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Articles 1321 - 1350 of 8903

Full-Text Articles in Law

Proceed With Caution: Hate Speech Regulation In Japan, Junko Kotani Jan 2018

Proceed With Caution: Hate Speech Regulation In Japan, Junko Kotani

UC Law Constitutional Quarterly

The Diet of Japan enacted the Hate Speech Elimination Act in 2016 amid heated debates over the appropriate role that the government should play in confronting the vulgar racist hate speech that had been permeating the country. The Act, however, does not criminalize or make illegal hate speech and is thus criticized by Professor Craig Martin. This Article argues that while the principles of freedom of speech under the Constitution of Japan may tolerate criminalization of narrowly defined hate speech, one should be cautious in advocating for immediate criminalization of racist hate speech in the country. This Article provides an …


Rluipa And Method-Of-Execution Claims After Glossip: The Free Exercise Exception To Glossip's Known-And-Available Alternative Requirement, Griffin Estes Jan 2018

Rluipa And Method-Of-Execution Claims After Glossip: The Free Exercise Exception To Glossip's Known-And-Available Alternative Requirement, Griffin Estes

UC Law Constitutional Quarterly

Since the Court's decision in Glossip v. Gross, a capital inmate has the burden of proposing an alternative method-of-execution to be administered in lieu of the statutorily proscribed method if the inmate believes that the method-of-execution to be used in their execution would violate the Eighth Amendment's prohibition on "cruel and unusual punishments." Many inmates have specific religious beliefs and it is possible that a condemned inmate might have a religious objection to capital punishment. The Religious Land Use and Institutionalized Persons Act ("RLUIPA") represents Congress's sensitivity toward the religious liberties of inmates. This Note applies the RLUIPA framework to …


Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little Jan 2018

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little

Faculty Scholarship

No abstract provided.


Using Drones To Fight Slavery In The Fields: An Examination Of The Practicality And Constitutionalityof Applying 21st Century Technology To A 21st Century Problem, Claire Wilkens Jan 2018

Using Drones To Fight Slavery In The Fields: An Examination Of The Practicality And Constitutionalityof Applying 21st Century Technology To A 21st Century Problem, Claire Wilkens

UC Law Environmental Journal

No abstract provided.


Compacts Of Free Association-Type Agreements: A Life Preserver For Small Island Sovereignty In An Era Of Climate Change?, Philip G. Dabbagh Jan 2018

Compacts Of Free Association-Type Agreements: A Life Preserver For Small Island Sovereignty In An Era Of Climate Change?, Philip G. Dabbagh

UC Law Environmental Journal

No abstract provided.


Foreword, Sonja Arndt Jan 2018

Foreword, Sonja Arndt

UC Law SF Journal on Gender and Justice

No abstract provided.


Thank You Harvey Weinstein, Rochelle Dornatt Jan 2018

Thank You Harvey Weinstein, Rochelle Dornatt

UC Law SF Journal on Gender and Justice

After spending 35 years working on the Hill for Congress, Ms. Dornatt reflects upon the sexual harassment she witnessed firsthand, while examining the strides women have taken to put an end to workplace sexual harassment. Witnessing a significant turn of events after the Harvey Weinstein event in October 2017, Ms. Dornatt breathes hope into ending workplace sexual harassment, and calls upon men to join women in ensuring it stops.


Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner Jan 2018

Employment Status Of Uber And Lyft Drivers: Unsettlingly Settled, Jillian Kaltner

UC Law SF Journal on Gender and Justice

Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the road …


The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius Jan 2018

The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius

UC Law SF Journal on Gender and Justice

Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.


I Don’T Understand, Ryan Khojasteh Jan 2018

I Don’T Understand, Ryan Khojasteh

UC Law SF Journal on Gender and Justice

A poem expressing confusion and frustration at the lack of action taken by legislators to ensure women’s rights and an end to gun violence.


Foreword, Sonja Arndt Jan 2018

Foreword, Sonja Arndt

UC Law SF Journal on Gender and Justice

No abstract provided.


Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green Jan 2018

Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green

UC Law SF Journal on Gender and Justice

For numerous years, state and institutional rules have barred individuals from wearing religious clothing. Specifically, this issue has arisen in the military, the workplace, police departments, prisons, and public schools. Wearing religious clothing, particularly head coverings, is a vital aspect of Judaism, Islam, and Sikhism. The United States Constitution upholds the right to religious liberty in the First and Fourteenth Amendments. Additionally, the Religious Freedom and Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act of 1964, and the Religious Land Use and Institutionalized Persons Act (RLUIPA) statutes also protect religious freedom. Below, cases are examined that …


Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans Jan 2018

Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans

UC Law SF Journal on Gender and Justice

Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are further …


Speech On Campus: How America's Crisis In Confidence Is Eroding Free Speech Values, Joseph Russomanno Jan 2018

Speech On Campus: How America's Crisis In Confidence Is Eroding Free Speech Values, Joseph Russomanno

UC Law Constitutional Quarterly

Speech on America's university and college campuses has been a long-time issue, from classrooms to open spaces, from efforts to protect students to approaches toward invited speakers. These issues especially surfaced in the early twenty-first century, and predominantly in response to invited speakers. Several incidents in early 2017-some involving violent protests-moved these issues into an analytical spotlight. This Article examines efforts to silence controversial oncampus speakers. It does so first through the lens of free speech doctrine and how it addresses this development. Second, this Article seeks to explain this increasing intolerance for the expression of ideas: an escalating crisis …


Reviving The Voting Rights Act Post-Shelby County: A New Standard For Vote Denial And Voter Id Law Analysis Under Section Two, Elizabeth Cermak Jan 2018

Reviving The Voting Rights Act Post-Shelby County: A New Standard For Vote Denial And Voter Id Law Analysis Under Section Two, Elizabeth Cermak

UC Law Constitutional Quarterly

Since the United States Supreme Court struck down section 4(b) of the Voting Rights Act ("VRA") and effectively disabled its section 5 enforcement provision in Shelby County v. Holder, States across the country have passed and updated election laws with far less accountability than during the pre-Shelby era. Among the most controversial are "voter ID" laws, which require voters to present identification before casting a ballot. Prior to 2013, section 5 of the VRA had been used to challenge these laws in federal proceedings in Texas, Florida, South Carolina, and New Hampshire. The combined decisions of Shelby and Crawford v. …


Preface: Hate Speech Laws In Japan In Comparative Perspectives, Setsuo Miyazawa Jan 2018

Preface: Hate Speech Laws In Japan In Comparative Perspectives, Setsuo Miyazawa

UC Law Constitutional Quarterly

No abstract provided.


The History Of Japanese Racism, Japanese American Redress, And The Dangers Associated With Government Regulation Of Hate Speech, Hiroshi Fukurai, Alice Yang Jan 2018

The History Of Japanese Racism, Japanese American Redress, And The Dangers Associated With Government Regulation Of Hate Speech, Hiroshi Fukurai, Alice Yang

UC Law Constitutional Quarterly

This Article analyzes the historical roots of the Japanese government's rhetoric of racial supremacy that merged with nationalist agendas to rationalize and promote Japanese colonial aggression, military ventures, and brutal rule in Asia in the first half of the twentieth century. Next, this Article examines the movement in the U.S. to obtain redress for Japanese Americans who suffered mass removal and incarceration during World War II. This Article explores why grassroots activism and political lobbying succeeded in obtaining the passage of American redress legislation in 1988 and the possible lessons of this campaign for other victims of government policies. Finally, …


How The Lone Star State's Refusal To Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever, Naomi Strauss Jan 2018

How The Lone Star State's Refusal To Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever, Naomi Strauss

UC Law Constitutional Quarterly

Texas's maternal mortality rates are alarmingly high, reflecting a larger trend across the United States. By analyzing structural and social factors, this Note suggests that increasingly restrictive access to family planning and women's health clinics across Texas has contributed to this public health crisis. Further complicating matters, the limited availability of quality maternal health data makes it hard to disentangle causes and effects. In order to correct this disturbing trend which stands in stark contrast to the rest of the developed world-states should expand Medicaid coverage and access to services for all. California, for example, has implemented programs, which have …


California’S Clean Car Law: Fifteen Years Later, A Look In The Rearview Mirror, Darry Sragow, Monika Darwish Jan 2018

California’S Clean Car Law: Fifteen Years Later, A Look In The Rearview Mirror, Darry Sragow, Monika Darwish

UC Law Environmental Journal

No abstract provided.


