Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

UC Law SF

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 961 - 990 of 8892

Full-Text Articles in Law

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla Jan 2020

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla

UC Law SF International Law Review

No abstract provided.


A Tale Of Two Portlands: How Port Cities Can Survive Dormant Commerce Clause Challenges To Fossil Fuel Shipping Restrictions, Kayla Race Jan 2020

A Tale Of Two Portlands: How Port Cities Can Survive Dormant Commerce Clause Challenges To Fossil Fuel Shipping Restrictions, Kayla Race

UC Law Environmental Journal

Five port cities—Portland, Oregon; South Portland, Maine; Oakland, California; Longview, Washington; and Salt Lake City, Utah—have something in common: they all restricted the handling of fossil fuels at their shipping terminals. Moreover, impacted industries have responded with nearly identical dormant Commerce Clause-based lawsuits against the first four of those localities. This Article examines how much latitude cities have under the dormant Commerce Clause to restrict the handling of fossil fuels at their ports, using as case studies two recent court decisions upholding the ordinances of Portland, Oregon and South Portland, Maine under the dormant Commerce Clause. In addition, because the …


Masthead Jan 2020

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.


Examining The Ethics Of Environmental Offsets: A Response To Biocentric Objections To Biodiversity Offsetting, Meredyth Merrow Jan 2020

Examining The Ethics Of Environmental Offsets: A Response To Biocentric Objections To Biodiversity Offsetting, Meredyth Merrow

UC Law Environmental Journal

No abstract provided.


Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes, Charles Lyons Jan 2020

Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes, Charles Lyons

UC Law Environmental Journal

Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it has encouraged agency action to address the issue. However, the success of implementing proposed measures requires funding and congressional approval with questions regarding their efficacy remaining unknown. Due to the lack of a comprehensive overarching federal statute addressing AIS management in its …


The Growing Problem Of Space Debris, Sophie Kaineg Jan 2020

The Growing Problem Of Space Debris, Sophie Kaineg

UC Law Environmental Journal

No abstract provided.


After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez Jan 2020

After Abolition: Acquiescence, Backlash, And The Consequences Of Ending The Death Penalty, Austin Sarat, Charlotte Blackman, Elinor Scout Boynton, Katherine Chen, Theodore Perez

Hastings Journal of Crime and Punishment

No abstract provided.


Prosecuting Members Of Defense Legal Teams And Its Ethical Implications For The Prosecutor: A Proposal For A New Ethical Standard, Belle Yan Jan 2020

Prosecuting Members Of Defense Legal Teams And Its Ethical Implications For The Prosecutor: A Proposal For A New Ethical Standard, Belle Yan

Hastings Journal of Crime and Punishment

This Note explores improprieties and conflicts of interest that may arise when a prosecutor’s office investigates and files charges against defense counsel or a member of the defense legal team. Specifically, this Note focuses on such investigations and charges that arise from defense counsel’s representation of a defendant whom the same prosecutor’s office is prosecuting. The intimately adversarial and professional relationships between prosecutors and defense attorneys taint the legitimacy of any charges against defense counsel for alleged misconduct. The ethical standard proposed here suggests a non-waivable conflict of interest. This would assist the prosecutor’s office in avoiding the appearance of …


Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy Jan 2020

Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy

UC Law SF International Law Review

This research analyzed human rights violations against the children of the American continent over the past four decades, with a focus on the Latin American states. The research concentrated on the following crimes committed against children: extra-judicial killing, torture, sexual molestation, rape and forced disappearance. It analyzed, compared and organized over 60 judicial cases from the Inter-American Court of Human Rights. The overall research objective was to scrutinize the Court’s judicial interpretation of children’s human rights through direct consideration of the sentences’ text. To perform this objective, this research identified patterns of conduct in state violations of children’s human rights, …


Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari Jan 2020

Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari

UC Law SF International Law Review

No abstract provided.


Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram Jan 2020

Are We Still Cheap On Crime? Austerity, Punitivism, And Common Sense In The Trump/Sessions/Barr Era, Hadar Aviram

Hastings Journal of Crime and Punishment

Literature on “late mass incarceration” observed a contraction of the carceral state, with varying opinions as to its causes and varying degrees of optimism about its potential. But even optimistic commentators were taken aback by the Trump-Sessions administration’s criminal justice rhetoric. This paper maps out the extent to which federal, state, and local actions in the age of Trump have reversed the promising trends to shrink the criminal justice apparatus, focusing on federal legislation, continued state and local reform, and the role of criminal justice in 2020 presidential campaigns. The paper concludes that the overall salutary trends from 2008 onward …


Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein Jan 2020

Life, Liberty, And Rental Property: Oakland’S Nuisance Eviction Program, Ethan Silverstein

Hastings Journal of Crime and Punishment

No abstract provided.


Preface To The Symposium Issue Jan 2020

Preface To The Symposium Issue

Hastings Journal of Crime and Punishment

No abstract provided.


The First Ten Years Of The Lay Judge System: Now, Do We Have “Hope” For Criminal Trials In Japan?, Mari Hirayama Jan 2020

The First Ten Years Of The Lay Judge System: Now, Do We Have “Hope” For Criminal Trials In Japan?, Mari Hirayama

Hastings Journal of Crime and Punishment

No abstract provided.


Victim Participation In The Criminal Process In Japan, Shigenori Matsui Jan 2020

Victim Participation In The Criminal Process In Japan, Shigenori Matsui

Hastings Journal of Crime and Punishment

No abstract provided.


