Law Commons^™

Enabling Instream Rights In The Mill Creek Zanja, Tyler Fields

UC Law Environmental Journal

The Mill Creek Zanja is a 200-year-old, twelve-mile canal cut from the banks of a nearby stream. The Zanja was built originally as an irrigation canal to serve agriculture and industry in what is now Redlands, California located just outside Los Angeles. Since the Zanja’s construction in the early 19th century, the “rights” to the waters of the Zanja have been intensely litigated, highly sought after, and heavily debated. Today, the Zanja flow is around 40,000 to 50,000 acre feet per year. The water is used primarily by the City of Redlands for drinking water and by Crafton Water Company …

You Say Fiduciary, I Say Binary: A Review And Recommendation Of Robo-Advisors And The Fiduciary And Best Interest Standards, Sophia Duffy, Steve Parrish

UC Law Business Journal

Automated investment advice platforms, also known as “roboadvisors”, are investment advice tools that have quickly grown in popularity over the last decade. These sophisticated software platforms allow individuals to receive low-cost financial advice about various financial planning goals, such as creating or adjusting investment portfolios, retirement planning, education funding, and the like, simply by entering asset and demographic information into an online platform. The robo-advisors automatically generate the financial advice based on the data inputs with little to no involvement from a human financial advisor. The allure of these low-cost, easily accessible robo-advisors has captured a large segment of the …

Masthead

UC Law Business Journal

No abstract provided.

Ab-5 And Drive: Worker Classification In The Gig Economy, Kai Thordarson

UC Law Business Journal

Gig-economy platforms such as Uber and Lyft rely on their drivers as the backbone of their ride-sharing operations. These drivers, typically classified as independent contractors, are in a state of regulatory flux regarding their worker classification. Due to the novelty of the workeremployee relationship in gig-economy platforms, these drivers exist in a regulatory gray area. California, with its very recent (and very controversial) Assembly Bill 5, has changed its operative worker-classification formulation to the worker-friendly “ABC” test in an attempt to statutorily modernize the burgeoning industry. In addition to analyzing the range of tests and their effect on the gig …

Foreword, Lauren Goto, Alex Crutchfield

UC Law Business Journal

No abstract provided.

The (Un)Predictable Impact Of Technology On Corporate Governance, Chiara Picciau

UC Law Business Journal

This article offers a novel account of the likely impact of new technologies—such as big data, algorithms, artificial intelligence, the blockchain, and smart contracts—on corporate governance. It shows that, contrary to common predictions, one of the most significant and immediate effects of these technologies on corporations concerns the distribution of competences and responsibilities among corporate bodies. The claim is supported by identifying five primary determinants of the current balance of powers in corporate organizations: (i) the speed and frequency of the decisions; (ii) the information necessary to decide and who has access to it; (iii) the costs of assigning decision-making …

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Gina Ahmar, Rebecca Siegel

UC Law Business Journal

No abstract provided.

Payment For Order Flow And The Great Missed Opportunity, Joel Seligman

UC Law Business Journal

No abstract provided.

The Hiring Entity’S Usual Course Of Business, Syed M. Q. Ali Khan

UC Law Business Journal

The ABC test has increasingly become a tool to differentiate employees from independent contractors. Companies and counsel throughout the nation have grappled with Part B of this test, which requires a determination of the hiring entity’s “usual course of business.” Adjudicators have provided little guidance on how to conduct this analysis and are admittedly frustrated with this “elusive concept.” Yet a thorough treatment of the analytical framework and guiding principles of Part B of the ABC Test has not been put forth.

This article fills this void in scholarship. By tracing the relevant concepts to the common law control test, …

Digitizing The Dollar: Privacy Considerations And Policy Prescriptions For A U.S. Central Bank Digital Currency, Gina Ahmar

UC Law Business Journal

No abstract provided.

Turbulent Times At Treasury: Applying The Appointments Clause To Irs Appeals Officers, Christopher Dykzeul

UC Law Business Journal

No abstract provided.

Section 10(B) And The Fiduciary Conundrum, Thomas M. Madden

UC Law Business Journal

No abstract provided.

Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman

UC Law SF Communications and Entertainment Journal

No abstract provided.

A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography, Cecilia Grimaldi

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic

UC Law Constitutional Quarterly

We address a recurring problem in movement scholarship and activism: why do some civil rights organizations persist in promoting themselves as advocates of equal protection when street activists rarely mention it, and lawyers know that litigation brought under that clause almost always loses? Try to recall the last time you heard of a street protest by a group—say Mexican-American school children in Tucson, Arizona, Black victims of police violence, or military women subjected to sexual harassment— proceeding under the banner of equal protection. Or think when you last read of a lawyer who brought and won a case for a …

A Push For An Egalitarian Constitution, Richelle Joy Gernan

UC Law Constitutional Quarterly

No abstract provided.

The Special Purpose District Reconsidered: The Fifth Circuit’S Recent Declaration That The Edwards Aquifer Authority Is A Special Purpose District Under The Voting Rights Act, And The Tortured History That Led To That Decision, Christopher Brown

UC Law Environmental Journal

No abstract provided.

Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate

UC Law Environmental Journal

Several international policy documents define the environment as made of “natural heritage” and “cultural heritage” together, along the lines of concepts such as “biosphere” or “ecosystem” which have been introduced relatively recently to define the complexity of humanenvironment interactions. Nevertheless, distinguishing natural heritage from the cultural one helps analyse situations where damage inflicted to the former negatively impacts the latter. In fact, cultural heritage sits under siege worldwide due to polluting activities and environmental degradation, which are causing irreparable damage to—or even the disappearance of— valuable expressions of civilisations’ legacy. Most damages are transboundary, thereby calling into question bilateral forms …

Foreword, Richelle Joy Gernan, Cecilia Salem

UC Law Constitutional Quarterly

No abstract provided.

American Imperialism In Hawai’I: How The United States Illegally Usurped A Sovereign Nation And Got Away With It, Noelani Nasser

UC Law Constitutional Quarterly

In 1778, England’s Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai’i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural identities that were not present in England or the newly independent United States. Following the United States’ overthrow of the Hawaiian monarchy in 1893, the United States quickly enacted legislation that severely impacted the Native Hawaiians. This paper will discuss historical events in Hawai’i from 1778 to the twenty-first century …

Foreword, Ritchie Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang

UC Law SF International Law Review

Drawing upon overseas experiences, notably the U.S., China introduced the legal regime for shareholder inspection rights in its first national company law and over the years, has gradually developed more detailed rules and made amendments intended to better suit the local conditions. Apart from written law, this paper also conducts an empirical study of how the law has been applied in practice, by examining relevant cases adjudicated from 2012 to 2017. The empirical findings show that China’s shareholder inspection rights have some distinctive features, and there are similarities and differences between China and the U.S. (as represented by Delaware). Despite …

From The Editor-In-Chief, Ashlee Raskulinecz

UC Law SF International Law Review

No abstract provided.

Creative Differences: Indigenous Artists And The Law At 20th Century Nation-Building Exhibitions, Lucas Lixinski, Stephen Young

UC Law SF International Law Review

Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state’s legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state identity. We analyze four major exhibitions, one from each of these countries to de-naturalize legal institutions responsible for the oppression of Indigenous people. This agenda-setting, comparative legal analysis yields valuable insights for the regulation of the contemporary Indigenous art market, and to understand how culture makes legal personality.

The Law And Ecology Of Dam Removals, Dave Owen, Kim Sager-Fradkin

Faculty Scholarship

No abstract provided.