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UC Law Constitutional Quarterly

No abstract provided.

Foreword, Madeline Cline

UC Law Constitutional Quarterly

No abstract provided.

The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes

UC Law Constitutional Quarterly

The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …

Denaturalization And The Negative Effects Of Widespread Insecurity In Citizenship For Naturalized Citizens, Saman Hashemi

UC Law Constitutional Quarterly

No abstract provided.

Will The Real Eco-Terrorists Please Stand Up?, Zoe Gallagher

UC Law Environmental Journal

Although definitions of “terrorism” vary around the world, one visceral feeling is constant: terrorists are morally corrupt individuals who commit heinous acts of violence, and they deserve to be punished accordingly. However, the reality is far more nuanced. Currently, United States law defines a terrorist as any person who commits an act of violence to advance a political or social agenda. Under this law, some radical environmental activists have been unfairly designated as eco-terrorists, even though their actions have not caused widespread destruction or death. In contrast, oil and gas company executives have largely escaped any criminal or civil liability, …

Formula Unjust: What Formula One Can Learn From The American Justice System To Improve Stewarding, Apratim Vidyarthi

UC Law SF Communications and Entertainment Journal

Formula One (F1), the highest form of motorsport, is one of the fastest-growing sports in the United States, attracting millions of viewers and billions of dollars in investment and prize money. But recent events in F1 have raised questions about the fairness of the sport. This Article contends that the current system of officiating creates unfair outcomes, because officials have overwhelming discretion to make pivotal decisions that significantly impact the outcome of races, and because penalties are applied inconsistently and cannot be appealed. Given the increased professionalization of F1 and the high financial stakes involved, these problems need to be …

Redirecting The Herd: Informing Cryptocurrency Regulations Through The Lens Of Behavioral Science, Jonathan Su

UC Law Science and Technology Journal

Conversations on cryptocurrencies have become a mainstay in society today, whether that be on social media or in individual conversations. The cultural and social impact of cryptocurrency is undeniable and, as conversations with cryptocurrency supporters would suggest, lead to a positive impact in the lives of those that invest in the currency. However, cracks are showing in the patchwork of cryptocurrency regulations throughout the United States as cryptocurrency scams run amok, resulting in losses for innocent investors. Although attention is placed upon the decisions of individual companies or executives in explaining cryptocurrency scams, little discussion is present regarding investor behaviors …

Table Of Contents

The Judges' Book

No abstract provided.

Civil Litigation: Rulemaking’S Second Founding, Richard Marcus

The Judges' Book

No abstract provided.

Constitutional Law: Lochner Revenant: The Dormant Commerce Clause & Extraterritoriality, Robin Feldman, Gideon Schor

The Judges' Book

No abstract provided.

Constitutional Law: The Realities Of Takings Litigation, Dave Owen

The Judges' Book

No abstract provided.

Criminal Law: Cop Tracing, Jonathan Abel

The Judges' Book

No abstract provided.

Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum

The Judges' Book

No abstract provided.

Poverty Law: Brains Without Money: Poverty As Disabling, Emily R.D. Murphy

The Judges' Book

No abstract provided.

Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

The Judges' Book

No abstract provided.

Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss

The Judges' Book

No abstract provided.

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

Public Lands: A Brief History Of America’S Public Lands, John D. Leshy

The Judges' Book

No abstract provided.

Empowering Victims Of Grand Corruption: An Emerging Trend, Naomi Roht-Arriaza

Faculty Scholarship

Who is the victim of systemic corruption? The traditional answer in law is everyone and no one, or public administration itself. When state funds are misused or go missing, at the most the State is the victim. Therefore, only the State has standing to sue for, or receive restitution of, the stolen assets. But that long-held consensus is changing. Activists and lawyers have begun to argue that under systematic corruption it’s not just states, but individuals and communities as well as society as a whole that suffer losses and need to be both represented and repaired. Courts are beginning to …

Rule 4 And Personal Jurisdiction, Scott Dodson

Faculty Scholarship

State-court personal jurisdiction is regulated intensely by the Fourteenth Amend- ment’s Due Process Clause, which the Court has famously used to tie state-court personal jurisdiction to state borders. Although the Fourteenth Amendment doesn’t apply to federal courts, the prevailing wisdom is that federal courts nevertheless are largely confined to the same personal-jurisdiction limits as state courts because of Rule 4(k), which provides that service “establishes personal jurisdiction” in federal court only upon specified conditions, including when the state courts would have personal jurisdiction. Some commentators have further argued that Rule 4(k) sets a limit on federal-court personal jurisdiction independent of …

Ea Sports: It’S In The Federal Legislation, Gia Silahian

UC Law SF Communications and Entertainment Journal

No abstract provided.

