Digital Commons Network^™

After The Independent Counsel Act: Where Do We Go From Here?, James K. Robinson

UC Law Journal

No abstract provided.

The Education Crisis For Children In The California Juvenile Court System, Kathleen Kelly

UC Law Constitutional Quarterly

In all the debate about the burgeoning number of youth incarcerated in California juvenile justice systems or living in foster care because of abuse and neglect, few have recognized the growth of an immense and insidious crisis affecting the children supervised by the juvenile court. The crisis lies in the overwhelming number of children - court dependents and delinquents alike - who suffer from educational deficiencies and disabilities. This Article addresses the educational needs of both juvenile delinquents and dependents (victims of child abuse and neglect). Next, it explores numerous legal avenues to tackle this crisis, which includes relying on …

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

UC Law SF Journal on Gender and Justice

The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …

Monstrous Offenders And The Search For Solidarity Through Modern Punishment, Joseph E. Kennedy

UC Law Journal

In this article, Professor Kennedy examines the tremendous increase in the severity of punishment in America in recent decades. He posits that criminal punishment has come to serve as a new civic religion of sorts for a society worried about its ability to cohere. The depth of our anxieties about our social solidarity, Kennedy argues, expresses itself in our monstrous conceptions of crime and in the corresponding severity of our punishment. His conclusion is that crime has come to serve as a rallying cry for a divided and insecure society, and that individuals and groups try to use punishment and …

Beyond Relevant Conduct--The Federal Sentencing Commission's (In)Discretion: How U.S.S.G. Section 2g2.2(B)(4) Illustrates The Future Of The Sentencing Guidelines, Rebecca Poate

UC Law Journal

This Note explores the aftermath of the creation of the Federal Sentencing Guidelines and the choice to include relevant conduct as a sentencing criteria. It argues that peculiar, unintended consequences have largely been the result of this attempted reform. The inclusion of relevant conduct, despite its debatable connection to congressional intent, combined with a statute left over from pre- Guideline sentencing that mandates rampant judicial discretion at sentencing, has allowed the disparity-producing sentencing of old to creep back into the post-Guideline world. This time, however, the wide-ranging discretion to consider virtually any conduct at sentencing is comfortably hidden behind the …

From Watergate To Generation Next: Opening Remarks, Rory K. Little

UC Law Journal

No abstract provided.

The Independent Counsel Act, Kenneth W. Starr

UC Law Journal

No abstract provided.

Reflections On The Legacy Of Watergate, Richard Ben-Veniste

UC Law Journal

No abstract provided.

From Watergate To Generation Next: Opening Remarks, Rory K. Little

Faculty Scholarship

No abstract provided.

Robert Lee Carter Continuing The Struggle For Civil Rights, Frank H. Wu

Faculty Scholarship

No abstract provided.

Protecting Children: Explaining Disparities In The Female Offender's Pretrial Process, And Policy Issues Surrounding Lenient Treatment Of Mothers, Sean B. Berberian

UC Law SF Journal on Gender and Justice

No abstract provided.

In The Padded Closet: Thoughts On A Secret Life, Naomi A. Himmelhoch

UC Law SF Journal on Gender and Justice

No abstract provided.

Hastings Community (Spring 1999), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Getting A Grip On Payne And Restricting The Influence Of Victim Impact Statements In Capital Sentencing: The Timothy Mcveigh Case And Various State Approaches Compared, Niru Shanker

UC Law Constitutional Quarterly

In the 1980's the Supreme Court barred the use of victim impact evidence at capital sentencing hearings as violative of the Cruel and Unusual Punishment clause. The Court reversed itself in Payne v. Tennessee, holding that the Eighth amendment erects no per se bar to victim impact evidence. Such evidence can be properly introduced if it is does not so inflame and prejudice the jury as to render the trial fundamentally unfair. Unfortunately, the Court did not provide any guidance to the lower federal and state courts to use in making that determination. There exists a risk, therefore, that many …

The Effect Of International Court Of Justice Decisions On Municipal Courts In The United States: Breard V. Greene, Sanja Djajic

UC Law SF International Law Review

The relationship between international and municipal law is complex and continually developing. One way to analyze this issue is to observe the interaction between domestic courts and the International Court of Justice. These two types of courts may entertain identical claims.

