Digital Commons Network^™

Forced Pooling: The Unconstitutional Taking Of Private Property, Kevin J. Lynch

UC Law Journal

Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political challenge, as many people make a lot of money from the fossil fuel industry, and they resist change. But an overlooked legal doctrine shows that we are not even going after the lowest hanging fruit. Oil and gas rights are often privately held in the United States. Some owners of those rights would be happy to leave their oil and gas safely in the …

Monopolization By Exploiting People’S Inertia? On The Doj’S 2020 Complaint Against Google And Revenue Sharing Agreements As Non-Compete Arrangements, Omar Vasquez Duque

UC Law Journal

In October 2020, the Department of Justice sued Google for paying Apple and several other search engine distributors to set Google as its users’ default. The complaint alleges that Google’s agreements constitute de facto exclusive dealing arrangements because people only rarely change defaults. Although the complaint correctly asserts that this arrangement violates antitrust law, it misapprehends the mechanism of the anticompetitive harm.

The Google–Apple agreement is more accurately modeled as an arrangement that deters actual competitors from reaching a significant distribution channel and discourages a key potential competitor from entering search. If a potential competitor is paid for a preferred …

Finance Committee Meeting - Open Session Book 05/16/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.

Educational Policy Committee Meeting – Open Session Book 05/16/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.

Arizona V. Navajo Nation And The Fight For Natural Resources In Indian Country, Katherine Hanson

UC Law Environmental Journal

Water in the American southwest is fiercely fought over. The Colorado River, a primary water source in the region, has produced volumes of litigation, such that it has come to be known as the “Law of the River.” With states, tribes, individuals, and the federal government all vying for water, not all will succeed. The Article begins by discussing the Court’s decision in Arizona v. Navajo Nation, demonstrating that agreements with tribes under treaty will no longer be afforded the same protections when ambiguity exists, and, in the battle for water, tribes will be among the first to suffer the …

Care And Custody In Federal Bank Robbery, Victor Qiu

UC Law Journal

By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C. § 2113(a), the FBRA had been law for over seventy years and automated teller machines (“ATM”) had been in use for around thirty-five years. Since then, the circuit courts have disagreed as to whom the money belongs when an individual forces a victim to withdraw money and give it to the perpetrator. This question stems from competing methods of statutory interpretation …

The Myth Of Dna Trade Secrecy, Jacob S. Sherkow

UC Law Journal

Are DNA sequences subject to trade secrecy protection? At least three decades of scholarship has assumed so even while there is no explicit statutory authority directly on point and very few reported decisions in the area. And yet, an investigation into the elements of trade secrecy law— read in light of rapid advances in DNA and genomic sequencing—suggests the answer is probably, no. Those advances include the rise of cheap, accurate, easy, fast, and readily available DNA sequencing services, including the recent availability of whole human genome sequencing for less than a monthly cell phone bill. This cuts against some …

A Path Toward Race-Conscious Standards For Youth: Translating Adultification Bias Theory Into Doctrinal Interventions In Criminal Court, Jessica Levin

UC Law SF Journal on Gender and Justice

This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at Seattle University School of Law, I demonstrate how adultification bias was used to explain the racial disproportionality in the transfer of young people to adult court for prosecution, as well as the harshness of the sentences received by young people in both juvenile and adult court. These cases provide roadmaps for …

A Cross-Clinic Collaboration: How An Amicus Brief Helped Create Judicial Recognition Of Adultification Bias In Juvenile Sentencing, Jessica Levin

UC Law SF Journal on Gender and Justice

No abstract provided.

Gender. Identity. Property?, Eliot T. Tracz

UC Law SF Journal on Gender and Justice

No abstract provided.

The Business Of Abortion: Access To Capital Post Dobbs, Itay Ravid, Jonathan Zandberg

UC Law Journal

Access to credit—that is, the ability to receive financial leverage that could help jump-start businesses—is one of the most significant barriers preventing millions of American women from opening new businesses. Congress has attempted to address this issue since the 1970s, with legislation like the Equal Credit Opportunity Act (ECOA). Nevertheless, studies continue to show a persistent gender gap in access to credit. Scholars have offered a host of explanations for this gap, focusing on both the supply and demand sides of the equation.

