Digital Commons Network^™

From Uc Hastings To Uc Law Sf: An Examination Of The Renaming Process And Analysis Of Institutional Identity, Oliver Cheng

UC Law Journal

No abstract provided.

The Impact Of Bruen And Its Expansion Of The “Right To Carry” On Terry As A Law Enforcement Tool, Kshitij Mehta

UC Law Journal

In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court expanded the right to carry firearms, specifically handguns, outside the home. Due to the Court’s conservative rulings, combined with lax and open firearm regulatory regimes in several jurisdictions, gun violence continues to create catastrophic consequences in communities across the country. At the same time, law enforcement agencies already struggle to maintain public safety and public trust under current policing systems. With the rise of firearms in the streets, law enforcement will likely resort to, and double down on, their current use of stop and frisk under …

A Government Branch Of Its Own: Reining In The Power Of The Regents Of The University Of California, Veronica Gray

UC Law Constitutional Quarterly

The University of California system is the crown jewel of American public universities. However, Californians have virtually no say over University of California policies. At the University of California’s inception, the drafters of the 1879 California Constitution envisioned a school system controlled by a Board of Regents who are largely insulated from politics. The autonomy from elected officials and the public allows the Regents to have nearly full control over a public good. The Regents’ autonomy and control over the University of California system has led to conflict between the Regents, the public, and state legislators regarding land use, labor, …

Opt Out Or Pipe Down, You Traded Your Data Away: Balancing Computer Crime Prevention, Third-Party Data, And Individual Privacy Rights, Ken Sterling

UC Law Science and Technology Journal

This article explores the complex issue of governments’ access to thirdparty user data without search warrants in the detection, prevention, and prosecution of computer crimes. Topics under analysis include balancing data privacy and public safety, the application of the Fourth Amendment, and seminal court cases such as Riley, Carpenter, and Smith v. Maryland. Cybercrime poses a significant threat to society, businesses, individuals, and governments. While privacy advocates argue for warrant-based access to user data, individuals readily “opt in” and share their data with companies, raising the question of why stricter standards should apply to government use. This article proposes that …

Editor-In-Chief’S Forward, Zoë Grimaldi

UC Law Constitutional Quarterly

No abstract provided.

Who Will Speak For The Trees? How The Save Our Sequoias Act Underscores The Urgent Need To Protect Giant Sequoias And The Tule River Indian Reservation From Wildfire Destruction, Bradly Demoll

UC Law Environmental Journal

Increasing rates of high-severity wildfires threaten the existence of giant sequoia trees, as well as the reservation and sacred cultural sites of the Tule River Indian Tribe. Decades of fire suppression have created a ticking time bomb across millions of acres of land. The result: the last two fire seasons alone wiped out nearly 20% of all giant sequoias on the planet and burned thousands of acres of forests across the Tribe’s land. This Article explores the ecological background and significance of the giant sequoias and their relationship to the Tribe. It then examines the existing legal framework for sequoia …

I Spy With My Many Eyes: The Government’S Unbridled Use Of Your Surveillance Cameras, Brian A. Weikel

UC Law Journal

Surveillance cameras are increasingly used by the public and law enforcement to prevent and prosecute criminal activity. Individuals and companies can grant law enforcement access to private cameras for both live monitoring feeds and recorded footage, thereby creating a quasi- public network of private cameras. According to the third-party doctrine, the government can access all information from these surveillance cameras without a subpoena or warrant and without infringing upon Fourth Amendment privacy protections. However, as technology advances and the prevalence of surveillance cameras rises, this per se rule fails to account for one’s reasonable expectation of privacy in the public …

Finance Committee Meeting - Open Session Book 02/22/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.

Ciudadanos Sin Derechos: The Plight Of Puerto Rican Prisoners, Maylee Carbajal

UC Law Journal of Race and Economic Justice

No abstract provided.

After The Demise Of Affirmative Action, Ensuring Equitable Access To Educational Opportunities, Anna Gorman-Huang, Peter Henry Huang

UC Law Journal of Race and Economic Justice

On June 29, 2023, the United States Supreme Court held in two related cases that race-based affirmative action in college admissions is unconstitutional, because it violates the Equal Protection Clause of the 14th Amendment. What is next in (higher) education after the Supreme Court’s rulings in two related cases brought by Students for Fair Admissions? The decisions may dramatically transform college admissions and even how universities think about allocating their resources and about their role in a democratic society. Even now, the Court’s holdings are rippling past highly selective college campuses to corporate boardrooms, non-profits, and state legislatures.

Despite the …

Privacy Law: Police Secrecy Exceptionalism, Christina Koningisor

The Judges' Book

No abstract provided.

Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales

UC Law Constitutional Quarterly

Upon its leak and subsequent official release, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization shocked and worried the nation. Overnight, the Court overturned forty-nine years of precedent. Those forty-nine years of overturned precedent not only implicate the ability to obtain abortion, but also the ability to engage in relationships, marry, make decisions about our own body, and keep our personal lives private. As a result, many advocates worry about the status of fundamental rights since many of those rights relied on the now overturned cases Roe v. Wade and Planned Parenthood v. Casey as well as …

Racial Reckoning And The Police-Free Schools Movement, Thalia González, Rebecca Epstein

Center for Racial and Economic Justice

No abstract provided.

