Digital Commons Network^™

The Dog That Didn’T Bark: Looking For Techno-Libertarian Ideology In A Decade Of Public Discourse About Big Tech Regulation, Jodi L. Short, Reuel E, Schiller, Susan Sibley, Noah Jones, Babak Hammatian, Lee Anna Bowman-Carpio

Faculty Scholarship

The internet was built on the techno-libertarian ideology that “information wants to be free,” and that ideology has played a prominent role in academic and policy debates about regulating the internet and the big technology companies that dominate it.2 Techno-libertarian ideology has generated a constellation of claims about tech and regulation—from the suggestion that regulation will stifle innovation in the complex, dynamic tech sector, to the assertion that the large platform companies are literally not regulable. In this article, we explore how much traction such claims and ideologies have in the broader public discourse about big tech and regulation. We …

A Trip To The Border: Legal History And Apa Originalism, Reuel E. Schiller

Faculty Scholarship

This article examines originalist interpretations of the Administrative Procedure Act (APA) from the perspective of a legal historian. After ex­ amining two pieces of originalist scholarship, it concludes that the histor­ ical record may not produce narratives of enough specificity or coherence to assist the originalist project. Nonetheless, it highlights three under-examined subjects of historical inquiry that have the most potential to aid APA originalists: the nature of administrative procedure during the first three decades of the twentieth century when the modem "appellate model" of judicial review emerged; the actual practice of ad­ ministrative law during the New Deal, both …

Administrative Constitutionalism And The History Of The Administrative State, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Suing Spacs, Emily Strauss

Faculty Scholarship

In 2020, the financial world became transfixed by a massive increase in the number of firms going public through special purpose acquisition company (“SPAC”) transactions. A SPAC is a publicly traded company formed solely for the purpose of raising money from investors and choosing a merger partner, thereby bringing the target company public. SPAC shareholders vote on the proposed transaction, but also have the option to redeem their shares for the price paid plus interest prior to the merger. SPACs have always been controversial; they make risky ventures available to unsophisticated investors, may involve acute conflicts of interest, and do …

You’Ve Got To Speak Out Against The Madness: The Myth Of Tax Neutrality, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

Misinformation And Covid-19, Dorit Rubenstein Reiss

Faculty Scholarship

The COVID-19 pandemic’s impact on our world cannot be overstated. One of its noticeable features was the prominence of misinformation generally, and anti-vaccine misinformation more specifically. This article provides a breakdown of the five major themes of antivaccine misinformation and the way they were used to create fear, uncertainty, and doubt about COVID- 19 vaccines. Long before the pandemic, anti-vaccine activists argued using a five-part playbook. They argued that (1) vaccine preventable diseases were not really dangerous, (2) vaccines were dangerous and ineffective, (3) there were alternative treatments that were better than (dangerous and ineffective) vaccines, (4) there was a …

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

Faculty Scholarship

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Rights Violations As Punishment, Kate Weisburd

Faculty Scholarship

Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights—such as the rights to marry, bear children, worship, consult a lawyer, and protest—be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not “cruel and unusual” under the Eighth Amendment? On one hand, such state intrusion on fundamental rights would seem unconstitutional. On the other hand, such intrusions are often less harsh than the restriction of rights inherent in prison. If a judge can sentence someone to life in prison, how can a judge not …

Regulatory Managerialism As Gaslighting Government, Jodi L. Short

Faculty Scholarship

No abstract provided.

Bridging The Gap In Lgbtq+ Rights Litigation: A Community Discussion On Bisexual Visibility In The Law, Nancy Marcus, Bendita Cynthia Malakia, Ann E. Tweedy, Mya Reid

UC Law SF Journal on Gender and Justice

No abstract provided.

Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert

UC Law SF International Law Review

Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). If approved, states would be permitted to adopt domestic measures suspending the minimum protections afforded to Covid-19 vaccine patents under the TRIPS Agreement. In this article, I consider whether the owners of Covid-19 vaccine patents may have a compensable indirect expropriation claim under investment treaty arbitration against …

Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge

UC Law SF International Law Review

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Don’T Let The Green Grass Fool You: Green Contingent Convertible Bonds And Their Role In The Pursuit Of A Sustainable Economy, Eyolf Aaro

UC Law Business Journal

This paper exposes some prominent issues that arise when banks label their contingent convertible bonds (CoCos) as “green,” and proposes a mechanism to improve green CoCos as climate change mitigation instruments. The green label is weakly protected due to regulatory requirements for capital instruments issued by banks. Current and proposed green bond frameworks, when applied to standard green bonds are insufficient in ensuring real environmental impacts from the bonds, are not prepared for the novelty of labeling CoCos as green. The result is a financial instrument through which issuing banks unsuccessfully try to achieve both regulatory and environmental aims. The …

Attack On Antitrust: Preventing A Grim Future For Anime Streaming, Michael L. Cederblom

UC Law Business Journal

No abstract provided.

