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Where are our dead? Remembering Deborah Rhode
No full textArticle title in Italian: Dove sono i nostri morti? Il ricordo di Deborah Rhode.
This article is available online in English and Italian
Biden’s Vaccination Mandate Plan: A Scatter-shot of Legal Solutions
Get PDFThe current COVID-19 pandemic is dominated by one trait. Data shows that nearly all COVID-19 related deaths in the United States are suffered by people who are not vaccinated. Hospitalizations are similarly unbalanced, with unvaccinated patients making up between 95% to 99.9% of the population of COVID-19 patients in hospitals.
In response, on September 9, 2021, President Joe Biden announced an action plan addressing the COVID-19 pandemic. The first part of the plan focused on increasing the population of domestically-vaccinated individuals. This first part of the plan can be divided into five policy goals. Four of those plan’s policy goals reference employers and employees, and the fifth consists of a request for large entertainment venues to require their customers provide proof of vaccination. Of the remaining four parts of the plan, the first and fourth call for section Occupational Safety and Health (OSHA) emergency temporary standards (ETS): one for employers with more than a hundred workers, and one requiring employers to give workers paid time off in order to get vaccinated. The second policy consists of an Executive Order requiring COVID-19 vaccination for federal employees and another Executive Order aimed at increasing vaccinations for federal contractors. The third policy is made up of a set of Centers for Medicare & Medicaid Services (CMS) emergency regulations expanding earlier vaccination requirements to a greater number of health care settings
CLIMATE CHANGE AND SOCIAL VULNERABILITY IN THE UNITED STATES A Focus on Six Impacts
Get PDFClimate change affects all Americans—regardless of socioeconomic status—and many impacts are projected to worsen as temperatures and sea levels continue to rise, snow and rainfall patterns shift, and some extreme weather events become more common. A growing body of literature focuses on the disproportionate and unequal risks that climate change is projected to have on communities that are least able to anticipate, cope with, and recover from adverse impacts. Many studies have discussed climate change impacts on socially vulnerable populations, but few have quantified disproportionate risks to socially vulnerable groups across multiple impacts and levels of global warming.
This report contributes to a better understanding of the degree to which four socially vulnerable populations—defined based on income, educational attainment, race and ethnicity, and age—may be more exposed to the highest impacts of climate change in six categories: Air Quality and Health; Extreme Temperature and Health; Extreme Temperature and Labor; Coastal Flooding and Traffic; Coastal Flooding and Property; and Inland Flooding and Property
Front Matter
Get PDFFront Matter includes Masthead, Preface, List of Faculty and Administration, and Table of Contents
Reimagining Criminal Justice: What Good Has Come From the \u27Good\u27 Faith Exception?
Get PDFOn March 13, 2020, Breonna Taylor settled into bed with her boyfriend Kenneth Walker after she finished working back-to-back shifts as an emergency room technician in Louisville, Kentucky. At around 12:30 a.m., the couple heard banging coming from their front door, they asked who was at the door. They heard no response. Suddenly, the front door “flies off its hinges” and armed men began to enter their apartment. Walker, a licensed gun owner, fired at the intruders, shooting one in the leg, to protect himself and Ms. Taylor from unknown intruders.
The intruders returned fire, with around thirty rounds, killing Taylor. Taylor was innocent and only 26 years old when she died. The intruders who killed her were actually police officers in plain clothing executing what investigations are revealing to have been an invalid search warrant in the middle of the night.
The Fourth Amendment protects the right of the people against unreasonable searches, seizures, and warrantless conduct by government actors, such as police officers. The court has added safeguards to this amendment, with the seminal cases of U.S. v. Weeks and Mapp v. Ohio. The court created the exclusionary rule, which excludes evidence obtained in violation of the Fourth Amendment from criminal trials. Initially designed as a multifaceted legal mechanism to uphold judicial integrity, deter police misconduct and serve as a remedy for those who are victims of constitutional violations. The deterrent value was meant to help protect the public at large, especially those who are innocent of any wrongdoing, like Taylor, from being subject to such illegal searches and the deadly consequences they may present
Dent v. NFL LMRA 301 Preemption – The Ninth Circuit Court of Appeals Throws a Penalty Flag on the NFL
Get PDFPart I of this Note will discuss the procedural history of the case, the Ninth Circuit’s application of the two-pronged test to determine if LMRA 301 preempted the players’ state-law claims, the facts of Dent v. NFL, and finally a brief history of the NFL and its usage of CBAs. Part II will give a brief overview of the Supreme Court’s development of LMRA 301 jurisprudence as well as its rulings on when LMRA 301 should preempt state-law tort claims. Part III will discuss the decisions by the Eighth Circuit in Williams and by the Eleventh Circuit in Atwater. Part IV of this Note will discuss why the Ninth Circuit’s test should be adopted throughout the federal court system to analyze whether LMRA 301 preempts state-law claims
Attacks on the Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?
