Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram
The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram
UC Law Journal of Race and Economic Justice
The fallout of the financial crisis continues to have major effects across the American correctional landscape. Federal and state budgetary limits have slowed and even reversed what were thought to be ever-rising incarceration rates. While this has successfully led to less punitive policies regarding the death penalty and the war on drugs, incarceration practices have affected punitivism in more complex ways. This article explores the correctional changes prompted by the financial crisis that are being made not at the ballot box, but behind closed doors. The outcomes of negotiations between prison administrators and private service providers, or amongst state governments, …
Lessons From Mt. Holly: Leading Scholars Demonstrate Need For Disparate Impact Standard To Combat Implicit Bias, Equal Justice Society, Wilson Sonsini Goodrich & Rosati
Lessons From Mt. Holly: Leading Scholars Demonstrate Need For Disparate Impact Standard To Combat Implicit Bias, Equal Justice Society, Wilson Sonsini Goodrich & Rosati
UC Law Journal of Race and Economic Justice
In 2013, the United States Supreme Court was set to hear oral arguments in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. However, weeks before the hearing, the parties settled. Despite the settlement, the arguments raised by plaintiffs and amici remain valuable. Mt. Holly represented the second time in two years that the Supreme Court granted certiorari to decide whether the Fair Housing Act of 1968 ("FHA") allows plaintiffs to bring claims challenging official housing decisions and policies that are not necessarily the result of intentional discrimination, but have a disproportionately harmful impact on minorities or other groups …
How Mainstream Reformers Design Ambitious Reentry Programs Doomed To Fail And Destined To Reinforce Targeted Mass Incarceration And Social Control, Gerald P. Lopez
How Mainstream Reformers Design Ambitious Reentry Programs Doomed To Fail And Destined To Reinforce Targeted Mass Incarceration And Social Control, Gerald P. Lopez
UC Law Journal of Race and Economic Justice
The most influential publication on how to design and implement comprehensive and effective reentry programs is the 2005 REPORT OF THE REENTRY POLICY COUNCIL, produced by the bipartisan Council of State Governments (CSG). Triggered by the disturbingly high price of the reigning criminal justice system, and aiming to reduce costs and enhance safety, the REPORT manages both to champion an ambitious approach and to doom its chances of success. Perhaps this effect can be described as predictable and even intentional, especially given the overlapping interests of the elected and appointed officials (and the staffers and collaborators) who comprise CSG. But …
Forced Evictions, Mass Displacement, And The Uncertain Promise Of Land And Property Restitution In Haiti, Greger B. Calhan
Forced Evictions, Mass Displacement, And The Uncertain Promise Of Land And Property Restitution In Haiti, Greger B. Calhan
UC Law Journal of Race and Economic Justice
Haiti's devastating 2010 earthquake produced human suffering on an unimaginable scale. The disaster's aftermath-marked by widespread displacement, secondary occupation of land, and consequent forced evictions-raises critical questions of land ownership and housing rights. It also provided a testing ground for the body of restitutionary legal norms developed in the decades following the Cold War. Using the earthquake in Haiti as a lens, this article critically examines the development of the restitution model, from its inception in the Balkans conflicts of the 1990s to its current expression in the United Nation's Pinheiro Principles. While the Pinheiro Principles are positive in many …
What Is Still Radical In The Antislavery Legal Practice Of Salmon P. Chase, Matthew A. Axtell
What Is Still Radical In The Antislavery Legal Practice Of Salmon P. Chase, Matthew A. Axtell
UC Law Journal of Race and Economic Justice
This Article is an in-depth study of the early commercial law career of Salmon P. Chase, U.S. Secretary of Treasury between 1861 and 1864 and President Abraham Lincoln's choice to replace Roger B. Taney (author of the Dred Scott opinion) as the Chief Justice of the U.S. Supreme Court. Occasionally portrayed in his latter political career as "the most radical" member of Lincoln's war cabinet, Chase's early law practice is best known for its defense of people of color seeking to escape slavery, at the time earning him the nickname as the "Attorney General for Fugitive Slaves." In recent years, …
Sentenced To Die In Prison: Life Without Parole As An Eighth Amendment Violation For All Juveniles And Especially Those Who Have Not Killed, Morgan S. Mcginnis
Sentenced To Die In Prison: Life Without Parole As An Eighth Amendment Violation For All Juveniles And Especially Those Who Have Not Killed, Morgan S. Mcginnis
UC Law Journal of Race and Economic Justice
Over the last decade, the Supreme Court of the United States has delivered a series of rulings establishing that juvenile offenders are to have their criminal sentences considered differently from that of adults. Over this span of time, the Court established that it is unconstitutional to sentence a juvenile to the death penalty in any scenario, as well as to life without parole for non-homicide crimes. In the 2012 case of Miller v. Alabama, the Court extended this line of reasoning by declaring that even for juveniles who commit homicides, life without parole may not be imposed as part of …
No To Bratton: A Rejection Of Stop And Frisk, And A Call For Progressive Reform In Oakland, Robert S. Greer Jr.
No To Bratton: A Rejection Of Stop And Frisk, And A Call For Progressive Reform In Oakland, Robert S. Greer Jr.
UC Law Journal of Race and Economic Justice
On January 23, 2012, the City of Oakland voted to retain the services of William Bratton, former police chief of both New York and Los Angeles, as a consultant to the Oakland Police Department. Oakland Community members reacted with concern and resistance to the City's decision, largely due to Bratton's promotion of aggressive stop and frisk search techniques. This note provides an analysis of Bratton's appointment in light of the Oakland Police Department's egregious history of constitutional violations and misconduct charges. Additionally, this note explores the empirical and theoretical flaws underpinning aggressive stop and frisk policies, and demonstrates why adopting …
The Real Id Act: Proposed Amendments For Credibility Determinations, Linda Lam
The Real Id Act: Proposed Amendments For Credibility Determinations, Linda Lam
UC Law Journal of Race and Economic Justice
United States refugee law governs asylum applicants and therefore plays a critical role in shaping the American population. Asylum officers and immigration judges' credibility assessments often dictate whether asylum applications are granted. The REAL ID Act of 2005, a series of statutes passed by Congress to aid the fight against terrorism, changed the standard for rendering credibility determinations. It allows triers of fact-asylum officers and immigration judges-to base adverse credibility decisions on immateral inconsistencies in an asylum applicant's story. These minor inconsistencies often arise from cultural differences or trauma stemming from the applicant's past experiences. This note addresses the inherent …
Illegal Reentry And Denial Of Bail To Undocumented Defendants: Unjust Tools For Social Control Of Undocumented Latino Immigrants, Patrick Kirby Madden
Illegal Reentry And Denial Of Bail To Undocumented Defendants: Unjust Tools For Social Control Of Undocumented Latino Immigrants, Patrick Kirby Madden
UC Law Journal of Race and Economic Justice
Historical, structural, statistical, and constitutional context is elemental to a proper understanding of the true purpose and effect of a criminal statute and its execution. Illegal Reentry, 8 U.S.C. § 1326, may seem like a basic rule to deter potential criminals from entering the United States. A prosecutor's argument that a defendant must be detained prior to trial due to the possibility of Immigration and Customs Enforcement removing the defendant may seem like a logical argument. However, once these actions are viewed in the succession of events that constitutes the history of undocumented Latino immigrants in the United States, are …