Digital Commons Network^™

Evidence Of Memory From Brain Data, Emily R. Murphy, Jesse Rissman

Faculty Scholarship

Much courtroom evidence relies on assessing witness memory. Recent advances in brain imaging analysis techniques offer new information about the nature of autobiographical memory and introduce the potential for brain-based memory detection. In particular, the use of powerful machine- learning algorithms reveals the limits of technological capacities to detect true memories and contributes to existing psychological understanding that all memory is potentially flawed. This article first provides the conceptual foundation for brain-based memory detection as evidence. It then com- prehensively reviews the state of the art in brain-based memory detection research before establishing a framework for admissibility of brain-based memory …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Faculty Scholarship

No abstract provided.

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

Reliance On Executive Constitutional Interpretation, Zachary S. Price

Faculty Scholarship

Federal executive officials routinely authorize government personnel to violate otherwise applicable laws based on contestable constitutional interpretations. This practice raises an important and unresolved question, one that arose in connection with the George W Bush Administration's interrogation practices and that could easily arise again: What legal effect, if any, should internal executive guidance on constitutional questions have in subsequent civil or criminal litigation against officials who relied on it? This Article systematically analyzes this question. Building on existing case law in related areas, it argues that any sound reliance defense in this area must balance three competing constitutional considerations: (1) …

The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez

Faculty Scholarship

Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations—particularly those addressing mass incarceration and securing justice—and has gained a new urgency following nationwide protests in response to racial violence and anti-Blackness. Such increased attention necessitates that reformists think carefully about the existing legal landscape of restorative justice to ensure that the construction and refinement of restorative justice laws do not yield undesirable state and local practices. Drawing on a dataset of 264 laws, including statutes, court rules, and regulations in 46 jurisdictions, this …

Son Of Sam, Service-Connected Entitlements, And Disabled Veteran Prisoners, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

Requires Arrest For Specified Offenses And, If Convicted, Detention Or Intervention Programs. Initiative Statute.

Initiatives

Requires arrest and detention for pretrial risk assessment when officer has probable cause that arrestee committed specified offenses, such as disorderly conduct and drug possession. Establishes specialized courts in counties with populations over 100,000 to determine if economic, substance abuse, or mental health issues were contributing factors in offense; if so, requires referrals to social-safety-net assistance or incarceration for drug treatment or mental health care. Amends Mental Health Services Act to utilize existing funding for such courts and programs. Establishes rules for expunging sentences for specified offenses. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact …

The Roper Extension: A California Perspective, Zoe Jordan

UC Law Journal

Although adulthood legally begins at age eighteen, young adults between the ages of eighteen and twenty-one are distinct from the rest of the adult population. Many studies conducted over the last two decades have revealed that the prefrontal cortex, the part of the brain responsible for social and emotional maturity as well as impulse control, is not fully developed until near the age of twenty-five. Thus, young adults have a neurobiologically-compromised ability to exercise self-control, adequately consider the consequences of their actions, and resist coercive pressures from others. Notably, the California Legislature has acknowledged the need to treat young adults …

Decriminalizes Psilocybin Mushrooms. Initiative Statute.

Initiatives

Decriminalizes under state law the personal possession, storage, use, cultivation, manufacturing, giving away or furnishing for personal use, or consumption of psilocybin mushrooms and the hallucinogenic chemical compounds contained in them (including psilocybin and psilocin). Applies to individuals at least 18 years of age, and individuals under 18 years of age with parental or guardian consent. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Reduced costs, not likely to exceed a few million dollars annually, to state and local governments related to enforcing psilocybin-related offenses; handling the related criminal cases …

Expands Legalization Of Cannabis And Hemp. Initiative Statute.

Initiatives

Repeals existing conflicting laws regulating cultivation, sale, and use of cannabis and hemp. Legalizes cannabis and hemp, as defined. Expands judicial relief, including release from custody, for existing cannabis/hemp convictions. Prohibits permit, license, and tax requirements for personal uses; increases amount allowed for personal use. Prohibits commercial regulation beyond manner applicable to beer/wine; limits retail tax to 10%. Allows doctors to recommend cannabis without prescription; prohibits taxation of medicinal cannabis. Limits cannabis testing for employment or insurance purposes. Bars state or local aid to enforce federal cannabis/hemp laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal …

Expands Legalization Of Cannabis And Hemp. Initiative Statute.

Initiatives

Repeals existing conflicting laws regulating cultivation, sale, and use of cannabis and hemp. Legalizes cannabis and hemp, as defined. Expands judicial relief, including release from custody, for existing cannabis/hemp convictions. Prohibits permit, license, and tax requirements for personal uses; increases amount allowed for personal use. Prohibits commercial regulation beyond manner applicable to beer/wine; limits retail tax to 10%. Allows doctors to recommend cannabis without prescription; prohibits taxation of medicinal cannabis. Limits cannabis testing for employment or insurance purposes. Bars state or local aid to enforce federal cannabis/hemp laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal …

Uc Hastings Law (Fall 2019), Hastings College Of The Law Alumni Association

Hastings Magazine (2008-2019)

No abstract provided.

