Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (859)
- Constitutional Law (201)
- Comparative and Foreign Law (77)
- International Law (76)
- Law and Race (67)
-
- Criminal Procedure (39)
- Criminal Law (37)
- Entertainment, Arts, and Sports Law (34)
- Communications Law (33)
- Intellectual Property Law (33)
- Law and Gender (33)
- Judges (15)
- Evidence (8)
- Courts (7)
- Legal Ethics and Professional Responsibility (7)
- Environmental Law (5)
- Science and Technology Law (5)
- Business Organizations Law (3)
- Civil Rights and Discrimination (3)
- Juvenile Law (3)
- Legal Education (3)
- Health Law and Policy (2)
- Human Rights Law (2)
- Law and Psychology (2)
- Legal Profession (2)
- Legal Writing and Research (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- State and Local Government Law (2)
- Civil Procedure (1)
- Keyword
- Publication Year
- Publication
-
- UC Law Journal (327)
- Faculty Scholarship (235)
- UC Law Constitutional Quarterly (201)
- UC Law SF Journal on Gender and Justice (95)
- Initiatives (77)
-
- UC Law SF International Law Review (75)
- UC Law Journal of Race and Economic Justice (67)
- Propositions (55)
- Hastings Alumni Publications (34)
- UC Law SF Communications and Entertainment Journal (33)
- Hastings Law News (1969/70-2001/02) (32)
- Hastings Journal of Crime and Punishment (18)
- Opinions (13)
- The Judges' Book (12)
- David E. Snodgrass Moot Court Competition (9)
- Center for Racial and Economic Justice (6)
- Mathew O. Tobriner Memorial Lectures (6)
- UC Law Environmental Journal (6)
- Published Scholarship (5)
- UC Law Science and Technology Journal (5)
- Voir Dire (1962-1970) (5)
- Hastings Magazine (2008-2019) (4)
- Commencement Exercises (3)
- Publicity & News Clippings (3)
- UC Law Business Journal (3)
- 2020 Board of Directors Agenda and Materials (2)
- 2025 Board of Directors Agenda and Materials (2)
- 2012 Board of Directors Agenda and Materials (1)
- 2016 Board of Directors Agenda and Materials (1)
- Center for Gender & Refugee Studies (1)
- Publication Type
Articles 211 - 240 of 1339
Full-Text Articles in Entire DC Network
Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh
Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh
UC Law SF Journal on Gender and Justice
Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal dynamics …
The Extraterritorial Reach Of Tribal Court Criminal Jurisdiction, Grant Christensen
The Extraterritorial Reach Of Tribal Court Criminal Jurisdiction, Grant Christensen
UC Law Constitutional Quarterly
Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the nature of overlapping sovereignty. The Supreme Court accepts an average of almost three Indian law cases a year and has decided more than twenty Indian law cases with a jurisdictional focus since 1978. As tribes become wealthier, they are increasingly acquiring new lands outside of their existing reservations. This expansion of territory generates new border zones where state and tribal interests converge. The Sixth Circuit recently decided the first federal appellate case dealing with the inherent criminal powers of tribal court jurisdiction over the conduct …
A New Look At Criminal Liability For Selling Dangerous Vehicles: Lessons From General Motors And Toyota, Steven B. Dow, Nan S. Ellis
A New Look At Criminal Liability For Selling Dangerous Vehicles: Lessons From General Motors And Toyota, Steven B. Dow, Nan S. Ellis
UC Law Business Journal
Automobile safety is one of the most serious public health issues facing our country. In addition to the costs in terms of personal injury and death, automobile accidents cost society billions of dollars in lost productivity and medical costs. In 1966, there were over 50,000 deaths from automobile accidents. By 2015, this number had fallen to approximately 35,000 deaths and 2.4 million injuries resulting from automobile accidents. By some measures, this is a remarkable reduction that might lead us to conclude that automobile safety is no longer an important public policy concern. This article argues that automobile safety is still …
“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross
“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross
UC Law Journal of Race and Economic Justice
No abstract provided.
The Master’S Tools Will Never Dismantle The Master’S House: Kavanaugh’S Confirmation Hearing And The Perils Of Progressive Punitivism, Hadar Aviram
Faculty Scholarship
No abstract provided.
