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Articles 241 - 270 of 677
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Crimes Without Punishment An Update On Violence Against Women And Impunity In Guatemala, Karen Musalo, Blaine Bookey
Crimes Without Punishment An Update On Violence Against Women And Impunity In Guatemala, Karen Musalo, Blaine Bookey
Faculty Scholarship
No abstract provided.
Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa
Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa
Faculty Scholarship
No abstract provided.
Cases And Controversies: Some Things To Do With Contracts Cases,, Charles L. Knapp
Cases And Controversies: Some Things To Do With Contracts Cases,, Charles L. Knapp
Faculty Scholarship
No abstract provided.
All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein
All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein
Faculty Scholarship
This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …
Representing The Poor Legal Advocacy And Welfare Reform During Reagan's Gubernatorial Years, Mark N. Aaronson
Representing The Poor Legal Advocacy And Welfare Reform During Reagan's Gubernatorial Years, Mark N. Aaronson
Faculty Scholarship
No abstract provided.
Sensibilities For Social Justice Lawyers, Ascanio Piomelli
Sensibilities For Social Justice Lawyers, Ascanio Piomelli
Faculty Scholarship
No abstract provided.
Dispute System Design: A Comparative Study Of India, Israel And California, Sheila Purcell
Dispute System Design: A Comparative Study Of India, Israel And California, Sheila Purcell
Faculty Scholarship
No abstract provided.
Ineffective Assistance Of Library: The Failings And The Future Of Prison Law Libraries, Jonathan Abel
Ineffective Assistance Of Library: The Failings And The Future Of Prison Law Libraries, Jonathan Abel
Faculty Scholarship
The prison law library has long been a potent symbol of the inmate's right to access the courts. But it has never been a practical tool for providing that access. This contradiction lies at the core of the law library doctrine. It takes little imagination to see the problem with requiring untrained inmates, many of them illiterate or non-English speakers, to navigate the world of postconviction relief and civil rights litigation with nothing more than the help of a few library books. Yet law libraries are ubiquitous in American prisons. Now, in light of a technological revolution in legal research …
Uc Hastings College Of The Law 131st Commencement, Uc Hastings College Of The Law
Uc Hastings College Of The Law 131st Commencement, Uc Hastings College Of The Law
Commencement Exercises
No abstract provided.
A Profession, If You Can Keep It: How Information Technology And Fading Borders Are Reshaping The Law Marketplace And What We Should Do About It, Stephen Gillers
A Profession, If You Can Keep It: How Information Technology And Fading Borders Are Reshaping The Law Marketplace And What We Should Do About It, Stephen Gillers
UC Law Journal
Technology is changing the way we do business. It has made cross-border trade in goods and services easy. Capital is finding ways to profit from the law business. Lawyers strive to serve clients wherever they need help, including outside their jurisdiction of admission. These changes not only affect how American law firms work, they challenge our system for licensing and regulating lawyers. The traditional geocentric model for regulating the bar, based on physical place of practice, is unstable today because lawyers can practice physically in many places and (virtually) in every place, yet no place in particular. The next twenty …
An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps, Kelsey Kofford
An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps, Kelsey Kofford
UC Law SF International Law Review
When people envision refugee and displacement camps, rarely do they conjure up images or symbols of justice. There are no courthouses, no judges, no attorney offices, and no actual law enforcement in their virtual depictions - and with good reason. In reality, there is little to no access to justice in camplife. Refugee and displacement camps are essentially lawless. This Note endeavors to answer why there is no legal infrastructure in camps by examining the rise of the camp model, the law on the books versus the law in action in camps, and some on-the-ground problems that occur and inhibit …
Mers: The Unreported Effects Of Lost Chain Of Title On Real Property Owners, David E. Woolley, Lisa D. Herzog
Mers: The Unreported Effects Of Lost Chain Of Title On Real Property Owners, David E. Woolley, Lisa D. Herzog
UC Law Business Journal
A Mortgage Electronic Registry System ("MERS") keeps electronic records on half of the home mortgages in the United States. The author analyzes the destructive effect that the MERS system will have on 400 years of recorded property rights in the United States, explains how junior and senior property rights are determined in the face of a boundary dispute, and discusses the robo-signer scandal. The article explains how the lost chain of title affects homeowners with or without mortgages in the MERS system, including the ramifications on the ground for determining property boundaries and proof of ownership in order to obtain …
Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley
Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley
UC Law Business Journal
The article presents and discusses opportunities for advocacy that lie at the intersection of the legal and creative community. Economists have identified a shift from in the economy where the most valued quality for stimulating the economy is creativity. This shift will force lawyers to reorient their legal services to survive and better responds to their clients. The articles examines the challenges facing a subset of artists and the link between the creative economy and strengthening regional and local U.S. economies, focusing on the development of microenterprises. The article also details practical steps lawyers can take to provide legal assistance …
