Digital Commons Network^™

The Fda’S Role In Regulating Access To Gender-Affirming Care Medications, Ryan P. Knox

UC Law Journal

Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care medications for transgender youth and young adults. As of January 2025, twenty-six states have passed laws banning or restricting the provision of genderaffirming care to minors. Proponents of these laws challenge the procedures and prescription drugs as “experimental,” while critics of these laws characterize both as best-practice medical care. In either case, these laws demonstrate a second-guessing of the FDA’s long-established authority in determining the safety …

The Essence Of An Antitrust Violation, Thomas A. Lambert

UC Law Journal

Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the misimpression that consumer harm is a sufficient, not merely a necessary, condition for condemning antitrust-relevant behaviors like agreements in restraint of trade and exclusion-causing unilateral acts. Such a “consumer harm sufficiency” view underlay the plaintiffs’ claims in Epic Games v. Apple and FTC v. Qualcomm and has inspired scholarly proposals to condemn various antitrust-relevant behaviors simply because they occasion consumer harm.

Antitrust economics and dynamic efficiency considerations call for rejecting the consumer …

Beyond Human Oversight: Corporate Law And The Case For Ai Directors, Imahn Milani Daeenabi

UC Law Journal

Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons stands in contrast to typical American business ideals and the freedom of contract. There are various reasons for corporate law’s imposition of the natural person requirement—many of them historical. But the justification for the natural person requirement has not been sufficiently critiqued, particularly in the context of AI. This Note argues this corporate law requirement should be amended to give corporations the option to permit AI directors in addition to …

Meeting Of The Executive Committee - Open Session Book 04/28/2025, Uc Law Sf

2025 Board of Directors Agenda and Materials

No abstract provided.

Special Joint Meeting Of The Finance Committee & Audit Subcommittee Meeting - Open Session Book 04/15/2025, Uc Law Sf

2025 Board of Directors Agenda and Materials

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

In Search Of The Best Policies For Translational Geroscience, Tom W. Bell, Kalon Boston

UC Law Science and Technology Journal

Though it once seemed like an inevitable fact of life, geroscience can now credibly promise to slow and even reverse aging. New geroscience treatments offer the prospect of large increases in human welfare and will attract huge demand. How can governments best support research, development, and commercialization of the field? The answer will depend on many factors, including public policies, supply-side resources, and market size. This paper focuses on the first factor, seeking the best public policies for translating geroscience from bench to bedside. It begins with a review of current geroscience policy, identifying the rules and institutions that help …

Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong

UC Law SF Communications and Entertainment Journal

Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …

Weaponizing Ai, Stephen T. Black

UC Law Science and Technology Journal

No abstract provided.

Surveying Cyber Espionage: A Growing Threat To Businesses, The Economy, And Our Privacy, Kaitlyn Ford

UC Law Science and Technology Journal

Americans are quick to celebrate the release of new technology each year; and, while advancing technology is exciting, it also creates challenges for American businesses, the U.S. Economy, and Americans’ right to privacy. As more businesses rely on vulnerable technology, cyber espionage raises critical issues such as the exposure of trade secrets, privacy breaches, loss of revenue, and more. This Article first explores the history of cyber espionage, describing major cyberattacks on American businesses and their consequences. It then explains why the legal framework regulating cybercrimes is inadequate due to the increased sophistication of modern cyber spies and their ability …

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.

Generative Privacy Doctrine: The Case For A New Legal Privacy Framework For Gen^Ai, Karina Devi Etminani

UC Law Constitutional Quarterly

From quills to queries, from secrets once scrawled in private to personal prompts on glowing screens, debates over privacy rights endure. Generative Artificial Intelligence (GenAI) further confounds by conflating confession with code, and intimate thoughts with algorithms. Although technologists have predicted AI’s ascent before, and have critically assessed privacy rights for decades, the unprecedented engagement with GenAI following OpenAI’s public launch of ChatGPT marks a distinct moment— one where a generation of rights holders actively builds and converses with emerging platforms while the law strains to keep pace.

Existing privacy doctrines are ill-prepared for GenAI’s dynamic data processing and its …

From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment, Makenalani “Roo” Cash

UC Law SF Communications and Entertainment Journal

No abstract provided.

