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Berkeley Law

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Articles 1 - 30 of 2900

Full-Text Articles in Law

Limited Inalienability Rules, Ariel Porat, Stephen Sugarman Mar 2019

Limited Inalienability Rules, Ariel Porat, Stephen Sugarman

Faculty Scholarship

No abstract provided.


The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Avi-Yonah, Lily Batchelder, J Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan Feb 2019

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven Avi-Yonah, Lily Batchelder, J Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Faculty Scholarship

No abstract provided.


Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California's Housing Policy Debates, Moira O'Neill, Giulia Gualco-Nelson, Eric Biber Jan 2019

Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California's Housing Policy Debates, Moira O'Neill, Giulia Gualco-Nelson, Eric Biber

Faculty Scholarship

No abstract provided.


Protecting The Nation From Honor Killings: The Construction Of A Problem, Leti Volpp Jan 2019

Protecting The Nation From Honor Killings: The Construction Of A Problem, Leti Volpp

Faculty Scholarship

No abstract provided.


Loving V. Virginia: A Triumph And A Failure Of The Supreme Court, Erwin Chemerinsky Jan 2019

Loving V. Virginia: A Triumph And A Failure Of The Supreme Court, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


From Loving V. Virginia To Washington V. Davis: The Erosion Of The Supreme Court's Equal Protection Intent Analysis [Article], Angela Onwuachi-Willig Jan 2019

From Loving V. Virginia To Washington V. Davis: The Erosion Of The Supreme Court's Equal Protection Intent Analysis [Article], Angela Onwuachi-Willig

Faculty Scholarship

No abstract provided.


Explicit Bias: Why Criminal Justice Reform Requires Us To Challenge Crime Control Strategies That Are Anything But Race Blind, Jonathan Simon Jan 2019

Explicit Bias: Why Criminal Justice Reform Requires Us To Challenge Crime Control Strategies That Are Anything But Race Blind, Jonathan Simon

Faculty Scholarship

No abstract provided.


The Executive Power Of Reversal, John C. Yoo Jan 2019

The Executive Power Of Reversal, John C. Yoo

Faculty Scholarship

No abstract provided.


Private Accountability In The Age Of Artificial Intelligence, Sonia K. Katyal Jan 2019

Private Accountability In The Age Of Artificial Intelligence, Sonia K. Katyal

Faculty Scholarship

In this Article, I explore the impending conflict between the protection of civil rights and artificial intelligence (AI). While both areas of law have amassed rich and well-developed areas of scholarly work and doctrinal support, a growing body of scholars are interrogating the intersection between them. This Article argues that the issues surrounding algorithmic accountability demonstrate a deeper, more structural tension within a new generation of disputes regarding law and technology. As I argue, the true promise of AI does not lie in the information we reveal to one another, but rather in the questions it raises about the interaction ...


Labor Power And Industrial And Political Democracy, Catherine Fisk Jan 2019

Labor Power And Industrial And Political Democracy, Catherine Fisk

Faculty Scholarship

No abstract provided.


The Influence Of The States In Constitutional Change: A Comparison Of American And Korean Approaches To Constitutional Amendment, John Yoo Dec 2018

The Influence Of The States In Constitutional Change: A Comparison Of American And Korean Approaches To Constitutional Amendment, John Yoo

Faculty Scholarship

No abstract provided.


Addressing Inequality In The Age Of Citizens United, Bertrall L. Ross Ii Nov 2018

Addressing Inequality In The Age Of Citizens United, Bertrall L. Ross Ii

Faculty Scholarship

No abstract provided.


False Speech And The First Amendment, Erwin Chemerinsky Oct 2018

False Speech And The First Amendment, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher Aug 2018

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Center for Law, Energy & the Environment Publications

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for nonextractive purposes ...


George Stigler On His Head: The Consequences Of Restrictions On Competition In (Bank) Regulation, Prasad Krishnamurthy Aug 2018

George Stigler On His Head: The Consequences Of Restrictions On Competition In (Bank) Regulation, Prasad Krishnamurthy

Faculty Scholarship

Bank regulation used to be riddled with price, product, entry, and location restrictions. Such restrictions were intended to prevent the recurrence of crises, such as those of the 1930s and 1940s. Over time, however, regulatory acquiescence to technological and institutional innovation undermined their ability to limit competition. An intellectual turn toward valorizing competition also hastened their demise. George Stigler, in particular, provided a trenchant critique of all such regulation as the product of pure rent seeking by private industry.

