Digital Commons Network^™

Aligning Or Maligning - Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum

UC Law SF Journal on Gender and Justice

The pending reauthorization of the Individuals with Disabilities Education Act (IDEA) alters the landscape of special education for parents and advocates of children with special needs. The proposed modifications are based on an effort to reduce the bureaucracy associated with the current procedural safeguards and to incorporate the concept of accountability embodied in the No Child Left Behind Act. Many advocates are waiting with apprehension for the final version of the bill due to the philosophical changes that it will bring to special education federal law. This article gives an overview of the pending legislation and urges advocates to adapt …

Lighting The Lantern: Visions Of A Virtual All-Women's Law School, Nancy E. Shurtz

UC Law SF Journal on Gender and Justice

"Lighting the Lantern: Visions of a Virtual All-Women's Law School" is a fictional narrative of a hypothetical all women's law school. It is written in non-traditional form in the hope that it will prompt the reader to view the law, academic institutions and societal constructs in ways more consistent with an evolving society that should embrace all differences, whether those differences are gender or racially based.

The mission of the All Women's Law School is threefold: "First, to teach specific lawyering skills and disseminate knowledge in a context designed to help students function effectively in the existing culture while working …

A Hometown Dilemma: Addressing Th E Sexual Harassment Of Undocumented Women In Meatpacking Plants In Iowa And Nebraska, Amanda Clark

UC Law SF Journal on Gender and Justice

Sexual harassment of undocumented women workers continues to be a systemic problem within the meatpacking industry. In Iowa and Nebraska, the state legislature, the Equal Employment Opportunity Commission, labor unions, and local advocacy organizations are working to address the problem of sexual harassment within the meatpacking industry. This note addresses the ongoing issues facing women in the meatpacking industry in Iowa and Nebraska, in particular the unique concerns facing undocumented and immigrant women workers. It also looks to the Supreme Court holding in Hoffman Plastic Compounds, Inc. v. NLRB to determine the applicability of that case to Title VII sexual …

Fruits, Nuts, Cigarettes, And The Right To Remain Silent, Christine Esperanza

UC Law Constitutional Quarterly

The First Amendment not only protects against limitations on one's speech but against governmentally compelled speech as well. Although the Supreme Court afforded increasing protection to commercial speech, a majority later held that an analysis of compelled advertising in this context did not raise First Amendment issues. In United States v. United Foods. No. 00276 (June 25, 2001), the United States Supreme Court revisited this issue, holding that "the mandated support is contrary to the First Amendment principles set forth in cases involving expression by groups which include persons who object to speech, but who, nevertheless, must remain members of …

In Search Of Gideon's Promise: Lessons From England And The Need For Federal Help, Norman Lefstein

UC Law Journal

A significant national problem is the enduring widespread crisis in providing adequate legal representation for indigent defendants in state criminal prosecutions. Insufficient funding and lack of oversight undermines the quality of public defense delivery systems while constantly risking the conviction of innocent persons. Thus, the Constitution's promise of counsel, first recognized in 1963 by the U.S. Supreme Court in Gideon v. Wainwright, remains unfulfilled. This Article, which draws upon an in-depth study of English criminal legal aid, focuses on sources of funding, selection of counsel by the client, and programs to monitor the quality of representation. Comparing the current American …

"Bread For The Poor": Access To Justice And The Rights Of The Needy In India, Marc Galanter, Jayanth K. Krishnan

UC Law Journal

India's courts suffer from enormous backlogs. To remedy this, Indian politicians and judges have been promoting various reforms, including alternative forms that would dispose of cases more quickly. One forum in particular, the Lok Adalat or people's court, has been promoted with special fervor for nearly two decades. The Lok Adalat has been widely trumpeted as a success by its proponents, but very little information is available on the workings of this institution. This study is a preliminary empirical assessment of several sorts of Lok Adalats. These Lok Adalats exhibit great variation in how they function. We find that their …

Who Gets In? The Quest For Diversity After Grutter, Frank H. Wu

Faculty Scholarship

No abstract provided.

