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LAW (779 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 23)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 14)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 43)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 19)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 5)
Alberta Law Review     Full-text available via subscription   (Followers: 13)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 10)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 14)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 26)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 12)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 165)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 8)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 17)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 38)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 30)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 11)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 5)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 27)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 4)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 7)
European Journal of Law and Technology     Open Access   (Followers: 16)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 164)
European Public Law     Full-text available via subscription   (Followers: 36)
European Review of Contract Law     Hybrid Journal   (Followers: 24)
European Review of Private Law     Full-text available via subscription   (Followers: 32)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 9)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 12)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 2)
Federal Law Review     Full-text available via subscription   (Followers: 21)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 14)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  

        1 2 3 4 | Last

Journal Cover
California Law Review
Journal Prestige (SJR): 1.725
Citation Impact (citeScore): 1
Number of Followers: 19  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0008-1221
Published by U of California, Berkeley Homepage  [4 journals]
  • An Analysis of the Lack of Protection for Intangible Tribal Cultural
           Property in the Digital Age

    • Authors: Chante Westmoreland
      Abstract: This Note analyzes how the current push for digitization of library and museum collections exacerbates the infringement and appropriation of intangible tribal cultural property and how current statutory schemes fail to adequately protect such property. Cultural property includes any sacred traditional knowledge essential to tribal ways of life and is often privileged information. Intangible cultural property is easily likened to intellectual property in import but does not share the same policy rationale. Because intellectual property laws are justified using “incentive-creation” and other utilitarian theories, these laws inadequately protect tribal images, sacred songs, and other types of traditional knowledge. Meanwhile, statutory schemes specific to cultural property focus solely on tangible sacred objects, such as ceremonial and funerary regalia. This leaves items such as photographs, notes, and recordings, which contain culturally sensitive information, exposed to outsiders and ripe for infringement. In order to remedy this harm, Congress should fulfill its fiduciary obligation to tribes by enacting laws that incentivize libraries, museums, and other educational entities to negotiate with tribes to license or repatriate intangible cultural property prior to digitization.
      PubDate: Fri, 13 Jul 2018 06:25:05 PDT
       
  • Global South Empowerment or Business as Usual: The Challenges Presented by
           the New Development Bank’s and the Asian Infrastructure Investment
           Bank’s Accountability Mechanisms

    • Authors: Sarah I. Mirza
      Abstract: This Note discusses two new multilateral development banks (MDBs), the New Development Bank (NDB) and the Asian Infrastructure Investment Bank (AIIB), which are rising to challenge the hegemony of the World Bank and other Western-led development finance institutions. Supporters have argued that these new banks will be sources of empowerment and reclamation, allowing the Global South to have a more powerful voice in the development projects that affect it most. I argue that this is only possible if the NDB and AIIB install strong accountability mechanisms and safeguard frameworks to relieve vulnerable Global South communities of further burdens and to ensure these communities have adequate systems of redress for their grievances and human rights concerns. I analyze the current landscape of MDB accountability mechanisms and the ongoing race to the bottom in multilateral financial institutions, looking particularly at the World Bank and its Inspection Panel. I also provide recommendations for both banks’ accountability offices based on implementing best practices and increasing community involvement in project consultation and in grievance mechanisms.
      PubDate: Fri, 13 Jul 2018 06:24:59 PDT
       
