Digital Commons Network^™

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo

Faculty Scholarship

No abstract provided.

Changing The Topography Of Sentencing, Kate Bloch

Faculty Scholarship

No abstract provided.

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.

Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond

Faculty Scholarship

No abstract provided.

It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little

Faculty Scholarship

No abstract provided.

An Overview Of Special Populations In California Prisons, Eumi Lee

Faculty Scholarship

No abstract provided.

Mr. Pendleton's Rainbows On The Value Of Teaching Abroad, Kate Bloch

Faculty Scholarship

No abstract provided.

State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky

Faculty Scholarship

No abstract provided.

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Prisoners As Human Subjects: A Closer Look At The Institute Of Medicine's Recommendations To Loosen Current Restrictions On Using Prisoners In Scientific Research, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee

Faculty Scholarship

No abstract provided.

Exclude Evidence You Exclude Justice’? A Critical Evaluation Of Israel’S Exclusionary Rule After Issacharov, Binyamin Blum

Faculty Scholarship

No abstract provided.

Brown, Teneille, And Emily Murphy. "Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Emily R. Murphy, Teneille R. Brown

Faculty Scholarship

No abstract provided.

Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts

Faculty Scholarship

No abstract provided.

Criminalizes False Statements About Legislative Acts, Elections, Or Government Employees. Initiative Constitutional Amendment.

Initiatives

Amends constitution to hold candidates for public office, government officials and employees, and members of the media criminally liable for intentionally making a false statement of "material fact" about legislative acts, elections for public office, or the employment or dismissal of government employees. Imposes on violators a 2 to 10 year prison term, a $10,000 to $500,000 fine, or both, and a lifetime ban on serving as a government official or employee, or member of the media. Permits private citizens to criminally prosecute suspected violators. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state …

Hastings (Fall 2009), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae C. Quinn

UC Law SF Journal on Gender and Justice

In this essay, the author describes a childhood and young adulthood shaped by her relationship with her father, a damaged man turned abuser. Ultimately gaining independence and a relative measure of safety after graduating from law school, the author finds herself drawn towards work as a public defender. By learning to advocate for her violent clients without accepting their behavior, the author begins to make peace with her father.

See No Evil: Applying A Labor Lens To Prostitute Organizing, Monica R. Moukalif

UC Law SF Journal on Gender and Justice

This Note examines labor organizing efforts of marginalized labor and, based on that examination, formulates a theory of what the author call "margins-organizing." It then applies that theory to the labor organizing efforts of sex workers. It argues that whatever one's feelings are about sex work itself, the separate work of labor organizing is as similar to and as valid as that of other marginalized workers. The hope is that by bringing sex workers within the margins-organizing lens, that group will be better able to form ties with, learn from, and teach other marginalized labor groups. Part I introduces the …

C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann

UC Law SF Communications and Entertainment Journal

This note examines the friction between the First Amendment and the right of publicity by examining the case of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., a case regarding fantasy league baseball. This note begins by discussing the legacy of the right of publicity, the policy goals that the right of publicity was devised to further, and several different tests that courts have designed to balance the right of publicity with the rights guaranteed by the First Amendment. This note then goes on to illustrate the background of fantasy league baseball and critique the C.B.C. …

The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer

UC Law SF Communications and Entertainment Journal

Would a federal shield law hamper the U.S. Department of Justice's power to combat terrorism and other crimes? Would the law protect the media from the chilling effects of federal subpoenas? Or would the law unwisely grant the already powerful media legal rights denied to other citizens? And who should have the power to decide whether to allow the media to refuse to comply with federal subpoenas? These and similar questions about how power should be distributed among branches of the federal government and the media were at the center of the Congressional hearings and debate on the proposed federal …

The Importance Of Teaching Law And The Reinforcement Of The Judiciary System In Haiti, Jomanas Eustache

UC Law SF International Law Review

This article is a reflection on the inseparable binome "Law and Justice." The concepts of Law and Justice are so intertwined that the absence or weakness of either can lead to impunity and finally to a lack of peace in society. Unfortunately, some behavior, misconduct, or practices, are mainly facilitated by the malfunction of the judicial system. This can be seen all too clearly in the situation in Haiti. This article highlights the urgency of the situation and the need for all interested sectors and individuals to act swiftly, legally, and with firmness to ensure and strengthen the basis of …

Voter Information Guide For 2009, Special Election

Propositions

No abstract provided.

Cgrs Annual Report 2009, Uc Hastings Center For Gender & Refugee Studies

Center for Gender & Refugee Studies

No abstract provided.

A Law Of No Gods, No Masters - Developing And Defending A Participatory Legal System, Matt Halling

UC Law SF International Law Review

This note develops and analyzes a new legal vision consistent with recent activist literature about a participatory society. A participatory society (in this note) consists of collectively owned property, a decentralized state, and attempts to maximize citizen participation in politics. Rather than nation states, society is structured as a federation of councils deliberating and coordinating with each other to solve political issues. Participatory society's structure demands a "participatory law" be developed to manage it, and this note attempts to develop the overarching features of such a system. Once the basic legal model is outlined, the article then looks for comparisons …

The End Of Peremptory Challenges: A Call For Change Through Comparative Analysis, Amy Wilson

UC Law SF International Law Review

Lawyers use peremptory challenges to create partial juries. United States Supreme Court precedent has shown the Court's willingness to limit some blatantly discriminatory uses of the right to peremptory challenges. However, the use of peremptory challenges in jury voir dire is inherently discriminatory. Merely limiting the use of peremptory challenges is not sufficient. This note discusses how jury selection is treated in the United Kingdom. The analysis is specifically focused on the abolition of peremptory challenges in the United Kingdom and uses the experience there to argue for an abolition of their use in the United States as well.

Addressing Judicial Activism In The Indian Supreme Court: Towards An Evolved Debate, Madhav Khosla

UC Law SF International Law Review

The Indian Supreme Court has invited a great deal of interest for its alleged activism and the role that it has begun to play in Indian governance. Recent years have been witness to substantial debate on the Court's functioning, with scholars positing views and raising concerns with considerable passion. This paper analyzes the judicial activism discourse in the Indian Supreme Court by focusing on the contributions of Professor Upendra Baxi. It argues that, despite the attention the Court has received on the question of judicial activism, the debate in this area has, for the most part, failed to engage with …

Law Across Borders: What Can The United States Learn From Japan, Eric A. Feldman

UC Law SF International Law Review

No abstract provided.

Coding Complexity: Bringing Law To The Empirical Analysis Of The Supreme Court, Carolyn Shapiro

UC Law Journal

In recent years, the legal academy has experienced a surge of interest in quantitative empirical analysis. Unfortunately, this enthusiasm has not always been accompanied by careful analysis of what the tools and resources of quantitative analysis can tell us about law and legal doctrine. As this Article demonstrates, the findings of some studies therefore unwittingly reflect the limitations of those tools and resources rather than providing insight into the workings of courts.

Specifically, this Article provides a long-overdue critical analysis of the most influential source of data about the Supreme Court, the Original Supreme Court Database, created by political scientist …

Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment, And Adult Process, Jenny E. Carroll

UC Law Journal

This Article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates its tenth anniversary this year. It builds on the Author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt. Apprendi requires that any fact authorizing a sentence higher than the otherwise applicable statutory maximum must be found by a jury using a beyond a reasonable doubt standard. This tenet applies directly to juvenile …