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Santa Clara Law Review
MEDICAL DEVICE STERILIZATION AS A PUBLIC HEALTH PARADOX
Abstract: Medical device sterilization processes are a public health paradox. Sterility is necessary to assure product safety, yet emissions from the most common form of industrial sterilization, ethylene oxide (EtO), cause cancer. The connection between ethylene oxide and health risks has existed for decades, though recent litigation, state legislation, and advocacy efforts have illuminated the risks. This Article explores the large-scale EtO emissions in Willowbrook, Illino
Jordan Paradise
MODELING MEANING: CAUSAL INFERENCE UNDER THE CALIFORNIA RACIAL JUSTICE ACT
Abstract: In order to evaluate claims arising under the California Racial Justice Act (RJA), judges and attorneys need to learn how to draw inferences about racial disparity from data—and, equally importantly, to learn how to avoid drawing inaccurate inferences from data. The key questions in many RJA claims are, first, how to determine what constitutes “defendant[s] who have engaged in similar conduct and are similarly situated” and, second, what might supply race-neutral re
W. David Ball
THE DISPARITY IN LITIGATING RACIAL DISPARITY CLAIMS: THE NEED FOR CALIFORNIA COURTS TO ARTICULATE A FRAMEWORK FOR ASSESSING RACIAL JUSTICE ACT CHALLENGES TO CHARGING, CONVICTION, AND SENTENCING
Abstract: Under California’s Racial Justice Act (RJA)—codified in Penal Code section 745—the state may not seek or obtain a criminal conviction or sentence on the basis of race, ethnicity, or national origin. There are four pathways to establishing an RJA violation. Two of the pathways proscribe discriminatory or biased conduct or language inside or outside the courtroom by specified criminal legal system actors, including judges, attorneys, law enforcement officers, and expe
Lisa M. Romo
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