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Working From 10 To 5, What A Way To Make A Livin’: The Sec’S Most Recent Amendments To Promote Corporate Governance And Curb Exploitative Hedge Fund Activism, Richard Young Dec 2024

Working From 10 To 5, What A Way To Make A Livin’: The Sec’S Most Recent Amendments To Promote Corporate Governance And Curb Exploitative Hedge Fund Activism, Richard Young

UC Law Journal

This Note investigates the evolving regulatory landscape following the 2023 SEC amendments regarding beneficial ownership reporting. It begins by analyzing the rise of hedge fund activism and its influence on corporate governance strategies, addressing benefits, controversies, and criticisms associated with this form of shareholder activism. This Note then traces the historical development of the regulatory requirements for beneficial ownership reporting such the Williams Act and now nearly forty years later, the 2023 SEC amendments to Schedule 13(d) and Schedule 13(g). Lastly, this Note analyzes the ongoing limitations and challenges in balancing market transparency with market competition, gleaning into the future …


Educational Policy Committee Meeting – Open Session Book 11/21/2024, Uc Law Sf Nov 2024

Educational Policy Committee Meeting – Open Session Book 11/21/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof. Nov 2024

With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.

Faculty Scholarship

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …


Fallout And Fiduciary Duty, Russell Powell Nov 2024

Fallout And Fiduciary Duty, Russell Powell

UC Law Business Journal

No abstract provided.


When Debt Gets A Makeover, Taxes Follow, Doron Narotzki Nov 2024

When Debt Gets A Makeover, Taxes Follow, Doron Narotzki

UC Law Business Journal

The taxation of debt modifications is a complex and crucial area of tax law, significantly impacting both corporate finance and the broader economy. This article explores the complex legal and economic implications of modifying debt instruments, focusing on the key provisions of the Internal Revenue Code (IRC) and covers the foundational principle of “realization,” which governs the recognition of income, gain, or loss when a debt modification is deemed significant under Treasury Regulation § 1.1001-3. The article delves into the tax consequences for both debtors and creditors, highlighting the potential for Cancellation of Debt Income and the challenges of managing …


Pop Culture Depictions Of Diversity In Business – Mad Men, Super Store, And Barbie, Akshaya Kamalnath Nov 2024

Pop Culture Depictions Of Diversity In Business – Mad Men, Super Store, And Barbie, Akshaya Kamalnath

UC Law Business Journal

We have come a long way from only having women in the secretarial pool (as depicted in M ad Men), to having women and racial minorities in the workforce (as depicted in Super Store), to a company that creates a fictional world where women hold all the top positions (Barbie). Both Mad Men and Super Store are American TV shows – Mad Men was made in the present- day to depict life in the world of advertising agencies in New York in the 60s. Super Store is a series on Netflix about the issues workers face in a big company …


Board Of Directors Special Meeting - Open Session Book 10/22/2024, Uc Law Sf Oct 2024

Board Of Directors Special Meeting - Open Session Book 10/22/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


Subcommittee On Audit Meeting – Open Session Book 10/15/2024, Uc Law Sf Oct 2024

Subcommittee On Audit Meeting – Open Session Book 10/15/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram Oct 2024

Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram

UC Law Constitutional Quarterly

In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …


The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff Oct 2024

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

Center for Racial and Economic Justice

No abstract provided.


Masthead Oct 2024

Masthead

UC Law Constitutional Quarterly

No abstract provided.


Editor-In-Chief’S Foreword, Megan Stupi Oct 2024

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.


The Ninth Circuit’S Rfra Standard Of “Substantial Burden” As Applied To Native American Sacred Sites, Erik Renner Oct 2024

The Ninth Circuit’S Rfra Standard Of “Substantial Burden” As Applied To Native American Sacred Sites, Erik Renner

UC Law Constitutional Quarterly

This paper focuses on the Ninth Circuit’s understanding of the “substantial burden” standard under RFRA as it is applied to Native American sacred site cases. This paper looks at the old Ninth Circuit’s standard as set out in Navajo Nation, and its new standard as set out in Apache Stronghold. By understanding how the courts, specifically the Ninth Circuit, have limited their definition of the “substantial burden” under RFRA in sacred site cases, this paper will argue that the standard should be expanded to include “preventing religious exercise.” This expansion of what is a “substantial burden” under RFRA will better …


Masthead Oct 2024

Masthead

UC Law Constitutional Quarterly

No abstract provided.


