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Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton 2020 Seattle University School of Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...


Prenatal Care For Undocumented Women In The United States, Cristina Mendoza 2020 Dominican University of California

Prenatal Care For Undocumented Women In The United States, Cristina Mendoza

Nursing | Senior Theses

Background: While prenatal care is an essential preventive service, access is not equal. Undocumented immigrants in the United States face many barriers that prevent them from accessing primary health care needs, including adequate prenatal care. Throughout the United States, standard Medicaid provides coverage for all pregnancy-related care, encompassing the antenatal period, childbirth, and postpartum. However, undocumented women do not qualify to receive these services. Many studies showed that lack of prenatal care for undocumented pregnant women jeopardizes their health and their neonates’ health by increasing their risk of complications related to pregnancy and birth. Objective: To bring awareness of the ...


The Legal Needs Of Nonprofits: An Empirical Study Of Tax-Exempt Organizations And Their Access To Legal Services, Raymond H. Brescia, Bahareh Ansari, Hannah Hage 2020 University of California, Hastings College of the Law

The Legal Needs Of Nonprofits: An Empirical Study Of Tax-Exempt Organizations And Their Access To Legal Services, Raymond H. Brescia, Bahareh Ansari, Hannah Hage

Hastings Race and Poverty Law Journal

This empirical study, using quantitative and qualitative techniques, attempts to assess the state of the legal needs of nonprofit organizations, with an emphasis on the ways in which nonprofit organizations are or are not accessing assistance addressing their legal services needs. While most research into the extent to which Americans may or may not be accessing legal services focuses on the legal needs of individuals and families, this study focuses on the legal needs of nonprofit groups. Our goal with this research project is to contribute to the growing literature on the scope of unmet legal needs in the United ...


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Editor In Chief: Foreword, Virginia Millacci 2020 University of California, Hastings College of the Law

Editor In Chief: Foreword, Virginia Millacci

Hastings Race and Poverty Law Journal

No abstract provided.


The Case For A Federal Statute Authorizing Compensation For Legally Imposed Segregation, Thomas B. Stoel Jr. 2020 University of California, Hastings College of the Law

The Case For A Federal Statute Authorizing Compensation For Legally Imposed Segregation, Thomas B. Stoel Jr.

Hastings Race and Poverty Law Journal

This article, “The Case for a Federal Statute Authorizing Compensation for Legally Imposed Segregation,” proposes enactment of a law to provide reparations to the African Americans who suffered economic, physical, and psychological harm because they were victims of legally imposed racial segregation.

In 1973, Yale Law School Professor Boris Bittker published The Case for Black Reparations, a perceptive, legally rigorous analysis of the issue. Bittker concluded that a focus on reparations for slavery was likely to prove unproductive, and concentrated instead on the prospect for achieving broad- scale reparations for legally imposed segregation. Bittker reached no definitive conclusions; he ended ...


Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing 2020 University of California, Hastings College of the Law

Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing

Hastings Race and Poverty Law Journal

In the 1980s, tens of thousands of Central Americans fled to the United States seeking refuge from civil unrest that ravaged their countries. In a largely geopolitical response, the Reagan administration labeled those fleeing Guatemala and El Salvador as “economic migrants,” detained them, and largely denied their asylum claims. The illegal discrimination against these refugees was exposed in a series of lawsuits and through congressional investigations. This led to the reconsideration of thousands of cases, the enlistment of a corps of asylum officers, and an agreement on the conditions under which migrant children could be detained.

Unfortunately, the lessons of ...


Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr. 2020 University of California, Hastings College of the Law

Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.

Hastings Race and Poverty Law Journal

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 ...


Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader 2020 University of California, Hastings College of the Law

Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader

Hastings Race and Poverty Law Journal

In recent years, controversies surrounding curriculum and instruction about Muslims and Islam in U.S. public schools have become more common. In some instances, Muslim American parents and students have challenged representations that spread and reinforce denigrating stereotypes and misconceptions about their faith and co-religionists. In a seemingly growing trend, however, some non-Muslim students and parents are objecting to courses and programs due to perceived favorable or neutral treatment of the Islamic faith. Such cases, controversies and curricula illustrate how popular anxieties surrounding the integration of immigrant populations, particularly Muslims, are increasingly infecting classrooms, school districts and communities. They also ...


Law, Race, And The Epistemology Of Ignorance, George A. Martínez 2020 University of California, Hastings College of the Law

Law, Race, And The Epistemology Of Ignorance, George A. MartíNez

Hastings Race and Poverty Law Journal

Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have ...


