Digital Commons Network^™

Gonzalez V. Google: Testing The Boundaries Of Section 230, Ohona Chowdhury

UC Law SF Communications and Entertainment Journal

No abstract provided.

Ai Ethical Compliance Is Undecidable, Lorin Brennan

UC Law Science and Technology Journal

One response to concerns about AI systems has been to espouse “ethical AI,” that is, to elucidate ethical norms and then impose a legal requirement that AI systems comport with these norms. But will it work? More precisely, does there exist an effective procedure by which an AI system developer, or regulator, can determine in advance whether an AI system, once put into operation, will consistently generate output that conforms to a desired ethical norm? This paper argues “no.” The Halting Problem shows that there is no algorithm that can reliably do so for all AI systems running any allowed …

Compelling Trade Secret Sharing, David S. Levine, Joshua D. Sarnoff

UC Law Journal

The unprecedented COVID-19 virus has brought to the forefront many challenges associated with exclusive rights in information, data, and know-how, all of which may constitute protected trade secrets. While patents have received more attention, trade secret information has limited the ability to perform research, develop, test, gain regulatory approval for, manufacture, and distribute globally and at sufficient scale and affordable prices the needed vaccines, therapeutics, diagnostics, medical devices, and personal protective equipment. Voluntary licensing efforts have proven inadequate to supply pandemic needs. Thus, compelling the sharing or licensing of trade secrets is needed not only to properly address COVID-19, but …

Litigation Takes The Stage: Using Litigation To Solve Performances In Privacy Law, Stephanie Don

UC Law Science and Technology Journal

Technology’s constant and continuous development is many steps ahead of United States’ privacy laws. This Note asserts that current domestic privacy law is years behind what technology is capable of and is merely performative. That is, privacy law claims to protect us but simply does not. Ari Ezra Waldman’s book, Industry Unbound, exemplifies how consumers and privacy professionals alike are under the false impression that the privacy profession protects consumer data. To attempt to catch up with technology’s fast-paced development—specifically in the social media space—and to create truly protective privacy law, this Note proposes that litigation be used to advance …

The Role Of Constitutional Provisions In Protecting Artificial Reproductive Technology: A Comparative Analysis Of The United Kingdom, France, Germany, Italy, And The United States, Gabrielle Kleyner

UC Law Science and Technology Journal

Artificial reproductive technology (ART) is a common medical treatment for individuals struggling with infertility. However, accessibility depends largely on social, economic, and legal factors. This article will examine the role constitutional provisions play in protecting access to ART, comparing countries with constitutional provisions protecting the right to health like the United Kingdom, France, Germany, and Italy, with the United States, which lacks such safeguards. This article will begin by comparing the constitutional provisions protecting the right to health broadly and then explore the specific guidelines governing ART. The article ultimately finds a relationship between constitutional health protections and access to …

Gender Violence As Legacy: To Imagine New Approaches, Deborah M. Weissman

UC Law SF Journal on Gender and Justice

No abstract provided.

Community Accountability, M. Eve Hanan, Lydia Nussbaum

UC Law SF Journal on Gender and Justice

No abstract provided.

Reparations And Restorative Justice: A Path To Racial Healing, Darryl Heller

UC Law SF Journal on Gender and Justice

No abstract provided.

Caremark’S Climate Failure, Andrew W. Winden

UC Law Journal

Unless U.S. corporations take steps to harden their assets against natural disasters exacerbated by climate change and prepare for the transition to a zero-carbon economy, they face the prospect of catastrophic risk to their assets and market values, damaging both shareholders and, particularly where there are systemic effects, society at large. But surveys indicate that directors of American corporations do not view climate change as an important focus for their boards. In contrast, directors in Australia and Canada consider climate change one of the top two priorities for their governments and one of the top challenges for their companies. Different …

The Collapse Of Alice’S Wonderland: Mayo’S Faulty Two-Step Framework And A Possible Solution To Patent-Eligibility Jurisprudence, Philip Hawkyard

UC Law Journal

In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court established a two-step framework to determine whether a supposed invention that involves a “natural law” can be a patent-eligible subject matter. Two years later, the Supreme Court extended this framework in Alice Corp. v. CLS Bank International to “abstract ideas,” and cemented the framework as the test to determine patent-eligible subject matter. Recent cases demonstrate that this framework has collapsed from a two-step inquiry into a one-step inquiry, leading to bizarre results and legal uncertainty. This Note examines why the Mayo framework should never have been extended to abstract …

Legal Violence And Restorative Justice, Julie Shackford-Bradley

UC Law SF Journal on Gender and Justice

No abstract provided.

Antitrust’S Healthcare Conundrum: Cross-Market Mergers And The Rise Of System Power, Jaime S. King, Alexandra D. Montague, Daniel R. Arnold, Thomas L. Greaney

UC Law Journal

As healthcare markets continue to consolidate and prices continue to rise, economists, legal scholars, antitrust enforcers, and policymakers have the opportunity and the obligation to examine how the dynamics of our healthcare markets have changed over time and how those changes affect consumers and competition. Although antitrust merger law is designed to arrest anticompetitive harms in their incipiency, it has failed to prevent anticompetitive consolidation in most sectors of the healthcare industry. Of particular concern is the inattention of antitrust enforcers to the growing market power of healthcare systems that span multiple local geographic markets. While more than half of …

Science, Creativity, And The Copyright Clause, Ned Snow

UC Law Journal

The Constitution provides Congress the power to enact copyright laws in order “To promote the Progress of Science.” Some statements by the modern Supreme Court may be interpreted to suggest that “the Progress of Science” is synonymous with creativity, and most scholars articulate the purpose of copyright law in terms of encouraging creative expressions. This is troubling, however, because not all creative expressions yield public knowledge; indeed, some yield public harm. For example, false statements of fact that are made to purposefully deceive are highly creative, but those statements inhibit the spread of knowledge and may lead to demonstrably harmful …

Board Of Directors Quarterly Meeting - Open Session Packet 03/02/2023, Uc Hastings Board Of Directors

2023 Board of Directors Agenda and Materials

No abstract provided.

