Digital Commons Network^™

Advocacy Revalued, Geoffrey C. Hazard, Jr., Dana A. Remus

Faculty Scholarship

No abstract provided.

Uc Hastings College Of The Law Commencement Exercises Class Of 2010, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

Rembering Professor Luke W. Cole, 1962-2009, Editor

UC Law Environmental Journal

No abstract provided.

A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin

UC Law SF Communications and Entertainment Journal

This article examines the tension between sensitive national security information and transparency in the federal courts. Although courts are public institutions with long histories of public access, courts also have the power to restrict access to information if it poses a threat to national security. In a variety of contexts, restrictions on access have been justified by mosaic theory-the idea that even apparently innocuous information can be harmful to national security interests if pieced together by a knowledgeable observer, such as a foreign intelligence organization. This article traces the development of mosaic theory in the federal courts, and argues that …

Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger

UC Law SF Journal on Gender and Justice

This Note will first discuss the social factors that make accessing retirement and support services problematic for lesbian and gay elders, such as ageism in the gay and lesbian community and heterosexual-focused retirement institutions. Part II will investigate how federal law and policy affects lesbian and gay elders' ability to obtain health care benefits and save for retirement. Part III will examine state and municipal solutions for same-sex couples, in the face of federal discrimination. Part IV will illustrate the necessity of acquiring an attorney because of the challenges in preparing for a lesbian or gay elder's incompetence, and the …

A Crumbling Pyramid: How The Evolving Jurisprudence Defining Employee Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink

UC Law Business Journal

Under the Age Discrimination in Employment Act, as well as other federal anti-discrimination laws, only "employees" as defined by the statute are permitted to sue. In recent years, the U.S. Supreme Court and lower courts have provided guidance regarding when partners in large law firms might be deemed "employees" protected by these laws. What has emerged from the courts' decisions in these cases is a test that places significant emphasis on the amount of power and control that a partner has within a firm: Partners deemed to lack a sufficient amount of power and control within their firms may be …

Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh

UC Law Business Journal

This study tests Marc Galanter's theory in his work entitled Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change. In his article, Galanter argues that classes of litigants with the greatest resources and the lowest relative risk in litigation have the highest rates of success in court. Galanter explains his theory by categorizing litigants as either repeat players or oneshotters. Repeat players consist of litigants who generally have the most resources and the lowest relative risk, and one-shotters consist of litigants who generally have the least resources and the greatest relative risk. To test his theory, …

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Luke Cole, Brian E. Gray

Faculty Scholarship

No abstract provided.

The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee

Faculty Scholarship

No abstract provided.

Changes Laws Governing Ballot Measures. Initiative Constitutional Amendment

Initiatives

Changes the process which governs how initiative and referendum measures qualify for placement on the ballot. Requires the State to provide legal services to help proponents draft ballot measures. Requires proponents of measures to disclose the identity of large financial donors. Allows proponents of measures more time to gather voter signatures necessary to qualify measures for placement on the ballot. Permits urgency and tax levy statutes passed by Legislature to be challenged by voter referendum. Prohibits Legislature from amending or repealing laws passed by voter referendum. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on …

Hastings (Fall 2009), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

'Once Upon A Time, In A Land Far, Far Away...' Lawyers And Clients Telling Stories About Ethics (And Everything Else), Carolyn Grose

UC Law SF Journal on Gender and Justice

Framed by an analysis of two particular ethical rules and their application to specific situations, this piece uses the metaphor of storytelling to explore the lawyer's role as an effective and ethical client representative. Drawing from the experiences of two sets of clients and their lawyers, the piece proposes an approach to ethical regulation (as one component of the lawyer-client relationship) that requires the lawyer to engage in a deeply contextual analysis of the specific and particular ethical conflicts presented to him in any particular case; and work with his client to determine how to resolve those conflicts.

