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Articles 241 - 270 of 1339
Full-Text Articles in Entire DC Network
An Introduction To The Student Pieces, Hadar Aviram, David Takacs
An Introduction To The Student Pieces, Hadar Aviram, David Takacs
UC Law Environmental Journal
No abstract provided.
Sex Offender Regulations And The Rule Of Law: When Civil Regulatory Schemes Circumvent The Constitution, Ryan W. Porte
Sex Offender Regulations And The Rule Of Law: When Civil Regulatory Schemes Circumvent The Constitution, Ryan W. Porte
UC Law Constitutional Quarterly
The U.S. Supreme Court last decided the issue of whether post-incarceration sex offender regulations constituted punishment or nonpunitive regulations over twenty years ago. In coming to its conclusion, the Supreme Court assessed the regulations as they were written in the 1990s and the early 2000s and maintained the assumption that offenders constituted a greater danger to the public than other classes of criminals. In 2018, post-incarceration sex offender regulations are far more restrictive than they were two decades ago and scientific studies tend to refute the public belief that sex offenders are more recidivistic than other criminals. Recognizing this, some …
Street Harassment: The Need For Criminal Remedies, Sonja Arndt
Street Harassment: The Need For Criminal Remedies, Sonja Arndt
UC Law SF Journal on Gender and Justice
This article shines light on the lack of street harassment laws in the United States, while outlining why there is an immediate need for these types of laws. The author seeks to develop a working legal definition of street harassment, while subcategorizing street harassment into three separate categories: catcalling, verbal sexual harassment, and verbal sexual assault. Lastly, the author puts forth a legal proposal which would criminalize verbal sexual harassment and verbal sexual assault.
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 …
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
UC Law SF Journal on Gender and Justice
Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.
Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke
Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke
UC Law SF Journal on Gender and Justice
Increasingly, the federal government has sought to utilize local law enforcement’s proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration—the simultaneous enforcement of immigration law and criminal law—has sparked a large-scale social movement in California over the last ten years. This movement has built connections and solidarities among actors across communities and issue areas, including the faith community, the legal community, [etc.]. Using the response to crimmigration as a case study, this Note examines the potentials for intersectional resistance. What role has an awareness of intersectionality played in the fight against crimmigration? …
The Institutional Design Of Punishment, Aaron J. Rappaport
The Institutional Design Of Punishment, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel
On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel
Faculty Scholarship
No abstract provided.
A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd
A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd
Faculty Scholarship
No abstract provided.
Funding Restrictions And Separation Of Powers, Zachary S. Price
Funding Restrictions And Separation Of Powers, Zachary S. Price
Faculty Scholarship
No abstract provided.
Offshoring Tax Ethics: The Panama Papers, Seeking Refuge From Tax, & Tax Lawyer Referrals, Heather M. Field
Offshoring Tax Ethics: The Panama Papers, Seeking Refuge From Tax, & Tax Lawyer Referrals, Heather M. Field
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.
Intellectual Disability, The Death Penalty, And Jurors, David L. Faigman, Emily V. Shaw, Nicholas Scurich
Intellectual Disability, The Death Penalty, And Jurors, David L. Faigman, Emily V. Shaw, Nicholas Scurich
Faculty Scholarship
No abstract provided.
Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia
Association Of Legal Intervention Injuries With Race And Ethnicity Among Patients Treated In Emergency Departments In California, Aaron J. Rappaport, Alyssa C. Mooney, Shannon Mcconville, Renee Y. Hsia
Faculty Scholarship
No abstract provided.
Predicting Violent Behavior: What Can Neuroscience Add?, David L. Faigman
Predicting Violent Behavior: What Can Neuroscience Add?, David L. Faigman
Faculty Scholarship
No abstract provided.
Federal Laboratories Of Democracy, Dave Owen, Hannah J. Wiseman
Federal Laboratories Of Democracy, Dave Owen, Hannah J. Wiseman
Faculty Scholarship
No abstract provided.
A Persistência Das Desigualdades Raciais No Sistema De Justiça Criminal Dos Eua, George Bisharat
A Persistência Das Desigualdades Raciais No Sistema De Justiça Criminal Dos Eua, George Bisharat
Faculty Scholarship
No abstract provided.
