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Articles 181 - 210 of 1018
Full-Text Articles in Entire DC Network
Clash Of The First And Second Amendments: Proposed Regulation Of Armed Protests, Katlyn E. Deboer
Clash Of The First And Second Amendments: Proposed Regulation Of Armed Protests, Katlyn E. Deboer
UC Law Constitutional Quarterly
The United States has strayed far from its traditional use of citizen militias to demand freedom from the British and has taken a deep dive into a practice of flaunting weapons at political protests as a display of bravado to provoke fear, chill opposition, and reap media attention. The recent "Unite The Right" rally in Charlottesville, Virginia, and its resulting violent pandemonium brought the issue of open carry protests to the forefront of public discourse. Armed protesters cling to their First and Second Amendment rights as shields to justify the semiautomatic firearms slung about their backs, but is this faith …
Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory K. Little
Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory K. Little
UC Law Constitutional Quarterly
In the wake of the 2017 Charlottesville protests and the recent revival of "white supremacy" rallies, some constitutional scholars have asserted once again that a "hate speech ban" is unconstitutional under the First Amendment. There are certainly strong policy and historical arguments to oppose such a ban, although the Supreme Court upheld such a ban in 1942 and has never overruled that precedent. The doctrinal objection to such a ban is based on a restrictive adoption of Brandenburg v. Ohio, and a failure to fully explicate the alternative ground for prohibition found in the Supreme Court's repeated definition of "fighting …
Proceed With Caution: Hate Speech Regulation In Japan, Junko Kotani
Proceed With Caution: Hate Speech Regulation In Japan, Junko Kotani
UC Law Constitutional Quarterly
The Diet of Japan enacted the Hate Speech Elimination Act in 2016 amid heated debates over the appropriate role that the government should play in confronting the vulgar racist hate speech that had been permeating the country. The Act, however, does not criminalize or make illegal hate speech and is thus criticized by Professor Craig Martin. This Article argues that while the principles of freedom of speech under the Constitution of Japan may tolerate criminalization of narrowly defined hate speech, one should be cautious in advocating for immediate criminalization of racist hate speech in the country. This Article provides an …
Using Drones To Fight Slavery In The Fields: An Examination Of The Practicality And Constitutionalityof Applying 21st Century Technology To A 21st Century Problem, Claire Wilkens
UC Law Environmental Journal
No abstract provided.
How The Lone Star State's Refusal To Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever, Naomi Strauss
How The Lone Star State's Refusal To Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever, Naomi Strauss
UC Law Constitutional Quarterly
Texas's maternal mortality rates are alarmingly high, reflecting a larger trend across the United States. By analyzing structural and social factors, this Note suggests that increasingly restrictive access to family planning and women's health clinics across Texas has contributed to this public health crisis. Further complicating matters, the limited availability of quality maternal health data makes it hard to disentangle causes and effects. In order to correct this disturbing trend which stands in stark contrast to the rest of the developed world-states should expand Medicaid coverage and access to services for all. California, for example, has implemented programs, which have …
From “Arbitrary” To Arbitration: Using Adr’S Popular Favorite To Resolve Commercial Marijuana Disputes, Madeline G. Landry
From “Arbitrary” To Arbitration: Using Adr’S Popular Favorite To Resolve Commercial Marijuana Disputes, Madeline G. Landry
UC Law Business Journal
No abstract provided.
Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal
Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal
UC Law Journal of Race and Economic Justice
No abstract provided.
The Institutional Design Of Punishment, Aaron J. Rappaport
The Institutional Design Of Punishment, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little
Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little
Faculty Scholarship
No abstract provided.
Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee
Monetizing Shame: Mugshots, Privacy, And The Right To Access, Eumi K. Lee
Faculty Scholarship
No abstract provided.