Hate Groups And The Charitable Tax Exemption, Miriam Galston

UC Law Constitutional Quarterly

No abstract provided.

Epigenetics, Preconception Tort Liability, And Public Health, Peter Sie

UC Law Journal

Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing our genetic code. These changes can pass on to our children and grandchildren, for better or for worse. Epigenetic knowledge could change our understanding of human biology and individual responsibility. However, it is also ripe for misunderstanding. Commercial entities seek to capitalize on the hype to sell snake oil under the “epigenetic” label. In the popular press, reporters dramatize limited studies to create sensational headlines, often blaming parents for causing epigenetic harms to their children.

If this attitude toward …

America’S Failure To Rescue Parents: A Narrative Of Inequitable Tax “Reform”, Shannon Weeks Mccormack

UC Law Journal

Other developed nations provide a slew of direct benefits to parents, such as paid parental leave and affordable childcare. America instead takes a circuitous route, heavily relying on the Internal Revenue Code (the “Code”) to provide tax breaks to certain parents. In addition to being indirect and comparatively stingy, these “parental tax benefits” are not awarded equitably. Instead, they favor nonpoor, one-breadwinner families, ignore the plight of nonpoor, working parents incurring substantial childcare and other work-related costs, exhibit an outright hostility toward poor parents, and raise a host of other distributional concerns. This preferentialism is sticky— when Congress alters parental …

Anti-Abortion Law Or Illegal Human Life Support Conscription?, Jennifer Ann Drobac

UC Law Constitutional Quarterly

This Article introduces the idea that forced fetal life support in a state that bans abortion is unpaid state-conscripted human life support (“USCHLS”) by the hosts. It reviews how the Dobbs decision resulted in USCHLS, unpaid work, which violates the U.S. Constitution’s Thirteenth Amendment protection against “involuntary servitude.” Additionally, USCHLS constitutes a per se taking which violates the “Takings Clause” of the Fifth Amendment. This Article suggests sexual activity insurance might alleviate some of the problems with USCHLS, but not all of them.

To date, no U.S. federal or state government offers the G.I. bill, a state equivalent, or service …

Originalism’S Stare Decisis Problem: The Place Of Precedent In Theories Of Interpretation, Arjan S. Heir

UC Law Constitutional Quarterly

Originalism is a prevalent approach to legal interpretation, and stare decisis is a prevalent legal doctrine. Yet, the two do not happily coexist. This article explores the role that stare decisis plays in originalism and living constitutionalism, with a focus on the doctrine’s impact on each theory’s integrity in both academic and lay circles.

Originalism runs into trouble on two levels. First, it is self-defeating in theoretical terms, as it treats stare decisis as a “pragmatic exception” to an interpretive theory premised on excluding policy considerations from legal analysis. Second, it undermines judicial legitimacy by failing to provide the public …

Big Roadblock, Meet Big Data: Overcoming The Business Judgment Rule Using Directors’ Online Data, Cecilia Brisuda

UC Law Business Journal

No abstract provided.

From Peeping Toms To Pixel Tracking: Privacy In The Digital Age, Francesca Faugno

UC Law Business Journal

No abstract provided.

The Pathway To And Consequences Of Foster Parent Intervention In Dependency Cases, Gillian Katz Lamon

UC Law Journal

Over the last 50 years, federal child welfare legislation has wrestled with how to reconcile the competing goals of the child welfare system: child protection, family preservation, and permanency. The United States foster care system has evolved alongside transformations in private adoptions. As the prospects for private adoption have dwindled, the pendulum has shifted toward prioritizing child protection. Youth in foster care have suddenly become the private adoption alternative. Most recently, some state courts have granted foster parents standing to intervene in termination of parental rights proceedings. In those cases, foster parents are permitted to battle with natural parents for …

Improving The Transparency Of Legal Measurement In Health Policy Evaluation—A Guide For Researchers, Reviewers, And Editors, Benjamin A. Barsky, Alina Schnake-Mahl, Cason D. Schmit, Scott Burris

