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Articles 151 - 180 of 677
Full-Text Articles in Entire DC Network
Community Development Law And Economic Justice—Why Law Matters: The Potential Impact Of Corporate Law Clinics, Alina S. Ball
Community Development Law And Economic Justice—Why Law Matters: The Potential Impact Of Corporate Law Clinics, Alina S. Ball
Faculty Scholarship
No abstract provided.
Fostering Ethical Professional Identity In Tax: Using The Traditional Tax Classroom, Heather M. Field
Fostering Ethical Professional Identity In Tax: Using The Traditional Tax Classroom, Heather M. Field
Faculty Scholarship
No abstract provided.
Restraining Lawyers: From 'Cases' To 'Tasks', Morris A. Ratner
Restraining Lawyers: From 'Cases' To 'Tasks', Morris A. Ratner
Faculty Scholarship
No abstract provided.
Good Neighbor Agreement - Msmc, Uc Hastings College Of The Law
Good Neighbor Agreement - Msmc, Uc Hastings College Of The Law
Long Range Campus Planning Archive
No abstract provided.
Designing The Competition: A Future Of Roles Beyond Lawyers? The Case Of The Usa, Rebecca L. Sandefur, Thomas M. Clarke
Designing The Competition: A Future Of Roles Beyond Lawyers? The Case Of The Usa, Rebecca L. Sandefur, Thomas M. Clarke
UC Law Journal
Most of the civil justice problems Americans experience never receive service from an attorney. Indeed, daily around the country, thousands of people arrive at court not only without a lawyer to represent them, but also without an understanding of where to go, what to do, or what will happen while they are there. Many jurisdictions are experimenting with models for assisting unrepresented people through the use of “roles beyond lawyers,” roles staffed by people who are not fully qualified attorneys but perform some of the tasks traditionally performed only by attorneys. One interesting aspect of these developments is their source: …
Advancing Equal Access To Justice: Barriers, Dilemmas, And Prospects, Tani G. Cantil-Sakauye Hon.
Advancing Equal Access To Justice: Barriers, Dilemmas, And Prospects, Tani G. Cantil-Sakauye Hon.
UC Law Journal
No abstract provided.
Lifting The “American Exceptionalism” Curtain: Options And Lessons From Abroad, Earl Johnson Jr.
Lifting The “American Exceptionalism” Curtain: Options And Lessons From Abroad, Earl Johnson Jr.
UC Law Journal
Contrary to its public rhetoric promising “justice for all” and “equal justice under law,” access to civil justice in the United States is “exceptional” only in a negative sense. The Rule of Law Index ranks our nation next to last among the world’s thirty-one “richest” countries. A major reason for this is that most of our fellow industrial democracies have a right to counsel in civil cases and invest from three times to ten times more than the United States on civil legal aid. Beyond these differences, the United States has much to learn from research and other developments in …
Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Stacy Brustin, Lisa Martin
Bridging The Justice Gap In Family Law: Repurposing Federal Iv-D Funding To Expand Community-Based Legal And Social Services For Parents, Stacy Brustin, Lisa Martin
UC Law Journal
Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys represent the state’s ostensible interests in ensuring that children are financially supported and in preventing welfare dependence; they do not represent individual parents. The outcomes of child support proceedings have profound, long-term constitutional and financial implications for parents, yet litigants rarely understand their rights or the role of the government. Originally, the goal of state child support enforcement efforts was to recapture the costs of welfare expenditures. In 1990, two-thirds of cases …
A Comparison Between The American Markets For Medical And Legal Services, Ben Barton
A Comparison Between The American Markets For Medical And Legal Services, Ben Barton
UC Law Journal
America’s access to justice woes are paradoxical. We have more lawyers than every country except India and more lawyers per capita than every country except for Israel. We spend more on law as an absolute amount or as a percentage of GDP than any other country. At the high end, we provide best legal services in the world. And yet we barely provide any legal services to the very poor, and our lawyers cost too much for the working poor or even the middle class. We graduate so many juris doctors that as many as a third fail to find …
Litigants Without Lawyers: Measuring Success In Family Court, Marsha M. Mansfield
Litigants Without Lawyers: Measuring Success In Family Court, Marsha M. Mansfield
UC Law Journal
As thousands of litigants access our court systems without lawyers, the debate whether these litigants receive procedural and substantive justice has intensified. Nationwide, eighty percent of those accessing the court system in a family law matter do so without the assistance of a lawyer. As the numbers continue to increase exponentially and access to free or low cost legal services diminishes, courts, lawyers, legal service organizations, and law schools throughout the country continue to experiment with alternates to full-scale representation that can provide self-represented litigants with adequate legal assistance. Although some researchers have analyzed the overall success ratio for cases …
How To Regulate Legal Services To Promote Access, Innovation, And The Quality Of Lawyering, Gillian K. Hadfield, Deborah L. Rhode
How To Regulate Legal Services To Promote Access, Innovation, And The Quality Of Lawyering, Gillian K. Hadfield, Deborah L. Rhode
UC Law Journal
Scholars and critics have for decades advocated change in the professional regulation of legal services markets in order to solve the ever-widening gap in access to justice. One of the central obstacles to change has been concern about the impact of opening legal markets to new practitioners and business models on central professional values such as competence, loyalty, and independence. This Article argues that good regulatory solutions are available to ensure that more open and flexible professional models—ones that allow the practice of law by alternative providers and business structures—deliver high quality, lower cost, greater innovation, and more access to …
From Victims To Litigants, Elizabeth L. Macdowell
From Victims To Litigants, Elizabeth L. Macdowell
UC Law Journal
This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help programs may inadvertently work to curtail, rather than expand, advocacy resources. Furthermore, problems identified with self-help service delivery and negative impacts on advocacy systems may be explained by the structure of work within self-help programs and the nature of partnerships to provide self-help services. The Author uncovers previously unseen impacts of self-help programs on survivors …
Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan
Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan
UC Law Journal
Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases, and …
Uc Hastings College Of The Law 135th Commencement, Uc Hastings College Of The Law
Uc Hastings College Of The Law 135th Commencement, Uc Hastings College Of The Law
Commencement Exercises
No abstract provided.
