Digital Commons Network^™

State Bar Of California, Lauren Holappa, Angela O’Hara

California Regulatory Law Reporter

No abstract provided.

Black Boarding Academies As A Prudential Reparation: Finis Origine Pendet, Roy L. Brooks

Faculty Scholarship

With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (“Black Reparations”) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil rights society. Reparatory strategies typically target the norms and structures that sustain racial disadvantage wrought by slavery and Jim Crow. The goal of such transitional reparations is to extinguish the menace of white supremacy and systemic racism across the board. Restructuring in housing, education, employment, voting, law enforcement, health care, and the environment—social transformation—is absolutely needed in the …

2022-2023 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

How Fashion And Fast Food Create A Perfect Learning Combo: A Class Exercise In Ethics, Freedom Of Speech, And Intellectual Property, Rebecca Nieman

School of Business: Faculty Scholarship

No abstract provided.

Advocate, Fall 2022, Office Of Development And Alumni Affairs, University Of San Diego School Of Law

Advocate

No abstract provided.

Inequality Of Deservingness, Ariel Jurow Kleiman

The Journal of Contemporary Legal Issues

This Essay explores how the U.S. tax system—the primary mechanism for distributing antipoverty cash benefits—is poorly suited to evaluating recipients’ deservingness. In doing so, it defines and formalizes the concept of inequality of deservingness, which is dyadic in nature. The first form of such inequality is that of “true deservingness.” True deservingness is somewhat abstract, arising from the distributive justice frameworks that underlie antipoverty program design in the United States. In Part II, the Essay briefly describes the major federal U.S. antipoverty programs, which mostly target support to families with children, people with disabilities, and workers. Working backwards, I then …

State Bar Of California, Andrea Lavelle, Ian Ross, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

65th University Of San Diego School Of Law Commencement Program, 2022, University Of San Diego School Of Law

Commencement Programs

No abstract provided.

Advocate, Spring 2022, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

State Bar Of California, Andrea Lavelle, Ian Ross, Bridget Fogarty Gramme, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, James Lanham, Bridget Fogarty Gramme, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Immigration E-Carceration: A Faustian Bargain, Mary Holper

San Diego Law Review

A new wave of federal court litigation has required immigration judges to consider alternatives to immigration detention in bond hearings. Although alternatives to detention can take many forms, the most common is electronic monitoring. Immigration detainees and their advocates now find themselves asking to trade the physical walls of jail for virtual walls, begging for a different type of punishment and control. Electronic monitoring imposes pain, shame, arbitrary rules, and limitation of freedom on persons, causing many to experience it as punitive. Its use also facilitates replacing a regime of over-detention with one of over-supervision and becomes the means by …

These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer

San Diego International Law Journal

Children throughout the world are fleeing home situations of violence and seeking safety in the United States. Some children begin their migration with their families, only to find that some family members do not survive the journey, while others are separated by the United States government upon arrival. Some children are so driven by fear and desperation that they flee without family at all. Alone in the United States, unaccompanied children are a hyper vulnerable population. Exacerbating matters, upon encountering law enforcement, they are locked and contained within “secure facilities,” or detention centers. What can be done to aid detained …

2021-2022 School Of Law Academic Honors & Awards, University Of San Diego School Of Law

Academic Honors and Awards

No abstract provided.

Vista: November 11, 2021, University Of San Diego

USD Vista (1965-)

No abstract provided.

(Un)Supervised Student Practice, Gillian R. Chadwick

San Diego Law Review

Law student practice is a powerful pedagogical tool that must be wielded judiciously. At its best, student practice coalesces a student’s professional values and prepares that student to become a competent, compassionate, and confident lawyer. However, the current regime of state student practice rules, rooted in the American Bar Association’s (ABA) model rule, undermines the integrity of student practice in several crucial ways. In most states, students are authorized to practice law without meaningful oversight by law schools, and supervisors need not complete any special training. Supervisors are not universally required to accompany students to court, even when students are …

Saving Class Members From Counsel, Jeremy Kidd, J.D., Ph.D., Chas Whitehead, J.D.

San Diego Law Review

The U.S. class action regime is supposed to obtain justice for victims and hold wrongdoers accountable. Instead, the system is filled with pathologies that combine to harm class members and allow defendants to minimize their responsibility. Victims are deprived of their property and due process rights. Adding insult to injury, the modern movement towards cy pres settlements also deprives victims of their free speech rights. Cy pres was borrowed from the law of trusts, but its use in class actions is unjustified. It is leading to greater corruption and collusion, opening the door to significant rent seeking. Most reform proposals …

Catch Up Capta: Amending Capta To Guarantee Children Legal Counsel In Dependency Proceedings, Taylor Needham

San Diego Law Review

This Comment will address children’s constitutional right to have legal counsel in dependency proceedings. Dependency proceedings include the entire dependency process, from the moment the child is removed from the parent’s custody until the child returns home or ages out of the foster care system. This Comment will not address the constitutional rights of parents to have legal counsel or the constitutional rights of children in private custody or other family law matters. Nor will it address the type of legal representation that children should receive.

While this Comment argues that all children have a constitutional right to legal counsel …

Usd Magazine Fall 2021, University Of San Diego

University of San Diego Magazine (1992- )

Torero News; Torero Athletics; Not Just Business as Usual; Our Job is to Serve Others; Celebrating the Class of '61; Class Notes

State Bar Of California, Kirstin Jensvold-Rumage, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Legal Obstacles Of Detainees In For-Profit Immigration Detention Facilities, Catalina Miller-Booth

Undergraduate Honors Theses

In an effort to reshape the US correctional system, one of President Joe Biden’s first executive orders ended future contracts between the Department of Justice (DOJ) and private prison corporations. Symbolic at best, this left in place the biggest money-maker of the private prison system, private immigration detention facilities. The contracts that guide US Immigration and Customs Enforcement (ICE) facilities favor profit over detainee well-being. This research showcases the poor quality of private immigration detention facilities with a focus on access to legal representation. With financial and physical barriers preventing detainees from receiving legal help, the US detention system works …

64th University Of San Diego School Of Law Commencement Program, 2021, University Of San Diego School Of Law

Commencement Programs

No abstract provided.

State Bar Of California, Kirstin Jensvold-Rumage, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Juan M. Villalvazo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Connor Greth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

2021 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Advocate, Fall 2020, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

California's Civil Grand Juries And Prison Conditions 2007-2017, Nkem Adeleye, Anne Richardson Oakes, Julian Killingley

San Diego Law Review

In this Article we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007–2017 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight, but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of its statutory duties.

The Current Anxiety About Jd Advantage Jobs: An Analysis, Susan D. Carle

San Diego Law Review

This Article will proceed in three parts. Part II provides background on how major changes in politics, economics, social organization, and conceptions of law produce change in the work lawyers do. Section II.A examines earlier eras and Section II.B situates the current changes taking place in the legal profession in this history of transformation. Section II.C examines current anxiety about JD Advantage jobs and Section II.D locates this anxiety in the forces currently producing change in how law work is organized.

Part III then undertakes a detailed empirical assessment of the publicly available data on the growth in JD Advantage …