Law and Society Commons^™

Myth-Busting Restorative Justice: Uncovering The Past And Finding Lessons In Community, Aparna Polavarapu

UC Irvine Law Review

A common narrative about modern restorative justice is that it is a revival of historic and indigenous justice practices that have been practiced around the world. Critics of this narrative call it a myth, arguing that the claim is overbroad and unsupported by existing evidence. Embedded in this conversation are questions about how to respect the contributions of indigenous traditions and avoid whitewashing. Such an overwhelmingly broad claim tends to lead to romanticization and whitewashing of indigenous traditions, serving the needs of largely white, Western advocates in yet another colonial endeavor. But ignoring the indigenous contribution to restorative justice altogether …

“A Change Is Gonna Come:” Developing A Liability Framework For Social Media Algorithmic Amplification, Amy B. Cyphert, Jena T. Martin

UC Irvine Law Review

From the moment social media companies like Facebook were created, they have been largely immune to suit for the actions they take with respect to user content. This is thanks to Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which offers broad immunity to sites for content posted by users. But seemingly the only thing a deeply divided legislature can agree on is that Section 230 must be amended, and soon. Once that immunity is altered, either by Congress or the courts, these companies may be liable for the decisions and actions of their algorithmic recommendation systems, …

Time, Equity, And Sexual Harassment, Joseph A. Seiner

UC Irvine Law Review

Sexual harassment remains a pervasive problem in the workplace. Recent studies and empirical research reveal that this unlawful conduct continues to pervade all industries and sectors of the economy. The #MeToo movement has made great progress in raising awareness of this problem and in demonstrating the lengths that some employers will go to conceal a hostile work environment. The movement has further identified the lasting emotional toll workplace harassment can have on its victims.

The research in this area demonstrates that the short timeframe harassment victims have to bring a federal discrimination charge—180 or 300 days depending on the …

Progressive Algorithms, Itay Ravid, Amit Haim

UC Irvine Law Review

Our criminal justice system is broken. Problems of mass incarceration, racial disparities, and susceptibility to error are prevalent in all phases of the criminal process. Recently, two dominant trends that aspire to tackle these fundamental problems have emerged in the criminal justice system: progressive prosecution—a model of prosecution adopted by elected reform-minded prosecutors that advance systemic change in criminal justice—and algorithmic decision-making—characterized by the adoption of statistical modeling and computational methodology to predict outcomes in criminal contexts.

While there are growing bodies of literature on each of these two trends, thus far, they have not been discussed in tandem. This …

Letting The Cat Out Of The Bag: How Lack Of Access To Animal Companionship And Husbandry Fosters Inequality For Black Americans, Kelsey Goldman

UC Irvine Law Review

Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and husbandry. Racism and capitalism in America have resulted in a confusing labyrinth of private actors, animal organizations, corporate industries, courts, and legislators who have worked collectively to cut off opportunities for Black Americans to benefit from animal companionship and husbandry.

In Part I, this Note …

Negotiations In Juvenile Dependency: Addressing Power, Race, And Class Inequities, Akila Shenoy

UC Irvine Law Review

A primary goal of the juvenile-dependency system is the preservation of the family, yet this goal is undermined by the gross disparity in bargaining power that exists between parties and that disproportionately affects poor families of color. This Note argues that the systemic power imbalance within the dependency system that disadvantages parents and is exacerbated by racial and class bias can be ameliorated by incorporating objective criteria into proceedings, moving from an adversarial to problem-solving approach in negotiations, requiring cultural competency that acknowledges disproportionality and its sources, and expanding access to mediation. This Note proceeds in five parts. Part I …

Assessing Access To Justice: How Much “Legal” Do People Need And How Can We Know?, Hugh Mcdonald

