Digital Commons Network^™

The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez

UC Law SF Journal on Gender and Justice

In 2004, the Indiana Supreme Court Race and Gender Commission undertook a large survey of lawyers' perceptions about women in the legal profession in order to assess which areas of gender bias have improved and which areas could stand improvement. This Article takes the data from this survey and interprets its significance for women in the profession and for the justice system overall. The Article compares the findings from the 2004 study of Indiana lawyers to the findings of a similar earlier Indiana study (conducted in 1990), and draws conclusions regarding the overall occurrence of gender bias in Indiana along …

Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa

UC Law SF Journal on Gender and Justice

This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural …

Because We Say So: The Unfortunate Denial Of Rights To Transgender Minors Regarding Transitions, Amanda Kennedy

UC Law SF Journal on Gender and Justice

This Note explores the barriers that transgender youth face when attempting to explore transition through counseling or medical treatment. The Note first addresses barriers facing the transgender community generally, including cost of transition, social hurdles, and psychological factors. The Note then addresses the legal ramifications of three different situations: (1) when parents agree with their child's choice to explore transition; (2) when parents disagree with each other about their child's choice; and (3) when both parents oppose their child's transition. Finally, the Note addresses Constitutional and policy arguments in support of transgender youth.

The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller

UC Law Journal of Race and Economic Justice

In November of 2002 San Francisco voters approved Proposition N, titled Care Not Cash, with the intent that it would reduce homelessness and improve the health and welfare of homeless persons receiving General Assistance. This note examines the effectiveness of Care Not Cash in combating homelessness and in achieving its promise of services and aid with the curtailment of General Assistance. In evaluating Care Not Cash's effectiveness, the author reviews homeless assistance programs employed by cities and municipalities throughout the United States. Additionally, the author explores alternative homeless outreach programs currently existent in San Francisco which have been effective in …

The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey

UC Law SF International Law Review

Each year, hundreds innocent children are abducted from their homes and taken to foreign countries - victims of international parental abduction. In 1980, the U.N. developed The Hague Convention on Civil Aspects of International Childhood Abduction in order to protect children from wrongful international abduction, and to ensure that abducted children are safely returned to their homes. Although scholars laud the Convention as being generally effective, perverse results sometimes arise in the U.S., where courts are struggling to interpret the Convention's provisions so that they do not harm victims of domestic violence. This note suggests a novel way to improve …

Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross

UC Law SF Journal on Gender and Justice

Domestic violence survivors are victimized a second time when they are refused available housing or evicted from their homes because of the domestic violence committed against them. Although allowing a domestic violence survivor to remain on the property may, in certain rare incidents, pose a threat to other tenants, evicting the survivor is an extreme measure, and is unjust. This Note discusses the potential liabilities that may arise against landlords who rent to domestic violence survivors and show why such liabilities do not warrant discrimination. This Note further examines the inadequacy of state and federal laws in protecting domestic violence …

Tough Love: Should We Analyze Federal Emergencymanagement Agency Disaster Planning Under The National Environmental Policy Act?, Katherine Hausrath

UC Law Environmental Journal

No abstract provided.

Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris

UC Law Journal of Race and Economic Justice

Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …

"Rum, Sodomy, And The Lash" What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Elizabeth L. Hillman, Sharra E. Greer, Warrington S. Parker Iii, Diane H. Mazur

Faculty Scholarship

No abstract provided.

Hastings Community (Autumn 2006), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

UC Law Journal

Two years ago, on the fortieth anniversary of Gideon v. Wainwright, the Constitution Project and the National Legal Aid & Defender Association formed a partnership-funded by several organizations -to consider the way in which the Sixth Amendment right to counsel actually functions in criminal cases throughout the United States. The concept was to create a truly national committee with participants from every relevant sector of the criminal justice system, which would conduct research throughout our country, advise our fellow citizens on the matter, and construct recommendations for reform. The authors serve as Reporters to the Committee.

The national research took …

A Minor Conundrum: Contracting With Minors In Canada For Film And Television Producers, Bob Tarantino

UC Law SF Communications and Entertainment Journal

Concerns surrounding the enforcement of a contract with minors have plagued the entertainment industry, particularly in the areas of film and television. Amidst a confusing hodgepodge of laws, various North American jurisdictions have responded with a series of judicial decisions and legislative initiatives. These changes have increased marketplace certainty for the benefit of film producers and the minors with which they do business. The Canadian province of Ontario, however, remains without the benefit of such a regime of laws, creating uncertainty in Ontario's film and television marketplace. If Ontario wishes to develop as a major film and television production center, …

At The Intersection Of Comic Books And Third World Working Conditions: Is It Time To Re-Examine The Role Of Commercial Interests In The Regulation Of Expression, David Kohler

UC Law SF Communications and Entertainment Journal

This article examines how a speaker's commercial interests factor into evaluating First Amendment protection. The author criticizes the current state of the law in the United States, which forces courts to draw categorical distinctions between commercial and noncommercial speech which are largely artificial, unwieldy, and likely unworkable. The article suggests a new approach that largely jettisons any attempt to draw broad categorical distinctions based on the underlying commercial motivation for communication and, instead, evaluates such expression in the same way that other kinds of fully protected speech are evaluated.

Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons

UC Law Journal of Race and Economic Justice

No abstract provided.

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

UC Law Journal of Race and Economic Justice

No abstract provided.

Immigration Panel, Richard A. Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons, Bill Ong Hing

Faculty Scholarship

No abstract provided.

Electronic Research In State Prisons, Camilla Tubbs

Faculty Scholarship

No abstract provided.