Hastings Community (Autumn 2003), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Uc Hastings College Of The Law Commencement Exercises Class Of 2003, Uc Hastings College Of The Law

Commencement Exercises

No abstract provided.

Hastings Community (Winter 2002-03), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

The Predicament Of The Immigrant Victim/Defendant: "Vawa Diversion" And Other Considerations In Support Of Battered Women, Zelda B. Harris

UC Law SF Journal on Gender and Justice

While the struggle to combat domestic violence has made many gains over the last thirty years, some low-income women of color have been left behind. Mandatory misdemeanor domestic violence prosecution policies are periodically used against the victims of domestic violence. Particularly in the case of immigrant victim/defendants, arrest, prosecution, or conviction for a domestic violence misdemeanor at the command of rigid mandatory arrest and prosecution laws can result in significant unintended consequences, including increasing a batterer's power and control over the victim. This article examines those consequences in the context of southern Arizona. Discretionary prosecution policies, referral to immigration and …

Battered By The System: How Advocates Against Domestic Violence Have Improved Victims' Access To Child Support And Tanf, Naomi Stern

UC Law SF Journal on Gender and Justice

For low-income women and their children who are survivors of domestic violence, the political and legal landscape at the federal level worsened with the enactment of the 1996 Welfare Act. Among many other changes, the Act increased penalties for mothers who fail to cooperate with their respective states in states' efforts to obtain child support from their children's father. As a result, many victims of domestic violence who seek child support and who are leaving their abusers often must choose between poverty and increased violence at their abusers' hands. The voices of state and local advocates against domestic violence are …

Admissions Of A Director, Sarah C. Zearfoss

UC Law Constitutional Quarterly

The admissions process at one of the nation's most prestigious law schools is as much art as it is science. Sarah Zearfoss, Director of Admissions and Assistant Dean at the University of Michigan Law School, offers a firsthand account of the school's admissions program. In the process she answers the commonly asked question, just what do admissions committees take into account when they review an application? She describes the Law School's admissions program from a functional point of view, and explains why the concept of diversity embodies far more than race. She also refutes Justice Rehnquist's analysis in dissent in …

Officer, Where's My Stuff - The Constitutional Implications Of A De Facto Property Disability For Homeless People, Kevin Bundy

UC Law Journal of Race and Economic Justice

As municipalities across the nation employ increasingly aggressive anti-homeless policies, homeless people are suffering seizure and destruction of their personal belongings without due process or compensation. Courts generally have not proven receptive to homeless people's claims based on loss of personal property, in some instances refusing to recognize that the homeless can exercise any legally protected property interest at all. Homeless existence itself-a lack of private, defensible space in which to perform basic life functions and secure ownership over personal belongings-leaves homeless people with no legally sanctioned place in which to dwell, and exposes them to arbitrary deprivations of whatever …

Seeking Justice, Preserving Liberty, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

A Proposed Right Of Conscience For Government Attorneys, Ralph Nader, Alan Hirsch

UC Law Journal

Government lawyers may be discharged for failing to carry out an assignment that violates their conscience or their conception of the Constitution. This is regrettable, especially given the special role of the government lawyer as an officer of the court committed to the public interest. Drawing on a wide range of analogies involving lawyers and non-lawyers, public and private employees, and citizens outside of the workplace, the authors argue that recognizing a right to conscience for government lawyers would in no way compromise the effective functioning of the government. They propose specific statutory language, as well as a canon of …

Where Involuntary Commitment, Civil Liberties, And The Right To Mental Health Care Collide: An Overview Of California's Mental Illness System, Meredith Karasch

UC Law Journal

This Note provides an overview of California's mental health care system. It discusses the history of the civil liberty movement as it pertains to mental health care and its impact on the current system. The Note argues that the present system is inadequate because of the obstacles to obtaining treatment and, when it is available, the poor quality of mental health care. This Note also explores the societal consequences of the current system and offers some alternatives.