See No Evil: Applying A Labor Lens To Prostitute Organizing, Monica R. Moukalif

UC Law SF Journal on Gender and Justice

This Note examines labor organizing efforts of marginalized labor and, based on that examination, formulates a theory of what the author call "margins-organizing." It then applies that theory to the labor organizing efforts of sex workers. It argues that whatever one's feelings are about sex work itself, the separate work of labor organizing is as similar to and as valid as that of other marginalized workers. The hope is that by bringing sex workers within the margins-organizing lens, that group will be better able to form ties with, learn from, and teach other marginalized labor groups. Part I introduces the …

Uc Hastings College Of The Law Commencement Exercises Class Of 2009, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

Hastings (Spring 2009), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

The Importance Of Teaching Law And The Reinforcement Of The Judiciary System In Haiti, Jomanas Eustache

UC Law SF International Law Review

This article is a reflection on the inseparable binome "Law and Justice." The concepts of Law and Justice are so intertwined that the absence or weakness of either can lead to impunity and finally to a lack of peace in society. Unfortunately, some behavior, misconduct, or practices, are mainly facilitated by the malfunction of the judicial system. This can be seen all too clearly in the situation in Haiti. This article highlights the urgency of the situation and the need for all interested sectors and individuals to act swiftly, legally, and with firmness to ensure and strengthen the basis of …

Cgrs Annual Report 2009, Uc Hastings Center For Gender & Refugee Studies

Center for Gender & Refugee Studies

No abstract provided.

How Far Should The Pto Regulate Business Relationships Of Patent Practitioners, Kenneth R. Shurtz

UC Law Business Journal

The PTO Code of Professional Responsibility regulates the conduct of patent practitioners to ensure the integrity of the practice and protect client's interests. While patent agents and patent attorneys must both abide by the PTO Code, patent attorneys must also adhere to the Rules of Professional Conduct of the state in which they practice. Periodically, conflicts between the PTO Code and state ethics rules or uncertainties within the PTO Code have an adverse affect on the business practices of patent attorneys. These business practices include client engagement, disclosures to the client, partnerships and fee arrangements. This article examines the practical …

Beware Of Risk Everywhere: An Important Lesson From The Current Credit Crisis, Michael C. Macchiarola

UC Law Business Journal

Our current credit crisis is a result of the misunderstanding and mismanagement of risk. Exploring the tradeoff between risk and reward has been at the heart of the modem financial theories that have come to dominate our markets. As the capital markets introduced more and more complexity and innovation, most expected that the study of risk management and risk allocation was keeping pace, ensuring our ability to control and limit risk while maximizing reward.

In this Article, the author addresses some of the fundamental misunderstandings of risk that have become deeply ingrained in our markets and have brought about the …

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

UC Law Journal of Race and Economic Justice

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral. …

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

UC Law Journal of Race and Economic Justice

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language of …

"Death Is Different" And A Refugee's Right To Counsel, John Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Faculty Scholarship

No abstract provided.

The Electronic Lawyer, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

The Challenge Of Democratic Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

Hastings (Fall 2008), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Untangling Tenth Amendment Standing: Why Private Parties Cannot Enforce The Federal Structure, David M. Palmer

UC Law Constitutional Quarterly

In the last thirty years, the Tenth Amendment has experienced a resurgence as an independent check on the powers of the federal government. This newfound interest in the meaning and power of the Tenth Amendment has inevitably led to the question: Who may bring a Tenth Amendment claim? As the Tenth Amendment concerns the relationship between states and the federal government, states, not private parties, have traditionally acted as plaintiffs in suits against federal government incursion. However, the Seventh and Eleventh Circuit Courts of Appeals have, in a series of cases beginning twenty-five years ago, expressly permitted private parties to …

Cgrs Annual Report 2008, Uc Hastings Center For Gender & Refugee Studies

Center for Gender & Refugee Studies

No abstract provided.

New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson

UC Law SF International Law Review

This report for the International Association of Procedural Law examines the impact of new technologies on the litigation process in six countries: The United States, Australia, Israel, Singapore, England and Wales, and Canada. Drawing on national reports from each of these countries, it considers: how new technologies are re-shaping the ways that we record and store information in the litigation process; the ways that the participants in the process communicate with one another; and the ways in which the case record or file is developed. It also considers whether new technologies are making the litigation process more efficient, more accessible …