Digital Commons Network^™

Can Checklists About Eyewitness Factors Reduce Eyewitness Error?, Jenny Rea

Theses and Dissertations

No abstract provided.

Developing A Social Justice Curriculum: Intersections Of Identity, Community, Inheritance And Experience, Melissa Rae Goodnight

College of Education Theses and Dissertations

Social justice is a frequently employed concept in the development of classroom curriculum and discussion of instructional practice in schools. This study documents the process undergone by two public high school educators to create a social justice curriculum. The study data is comprised of semi-structured interviews, classroom observations and a document analysis of curricular texts. The research goal is to gain a broader understanding of how educators’ values, life experiences, and political motivations impact the content and intended outcomes of curriculum for social justice. The data collection and analysis emphasize the educators’ voices as they reflect on: 1) how they …

Perspectives On International Criminal Justice, M. Bassiouni

College of Law Faculty

No abstract provided.

Perspectives On International Criminal Justice, M. Bassiouni

College of Law Faculty

No abstract provided.

The Promise And Pitfalls Of Neuroscience For Criminal Law And Procedure, Susan Bandes

College of Law Faculty

No abstract provided.

Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean Mcgrane

Michigan Law Review

In the days following Hurricane Katrina, as lawlessness and violence spread throughout New Orleans, the White House considered invoking the Insurrection Act so that members of the U.S. military could legally perform law enforcement functions inside the flooded city. This Note contends that the White House's decision not to invoke the Act was substantially driven by federalism concerns-in particular, concerns about intruding on Louisiana's sovereignty. But, this Note further contends, in focusing so heavily on these state sovereignty concerns, the White House largely ignored the other side of the 'federalism coin "-namely, enabling the federal government to act where national …

The Future Of Taxation, Joseph Isenbergh

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Deadly Response: Unconscious Racism And California's Provocative Act Doctrine, Katherine N. Hallinan

UC Law Journal of Race and Economic Justice

In rural Northern California, two young black men are shot multiple times from behind. Their friend, who is also black, is charged with their murders, while the gunman, who is white, walks free. During an alleged gang brawl between teenagers, a young Latino man is stabbed and killed. His friends, and not the actual perpetrator, are charged and convicted of the crime. The defendants are Latino, the gunman is white. California's little-known provocative act doctrine, which holds felons liable for killings that are provoked by a felon's provocative act, is the vehicle prosecutors used to charge each of these young …

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

UC Law Journal of Race and Economic Justice

No abstract provided.

Changing The Topography Of Sentencing, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

An Overview Of Special Populations In California Prisons, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Litigation Over Prison Medical Services, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

Sentencing Reform In California, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

Can These Bones Live - A Look At The Impacts Of The War On Drugs On Poor African-American Children And Families, Nekima Levy-Pounds

UC Law Journal of Race and Economic Justice

The war on drugs has resulted in sharp increases in prison sentences for many drug-related crimes. Due to the structure of the federal sentencing guidelines and the disparity in sentences relating to power cocaine and crack, the primary burden of these increased sentences has disproportionately affected poor African Americans. The war on drugs legislation has also had a marked impact on another population - the families and children of the incarcerated. This article discusses the rationales behind the war on drugs legislation, addressing both the initial enactments and subsequent statutes and cases that have changed the landscape of drug-related sentencing. …

Harming Vulnerable Children: The Injustice Of California's Kinship Foster Care Policy, Meredith L. Alexander

UC Law Journal of Race and Economic Justice

California denies state foster care benefits to nonfederally eligible foster children when they are placed with relative caregivers (a placement known as "kinship foster care"). This note explores the unique benefits and needs of kinship foster care, and analyzes the current legal framework regarding kinship foster care, including the justifications for California's policy. The author argues that this California policy fails to embrace the unique benefits and needs of kinship foster care. Furthermore, the policy is contradictory to the state mandated placement priority with relatives. By not properly supporting kinship foster care, California is harming the state's most vulnerable children …

An Uneasy Case For White-Collar “Martyrs”, Reza Dibadj

University of San Francisco Law Review

This article is a reaction to: Skilling’s Martyrdom: The Case for Criminalization Without Incarceration

A Genealogy Of Home Visits: Explaining The Relentless Search For Individualized Information Without Individual Suspicion, Peter Micek

University of San Francisco Law Review

This Comment presents a “genealogy” of this long-standing technique used to produce knowledge about the lives of the poor.

Beyond The Squabble: Putting The Tenderloin Community Justice Center In Context, Michael Cobden, Ron Albers

UC Law Journal of Race and Economic Justice

The Tenderloin Community Justice Center ("CJC") began operation in May 2009 amid a tense political and economic climate. Although it employs an innovative approach to alleviating crime, the CJC is not a novel concept, but rather modeled after successful community courts already in existence. As a product of community efforts, the CJC aims to address the shortcomings of the traditional court system, which has been ineffective in reducing crime and recidivism rates, by offering alternatives to incarceration. By coordinating service providers intimately with the court, the CJC provides a centralized system that allows it to comprehensively examine an offender's problems …

Reconceptualizing Restorative Justice, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

Article Iii By Default: Constitutional Requirements For The Capital Prosecution Of Unprivileged Enemy Belligerents, Brian C. Mccomas

University of San Francisco Law Review

In light of President Obama’s and Attorney General Eric Holder Jr.’s monumental decision, this Comment explores the constitutional requirements for the capital prosecution of unprivileged enemy belligerents accused of committing or aiding hostilities against America. This Comment argues that, by default and largely thanks to false starts on behalf of the Bush Administration, courts-martial proceedings and military commissions cannot procure a constitutionally sound capital conviction of a detainee in the War on Terror.

Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing, Barbara Creel

University of San Francisco Law Review

No abstract provided.

Vol. 38, No. 3: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Armed Injustice: Abuse Of The Law And Complex Crime In Post-Soviet Russia, Thomas Firestone

Denver Journal of International Law & Policy

No abstract provided.

Vol. 38, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Iraqi Criminal Justice System, An Introduction, Dan Warnock

Denver Journal of International Law & Policy

No abstract provided.

Vol. 39, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

School of Law Faculty Publications

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ADA 's relationship …

State Competence Standards For Selfrepresentation In A Criminal Trial: Opportunity And Danger For State Courts After Indiana V. Edwards, Jason R. Marks

University of San Francisco Law Review

This Article takes a strategic look at potential state court responses to Indiana v. Edwards. After a brief historical review of competency issues under Faretta v. California, this Article examines three options available for courts, especially state high courts, in the wake of Edwards

The Repercussions Of Anonymous Juries, Christopher Keleher

University of San Francisco Law Review

This Article reviews the origins, history, and use of juries, traditional and anonymous. It then evaluates the benefits and drawbacks of anonymous juries. It concludes with an examination of the psychological aspects of juror anonymity.