Hastings Community (Winter 2005), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Cgrs Annual Report 2005, Uc Hastings Center For Gender & Refugee Studies

Center for Gender & Refugee Studies

No abstract provided.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers' Rights In The United States, Connie De La Vega, Conchita Lozano-Batista

UC Law Journal of Race and Economic Justice

As the economic gap between rich and poor countries continues to grow, those living in poor countries migrate to richer countries to survive. Migrants who succeed in completing the journey to receiving countries are often subjected to human rights violations in the workplace. More particularly, the human rights violations encompass violations of the right to organize in order to be free from exploitative conditions, the right to equality before the law, and the right to legal recourse. This article will provide migrant rights advocates in the U.S. with international legal standards that can be used to address domestic human rights …

Disclosure Of Social Security Numbers, Confidential Information. Unfair Competition Actions. Telemarketing. Initiative Statute.

Initiatives

DISCLOSURE OF SOCIAL SECURITY NUMBERS, CONFIDENTIAL INFORMATION. UNFAIR COMPETITION ACTIONS. TELEMARKETING. INITIATIVE STATUTE. Prohibits businesses from disclosing consumers' social security numbers and confidential information except as specified. Allows identity theft victims to recover treble damages. Authorizes unfair competition actions to remedy violations of this measure and constitutional right of privacy; increases time to file such actions. Provides recovered monies be used to remedy harm, to prevent/redress such practices, or by court-approved fund for specified purposes. Allows remaining monies and civil penalties to be used for any purpose. Prohibits telemarketing calls from 5:00 p.m. to &:00 a.m. next day. Summary of …

Disclosure Of Social Security Numbers. Identity Theft Remedies. Unfair Competition Actions. Telemarketing Calls.Initiative Statute.

Initiatives

DISCLOSURE OF SOCIAL SECURITY NUMBERS. IDENTITY THEFT REMEDIES. UNFAIR COMPETITION ACTIONS. TELEMARKETING CALLS. INITIATIVE STATUTE. Prohibits businesses from disclosing consumers' social security numbers except as specified. Allows identity theft victims to recover treble damages. Authorizes unfair competition actions to remedy violations of this measure and constitutional right of privacy. Requires that monies obtained from unfair business practices be used to remedy harm, to prevent/redress unfair business practices, or by court-approved fund for other specified purposes. Allows remaining monies and civil penalties to be used for any purpose. Prohibits telemarketing calls from 5:00 p.m. to 8:00 a.m. next day. Summary of …

Disclosure Of Social Security Numbers. Unfair Competition Actions. Initiative Statute.

Initiatives

DISCLOSURE OF SOCIAL SECURITY NUMBERS. UNFAIR COMPETITION ACTIONS. INITIATIVE STATUTE. Prohibits businesses from disclosing consumer social security numbers for profit. Allows disclosure of social security number with consumer's express permission, to complete an authorized financial transaction or as required or permitted by federal law. Authorizes unfair competition actions to remedy violations of this measure and constitutional right of privacy. Requires that monies obtained from unfair business practices be used to remedy harm, to prevent/redress unfair business practices, or by court-approved fund for specified purposes. Allows any remaining monies and all civil penalties to be used for any purpose. Summary of …

Social Security Numbers. Disclosure. Identity Theft Remedies. Unfair Competition Actions. Telemarketing Calls. Initiative Statute.

Initiatives

SOCIAL SECURITY NUMBERS. DISCLOSURE. IDENTITY THEFT REMEDIES. UNFAIR COMPETITION ACTIONS. TELEMARKETING CALLS. INITIATIVE STATUTE. Prohibits businesses from disclosing consumers' social security numbers except as specified. Allows identity theft victims to recover treble damages from businesses. Authorizes unfair competition actions to remedy violations of this measure and constitutional right of privacy. Provides monies obtained from unfair business practices to be used to remedy harm, to prevent or redress unfair business practices, or by court-approved fund for other specified purposes; allows any remaining monies to be used for any purpose. Prohibits telemarketing calls from 5:00 p.m. to 8:00 a.m. next day. Summary …

Disclosure Of Consumer Confidential Information And Social Security Numbers. Unfair Competition Actions. Telemarketing Calls. Initiative Statute.

Initiatives

DISCLOSURE OF CONSUMER CONFIDENTIAL INFORMATION AND SOCIAL SECURITY NUMBERS. UNFAIR COMPETITION ACTIONS. TELEMARKETING CALLS. INITIA TIVE STATUTE. Prohibits businesses from disclosing consumer social security numbers and confidential information except as specified. Authorized unfair competition action to remedy violations of this measure and constitutional right of privacy. Requires that monies obtained from unfair business practices be used to remedy harm, to prevent or redress unfair business practices, or by court-approved fund for other specified purposes. Allows any remaining monies and all civil penalties to be used for any purpose. Prohibits telemarketing calls from 5:00 p.m. to 8:00 a.m. next day. Summary …

When Congress Gives You Lemons: Alternatives To Legal Services Corporation Funding In The Quest To Provide Access To Justice, David Pai

UC Law Journal of Race and Economic Justice

Since 1996, Congress has imposed substantial restrictions on lawyers funded by the Legal Services Corporation (LSC). These restrictions include banning LSC-funded attorneys from filing class action lawsuits, prohibiting them from claiming any statutory right to attorneys' fees, and barring them from bringing any challenges to an agency's rule-making authority. Congress has also slashed the LSC budget by a third. However, alternative funding strategies do exist for states and public interest firms seeking to fill gaps gouged by the LSC restrictions. By focusing on these piecemeal changes in fundraising, legal aid attorneys inevitably empower themselves to move away from the inefficiencies …