Mass Surveillance As Racialized Control, Prithika Balakrishnan

Center for Racial and Economic Justice

No abstract provided.

Racial Reckoning And The Police-Free Schools Movement, Thalia Gonzalez, Rebecca Epstein

Faculty Scholarship

Across the country, students of color face daily threats of arrest, exclusion, and violence at the hands of school police officers. Whether deemed threatening, defiant, or hypersexualized, Black students, in particular, pay a heavy price to access their right to free public education. Despite victories in dismantling educational carcerality since the mid-2000s, efforts to formally remove police from public schools has been limited. However, during the 2020 racial reckonings, political opportunity catalyzed social movement campaigns, resulting in the passage of sixty-nine police-free policies. This represented an inflection point for civil rights, education justice, and police abolition scholars and activists. This …

Mass Surveillance As Racialized Control, Prithika Balakrishnan

Faculty Scholarship

This Article examines how the expanded use of pretrial GPS surveillance is radically changing the presumption of innocence by implicating punitive measures absent constitutional protections and amplifying the racial disparities in our criminal justice system. Largely viewed as a substitution for physical detention and therefore a less onerous intrusion on a defendant’s liberty, pretrial GPS surveillance erodes fundamental liberties under the guise of criminal justice regulation. These highly racialized but invisible repercussions include harms to physical and psychological health, freedom of movement, privacy, and future economic self-determination. I argue that, in light of these substantial harms, courts must examine how …

Disability, Race, And Health Beyond The Carceral State, Benjamin Barsky, Craig Konnoth, Michael A. Stein

Faculty Scholarship

No abstract provided.

Reproducing Inequality: Racial Capitalism And The Cost Of Public Education, Thalia Gonzalez, Paige Joki

Faculty Scholarship

American democracy is marked by an unwavering deployment of racialized economic modalities of fines, fees, and debt aimed at scaffolding hierarchies of white power and prescribing Black people as commodities, not human beings. Over the last two decades, an expanding praxis in the economic justice field has emerged, opposing and disrupting racialized economic logics within a national anti-fine, fee and cost movement. From scholarly discourse to legal interventions and reforms at city- and county-levels, the movement has sought to target interlocking material and ideological forces that comprise racial capitalist geographies across many criminal and civil systems. Despite this significant work, …

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

UC Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …

Finance Committee Meeting - Open Session Book 11/09/2023, Uc Law Sf

2023 Board of Directors Agenda and Materials

No abstract provided.

Board Of Directors Special Meeting - Open Session Book 10/24/2023, Uc Law Sf

2023 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 08/24/2023, Uc Law Sf

2023 Board of Directors Agenda and Materials

No abstract provided.

Governmental And Semi-Governmental Federal Charitable Entities, Ellen P. Aprill

UC Law Journal

The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous federal agencies have statutory authority to receive tax-deductible charitable deductions. Their ability to do so, however, undermines the oversight accomplished through the constitutionally mandated appropriations process. Congress has also created many nonprofit tax-exempt organizations. These entities enjoy flexibility as to fundraising, investment, and spending that government agencies lack. However, they avoid the accountability that various federal statutes impose on government agencies, on the one hand, and that state nonprofit laws accomplish for private nonprofit organizations, on …

Uc Law Sf Long Range Campus Plan 2023 Update: For A Sustainable And Resilient Academic Village, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.

Misapplication Of Inverse Condemnation Liability: A Legal Analysis Of The Application Of Inverse Condemnation Liability On Electrical Utilities, Nadra Mamou

UC Law Constitutional Quarterly

No abstract provided.

Ai Ethical Compliance Is Undecidable, Lorin Brennan

UC Law Science and Technology Journal

One response to concerns about AI systems has been to espouse “ethical AI,” that is, to elucidate ethical norms and then impose a legal requirement that AI systems comport with these norms. But will it work? More precisely, does there exist an effective procedure by which an AI system developer, or regulator, can determine in advance whether an AI system, once put into operation, will consistently generate output that conforms to a desired ethical norm? This paper argues “no.” The Halting Problem shows that there is no algorithm that can reliably do so for all AI systems running any allowed …

Community Accountability, M. Eve Hanan, Lydia Nussbaum

UC Law SF Journal on Gender and Justice

No abstract provided.

Impact Jurisdiction & Structural Investigations: The Key To The United States Prosecuting Human Rights Violators, Nick Wiley

UC Law Journal

Since the turn of the century, there has been an exponential rise in forcibly displaced persons and human rights violations. This rise has coincided with a series of acts that have removed the United States as a global leader in the fight for human rights. When President Biden took office, he stated his goal of returning the United States to being the global moral authority leader. To achieve this goal, the Biden Administration implemented a plan to address the human rights violations in Central America that are driving forcibly displaced persons to the U.S.-Mexico border seeking asylum. The plan, however, …

Legal Violence And Restorative Justice, Julie Shackford-Bradley

UC Law SF Journal on Gender and Justice

No abstract provided.

Finance Committee Meeting - Open Session Packet 02/09/2023, Uc Hastings Board Of Directors

2023 Board of Directors Agenda and Materials

No abstract provided.