Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law and Race
A Civil Right To Counsel Through The States Using California's Efficiency Project As A Model Toward A Civil Gideon, Brian Brophy
A Civil Right To Counsel Through The States Using California's Efficiency Project As A Model Toward A Civil Gideon, Brian Brophy
UC Law Journal of Race and Economic Justice
While the United States Supreme Court's decision in Gideon v. Wainwright guaranteed the right to counsel in criminal trials, the poor are often left without representation in civil cases. These cases can have devastating impacts on the poor's access to housing, welfare benefits, children, and more. In 2009, California passed the Sargent Shriver Civil Counsel Act, which created pilot projects that guarantee access to counsel in civil cases for indigent Californians. This note examines how state legislatures can use California's act as a model to expand access to counsel into the civil context. If state officials are shown the dire …
The Intersection Of Intellectual Property And Race In The Twenty-First Century: An Examination Of The Interpretation Of Racial Categories In Patent Law, Tiffany Cruz Gonzalez
The Intersection Of Intellectual Property And Race In The Twenty-First Century: An Examination Of The Interpretation Of Racial Categories In Patent Law, Tiffany Cruz Gonzalez
UC Law Journal of Race and Economic Justice
The political and jurisprudential treatment of racespecific patents, patents on inventions that are aimed at certain racially or ethnically defined groups, in the United States has the potential to legitimize the reification of race and severely impact society's understanding of racial disparities. Accordingly, with the increase in race-specific patents, and race-based technology in general, the way that the courts will construe racial categories in claim terms will determine the pattern and practice of future race relations in the United States. This note examines the role of a judge and an inventor in the potential litigation of a racespecific patent both …
You Don't Have To Reinvent The Wheel: A Comparison Of Wage And Hour Laws, Their Effects On The Latino Family, And What We Can Learn From Them, Brenda Valle
UC Law Journal of Race and Economic Justice
Latinos have become the fastest growing minority population in the United States. As a result, the United States has seen a surfacing of issues that have had a unique impact on the Latino population. One issue that has specifically affected Latinos is the weakness in wage and hour laws, both at the federal and state level. Because Latinos as a group are primarily concentrated in low-wage sectors, wage and hour laws have a greater impact on Latinos than any other group. Furthermore, the negative impact wage and hour laws have does not stop with the low-wage worker but extends to …
Editorial: Voting Rights For The Incarcerated, Juan Moreno Haines
Editorial: Voting Rights For The Incarcerated, Juan Moreno Haines
UC Law Journal of Race and Economic Justice
The Hastings Race and Poverty Law Journal is proud to present Voices from the Community. This feature will allow us to publish pieces written by those affected by the legal system, so that our Journal is not merely one of academic discourse, but one that invites persons experiencing injustice to add their perspectives to our publication. In our introductory piece, Juan Moreno Haines, a man currently incarcerated at San Quentin State Prison, lends firsthand insight on felon disenfranchisement and how it affects him and the other men with whom he is incarcerated.
Suffering Without Suffrage: Why Felon Disenfranchisement Constitutes Vote Denial Under Section Two Of The Voting Rights Act, Matthew E. Feinberg
Suffering Without Suffrage: Why Felon Disenfranchisement Constitutes Vote Denial Under Section Two Of The Voting Rights Act, Matthew E. Feinberg
UC Law Journal of Race and Economic Justice
This article explores state felon disenfranchisement laws and proposes a new way for felons to challenge the legality of excluding them from the democratic process. Despite the seemingly explicit grant of authority in the Fourteenth Amendment to exclude felons from the voting process, this article posits that the Voting Rights Act provides an alternative, and more attractive, vehicle for felons to secure the right to vote. This article examines the current Circuit split on whether the Voting Rights Act even allows for or contains a cause of action to challenge felon disenfranchisement laws. Concluding that it does, the article moves …
Equality Behind Bars: Improving The Legal Protections Of Transgender Inmates In The California Prison Systems, Angela Okamura
Equality Behind Bars: Improving The Legal Protections Of Transgender Inmates In The California Prison Systems, Angela Okamura
UC Law Journal of Race and Economic Justice
This note examines the failure of federal and California law to protect perhaps its most vulnerable population: transgender prisoners. Although California expresses its concern for the safety and well-being of transgender individuals in other areas of the law, rights for transgender inmates get left in the dust. Transgender inmates are disproportionately likely to be sexually abused in prison, and their safety is not adequately assured under the current state of federal or California law. Currently, when classifying and housing prisoners, officials of the California Department of Corrections and Rehabilitation ("CDCR") are only required to look at factors that point to …