Faculty Scholarship

Advances in quantitative research methods have led to acceptance that well-designed observational studies can enable causal inferences about the effects of policy interventions on health. Indeed, JAMA recently announced exploring a range of study designs for which causal interpretations may be made in JAMA Network journals. This development is welcome for research on the potential health effects of laws—including statutes, regulations, executive orders, formal agency guidance, and other documents that purport to require compliance with rules or standards—given that they are rarely amenable to evaluation using experimental methods. As researchers, reviewers, and editors refine criteria for assessing the appropriateness of …

Board Of Directors Quarterly Meeting - Open Session Book 03/13/2025, Uc Law Sf

2025 Board of Directors Agenda and Materials

No abstract provided.

“Hippo” Law Law And The Biodiversity Crisis Of Habitat Loss, Invasive Species, Pollution, Population, And Overharvesting, Andrew W. Torrance, Bill Tomlinson

UC Law SF International Law Review

This article explores the critical issue of biodiversity loss through the lens of the “HIPPO” acronym coined by Edward O. Wilson: Habitat loss, Invasive species, Pollution, Population, and Overharvesting. It examines the ecological and social ramifications of declining biodiversity and assesses existing legal frameworks aimed at mitigating these threats. Furthermore, the article proposes innovative legal mechanisms to address each HIPPO factor, offering a legal approach that spans many different domains. By integrating comparative legal analysis and suggesting forward-looking legal reforms, this work aims to contribute to the conservation efforts essential for sustaining biodiversity in the face of escalating environmental challenges.

Slow But Steady Wins The Race: The Rise And Rise Of Euroscepticism., Katy Rotzin

UC Law SF International Law Review

This paper analyzes Euroscepticism in the European Union with a focus on two member-states Italy and France. This paper discusses the history of Euroscepticism in Europe, immigration law and economic policy in the European Union as it pertains to both the New Pact on Migration and Asylum and the Stability and Growth Pact, which were both negotiated or renegotiated in 2023. Euroscepticism is a wide sweeping political movement, and this paper does not analyze every aspect, but only seeks to magnify two issues that have plagued the EU since its inception. This paper argues that Euroscepticism will clearly rise with …

Defining Pacifism: Article 9’S Role In Japan’S National Defense And Global Commitments, Dylan Kaito Fackler

UC Law SF International Law Review

No abstract provided.

The Primacy Of International Treaties In The Republic Of Kosovo: A Critical Review Of The Kosovo Constitutional Court Case No. 95/13 Through The Lenses Of The Law Of Treaties, Besfort T. Rrecaj

UC Law SF International Law Review

In 2013, the Constitutional Court of Kosovo (the Court) issued an important verdict in its constitutional review of the first agreement between Kosovo and Serbia. In its obiter dictum, the Court made conclusions regarding the relationship between international treaties and domestic law, and the hierarchy between these two norms as well as signature, ratification, and entry into force of treaties. Ten years post-judgment, this research returns to the Court’s arguments presented by the Court and argues that the Court made significant mistakes in its arguments and therefore made erroneous interpretations in its rather short arguments of the judgment. Using well …

Flexible Work, Rigid Discrimination, Natalia Ramírez Lee

Center for Racial and Economic Justice

No abstract provided.

Advancement & Communications Committee Meeting - Open Session Book 02/27/2025, Uc Law Sf

2025 Board of Directors Agenda and Materials

No abstract provided.

Breaking Up Bottlenecks In Big Tech And Everywhere Else: Two Remedies That Keep Your Packages Arriving In Two Days, Peter Carstensen, Darren Bush

UC Law Journal

This article addresses the colossal problem of remedy in antitrust and regulatory cases combatting monopoly “bottlenecks.” A bottleneck monopoly lies somewhere along the chain of production and distribution of goods or services. Often both before and after the monopoly, the markets are workably competitive. When a bottleneck owner also participates in those workably competitive markets, the bottleneck owner has the incentive and ability to self-preference, discriminating against other competing products in the markets. As a monopolist, a bottleneck owner will also seek to constrain access to the bottleneck, assuring that the use of the bottleneck is not optimized. Traditional remedies …