  • Stays

    • Authors: Portia Pedro
      Abstract: After judges issue final orders and judgments, losing defendants often ask courts to make a determination that may seem to be a mere procedural technicality, but is, instead, a new battleground for injunctive litigation. These judges are deciding whether to grant a stay pending appeal—whether to prevent the enforcement of a court order or judgment until a court has decided the appeal. Because litigating and deciding an appeal can take years and because the issues at the heart of much of civil injunctive litigation are extremely time-sensitive, determining whether to grant or deny a stay is a momentous decision. By deciding requests for stays pending appeal, federal judges have decided if Texas could enforce health and safety regulations, or if clinics could provide abortions in the state; if 300,000 registered voters in Wisconsin would be able to vote, or if the state could enforce its duly-enacted provisions to regulate elections and prevent voter fraud; if states could determine requirements for marriage, or if samesex couples could marry; if the President could enforce an Executive Order regarding national security, or if Muslims could enter the country regardless of religion; and, arguably, if the forty-third US President would be Al Gore or George W. Bush.The standard for stay determinations ostensibly includes four factors: (1) the likelihood of success on appeal; (2) the likelihood of irreparable harm pending appeal; (3) the balance of the hardships; and (4) the public interest. However, there is more idiosyncrasy than standard because courts vary so widely regarding what constitutes each prong and the manner in which courts should weigh each prong, if at all. Compounding the absence of a uniform stays standard, courts frequently give no reasoning or opinion for stay determinations. With life changing (and potentially world-changing) issues on the line pending appeal, stays are a nearly law-free zone. The immense consequences of stay determinations, due to lengthy appeals and the time-bound nature of the underlying injunctions or orders, mean that courts need to make an effort to get stay decisions right.The author argues that the purpose of a stay pending appeal is to protect a meaningful opportunity to appeal where guaranteed. The Article suggests different standards for stays, turning on whether review is guaranteed or discretionary. The author also asserts that courts should write reasoned opinions for stay decisions.
      PubDate: Fri, 13 Jul 2018 06:24:52 PDT
       
  • Detaining Families: A Study of Asylum Adjudication in Family Detention

    • Authors: Ingrid Eagly et al.
      Abstract: The United States currently detains more families seeking asylum than any nation in the world, but little is known about how these families fare in the immigration court process. In this Article, we analyze government data from all immigration court cases initiated between 2001 and 2016 to provide the first empirical analysis of asylum adjudication in family detention. We find that families have been detained in remote locations, have faced language barriers in accessing the courts, and, despite valiant pro bono efforts to assist them, have routinely gone to court without legal representation. Only half of the family members who remained detained found counsel, fewer than 2% spoke English, and 93% had their hearings in detention adjudicated remotely over video conference, rather than in a traditional face-to-face courtroom setting.In addition, the evidence we uncover documents the important, and underappreciated, role that immigration courts have played in limiting the overdetention of migrant families by immigration authorities at the border. During the period studied, immigration judges reversed half of the negative credible fear decisions of asylum officers and systematically lowered the bond amount set by detention officers. We also find high compliance rates among family members who were released from detention: family members seeking asylum attended their immigration court hearings in 96% of cases since 2001. Finally, we document significant regional variation in case outcomes among family members who were released from detention, including whether family members obtained attorneys and won their asylum cases. These and other findings are meaningful to current policy debates regarding the role of immigration courts in maintaining due process in asylum proceedings and the appropriate use of detention to manage the migration of families fleeing violence in their home countries.
      PubDate: Fri, 13 Jul 2018 06:24:47 PDT
       
  • Saving Governance-By-Design

    • Authors: Deirdre K. Mulligan et al.
      Abstract: Governing through technology has proven irresistibly seductive. Everything from the Internet backbone to consumer devices employs technological design to regulate behavior purposefully by promoting values such as privacy, security, intellectual property protection, innovation, and freedom of expression. Legal and policy scholarship has discussed individual skirmishes over the political impact of technical choices—from whether intelligence and police agencies can gain access to privately encrypted data to debates over digital rights management. But it has failed to come to terms with the reality that “governance-by-design”—the purposeful effort to use technology to embed values—is becoming a central mode of policymaking, and that our existing regulatory system is fundamentally ill-equipped to prevent that phenomenon from subverting public governance.
      PubDate: Fri, 13 Jul 2018 06:24:42 PDT
       