This Article contributes to this growing scholarly exploration by offering a new, overlooked explanation for this gap: …

Torn Between The Two: Practicing Law Or Religion, Amna Qamer

UC Law Journal

United States courts have long struggled to define the intersection of public institutions and religious practices. Though higher education institutions aim to enrich their campuses with diverse communities, they often fail to cultivate an inclusive culture for them. One minority community that has long faced experiences of exclusion is Muslim law students.

According to the Pew Research Center, Islam is the fastest-growing religion worldwide. Despite their growing presence, Muslims remain a minority and face exorbitant levels of Islamophobia. Due to these issues, law schools lack familiarity with Muslim practices and are hesitant to learn, making it challenging for Muslim students …

Editor-In-Chief’S Forward, Zoë Grimaldi

UC Law Constitutional Quarterly

No abstract provided.

Campus Housing Finance Authority Board Of Directors Meeting - Open Session Book 04/17/2024, Uc Law Sf

2024 Board of Directors Agenda and Materials

No abstract provided.

Emojis: An Approach To Interpretation, Patricia Vilma Graham

UC Law SF Communications and Entertainment Journal

No abstract provided.

Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Appendix F Noise And Vibration Assessment, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.

Appendix E Geotechnical Report, Uc Law Sf

Long Range Campus Planning Archive

No abstract provided.

Reinventing The Silver Screen… Again: The Copyright Licensing Implications Of Using Video Game Technology For Virtual Production On Film And Tv Sets, Nicholas M. Medellin

UC Law SF Communications and Entertainment Journal

No abstract provided.

Paying The Penultimate Price: Compensating Predeath Pain And Suffering In California, Daniel Cassee

UC Law Journal

Senate Bill 447, California’s recent lift of the ban on recovery of damages for a decedent’s pain, suffering, and disfigurement in survival actions marks a necessary change in the state’s tort law, avoiding the arbitrary and even shocking outcomes that occurred under the former statutory regime. When the California State Legislature revisits the survival statute prior to the recent amendment’s sunset in 2026, it should choose to keep predeath noneconomic damages as part of the available recovery in a death case. However, the lack of in-state case law discussing predeath noneconomic damages will require California courts and lawmakers to look …

Aligning United States Law With International Norms Would Remove Major Barriers To Protection In Gender Claims, Karen B. Musalo Prof.

Faculty Scholarship

The protection of women and girls fleeing gender-based harms has been controversial in the United States (US), with advances followed by setbacks. The US interpretation of particular social group and its nexus analysis, both of which diverge from guidance by the United Nations High Commissioner for Refugees (UNHCR), is the most significant barrier to protection. It has become almost impossible for women and girls to rely upon the particular social group ground because of current requirements that social groups not only be defined by immutable or fundamental characteristics, but also be socially distinct and have particularity. Establishing nexus is also …

Creating Compliance Climates, Craig Cowie

UC Law Journal

Relatively few regulated entities are the targets of enforcement activity or otherwise have direct contact with regulators. Given that absence of direct contact, this Article posits that regulators influence behavior by creating “compliance climates” that project regulators’ priorities into the market. These climates are what drive participants’ behavior. This Article begins by defining compliance climates and describing, as examples, two diametrically opposed climates created by Directors of the Consumer Financial Protection Bureau (“CFPB”). It then identifies constraints on the creation of compliance climates. In particular, the Article demonstrates significant limitations on using new enforcement actions or rulemakings to set compliance …

Proactive International Law, Michal Saliternik, Sivan Shlomo Agon

UC Law Journal

This Article challenges the centuries-old reactive and past-oriented approach of international law. It suggests that while the reactive paradigm has facilitated practical solutions to the concrete problems faced by the international community, this paradigm has also led international law to become backward-looking and short-sighted, thereby hindering the discipline from acting in anticipation of long-term problems and developments.

