Law Commons^™

A Rose By Any Other Name: The Chilling Effect Of Ice's Secure Communities Program, Stephanie Kang

UC Law Journal of Race and Economic Justice

The September 11, 2001, terrorist attack on the United States created a national urgency to better police United States borders. However, the attack also led to a backlash against undocumented immigrants by increased Congressional funding to implement immigration enforcement measures. One of the more controversial state and federal collaborative efforts to enforce immigration laws is the Secure Communities program mandating all participating jurisdictions to submit fingerprint biometrics to Immigrations and Customs Enforcement ("ICE") to enable ICE to run the fingerprints through immigration databases and identify deportable immigrants.

The primary goal of the program is to remove the most dangerous criminals …

California Eviction Protections For Victims Of Domestic Violence: Additional Protections Or Additional Problems, Rebecca Licavoli Adams

UC Law Journal of Race and Economic Justice

In 2011, California Code of Civil Procedure section 1161.3 (Section 1161.3) came into effect providing victims of domestic violence with an affirmative defense against a landlord's eviction action if resulting from an act of domestic violence. Domestic violence victims often are faced with homelessness due to lease provisions that allow eviction due to a violent or criminal act occurring in their rental unit or because of noise complaints from other tenants. After a victim is evicted the victim may have difficulty finding a new rental due to credit issues or a criminal history directly relating to the domestic violence.

This …

Unlawful Arrests And Over-Detention Of America's Immigrants: What The Federal Government Can Do To Eliminate State And Local Abuse Of Immigration Detainers, Molly F. Franck

UC Law Journal of Race and Economic Justice

Ever since Arizona governor, Janice Brewer, signed S.B. 1070 into law in early 2010, national debates over immigration have dominated the public discourse, and precipitated a tidal wave of state legislative proposals to give states authority to regulate immigration. At the same time, however, many state and local police departments assist Immigration and Customs Enforcement ("ICE") with enforcing federal immigration law by means of 287(g) Agreements, the Secure Communities program, and immigration detainers. An immigration detainer, often referred to as an ICE detainer or ICE hold, authorizes state and local police to keep an arrestee for up to forty-eight hours …

Resistance And Repression: The Black Guerrilla Family In Context, Azadeh Zohrabi

UC Law Journal of Race and Economic Justice

The California Department of Corrections and Rehabilitation ("CDCR") considers prison gangs to be serious threats to prison safety and security and has developed a "gang validation" system to identify suspected prison gang members and their associates. The CDCR administratively segregates these prisoners from the general population by use of harsh, highly restrictive secure housing units ("SHUs"). The CDCR's gang validation process is currently applied to the Black Guerrilla Family ("BGF"), the only Black prison gang recognized by the CDCR.

This note will engage in a historical examination of the political movement that gave rise to the BGF and the life …

The Aspiring Attorney With Adhd: Bar Accommodations Or A Bar To Practice, Neha M. Sampat, Esme V. Grant

UC Law Journal of Race and Economic Justice

This article is the first in the academic literature to examine how a strict application of the childhood history requirement reduces the likelihood that applicants will receive ADHD accommodations on the bar exam based on race, sex, socioeconomic status, location, and age. A significant number of state bars, including in the largest legal markets of New York and California, require the bar applicant to provide a well-documented childhood history of ADHD symptoms. Many of the factors making it impractical or impossible to obtain childhood history documentation disproportionately affect people of minority backgrounds, legally protected classes, and other populations significantly underrepresented …

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

UC Law Journal of Race and Economic Justice

This article explores the relationship between permanency, the dominant child welfare policy, and the educational needs of children in out-of-home care. The child welfare system has traditionally focused on finding children a permanent home. Education and other aspects of a child's well-being receive less attention. The failure to address children's educational needs is alarming given their poor academic performance. Studies show that compared to their peers from similar backgrounds, children in out-ofhome care perform below grade level, have lower test scores and high school completion rates, and have more disciplinary problems. These educational deficits contribute to challenges faced by former …

From The Oppressed To The Terrorist: Muslim-American Women In The Crosshairs Of Intersectionality, Sahar F. Aziz

UC Law Journal of Race and Economic Justice

In the post-9/11 era, Muslim women donning a headscarf in America find themselves trapped at the intersection of bias against Islam, the racialized Muslim, and women. In contrast to their male counterparts, Muslim women face unique forms of discrimination not adequately addressed by Muslim civil rights advocacy organizations, women's rights organizations, or civil liberties advocates.

This article examines how the September 11th attacks adversely impacted the lives of headscarved Muslim women in ways different than Muslim men. Ten years after 9/11, there is a plethora of literature about what has become known as "post-9/11 discrimination." Most of the discussion focuses …

Beyond Bed And Bread: Making The African State Through Marriage Law Reform - Constitutive And Transformative Influences Of Anglo-American Legal Thought, Sylvia Wairimu Kang'ara

UC Law Journal of Race and Economic Justice

This article argues that marriage law reform in African countries formerly under British colonial rule has been as constitutive of the family as of the state; and that consequently, legal pluralism is an important tool of national and transnational governance. This is because marriage law has directly contributed to the economic modernization programs of colonial and postcolonial governments. For one, the colonial land law regime and subsequent expropriation of land drew inspiration from the sharp distinction colonial courts made between African and Western ideas of family.

