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University of California, Hastings College of the Law

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Articles 1 - 30 of 1063

Full-Text Articles in Law

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little Jan 2018

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little

Faculty Scholarship

No abstract provided.


The Admissibility Of Confessions Under Israeli Law: Procedural And Substantive Differences Between The “Free And Voluntary” Standard And The Judicial Exclusionary Rule For Unlawfully Obtained Evidence, Binyamin Blum, Yoram Rabin, Barak Ariel Nov 2017

The Admissibility Of Confessions Under Israeli Law: Procedural And Substantive Differences Between The “Free And Voluntary” Standard And The Judicial Exclusionary Rule For Unlawfully Obtained Evidence, Binyamin Blum, Yoram Rabin, Barak Ariel

Faculty Scholarship

No abstract provided.


The Hounds Of Empire: Forensic Dog Tracking In Britain And Its Colonies, 1888-1953, Binyamin Blum Aug 2017

The Hounds Of Empire: Forensic Dog Tracking In Britain And Its Colonies, 1888-1953, Binyamin Blum

Faculty Scholarship

No abstract provided.


Regulating The Packaged Water Industry In Africa: Challenges And Recommendations, Jessica Vapnek, Ashley R. Williams Apr 2017

Regulating The Packaged Water Industry In Africa: Challenges And Recommendations, Jessica Vapnek, Ashley R. Williams

Faculty Scholarship

No abstract provided.


How To Assess The Real World Application Of A Capital Sentencing Statute: A Response To Professor Flanders’S Comment, John Mills Jan 2017

How To Assess The Real World Application Of A Capital Sentencing Statute: A Response To Professor Flanders’S Comment, John Mills

Faculty Scholarship

In assessing the constitutionality of a capital sentencing regime, the raw number of aggravating factors is irrelevant. What matters is their scope. To pass constitutional muster, aggravating factors (or the equivalent) must narrow the scope of death eligibility to the worst-of-the-worst. Professor Chad Flanders wants courts to ignore empirical assessments of the scope of aggravating circumstances and uses an imagined State of Alpha as his jumping off point. This response to Prof. Flanders makes the case for looking at the actual operation of a law, not just its reach in the abstract. This response focuses on Arizona’s capital sentencing ...


Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall Jan 2017

Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall

Faculty Scholarship

No abstract provided.


Human Rights From The Ground Up: Building The First Law School Legal Aid Clinic In Haiti, Kate Bloch, Roxanne Edmond-Dimanche Jan 2017

Human Rights From The Ground Up: Building The First Law School Legal Aid Clinic In Haiti, Kate Bloch, Roxanne Edmond-Dimanche

Faculty Scholarship

No abstract provided.


Latinos And The Internal Revenue Code: A Tax Policy Primer For The New Administration, Leo P. Martinez Jan 2017

Latinos And The Internal Revenue Code: A Tax Policy Primer For The New Administration, Leo P. Martinez

Faculty Scholarship

No abstract provided.


The Hidden Costs Of Cliff Effects In The Internal Revenue Code And Proposals For Change, Manoj Viswanathan Jan 2016

The Hidden Costs Of Cliff Effects In The Internal Revenue Code And Proposals For Change, Manoj Viswanathan

Faculty Scholarship

Cliff effects in the Internal Revenue Code trigger a sudden increase of federal tax liability when some attribute of a taxpayer—most commonly income—exceeds a particular threshold value. As a result, two taxpayers in nearly identical economic situations can face considerably different tax liabilities depending on which side of the triggering criterion they fall. The magnitude of the equity and efficiency costs associated with cliff effects is significant: cliff effects are attached to tax provisions amounting to hundreds of billions of dollars, the majority of which are targeted at low- and moderate-income taxpayers. Cliff effects have received little attention ...


Civil Procedure Rules For European Courts, Geoffrey C. Hazard Jr. Jan 2016

Civil Procedure Rules For European Courts, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr. Jan 2016

Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Are Asian Americans Now White?, Frank H. Wu Jan 2016

Are Asian Americans Now White?, Frank H. Wu

Faculty Scholarship

No abstract provided.


