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Articles 61 - 90 of 1339
Full-Text Articles in Entire DC Network
Reproducing Inequality: Racial Capitalism And The Cost Of Public Education, Thalia Gonzalez, Paige Joki
Reproducing Inequality: Racial Capitalism And The Cost Of Public Education, Thalia Gonzalez, Paige Joki
Faculty Scholarship
American democracy is marked by an unwavering deployment of racialized economic modalities of fines, fees, and debt aimed at scaffolding hierarchies of white power and prescribing Black people as commodities, not human beings. Over the last two decades, an expanding praxis in the economic justice field has emerged, opposing and disrupting racialized economic logics within a national anti-fine, fee and cost movement. From scholarly discourse to legal interventions and reforms at city- and county-levels, the movement has sought to target interlocking material and ideological forces that comprise racial capitalist geographies across many criminal and civil systems. Despite this significant work, …
“Cancel Culture” And Criminal Justice, Steven Arrigg Koh
“Cancel Culture” And Criminal Justice, Steven Arrigg Koh
UC Law Journal
This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …
A Good “Idea” With No Clear Plan: The Lack Of Uniformity In Evaluating Compliance With The Idea’S Least Restrictive Environment Provision Has Led To Arbitrary Segregation Of Children With Disabilities Across The United States, Alexis Cherry
UC Law SF Journal on Gender and Justice
The Individuals with Disabilities Education Act (“IDEA”) states that students with disabilities are to be provided with a free appropriate public education in the least restrictive environment. Despite this requirement, children with disabilities continue to face segregation in the education system across the country. Although there have been several lawsuits regarding proper placement of children with disabilities, the United States Supreme Court refuses to establish a uniform standard for lower courts to adopt. As a result, there are currently four different approaches—employed across ten different circuits—on how to determine whether a child has been placed in the least restrictive environment. …
Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom
Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom
UC Law Journal
Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically significant disparities—do not establish an equal protection violation without a showing of “purposeful discrimination.” The California Racial Justice Act (CRJA), enacted in 2020 and further amended in 2022, introduced a first-of-its-kind test for actionable racial disparity even in the absence of a showing of intent, allowing for relief when the “totality of the evidence demonstrates a significant difference” in charging, conviction, or sentencing across racial groups when compared to those who are “similarly situated” …
Comparing Reasons For Hate Crime Reporting Using Racialized Legal Status, Pamela Ho
Comparing Reasons For Hate Crime Reporting Using Racialized Legal Status, Pamela Ho
UC Law Journal
In the past decade, Latinxs and Asians in the United States have experienced an increase in hate crime victimization. Previous research has identified correlations between hate crime reporting and race. However, few statistical studies examine the intersection of race, immigration status, and hate crime reporting. This Note explores how racialized legal status applies to Latinx and Asian communities respectively and how racialized legal status affects a hate crime victim’s decision to report the crime to police. This Note then sets forth some recommendations for increasing hate crime reporting rates by Latinx and Asian victims.
Ai Proctoring: Academic Integrity Vs. Student Rights, Samantha Mita
Ai Proctoring: Academic Integrity Vs. Student Rights, Samantha Mita
UC Law Journal
Advancements in artificial intelligence (“AI”) and machine learning have found their way into the classroom. The use of artificial intelligence proctoring services (“AIPS”) has risen over the past few years with little consideration for the legal and ethical consequences of their implementation. Issues such as invasion of privacy and bias often get overlooked in favor of preconceived notions of fairness and infallibility associated with the concepts of AI and machine learning. These ethical concerns are especially magnified if AIPS are used in a K-12 setting. This Note, through a lens of AI ethics, recommends a two-pronged approach that creates an …
Can Restorative Justice Transform School Culture In California? Qualitative Research Shines A Little Light, Mary L. Frampton
Can Restorative Justice Transform School Culture In California? Qualitative Research Shines A Little Light, Mary L. Frampton
UC Law SF Journal on Gender and Justice
No abstract provided.
Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman
Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman
UC Law SF Journal on Gender and Justice
No abstract provided.
Community Accountability, M. Eve Hanan, Lydia Nussbaum
Community Accountability, M. Eve Hanan, Lydia Nussbaum
UC Law SF Journal on Gender and Justice
No abstract provided.
Impact Jurisdiction & Structural Investigations: The Key To The United States Prosecuting Human Rights Violators, Nick Wiley
UC Law Journal
Since the turn of the century, there has been an exponential rise in forcibly displaced persons and human rights violations. This rise has coincided with a series of acts that have removed the United States as a global leader in the fight for human rights. When President Biden took office, he stated his goal of returning the United States to being the global moral authority leader. To achieve this goal, the Biden Administration implemented a plan to address the human rights violations in Central America that are driving forcibly displaced persons to the U.S.-Mexico border seeking asylum. The plan, however, …
Legal Violence And Restorative Justice, Julie Shackford-Bradley
Legal Violence And Restorative Justice, Julie Shackford-Bradley
UC Law SF Journal on Gender and Justice
No abstract provided.
