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Campus Housing Finance Authority Board Of Directors Meeting - Open Session Packet 02/01/2023, Uc Hastings Board Of Directors

2023 Board of Directors Agenda and Materials

No abstract provided.

Immigration Law’S Boundary Problem: Determining The Scope Of Executive Discretion, Peter Margulies

UC Law Journal

In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and protective discretion, which safeguards noncitizens’ reliance interests. Moreover, courts have long discerned an internal-external divide in discretion, deferring to executive measures that exclude noncitizens abroad, while reducing deference for measures concerning noncitizens who have already entered the United States. Immigration law needs a cohesive framework for executive discretion. This Article suggests a stewardship model to fill that gap.

Recent developments have emphasized the need for a coherent model of discretion. The Trump Administration …

When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi

UC Law Journal

The dire state of the prison population in the United States has become common knowledge both at home and abroad. Mass incarceration in the United States has been caused by nearly four decades of retributive criminal justice policies that do little to reduce crime. This mass incarceration imposes a multitude of costs on American society, both financially and socially. Furthermore, congressional goals to reduce crime rates are necessarily undermined by punitive policies at the federal level. The history of California’s penal system during the same time frame parallels the federal history. Yet in 2017, California began to remedy this history …

Deepfakes On Trial: A Call To Expand The Trial Judge’S Gatekeeping Role To Protect Legal Proceedings From Technological Fakery, Rebecca A. Delfino

UC Law Journal

Deepfakes—audiovisual recordings created using artificial intelligence (AI) technology to believably map one person’s movements and words onto another—are ubiquitous. They have permeated societal and civic spaces from entertainment, news, and social media to politics. And now deepfakes are invading the courts, threatening our justice system’s truth-seeking function. Ways deepfakes could infect a court proceeding run the gamut and include parties fabricating evidence to win a civil action, government actors wrongfully securing criminal convictions, and lawyers purposely exploiting a lay jury’s suspicions about evidence. As deepfake technology improves and it becomes harder to tell what is real, juries may start questioning …

Racialization Of Street Vendors: The Criminalization Of Ethnic Minority Workers In California, Khushpreet Choumwer

UC Law SF Journal on Gender and Justice

No abstract provided.

Women & Whistleblowing, Mary Saade

UC Law SF Journal on Gender and Justice

As more women in the United States take on leadership positions in the public and private sector, we have seen an influx of women whistleblowers. This Note examines whistleblower laws through a gender lens and offers insight to reveal why women blow the whistle, how women approach whistleblowing situations, and the effect current whistleblower laws have on women in the workforce.

This Note is divided into five parts. Part I includes an introduction and discusses competing definitions of whistleblower. Part II explores society’s differing perception of men and women whistleblowers and what may motivate women to report wrongdoings. Part III …

Carceral Control: A Nationwide Survey Of Criminal Court Supervision Rules, Kate Weisburd

Faculty Scholarship

The day-to-day operation of criminal court supervision—including probation, parole, and electronic ankle monitoring—is understudied and undertheorized. To better understand the mechanics of these systems, this study comprehensively analyzes the rules governing people on criminal court supervision in the United States. Drawing on the analysis of 187 public records from all fifty states, this study documents how criminal court supervision functions and impacts daily life. In particular, this study examines the various ways that supervision rules limit or restrict privacy, bodily autonomy, liberty, dignity, speech, and financial independence. This study also explores the nature and prevalence of supervision rules across the …

Community Energy Exit, Sharon Jacobs, Dave Owen

Faculty Scholarship

Communities across the United States are taking advantage of new technologies and governance forms to assert greater control over their energy systems. For decades, energy provision throughout much of the nation was heavily centralized. Even where market-oriented reforms emerged, most consumers had little ability to take advantage of the changes. But resurgent interest in municipal takeover of energy systems, alongside new phenomena such as community choice aggregation and microgrid construction, are making what we call “community energy exit” a reality. Popular and academic commentators have hailed these developments as key steps toward decarbonization, social justice, and energy democracy. This Article …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Community Energy Exit, Dave Owen, Sharon Jacobs

Faculty Scholarship

No abstract provided.

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia Gonzalez, Mara Schiff

Faculty Scholarship

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Rights Violations As Punishment, Kate Weisburd

Faculty Scholarship

Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights—such as the rights to marry, bear children, worship, consult a lawyer, and protest—be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not “cruel and unusual” under the Eighth Amendment? On one hand, such state intrusion on fundamental rights would seem unconstitutional. On the other hand, such intrusions are often less harsh than the restriction of rights inherent in prison. If a judge can sentence someone to life in prison, how can a judge not …

Board Of Directors Quarterly Meeting - Open Session Packet 12/02/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 11/17/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Special Board Of Directors Quarterly Meeting - Open Session Packet 10/25/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Subcommittee On Audit Meeting – Open Session Packet 10/18/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 08/25/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Immigration Judge Independence Under Attack: A Call To Re-Evaluate The Current Method Of Ij Appointment And Create A Separate Immigration Court System, Nicole Sequeira Tashovski

UC Law Journal of Race and Economic Justice

No abstract provided.

Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris

UC Law Constitutional Quarterly

“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …

Cop-“Like”: The First Amendment, Criminal Procedure, And The Regulation Of Police Social Media Speech, Jonathan Abel

Faculty Scholarship

What happens when a law-enforcement officer makes an offensive comment on social media? Increasingly, police departments, prosecutors, courts, and the public have been confronted with the legal and normative questions resulting from officers’ racist, sexist, and violent social media comments. On one side are calls for severe discipline and termination. On the other are demands that officers be permitted to express their views without fear of retaliation. The regulation of police social media speech has been largely conceived of in First Amendment terms. But because an officer’s comments affect her ability to testify, criminal procedure is also employed in regulating …

Finance Committee Meeting - Open Session Packet 02/17/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Saving The Sinking Ship: How The United States Can Create An Effective Content Moderation Policy By Looking Abroad, Zhi Yang Tan

UC Law Journal

Each day, the world creates another 2.5 quintillion bytes of data, with most of it being accessible by the average person through the smartphone they carry in their pocket. That data may often take the form of informative new articles or funny cat videos, but also hidden within that sea of information is content designed for more malicious purposes. While much of the world, and especially the U.S., has historically taken a laissez-faire approach to moderating online content, such an approach is quickly becoming outdated and ineffective as more people are exposed to disinformation or hate speech online, which can …

Taking Stock: Open Questions And Unfinished Business Under The Vawa Amendments To The Indian Civil Rights Act, Jordan Gross

UC Law Journal

The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in their courts, caps their sentencing authority, and defines their criminal jurisdiction.

Some parts of Indian country are the most dangerous places in the United States today, particularly for indigenous women and girls. They are exposed to a higher level of personal violence than any …

Health Law: Vaccine Mandates And Religion, Dorit Reiss

The Judges' Book

No abstract provided.

Punitive Surveillance, Kate Weisburd

Faculty Scholarship

Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone tracking, and suspicionless searches of electronic devices—is often touted as a humane substitute for incarceration. This type of monitoring, which I term “punitive surveillance,” allows government officials, law enforcement, and for-profit companies to track, record, search, and analyze the location, biometric data, and other meta-data of thousands of people on probation and parole. With virtually no legal oversight or restraint, punitive surveillance deprives people …

New Originalism: Arizona's Founding Progressives On Extreme Punishment, John Mills, Aliya Sternstein

Faculty Scholarship

Originalism, together with textualism, has been of growing interest to legal scholars and jurists alike. Discerning and putting forth the views of “the founders” has become part and parcel of effective advocacy, particularly regarding constitutional questions. Arizona is no exception, with its courts explicitly giving originalism primacy over all other interpretive doctrines for discerning the meaning of an ambiguous provision of its Constitution.

Yet, the Arizona state courts have not engaged with the views of the state’s founders on key issues concerning the purposes of punishment, as demonstrated by the founders’ words and deeds. Arizona was founded in 1912 as …

The House Always Wins: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

Faculty Scholarship

No abstract provided.

Pursuing Citizenship During Covid-19, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks

Faculty Scholarship

Scholars often presume that administrative dysfunction is a deviation from the norm of regularity in administrative law. This presumption is reinforced by courts who defer to agencies on the basis of a legal fiction of idealized regularity. In reality, irregularities are common in policymaking and they make agencies vulnerable to dysfunction. Irregularities are not bugs, but features of the administrative state. Sometimes, a national emergency makes political influence unavoidable and urges departures from usual regulatory processes. At other times, however, the framing of a problem as a national emergency is a pretextual justification to pursue a pre- determined political goal …