Criminal Law: The Institutional Design Of Punishment, Aaron Rappaport
Criminal Law: The Institutional Design Of Punishment, Aaron Rappaport
The Judges' Book
No abstract provided.
Evidence Law: Convictions Based On Circumstantial Evidence, Binyamin Blum
Evidence Law: Convictions Based On Circumstantial Evidence, Binyamin Blum
The Judges' Book
No abstract provided.
Appendix: Notable Faculty Scholarship In 2018
Harnessing Virtual Reality To Prevent Prosecutorial Misconduct, Kate Bloch
Harnessing Virtual Reality To Prevent Prosecutorial Misconduct, Kate Bloch
Faculty Scholarship
No abstract provided.
Balanced Liberty: Justice Kennedy's Work In Criminal Cases, Rory K. Little
Balanced Liberty: Justice Kennedy's Work In Criminal Cases, Rory K. Little
Faculty Scholarship
No abstract provided.
The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimene Keitner
The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimene Keitner
Faculty Scholarship
Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …
Evidence On Fire, Jennifer D. Oliva, Valena E. Beety
Evidence On Fire, Jennifer D. Oliva, Valena E. Beety
Faculty Scholarship
Fire science, a field largely developed by lay “arson investigators,” police officers, or similar first responders untrained in chemistry and physics, has been historically dominated by unreliable methodology, demonstrably false conclusions, and concomitant miscarriages of justice. Fire investigators are neither subject to proficiency testing nor required to obtain more than a high school education. Perhaps surprisingly, courts have largely spared many of the now- debunked tenets of fire investigation any serious scientific scrutiny in criminal arson cases. This Article contrasts the courts’ ongoing lax admissibility of unreliable fire-science evidence in criminal cases with their strict exclusion of the same flimsy …
Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety
Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety
Faculty Scholarship
e third piece in a trilogy that examines and evaluates the standards that American co e proffered by prosecutors in criminal trials. The first two articles in the trilogy expose the criminal courts’ on-going practice of admitting false forensic evidence that is virtually always excluded in civil cases. They also advance a panoply of procedural and evidentiary solutions aimed at reforming this legally unviable discrepancy. Those solutions are court-centric insofar as they advocate for, among other things, open and early criminal discovery, pre-trial Daubert hearings to challenge evidence and experts, and court-appointment of qualified forensic science experts. This Article takes …
Eliminates Certain 2011 Criminal Justice Measures. Initiative Statute
Eliminates Certain 2011 Criminal Justice Measures. Initiative Statute
Initiatives
Requires that individuals sentenced for certain non-serious, non-violent, and nonsexual felonies after November 3, 2020 serve their time in state prison—rather than in county jail, as 2011 law requires. Requires that individuals released on parole for these low-level felonies after November 3, 2020 be supervised by state parole authorities rather than county probation departments. After November 3, 2020, prohibits courts from suspending the concluding portion of the prison sentence of individuals convicted of these low-level felonies and placing such felons on mandatory supervision by county authorities. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on …
Repeals Law Requiring Certain Law Enforcement To Collect And Report Specified Data On Stops And Searches. Initiative Statute.
Initiatives
Repeals provision in the Racial and Identity Profiling Act of 2015 that requires state and local agencies that employ peace officers to collect specified data on all stops and searches, including the reason for the stop or search, and perceived race, ethnicity, gender, and age of person stopped, and to report such data to the Attorney General annually. Reduces transparency by eliminating mandated data collection about stops and searches used by Attorney General, other law enforcement officials, the public, and researchers to identify and prevent racial and identity profiling. Summary of estimate by Legislative Analyst and Director of Finance of …
Uc Hastings Law (Fall 2018), Hastings College Of The Law Alumni Association
Uc Hastings Law (Fall 2018), Hastings College Of The Law Alumni Association
Hastings Magazine (2008-2019)
No abstract provided.
Judges Of Color: Examining The Impact Of Judicial Diversity In The Equal Protection Jurisprudence Of The United States Court Of Appeals For The Ninth Circuit, Kristine L. Avena
Judges Of Color: Examining The Impact Of Judicial Diversity In The Equal Protection Jurisprudence Of The United States Court Of Appeals For The Ninth Circuit, Kristine L. Avena
UC Law Constitutional Quarterly
From slavery to civil rights to affirmative action, America’s history has been plagued with the issue of race. The federal bench is no exception. For almost two centuries, the highest court of the nation did not represent the public that it served. This Note aims to determine how the presence of minority judges on the United States Court of Appeals for the Ninth Circuit impacts Equal Protection doctrine. This Note shows that a Ninth Circuit judge’s race is important in providing procedural and substantive contributions to the federal bench. Diverse judges use their life experiences to ensure that every person …
Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram
The Judges' Book
No abstract provided.