Note – Why Can’T We Be “Friends”? A Call For A Less Stringent Policy For Judges Using Online Social Networking, Brian Hull
UC Law Journal
Judges are increasingly using social networking websites like Facebook, Twitter, LinkedIn, MySpace, and Google+, and, naturally, the question arises: What are the ethical limits for judges doing so? A number of judicial ethics committees and others knowledgeable about judicial ethics have analyzed this question. Not all, however, were familiar with the nuances of online social networking. The California Judges Association falls into both of these categories. In November 2010, it released an advisory opinion, Opinion 66, describing its views on judges using social networking sites. This Note details the views expressed by Opinion 66 and by opinions from Florida, Indiana, …
The Case Against Statutory Menus In Corporate Law, Daniel M. Häusermann
The Case Against Statutory Menus In Corporate Law, Daniel M. Häusermann
UC Law Business Journal
The author challenges the view among corporate law scholars that state legislatures should enact menus of predefined statutory rules from which corporations may select the governance terms of their choice. The private sector has produced menus of contract terms, such as standard form contracts and model documents, long before the idea of statutory menus became fashionable. There is no evidence that the market for private menus has failed, and legislatures are unlikely to be efficient menu producers. Advocates of statutory menus have suggested a number of rationales, most notably considerations based on transaction costs, network and learning effects, bounded attention, …
Fair Copyright Litigation: The Reverse Class Action Lawsuit, Brian Noh
Fair Copyright Litigation: The Reverse Class Action Lawsuit, Brian Noh
UC Law Business Journal
By some estimates, more than 40 billion songs were downloaded illegally in 2008. In recent years, some copyright holders seeking to curtail copyright infringement have filed thousands of claims against individual end-users and peer-to-peer network operators. The resulting scenario, in some instances, has required plaintiffs to prepare settlement strategies against thousands of individual defendants who are often ill equipped to deal with such suits. This note addresses the inability of the copyright law regime to resolve such scenario, one of the growing problems of the information age. Specifically, the author proposes that the solution to these problems is found in …
United States V. Duro: Farmworker Housing And Agricultural Law Constructions, Guadalupe T. Luna
United States V. Duro: Farmworker Housing And Agricultural Law Constructions, Guadalupe T. Luna
UC Law Journal of Race and Economic Justice
This article seeks to addresses how the nation's food production systems produce negative conditions for foreign-born Indigenous people employed for their labor. The article will utilize the case of the migrant Pur6pecha, on the Torres Martinez Desert Cahuilla Indian Reservation in U.S. v. Duro . It will deeply examine the wide array of agricultural laws and policies that are available and aid growers and producers while not requiring that growers or producers to provide habitual farmworker housing. After discussing in detail the lack of adequate housing options for immigrant farmworkers throughout the nation and highlighted by the U.S. v. Duro …
Unlawful Arrests And Over-Detention Of America's Immigrants: What The Federal Government Can Do To Eliminate State And Local Abuse Of Immigration Detainers, Molly F. Franck
UC Law Journal of Race and Economic Justice
Ever since Arizona governor, Janice Brewer, signed S.B. 1070 into law in early 2010, national debates over immigration have dominated the public discourse, and precipitated a tidal wave of state legislative proposals to give states authority to regulate immigration. At the same time, however, many state and local police departments assist Immigration and Customs Enforcement ("ICE") with enforcing federal immigration law by means of 287(g) Agreements, the Secure Communities program, and immigration detainers. An immigration detainer, often referred to as an ICE detainer or ICE hold, authorizes state and local police to keep an arrestee for up to forty-eight hours …
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
UC Law Journal
Ever since Brandenburg v. Ohio, departures from content neutrality under the First Amendment have received strict scrutiny. However, in Holder v. Humanitarian Law Project (“HLP”), the Supreme Court decided that the perils of content regulation were less pressing than was the need to curb the human capital of groups, such as Hamas, designated as foreign terrorist organizations (“DFTOs”). As a result, the Court upheld a statute that bars “material support” of terrorist organizations, ruling that the statute bars speech coordinated with DFTOs, including training in negotiation or the use of international law. Some commentators have labeled HLP as heralding a …
Experiential Learning In A Lecture Class Exposing Students To The Skill Of Giving Useful Tax Advice, Heather M. Field
Experiential Learning In A Lecture Class Exposing Students To The Skill Of Giving Useful Tax Advice, Heather M. Field
Faculty Scholarship
No abstract provided.
Uc Hastings College Of The Law Commencement Exercises Class Of 2011, Uc Hastings College Of The Law
Uc Hastings College Of The Law Commencement Exercises Class Of 2011, Uc Hastings College Of The Law
Commencement Exercises
No abstract provided.