Fertilizers And Nitrates In Drinking Water: State Water Board Tackles The Public Health Threat Of Contaminated Groundwater, Emel G. Wadhwani Jan 2018

Fertilizers And Nitrates In Drinking Water: State Water Board Tackles The Public Health Threat Of Contaminated Groundwater, Emel G. Wadhwani

UC Law Environmental Journal

No abstract provided.


From “Arbitrary” To Arbitration: Using Adr’S Popular Favorite To Resolve Commercial Marijuana Disputes, Madeline G. Landry Jan 2018

From “Arbitrary” To Arbitration: Using Adr’S Popular Favorite To Resolve Commercial Marijuana Disputes, Madeline G. Landry

UC Law Business Journal

No abstract provided.


Public Reporting By Benefit Corporations: Importance, Compliance, And Recommendations, Maxime Verheyden Jan 2018

Public Reporting By Benefit Corporations: Importance, Compliance, And Recommendations, Maxime Verheyden

UC Law Business Journal

No abstract provided.


The Behavioral Economics Of Multilevel Marketing, Heidi Liu Jan 2018

The Behavioral Economics Of Multilevel Marketing, Heidi Liu

UC Law Business Journal

Multilevel marketing companies (MLMs) - sales organizations that compensate independent consultants based on the sales and recruitment of other consultants - form a significant part of the American economy. Yet, MLMs provide little information to regulators and potential participants regarding potentially material information. Although MLMs are often compared to pyramid schemes, consultants argue that participation in a MLM allows them to make money outside of the traditional full-time labor force. This paper examines the law, economics, and psychology of MLMs, suggesting that MLMs may draw on prospective consultants' cognitive biases in persuading consultants to join and continue a MLM. Consultants …


The Future Of Independent Contractors And Their Status As Non-Employees: Moving On From A Common Law Standard, John A. Pearce Ii, Jonathan P. Silva Jan 2018

The Future Of Independent Contractors And Their Status As Non-Employees: Moving On From A Common Law Standard, John A. Pearce Ii, Jonathan P. Silva

UC Law Business Journal

No abstract provided.


Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley Jan 2018

Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley

UC Law SF Journal on Gender and Justice

Examining the question as to why there are so few women in the upper ranks of corporate America, this article proposes the use of the Tax Code as a powerful tool that can be used to promote social objectives. This article seeks to demonstrate ways in which the Tax Code previously has influenced behavior, and to provide a possible way to use the Tax Code that would positively impact top female workforce representation.


Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke Jan 2018

Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke

UC Law SF Journal on Gender and Justice

Increasingly, the federal government has sought to utilize local law enforcement’s proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration—the simultaneous enforcement of immigration law and criminal law—has sparked a large-scale social movement in California over the last ten years. This movement has built connections and solidarities among actors across communities and issue areas, including the faith community, the legal community, [etc.]. Using the response to crimmigration as a case study, this Note examines the potentials for intersectional resistance. What role has an awareness of intersectionality played in the fight against crimmigration? …


Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal Jan 2018

Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal

UC Law Journal of Race and Economic Justice

No abstract provided.


Masthead Jan 2018

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.


On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel Jan 2018

On Love And Lawyering: A Celebration Of The East Bay Community Law Center, Seema N. Patel

Faculty Scholarship

No abstract provided.


A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd Jan 2018

A Voice Of Their Own: Youth-Centered Representation At Ebclc, Kate Weisburd

Faculty Scholarship

No abstract provided.