Appendix: Notable Faculty Scholarship In 2017
“Innocence” And The Guilty Mind, Stephen F. Smith
“Innocence” And The Guilty Mind, Stephen F. Smith
UC Law Journal
No abstract provided.
California’S New Law Will Fail To Address The Larger Problem Of Brady Violations, Christina E. Urhausen
California’S New Law Will Fail To Address The Larger Problem Of Brady Violations, Christina E. Urhausen
UC Law Journal
No abstract provided.
Can Democracy Withstand The Cyber Age?: 1984 In The 21st Century, David M. Howard
Can Democracy Withstand The Cyber Age?: 1984 In The 21st Century, David M. Howard
UC Law Journal
No abstract provided.
A Better Balance For Federal Rules Governing Public Access To Appeal Records In Immigration Cases, Nancy Morawetz
A Better Balance For Federal Rules Governing Public Access To Appeal Records In Immigration Cases, Nancy Morawetz
UC Law Journal
No abstract provided.
Booker Disparity And Data-Driven Sentencing, Joshua M. Divine
Booker Disparity And Data-Driven Sentencing, Joshua M. Divine
UC Law Journal
No abstract provided.
Bringing Untested Rape Kits Out Of Storage And Into The Courtroom: Encouraging The Creation Of Public-Private Partnerships To Eliminate The Rape Kit Backlog, Gaby Lion
UC Law Journal
No abstract provided.
Batson's Appellate Appeal And Trial Tribulations, Jonathan Abel
Batson's Appellate Appeal And Trial Tribulations, Jonathan Abel
Faculty Scholarship
Batson v. Kentucky is widely regarded as a failure. In the thirtyplus years since it was decided by the Supreme Court, the doctrine has been subjected to unrelenting criticism for its inability to stop the discriminatoy use of peremptory challenges. The scholarly literature is nearly unanimous: Batson is broken. But this Article approaches Batson from a different perspective, focusing on Batson's appellate virtues rather than its trial shortcomings. This change in focus reveals a number of ways in which the Batson doctrine provides opportunities on appeal that do not exist at trial. In short, this Article argues that appellate Batson …
Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum
Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum
UC Law Journal
No abstract provided.
Amends Three Strikes Sentencing Law For Repeat Offenders. Initiative Statute.
Amends Three Strikes Sentencing Law For Repeat Offenders. Initiative Statute.
Initiatives
Revises the three strikes law to impose a life sentence with possibility of parole only when the third or subsequent conviction is for a violent felony, unless the new offense is a specified sex- or firearm-related crime, or a prior offense was for rape, child molestation, or murder. Requires resentencing of inmates currently serving life with possible parole if they would have received different sentences under this measure. Applies savings to schools, colleges, prison rehabilitation programs, and youth crime prevention programs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net …
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
UC Law SF International Law Review
In recent years, the media exposure and judicial exoneration of wrongfully convicted defendants in a number of high-profile capital cases in China have attracted the attention of reformers, the general public, and policy makers—both domestic and international. Yet, until now, there has been merely a thin body of empirical literature on this salient research topic. This lack of academic attention is due to the political sensitivity of the topic and the lack of publicly-accessible data. This paper is aimed at filling this critical gap in the literature. Based on in-depth analysis of 122 deathsentenced innocents, of which 109 have been …
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
UC Law SF International Law Review
Modern penitentiaries offer valuable insight on the core of society’s sensibilities, perceptions, and values. They shed light on the relation between the State and the citizenry, particularly the lower classes. Beyond its explicit reformative goals to the criminal justice system, the penitentiary functions to affect social policy through norms of decency and respect for human rights. From the unique architectural choices to the minute logistical details, a government makes choices that intimately speak on how it views its most vulnerable groups of individuals. The origins of the penitentiary offer insight into the circumstances that interweave to organize the social fabric …