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Driver’S License Suspensions For Nonpayments: A Discriminatory And Counterproductive Policy, Melissa Toback Levin
Driver’S License Suspensions For Nonpayments: A Discriminatory And Counterproductive Policy, Melissa Toback Levin
UC Law Constitutional Quarterly
Driver’s license suspensions for nonpayments of traffic debt disproportionately harm people of color and are legally untenable. Across the country, at least seven million people have had their driver’s license suspended for traffic debt—nonpayments of traffic tickets and nonappearances in traffic court. As this article demonstrates, traffic debt suspensions force people to make an impossible choice: stop driving—and lose access to work, childcare, healthcare, food, and other basic necessities— or keep driving, and risk criminal charges, more unaffordable fines and fees, and even incarceration. License-for-payment laws ultimately create conditions that parallel modern-day debtor’s prisons and are vulnerable to several legal …
Black Lives Matter: Banning Police Lynchings, Mitchell F. Crusto
Black Lives Matter: Banning Police Lynchings, Mitchell F. Crusto
UC Law Constitutional Quarterly
In the United States, police officers are granted a license to use lethal force and are subsequently exonerated from personal criminal liability for fatal killings, particularly when the victim is an African American. This Article advances the normative claim that the Court’s death penalty jurisprudence, including the “Cruel and Unusual Punishment” Clause of the Eighth Amendment, protects the victims of police homicides. Further, it contends that the police use of lethal force against African Americans constitutes “lynching”—a State-sponsored act of terror that supports systemic racism. Finally, it posits that the Constitution mandates that the police use of lethal force be …
Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch
Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch
Hastings Journal of Crime and Punishment
No abstract provided.
Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.
Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.
UC Law Journal of Race and Economic Justice
This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).
The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to …
Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine
Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine
Hastings Journal of Crime and Punishment
In this piece, I explore the value of consistency in a prosecutor’s office that is committed to racial justice, fiscal responsibility, and strategies to reduce the size of the carceral state. I argue that consistency of process, rather than consistency of outcome, is the principal value that leadership ought to embrace in furtherance of its reformist goals. In prioritizing consistency of process, the office would design a “prosecutorial calculus” to guide line prosecutors’ case management decisions (i.e., it would identify the factors that should influence whether and what to file, how to handle pre-trial release, and what to offer as …
Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov
Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov
UC Law Constitutional Quarterly
This Article highlights that individuals who suffer from mental health problems can be particularly defenseless against an attack on their liberty through criminal and civil law. Specifically, it delineates how the current laws allow for a potential indefinite commitment of a person who may not have even committed a single crime. The Article explains that constitutionally mandated standards should be required to protect individuals who face losing their liberty due to the perceived threat of future harm. The authors posit that, while preventing individuals from harming themselves or others is an honorable goal, the state should only be able to …
Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown
Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown
UC Law SF International Law Review
No abstract provided.
Comparative Cruelty: A Comparative Analysis Of The Eighth Amendment To The United States Constitution And Section Nine Of The New Zealand Bill Of Rights Act, Carrie Leonetti
UC Law Constitutional Quarterly
Given that the United States Constitution and the New Zealand Bill of Rights Act both contain prohibitions against governmental acts of cruelty and torture, this Article offers a comparative analysis of the judicial interpretations of the meaning of “cruel” in the prohibition against cruel and unusual punishment in the two country’s founding documents. The Article beings by considering the shared historical underpinnings of the prohibitions, which require a proportionality analysis when assessing whether a punishment is excessive. Next, it examines the meaning of “cruelty” and the scope of the prohibitions in New Zealand and the United States. The Article documents …
Neurodiversity In Public Schools: A Critique Of Special Education In America, Pallavi M. Vishwanath
Neurodiversity In Public Schools: A Critique Of Special Education In America, Pallavi M. Vishwanath
UC Law Constitutional Quarterly
This Note provides a comparative critique to the special education practices in the U.S. and Canada. The Note reasons that a country or democracy is most benefitted when there is a recognized governmental duty to maximize the potential of every student via public education. The Note further exposes how a difference in governmental duty to provide equal education drastically affects students’ dignity and potential. This Note describes the history of the American public education system; explains the development of special education in the United States and the ambiguous governmental duty to educate American students; and discusses Canadian case law regarding …
Advancement & Communications Committee Meeting - Packet 05/14/2020, Uc Hastings Board Of Directors
Advancement & Communications Committee Meeting - Packet 05/14/2020, Uc Hastings Board Of Directors
2020 Board of Directors Agenda and Materials
No abstract provided.
