Digital Commons Network^™

The New Jim Crow - Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

UC Law Constitutional Quarterly

This Article revisits the claim that mass incarceration constitutes a new form of racial segregation, or Jim Crow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the "new" and "old" Jim Crows, namely the debt that each owe to progressive and/or liberal politics. In a manner that scholars like Michelle Alexander forget, both racial segregation and mass incarceration owe their existence in part to discourses of reform aimed at promoting black interests, albeit with perverse results. Recognizing the aspirational origins of such systems helps to better explain how they came into being, …

Embracing "Choice" And Abandoning The Ballot: Lessons From Berkeley's Popular Defeat Of Sit-Lie, Courtney Oxsen

UC Law SF Journal on Gender and Justice

In November 2012, Berkeley voters defeated Measure S, an ordinance that would have made it illegal to sit down in Berkeley's commercial districts during most of the day, a so-called "sit-lie" law. Sit-lie laws have become increasingly prevalent nationwide as a means to combat the presence of homeless individuals in downtown areas, ever since Seattle's sit-lie regulation was upheld by the Ninth Circuit Court of Appeals in 1996. Debate over the efficacy and constitutionality of sit-lie laws has been fierce nationally and in individual localities. Proponents of the measure say sit-lie laws are a necessary tool for law enforcement to …

Looking Backward To 1938, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Profit For Costs, Morris A. Ratner, William B. Rubenstein

Faculty Scholarship

No abstract provided.

Startup Lawyers At The Outskirts, Abraham Cable

Faculty Scholarship

Startup lawyering is a distinctive style of law practice first observed in Silicon Valley decades ago. Like other business lawyers, startup lawyers form entities, protect intellectual property rights, and document financing transactions for clients starting new businesses. But startup lawyers also encourage entrepreneurship more broadly by promoting Silicon Valley’s practices and conventions, such as standard contract terms that streamline negotiations with venture capital investors.

Today, startup lawyers practice not only in established entrepreneurial centers such as Silicon Valley or Boston, but also in the shadow of economic development efforts to promote entrepreneurship. In this new context, startup lawyering is susceptible …

Morris L. Cohen: A Bibliography Of His Works, Camilla Tubbs

Faculty Scholarship

No abstract provided.

In-Home Care Providers. Expenditures. Initiative Statute.

Initiatives

Requires businesses providing in-home care services to spend at least 75% of their total annual home care service revenue on direct patient care. Limits administrative expenses, management compensation, and profit distributions collectively to 25% of revenue. Establishes state program to administer and enforce measure, provider fees, and fines up to $10,000 per year plus mandatory license revocation for violations. Dedicates fees and fines to fund program. Requires providers to prepare annual reports showing revenue and expenditures. Requires publication of these reports and information on provider violations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on …

In-Home Care Providers. Expenditures. Initiative Statute.

Initiatives

Requires businesses providing in-home care services to spend at least 75% of their total annual home care service revenue on direct patient care. Limits administrative expenses, management compensation, and profit distributions collectively to 25% of revenue. Establishes state program to administer and enforce measure, provider fees, and fines up to $10,000 per year plus mandatory license revocation for violations. Dedicates fees and fines to fund program. Requires providers to prepare annual reports showing revenue and expenditures. Requires publication of these reports and information on provider violations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on …

Note – Toward Effective Access To Justice In Haiti: Eliminating The Medical Certificate Requirement In Rape Prosecution, Shannon D. Lankenau

UC Law Journal

In Haiti, the overwhelming majority of rapes go unpunished. To date, the Haitian government has failed to promulgate a working legal framework in which it can effectively prosecute crimes of sexual violence. Women, in particular, are disproportionately burdened by these inadequacies. This Note explores one of the most problematic aspects of the current legal system: the de facto requirement that a woman obtain a medical certificate to corroborate her claim of rape. Although not mandated by Haitian law, medical certificates are regarded as the foundation of any prosecution because deficient investigations often fail to produce any additional evidence for use …

The Evolution Of A National Response To Violence Against Women, Robin R. Runge

UC Law SF Journal on Gender and Justice

The Violence Against Women Act has a long and important history. VAWA has had a profound impact on the way the legal system defines,identifies, and responds to violence against women. In these remarks, based on Ms. Runge's extensive professional history working on VAWA and related legal issues, she examines the remaining shortcomings of VAWA and praises the progress achieved since the first VAWA was passed in 1994 to the most recent reauthorization in 2013.

Amicus Curiea Brief: Stormans, Inc. V. Selecky, Sarah L. Ainsworth

UC Law SF Journal on Gender and Justice

Preventing pregnancy after sexual assault and violence is critical to a woman's psychological recovery and physical health. Emergency contraception works effectively to prevent pregnancy, and is the medical standard of care for treating women and girls of reproductive age after a sexual assault. While pregnancies pose health risks for every woman, rape-related pregnancies hold profound consequences including compounded trauma and an increased vulnerability to violence. In this brief, amici urge the Ninth Circuit to recognize the importance of access to emergency contraception for all women, and its critical nature for rape and domestic violence survivors.

