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Integrating Solar Pv And Distributed Renewable Energy Policies And Programs Into California City And County General Plans, Christopher Williams, Mark Goodman, Ethan Elkind Dec 2014

Integrating Solar Pv And Distributed Renewable Energy Policies And Programs Into California City And County General Plans, Christopher Williams, Mark Goodman, Ethan Elkind

Center for Law, Energy & the Environment Publications

No abstract provided.


The State As Witness: Windsor, Shelby County, And Judicial Distrust Of The Legislative Record, Bertrall L. Ross Ii Dec 2014

The State As Witness: Windsor, Shelby County, And Judicial Distrust Of The Legislative Record, Bertrall L. Ross Ii

Faculty Scholarship

More than ever, the constitutionality of laws turns on judicial review of an underlying factual record, assembled by lawmakers. Some scholars have suggested that by requiring extensive records, the Supreme Court is treating lawmakers like administrative agencies. The assumption underlying this metaphor is that if the state puts forth enough evidence in the record to support the law, its action will survive constitutional scrutiny. What scholars have overlooked, however, is that the Court is increasingly questioning the credibility of the record itself Even in cases where the state produces adequate evidence to support its action, the Court sometimes invalidates the ...


California Constitutional Law: The Guarantee Clause And California's Republican Form Of Government, David A. Carrillo, Stephen M. Duvernay Dec 2014

California Constitutional Law: The Guarantee Clause And California's Republican Form Of Government, David A. Carrillo, Stephen M. Duvernay

Faculty Scholarship

No abstract provided.


Substance And Procedure In The Reform Of Criminal Sentencing, Franklin E. Zimring Dec 2014

Substance And Procedure In The Reform Of Criminal Sentencing, Franklin E. Zimring

Faculty Scholarship

No abstract provided.


Reforming The Division Of Juvenile Justice, Barry Krisberg Dec 2014

Reforming The Division Of Juvenile Justice, Barry Krisberg

Faculty Scholarship

No abstract provided.


Overlooking Equality On The Road To Griswold, Melissa Murray Dec 2014

Overlooking Equality On The Road To Griswold, Melissa Murray

Faculty Scholarship

No abstract provided.


Tax Credit School Scholarship Plans, Stephen D. Sugarman Dec 2014

Tax Credit School Scholarship Plans, Stephen D. Sugarman

Faculty Scholarship

No abstract provided.


The Permit Power Revisited: The Theory And Practice Of Regulatory Permits In The Administrative State, Eric Biber, J.B. Ruhl Nov 2014

The Permit Power Revisited: The Theory And Practice Of Regulatory Permits In The Administrative State, Eric Biber, J.B. Ruhl

Faculty Scholarship

Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the "permit power," under which legislatures prohibit a specified activity by statute and delegate to administrative agencies the discretionary power to authorize the activity under terms the agency mandates in a regulatory permit. Accurately describing the permit power as an "enormous power in the state," Epstein bemoaned that it had "received scant attention in the academic literature." He sought to fill that gap. Centered on the premise that the permit power represents "a complete inversion of ...


Unconvincing Case Against Private Prisons, The The Jerome Hall Lecture, Malcolm Feeley Oct 2014

Unconvincing Case Against Private Prisons, The The Jerome Hall Lecture, Malcolm Feeley

Faculty Scholarship

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled ...


Reuse And Repower: How To Save Money And Clean The Grid With Second-Life Electric Vehicle Batteries, Ethan Elkind Sep 2014

Reuse And Repower: How To Save Money And Clean The Grid With Second-Life Electric Vehicle Batteries, Ethan Elkind

Center for Law, Energy & the Environment Publications

No abstract provided.


Integrating Infill Planning In California’S General Plans: A Policy Roadmap Based On Best-Practice Communities, Christopher Williams, Ethan Elkind Sep 2014

Integrating Infill Planning In California’S General Plans: A Policy Roadmap Based On Best-Practice Communities, Christopher Williams, Ethan Elkind

Center for Law, Energy & the Environment Publications

No abstract provided.


Progressive Property Moving Forward, Timothy M. Mulvaney Sep 2014

Progressive Property Moving Forward, Timothy M. Mulvaney

CLR Online

In response to Ezra Rosser's article, The Ambition and Transformative Potential of Progressive Property, 101 Calif. L. Rev. 107 (2013), Timothy Mulvaney expresses more confidence than does Rosser in property's potential to serve a role in furthering a progressive society. If property is to serve in this role, however, Mulvaney suggests it is important to redesign and reinterpret property in accordance with three themes-transparency about property rules' value-dependence,humility about the reach of human knowledge and the mutability of our normative positions, and a concern for the socioeconomic identities of those affected by resource disputes-that underlie a broader ...


Title Ix And Pregnancy Discrimination In Higher Education: The New Frontier, Mary Ann Mason, Jaclyn Younger Sep 2014

Title Ix And Pregnancy Discrimination In Higher Education: The New Frontier, Mary Ann Mason, Jaclyn Younger

Faculty Scholarship

Pregnancy discrimination is a little known area covered by Title IX. According to the Title IX regulations, areas of prohibited discrimination include: admissions; hiring; coursework accommodations and completion; pregnancy leave policies and status protection upon return from leave; and health insurance coverage. These regulations will soon get more attention as the Obama Administration insists on Title IX dissemination and compliance in an effort to stop the leaky pipeline for women in the STEM fields. Research shows that pregnancy and childbirth are the major reasons why women drop out of research science in much greater numbers than men; this dropout is ...