Get PDFAt the start of 2021, images of violent attacks on Asian individuals all across the nation began flooding social media timelines. Large protests shortly followed these attacks in support of the Asian Community to “Stop Asian Hate.” Since then, reports and images of such attacks have only become more and more common, with the Atlanta Spa Shootings at the forefront of the conversation. As a result, much of the public and the media have been referring to these attacks as “hate crimes.” Yet, prosecutors are not seeking hate-crime enhancements in many of these cases. Several high-profile cases demonstrate the evidentiary and ethical hurdles that prosecutors must consider when deciding whether to bring forward a hate crime charge. These considerations raise a critical question: When can prosecutors seek hate crime enhancements for attacks on the Asian Community
Contracts as Systems
Get PDFA contract is much more complex than its individual terms would suggest. Yet contract scholars have traditionally taken a reductionist approach to the study of contracts. According to contractual reductionism, a contract can be understood through each of its constituent terms. Recent scholarship, however, has begun to challenge contractual reductionism\u27s term-by-term view of contracts. Building on this work, this Article provides the first application of complex systems theory to contracts, arguing that a contract is a complex system that is greater than the sum of its terms. A complex system is composed of many components that interact in a nontrivial manner. Complex systems theory is an interdisciplinaryfi eld of study that has been used to analyze a broad range of complex systems including living organisms, cities, economies, technology systems, and ecosystems. One of the key findings of complex systems theory is that complex systems exhibit a surprising degree of similarity and common behavior across diverse contexts - a finding that holds when extended to contracts. To provide a framework for understanding and analyzing a contract as a complex system, the Article models a contract using concepts drawn from complex systems theory. The Article then uses this model to demonstrate that contract systems exhibit many key properties observed in other complex systems. The Article ends by discussing how a complex systems approach to contracts informs contract design, interpretation, and analysis. The Article makes three primary contributions. First, the Article extends the scholarship challenging contractual reductionism through the first application of complex systems theory to contracts. Second, the Article models a contract as a complex system and identifies key properties of contract systems. Third, the Article shows how complex systems theory can be used to improve the design, interpretation, and analysis of contracts. The Article\u27s findings have significant implications for lawyers, judges, and legal technology companies
Enhanced Trauma Responsive Substance Abuse Treatment: Improving Outcomes for Justice Involved Women with Substance Use Disorder in San Mateo County
Get PDFJustice involved women have higher rates of trauma and more severe substance use than men (McConnell, 2017; Zlotnick, et al., 2009; Messina et al., 2006). Their trauma symptoms frequently interfere with their ability to engage meaningfully in treatment and contribute to a cycle which brings them into custody repeatedly (Finkelstein et al., 2014). This capstone project addresses the needs of justice involved women with substance use disorder (SUD) in San Mateo County (SMC) for a program that effectively addresses their trauma as well as their substance use and criminogenic thinking. SMC currently provides a model of care which begins in custody, the Choices Program, and continues with residential treatment post-release. This capstone project proposes to augment this treatment model with trauma-focused therapy during residential treatment provided by the same therapist who provides coping skills development groups in the jail. This new model will be referred to as “Enhanced Trauma Responsive Substance Abuse Treatment” or ETRSAT. A review of the relevant treatment outcome literature provides the basis for an evaluation of the current and proposed treatment models, as well as justice system costs. Utilizing a mixed quantitative/qualitative research plan of key witness interviews of professionals who provide services to and a survey of women who have been in Choices, the project will develop primary data regarding the need for and potential outcomes relating to the proposed program. This project has the potential to prompt public agencies and correctional health services, generally, to reconceptualize appropriate treatment for persons struggling with SUD and trauma, improve the lives of justice involved women, their families and their communities, as well as reduce costs to the criminal justice system and the public
INTERVIEW: Black Lives Matter—A Discussion with Two Civil Rights Attorneys
Get PDFDr. Martin Luther King Jr. once said, “Human progress is neither automatic nor inevitable . . . every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertions and passionate concern of dedicated individuals.” The Black Lives Matter (“BLM”) movement has a formal presence in the United States, the United Kingdom, and Canada. The founders’ outrage at the acquittal of George Zimmerman, who they believed murdered Trayvon Martin in 2013, fueled BLM’s mission to empower Black communities to intervene in the violence inflicted on those communities by both the State and vigilantes and to eradicate white supremacy. Further, BLM goals include “combating and countering acts of violence, creating space for Black imagination and innovation, and centering Black joy to win immediate improvements.”
The movement seeks to center on those who have been marginalized by previous Black liberation movements. BLM affirms Black queer and trans individuals’ lives and seeks to move Black communities beyond “narrow nationalism.” It also works to create a world where Black lives are not “systematically targeted for demise” and affirm humanity in all of those facing “deadly oppression.” I reached out to two Black civil rights attorneys to give me their perspective on BLM. Both are alumni of Golden Gate University School of Law. The first, Walter Riley, graduated in 1968 and was recommended by Professor Leslie Rose, and the second, Dewitt M. Lacy, spoke in my Criminal Procedure class about his work as a civil rights attorney