When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi
When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi
UC Law Journal
The dire state of the prison population in the United States has become common knowledge both at home and abroad. Mass incarceration in the United States has been caused by nearly four decades of retributive criminal justice policies that do little to reduce crime. This mass incarceration imposes a multitude of costs on American society, both financially and socially. Furthermore, congressional goals to reduce crime rates are necessarily undermined by punitive policies at the federal level. The history of California’s penal system during the same time frame parallels the federal history. Yet in 2017, California began to remedy this history …
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
UC Law Constitutional Quarterly
The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi
UC Law SF Communications and Entertainment Journal
Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …
The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler
The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler
UC Law Science and Technology Journal
Not only is Artificial Intelligence (AI) present everywhere in people’s lives, but the technology is also now capable of making unpredictable decisions in novel situations. AI poses issues for the United States’ traditional criminal law system because this system emphasizes mens rea’s importance in determining criminal liability. When AI makes unpredictable decisions that lead to crimes, it will be impractical to determine what mens rea to ascribe to the human agents associated with the technology, such as AI’s creators, owners, and users. To solve this issue, the United States’ legal system must hold AI’s creators, owners, and users strictly liable …
Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan
Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan
UC Law Journal of Race and Economic Justice
No abstract provided.
Capital Punishment For Latine Populations, Morgan Zamora
Capital Punishment For Latine Populations, Morgan Zamora
UC Law Journal of Race and Economic Justice
No abstract provided.
Carceral Control: A Nationwide Survey Of Criminal Court Supervision Rules, Kate Weisburd
Carceral Control: A Nationwide Survey Of Criminal Court Supervision Rules, Kate Weisburd
Faculty Scholarship
The day-to-day operation of criminal court supervision—including probation, parole, and electronic ankle monitoring—is understudied and undertheorized. To better understand the mechanics of these systems, this study comprehensively analyzes the rules governing people on criminal court supervision in the United States. Drawing on the analysis of 187 public records from all fifty states, this study documents how criminal court supervision functions and impacts daily life. In particular, this study examines the various ways that supervision rules limit or restrict privacy, bodily autonomy, liberty, dignity, speech, and financial independence. This study also explores the nature and prevalence of supervision rules across the …
Federal Nonenforcement At A Crossroads, Zachary Price
Federal Nonenforcement At A Crossroads, Zachary Price
Faculty Scholarship
As a novel aspect of “presidential administration”—the president- centered approach to federal governance discussed in a 2001 article by then-Professor and future Supreme Court Justice Elena Kagan—broad federal nonenforcement policies have been a major source of controversy in the past decade. As illustrated by the Obama Administration’s ex- pansive nonenforcement policies relating to marijuana, immigration, and Affordable Care Act implementation, recent presidents have recog- nized nonenforcement’s potential to reshape statutory law to suit an administration’s policy aims. This Article takes stock of this develop- ment as it relates to the past three presidential administrations. While advocating a limited view of …
Criminal Law: Cop Tracing, Jonathan Abel
Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram
Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram
The Judges' Book
No abstract provided.
Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez
Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez
Faculty Scholarship
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …
Empowering Victims Of Grand Corruption: An Emerging Trend, Naomi Roht-Arriaza
Empowering Victims Of Grand Corruption: An Emerging Trend, Naomi Roht-Arriaza
Faculty Scholarship
Who is the victim of systemic corruption? The traditional answer in law is everyone and no one, or public administration itself. When state funds are misused or go missing, at the most the State is the victim. Therefore, only the State has standing to sue for, or receive restitution of, the stolen assets. But that long-held consensus is changing. Activists and lawyers have begun to argue that under systematic corruption it’s not just states, but individuals and communities as well as society as a whole that suffer losses and need to be both represented and repaired. Courts are beginning to …
Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia Gonzalez
Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia Gonzalez
Faculty Scholarship
No abstract provided.
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia Gonzalez, Mara Schiff
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia Gonzalez, Mara Schiff
Faculty Scholarship
As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …
Rights Violations As Punishment, Kate Weisburd
Rights Violations As Punishment, Kate Weisburd
Faculty Scholarship
Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights—such as the rights to marry, bear children, worship, consult a lawyer, and protest—be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not “cruel and unusual” under the Eighth Amendment? On one hand, such state intrusion on fundamental rights would seem unconstitutional. On the other hand, such intrusions are often less harsh than the restriction of rights inherent in prison. If a judge can sentence someone to life in prison, how can a judge not …
Forensic Linguistics: Science Or Fiction?, Abigail Shim
Forensic Linguistics: Science Or Fiction?, Abigail Shim
UC Law Journal
The history of linguistics is meager and splintered due to the subject’s interdisciplinary nature. In the postwar era, the discipline attempted to revive as a scientific one, spearheaded by Noam Chomsky and his theory of generative grammar. Linguistics consequently broke away from the predominant structuralist approach of the nineteenth century, returning to rationalist roots. But with the rise of computer technology, Chomsky’s critiques of empirical, applicational linguistic approaches have lost their force. As academic linguistics splinters off again, loses its scientific edge, and regroups with the humanities, linguistics applied in the forensic context may implicate more questions than it answers, …
Limiting The Use Of The Categorical Approach And Setting A Statute Of Limitations For Deportation, Viridiana Ordonez
Limiting The Use Of The Categorical Approach And Setting A Statute Of Limitations For Deportation, Viridiana Ordonez
UC Law Journal
The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found in the Immigration and Nationality Act (INA). However, the INA only lists categories and types of crimes that trigger deportation. It is the courts’ responsibility to compare the state criminal statute grounding the conviction with the list provided under the INA. This process is done using the “categorical approach,” which allows courts to make a comparison and determine if a state criminal conviction matches a crime listed in the INA, …