How Should Governments Promote Distributive Justice?: A Framework For Analyzing The Optimal Choice Of Tax Instruments, David Gamage Sep 2014

How Should Governments Promote Distributive Justice?: A Framework For Analyzing The Optimal Choice Of Tax Instruments, David Gamage

Faculty Scholarship

No abstract provided.


Addressing Climate Change Without Legislation: Volume 3: Usda, Romany Webb, Steven Weissman Aug 2014

Addressing Climate Change Without Legislation: Volume 3: Usda, Romany Webb, Steven Weissman

Center for Law, Energy & the Environment Publications

No abstract provided.


Is There A Remedy For The Irrelevance Of Academic Criminal Law, Franklin E. Zimring Aug 2014

Is There A Remedy For The Irrelevance Of Academic Criminal Law, Franklin E. Zimring

Faculty Scholarship

No abstract provided.


Addressing Climate Change Without Legislation: Volume 2: Ferc, Steven Weissman, Romany Webb Jul 2014

Addressing Climate Change Without Legislation: Volume 2: Ferc, Steven Weissman, Romany Webb

Center for Law, Energy & the Environment Publications

No abstract provided.


Outcome-Based Regulatory Strategies For Promoting Greater Patient Safety, Stephen D. Sugarman Jul 2014

Outcome-Based Regulatory Strategies For Promoting Greater Patient Safety, Stephen D. Sugarman

Faculty Scholarship

The patient safety movement seeks to reduce the number ofavoidable injuries and diseases that patients suffer while in hospital. Two regulatory strategies in support ofthat movement are explored here. "Required disclosure" would rely on market responses to an increase in publicly available information about hospital errors. "Performancebased regulation" would require hospitals to reduce their error rate or suffer substantialf inancialp enalties. Both approaches are designed to give medical service providers incentives to promote safety without resorting to "command and control" regulation under which government experts tell hospitals how to act.


Lapses Of Attention In Medical Malpractice And Road Accidents, Robert Cooter, Ariel Porat Jul 2014

Lapses Of Attention In Medical Malpractice And Road Accidents, Robert Cooter, Ariel Porat

Faculty Scholarship

A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for "reasonable" lapses distorts doctors ', drivers', and manufacturers 'incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for ...


The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden Jul 2014

The Path Of Ip Studies: Growth, Diversification, And Hope, Pamela Samuelson, Robert P. Merges, John M. Golden

Faculty Scholarship

Symposium introduction: Steps Toward Evidence-Based IP


Watching Tv On Internet-Connected Devices, Pamela Samuelson Jul 2014

Watching Tv On Internet-Connected Devices, Pamela Samuelson

Faculty Scholarship

No abstract provided.


A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John C. Yoo Jul 2014

A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John C. Yoo

Faculty Scholarship

No abstract provided.


Addressing Climate Change Without Legislation: Volume 1: Doi, Romany Webb, Steven Weissman Jun 2014

Addressing Climate Change Without Legislation: Volume 1: Doi, Romany Webb, Steven Weissman

Center for Law, Energy & the Environment Publications

No abstract provided.


Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman Jun 2014

Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman

Faculty Scholarship

No abstract provided.


Our Broken Death Penalty, William A. Fletcher Jun 2014

Our Broken Death Penalty, William A. Fletcher

Faculty Scholarship

Madison Lecture


Religiosity And Same-Sex Marriage In The United States And Europe, David B. Oppenheimer, Alvaro Oliveira, Aaron Blumenthal Jun 2014

Religiosity And Same-Sex Marriage In The United States And Europe, David B. Oppenheimer, Alvaro Oliveira, Aaron Blumenthal

Faculty Scholarship

Part I of this paper traces the change in law and attitudes in the United States relating to marriage equality. Part II does the same for Europe. Part III examines the role of the courts in marriage equality. Part IV asks whether we can explain the differences among US and European states by looking at attitudes about secularism and religiosity.

In brief, we recognize that while correlation is not causation, the correlations are dramatic here. In the United States, most of the states that are relatively non-religious or secular now permit same-sex marriage, while most that are highly religious prohibit ...


Fisher V Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian Jun 2014

Fisher V Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

Faculty Scholarship

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy's opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring.


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian Jun 2014

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

Faculty Scholarship

No abstract provided.


The United States Execution Drug Shortage: A Consequence Of Our Values, Ty Alper Jun 2014

The United States Execution Drug Shortage: A Consequence Of Our Values, Ty Alper

Faculty Scholarship

No abstract provided.


Craig And Ruhl's Model Adaptive Management Procedures Act: Proposed Amendments, Eric Biber Jun 2014

Craig And Ruhl's Model Adaptive Management Procedures Act: Proposed Amendments, Eric Biber

Faculty Scholarship

No abstract provided.