Korean Americans, The Protestant Christian Church, And The Future Of Asian American Lgbtq Rights, Josiah Pak 2020 University of California, Hastings College of the Law

Korean Americans, The Protestant Christian Church, And The Future Of Asian American Lgbtq Rights, Josiah Pak

Hastings Race and Poverty Law Journal

This paper focuses on the Korean American Protestant Christian church and their past, present, and future support for LGBTQ rights. It explores both first-generation Korean American immigrants and their children, native-born second-generation Korean Americans. Specifically, it recounts the process of emigration for many first-generation Korean American immigrants and how it carried over the conservative, traditionalist, and religious frameworks that contribute to stonewalling future LGBTQ equality rights. Additionally, this paper addresses second- generation Korean Americans swinging between ideologies and social underpinnings of the older generation and a new “American” identity. By recounting Korean immigration to the United States, the role of ...


Secure The Smartphone, Secure The Future: Biometrics, Boyd, A Warrant Denial And The Fourth And Fifth Amendments, Aaron Chase 2020 University of California, Hastings College of the Law

Secure The Smartphone, Secure The Future: Biometrics, Boyd, A Warrant Denial And The Fourth And Fifth Amendments, Aaron Chase

Hastings Race and Poverty Law Journal

The growing use of biometric technology—fingerprints, facial recognition and beyond—for data safekeeping—particularly for smart phones, personal computers, and identification—has raised a number of questions for Constitutional scholars. What Constitutional protections, if any, does biometric information have? Does biometric information require a warrant for law enforcement officers to compel its production? Would compelling production of a biometric password effectively force defendants to testify against themselves? Should the growing use of biometric information, by both private third parties and law enforcement, lead courts to reexamine prior precedents regarding privacy interests in personal technology and personal physical characteristics? This ...


Building Social And Human Capital In The Black Community By Increasing Strategic Relationships, Cooperative Economics, The Black Marriage Rate, And The Level Of Educational Attainment And Targeted Occupational Training, W. Sherman Rogers 2020 University of California, Hastings College of the Law

Building Social And Human Capital In The Black Community By Increasing Strategic Relationships, Cooperative Economics, The Black Marriage Rate, And The Level Of Educational Attainment And Targeted Occupational Training, W. Sherman Rogers

Hastings Race and Poverty Law Journal

This is a multi-disciplinary article that focuses on the power of strategic relationships and cooperative economics in strengthening the human and social capital of the black1 community. It involves studies emanating primarily from the fields of law, economics, history, political science, and sociology. The recommendations set-forth in this article, however, are relevant to all people in America. The central thesis that underlies the entirety of this article can be found in the simple exhortation of the African Proverb—“If you want to go fast, go alone. If you want to go far, go together .”

African Americans can significantly expand the ...


The Movement To Decriminalize Border Crossing, Ingrid V. Eagly 2020 UCLA School of Law

The Movement To Decriminalize Border Crossing, Ingrid V. Eagly

Boston College Law Review

Should it be a crime to cross the border into the United States? This Article explores the growing resistance to the politics and practices of mass border criminalization. In doing so, it makes three central contributions. First, it dissects the varied strands of the punitive practices of the U.S. Department of Justice, including policies of zero-tolerance prosecution for first-time unauthorized border crossers and enhanced punishments for those who reenter after deportation. Second, it traces how growing public awareness of the previously hidden practices occurring in Border Patrol holding cells and federal criminal courts along the Southwest border have sparked ...


The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson 2020 University of Miami Law School

The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson

University of Miami Law Review

As the federal appeals court with jurisdiction over Florida and Alabama—two leaders in capital punishment in the United States—the Eleventh Circuit reviews several claims each year related to capital punishment. Florida is home to one of the largest death row populations in the country. Thus, understanding Florida’s capital sentencing scheme is important for understanding capital punishment nationwide.

This Article analyzes the empirical demographics of Florida’s death row population and reviews how defendants are sentenced to death and ultimately executed in Florida. The analysis reveals that although age is not a factor upon which murder/manslaughter defendants ...


Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton 2020 William & Mary Law School

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton

William & Mary Bill of Rights Journal

No abstract provided.


Racial Stereotypes, Respectability Politics, And Running For President: Examining Andrew Yang's And Barack Obama's Presidential Bids, Vinay Harpalani 2020 University of New Mexico - School of Law

Racial Stereotypes, Respectability Politics, And Running For President: Examining Andrew Yang's And Barack Obama's Presidential Bids, Vinay Harpalani

Faculty Scholarship

In the wake of the pandemic, Andrew Yang’s response to anti-Asian American violence was criticized for placing responsibility on Asian Americans rather than those perpetrating the hate crimes. This article explores how "warring ideals for people of color can cause a lot of internal dissonance about what to say and how to act in certain situations.

See Original Blog Post on Internet.


Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams 2020 Georgetown University Law Center

Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, they have largely been left at the margins of the #MeToo movement, in terms of (1) the online conversation; (2) traditional social movement activity occurring offline; and (3) resulting legal activity. This article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, LaTasha Hill 2020 University of Maryland Francis King Carey School of Law

Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, Latasha Hill

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa 2020 Pennsylvania State University School of Law

Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa

Michigan Journal of International Law

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law.

This article underscores the role of the postcolonial periphery ...


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