Capital Punishment For Latine Populations, Morgan Zamora

UC Law Journal of Race and Economic Justice

No abstract provided.

“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes

UC Law Journal of Race and Economic Justice

No abstract provided.

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System The Criminal Legal System, Thalia Gonzalez

Faculty Scholarship

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Vaccination Mandates—An Old Public Health Tool Faces New Challenges, Dorit Rubenstein Reiss, Lawrence O. Gostin, Michelle M. Mello

Faculty Scholarship

No abstract provided.

Wolf Law, David Takacs

Faculty Scholarship

Various populations of wolves have been listed as threatened or endan- gered under the U.S. Endangered Species Act since the 1970s. But no listed species has aroused, and continues to arouse, so much controversy as the Northern Gray wolf. “Wolf law” is unique, odd, and often counterproductive— at least if the goal is to ensure the species’ survival and revitalize damaged ecosystems upon which healthy human communities depend. This Article identifies some of the unique characteristics of wolf law, analyzes how and why it has developed in this strange way, and proposes some more sensible ways for healthy human communities …

Rewarding Failure With Patents, Robin Feldman

Faculty Scholarship

It is axiomatic that patents promote success. And yet, a contrary notion—that the patent incentive for medicine should be sufficient to compensate for the losses incurred when other research fails—is quietly permeating modern court decisions, commentary, and Congressional discussions, coloring debates relating to pricing and regulation of medicine. The conceptualization is moving forward unchallenged, as if failure compensation follows logically from the innovation incentives built into the patent construct. As this Article demonstrates, however, the notion is antithetical to patent law, putting modern conceptualizations on a collision course with the history and theory of patents reaching back to this nation’s …

A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder

UC Law Constitutional Quarterly

In the summer of 2020, immigration law seemed to become the gravitational center of presidential power. After the Supreme Court decided several immigration cases in favor of the executive department, former President Trump cited “the DACA case” to support a new constitutional theory that “[t]he Supreme Court gave the president of the United States powers that nobody thought the president had.” Accordingly, Trump began to issue presidential legislation including “an immigration plan, a health care plan, and various other plans.”

Trump also began to occupy cities that were politically opposed to his presidency with ICE and CBP agents, including BORTAC …

Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development In Indian Country, Pippa Browde

UC Law Journal

Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states have entered into intergovernmental agreements called tax compacts to reduce or eliminate juridical taxation. Existing literature has done little more than mention tax compacts with cursory cost-benefit analyses of the agreements. This is the first Article to critically examine the role tax compacts serve in promoting tribes’ economic development.

This Article analyzes …

A Tokenized Future: Regulatory Lessons From Crowdfunding And Standard Form Contracts, Darian M. Ibrahim

UC Law Journal

This Article examines the world of risk investing in the cryptoeconomy. The broader crypto market is booming despite the latest downturn. People and institutions are buying in. The question is now how to regulate it.

This Article first tackles the question of whether coins, tokens, and other investable cryptoassets are securities. Second, for those cryptoassets that are not securities, this Article seeks to find a regulatory solution that balances promoting innovation with investor protection, just as the Securities and Exchange Commission (SEC) would do. To strike the right balance, this Article adopts a proposal by Ian Ayres and Alan Schwartz …

Forensic Linguistics: Science Or Fiction?, Abigail Shim

UC Law Journal

The history of linguistics is meager and splintered due to the subject’s interdisciplinary nature. In the postwar era, the discipline attempted to revive as a scientific one, spearheaded by Noam Chomsky and his theory of generative grammar. Linguistics consequently broke away from the predominant structuralist approach of the nineteenth century, returning to rationalist roots. But with the rise of computer technology, Chomsky’s critiques of empirical, applicational linguistic approaches have lost their force. As academic linguistics splinters off again, loses its scientific edge, and regroups with the humanities, linguistics applied in the forensic context may implicate more questions than it answers, …

Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball

UC Law Constitutional Quarterly

The Tulsa Race Massacre centennial, occurring on the heels of the Movement for Black Lives and its historic national spotlight on racial inequity, provides a rare moment to be reflective about how transactional lawyering can advance racial and economic justice. This Essay examines the Greenwood District to not only explain the continuing economic disenfranchisement of people of color, but also provide transactional lawyers a case study through which they can critically examine their efforts to move beyond the rhetoric of economic development to rooting out racial violence and oppression that threatens not merely minority-owned businesses, but the lives of people …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Educational Policy Committee Meeting – Open Session Packet 11/17/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Advancement And Communications Committee Meeting - Open Session Packet 11/17/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.