Digital Commons Network^™

“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.

Beyond Privity Of Blood: Intestacy And Charity, Adam J. Hirsch

UC Law Journal

When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the possibility that some individuals wish to allocate part of their estates to charity. Drawing on empirical evidence, including data presented here for the first time, this Article advocates building a charitable component into intestacy in those cases where majorities of decedents prefer to establish estate plans transcending traditional heirs. Evidence suggests that this majority preference arises in four situations: (1) where the decedent was extremely …

Litigation As Accommodation, Matthew A. Shapiro

UC Law Journal

As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public values it aims to serve. Public law employs a distinctive set of strategies for addressing that challenge: vesting institutional powers with public officials, imposing public-regarding duties on those officials, and ensuring compliance with the duties by subjecting officials’ decisions to various forms of oversight and accountability.

This Article argues that the public institution of civil litigation pursues a very different strategy for countering abuse from …

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 …

California’S Bug Problem: The Backup Generation Information Gap And Its Impact On Vulnerable Communities, Andrew H. Jacobs

UC Law Journal

California’s electricity system has faced unprecedented challenges in recent years. Extreme heat, wildfires, and additional severe weather events stressed the system to a breaking point. The state’s electric grid operator repeatedly called for rolling blackouts on hot summer days to preserve the integrity of the electric grid. Electric utilities proactively shut off power during dry and windy conditions to prevent their equipment from sparking wildfires. Strings of powerful winter storms left hundreds of thousands across the state without power for multiple days.

In response to the poor reliability of the electrical grid, demand for backup generation has skyrocketed. Both residents …

Defending Children’S Data Privacy: Strategies For The 21st Century, Zoë Macdonald

UC Law Journal

Children’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that children’s online protections must be expanded. However, recent legislative efforts to effect change have been met with consistent failure. Recently, California, Arkansas, and Texas passed new legislation intended to bolster existing protections and expand child privacy online. The Arkansas law and portions of the California and Texas laws do not pass constitutional muster under current case law, and all three federal district courts articulated their inability to …

Community Integration Of People With Disabilities A Quarter Century After Olmstead V. L.C., Michael Ashley Stein, Benjamin Barsky, Lisa I. Iezzoni

Faculty Scholarship

No abstract provided.

Administrative Law: Major Questions About Presidentialism, Jodi L. Short

The Judges' Book

No abstract provided.

Civil Procedure: The Culture Of Forum Shopping In Civil Litigation, Scott Dodson

The Judges' Book

No abstract provided.

Immigration Law: Decisionmaking In U.S. Immigration Courts, Karen Musalo

The Judges' Book

No abstract provided.

Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz

The Judges' Book

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Table Of Contents

The Judges' Book

No abstract provided.

Civil Procedure: When Does State Law Affect Federal Jurisdiction?, Scott Dodson

The Judges' Book

No abstract provided.

Constitutional Law: First Amendment Disequilibrium, Christina Koningisor

The Judges' Book

No abstract provided.

State Restorative Justice Legislation 2020 – 2025: Confidentiality, Admissibility & Privilege, Center For Racial And Economic Justice

Center for Racial and Economic Justice

No abstract provided.

Faq: Educational Fines And Fees In K – 12 Public Schools, Center For Racial And Economic Justice

Center for Racial and Economic Justice

No abstract provided.

‘Cruel And Unusual’ In 1689, 1791, And 1868: Shifts In Incorporation, Gregory Velloze

UC Law Constitutional Quarterly

Recently, the Supreme Court has acknowledged the scholarly debate over whether to apply the historical understanding of the Bill of Rights as ratified in 1791 or as incorporated through the Fourteenth Amendment in 1868. This acknowledgment raises two important issues with regards to the Cruel and Unusual Punishments Clause. First, the Cruel and Unusual Punishments Clause was copied from the English Bill of Rights in 1689, generating a third, additional time period relevant to its historical understanding. Second, the more textualist framework of the Cruel and Unusual Punishments Clause allows for more relatively bounded language and interpretation, which could remain …

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.