Dying For Equal Protection, Teri Dobbins Baxter
Dying For Equal Protection, Teri Dobbins Baxter
UC Law Journal
When health policy experts noticed that health outcomes for African Americans were consistently worse than those of their White counterparts, many in the health care community assumed that the poor outcomes could be blamed on poverty and lifestyle choices. Subsequent research told a different story. Studies repeatedly showed that neither money, nor marriage, nor educational achievement protect African American men, women, or children from poor health. Instead, the disparities were more likely explained by racism. Specifically, multiple studies have shown that experiencing racism has been linked to increased infant and maternal mortality rates, elevated stress levels, and an increased risk …
Weeding Out Injustice: Amnesty For Pot Offenders, Mitchell F. Crusto
Weeding Out Injustice: Amnesty For Pot Offenders, Mitchell F. Crusto
UC Law Constitutional Quarterly
There are a growing number of States that have legalized marijuana, challenging the view that marijuana is a dangerous drug. These States are taking positions relative to both the retroactivity of the new laws and to amelioration of past offenses, which arguably contradict United States Supreme Court decisions on the retroactivity of changes in substantive criminal standards. And, many States recognize that past marijuana laws have greatly contributed to the problems related to a broken criminal justice system, including mass incarceration and racial disparities, particularly to the devastation of communities of color.
In response to these legal developments, this Article …
The Twenty-First Century Poll Tax, Ryan A. Partelow
The Twenty-First Century Poll Tax, Ryan A. Partelow
UC Law Constitutional Quarterly
Although disenfranchising voters over outstanding legal financial obligations (“LFOs”) is widely criticized, no court has yet been persuaded to strike down these laws. The practice continues to disenfranchise people based on wealth, and disproportionately affects the voting rights of people of color due to inherent racial disparities in socioeconomic status and the American criminal justice system. Although the concept of felon disenfranchisement itself has been affirmatively upheld by the U.S. Supreme Court, this Article argues that disenfranchisement for outstanding LFOs is more akin to the poll tax jurisprudence than to the felon-voting cases.
This Article aims to add to a …
Committee On Special Programs, Centers & Partnerships Meeting - Packet 02/20/2020, Uc Hastings Board Of Directors
Committee On Special Programs, Centers & Partnerships Meeting - Packet 02/20/2020, Uc Hastings Board Of Directors
2020 Board of Directors Agenda and Materials
No abstract provided.
Lay Judge And Victim Participation In Japan: Japan’S Saiban’In Trial, The Prosecution Review Commission, And The Public Prosecution Of White-Collar Crimes, Hiroshi Fukurai
Hastings Journal of Crime and Punishment
In September 2019, the University of California Hastings Law School hosted a symposium on Japan’s newly instituted public and victim participation systems in the criminal process. This paper addresses themes raised by five scholars' presentations at the symposium, covering the effectiveness and impact of three different newly adopted systems of lay and victim participation in Japan: (1) the new 2009 law of the Prosecution Review Commission (PRC), a Japanese-style “civil grand jury” originally introduced in 1948, which gave the PRC the power to force the prosecution of formerly unindicted cases, thereby challenging and reversing the prosecutor’s original non-prosecution decision; (2) …
Restricts Parole For Certain Offenses Currently Considered To Be Non-Violent. Authorizes Felony Sentences For Certain Offenses Currently Treated Only As Misdemeanors. Initiative Statute.