Against this backdrop, this Article calls for a conceptual shift. It argues that the time has come to couple international law’s traditional reactive paradigm with a more proactive, forward-looking approach that is geared toward the future, with a view to preventing risks and …

The Intrusive State: Restrictions On Gender-Affirming Healthcare For Minors, Exceptions To The Doctrine Of Parental Consent, And Reliance On Science And Medical Expertise, Lois W. Weithorn

UC Law Journal

The provision of gender-affirming medical care to transgender or gender diverse (“TGD”) youth is currently the subject of substantial controversy despite an overwhelming consensus in the healthcare community as to the safety and potential benefits of recommended treatments. Much of the debate is fueled by misinformation and inaccurate characterization of research and practice. Against this backdrop, twenty-three states enacted restrictions or complete prohibitions on access to gender-affirming medical care for adolescents between 2021 and the time of this writing in early 2024. The policies typically place healthcare practitioners who provide such services at risk of license revocation. Some statutes create …

Washington Cares: Other States Should Too, Evelyn Wynn

UC Law Journal

The United States is facing a growing challenge in financing long-term care as the population ages and the demand for these services continues to grow. The cost of long-term care can be exorbitant, with many individuals and families struggling to afford the care they need. The baby boomer generation and their families are facing the challenges of aging, which will be exacerbated by a lack of funding for long-term care. Given unmarketable private insurance policies and Medicaid’s spend down strategy, among other issues, the United States needs a feasible financing solution for long-term care.

In response to this challenge, Washington …

Labor Law’S Preemption Problem: Glacier Northwest And What The Fate Of Garmon Means For American Workers, Alexander S. Whistler

UC Law Journal

The Supreme Court’s 2022–2023 term was, unsurprisingly, terrible for millions of Americans. From the environment to affirmative action to student loan forgiveness, the Court remained committed to its project of reshaping the nation’s laws in its conservative image. But despite its well-demonstrated antipathy for organized labor, the Court in Glacier Northwest v. International Brotherhood of Teamsters managed to leave a long-standing, purportedly worker-friendly doctrine in federal labor law largely intact. Glacier Northwest presented the question of whether an employer may sue a union in state court for damages over a strike that allegedly causes property destruction, or whether, under the …

The Duty To Diversify And The Logic Of Indexing, Richard A. Booth

UC Law Journal

Index funds, such as those that track the S&P 500, are popular with investors because they offer maximum diversification—and thus minimum risk—with management fees that are far lower than those charged by traditional, actively managed stock-picking mutual funds. As a result, investors have flocked to such funds, which have grown dramatically in size. But many observers find this trend alarming because they see index funds as a threat to both corporate governance and competition.

Most critics have focused on the passivity of index funds, which they see as a failure of fund managers to do their duty as stockholders to …

Dirty Secret: The Laundering Of Foreign Arbitral Awards, Charles H. Brower Ii

UC Law Journal

This Article addresses an undertheorized but important topic: the laundering of foreign arbitral awards. Prevailing parties in foreign arbitrations often obtain judgments confirming their awards at the place of arbitration. Fifty years ago, the Second Circuit established the so-called “parallel entitlements” doctrine, pursuant to which prevailing parties can seek enforcement of the foreign award under federal law, or enforcement of the foreign confirmation judgment under state law, or both.

If an award faces obstacles to enforcement under the New York Convention or the Federal Arbitration Act, the prevailing party can still obtain enforcement of the confirmation judgment under the legal …

The Case For Downsizing The Corporate Attorney-Client Privilege, Elise Bernlohr Maizel

UC Law Journal

Privilege is a choice. In crafting evidentiary privileges, courts and policymakers have fashioned a rule that concedes that some things are more important than getting to the truth. Indeed, our entire law of privilege stems from the fact that society deems certain relationships important enough to protect their communications even from the truth-seeking process of litigation. The attorney-client relationship is a paradigmatic example. But something has gone seriously wrong with the law’s attempts to transplant protections for an intimate, confessional space for communications between an individual and their attorney onto “artificial creatures of the law”: the modern corporation.

Today’s corporate …

Born To Equality: Minor Children, Equal Protection, And State Laws Targeting Lgbtq+ Youth, Nicholas Serafin

UC Law Journal

States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express animus towards and impose a stigma upon LGBTQ+ minor children. Though they are distinct doctrines, the Court has interwoven animus and stigma- based arguments throughout its gay rights jurisprudence to protect LGBTQ+ individuals from state action that imposes dignitary harm. Laws targeting LGBTQ+ youth often evince the same irrational hostility and stigmatizing purpose that the Court rejected decades ago.

Historically the Court’s LGBTQ+ jurisprudence has …