UC Irvine Law Review

As access to justice strategies evolve and expand, with user-centric, multifaceted, and more holistic approaches that seek to better match legal need and capability, and as the justice system sits on the cusp of digital transformation, empirical methods and measures that mirror evolving strategies are vital. Evolved empirical methods and measures are needed to not only assess access to justice, but also to learn “what works” to meet diverse legal need and capability across the community. Better, more effective, and cost-efficient access to justice appears to rest, at least in part, on improved ability to monitor diverse legal need and …

Institutional Design For Access To Justice, Emily S. Taylor Poppe

UC Irvine Law Review

Decades of empirical research have confirmed the prevalence of troublesome situations involving civil legal issues in everyday life. Although these problems can be associated with serious financial and social harm, they rarely involve recourse to lawyers or formal legal institutions. Contemporary scholars and practitioners increasingly integrate this reality into the definition of access to justice. They understand access to justice to be concerned with equality in the ability of individuals to achieve just resolutions to the problems they experience, regardless of whether they pursue formal legal action. To achieve this goal, an emerging international set of best practices calls for …

Assessing America’S Access To Civil Justice Crisis, Rebecca L. Sandefur, James Teufel

UC Irvine Law Review

Many strongly believe the United States faces a crisis in access to civil justice but differ starkly in what they believe that means. Some observers believe the key issue is unrepresented litigants in trials and hearings, while others point to the tens of millions of people facing justice problems outside of the courts with no assistance. We offer definitions of three concepts central to assessing the crisis—justiciable events, legal needs, and cases—and examine the availability of consistently collected, nationally representative data measuring these three phenomena. Such data are sparse. Some information about justice experiences is collected for those justiciable events—a …

The Case For Plagiarism, Andrew M. Carter

UC Irvine Law Review

No abstract provided.

Should Human Milk Be Regulated?, Mathilde Cohen

UC Irvine Law Review

Markets in human milk are booming. They take two main forms: informal markets—women giving or selling their milk peer-to-peer—, and formal markets—for-profit or non-profit organizations collecting, processing, and distributing donor milk to neonatal intensive care units and a few outpatients for a fee. The legal regime applicable to these human milk transactions is fragmented and unstable. The federal government does not define human milk as anything. The Food and Drug Administration has declined to regulate milk banks even though it oversees blood, cord, oocytes, semen, and stool banks. Only a handful of states have laws on the books pertaining to …

Global Legal Pluralism As A Normative Project, Paul Schiff Berman

UC Irvine Law Review

No abstract provided.

Individual Choice Of Law For Indigenous People In Canada: Reconciling Legal Pluralism With Human Rights?, Ghislain Otis

UC Irvine Law Review

No abstract provided.

Farc Justice: Rebel Rule Of Law, René Provost

UC Irvine Law Review

No abstract provided.

Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins

UC Irvine Law Review

No abstract provided.

Property, Law, And Race: Modes Of Abstraction, Brenna Bhandar

UC Irvine Law Review

No abstract provided.

Hargrave’S Nightmare And Taney’S Dream, Michael Meranze

UC Irvine Law Review

No abstract provided.

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

UC Irvine Law Review

No abstract provided.

Half/Full, Nancy Leong

UC Irvine Law Review

No abstract provided.

Empirical Intersectionality: A Tale Of Two Approaches, Ange-Marie Hancock

UC Irvine Law Review

No abstract provided.

Degradation Ceremonies And The Criminalization Of Low-Income Women, Kaaryn Gustafson

UC Irvine Law Review

No abstract provided.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

UC Irvine Law Review

No abstract provided.

Revisiting The Work We Know So Little About: Race, Wealth, Privilege, And Social Justice, Stephanie M. Wildman, Margalynne Armstrong, Beverly Moran

UC Irvine Law Review

No abstract provided.

The Peace: The Meaning And Production Of Law In The Post-Revolutionary United States, Laura F. Edwards

UC Irvine Law Review

No abstract provided.

Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt

UC Irvine Law Review

No abstract provided.

Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon

UC Irvine Law Review

No abstract provided.

Law As Claim To Justice: Legal History And Legal Speech Acts, Marianne Constable

UC Irvine Law Review

No abstract provided.