This article analyzes whether there is any correlation between the two types of courts, and the character of this correlation if there is one. Through an examination of Breard v. Greene, this article will examine the attitudes of United States courts toward the enforceability and the legally binding character of International Court of Justice decisions. This article will also …

Sex Work And Feminism: Building Alliances Through A Dialogue Between Siobhan Brooks And Professor Angela Davis, Siobhan Brooks

UC Law SF Journal on Gender and Justice

No abstract provided.

A First Hand Look At The San Francisco Task Force Report On Prostitution, Carol Leigh

UC Law SF Journal on Gender and Justice

No abstract provided.

For Their Own Good: The Results Of The Prostitution Laws As Enforced By Cops, Politician And Judges, Norma Jean Almodovar

UC Law SF Journal on Gender and Justice

No abstract provided.

Shining The Spotlight On Johns: Moving Toward Equal Treatment Of Male Customers And Female Prostitutes, Julie Lefler

UC Law SF Journal on Gender and Justice

No abstract provided.

What's Wrong With Prostitution? What's Right With Sex Work? Comparing Markets In Female Sexual Labor, Elizabeth Bernstein

UC Law SF Journal on Gender and Justice

No abstract provided.

"A Million Dollars And An Apology": Prostitution And Public Benefit Claims, Margaret A. Baldwin

UC Law SF Journal on Gender and Justice

No abstract provided.

The Rights To A Fair Trial And To Examine Witnesses Under The Spanish Constitution And The European Convention On Human Rights, Dennis P. Riordan

UC Law Constitutional Quarterly

In the wake of the death of dictator Francisco Franco in 1975, Spain enacted a new Constitution containing extensive procedural rights for criminal defendants, thereby in theory moving its justice system closer to the adverserial model of criminal trials long established in common law countries. In the years immediately following the passage of the 1978 Constitution, however, criminal proceedings continued to be inquisitorial in nature, especially in cases involving politically-charged allegations of domestic terrorism.

In this article, the author tracks one such case that had a dramatic impact on the Spanish legal system. Following their conviction for participating in a …

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

UC Law Journal

No abstract provided.

Scared To Death: The Separate Right To Counsel At Capital Sentencing, John E. Spomer Iii

UC Law Constitutional Quarterly

To date, a separate right to counsel at the penalty phase of a capital trial is not recognized as fundamental under the Sixth Amendment right to counsel provision. This Note addresses a capital defendant's constitutional right to have a separate attorney represent him during the sentencing stage. The Supreme Court, in several significant holdings, has stepped towards recognizing this right. The Court has held that the right to counsel applies to capital trials and to all critical stages therein. It also has held that the right to effective assistance of counsel applies at the sentencing phase of these trials and …

Duet: Prostitution, Racism And Feminist Discourse, Vednita Carter, Evelina Giobbe

UC Law SF Journal on Gender and Justice

No abstract provided.

After Legal Aid Is Abolished, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

The Judicial Politics Of White Collar Crime, J. Kelly Strader

UC Law Journal

White collar crime cases produce a curious paradox in Supreme Court jurisprudence: in a substantial number of the Court's leading white collar criminal cases, ranging from insider trading to political corruption cases, the "liberal" justices have voted to affirm convictions, and the "conservative" justices to reverse them. Even more frequently, these cases have produced strange alliances among the liberals and conservatives, who rarely split into such groupings in non-white collar criminal cases. And it is not merely votes and alliances that change in white collar cases; judicial philosophies, attitudes, and rhetoric transmogrify into a veritable twilight zone of Supreme Court …

On The Received Wisdom In Federal Courts, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Domestic Violence And Children: Analysis And Recommendations, Lois A. Weithorn, Lucy S. Carter, Richard E. Behrman

Faculty Scholarship

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

Faculty Scholarship

No abstract provided.