  • The Rise of Federal Title

    • Authors: Gregory Ablavsky
      Abstract: Why did, and does, the federal government own most of the public domain within the United States' The standard historical answers—that states ceded their lands to the federal government and that the Property Clause confirmed this authority—turn out to be incomplete, masking a neglected process in the 1780s and ‘90s in which legitimate ownership came to derive primarily from the federal government.This transformation, which I call the rise of federal title, involved two intertwined controversies. The first was a federalist struggle over whether the federal government could retain land in former territories admitted as states notwithstanding the promise of equal footing. The second concerned the nature of ownership: as states’ unregulated land grants created endless litigation, claimants turned to the federal government to resolve conflicting rights and to create a land system that offered certain title. Both processes vindicated federal ownership, with the consequence that the federal government enjoyed a monopoly on one of the nation’s most important sources of wealth.This history proves highly relevant. The rise of federal title is under threat, as many western states, and the Republican Party platform, have spun a theory based on erroneous history that argues federal landholding is unconstitutional. Simultaneously, in constructing a principle of equal state sovereignty, the Supreme Court’s recent Shelby County decision relied on equal footing cases that ignored this early history. But the implications transcend immediate doctrinal concerns. For property scholars, this Article posits a greater role for the state and its regulation of property than current accounts emphasize. For those focused on public law, this history suggests a more expansive early federal government and a more modest court role in policing federalism—than most scholarship on the early United States acknowledges.
      PubDate: Fri, 13 Jul 2018 06:24:36 PDT
       
  • Wrong Turn on the Ex Post Facto Clause

    • Authors: Paul D. Reingold et al.
      Abstract: The Ex Post Facto Clause bars any increase in punishment after the commission of a crime. But deciding what constitutes an increase in punishment can be tricky. At the front end of a criminal case, where new or amended criminal laws might lengthen prisoners’ sentences if applied retroactively, courts have routinely struck down such changes under the Ex Post Facto Clause. At the back end, however, where new or amended parole laws or policies might lengthen prisoners’ sentences in exactly the same way if applied retroactively, courts have used a different standard and upheld the changes under the Ex Post Facto Clause. Because the harm is identical and lies at the core of what the Ex Post Facto Clause is supposed to protect against, we think the asymmetry is mistaken.Parole is an integral part of punishment: it determines how much time people will serve on their sentences. Until the twenty-first century, black-letter law forbade even modest parole changes that were adverse to prisoners. If a change in the parole regime might lead to longer sentences, then courts insisted that the change be applied prospectively only. Over the last two decades, relying on language in two US Supreme Court parole cases decided in 1995 and 2000, the lower courts have shifted parole ex post facto doctrine by 180 degrees. Prisoners can no longer prevail, even when the change in the state parole regime is almost certain to lead to significantly longer sentences.In the context of parole, the courts have repudiated past doctrine and strayed far from the purposes of the Ex Post Facto Clause. In this article, we review the history, show how the current case law is misguided and illogical, and put forward a new framework that would restore the Ex Post Facto Clause to its rightful place.
      PubDate: Fri, 13 Jul 2018 06:24:29 PDT
       
  • Discover Our Model: The Critical Need for School-Based Immigration Legal
           Services

    • Authors: Prerna Lal et al.
      Abstract: This piece seeks to chronicle the development of school-based immigration legal services at the East Bay Community Law Center, evaluate the successes and challenges of our model, and provide guidance to other organizations across the country that may wish to emulate the model.
      PubDate: Wed, 11 Jul 2018 13:15:16 PDT
       
  • The Housing Clinic

    • Authors: Ubaldo Fernandez
      Abstract: Even before Javier Mabrey first set foot in the East Bay Community Law Center’s Housing Clinic (the “Clinic”), he was no stranger to housing law. Javier was raised by a single mother who, due to her mental disabilities and low income, struggled to keep Javier and his brother housed. By the time Javier was sixteen, his family had been evicted on several occasions. For months at a time, they lived in cars, on friends’ couches, or in budget motels. Only ten years after his family had struggled with homelessness, Javier was using civil litigation to defend families very much like his own from eviction.The Clinic’s eviction defense practice is an excellent experiential course in civil litigation. Court-certified students write and argue motions, prepare and take depositions, and second-chair trials in court, all in the context of one of the most competitive rental markets in the country. Their work at the Clinic equips them with valuable lawyering and personal skills, while significantly expanding the Clinic’s ability to serve distressed tenants.
      PubDate: Wed, 11 Jul 2018 13:15:09 PDT
       