An Examination Of Race In Reproductive Oppression: Why Intersectional Abortion Stigma Disruption Is Necessary To Achieve Reproductive Justice In 2024 And Beyond, Emma Adams

UC Law SF Journal on Gender and Justice

This article examines the perpetuation of white supremacy in reproductive oppression throughout American history. The history of the reproductive rights movement, when applying a racialized lens, often looks contradictory in protections and restrictions implemented by the American government, at both the federal and state level. For example, contraception, while often thought to provide more access to family planning and personal autonomy, was historically implemented in a way that relied on racist and classist framings to prevent more black and brown children from being born. This paradigm has fluctuated throughout American history to now prevent black and brown women from receiving …

The Complexities Of Consent To Personal Jurisdiction, Scott Dodson

Faculty Scholarship

Mallory v. Norfolk Southern Railway Co., decided in June 2023, held that consent remains a method of establishing personal jurisdiction independent of the “minimum contacts” test established by International Shoe Co. v. Washington. To many, the decision resolved ambiguity in personal jurisdiction doctrine and represented a straightforward way of establishing personal jurisdiction. But Mallory failed to consider the many complexities underlying consent. In this Article, I showcase those complexities and demonstrate that Mallory is just the tip of the iceberg: A host of questions, some fundamental to both consent theory and personal-jurisdiction doctrine, lurk beneath the surface. I argue that …

Overcoming Judicial Innumeracy: A Proposal To Bring The Venerable Process Of Peer Review To The Enduring Problem Of Courts’ Scientific Illiteracy, David L. Faigman

Faculty Scholarship

Lawyers are not known for their proficiency in math and science. Most of us who went to law school reached a point in our math and science studies when we realized that neither medicine nor engineering were likely to be successful career paths. It is these lawyers who become judges. Yet, the United States Supreme Court has increasingly put the burden for deciding complex scientific and technical questions in the hands of judges. This Article explores this trend of putting greater responsibility for deciding scientific and technical issues on judges, particularly in the areas of evidence law, administrative law, and …

Criminal Procedure Without Consent, Kate Weisburd

Faculty Scholarship

Scholars and advocates have long argued that a person’s consent to a warrantless police search is often so inherently coerced, uninformed, and shaped by race, class, gender, citizenship status, and disability that to call it a “choice” is fiction. This critique is not limited to police searches based on consent. Waiving rights and consenting to otherwise unconstitutional state action permeates criminal procedure. The definition of a seizure, the third-party doctrine, custodial confessions, plea bargains, and agreements to alternatives to incarceration (such as GPS ankle monitoring) all hinge on the idea of voluntary choices—choices that are often just as coerced and …

Governance & Guardrails: Emerging Technologies And Low-Wage Workers, Seema N. Patel

Faculty Scholarship

This Article examines an important, but undertheorized phenomenon at the intersection of technology and work: the rapidly increasing presence of artificial intelligence systems into low wage workplaces—and decidedly into the lives of low-wage workers themselves—and the resulting broader implications on work law and democracy. For decades, technology has enabled employers to increasingly exert control over workers; but for all their promise, emerging technologies like artificial intelligence also extend a new and potentially harmful level of concern for low-wage workers in particular. From algorithmic software that unilaterally determines workers’ schedules “on demand” and without notice; to constant and often surreptitious surveillance …

Personal Jurisdiction And Federalism, Scott Dodson

Faculty Scholarship

Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with the idea of personal jurisdiction as an individual right under the Due Process Clause, recent decisions from the Supreme Court have reinvigorated the federalism aspect of personal jurisdiction, offering a new opportunity to appraise its value and efficacy. This Article does so and concludes that personal jurisdiction fails to protect interstate federalism. States and private parties, it turns out, have too much authorization to expand state-court personal jurisdiction beyond state borders using the doctrine of consent …