The End(S) Of Legal Education, Frank H. Wu Jan 2016

The End(S) Of Legal Education, Frank H. Wu

Faculty Scholarship

Legal education is in jeopardy. There is no longer sufficient demand for the juris doctor degree from prospective students; the supply of seats exceeds the number of applicants possessing the credentials that have until recently been preferred by each respective institution. As a consequence, schools have had to implement “tuition discounting” at unprecedented levels even to enroll fewer individuals who are less qualified by conventional predictors. Meanwhile, the mainstream press, with encouragement from the organized bar, has excoriated the legal academy for its failures, whether real or perceived. These critics have wondered about the “return on investment.”


Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall Jan 2016

Tools For Change: Boosting The Retention Of Women In The Stem Pipeline, Joan C. Williams, Katherine W. Phillips, Erika V. Hall

Faculty Scholarship

This study details how gender bias plays out in everyday workplace interactions in science, technology, engineering, and math (STEM). It is based on in-depth interviews with 60 women scientists of color (chiefly professors), and a survey of 557 women scientists (of all races). Different types of gender bias were reported at different rates. Prescriptive gender bias was most common (76.3% of women interviewed reported it), followed by descriptive gender bias (66.7%) and gender bias triggered by motherhood (64.0%); just over half of the women interviewed (55.3%) reported situations in which gender bias against women fueled conflicts ...


The Rule Of Law And Ethical Integrity: Does Haiti Need A Code Of Legal Ethics?, Kate Bloch, Roxanne Edmond-Dimanche Jan 2016

The Rule Of Law And Ethical Integrity: Does Haiti Need A Code Of Legal Ethics?, Kate Bloch, Roxanne Edmond-Dimanche

Faculty Scholarship

No abstract provided.


Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould Jan 2016

Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould

Faculty Scholarship

No abstract provided.


Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,, Kate Bloch Jan 2016

Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,, Kate Bloch

Faculty Scholarship

No abstract provided.


Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory Little Jan 2016

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory Little

Faculty Scholarship

No abstract provided.


The Hidden Life Of Andrew Taslitz, Frank H. Wu Jan 2015

The Hidden Life Of Andrew Taslitz, Frank H. Wu

Faculty Scholarship

No abstract provided.


A Sip Of Cool Water: Pregnancy Accommodation After The Ada Amendments Act,, Joan C. Williams Jan 2015

A Sip Of Cool Water: Pregnancy Accommodation After The Ada Amendments Act,, Joan C. Williams

Faculty Scholarship

No abstract provided.


Effective Client Selection In Transactional Clinics, Manoj Viswanathan Jan 2015

Effective Client Selection In Transactional Clinics, Manoj Viswanathan

Faculty Scholarship

No abstract provided.


Reforming Law Schools: A Manifesto, Frank H. Wu Jan 2015

Reforming Law Schools: A Manifesto, Frank H. Wu

Faculty Scholarship

No abstract provided.


Exporting The Hearsay Provisions Of The Federal Rules Of Evidence,, Roger C. Park Jan 2015

Exporting The Hearsay Provisions Of The Federal Rules Of Evidence,, Roger C. Park

Faculty Scholarship

No abstract provided.


The Morality Of Law Practice, Geoffrey C. Hazard Jr. Jan 2015

The Morality Of Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Toward A More Perfect Union?: The Dangers Of Conflating Progress And Equality, Leo P. Martinez Jan 2015

Toward A More Perfect Union?: The Dangers Of Conflating Progress And Equality, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Restatement Of The Law Of Liability Insurance And The Duty To Settle, Leo P. Martinez Jan 2015

Restatement Of The Law Of Liability Insurance And The Duty To Settle, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little Jan 2015

Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little

Faculty Scholarship

No abstract provided.


Legal Education In A Modern World: Evolution At Work, Leo P. Martinez Jan 2015

Legal Education In A Modern World: Evolution At Work, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Introduction: Changing Law For A Changing Climate, David Takacs Jan 2015

Introduction: Changing Law For A Changing Climate, David Takacs

Faculty Scholarship

No abstract provided.


Is There A "Duty To Read"?, Charles L. Knapp Jan 2015

Is There A "Duty To Read"?, Charles L. Knapp

Faculty Scholarship

The notion that there is in general contract law a "duty to read" persists in the decisions of American courts. This Article explores the general question of what it may mean to say that there is a "duty to read," and concludes by suggesting what role (if any) that doctrine should play in our present-day law of contract. The Article begins by examining various ways in which the "duty to read" is commonly articulated, and compares it to other contract law concepts: the "duty to bargain in good faith" and the "duty to mitigate damages." The Article next considers a ...