Uc Hastings College Of The Law 132nd Commencement, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

Uc Hastings (Spring 2013), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum

UC Law Environmental Journal

No abstract provided.

Uc Hastings (Fall 2013), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Sensibilities For Social Justice Lawyers, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

This essay describes six sensibilities that are crucial for 21st Century social justice lawyers. It urges social justice lawyers to know thoroughly the literature on lawyering and social change movements, to be clear about their fundamental aims, to connect their efforts with others, to observe from multiple perspectives, to combat cultural encapsulation, and to put in the time necessary to ensure the survival, advancement, and flourishing of clients and communities.

Informed Buyers Of E-Discovery: Why General Counsel Must Become Tech Savvy, John Didday

UC Law Science and Technology Journal

Corporate counsel needs to understand big data, now. Civil discovery is getting bigger and more expensive by the day, but the legal field has been slow to find a solution. Too often, the huge data sets corporate litigants exchange before trial become a burden instead of an asset. Computer scientists have developed methods to aggregate and search large stores data effectively, but the legal system is intransigent; unless a leader brings technology to the law, litigation will only get slower and more expensive. I propose in-house counsel lead the way to implementing big data solutions by becoming informed buyers of …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote

UC Law SF International Law Review

No abstract provided.

People V. Diaz, Senate Bill 914 And The Fourth Amendment, Caitlin Keane

UC Law SF Communications and Entertainment Journal

After the Diaz decision in January, Senator Mark Leno, a Democrat representing San Francisco, took matters into his own hands and drafted Senate Bill 914. In short, the bill would have overturned the Court's decision and required law enforcement to obtain a search warrant from a neutral magistrate before searching arrestees' portable electronic devices. The bill passed with overwhelming support from both political parties in the State Assembly and State Senate and needed only Governor Brown's signature or tacit approval to become law. Governor Brown vetoed the bill in October 2011, stating, "[t]he courts are better suited to resolve the …

Professional Responsibility In Civil Domestic Violence Matters, Julie Saffren

UC Law SF Journal on Gender and Justice

Professional Responsibility in Civil Domestic Violence Matters explores the fundamental ethical duties that arise in civil domestic violence practice. The article stresses the importance of an attorney having a comprehensive knowledge of domestic violence dynamics and describes how these complex dynamics impact the attorney-client relationship. Knowledge of domestic violence and its impact on the victim is required if the attorney is to fulfill their duty of competence, including providing legal services in a culturally competent and trauma-informed manner. The importance of safety and specific ethical responsibilities in the face of high lethality cases are also discussed. The author examines attorney …

A Local Official's Guide To Language Access Laws, David Jung, Noemi Gallardo, Ryan Harris

UC Law Journal of Race and Economic Justice

Sharp growth in immigration has introduced California to a large number of persons who do not speak and understand English well enough to make use of basic social services. These individuals may not know what public services are available, may not be able to communicate with local officials, and may not receive information that local agencies release to the public. Local agencies throughout California should ensure that all their services are accessible to persons for whom English is a barrier to understanding.

This article first explains why the California and federal constitutions forbid laws requiring that services be provided in …

Crimes Without Punishment: An Update On Violence Against Women And Impunity In Guatemala, Karen Musalo, Blaine Bookey

UC Law Journal of Race and Economic Justice

In response to rates of violence against women that rank among the highest in the world, Guatemala enacted the Law Against Femicide and Other Forms of Violence Against Women in 2008. Unfortunately, the law does not seem to be rectifying the deeply rooted problem of gender-based violence that plagues Guatemala. A 2010 report by the Center for Gender & Refugee Studies and later investigation in collaboration with the Refugee and Human Rights Clinic at UC Hastings revealed the degree to which Guatemala is failing to protect women from gender-motivated attack.

This article first surveys the scope of the problem of …

Planting People, Growing Justice: The Three Pillars Of New Social Justice Lawyering, Artika R. Tyner

UC Law Journal of Race and Economic Justice

To accomplish meaningful social change, lawyers must move beyond their traditional role as mediaries between clients and the justice system and work collaboratively with marginalized communities. Lawyers should stand as leaders to help underprivileged people obtain the basic necessities of life and dignity. To that end, Dr. Tyner introduces three pillars of new social justice lawyering: social justice lawyering, leadership, and public policy advocacy.

This essay opens with a survey of several theoretical approaches to social justice lawyering. It moves on to examine how lawyers can serve as leaders. Finally, the article explores ways in which lawyers can serve as …

The Upside Of Losing, Ben Depoorter

Faculty Scholarship

No abstract provided.

Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo

Faculty Scholarship

No abstract provided.

Representation For The Accused: Haiti's Thirst And A Role For Clinical Legal Education, Kate Bloch

Faculty Scholarship

No abstract provided.