Later, postcolonial marriage law adopted a doctrinal template that embraced individual choice and liberty, …

Creating New Categories: Anglo-American Radical Feminism's Constitutionalism In The Streets, Yxta Maya Murray

UC Law Journal of Race and Economic Justice

This note examines the struggles of youths who must leave state foster care systems (called "aging out" of foster care) upon turning eighteen years old. Thousands of young people age out of foster care systems each year. Foster care systems have traditionally abandoned children upon their eighteenth birthday, without providing aged-out youth real assistance in obtaining employment, health services, or basic shelter. Most commonly, these young adults do not have sufficient resources or support to allow them to transition into safe and stable lives. The majority of these older youths either get incarcerated, become homeless, or are forced to depend …

United States V. Duro: Farmworker Housing And Agricultural Law Constructions, Guadalupe T. Luna

UC Law Journal of Race and Economic Justice

This article seeks to addresses how the nation's food production systems produce negative conditions for foreign-born Indigenous people employed for their labor. The article will utilize the case of the migrant Pur6pecha, on the Torres Martinez Desert Cahuilla Indian Reservation in U.S. v. Duro . It will deeply examine the wide array of agricultural laws and policies that are available and aid growers and producers while not requiring that growers or producers to provide habitual farmworker housing. After discussing in detail the lack of adequate housing options for immigrant farmworkers throughout the nation and highlighted by the U.S. v. Duro …

A Saving Grace - The Impact Of The Fostering Connections To Success And Increasing Adoptions Act On America's Older Foster Youth, May Shin

UC Law Journal of Race and Economic Justice

This note examines the struggles of youths who must leave state foster care systems (called "aging out" of foster care) upon turning eighteen years old. Thousands of young people age out of foster care systems each year. Foster care systems have traditionally abandoned children upon their eighteenth birthday, without providing aged-out youth real assistance in obtaining employment, health services, or basic shelter. Most commonly, these young adults do not have sufficient resources or support to allow them to transition into safe and stable lives. The majority of these older youths either get incarcerated, become homeless, or are forced to depend …

Don't Get It Twisted: Why Employer Hairstyle Prohibitions Are Racially Discriminatory, Devin D. Collier

UC Law Journal of Race and Economic Justice

Appearance and grooming policies in the workplace that prohibit hairstyles worn predominately by African- American employees, including dreads, cornrows, braids, and afros, constrain African-American cultural identity and are racially discriminatory. These policies exhort African- Americans "to cover" their race and modify their hair to assimilate their looks with Anglo-American beauty ideals. These policies found in the private workplace serve no legitimate "business necessity" and are merely a proxy for unlawful race discrimination.

Plaintiffs who challenge these policies as race discrimination, however, are unable to prove a violation of Title VII because of an inability to demonstrate that African- American hairstyle …

The Impact Of Berguis V. Thompkins On The Eroding Miranda Warnings And Limited-English Proficient Individuals: You Must Speak Up To Remain Silent, Brenda L. Rosales

UC Law Journal of Race and Economic Justice

Miranda v. Arizona requires law enforcement to warn defendants of their right to remain silent and give defendants an explanation that anything said can and will be used against the defendant in court. However, Berghuis v. Thompkins turned Miranda upside down by requiring defendants to unambiguously invoke their right to remain silent or be legally presumed to have waived their rights. Meaning that a defendant's yes or no answer to any question, including questions unrelated to the case, may be interpreted as a knowingly and intelligent waiver of the defendant's Miranda rights.

This note will address how the lower standard …

Out For Blood: Employment Discrimination, Sickle Cell Trait, And The Nfl, Chika Duru

UC Law Journal of Race and Economic Justice

Recently, numerous athletes, particularly football players, have fallen ill and some have even died from exercise related health complications linked to the sickle cell trait they carry. Not surprisingly, the affected athletes' families or estates have received large court judgments in connection with their injuries, and after a few such judgments at the collegiate athletic level, the National Collegiate Athletic Association recently instituted mandatory sickle cell trait testing for every incoming division I student-athlete.

Though the mandatory sickle cell trait testing appears permissible at the collegiate level, this article examines the potential consequences of a similar policy at the professional …

A Deregulatory Framework For Alleviating Concentrated African-American Poverty, Benjamin Zimmer

UC Law Journal of Race and Economic Justice

America's urban poor have become more geographically concentrated and isolated, of which, African Americans comprise the majority. Governmental efforts to combat concentrated poverty have consisted primarily of new government interventions in the housing market: subsidies, mandates, and other programs and regulations designed to compel socio-economic or racial integration. All the while, a separate set of government interventions in the form of tax expenditures, education financing, and land-use controls are largely responsible for the perpetuation of concentrated African-American poverty in the first place.

It is time to consider that a successful approach to poverty de-concentration and residential integration must begin by …