Artificial Intelligence: The Importance Of Trust & Distrust, Robin Feldman
Artificial Intelligence: The Importance Of Trust & Distrust, Robin Feldman
Faculty Scholarship
No abstract provided.
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 …
Foreword To The West Virginia Law Review Appalachian Justice Symposium, Jennifer D. Oliva
Foreword To The West Virginia Law Review Appalachian Justice Symposium, Jennifer D. Oliva
Faculty Scholarship
No abstract provided.
Decriminalization Of Psilocybin. Initiative Statute.
Decriminalization Of Psilocybin. Initiative Statute.
Initiatives
Decriminalizes use, possession, sale, transport, or cultivation of psilocybin (a hallucinogenic compound) by persons at least 21 years of age. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: 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 in the court system, and incarcerating and supervising certain psilocybin offenders. Potential increase in state and local tax revenues, not likely to exceed a couple million dollars annually, related to the production and sale of psilocybin.
Defines Legal Standard For Claim Of Self-Defense In Certain Criminal Prosecutions Of Law-Enforcement Officers. Requires Jury Trial For Specified Criminal Prosecutions Of Law-Enforcement Officers. Initiative Constitutional Amendment.
Initiatives
Requires that law-enforcement officers who are prosecuted for crimes involving use of lethal or near-lethal force be held to a reasonable-person standard equal to or higher than that required for ordinary citizens to prevail on self-defense claims. Requires that criminal trials of law-enforcement officers be by jury for charges related to abuse of power or authority, unlawful or excessive force under color of law, or violent felonies. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Likely minor net fiscal impact on annual state and local criminal justice costs.
Division Of California Into Three States. Initiative Statute.
Division Of California Into Three States. Initiative Statute.
Initiatives
Divides California into three states subject to approval by Congress. Assigns each county to a new state. Upon passage, directs Governor to request that Congress grant approval within twelve months. If Congress approves, directs Legislature to divide California's assets and liabilities between the new states. Provides that, if Legislature fails to act within twelve months of Congressional approval, debts shall be distributed among new states based on population relative to California population as a whole, and assets within boundaries of each new state shall become the assets of that new state. Summary of estimate by Legislative Analyst and Director of …
Uc Hastings Law (Fall 2017), Hastings College Of The Law Alumni Association
Uc Hastings Law (Fall 2017), Hastings College Of The Law Alumni Association
Hastings Magazine (2008-2019)
No abstract provided.
Appendix: Notable Faculty Publications 2016
California Autonomy From Federal Government. Initiative Constitutional Amendment And Statute.
California Autonomy From Federal Government. Initiative Constitutional Amendment And Statute.
Initiatives
Repeals provision in California Constitution stating California is an inseparable part of the United States. Directs Governor, in consultation with those members of Congress who represent California, to negotiate continually greater autonomy from federal government, up to and including agreement establishing California as a fully independent country, provided voters agree to revise the California Constitution. Creates new state commission to research and make recommendations on ways of increasing California's autonomy and independence. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: At least $1.25 million in added state costs per year …
Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton
Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton
UC Law SF Journal on Gender and Justice
Sexual assault is pervasive on college campuses across the country. Title IX mandates that school’s receiving federal funding protect student victims of sexual assault. Some campuses have gone further than the Title IX requirements and have created internal policies that are stacked against the accused and potentially reach the level of violating the accused’s constitutional rights. This note examines how Title IX has influenced academia and how unjust campus tribunals have caused accused male students to seek redress in federal courts for gender discrimination. This note will also examine the racial implications of Title IX and consider how race contributes …
Minority Mens Rea: Racial Bias And Criminal Mental States, Francis X. Shen
Minority Mens Rea: Racial Bias And Criminal Mental States, Francis X. Shen
UC Law Journal
The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making “minority mens rea” a centerpiece of the justice process. This Article presents an empirical investigation of how jury eligible subjects decode minority mens rea. In a study involving over 1200 subjects, the Article explores whether subjects assign fictional protagonists named Jamal and Lakisha more culpable mental states than they assign to protagonists named John and Emily. The results show that, at least on this particular experimental task, racial bias does not affect the …
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.
Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick
Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick
UC Law Science and Technology Journal
No abstract provided.