  • A Voice of Their Own: Youth-Centered Representation at EBCLC

    • Authors: Rosa Bay et al.
      Abstract: At the East Bay Community Law Center (EBCLC), the young clients we represent teach us every day about resilience and resistance. Even when the stakes are high, and the meetings and hearings are anxiety producing, our clients never hide who they are—they bring their authentic selves. In the Education, Defense and Justice for Youth program (known—fittingly—as “EDJY”) at EBCLC, we represent young people pushed out of school and into the juvenile justice system. This means advocating for our young clients in special education, school discipline, and delinquency proceedings throughout Alameda County, California.
      PubDate: Wed, 11 Jul 2018 13:15:02 PDT
       
  • A Clean Slate Case Study of Community Lawyering

    • Authors: Theresa Zhen et al.
      Abstract: The United States has a long history of appropriation, forced movement, and penalization of indigenous people, minorities, and anyone perceived as “other.” From the colonization of the Americas, slavery, and forced movement of Africans to the “post-slavery” era that deprives civil rights and incarcerates people of color and indigent communities, this repression continues. Indeed, the most recent systemic iteration of controlling and policing these communities is through the legal “justice” systems that Michelle Alexander has aptly coined the “New Jim Crow.” As advocates in the Clean Slate Practice (Clean Slate) at the East Bay Community Law Center (EBCLC) in Berkeley, California, we witness firsthand the cascading consequences of criminalization that result from a simple traffic stop: that “simple” stop turns into an arrest, which then results in a criminal or traffic conviction—and with the flick of a wrist, a person’s life, economic stability, housing, and personal value are summarily ravaged. Many generations of Clean Slate attorneys, staff, and law students have worked tirelessly to fight against the last twelve years of expansion (and redesign) of mass incarceration. In the process, we have successfully improved the lives of those who exit the system and kept individuals outside of its grasp in the first place.
      PubDate: Wed, 11 Jul 2018 13:14:55 PDT
       
  • The Not-Quite-Accidental Genius of EBCLC’s Consumer Justice Clinic:
           Lessons for Legal Services Providers

    • Authors: Ted Mermin
      Abstract: In the fall of 2008, I was approached after an Ultimate Frisbee game by a player who asked if she remembered correctly that I practice consumer law. I confessed that yes, that was precisely what I had been doing at the California Attorney General’s office until earlier that year. That inquisitive player and skilled advocate, Elisa Della-Piana, then asked apologetically if I knew anything about debt-collection law and, if so, whether I might be willing to sit in the back of the old EBCLC office on Shattuck Avenue during clinic hours. I did, and I was, and I went in that Thursday and have never left.
      PubDate: Wed, 11 Jul 2018 13:14:48 PDT
       
  • On Love and Lawyering: A Celebration of the East Bay Community Law Center

    • Authors: Seema N. Patel
      Abstract: As we sift—no, shovel—through one of the most tumultuous times in our country’s history, I invite you to join me in taking some solace in the tremendous and important work that the staff and attorneys of the East Bay Community Law Center (EBCLC or Law Center) do daily. Our conscientious and dedicated advocates not only shepherd clients through a range of legal issues, but work more universally—with love, compassion, and skill—to improve the basic human condition. Indeed, a day in the Law Center bears witness to a wide range of people, circumstances, and emotions. To celebrate EBCLC, then, is to pay homage to the uniqueness and humility of some of the country’s best and brightest legal aid lawyers.The stories and reflections that comprise this Festschrift are a testament to the lifelong impact that EBCLC has had not only on our immediate community, but on the staff and attorneys themselves that do the hard, relentless, and loving work of community lawyering and advocacy. Indeed, the Law Center is the place where the head, the hands, and the heart of legal education come together.
      PubDate: Wed, 11 Jul 2018 13:14:41 PDT
       
