Digital Commons Network^™

Vision, Abstraction, And Socio-Economic Reality, Johannes F. Nijboer

UC Law Journal

No abstract provided.

"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane

UC Law Journal

No abstract provided.

Hearsay Hazards In The American Criminal Trial: An Adversary-Oriented Approach, Gordon Van Kessel

UC Law Journal

No abstract provided.

Character At The Crossroads, Roger C. Park

UC Law Journal

No abstract provided.

A Wigmorian Defense Of Feminist Method, Katharine K. Baker

UC Law Journal

No abstract provided.

The Social Worker's Privilege, Victim's Rights, And Contextualized Truth, Myrna S. Raeder

UC Law Journal

No abstract provided.

Abuse Excuses And The Logic And Politics Of Expert Relevance, Andrew E. Taslitz

UC Law Journal

No abstract provided.

State And County Early Childhood Development Programs. Additional Tobacco Surtax.

Initiatives

STATE AND COUNTY EARLY CHILDHOOD DEVELOPMENT PROGRAMS. ADDITIONAL TOBACCO SURTAX. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Creates state commission to provide information and materials and to formulate guidelines for establishment of comprehensive early childhood development and smoking prevention programs. Creates county commissions to develop strategic plans with emphasis on new programs. Creates trust fund for these programs. Funding for state and county commissions and programs raised by additional $.50 per pack tax on cigarette distributors and equivalent increase in state tax on distributed tobacco products. Funds exempt from Proposition 98 requirement that dedicates portion of general tax revenues to schools. Summary …

Hastings Community (Winter 1997), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Complaint-Filing Interviews And The Constitution Of The Organizational Structure: Understanding The Limitations Of Rape Reform, Lisa Frohman

UC Law SF Journal on Gender and Justice

No abstract provided.

Changing Courts In Changing Times: The Need For A Fresh At How Courts Are Run, Judith S. Kaye

Mathew O. Tobriner Memorial Lectures

No abstract provided.

Private Financing Of Criminal Prosectuions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

UC Law Constitutional Quarterly

Government prosecutors have begun accepting, and in some cases soliciting, voluntary contributions from the private sector in order to finance certain types of criminal prosecutions. Such private financing introduces a new tension between society's interest in punishing the guilty and society's interest in equal treatment by government. Private financing of criminal prosecution also raises interesting questions as to whether institutions, as opposed to individuals, can be biased by money.

This Article concludes that private financing in any of its likely forms threatens important equality interests. Part I argues that conflict-of-interest rules provide the only protection for important equality interests implicated …

Mixed Questions And The Scope Of Federal Habeas Review: Consideration Of Miranda Claims In Thompson V. Keohane, Rachel Meyers

UC Law Constitutional Quarterly

Federal habeas corpus review has a long historical tradition, at common law and in the United States. Over time, federal habeas review has expanded to its modern dimensions, which permit lower federal courts to overturn decisions of the states' highest courts. When federal courts review claims raised by state prisoners, the mandate to protect individual constitutional rights competes with other fundamental constitutional values: the promotion of federalism, in the form of respect for state court judgments, finality and fairness.

This Comment analyzes a federal habeas claim of a Miranda violation, a claim which has traditionally been deemed a "mixed question" …

Choosing Federal Judges In The Second Clinton Administration, Carl Tobias

UC Law Constitutional Quarterly

One of the critical responsibilities which the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy life tenure and must resolve disputes which implicate the basic freedoms of America's inhabitants. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office.

When Governor Clinton was campaigning for the presidency in 1992, he promised to name as judges women and men who would be very intelligent, possess …

Allowing Sentence Bargains To Fall Outside Of The Guidelines Without Valid Departures: It Is Time For The Commission To Act, John M. Dick

UC Law Journal

This Note studies the effects that the 1984 Sentencing Reform Act and the Federal Sentencing Guidelines have had on the practice of plea bargaining. In particular, the Note examines how the practice of sentence bargaining has been affected.

The Guidelines state that Rule 11(e) of the Federal Rules of Criminal Procedure continues to govern the acceptance or rejection of plea agreements. On its face, Rule 11 (e) appears to give federal courts the absolute power to accept or reject plea bargain agreements that provide for specific prison sentences. However, the Guidelines also set forth general policy statements concerning the acceptance …

The Client Fraud Problem As A Justinian Quartet: An Extended Analysis, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Changing Courts In Changing Times: The Need For A Fresh Look At How Courts Are Run, Judith S. Kaye

UC Law Journal

In this lecture from the Mathew 0. Tobriner Lecture Series at Hastings College of the Law, Chief Judge Judith S. Kaye urges a broader conception of court administration. She presents 'three concrete solutions to today's court administration problem. One is in the area of criminal justice, the second the family courts, and the third the jury system-three areas of court operations that touch large numbers of citizens. She describes these solutions with the hope that the legal and academic communities, as well as the public, will start to evaluate the efficiency of court administration, because the public deserves and demands …

Resisting "Don't Ask, Don't Tell" In The Licensing Of Lesbian And Gay Foster Parents: Why Openness Will Benefit Lesbian And Gay Youth, Nancy D. Polikoff

UC Law Journal

No abstract provided.