Advancing Academic Freedom Through State Constitutional Protections, Karlie M. Bischoff Oct 2024

Advancing Academic Freedom Through State Constitutional Protections, Karlie M. Bischoff

UC Law Constitutional Quarterly

No abstract provided.


The Unbearable Inevitability Of Content Regulation, Jerome O’Callaghan Oct 2024

The Unbearable Inevitability Of Content Regulation, Jerome O’Callaghan

UC Law Constitutional Quarterly

No abstract provided.


The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth Oct 2024

The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth

UC Law Constitutional Quarterly

This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle. Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …


How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara Oct 2024

How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara

UC Law Constitutional Quarterly

Our Founders specifically identified education as necessary to economic success and full participation in our democracy and society. However, the Supreme Court held in San Antonio Independent School District v. Rodriguez that education in America is not a constitutional right; instead, it is a commodity that few can afford. Then, in 2023, Biden v. Nebraska exposed the direct result of that ruling: the average American––regardless of their disability status––struggles to pay back their student loans, even when they have a well-paying job. The student debt crisis significantly impacts the economic future of students with disabilities, who make on average sixty-six …


Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada Oct 2024

Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada

UC Law Constitutional Quarterly

While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …


Executive Power And Patronage: Lessons From Puerto Rico, Stephen A. Plass, Naomy M. Rivera Oct 2024

Executive Power And Patronage: Lessons From Puerto Rico, Stephen A. Plass, Naomy M. Rivera

UC Law Constitutional Quarterly

Conservatives have made reforming the civil service a top priority, and this was exemplified by former President Donald Trump’s open opposition to job protections that federal civil servants enjoy. President Trump and others who advance a unitary executive theory, pledged to reshape the civil service by amassing appointment, disciplinary and removal powers in the president, although this would make a patronage system more feasible. To this end, President Trump issued an executive order that exposed many career federal civil service workers to a spoils system. This came on the heels of other executive orders that reduced existing workplace protections for …


Board Of Directors Quarterly Meeting - Open Session Book 09/13/2024, Uc Law Sf Sep 2024

Board Of Directors Quarterly Meeting - Open Session Book 09/13/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


Board Of Directors Quarterly Meeting - Open Session Book(1) 09/13/2024, Uc Law Sf Sep 2024

Board Of Directors Quarterly Meeting - Open Session Book(1) 09/13/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


Meeting Of The Executive Committee - Open Session Book 08/19/2024, Uc Law Sf Aug 2024

Meeting Of The Executive Committee - Open Session Book 08/19/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.


Draft_Uccollegeoflaw_Lrcp_Eir_Certificationhearings_082224, Uc Law Sf Aug 2024

Draft_Uccollegeoflaw_Lrcp_Eir_Certificationhearings_082224, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.


Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp Bod 08/22/2024, Uc Law Sf Aug 2024

Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp Bod 08/22/2024, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.


Uclawsf_Lrcp_Goldengate_Final_Eir Bod 08/22/2024, Uc Law Sf Aug 2024

Uclawsf_Lrcp_Goldengate_Final_Eir Bod 08/22/2024, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.


Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp, Uc Law Sf Aug 2024

Uclawsf_Lrcp_Goldengate_Actionitemfindingsmmrp, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.


The Impact Of Bruen And Its Expansion Of The “Right To Carry” On Terry As A Law Enforcement Tool, Kshitij Mehta Aug 2024

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 …


Bowling With Bumper Rails: How Firearms Examiners Have Duped The Courts And Generated Low Error Rates Only By Avoiding Challenging Comparisons, Richard E. Gutierrez Aug 2024

Bowling With Bumper Rails: How Firearms Examiners Have Duped The Courts And Generated Low Error Rates Only By Avoiding Challenging Comparisons, Richard E. Gutierrez

UC Law Journal

No abstract provided.


Black Equal Citizenship And Residential Segregation In The Supreme Court’S Race Jurisprudence, Gabriel J. Chin Aug 2024

Black Equal Citizenship And Residential Segregation In The Supreme Court’S Race Jurisprudence, Gabriel J. Chin

UC Law Journal

No abstract provided.