Law Commons^™

California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk

Hastings Race and Poverty Law Journal

While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live in …

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.

Foreword, Rebecca Odelson, Sharon Lui-Bettencourt

Hastings Race and Poverty Law Journal

No abstract provided.

Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang

Hastings Race and Poverty Law Journal

Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such denial is not only disingenuous and inaccurate, but also highly detrimental to legal education, perpetuating a system that discourages and devalues the contributions and efforts of minority students.

Learning style preferences are a product of a student’s cultural background. Legal educators who recognize this and adapt their teaching methods to accommodate the modal preferences of …

El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo

Hastings Race and Poverty Law Journal

Throughout the course of United States history, there has often been a chasm between our ideals as a country, and our actions. Our foreign policy and immigration policy have been no exception – frequently betraying our stated commitment to democracy, respect for human rights, and protection of the persecuted. This article takes a close look at El Salvador, whose nationals make up a significant number of asylum seekers at our border. Our foreign and immigration policies towards El Salvador are illustrative of that gap between ideals and reality. We supported a brutal military during that country’s civil war, and adopted …

Operating Within Systems Of Oppression, Karissa Provenza

Hastings Race and Poverty Law Journal

No abstract provided.

Tribally Defined Citizenship Criteria: Countering Whiteness As Property Interpretations Of “Indian” For Restoring Inherent Sovereignty, Lori Bable

Hastings Race and Poverty Law Journal

This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations’ sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS opinions, especially recently, threaten to further reduce tribal sovereignty insofar as Tribal Nation citizenship remains based upon blood quantum. The case studies examined herein were selected because of the ways they strategically diminished Tribal Nation sovereignty via rhetorical precarity created using equivocations on the meaning of “Indian.” Through articulating how SCOTUS …

Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis

Hastings Race and Poverty Law Journal

In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …

Foreword, Ritchie Lee

Hastings Race and Poverty Law Journal

No abstract provided.

Antiracism, Reflection, And Professional Identity, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

Hastings Race and Poverty Law Journal

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …

From Threat To Victim: Why Stand Your Ground Laws Are Inherently Prejudiced And Do Nothing To Further Justice, Rene Perez

Hastings Race and Poverty Law Journal

Stand Your Ground laws give jurors too much leeway in determining what constitutes a reasonable threat in defense cases.2 By removing the traditional duty to retreat, the reasonableness determination makes or breaks a case and inherently discriminates against people of color. This is because reasonableness can all too easily become a character determination instead of an objective adjudgment. Because Stand Your Ground is present at the investigator’s discretion stage, the prosecutorial discretion stage, and finally the judicial stage through jury instructions and juror bias—there is a unique platform for implicit bias to dictate how defendants are advantaged or disadvantaged in …

A Necessary Job: Protecting The Rights Of Parents With Disabilities In Child Welfare Systems, Enne Mae Guerrero

Hastings Race and Poverty Law Journal

No abstract provided.

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.

Consequences Of Police In Schools: The Criminalization Of Children In An Era Of Mass Incarceration, Katherine Elizabeth Holloway

Hastings Race and Poverty Law Journal

No abstract provided.

Protecting California’S Farmworkers During The Wildlife Crisis: The State’S Response And The Need For Reform, Maria Salinas

Hastings Race and Poverty Law Journal

Wildfires are a normal part of California’s drought-prone landscape, but in recent years, blazes have become more deadly and destructive than ever before due to climate change, low precipitation, and forest mismanagement. To date, the wildfires in 2020 remain some of the worst in the state’s history in terms of acreage lost, loss of life, and structures destroyed. Experts suggest that “without greater investment in prevention and systematic changes to combat the effects of climate change. . . California almost certainly has more record-setting fire seasons in store.”

This is a very grim reality for all Californians, but particularly for …

The Challenges In Health Care For Pregnant Women In U.S. Correctional Institutions, Mahnoor Yunus

Hastings Race and Poverty Law Journal

No abstract provided.