholarship

No abstract provided.

After Legal Aid Is Abolished, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

Faculty Scholarship

No abstract provided.