Educational Policy Committee Meeting Packet 05/12/2016, Uc Hastings Board Of Directors
Educational Policy Committee Meeting Packet 05/12/2016, Uc Hastings Board Of Directors
2016 Board of Directors Agenda and Materials
No abstract provided.
Finance Committee Meeting Packet 05/12/2016, Uc Hastings Board Of Directors
Finance Committee Meeting Packet 05/12/2016, Uc Hastings Board Of Directors
2016 Board of Directors Agenda and Materials
No abstract provided.
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah Sherman-Stokes
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah Sherman-Stokes
UC Law Journal
In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …
The Harm In Hate Speech: A Critique Of The Empirical And Legal Bases Of Hate Speech Regulation, John T. Bennett
The Harm In Hate Speech: A Critique Of The Empirical And Legal Bases Of Hate Speech Regulation, John T. Bennett
UC Law Constitutional Quarterly
Calls for hate speech censorship are largely premised upon the existence of certain social harms, including racial and gender inequalities, which are supposedly reinforced by hate speech. These inequalities, however, could be caused by a host of cultural and behavioral factors completely unrelated to hate speech, racial animus, discrimination, or any structural cause. The causal argument presented here has significant implications for the constitutionality of hate speech regulation. This article directly confronts the constitutional flaws, normative concerns, and empirical weaknesses inherent in a substantial body of hate speech scholarship. This article critically analyzes the legal and sociological premises of hate …
Uc Hastings (Fall 2016), Hastings College Of The Law Alumni Association
Uc Hastings (Fall 2016), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Uc Hastings (Spring 2016), Hastings College Of The Law Alumni Association
Uc Hastings (Spring 2016), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode
Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode
UC Law SF International Law Review
No abstract provided.
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
UC Law SF International Law Review
No abstract provided.
Capturing The Insights: Commonalities And Differences, Naomi Roht-Arriaza
Capturing The Insights: Commonalities And Differences, Naomi Roht-Arriaza
UC Law SF International Law Review
No abstract provided.
Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida
Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida
UC Law SF International Law Review
No abstract provided.
The Right To Education For Unaccompanied Minors, Jeanette M. Acosta
The Right To Education For Unaccompanied Minors, Jeanette M. Acosta
UC Law Constitutional Quarterly
In response to the increase of unaccompanied minors seeking refuge in the United States in 2014, officials within federal, state, and local institutions readied themselves to receive and serve a greater number of child migrants in detention facilities, shelters, immigration courts, and public schools. While attention has been paid to the need for legal representation of unaccompanied minors and the need to end the inhumane detention of children, this Note reveals the state of educational opportunities and services provided for unaccompanied minors in detention facilities, shelters, and public schools. This Note looks to the role education plays in the lives …
Forging A Path For Women's Rights In Customary Law, Tamar Ezer
Forging A Path For Women's Rights In Customary Law, Tamar Ezer
UC Law SF Journal on Gender and Justice
Common law in Africa began as a dynamic, fluid structure that was effective for governing small, tight-knit communities. After the introduction of European colonialism, however, common law incorporated European customs, such as patriarchy and individualism. The individual and patriarchal structure solidified in many African communities and had a grossly disproportionate effect on women, whose lives were dictated by lack of property rights and self-determination. In South Africa in particular, the patriarchal structure continued into the 20th century despite a global recognition of equal rights for women. This article explores the origins of common law and suggests that many communities may …
Government Speech And Circumvention Of The First Amendment, Mark Strasser
Government Speech And Circumvention Of The First Amendment, Mark Strasser
UC Law Constitutional Quarterly
The government speech doctrine permits the government to convey its stance on issues through its actions. This article focuses on the development of the government speech doctrine and argues the necessity of limitations on this doctrine to prevent infringements on First Amendment rights. In Rust v. Sullivan, the Supreme Court first recognized what would later be characterized as the government speech doctrine, holding that a statute that prevented clinics from receiving federal funds for abortion-related activities did not violate the Constitution. The Court has subsequently suggested that this was in essence allowing the government to convey a particular message through …
La Gran Lucha: Latina And Latino Lawyers, Breaking The Law On Principle, And Confronting The Risks Of Representation, Marc‐Tizoc González
La Gran Lucha: Latina And Latino Lawyers, Breaking The Law On Principle, And Confronting The Risks Of Representation, Marc‐Tizoc González
UC Law Journal of Race and Economic Justice
In a time when people in the United States have been taking to the streets en masse to protest unjust socio‐legal conditions like police brutality and the draconian enforcement of immigration laws, the time is ripe to reconceptualize what it means to break the law on principle. Twenty five years ago, Harvard Law Dean Martha L. Minow conceptualized “the risks of representation” for lawyers whose clients “entertain breaking the law as one of their strategies for achieving social change.” Responding substantively to Minow’s ideas, Houston Law Professor Michael A. Olivas presented three case studies to illuminate the risks of nonrepresentation, …
The Rule Of Law And Ethical Integrity: Does Haiti Need A Code Of Legal Ethics?, Kate Bloch, Roxanne Edmond-Dimanche
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.
The End(S) Of Legal Education, Frank H. Wu
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.”