  • The Duty to Appropriate: Why Congress Has a Constitutional Obligation to
           Fund Criminal Law Enforcement

    • Authors: Daniel Martin
      Abstract: In the Federalist Papers, James Madison famously called the power of the purse “the most complete and effectual weapon” of the representatives of the people, as part of his defense of the fledgling Constitution. In practical terms, Madison’s claim has proven true time and time again—with Congress using appropriations bills to assert extensive control over the modern administrative state. In legal terms, however, the power of the purse has received remarkably short shrift in both scholarship and case law, especially regarding the relationship between congressional appropriations and the separation of powers doctrine. Specifically, there is no Supreme Court opinion or body of research that systematically defines how appropriations may influence the President’s independent constitutional functions.In response to this gap, this Note examines the relationship between appropriations and separation of powers, focusing on criminal law enforcement as a model issue. First, this Note argues that the Appropriations Clause confines spending decisions to Congress but does not give Congress plenary control over spending, requiring Congress to appropriate funds to the Executive and Judiciary for their independent constitutional functions. Second, this Note argues that criminal prosecutions should be considered an exclusive executive function, giving Congress a constitutional duty to fund criminal law enforcement. Congress may breach that duty by refusing to provide funding or by placing impermissible conditions on the use of such funds, both of which would force the President to either violate the Appropriations Clause or the Take Care Clause. Because Congress’s action would result in this unconstitutional outcome, this Note ultimately concludes that Congress has a constitutional obligation to provide funding for criminal law enforcement.
      PubDate: Wed, 11 Jul 2018 13:14:34 PDT
       
  • The Case of the Armenian Catholicosate in Sis: Places of Worship and
           Religious Freedom Claims Before the European Court of Human Rights

    • Authors: Carla Gharibian
      Abstract: On April 27, 2015, the Armenian Catholicosate (“Armenian Church” or “Church”) filed a lawsuit with the highest court in Turkey to recover the Sis Catholicosate (“Sis”), its ancient headquarters that was seized during the Armenian Genocide. The Church’s legal team has been careful to frame the suit primarily as a property claim, distinct from a call to Turkey to recognize the events of 1915–23 as genocide. Following the Turkish Constitutional Court’s rejection of the Church’s lawsuit the following year, its attorneys submitted the case to the European Court of Human Rights (“ECHR” or “Court”) on December 6, 2016, alleging violations of both property and religious rights under the European Convention on Human Rights (“Convention”). Following the Court’s rejection of the lawsuit in March 2017 for failure to exhaust domestic remedies, the Catholicosate is evaluating its next steps, including whether to file the lawsuit in Turkey’s lower courts.Framing the lawsuit primarily as a property dispute is wise as a tactical matter, given Turkey’s ongoing refusal to acknowledge the massacres as genocide. However, as a legal question, a property claim is potentially troublesome for two reasons. First, the Court’s typical characterization of property seizures as “instantaneous violations” prevents the application of its “continuing violation” doctrine, which provides jurisdiction over events that took place before the Convention’s entry into force, but which continue to have effects into the present. Second, and more significantly, the damage of the seizure goes beyond the physical bounds of Sis. The centrality of the Church itself to Armenian spiritual, cultural, and social life underscores how this dispossession was but one manifestation of the concerted eradication of an entire people. This Note argues that the Church’s most convincing route to restitution before the Court is a claim for violation of the freedom of thought, conscience, and religion under Article 9 of the Convention because such a claim can conversely be conceived of as a continuing violation. Short of recognition of the Armenian Genocide, this approach would also most explicitly acknowledge the issues of cultural erasure inherent in the dispossession of Sis.Framing the lawsuit primarily as a property dispute is wise as a tactical matter, given Turkey’s ongoing refusal to acknowledge the massacres as genocide. However, as a legal question, a property claim is potentially troublesome for two reasons. First, the Court’s typical characterization of property seizures as “instantaneous violations” prevents the application of its “continuing violation” doctrine, which provides jurisdiction over events that took place before the Convention’s entry into force, but which continue to have effects into the present. Second, and more significantly, the damage of the seizure goes beyond the physical bounds of Sis. The centrality of the Church itself to Armenian spiritual, cultural, and social life underscores how this dispossession was but one manifestation of the concerted eradication of an entire people. This Note argues that the Church’s most convincing route to restitution before the Court is a claim for violation of the freedom of thought, conscience, and religion under Article 9 of the Convention because such a claim can conversely be conceived of as a continuing violation. Short of recognition of the Armenian Genocide, this approach would also most explicitly acknowledge the issues of cultural erasure inherent in the dispossession of Sis.More broadly, this Note also argues that claims for access to places of worship before the Court are most cogent when construed primarily as violations of the freedom of thought, conscience, and religion under Article 9 rather than as property claims. A May 2016 ECHR decision involving Jehovah’s Witnesses in Turkey may provide guidance for future lawsuits in this area.
      PubDate: Wed, 11 Jul 2018 13:14:27 PDT
       