Sanctuary Networks As Integrative Enforcement, Ming Hsu Chen
Sanctuary Networks As Integrative Enforcement, Ming Hsu Chen
Faculty Scholarship
intended focus is on the widespread response—in cities, churches, campuses, and corporations that together comprise “sanctuary networks”1—to the Trump Administration’s Executive Order 13768 Enhancing Public Safety in the Interior of the United States2 as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagi cement policy with a more integrative flavor.
Leveraging Social Science Expertise In Immigration Policy, Ming Hsu Chen
Leveraging Social Science Expertise In Immigration Policy, Ming Hsu Chen
Faculty Scholarship
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision- making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It …
Establishes A Tax Credit For Homeowners And A Supplemental Tax Credit For Renters In California. Initiative Statute.
Initiatives
Restricts collection of: unpaid state personal income and corporation taxes and other fines, penalties and debt owed to state/local government, and unpaid child support obligations. Reduces vehicle license fee. Reduces or eliminates Department of Motor Vehicles fees and penalties. Requires voter approval of any new or increased fees to Department of Motor Vehicles. Restricts disclosure of arrests or convictions for driving under the influence and limits use of vehicle ignition locks after such convictions. Limits certain information on consumer credit reports and interest on certain consumer loans. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact …
Referendum To Overturn Law Defining State And Local Law-Enforcement Agencies’ Participation In Specified Immigration Enforcement.
Initiatives
If signed by the required number of registered voters and timely filed with the Secretary of State, this petition will place on the statewide ballot a challenge to a state law previously approved by the Legislature and Governor. A majority of voters must then approve the challenged law at the next statewide election before it can take effect. The law limits, subject to considerations to ensure public safety, when state/local law-enforcement agencies may use resources or personnel to assist federal agencies in specified immigration enforcement activities.
Eliminates Recently Enacted Road Repair And Transportation Funding By Repealing Revenues Dedicated For Those Purposes. Requires Any Measure To Enact Certain Vehicle Fuel Taxes And Vehicle Fees Be Submitted To And Approved By The Electorate. Initiative Constitutional Amendment.
Initiatives
Repeals a 2017 transportation law’s tax and fee provisions that pay for repairs and improvements to local roads, state highways, and public transportation. Requires the Legislature to submit any measure enacting specified taxes or fees on gas or diesel fuel, or on the privilege to operate a vehicle on public highways, to the electorate for approval. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced annual state transportation tax revenues of $2.9 billion in 2018-19, increasing to $4.9 billion annually by 2020-21. These revenues would primarily have supported state highway …
Authorizes Bonds To Fund Projects For Drinking Water And Water Quality Improvements, To Reduce Environmental Vulnerability To Climate Change, And For State And Local Parks. Initiative Statute.
Initiatives
Authorizes $7.99 billion in state general obligation bonds for various infrastructure projects in the following general categories: $3.99 billion for safe drinking water and water quality improvements, $2.20 billion to reduce environmental vulnerability to climate change, and $1.8 billion for state and local park improvements. Appropriates money from the General Fund to pay off bonds. Requires certain projects to provide matching funds from non-state sources and gives priority to disadvantaged communities. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: State costs of $15.6 billion to pay off principal ($8 billion
What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder
What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder
UC Law SF Journal on Gender and Justice
The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.
Regulating The Packaged Water Industry In Africa: Challenges And Recommendations, Jessica Vapnek, Ashley R. Williams
Regulating The Packaged Water Industry In Africa: Challenges And Recommendations, Jessica Vapnek, Ashley R. Williams
Faculty Scholarship
No abstract provided.
Board Of Directors Open Meeting 03/03/2017, Uc Hastings Board Of Directors
Board Of Directors Open Meeting 03/03/2017, Uc Hastings Board Of Directors
2017 Board of Directors Agenda and Materials
No abstract provided.
Board Of Directors Meeting - Minutes 03/03/2017, Uc Hastings Board Of Directors
Board Of Directors Meeting - Minutes 03/03/2017, Uc Hastings Board Of Directors
2017 Board of Directors Agenda and Materials
No abstract provided.
