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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 ...


Foreword, Kya Rose Coletta 2020 University of California, Hastings College of the Law

Foreword, Kya Rose Coletta

Hastings Business Law Journal

No abstract provided.


Legal Transplants, Law Books, And Anglo-American Corporate Fiduciary Duties, Victoria Barnes 2020 University of California, Hastings College of the Law

Legal Transplants, Law Books, And Anglo-American Corporate Fiduciary Duties, Victoria Barnes

Hastings Business Law Journal

This Article explores legal transplants and divergences in Anglo- American corporate fiduciary law. The internal management rule in English law acts to restrict judicial interference in corporate governance disputes. It is conceptually similar to the business judgment rule but the two remain distinct. This Article explains why Anglo-American corporate law developed differently, despite its shared roots. It pinpoints the origins of the internal management rule to Lord Lindley’s work, which was written in the late nineteenth century. Lord Lindley was central to the development of corporate law in England and other common law jurisdictions within the British Empire, but ...


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

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh 2020 University of California, Hastings College of the Law

Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh

Hastings Communications and Entertainment Law Journal

When people think of sports gambling, they think of Las Vegas. Until recently, Nevada was the only state where one could legally place bets on sporting events. However, since the recent Supreme Court decision, Murphy v. NCAA, states are now in control when it comes to deciding whether or not to legalize sports gambling. As a result of the Murphy v. NCAA decision, some states have started to pass legislation to allow its citizens to legally place bets on certain sporting events. The driving force to legalize sports gambling stems from states’ desires to increase revenue through the taxation of ...


This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin 2020 University of California, Hastings College of the Law

This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin

Hastings Communications and Entertainment Law Journal

This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. Specifically, why many believe that jokes to not meet the qualifications of being an expression, as well as the fear that protecting jokes will lead to chilled speech.

Additionally, this note shall discuss the ways jokes could be protected under the current legal scheme, including trademark and state ...


Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le 2020 University of California, Hastings College of the Law

Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le

Hastings Communications and Entertainment Law Journal

Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world’s stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government relative to non-host cities in the same country, and that this may be particularly important in periods of economic recession and resource scarcity. Sports play a central role in quality education for all, and sports have been found to advance public ...


The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon 2020 University of California, Hastings College of the Law

The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon

Hastings Communications and Entertainment Law Journal

Journalism is not only under the attack of fake news and post-truth politics. Its main enemy comes from within. Malpractices of journalism such as the fabrication of sources and fake stories and illegal intrusion in people’s privacy are part of the equation that leads to people’s distrust in news organization.

This article addresses two very related topics that, nevertheless, have not been sufficiently studied as part of the same phenomenon: the reporter’s privilege to protect his sources’ identity and its connection with a journalist’s involvement in the illegal hacking or interception of private communications.

After reviewing ...


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

Masthead

Hastings Constitutional Law Quarterly

No abstract provided.


Neurodiversity In Public Schools: A Critique Of Special Education In America, Pallavi M. Vishwanath 2020 University of California, Hastings College of the Law

Neurodiversity In Public Schools: A Critique Of Special Education In America, Pallavi M. Vishwanath

Hastings Constitutional Law 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 ...


Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov 2020 University of California, Hastings College of the Law

Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov

Hastings Constitutional Law 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 ...


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