  • Procedural Retrenchment and the States

    • Authors: Zachary D. Clopton
      Abstract: Although not always headline grabbing, the Roberts Court has been highly interested in civil procedure. According to critics, the Court has undercut access to justice and private enforcement through its decisions on pleading, class actions, summary judgment, arbitration, standing, personal jurisdiction, and international law.While I have much sympathy for the Court’s critics, the current discourse too often ignores the states. Rather than bemoaning the Roberts Court’s decisions to limit court access—and despairing further developments in the age of Trump—we instead might productively focus on the options open to state courts and public enforcement. Many of the aforementioned decisions are not binding on state courts, and many states have declined to follow their reasoning. This Article documents state courts deviating from Twombly and Iqbal on pleading; the Celotex trilogy on summary judgment; Wal-Mart v. Dukes on class actions; and Supreme Court decisions on standing and international law. Similarly, many of the Court’s highly criticized procedural decisions do not apply to public enforcement, and many public suits have proceeded where private litigation would have failed. This Article documents successful state-enforcement actions when class actions could not be certified, when individual claims would be sent to arbitration, and when private plaintiffs would lack Article III standing.In sum, this Article evaluates state court and state-enforcement responses to the Roberts Court’s procedural decisions, and it suggests further interventions by state courts and public enforcers that could offset the regression in federal court access. At the same time, this analysis also illuminates serious challenges for those efforts, and it offers reasons to be cautious about state procedure and enforcement. Leveling down to state actors may not completely escape the political forces that have shaped federal procedure, and it may exacerbate some of the political economies that have undermined private enforcement and private rights to date.
      PubDate: Wed, 11 Jul 2018 13:14:21 PDT
       
  • Governance by Contract: The Implications for Corporate Bylaws

    • Authors: Jill E. Fisch
      Abstract: Boards and shareholders are increasingly using charter and bylaw provisions to customize their corporate governance. Recent examples include forum selection bylaws, majority voting bylaws, and advance notice bylaws. Relying on the contractual conception of the corporation, Delaware courts have accorded substantial deference to board-adopted bylaw provisions, even those that limit shareholder rights.This Article challenges the rationale for deference under the contractual approach. With respect to corporate bylaws, the Article demonstrates that, under Delaware law, shareholders’ power to adopt and amend bylaws is more limited than the board’s power to do so. As a result, shareholders cannot effectively constrain the board’s adoption of bylaws with which they disagree. The resulting power imbalance offers reasons to question the scope of the contract paradigm.This analysis suggests two alternative solutions. One possibility is for the Delaware courts and legislature to reconsider existing constraints on shareholder power in order to level the playing field between shareholders and directors and fully realize the contractual paradigm. This approach, which would increase shareholder power, has important normative implications. Alternatively, if Delaware law retains the existing limitations on shareholder power, this Article suggests that judicial reliance on the contract metaphor would be misguided and that courts should scrutinize board-adopted bylaws more closely.
      PubDate: Wed, 11 Jul 2018 13:14:14 PDT
       
