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Articles 241 - 270 of 12006
Full-Text Articles in Entire DC Network
With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.
With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.
Faculty Scholarship
Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …
Board Of Directors Special Meeting - Open Session Book 10/22/2024, Uc Law Sf
Board Of Directors Special Meeting - Open Session Book 10/22/2024, Uc Law Sf
2024 Board of Directors Agenda and Materials
No abstract provided.
Subcommittee On Audit Meeting – Open Session Book 10/15/2024, Uc Law Sf
Subcommittee On Audit Meeting – Open Session Book 10/15/2024, Uc Law Sf
2024 Board of Directors Agenda and Materials
No abstract provided.
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
UC Law Constitutional Quarterly
In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff
Center for Racial and Economic Justice
No abstract provided.
Editor-In-Chief’S Foreword, Megan Stupi
Editor-In-Chief’S Foreword, Megan Stupi
UC Law Constitutional Quarterly
No abstract provided.
The Ninth Circuit’S Rfra Standard Of “Substantial Burden” As Applied To Native American Sacred Sites, Erik Renner
The Ninth Circuit’S Rfra Standard Of “Substantial Burden” As Applied To Native American Sacred Sites, Erik Renner
UC Law Constitutional Quarterly
This paper focuses on the Ninth Circuit’s understanding of the “substantial burden” standard under RFRA as it is applied to Native American sacred site cases. This paper looks at the old Ninth Circuit’s standard as set out in Navajo Nation, and its new standard as set out in Apache Stronghold. By understanding how the courts, specifically the Ninth Circuit, have limited their definition of the “substantial burden” under RFRA in sacred site cases, this paper will argue that the standard should be expanded to include “preventing religious exercise.” This expansion of what is a “substantial burden” under RFRA will better …
Advancing Academic Freedom Through State Constitutional Protections, Karlie M. Bischoff
Advancing Academic Freedom Through State Constitutional Protections, Karlie M. Bischoff
UC Law Constitutional Quarterly
No abstract provided.
The Unbearable Inevitability Of Content Regulation, Jerome O’Callaghan
The Unbearable Inevitability Of Content Regulation, Jerome O’Callaghan
UC Law Constitutional Quarterly
No abstract provided.
The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth
The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth
UC Law Constitutional Quarterly
This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle. Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …
How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara
How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara
UC Law Constitutional Quarterly
Our Founders specifically identified education as necessary to economic success and full participation in our democracy and society. However, the Supreme Court held in San Antonio Independent School District v. Rodriguez that education in America is not a constitutional right; instead, it is a commodity that few can afford. Then, in 2023, Biden v. Nebraska exposed the direct result of that ruling: the average American––regardless of their disability status––struggles to pay back their student loans, even when they have a well-paying job. The student debt crisis significantly impacts the economic future of students with disabilities, who make on average sixty-six …
Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada
Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada
UC Law Constitutional Quarterly
While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …
Executive Power And Patronage: Lessons From Puerto Rico, Stephen A. Plass, Naomy M. Rivera
Executive Power And Patronage: Lessons From Puerto Rico, Stephen A. Plass, Naomy M. Rivera
UC Law Constitutional Quarterly
Conservatives have made reforming the civil service a top priority, and this was exemplified by former President Donald Trump’s open opposition to job protections that federal civil servants enjoy. President Trump and others who advance a unitary executive theory, pledged to reshape the civil service by amassing appointment, disciplinary and removal powers in the president, although this would make a patronage system more feasible. To this end, President Trump issued an executive order that exposed many career federal civil service workers to a spoils system. This came on the heels of other executive orders that reduced existing workplace protections for …
Board Of Directors Quarterly Meeting - Open Session Book 09/13/2024, Uc Law Sf
Board Of Directors Quarterly Meeting - Open Session Book 09/13/2024, Uc Law Sf
2024 Board of Directors Agenda and Materials
No abstract provided.
Board Of Directors Quarterly Meeting - Open Session Book(1) 09/13/2024, Uc Law Sf
Board Of Directors Quarterly Meeting - Open Session Book(1) 09/13/2024, Uc Law Sf
2024 Board of Directors Agenda and Materials
No abstract provided.
Meeting Of The Executive Committee - Open Session Book 08/19/2024, Uc Law Sf
Meeting Of The Executive Committee - Open Session Book 08/19/2024, Uc Law Sf
2024 Board of Directors Agenda and Materials
No abstract provided.
Draft_Uccollegeoflaw_Lrcp_Eir_Certificationhearings_082224, Uc Law Sf
Draft_Uccollegeoflaw_Lrcp_Eir_Certificationhearings_082224, Uc Law Sf
Long Range Campus Planning Archive
No abstract provided.
Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp Bod 08/22/2024, Uc Law Sf
Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp Bod 08/22/2024, Uc Law Sf
Long Range Campus Planning Archive
No abstract provided.