Hastings Law News Vol.30 No.3, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Sentencing. Repeat And Multiple Offenders.

Initiatives

SENTENCING. REPEAT AND MULTIPLE OFFENDERS. INITIATIVE STATUTE. Amends "Three Strikes" statutes to prohibit judges from striking prior convictions when prior was a violent felony, current offense is a serious or violent felony, or current offense was committed within ten years of conviction or release from custody for serious felony, whichever is later. Allows prosecutors discretion in filing prior convictions, but requires filing of reasons; plea bargaining, high caseload or disagreement with statute not authorized reasons. Amends statute to allow multiple punishment for multiple acts with same objective or committed in continuous transaction. Requires sentence for offense with longest prison term. …

Hastings Community (Spring 1996), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

The Burdens And Benefits Of Race In America, Charles J. Ogletree

Mathew O. Tobriner Memorial Lectures

No abstract provided.

Elections. Open Primary.

Propositions

Provides that all persons entitled to vote, including those not affiliated with any political party, shall have the right to vote at any election for any candidate regardless of the candidate's political affiliation. Provides for a single primary ballot on which, under the appropriate title for each office, the names and party affiliations of all candidates are placed randomly and not grouped by political party. Retains separate partisan ballot only for the selection of elective political party committee members by voters of each party. Requires Legislature to conform conflicting statutes. Summary of Legislative Analyst's Estimate of Net State and Local …

Youthful And Adult Offender Local Facilities Bond Act Of 1996.

Propositions

YOUTHFUL AND ADULT OFFENDER LOCAL FACILITIES BOND ACT OF 1996. This act provides for a bond issue of seven hundred million dollars ($700,000,000) to provide funds for construction, renovation, remodeling, and replacement of local juvenile and adult correctional facilities. Appropriates money from state General Fund to pay off bonds. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: General Fund costs of about $1.25 billion to pay off both the principal ($700 million) and interest($550 million) on the bonds. The average payment for principal and interest would be about $50 million per year. Counties would incur …

Proposed Guidelines For Measuring The Propriety Of Armed State Responses To Terrorist Attacks, Sage R. Knauft

UC Law SF International Law Review

Transnational terrorism, politically motivated violence that crosses national boundaries, is a tangible threat to world peace and stability. Terrorists, often acting with the support of other states, have managed to organize themselves into transnational networks capable of striking almost any target in the world. Against this backdrop, Israel and the United States, two high profile targets of terrorist activity, have forwarded a justification for forcible state responses to these attacks. This argument, largely condemned by the international community, equates state-supported terrorist attacks with "armed attacks" which trigger a state's right to forcible self-defense under Article 51 of the United Nations …

Good Kids, Bad Kids: A Revelation About The Due Process Rights Of Children, Cecelia M. Espenoza

UC Law Constitutional Quarterly

In the case of Reno v. Flores, the United States Supreme Court held that the indefinite detention of unaccompanied, immigrant children without a mandatory hearing before an immigration judge did not violate the children's substantive or procedural due process rights. To fully examine the procedural and substantive due process rights of these children, the Article engages in an analysis of children's due process rights in general, and then places the Reno v. Flores decision in context.

Understanding Affirmative Action, David Benjamin Oppenheimer

UC Law Constitutional Quarterly

This Article describes the law and practice of affirmative action under the United States Supreme Court's new restrictive rules, and presents the details of over one hundred studies demonstrating the prevalence of discrimination against women and minorities in the areas of education, employment, housing, health care, economic growth, wealth and poverty, and in the operation of the criminal justice system. Following a discussion of the law and practice of affirmative action and the psychology of discrimination, this Article presents results of studies demonstrating that public education throughout America is largely segregated, with minority children attending vastly inferior schools. It reports …

Words Of Warning For Prosecutors Using Criminals As Witnesses, Stephen S. Trott

UC Law Journal

In this Article, Judge Trott offers a step-by-step guide to avoiding the many pitfalls facing prosecutors using criminals as witnesses. Because prosecutors cannot choose the company that criminals keep, they must frequently be prepared to deal with snitches, accomplices, and informants in making a case against a defendant. These witnesses frequently have the best, first-hand knowledge of the defendant's criminal activities to offer. However, because of their inherent conflicts of interest, these witnesses can sometimes ruin a case rather than support it.

Using newspaper reports from around the country, Judge Trott illustrates how criminal witnesses can turn an otherwise strong …

Reverse Racism: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

UC Law Constitutional Quarterly

In this Essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

The Client Fraud Problem A Justinian Quartet, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.