Law Commons^™

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply (or not …

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It

Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey

Santa Clara High Technology Law Journal

Model(ing) Privacy: Empirical Approaches to Privacy Law and Governance

Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’

Santa Clara High Technology Law Journal

Drones: Proposed Standards of Liability

The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej

Santa Clara High Technology Law Journal

The Biosimilar Patent Dance- If You Don't Dance Your No Friend of Mine

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones

Motherhood, Abortion, And The Medicalization Of Women’S Poverty, Michelle Oberman

Faculty Publications

This article considers the impact of laws and policies that determine who experiences unplanned pregnancy, who has abortions, and how economic status shapes one’s response to unplanned pregnancy. There is a well-documented correlation between abortion and poverty: poor women have more abortions than do their richer sisters. Equally well-documented is the correlation between unplanned pregnancy and poverty. Finally, the high cost of motherhood for poor women and their offspring manifests in disproportionately high lifelong rates of poverty, ill-health and mortality for offspring and mothers, alike. Read together, these factors offer a vivid illustration of the medicalization of poverty.

Calculating Statutory Damages In Copyright Infringement Cases: What Constitutes "One Work"?, Vanessa Yu

Santa Clara Law Review

Calculating Statutory Damages in Copyright Infringement Cases: What Constitutes "One Work"?

Personal Safety Or Homelessness: The Choice A Domestic Violence Victim Has To Fight An Eviction Proceeding Without Counsel, Amanda Anna Saber

Santa Clara Law Review

Personal Safety or Homelessness: The Choice a Domestic Violence Victim has to Fight an Eviction Proceeding Without Counsel

Emerging Adulthood And The Criminal Justice System: #Brainnotfullycooked #Can'tadultyet #Yolo, Christine E. Fitch

Santa Clara Law Review

Emerging Adulthood and the Criminal Justice System: #Brainnotfullycooked #Can'tadultyet #Yolo

Constitution Over Comity: Toward Ensuring That The Senate's Advice And Consent Power Does Not "Take A Seat" To The Opportunistic Use Of Senate Rules, Michael C. Macchiarola

Santa Clara Law Review

Constitution Over Comity: Toward Ensuring that the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules

Concrete Thoughts About Abstract Ideas: Why A Nebulous Exception To Patentability Should Not Swallow Computer Software, Benjamin W. Hattenbach, Rosalyn M. Kautz

Santa Clara Law Review

Concrete Thoughts About Abstract Ideas: Why a Nebulous Exception to Patentability Should Not Swallow Computer Software

Money For Nothing: California's Outdated Illegal Gambling Forfeiture Laws Provide Criminals Low Risk And High Rewards, Mattia Murawski Corsiglia, Esq., Daniel Trager

Santa Clara Law Review

Money for Nothing: California's Outdated Illegal Gambling Forfeiture Laws Provide Criminals Low Risk and High Rewards

China’S Non-Tariff Measures And Consequent Obstacles To Trade

Santa Clara Journal of International Law

China’s Non-Tariff Measures and Consequent Obstacles to Trade

Getting The “Message” On Free Trade: Globalization, Jobs And The World According To Trump

Santa Clara Journal of International Law

Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump

Copyright And Underwater Cultural Heritage, Tyler T. Ochoa

Faculty Publications

This article will focus on three aspects of copyright law as it applies to the photography of underwater cultural heritage. First, to what extent can a salvor claim exclusive rights to photograph a particular site? Second, who is the author (or who are the authors) of such underwater photography, which increasingly involves the use of remote-controlled robotic drones? Third, to what extent can a State control the use of underwater photography that falls within its territorial waters?8 All three of these aspects have been the subject of lawsuits and judicial opinions in the United States; and those opinions shed light …

Are The Stock Markets "Rigged"? An Empirical Analysis Of Regulatory Change, Stephen Diamond

Faculty Publications

Are the stock markets "rigged"? An empirical analysis of regulatory change: Volatile events in the stock market such as the 2010 Flash Crash have sparked concern that financial markets are “rigged” in favor of trading firms that use high frequency trading (“HFT”) systems. We analyze a regulatory change implemented by the SEC in 2007 by examining its effect on a key market metric, the bid-ask spread, an investor cost, and find that the regulatory shift, indeed, disadvantages investors. We link the implementation of this change to a shift in the volume of trades from a low-cost venue to a high-cost …

The New Frontier Of Environmental Preservation: The Antiquities Act, Christopher Klapperich

Santa Clara Law Review

The New Frontier of Environmental Preservation: The Antiquities Act

The Immigrant Visa: The "Reason To Believe" Provision Under The Ina In The Context Of Consular Processing, Eddie Corona

Santa Clara Law Review

The Immigrant Visa: The "Reason to Believe" Provision Under the INA in the Context of Consular Processing

China's New Cybersecurity Law And U.S-China Cybersecurity Issues, Liudmyla Balke

Santa Clara Law Review

China's New Cybersecurity Law and U.S-China Cybersecurity Issues

Empathy Leads To Death: Why Empathy Is An Adversary Of Capital Defendants, Erik Aucion

Santa Clara Law Review

Empathy Leads to Death: Why Empathy is an Adversary of Capital Defendants

Broadband Privacy, Sean Howell

Santa Clara Law Review

Broadband Privacy

Litigation Signals, Shay Lavie, Avraham Tabbach

Santa Clara Law Review

Litigation Signals

Taking Ai Personally: How The E.U. Must Learn To Balance The Interests Of Personal Data Privacy & Artificial Intelligence, Humerick, Matthew

Santa Clara High Technology Law Journal

Taking AI Personally: How the E.U. Must Learn to Balance the Interests of Personal Data Privacy & Artificial Intelligence

The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act, Dole Jr, Richard F.

Santa Clara High Technology Law Journal

The Contract Exception to the Uniform Trade Secrets Act and Its Implications for the Federal Defend Trade Secrets Act

The Return Of The Plague: Inequitable Conduct After Regeneron V. Merus, Avery, Matthew, Kempf, Matthew, Liang, Amy

Santa Clara High Technology Law Journal

The Return of the Plague: Inequitable Conduct After Regeneron V. Merus

The Right Tool For Trade Relations With China, Anna M. Han, Colleen Chien

Faculty Publications

In life, it’s important to have the right tool for the job, and trade is no different. The technology and intellectual property issues at the heart of the recent US-China trade dispute are complex and nuanced. Tariffs are a big stick good for shaking at partners but also, as the stock markets dramatic reaction shows us, capable of great collateral damage. And so, as an alternative to the blunt instrument of tariffs, we propose some surgical policy interventions, unilateral and bilateral, for moving forward.

The US Trade Representative’s premise for the sanctions is nothing new—that US companies are tired of …