Uclawsf_Lrcp_Goldengate_Final_Eir Bod 08/22/2024, Uc Law Sf
Uclawsf_Lrcp_Goldengate_Final_Eir Bod 08/22/2024, Uc Law Sf
Long Range Campus Planning Archive
No abstract provided.
Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp, Uc Law Sf
Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp, Uc Law Sf
Long Range Campus Planning Archive
No abstract provided.
Why Do In-State Plaintiffs Invoke Diversity Jurisdiction?, Scott Dodson
Why Do In-State Plaintiffs Invoke Diversity Jurisdiction?, Scott Dodson
Faculty Scholarship
The traditional rationale of federal diversity jurisdiction is to protect out-of-state parties from the risk of an appearance of state-court bias in favor of an in-state adversary. Yet a strikingly high percentage—more than 50 percent—of original domestic-diversity cases are filed by in-state plaintiffs. Why these in-state plaintiffs invoke diversity jurisdiction is a question that has largely been ignored in the literature. Drawing on docket data and an original dataset based on responses to a survey sent to more than twelve thousand attorneys who represented in-state plaintiffs in domestic-diversity cases, I find that these plaintiffs can be grouped into roughly three …
Bowling With Bumper Rails: How Firearms Examiners Have Duped The Courts And Generated Low Error Rates Only By Avoiding Challenging Comparisons, Richard E. Gutierrez
Bowling With Bumper Rails: How Firearms Examiners Have Duped The Courts And Generated Low Error Rates Only By Avoiding Challenging Comparisons, Richard E. Gutierrez
UC Law Journal
No abstract provided.
Black Equal Citizenship And Residential Segregation In The Supreme Court’S Race Jurisprudence, Gabriel J. Chin
Black Equal Citizenship And Residential Segregation In The Supreme Court’S Race Jurisprudence, Gabriel J. Chin
UC Law Journal
No abstract provided.
The Racial Triangulation Of Asian American Achievement, Vinay Harpalani
The Racial Triangulation Of Asian American Achievement, Vinay Harpalani
UC Law Journal
This Essay employs Professor Claire Jean Kim’s racial triangulation framework to examine how Asian Americans are racialized via academic achievement. It argues that there are two components to the racial triangulation of Asian American achievement. On one hand, Asian Americans are valorized as a “model minority”. We are praised for our achievement and cast as a model for other groups of people of color to follow. This ignores both the different histories of oppression that various groups of color have faced and the vast diversity of experiences among Asian Americans. But on the other hand, Asian Americans are also viewed …
The Kkk, Immigration Law And Policy, And Donald Trump, Kevin Johnson
The Kkk, Immigration Law And Policy, And Donald Trump, Kevin Johnson
UC Law Journal
Many Americans know the Ku Klux Klan (KKK) for its horrific acts of violence directed at African Americans. Although generally overshadowed by that violence, the KKK’s vilification of other groups, including immigrants and religious minorities, long has been central to its quest for white Anglo-Saxon supremacy. This Essay analyzes the enduring legacy of the KKK’s immigration philosophy on contemporary American immigration law and politics. Some modern anti- immigrant advocates champion remarkably similar policies to the Klan’s with racial animus on full display. Former President, and the 2024 Republican nominee for President, Donald Trump is an example.
The Importance Of Counting All Immigrants For Apportionment And Redistricting, Tye Rush, Samuel Hall, Matt A. Barreto
The Importance Of Counting All Immigrants For Apportionment And Redistricting, Tye Rush, Samuel Hall, Matt A. Barreto
UC Law Journal
How are non-citizens counted and accounted for in representation? Section 2 of the Fourteenth Amendment requires that all whole persons residing in a state are to be counted for apportionment and districting. Courts have interpreted Section 2’s requirement to include women (before the Nineteenth Amendment), non-citizens, and people under 18 years old. Yet today, some states are attempting to exclude non-citizens from apportionment and representation by using a citizen population calculus. This stands in contrast to more than 225 years of practice and to nearly all modern legal interpretations of representation. In landmark 1960s cases such as Wesberry v. Sanders …
Political Representation And Economic Rights In The Shadows Of Citizenship, Allison Brownell Tirres
Political Representation And Economic Rights In The Shadows Of Citizenship, Allison Brownell Tirres
UC Law Journal
In recent years, the remarkable movement for the political rights of undocumented youth—the so- called “DREAMers”—has catalyzed a critical conversation about the economic rights of all noncitizens. A growing number of states have amended their laws in response to advocacy by and for this particular group of noncitizens. This Essay situates this modern legal development in a broader conceptual and historical frame. It reflects on the relationship between economic rights and political aspirations in this movement, as well as in two other key legal developments in immigration history: the passage of anti-Asian alien land laws in the 1910s and 1920s, …
Weep The People, Leti Volpp