Releasing The 1040, Not So Ez Constitutional Ambiguities Raised By State Laws Mandating Tax Return Release For Presidential Candidates, Matthew M. Ryan

UC Law Constitutional Quarterly

No abstract provided.

The Immigration Crisis In American Courts: Children Representing Themselves, Wendy Melissa Hernandez

UC Law Constitutional Quarterly

No abstract provided.

The Unconstitutional Prosecution Of Asylum-Seeking Parents Under Trump’S Family Separation, Sergio Garcia

UC Law Constitutional Quarterly

President Donald Trump’s policy of separating families at the border, known as Trump’s “Zero Tolerance Policy,” was piloted in El Paso, Texas in 2017. Under Trump’s policy, the government separates asylum-seeking parents from their children in order to create “unaccompanied minors” and then prosecute parents. Trump’s policy is standard practice along the nation’s southern border. However, Trump’s prosecution and conviction of asylum–seeking parents violate the constitutional criminal law principles and constitute outrageous government conduct. For example, consider the cases of asylum-seeking parents Elba Luz Dominguez–Portillo, Natividad Zavala–Zavala, Jose Francis Yanes–Mancia, Blanca Nieve Vasquez– Hernandez, and Maynor Alonso Claudino–Lopez (collectively referred …

Data Philanthropy, Yafit Lev-Aretz

UC Law Journal

The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic researcher’s alleged misuse of Facebook users’ data on behalf of Cambridge Analytica has brought data philanthropy into the spotlight of public debate. Calls for data ethics and platform transparency have highlighted the urgent need for standard setting and democratic oversight in the use of corporate data for public ends. Data philanthropy has also received considerable scholarly attention in various academic disciplines but has, until now, been virtually overlooked …

Algorithmic Discrimination Is An Information Problem, Ignacio N. Cofone

UC Law Journal

While algorithmic decision-making has proven to be a challenge for traditional antidiscrimination law, there is an opportunity to regulate algorithms through the information that they are fed. But blocking information about protected categories will rarely protect these groups effectively because other information will act as proxies. To avoid disparate treatment, the protected category attributes cannot be considered; but to avoid disparate impact, they must be considered. This leads to a paradox in regulating information to prevent algorithmic discrimination. This Article addresses this problem. It suggests that, instead of ineffectively blocking or passively allowing attributes in training data, we should modify …

Protecting Native Women From Violence: Fostering State-Tribal Relations And The Shortcomings Of The Violence Against Women Act Of 2013, Dayna Olson

UC Law Constitutional Quarterly

Native American women face violence at astronomically high rates compared to any other ethnic group in the United States. These staggering statistics are laregly the result of conflicting criminal jurisdiction between tribal, state, and federal prosecutors. As a result, crimes of intimate partner violence that take place on tribal reservations often go unpunished, leaving these women with little to no recourse. In 2013, President Obama signed the reauthorization of the Violence Against Women Act. This landmark legislation created the Special Domestic Violence Criminal Jurisdiction, which gave Native American tribes the authority to prosecute a narrow set of non-tribal members for …

Lethality Assessment: An Impressive Development In Domestic Violence Law In The Past 30 Years, D. Kelly Weisberg

UC Law SF Journal on Gender and Justice

No abstract provided.

What The Future May Hold Forvictims Of Domestic And Sexual Violence Without The Violence Against Women Act, Stephanie E. Stupakis

UC Law SF Journal on Gender and Justice

No abstract provided.

Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin

UC Law Journal of Race and Economic Justice

No abstract provided.

The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano

UC Law Journal of Race and Economic Justice

No abstract provided.

Judicial Archaeology: The Ninth Circuit Opinions Of Justice Kennedy, Marsha Berzon The Honorable

UC Law Journal

No abstract provided.

Uc Hastings Law (Spring 2019), Hastings College Of The Law Alumni Association

Hastings Magazine (2008-2019)

No abstract provided.

An “Sdvcj Fix”—Paths Forward In Tribal Domestic Violence Jurisdiction, Joshua B. Gurney

UC Law Journal

Domestic violence has riddled the indigenous communities of the United States for decades. Within this problem lies another—non-Indians perpetrate crimes of domestic violence against Indian women at disproportionately high rates. Exacerbating this issue is the complicated web of criminal jurisdiction split between federal, state, and tribal governments. To ostensibly solve the problem, Congress enacted the Violence Against Women Reauthorization Act of 2013. The Act contained an important provision that returned criminal jurisdiction to tribes, called “Special Domestic Violence Criminal Jurisdiction.”

Special Domestic Violence Criminal Jurisdiction, by most accounts, has been a resounding success. But it suffers from critical limitations, namely, …

The Enduring Virtues Of Deferential Federalism: The Federal Government’S Proper Role In Prosecuting Law Enforcement Officers For Civil Rights Offenses, Adam Harris Kurland

UC Law Journal

No abstract provided.

International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku

UC Law SF International Law Review

In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and …

Technology Law: Artificial Intelligence: Trust And Distrust, Robin C. Feldman

The Judges' Book

No abstract provided.

Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku

UC Law Environmental Journal

No abstract provided.

Views On Prostitution, Shulamit Almog, Ariel L. Bendor

UC Law SF Journal on Gender and Justice

The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views evoked by the …