This Note does not argue for confinement without cause or without safeguards. Rather, in an effort to throw some light on a very …

Seeking Justice, Preserving Liberty, Geoffrey C. Hazard Jr.

UC Law Journal

At the annual Jerome Hall Lecture, presented at the Hastings College of Law on September 19, 2002, Professor Hazard explored the concepts behind the American Bar Association's watchword "ABA Defending Liberty, Pursuing Justice" as it relates to the professional activities in which a large percentage of lawyers are regularly and actively engaged. Professor Hazard contends that although the watchword denotes lofty goals, the concepts of seeking justice and preserving liberty are not inconsistent with fee-forservice representation of ordinary individuals in their business matters. Approximately half of the practicing bar is engaged in the representation of business interests, including for-profit business, …

Looking Back At The Lawyering Process, Beatrice A. Moulton

Faculty Scholarship

No abstract provided.

Five Who Got It Right, Richard Zitrin

Faculty Scholarship

No abstract provided.

Hastings Community (Autumn 2002), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.33 No.1, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Death Through Administrative Indifference: The Prison Litigation Reform Act Allows Women To Die In California's Substandard Prison Health Care System, Amy Pétre Hill

UC Law SF Journal on Gender and Justice

California's prison system, the nation's largest, developed a health care policy that is deliberately indifferent to the medical needs of women while still spending significantly more per prisoner for health care than other large states. However, the Prison Litigation Reform Act of 1996 interacts with California's prison administrative law to prevent women inmates from seeking emergency injunctive relief from the federal courts. Legal and legislative tools can be used at the federal and state level for short- and long-term reform of the California Department of Correction's health care system to stop the needless deaths of California's female inmates. Ultimately, courts …

Hastings Community (Spring 2002), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Community (Winter 2001-02), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

The Digital Divide And Equal Access To Justice, Mark Lloyd

UC Law SF Communications and Entertainment Journal

This article begins by considering the problem of equal access to justice between those with access to communication technology and those without. It then goes on to challenge the current market-centered technology by exploring some of the dangers and limits of new communications technology as a corrective to a problem that has long divided rich and poor, a problem that defines the degree to which we can truly call ourselves a civilization, and the real and important opportunities made possible by new technologies.

Increased Demand Resulting In The Flourishing Recruitment And Trafficking Of Women And Girls: Related Child Sexual Abuse And Violence Against Women, Norma Hotaling, Leslie Levitas-Martin

UC Law SF Journal on Gender and Justice

The Standing Against Global Exploitation Project, Inc. ("SAGE") is organized by and for survivors of abuse, prostitution and trauma. Most of the staff have prior criminal histories, are recovering from severe drug addictions, and were formerly homeless. The staff at SAGE includes peer counselors, drug treatment counselors, therapists, acupuncturists, social workers, therapist interns, and volunteers. Within SAGE's programs, over 350 women and girls receive counseling and other services each week. Through advocacy, education programs, and direct services, SAGE raises public awareness concerning the sexual exploitation and trafficking of women and girls, as well as many other related issues for this …

Preface (Symposium Teaching Values In Law School), Richard Zitrin

Faculty Scholarship

No abstract provided.

Welfare Benefits For Children. Eligibility. Work, Residency Conditions. Service For Childless Adults. Initiative Statute

Initiatives

WELFARE BENEFITS FOR CHILDREN. ELIGIBILITY. WORK, RESIDENCY CONDITIONS. SERVICE FOR CHILDLESS ADULTS. INITIATIVE STATUTE. Requires that adult parents and guardians receiving benefits for dependent children work 32 hours per week for pay or serve qualified, unrelated, childless retirees or working adults. Establishes public registry of welfare participants. Limits benefits. Restricts eligibility. Denies benefits to non-California residents; provides criminal penalties for violations. Establishes public record of benefits and services provided by child-welfare benefit programs, with actual market values. Requires children to reside within county providing benefits. Permits qualified childless rental property owners to claim losses attributable to rent control. Summary of …

Hastings Community (Spring 2001), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.