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How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Cincinnati College of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Faculty Articles and Other Publications

This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.

T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Constitutional Law Quarterly

No abstract provided.


Foreword, Rebecca Odelson, Sharon Lui-Bettencourt 2021 University of California, Hastings College of the Law

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 2021 University of California, Hastings College of the Law

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 ...


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 2021 University of California, Hastings College of the Law

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 ...


Operating Within Systems Of Oppression, Karissa Provenza 2021 University of California, Hastings College of the Law

Operating Within Systems Of Oppression, Karissa Provenza

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo 2021 University of California, Hastings College of the Law

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 ...


From The Editor-In-Chief, Liliana A. León Rivera 2021 University of California, Hastings College of the Law

From The Editor-In-Chief, Liliana A. León Rivera

Hastings International and Comparative Law Review

No abstract provided.


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice de Jonge 2021 University of California, Hastings College of the Law

A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice De Jonge

Hastings International and Comparative Law Review

This paper uses a comparative method to analyze China’s evolving Social Credit System (SCS) for corporations, and the political discourse used to portray SCS as a governance tool facilitating Corporate Social Responsibility (CSR) with Chinese characteristics. A modified relational governance framework is used. The importance of relationships (guanxi) in the Chinese business context is that it makes a modified form of the relational governance perspective uniquely appropriate. This study also draws upon evolving literature examining the role of artificial intelligence (AI) in international business contexts.

China’s corporate SCS is explicitly designed to evaluate corporate behavior through a “scoring ...


Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque 2021 University of California, Hastings College of the Law

Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque

Hastings International and Comparative Law Review

Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.

As a consequence of this new law, many product markets show a ...


Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh 2021 University of California, Hastings College of the Law

Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh

Hastings International and Comparative Law Review

Terrorism remains the most important national security concern. Multi-national economic organizations around the world have increasingly established counter-terrorism commissions to assess the magnitude of the threat posed by terrorism. Economic sanctions have been a counter-terrorism measure for many decades and remain an essential tool of U.S. foreign policy and a mechanism to protect the U.S. national security interests. In recent years, the internationalization of terrorism and emergence of non-state terrorist actors has led the U.S. to use smart targeted sanctions to dismantle financial support of terrorism. Yet, conventional country-specific nation-wide sanctions that penalize a single target nation ...


Foreword, Richelle Joy Gernan 2021 University of California, Hastings College of the Law

Foreword, Richelle Joy Gernan

Hastings Constitutional Law Quarterly

No abstract provided.


Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer 2021 University of California, Hastings College of the Law

Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer

Hastings Constitutional Law Quarterly

Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an ...


Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt 2021 University of California, Hastings College of the Law

Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt

Hastings Constitutional Law Quarterly

No abstract provided.


Disability Rights And The Louisiana Constitution, Derek Warden 2021 University of California, Hastings College of the Law

Disability Rights And The Louisiana Constitution, Derek Warden

Hastings Constitutional Law Quarterly

The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in ...


On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin 2021 American University in Cairo

On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin

Theses and Dissertations

The intersection of body and state is a fascinating phenomenon of modern-day politics. We are continuously subjected to the ingeniousness with which the ruling classes monitor and regulate our bodies; and most times we are not even aware of it. Whether it is for control over resources or political power and authority, the state uses its institutions and various tools available to it for the purpose of maintaining disciplined, uniform populations that could otherwise threaten prevailing power structures. In particular, the patriarchy has perpetuated the notion that a woman’s body is a specific threat to those prevailing power structures ...


Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos 2021 The University of San Francisco

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with ...


An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos 2021 University of San Diego

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U ...


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