Race, Religion, And National Identity Review Of Sahar Aziz, The Racial Muslim: When Racism Quashes Religious Freedom (Uc Press, 2022), Natsu Taylor Saito

UC Law Constitutional Quarterly

No abstract provided.

Foreword, Madeline Cline

UC Law Constitutional Quarterly

No abstract provided.

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

UC Law Constitutional Quarterly

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Racial Equality, Religious Liberty, And The Complications Of Pluralism, Rachel F. Moran

UC Law Constitutional Quarterly

No abstract provided.

Advancement & Communications Committee Meeting - Open Session Packet 02/09/2023, Uc Hastings Board Of Directors

2023 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 02/09/2023, Uc Hastings Board Of Directors

2023 Board of Directors Agenda and Materials

No abstract provided.

Meeting Of The Executive Committee - Open Session Book 02/08/2023, Uc Hastings Board Of Directors

2023 Board of Directors Agenda and Materials

No abstract provided.

The Latest Interface: Using Data Privacy As A Sword And Shield In Antitrust Litigation, Sammi Chen

UC Law Journal

The new and growing intersection between data privacy and antitrust uses data privacy as both a sword and shield against antitrust liability. On one hand, large technology firms have begun using privacy as a business justification for alleged antitrust misconduct. On the other hand, private and government plaintiffs have raised privacy concerns in antitrust litigation. Although antitrust law and data privacy law are two distinct bodies of legal doctrines, there is literature suggesting their consolidation in certain contexts. The Hipster Antitrust movement and integrationist theory purport that data privacy should be included in an antitrust review when privacy is a …

Privacy Theater In The Bankruptcy Courts, Christopher G. Bradley

UC Law Journal

The intersection between privacy law and the big business of consumer data has become a major focus of policymakers, scholars, the business community, and consumer advocates, yet the legal regime governing the commercial use of data remains contested and often unclear. The difficulty becomes particularly acute when a company is financially distressed. A healthy firm might hesitate to exploit private data out of concern that doing so would cause reputational harm or liability, but these scruples matter less to financially distressed firms.

Bankruptcy law provides for the appointment of a “consumer privacy ombudsman” to make a recommendation on whether debtors …

How Crisis Affects Crypto: Coronavirus As A Test Case, Hadar Y. Jabotinsky, Roee Sarel

UC Law Journal

Everybody is talking about cryptocurrencies. These digital tokens, which started in a one-asset market, have swiftly ballooned into a massive and diverse “cryptomarket.” The cryptomarket is still mostly unregulated, but this is about to change. With President Biden’s adoption of the Executive Order on Ensuring Responsible Development of Digital Assets, regulatory initiatives are being adopted abroad, and global regulation looms ahead. In light of the expected regulatory changes, two important questions emerge: is there a clear rationale for legal intervention in the cryptomarket? And if so, what type of regulation is optimal?

This Article is the first to consider how …

Deferring Intellectual Property Rights In Pandemic Times, Peter K. Yu

UC Law Journal

This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal’s strengths and weaknesses. The Article then identifies the challenges surrounding the negotiation and implementation of the proposed waiver. It shows why these two sets of challenges were neither separate nor sequential, but deeply entangled at the time of the international negotiations. To respond to these challenges and the negotiation …

Immigration Law’S Boundary Problem: Determining The Scope Of Executive Discretion, Peter Margulies

UC Law Journal

In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and protective discretion, which safeguards noncitizens’ reliance interests. Moreover, courts have long discerned an internal-external divide in discretion, deferring to executive measures that exclude noncitizens abroad, while reducing deference for measures concerning noncitizens who have already entered the United States. Immigration law needs a cohesive framework for executive discretion. This Article suggests a stewardship model to fill that gap.

Recent developments have emphasized the need for a coherent model of discretion. The Trump Administration …

When Further Incarceration Is No Longer In The Interest Of Justice: Instituting A Federal Prosecutor-Initiated Resentencing Framework, Lydia Tonozzi

UC Law Journal

The dire state of the prison population in the United States has become common knowledge both at home and abroad. Mass incarceration in the United States has been caused by nearly four decades of retributive criminal justice policies that do little to reduce crime. This mass incarceration imposes a multitude of costs on American society, both financially and socially. Furthermore, congressional goals to reduce crime rates are necessarily undermined by punitive policies at the federal level. The history of California’s penal system during the same time frame parallels the federal history. Yet in 2017, California began to remedy this history …

The Long Road To Dobbs, Earl M. Maltz

UC Law Constitutional Quarterly

For anti-abortion activists, the recent decision in Dobbs v. Jackson Women’s Health Organization represented the culmination of a decadeslong campaign to reverse the holding of Roe v. Wade and eliminate constitutional constraints on governmental authority to limit access to abortions. In 1992, despite the fact that the Court was dominated at that time by justices who had been chosen by Presidents who were openly critical of the prochoice position, these activists had been sorely disappointed by the outcome in Planned Parenthood of Southeastern Pennsylvania v. Casey, in which a majority of the justices had reaffirmed their support for what was …

Masthead

UC Law Constitutional Quarterly

No abstract provided.