Regulating The Digital Resonance, Hassan Salman

UC Law Science and Technology Journal

The proliferation of automated content moderation in social media has negatively impacted users’ (individuals, businesses, and governments) selfexpressions. Major social media platforms like Facebook act as public forums for billions of users whose content may vary in terms of acceptability and legality. User content is colored by social as well as personal norms, values and experiences. For example, though blasphemy may be objectionable in Poland, it may not be so in France. However, despite facing some mistrust over how Facebook and other platforms handle user data and moderate content, users rely on the entities like Facebook to correctly filter this …

One Map To Rule Them All: Google Maps And Quasi-Sovereign Power In International Legal Disputes, Catherine Grace Katz

UC Law Science and Technology Journal

With 80% market share, Google Maps has become the most powerful digital mapping platform in the world to such an extent that users often believe Google Maps represents an objectively accurate and universally truthful depiction of the world. The desire to create a single, objective map for the whole world dates to the turn of the 20th Century, even though objectivity and cartography are inherently at odds—a notion that has long complicated the status of maps as evidence in domestic and international law. However, growing acceptance of GIS maps as evidence in both domestic and international courts highlights the importance …

Reversing The Irreversible: Mitigating Legal Risks Of Blockchain-Based Data Breach Through Corporate Governance, Katayoon Beshkardana

UC Law Science and Technology Journal

The European General Data Protection Regulation (GDPR) embodies a set of enforceable data subject rights, data controller and processor obligations, and compliance requirements. The GDPR outreach is extraterritorial and impacts US blockchain-based businesses that collect and process personal data of individuals from the EU. Given the ambiguities of the law itself surrounding what is considered as personal data on blockchain, and who data controllers and processors are, this research examines the corporate governance response to the GDPR as a bottom-up solution for compliance. To secure the sustainability of the business models based on blockchain solutions there is an immediate need …

Court Polarization: A Comparative Perspective, Iddo Porat

UC Law SF International Law Review

Polarization is on the rise around the globe. Political views are driven to the poles, and moderate views are weakened. Many studies have been carried out on the increase in social and political polarization, but far fewer on the effects of polarization on constitutional and supreme courts, and none on a comparative or global scale. This Article attempts to fill this gap. It aims, for the first time, to describe and typologize the effects of political polarization on constitutional and supreme courts in different parts of the world.

The Article identifies three models of such effects: mirror polarization (the U.S.) …

Racialization Of Street Vendors: The Criminalization Of Ethnic Minority Workers In California, Khushpreet Choumwer

UC Law SF Journal on Gender and Justice

No abstract provided.

A Letter From An Editor, Alysyn Martinez

UC Law SF Journal on Gender and Justice

No abstract provided.

Patent Term Extensions And The Last Man Standing, Robin Feldman

Faculty Scholarship

In 1984, with the passing of the Hatch-Waxman Act, Congress orchestrated a compromise that permanently changed how drug markets operate. This piece of legislation created an expedited pathway for generics to enter the market, and, in exchange, brand drugs could extend their patents to account for time lost during their market approval process. Although this well-configured trade was supposed to help generics enter the scene quicker, the current drug market landscape makes one question whether this legislation has succeeded in its aims. The following study explores the lifecycle of top-selling brand drugs in comparison to the vision put forth by …

Leading With The Trailing Edge: Facilitating Patient Choice For Insulin Products, Robin Feldman

Faculty Scholarship

Insulin prices have risen sharply, despite a century since its introduction. Against this backdrop, companies have discontinued dozens of insulin prod- ucts. Discontinuation could relate to safety or effectiveness, or to the over- whelming benefits of newer products. On the other hand, discontinuation could suggest strategic behavior hampering competition and supporting prices. To test these theories, this project examined every insulin discontin- uation, analyzing the role discontinuations play in insulin affordability. No evidence emerged of any discontinuation for safety or effectiveness. Rather, dozens of viable products were removed from the market, followed by more expensive versions, often with little or …

Federal Nonenforcement At A Crossroads, Zachary Price

Faculty Scholarship

As a novel aspect of “presidential administration”—the president- centered approach to federal governance discussed in a 2001 article by then-Professor and future Supreme Court Justice Elena Kagan—broad federal nonenforcement policies have been a major source of controversy in the past decade. As illustrated by the Obama Administration’s ex- pansive nonenforcement policies relating to marijuana, immigration, and Affordable Care Act implementation, recent presidents have recog- nized nonenforcement’s potential to reshape statutory law to suit an administration’s policy aims. This Article takes stock of this develop- ment as it relates to the past three presidential administrations. While advocating a limited view of …