  • Valuing Black Lives: A Constitutional Challenge to the Use of Race-Based
           Tables in Calculating Tort Damages

    • Authors: Kimberly A. Yuracko et al.
      Abstract: This Article challenges a practice in tort law that is ubiquitous, yet little noticed—namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential tortfeasors to allocate risk disproportionately to minority communities. This Article argues that the use of such tables is not only unfair; it is unconstitutional. Specifically, the Article argues that the use of race-based tables to calculate tort damages violates the Equal Protection Clause of the Fourteenth Amendment. The Article goes on to consider the broader implications of this argument and to explain why the move to truly race-neutral damage awards would require even more radical changes to our current tort system.
      PubDate: Wed, 11 Jul 2018 13:14:08 PDT
       
  • Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology

    • Authors: Bernard Chao et al.
      Abstract: The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure' The Supreme Court has held that the threshold question depends on and reflects the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct' If judges’ intuitions about privacy do not reflect actual public expectations, it may undermine the legitimacy of the criminal justice system, exacerbate social unrest, and produce unjust outcomes.Although prior research has shown that the police disproportionately target younger people and minority communities, judges tend to be male, white, educated, affluent, and older than the general population. Their intuitions may thus be systematically different. Even worse, cognitive science suggests that judges may have difficulty putting themselves into the shoes of the searched person or considering the reasonableness of the police tactics from an ex ante perspective, without knowledge about the fruits of the search.With 1,200 respondents, we conducted a large-scale survey experiment to test whether—and if so, why—contemporary Fourth Amendment jurisprudence diverges from the societal norms it purports to protect and reflect. We identify a range of privacy expectations for eighteen different police practices. We use oversampling, reweighting, and randomization to demonstrate that there is disparity between judicial and public expectations and investigate the particular causes. In close cases, these disparities are sufficiently large that the Court may be drawing conclusions that conflict with the views of ordinary citizens. We conclude by suggesting better ways forward, so that social science evidence can replace judicial speculation.
      PubDate: Wed, 11 Jul 2018 13:14:00 PDT
       
  • The Aérospatiale Dilemma: Why U.S. Courts Ignore Blocking Statutes and
           What Foreign States Can Do About It

    • Authors: M.J. Hoda
      Abstract: “Blocking statutes” are foreign laws that prohibit the transfer of information to the United States for purposes of litigation. Though many countries have adopted blocking statutes in recent decades, these statutes have met an ignoble fate in the U.S. courts. Today, U.S. judges routinely order foreign litigants to produce discovery in violation of blocking statutes, thereby subjecting them to a Hobson’s choice: flout a U.S. court order and face sanctions, or violate foreign law and risk civil and criminal penalties. In the past decade, U.S. court-ordered blocking-statute violations have increased by 2,500 percent.This Note presents an empirical analysis of the blocking-statute conflict and provides fresh guidance for foreign states. My study of fifty-six relevant cases reveals that, in determining whether to order litigants to violate blocking statutes, U.S. courts often consider whether foreign states actively enforce them. In at least twenty-three opinions, U.S. courts have found that, because the blocking statute lacked an “enforcement history,” the prospect of prosecution for violating the relevant statute was “slight and speculative.” In all twenty-three opinions, the courts went on to order violations of foreign law. By contrast, in the three opinions where courts found that foreign states actively enforced blocking statutes, courts refused to order their violation.U.S. courts have been sending a message: blocking statutes will not receive deference unless foreign states enforce them. Foreign states could respond by signaling renewed interest in their blocking statutes and penalizing parties that violate those statutes in response to U.S. court orders. If past decisions are any guide, just a few highly publicized prosecutions would have an appreciable effect on U.S. judges’ reasoning. Blocking statutes might thereby be transformed, in short order, from “paper tigers” to blockbusters.
      PubDate: Thu, 19 Apr 2018 20:12:09 PDT
       
 
 
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