Uc Hastings (Spring 2011), Hastings College Of The Law Alumni Association
Uc Hastings (Spring 2011), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Excessive Public Defense Workloads: Are Aba Standards For Criminal Justice Adequate, Norman Lefstein
Excessive Public Defense Workloads: Are Aba Standards For Criminal Justice Adequate, Norman Lefstein
UC Law Constitutional Quarterly
Excessive caseloads among public defenders in the United States is a pervasive national problem, which not only often prevents lawyers from furnishing their clients competent and diligent representation as required by rules of professional conduct but also jeopardizes the quality of justice in criminal and juvenile courts. Although the American Bar Association has addressed the problem in various policy statements, including its Criminal Justice Standards, Professor Lefstein argues that there are still issues that are not adequately covered. Specifically, he argues that the ABA should consider the development of standards that (1) authorize defenders to refuse to provide representation when …
Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay
UC Law SF International Law Review
This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …
Marketplace Of Ideas 2.0: Excluding Viewpoints To Include Individuals, Robert Luther Iii
Marketplace Of Ideas 2.0: Excluding Viewpoints To Include Individuals, Robert Luther Iii
UC Law Constitutional Quarterly
What are the implications of the Christian Legal Society v. Martinez decision? First, in ruling that public universities may require that all recognized student organizations permit any and "all comers" to be eligible for all offices of the organization, the Court issued a narrow rule that is praiseworthy for its clarity but for little else. Second, and on the issue of precedent, it is worth noting that by ratifying Hastings' "all-comers" policy, the Court overlooked numerous precedents and historical facts that recognize the rights of students to associate with those of similar beliefs on campus and free of university-imposed burdens. …
Mentoring For A Public Good, George Kawamoto
Mentoring For A Public Good, George Kawamoto
UC Law SF Journal on Gender and Justice
Even into the 1970s, Asian American attorneys faced significant discrimination and difficulty finding work in law firms. Because of these injustices and a desire to right them, social justice lawyering became a hallmark of that generation of Asian American lawyers. Litigating civil rights violations in cases such as Korematsu v. United States allowed senior Asian American attorneys to mentor a younger generation of lawyers. Although more minority attorneys now are offered work in firms and the appearance of racism has diminished, social justice mentoring remains vital to today's Asian American legal community. Teaming minority law students and young attorneys with …
Christian Legal Society V. Martinez: Six Frames, Toni M. Massaro
Christian Legal Society V. Martinez: Six Frames, Toni M. Massaro
UC Law Constitutional Quarterly
In Christian Legal Society v. Martinez, the United States Supreme Court upheld the Hastings Law School registered student organization ("RSO") policy, which required that all student groups comply with a nondiscrimination condition on RSO status and benefits. Viewing the case as a matter of government benefits, the Court held that the Christian Legal Society ("CLS") was obliged to comply with an "all-comers" condition on access to benefits, despite the burden on CLS members' expressive associational, free speech and religious freedom to organize around religious beliefs. According to the Court, the policy was a reasonable and viewpoint neutral condition on access …
How Equality Constitutes Liberty: The Alignment Of Cls V. Martinez, Julie A. Nice
How Equality Constitutes Liberty: The Alignment Of Cls V. Martinez, Julie A. Nice
UC Law Constitutional Quarterly
Across the constitutional doctrines protecting individual liberty from governmental interference, judicial inquiry often focuses on the unequal infringement of liberty. Many of the most important individual rights have emerged from the synergy between equality and liberty. But the Court has not yet provided any framework for understanding the various ways that liberty and equality interrelate. Neither has any consensus developed around any scholarly attempt to understand the relationship between liberty and equality. Without any grand theory, the search for understanding this important relationship is thus left to induction, as scholars examine one case at a time to glean both specific …
A Civil Right To Counsel Through The States Using California's Efficiency Project As A Model Toward A Civil Gideon, Brian Brophy
A Civil Right To Counsel Through The States Using California's Efficiency Project As A Model Toward A Civil Gideon, Brian Brophy
UC Law Journal of Race and Economic Justice
While the United States Supreme Court's decision in Gideon v. Wainwright guaranteed the right to counsel in criminal trials, the poor are often left without representation in civil cases. These cases can have devastating impacts on the poor's access to housing, welfare benefits, children, and more. In 2009, California passed the Sargent Shriver Civil Counsel Act, which created pilot projects that guarantee access to counsel in civil cases for indigent Californians. This note examines how state legislatures can use California's act as a model to expand access to counsel into the civil context. If state officials are shown the dire …
Mission Creep In Military Lawyering, Elizabeth L. Hillman
Mission Creep In Military Lawyering, Elizabeth L. Hillman
Faculty Scholarship
No abstract provided.