What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada Jan 2020

What The Saiban-In System Brought From The Perspective Of A Defense Lawyer, Megumi Wada

Hastings Journal of Crime and Punishment

No abstract provided.


The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman Jan 2020

The Prosecution Review Commission Process – Historical Analysis And Some Suggestions For Change, Carl F. Goodman

Hastings Journal of Crime and Punishment

No abstract provided.


Lay Judge And Victim Participation In Japan: Japan’S Saiban’In Trial, The Prosecution Review Commission, And The Public Prosecution Of White-Collar Crimes, Hiroshi Fukurai Jan 2020

Lay Judge And Victim Participation In Japan: Japan’S Saiban’In Trial, The Prosecution Review Commission, And The Public Prosecution Of White-Collar Crimes, Hiroshi Fukurai

Hastings Journal of Crime and Punishment

In September 2019, the University of California Hastings Law School hosted a symposium on Japan’s newly instituted public and victim participation systems in the criminal process. This paper addresses themes raised by five scholars' presentations at the symposium, covering the effectiveness and impact of three different newly adopted systems of lay and victim participation in Japan: (1) the new 2009 law of the Prosecution Review Commission (PRC), a Japanese-style “civil grand jury” originally introduced in 1948, which gave the PRC the power to force the prosecution of formerly unindicted cases, thereby challenging and reversing the prosecutor’s original non-prosecution decision; (2) …


The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke Jan 2020

The Limits Of Lay Participation Reform In Japanese Criminal Justice, David T. Johnson, Dimitri Vanoverbeke

Hastings Journal of Crime and Punishment

No abstract provided.


Editor In Chief: Foreword, Virginia Millacci Jan 2020

Editor In Chief: Foreword, Virginia Millacci

UC Law Journal of Race and Economic Justice

No abstract provided.


Masthead Jan 2020

Masthead

UC Law Journal

No abstract provided.


Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro Jan 2020

Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro

UC Law SF Communications and Entertainment Journal

Football is America’s pastime. Over one hundred million people tuned in to watch this year’s Super Bowl. Sundays during football season are spent in front of a television rooting for our favorite teams. Football has been an integral part of American culture for over 120 years. But in recent years, football has lost yardage. Information regarding the causal link between head injuries on the football field and degenerative brain diseases has come to light. Thousands of former National Football League (“NFL”) players took part in a highly publicized class-action lawsuit against the league. Players alleged that the NFL knew of …


Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein Jan 2020

Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein

UC Law SF Communications and Entertainment Journal

The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low. An …


Masthead Jan 2020

Masthead

UC Law Science and Technology Journal

No abstract provided.


Foreword, Kathryn M. Apsens Jan 2020

Foreword, Kathryn M. Apsens

UC Law Science and Technology Journal

No abstract provided.


From The Editor, Anushri Mehta Jan 2020

From The Editor, Anushri Mehta

UC Law SF International Law Review

No abstract provided.


Who Should Regulate Data?: An Analysis Of The California Consumer Privacy Act And Its Effects On Nationwide Data Protection Laws, Nicholas F. Palmieri Iii Jan 2020

Who Should Regulate Data?: An Analysis Of The California Consumer Privacy Act And Its Effects On Nationwide Data Protection Laws, Nicholas F. Palmieri Iii

UC Law Science and Technology Journal

No abstract provided.


The Right To A Clean Environment In Nigeria: A Fundamental Right?, Ayodele Babalola Jan 2020

The Right To A Clean Environment In Nigeria: A Fundamental Right?, Ayodele Babalola

UC Law Environmental Journal

In most common law systems, environmental liability has developed from actions under tort to fundamental rights actions. In between this development, legislatures in common law countries have enacted and amended statutes that stipulate environmental liability and enforcement.1 It is logical to imagine that an unhealthy environment will have negative impacts on lives and property, which are protected fundamental rights in most countries. It is also desirable for a system to have multiple avenues available for the enforcement of sound environmental practices and processes. This Article examines whether environmental rights can be enforced via fundamental rights action under Chapter IV of …


Use Of Force In Crisis: A Comparative Look At The Domestic And International Laws Governing The Use Of U.S. Military Force To Respond To Mass Climate Refugee Migration, Holly Locke Jan 2020

Use Of Force In Crisis: A Comparative Look At The Domestic And International Laws Governing The Use Of U.S. Military Force To Respond To Mass Climate Refugee Migration, Holly Locke

UC Law Environmental Journal

Since the late 20th century, nations increasingly task their militaries with managing and responding to the influx of migration and refugees into sovereign nations. As a result, the U.S. military identified climate change to be a major security concern as the Department of Defense dedicates more resources to responding to this new class of refugee, among other climate related concerns. This paper explores the current scope of mass climate refugee migration and the role the U.S. military plays in responding to that migration. Specifically, this paper will explore the various legal frameworks, or lack thereof, of both domestic and international …


Shining A Light On High Seas Transhipment: The Need To Strengthen Observer Reporting Of Transhipments In The Western And Central Pacific Fisheries Commission, Chris Wold, Alfred “Bubba” Cook Jan 2020

Shining A Light On High Seas Transhipment: The Need To Strengthen Observer Reporting Of Transhipments In The Western And Central Pacific Fisheries Commission, Chris Wold, Alfred “Bubba” Cook

UC Law Environmental Journal

No abstract provided.