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A Good “Idea” With No Clear Plan: The Lack Of Uniformity In Evaluating Compliance With The Idea’S Least Restrictive Environment Provision Has Led To Arbitrary Segregation Of Children With Disabilities Across The United States, Alexis Cherry
UC Law SF Journal on Gender and Justice
The Individuals with Disabilities Education Act (“IDEA”) states that students with disabilities are to be provided with a free appropriate public education in the least restrictive environment. Despite this requirement, children with disabilities continue to face segregation in the education system across the country. Although there have been several lawsuits regarding proper placement of children with disabilities, the United States Supreme Court refuses to establish a uniform standard for lower courts to adopt. As a result, there are currently four different approaches—employed across ten different circuits—on how to determine whether a child has been placed in the least restrictive environment. …
Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom
Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom
UC Law Journal
Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically significant disparities—do not establish an equal protection violation without a showing of “purposeful discrimination.” The California Racial Justice Act (CRJA), enacted in 2020 and further amended in 2022, introduced a first-of-its-kind test for actionable racial disparity even in the absence of a showing of intent, allowing for relief when the “totality of the evidence demonstrates a significant difference” in charging, conviction, or sentencing across racial groups when compared to those who are “similarly situated” …
Comparing Reasons For Hate Crime Reporting Using Racialized Legal Status, Pamela Ho
Comparing Reasons For Hate Crime Reporting Using Racialized Legal Status, Pamela Ho
UC Law Journal
In the past decade, Latinxs and Asians in the United States have experienced an increase in hate crime victimization. Previous research has identified correlations between hate crime reporting and race. However, few statistical studies examine the intersection of race, immigration status, and hate crime reporting. This Note explores how racialized legal status applies to Latinx and Asian communities respectively and how racialized legal status affects a hate crime victim’s decision to report the crime to police. This Note then sets forth some recommendations for increasing hate crime reporting rates by Latinx and Asian victims.
“Cancel Culture” And Criminal Justice, Steven Arrigg Koh
“Cancel Culture” And Criminal Justice, Steven Arrigg Koh
UC Law Journal
This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …
Ai Proctoring: Academic Integrity Vs. Student Rights, Samantha Mita
Ai Proctoring: Academic Integrity Vs. Student Rights, Samantha Mita
UC Law Journal
Advancements in artificial intelligence (“AI”) and machine learning have found their way into the classroom. The use of artificial intelligence proctoring services (“AIPS”) has risen over the past few years with little consideration for the legal and ethical consequences of their implementation. Issues such as invasion of privacy and bias often get overlooked in favor of preconceived notions of fairness and infallibility associated with the concepts of AI and machine learning. These ethical concerns are especially magnified if AIPS are used in a K-12 setting. This Note, through a lens of AI ethics, recommends a two-pronged approach that creates an …
Community Accountability, M. Eve Hanan, Lydia Nussbaum
Community Accountability, M. Eve Hanan, Lydia Nussbaum
UC Law SF Journal on Gender and Justice
No abstract provided.
Can Restorative Justice Transform School Culture In California? Qualitative Research Shines A Little Light, Mary L. Frampton
Can Restorative Justice Transform School Culture In California? Qualitative Research Shines A Little Light, Mary L. Frampton
UC Law SF Journal on Gender and Justice
No abstract provided.
Legal Violence And Restorative Justice, Julie Shackford-Bradley
Legal Violence And Restorative Justice, Julie Shackford-Bradley
UC Law SF Journal on Gender and Justice
No abstract provided.
Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman
Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman
UC Law SF Journal on Gender and Justice
No abstract provided.
Impact Jurisdiction & Structural Investigations: The Key To The United States Prosecuting Human Rights Violators, Nick Wiley
UC Law Journal
Since the turn of the century, there has been an exponential rise in forcibly displaced persons and human rights violations. This rise has coincided with a series of acts that have removed the United States as a global leader in the fight for human rights. When President Biden took office, he stated his goal of returning the United States to being the global moral authority leader. To achieve this goal, the Biden Administration implemented a plan to address the human rights violations in Central America that are driving forcibly displaced persons to the U.S.-Mexico border seeking asylum. The plan, however, …
When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi
When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi
UC Law Journal
The dire state of the prison population in the United States has become common knowledge both at home and abroad. Mass incarceration in the United States has been caused by nearly four decades of retributive criminal justice policies that do little to reduce crime. This mass incarceration imposes a multitude of costs on American society, both financially and socially. Furthermore, congressional goals to reduce crime rates are necessarily undermined by punitive policies at the federal level. The history of California’s penal system during the same time frame parallels the federal history. Yet in 2017, California began to remedy this history …
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
UC Law Constitutional Quarterly
The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …
Criminal Law: Cop Tracing, Jonathan Abel
Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram
Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram
The Judges' Book
No abstract provided.
The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler
The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler
UC Law Science and Technology Journal
Not only is Artificial Intelligence (AI) present everywhere in people’s lives, but the technology is also now capable of making unpredictable decisions in novel situations. AI poses issues for the United States’ traditional criminal law system because this system emphasizes mens rea’s importance in determining criminal liability. When AI makes unpredictable decisions that lead to crimes, it will be impractical to determine what mens rea to ascribe to the human agents associated with the technology, such as AI’s creators, owners, and users. To solve this issue, the United States’ legal system must hold AI’s creators, owners, and users strictly liable …
Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan
Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan
UC Law Journal of Race and Economic Justice
No abstract provided.
Capital Punishment For Latine Populations, Morgan Zamora
Capital Punishment For Latine Populations, Morgan Zamora
UC Law Journal of Race and Economic Justice
No abstract provided.
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
UC Law SF Communications and Entertainment Journal
Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …
Federal Nonenforcement At A Crossroads, Zachary Price
Federal Nonenforcement At A Crossroads, Zachary Price
Faculty Scholarship
As a novel aspect of “presidential administration”—the president- centered approach to federal governance discussed in a 2001 article by then-Professor and future Supreme Court Justice Elena Kagan—broad federal nonenforcement policies have been a major source of controversy in the past decade. As illustrated by the Obama Administration’s ex- pansive nonenforcement policies relating to marijuana, immigration, and Affordable Care Act implementation, recent presidents have recog- nized nonenforcement’s potential to reshape statutory law to suit an administration’s policy aims. This Article takes stock of this develop- ment as it relates to the past three presidential administrations. While advocating a limited view of …
Empowering Victims Of Grand Corruption: An Emerging Trend, Naomi Roht-Arriaza
Empowering Victims Of Grand Corruption: An Emerging Trend, Naomi Roht-Arriaza
Faculty Scholarship
Who is the victim of systemic corruption? The traditional answer in law is everyone and no one, or public administration itself. When state funds are misused or go missing, at the most the State is the victim. Therefore, only the State has standing to sue for, or receive restitution of, the stolen assets. But that long-held consensus is changing. Activists and lawyers have begun to argue that under systematic corruption it’s not just states, but individuals and communities as well as society as a whole that suffer losses and need to be both represented and repaired. Courts are beginning to …
Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez
Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez
Faculty Scholarship
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …