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Articles 121 - 150 of 1339
Full-Text Articles in Entire DC Network
Editor’S Forward, Ava Agree
Editor’S Forward, Ava Agree
Hastings Journal of Crime and Punishment
No abstract provided.
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
UC Law Constitutional Quarterly
No abstract provided.
America’S Unforgiving Forgiveness Program: Problems And Solutions For Public Service Loan Forgiveness, Robert Wu
UC Law Journal
In the first three years of Public Service Loan Forgiveness (PSLF), over 227,000 borrowers applied for relief. The U.S. Department of Education granted relief to less than 3800 borrowers, denying forgiveness to roughly 98% of the program’s applicants. This astronomically high rejection rate raises questions of responsibility for the program’s initial failure. Many have blamed the Trump Administration for using its political influence to manufacture an unforgiving result. However, a purely political explanation for the program’s failure provides an incomplete illustration of the reasons underlying PSLF’s demise. This Note examines the numerous pitfalls that resulted in PSLF’s unforgiving forgiveness rate. …
The Opioid Doctors: Is Losing Your License A Sufficient Penalty For Dealing Drugs?, Adam M. Gershowitz
The Opioid Doctors: Is Losing Your License A Sufficient Penalty For Dealing Drugs?, Adam M. Gershowitz
UC Law Journal
Imagine that a medical board revokes a doctor’s license both because he has been peddling thousands of pills of opioids and also because he was caught with a few grams of cocaine. The doctor is a family physician, not a pain management specialist. Yet, during a one-year period he wrote more than 4,000 prescriptions for opioids—roughly eighteen scripts per day. Patients came from multiple states and from hundreds of miles away to get oxycodone prescriptions. And the doctor prescribed large quantities of opioids—up to 240 pills per month—to patients with no record of previously needing narcotic painkillers. Both federal and …
Nonmarket Criminal Justice Fees, Ariel Jurow Kleiman
Nonmarket Criminal Justice Fees, Ariel Jurow Kleiman
UC Law Journal
The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling debt, undermining reentry efforts, and raising civil rights and constitutional concerns. This Article reconciles these seemingly opposed perspectives, arguing that criminal justice fees have become harmful precisely because they deviate from the traditional market-like environment that the public finance literature envisions. This nonmarket structure occurs for two reasons. First, criminal justice agencies are monopolistic providers of mandatory services, and second, criminal defendants cannot or do not consider the fee …
Editor’S Foreword, Ava Agree
Editor’S Foreword, Ava Agree
Hastings Journal of Crime and Punishment
No abstract provided.
Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer
Hastings Journal of Crime and Punishment
No abstract provided.
Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate
Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate
UC Law Environmental Journal
Several international policy documents define the environment as made of “natural heritage” and “cultural heritage” together, along the lines of concepts such as “biosphere” or “ecosystem” which have been introduced relatively recently to define the complexity of humanenvironment interactions. Nevertheless, distinguishing natural heritage from the cultural one helps analyse situations where damage inflicted to the former negatively impacts the latter. In fact, cultural heritage sits under siege worldwide due to polluting activities and environmental degradation, which are causing irreparable damage to—or even the disappearance of— valuable expressions of civilisations’ legacy. Most damages are transboundary, thereby calling into question bilateral forms …
From Lynching To Central Park Karen: How White Women Weaponize White Womanhood, Megan Armstrong
From Lynching To Central Park Karen: How White Women Weaponize White Womanhood, Megan Armstrong
UC Law SF Journal on Gender and Justice
No abstract provided.
Covid-19 Vaccine Mandates For University Students, Dorit Rubenstein Reiss, John Dipaolo
Covid-19 Vaccine Mandates For University Students, Dorit Rubenstein Reiss, John Dipaolo
Faculty Scholarship
Universities and colleges (“universities”) reopening after COVID-19 understandably seek to increase safety on campus and reduce the risk of a COVID-19 outbreak. One approach universities and colleges are considering is requiring vaccines from students. This Article addresses the legal framework behind university vaccine mandates for students. It sets out the general constitutional framework and explains why universities are constitutionally permitted to impose reasonable vaccine mandates. It addresses whether universities need to offer a religious exemption, explaining that under current Supreme Court jurisprudence, universities are likely not required to offer a religious exemption, but that may change, and public universities in …
Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic
Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic
UC Law Constitutional Quarterly
We address a recurring problem in movement scholarship and activism: why do some civil rights organizations persist in promoting themselves as advocates of equal protection when street activists rarely mention it, and lawyers know that litigation brought under that clause almost always loses? Try to recall the last time you heard of a street protest by a group—say Mexican-American school children in Tucson, Arizona, Black victims of police violence, or military women subjected to sexual harassment— proceeding under the banner of equal protection. Or think when you last read of a lawyer who brought and won a case for a …
Pregnancy, Incarcerated: How Incarcerating Pregnant Women In The United States Is Incompatible With Theories Justifying Punishment, Madeline Martin
Pregnancy, Incarcerated: How Incarcerating Pregnant Women In The United States Is Incompatible With Theories Justifying Punishment, Madeline Martin
UC Law SF Journal on Gender and Justice
No abstract provided.
Foreword, Ritchie Lee
Foreword, Ritchie Lee
UC Law Journal of Race and Economic Justice
No abstract provided.
The Challenges In Health Care For Pregnant Women In U.S. Correctional Institutions, Mahnoor Yunus
The Challenges In Health Care For Pregnant Women In U.S. Correctional Institutions, Mahnoor Yunus
UC Law Journal of Race and Economic Justice
No abstract provided.
From Threat To Victim: Why Stand Your Ground Laws Are Inherently Prejudiced And Do Nothing To Further Justice, Rene Perez
UC Law Journal of Race and Economic Justice
Stand Your Ground laws give jurors too much leeway in determining what constitutes a reasonable threat in defense cases.2 By removing the traditional duty to retreat, the reasonableness determination makes or breaks a case and inherently discriminates against people of color. This is because reasonableness can all too easily become a character determination instead of an objective adjudgment. Because Stand Your Ground is present at the investigator’s discretion stage, the prosecutorial discretion stage, and finally the judicial stage through jury instructions and juror bias—there is a unique platform for implicit bias to dictate how defendants are advantaged or disadvantaged in …
Consequences Of Police In Schools: The Criminalization Of Children In An Era Of Mass Incarceration, Katherine Elizabeth Holloway
Consequences Of Police In Schools: The Criminalization Of Children In An Era Of Mass Incarceration, Katherine Elizabeth Holloway
UC Law Journal of Race and Economic Justice
No abstract provided.
Cybercrime Vs. Cyberwar: Paradigms For Addressing Malicious Cyber Activity, Mieke Eoyang, Chimene Keitner
Cybercrime Vs. Cyberwar: Paradigms For Addressing Malicious Cyber Activity, Mieke Eoyang, Chimene Keitner
Faculty Scholarship
No abstract provided.
Virtual Reality: Prospective Catalyst For Restorative Justice, Kate Bloch
Virtual Reality: Prospective Catalyst For Restorative Justice, Kate Bloch
Faculty Scholarship
A 2018 U.S. Department of Justice report assessing data from thirty states found that eighty-three percent of those individuals released from state prisons in 2005 were rearrested within nine years.** When a revolving door ushers five of six individuals back into custody and decimates communities, more effective approaches to criminal justice demand attention. In countries around the world, restorative justice has been emerging as a promising candidate. It generally involves an interactive process in which stakeholders identify and grapple with harms caused by the crime. But many environments lack the resources to invoke its benefits. While restorative justice takes various …
Bad Role Models? American Influence On Israeli Criminal Justice Policy, Hadar Aviram
Bad Role Models? American Influence On Israeli Criminal Justice Policy, Hadar Aviram
Faculty Scholarship
In this Article I rely on the public policy concept of "policy transfer" to examine the impact of U.S. legislation, litigation, and politics on the Israeli criminal justice landscape. The Article identifies four eras: 1. The Great Light from the West - the ascent of U.S. criminal justice as British influence fades; 2. The Decade of Rights - a misperception of America as a paragon of criminal justice rights and protections that results in influences on Israeli jurisprudence; 3. The Law-and-Order Enchantment Period - a time at which Israeli scholars and policymakers import punitive trends from the U.S., particularly in …
More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas
More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas
Faculty Scholarship
No abstract provided.
School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser
School Police Reform: A Public Health Imperative, Thalia Gonzalez, Emma Kaeser
Faculty Scholarship
Out of the twin pandemics currently gripping the United States—deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID- 19—an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil rights, racial justice, and Black Lives Matter have simultaneously intensified. Yet each remains siloed, despite the natural connection and implicit overlap between these separate movements and debates. Indeed, there are documented negative health effects of school policing for Black, Indigenous, people of color (BIPOC) youth. But these …
Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde
Restorative Justice, School Reopenings And Educational Equity: A Contemporary Mapping And Analysis Of State Law, Thalia Gonzalez, Rebecca Epstein, Claire Krelitz, Rhea Shinde
Faculty Scholarship
The opportunity to use restorative justice practices to address structural inequalities and reimagine school structures has become increasingly important in the wake of twin social and public health pandemics. As research-based restorative practices continue to grow across the country with the aim of fostering supportive, safe, and anti-racist learning environments, calls to codify school-based restorative justice are spreading. Despite the prevalence of on-the-ground practices since the 1990s and a growing evidence base for school-based restorative practices, there is little understanding of the effect of the legalization of restorative justice on individual- or school-level outcomes. This study is the first analysis …
Race, School Policing, And Public Health, Thalia Gonzalez
Race, School Policing, And Public Health, Thalia Gonzalez
Faculty Scholarship
The ever-growing list of names of Black victims who have died at the hands ofpolice has emboldened a new public narrative that frames police violence—and other more commonplace, though less lethal, disparate policing practices—as a public health crisis rooted in this country’s history of racism and anti-Blackness. This public narrative in turn has spawned a diverse set of responsive actions in both the public and private sectors directed at addressing the effects of individual and structural racism on health. Yet missing from this linkage between police violence and racialized health disparities is any focus on the educational system, despite the …
Prescription-Drug Policing: The Right To Health Information Privacy Pre-And Post-Carpenter, Jennifer D. Oliva
Prescription-Drug Policing: The Right To Health Information Privacy Pre-And Post-Carpenter, Jennifer D. Oliva
Faculty Scholarship
This Article operates at the intersection of privacy law, Fourth Amendment doctrine, and prescription-drug surveillance instigated by the U.S. drug-overdose crisis. Reputable reporting sources frequently frame that ongoing crisis as a prescription-drug-overdose “epidemic.” Current epidemiological data, however, indicate that the majority of American overdose deaths are now a result of illicit and polysubstance drug use and not prescription-opioid misuse. The prescription-opioid- centric frame has nonetheless sparked the rapid rise of surveillance of prescribers and patients in the form of state prescription-drug monitoring program (“PDMP”) databases. State PDMPs, which maintain and analyze significant data concerning every dispensed controlled substance, surreptitiously collect …
Driver’S License Suspensions For Nonpayments: A Discriminatory And Counterproductive Policy, Melissa Toback Levin
Driver’S License Suspensions For Nonpayments: A Discriminatory And Counterproductive Policy, Melissa Toback Levin
UC Law Constitutional Quarterly
Driver’s license suspensions for nonpayments of traffic debt disproportionately harm people of color and are legally untenable. Across the country, at least seven million people have had their driver’s license suspended for traffic debt—nonpayments of traffic tickets and nonappearances in traffic court. As this article demonstrates, traffic debt suspensions force people to make an impossible choice: stop driving—and lose access to work, childcare, healthcare, food, and other basic necessities— or keep driving, and risk criminal charges, more unaffordable fines and fees, and even incarceration. License-for-payment laws ultimately create conditions that parallel modern-day debtor’s prisons and are vulnerable to several legal …
Black Lives Matter: Banning Police Lynchings, Mitchell F. Crusto
Black Lives Matter: Banning Police Lynchings, Mitchell F. Crusto
UC Law Constitutional Quarterly
In the United States, police officers are granted a license to use lethal force and are subsequently exonerated from personal criminal liability for fatal killings, particularly when the victim is an African American. This Article advances the normative claim that the Court’s death penalty jurisprudence, including the “Cruel and Unusual Punishment” Clause of the Eighth Amendment, protects the victims of police homicides. Further, it contends that the police use of lethal force against African Americans constitutes “lynching”—a State-sponsored act of terror that supports systemic racism. Finally, it posits that the Constitution mandates that the police use of lethal force be …
Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine
Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine
Hastings Journal of Crime and Punishment
In this piece, I explore the value of consistency in a prosecutor’s office that is committed to racial justice, fiscal responsibility, and strategies to reduce the size of the carceral state. I argue that consistency of process, rather than consistency of outcome, is the principal value that leadership ought to embrace in furtherance of its reformist goals. In prioritizing consistency of process, the office would design a “prosecutorial calculus” to guide line prosecutors’ case management decisions (i.e., it would identify the factors that should influence whether and what to file, how to handle pre-trial release, and what to offer as …
Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch
Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch
Hastings Journal of Crime and Punishment
No abstract provided.
Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov
Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov
UC Law Constitutional Quarterly
This Article highlights that individuals who suffer from mental health problems can be particularly defenseless against an attack on their liberty through criminal and civil law. Specifically, it delineates how the current laws allow for a potential indefinite commitment of a person who may not have even committed a single crime. The Article explains that constitutionally mandated standards should be required to protect individuals who face losing their liberty due to the perceived threat of future harm. The authors posit that, while preventing individuals from harming themselves or others is an honorable goal, the state should only be able to …
Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown
Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown
UC Law SF International Law Review
No abstract provided.