Propositions
Limits access to parole program established for non-violent offenders who have completed the full term of their primary offense by eliminating eligibility for certain offenses. Fiscal Impact: Increase in state and local correctional, court, and law enforcement costs likely in the tens of millions of dollars annually, depending on implementation.
Preface To The Symposium Issue
Preface To The Symposium Issue
Hastings Journal of Crime and Punishment
No abstract provided.
What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada
What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada
Hastings Journal of Crime and Punishment
No abstract provided.
Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram
Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram
Hastings Journal of Crime and Punishment
Literature on “late mass incarceration” observed a contraction of the carceral state, with varying opinions as to its causes and varying degrees of optimism about its potential. But even optimistic commentators were taken aback by the Trump-Sessions administration’s criminal justice rhetoric. This paper maps out the extent to which federal, state, and local actions in the age of Trump have reversed the promising trends to shrink the criminal justice apparatus, focusing on federal legislation, continued state and local reform, and the role of criminal justice in 2020 presidential campaigns. The paper concludes that the overall salutary trends from 2008 onward …
The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman
The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman
Hastings Journal of Crime and Punishment
No abstract provided.
After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez
After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez
Hastings Journal of Crime and Punishment
No abstract provided.
Victim Participation In The Criminal Process In Japan, Shigenori Matsui
Victim Participation In The Criminal Process In Japan, Shigenori Matsui
Hastings Journal of Crime and Punishment
No abstract provided.
The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke
The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke
Hastings Journal of Crime and Punishment
No abstract provided.
Tanks And Rubber Bullets Vs. Pussy Hats And High-Fives: A Comparative Look At The 2014 Ferguson Uprising And The 2017 Women’S March On Washington, Abby Harrington
Tanks And Rubber Bullets Vs. Pussy Hats And High-Fives: A Comparative Look At The 2014 Ferguson Uprising And The 2017 Women’S March On Washington, Abby Harrington
UC Law SF Journal on Gender and Justice
No abstract provided.
The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher
The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher
UC Law Journal of Race and Economic Justice
The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.
This paper explores the practices of prison retailers, and …
The First Ten Years Of The Lay Judge System: Now, Do We Have “Hope” For Criminal Trials In Japan?, Mari Hirayama
The First Ten Years Of The Lay Judge System: Now, Do We Have “Hope” For Criminal Trials In Japan?, Mari Hirayama
Hastings Journal of Crime and Punishment
No abstract provided.
Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson
Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson
Hastings Journal of Crime and Punishment
No abstract provided.
Prosecuting Members Of Defense Legal Teams And Its Ethical Implications For The Prosecutor: A Proposal For A New Ethical Standard, Belle Yan
Hastings Journal of Crime and Punishment
This Note explores improprieties and conflicts of interest that may arise when a prosecutor’s office investigates and files charges against defense counsel or a member of the defense legal team. Specifically, this Note focuses on such investigations and charges that arise from defense counsel’s representation of a defendant whom the same prosecutor’s office is prosecuting. The intimately adversarial and professional relationships between prosecutors and defense attorneys taint the legitimacy of any charges against defense counsel for alleged misconduct. The ethical standard proposed here suggests a non-waivable conflict of interest. This would assist the prosecutor’s office in avoiding the appearance of …
Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld
Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld
UC Law Journal of Race and Economic Justice
Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is going …
Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves
Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves
Faculty Scholarship
Trade secret has drifted from a quiet backwater doctrine to a pervasive force in intellectual property. As always, the risk of distortion is great when a legal arena is developing and expanding rapidly. Nowhere do the theoretical tensions of trade secret law appear in such stark relief as in the modern pharmaceutical debates, where the heart of the theoretical question involves whether pricing is a proper subject for trade secrecy claims.
We aim to bring trade secret into greater harmony with broad concepts that reach across all intellectual property regimes. As with other areas of intellectual property law, trade secret …