Finance Committee Meeting - Minutes 02/09/2017, Uc Hastings Board Of Directors
Finance Committee Meeting - Minutes 02/09/2017, Uc Hastings Board Of Directors
2017 Board of Directors Agenda and Materials
No abstract provided.
Finance Committee Meeting - Packet 02/09/2017, Uc Hastings Board Of Directors
Finance Committee Meeting - Packet 02/09/2017, Uc Hastings Board Of Directors
2017 Board of Directors Agenda and Materials
No abstract provided.
The Second Amendment And The Struggle Over Cryptography, Eric Rice
The Second Amendment And The Struggle Over Cryptography, Eric Rice
UC Law Science and Technology Journal
No abstract provided.
Background Checks And Employment Discrimination: Distant Parallels Between U.S. And Eu Privacy Regimes, Eugene Frid
Background Checks And Employment Discrimination: Distant Parallels Between U.S. And Eu Privacy Regimes, Eugene Frid
UC Law SF International Law Review
In 2012, Halstead Management Company offered Kevin A. Jones a job as a doorman in New York City. After the company requested a criminal background check on Mr. Jones, his offer was rescinded. Although Mr. Jones had no criminal record, Sterling Infosystems, the large company tasked with doing the background check, mixed up his information with the information of Kevin M. Jones, a different man with at least three criminal convictions.
Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma
Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma
UC Law SF Journal on Gender and Justice
The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which …
Johnson V. United States: The Impact On Texas' Habitual Offender Statute, Emily Frances Lynch
Johnson V. United States: The Impact On Texas' Habitual Offender Statute, Emily Frances Lynch
UC Law Constitutional Quarterly
In 2015, the Supreme Court struck down the residual clause of a major federal "habitual offender" statute in Johnson v. United States. The Court determined that combining the ambiguously worded "residual clause" with a pure "categorical approach" for interpreting qualifying crimes violated the notice provision of the Due Process Clause. Additionally, the Court identified an inability to create a clear and consistent standard of application for applying the residual clause as a second independent ground for holding the residual clause unconstitutional. Although the Court's holding specifically applied to a federal sentencing enhancement scheme, the holding is undoubtedly applicable to state …
Trumping Asylum: Criminal Prosecutors For Illegal Entry And Reentry Violate The Rights Of Asylum Seekers, Natasha Arnpriester
Trumping Asylum: Criminal Prosecutors For Illegal Entry And Reentry Violate The Rights Of Asylum Seekers, Natasha Arnpriester
UC Law Constitutional Quarterly
Criminal prosecution for the immigration-related infractions of illegal entry and illegal reentry have escalated dramatically under the Trump Administration, which has made targeting immigrants a top priority. This escalation is happening at a time when the population coming to the U.S. southern border is largely seeking safety from persecution and danger. The United States does not recognize asylum as a defense to illegal entry or illegal reentry, and asylum seekers are not excluded from being charged and criminally prosecuted for these infractions, despite U.S. treaty obligations prohibiting this practice. As a result, people coming to the United States to seek …
The Fragile Victory For Unaccompanied Children's Due Process Rights After Flores V. Sessions, Elizabeth P. Lincoln
The Fragile Victory For Unaccompanied Children's Due Process Rights After Flores V. Sessions, Elizabeth P. Lincoln
UC Law Constitutional Quarterly
In 2017, the Ninth Circuit Court of Appeals found that when the federal government detains an unaccompanied child, that child has the right to request legal review of his or her custody before an immigration judge. In Flores v. Sessions, the court reaffirmed the right, which had been present in the text of the laws governing the treatment of immigrant youth, but had been ignored by executive branch bodies. In its analysis, the court considered the relationship between a twenty-year-old settlement and two acts of Congress that govern the treatment of immigrant youth. The Flores decision affects the lives of …
Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayma
Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayma
Faculty Scholarship
No abstract provided.
Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall
Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall
Faculty Scholarship
No abstract provided.