This Article revisits the role ofsuch restrictions on competition in banking. On the one hand, the public choice account of these ...


What About #Ustoo: The Invisibility Of Race In The #Metoo Movement, Angela Onwuachi-Willig Jun 2018

What About #Ustoo: The Invisibility Of Race In The #Metoo Movement, Angela Onwuachi-Willig

Faculty Scholarship

No abstract provided.


Predatory Pricing: Limiting Brooke Group To Monopolies And Sound Implementation Of Price-Cost Comparisons, Aaron S. Edlin Jun 2018

Predatory Pricing: Limiting Brooke Group To Monopolies And Sound Implementation Of Price-Cost Comparisons, Aaron S. Edlin

Faculty Scholarship

No abstract provided.


Partisan Gerrymandering, The First Amendment, And The Political Outsider, Bertrall L. Ross Ii Jun 2018

Partisan Gerrymandering, The First Amendment, And The Political Outsider, Bertrall L. Ross Ii

Faculty Scholarship

No abstract provided.


Valuation Disputes In Corporate Bankruptcy, Kenneth Ayotte, Edward R. Morrison Jun 2018

Valuation Disputes In Corporate Bankruptcy, Kenneth Ayotte, Edward R. Morrison

Faculty Scholarship

No abstract provided.


Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania Jun 2018

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Faculty Scholarship

No abstract provided.


Tobriner Memorial Lecture: Free Speech On Campus, Erwin Chemerinsky Jun 2018

Tobriner Memorial Lecture: Free Speech On Campus, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Lincoln, Presidential Power, And The Rule Of Law, Daniel A. Farber Jun 2018

Lincoln, Presidential Power, And The Rule Of Law, Daniel A. Farber

Faculty Scholarship

No abstract provided.


A Constitutional Path To Fair Representation For The Poor, Bertrall L. Ross Ii Jun 2018

A Constitutional Path To Fair Representation For The Poor, Bertrall L. Ross Ii

Faculty Scholarship

No abstract provided.


Archibald Cox And The Diversity Justification For Affirmative Action, David B. Oppenheimer Jun 2018

Archibald Cox And The Diversity Justification For Affirmative Action, David B. Oppenheimer

Faculty Scholarship

No abstract provided.


The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arrow-Richman, Daniel D. Barnhizer, Scott J. Burnham, Mark P. Gergen, Charles Calleros, Richard R. Carlson, Larry T. Garvin, Nadelle Grossman, F E. Guerra-Pujol, Jeffrey L. Harrison Jun 2018

The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arrow-Richman, Daniel D. Barnhizer, Scott J. Burnham, Mark P. Gergen, Charles Calleros, Richard R. Carlson, Larry T. Garvin, Nadelle Grossman, F E. Guerra-Pujol, Jeffrey L. Harrison

Faculty Scholarship

No abstract provided.


Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring Jun 2018

Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring

Faculty Scholarship

No abstract provided.


The Stickiness Of The Mdl Statute, Andrew Bradt Jun 2018

The Stickiness Of The Mdl Statute, Andrew Bradt

Faculty Scholarship

No abstract provided.


Presidential Authority To Revoke Or Reduce National Monument Designations, John Yoo, Todd Gaziano Jun 2018

Presidential Authority To Revoke Or Reduce National Monument Designations, John Yoo, Todd Gaziano

Faculty Scholarship

No abstract provided.


Learning From California’S Experience With Small Water System Consolidations: A Workshop Synthesis, Nell Green Nylen, Camille Pannu, Michael Kiparsky May 2018

Learning From California’S Experience With Small Water System Consolidations: A Workshop Synthesis, Nell Green Nylen, Camille Pannu, Michael Kiparsky

Center for Law, Energy & the Environment Publications

California recognizes a human right to safe, affordable drinking water. However, small and disadvantaged communities can find it especially challenging to fund the water systems necessary to achieve this goal. Small water systems are responsible for the bulk of the state’s drinking water quality violations, and an estimated 300 disadvantaged communities in California are served by systems that fail to meet state drinking water standards.

Water system consolidations can create economies of scale that help address persistent water system inadequacies in small and disadvantaged communities. More than 100 consolidation projects have been completed or are ongoing in California, and ...


Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost May 2018

Lgbt Equality And Sexual Racism, Russell K. Robinson, David M. Frost

Faculty Scholarship

No abstract provided.