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Board Of Directors Quarterly Meeting - Open Session Packet 09/09/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 08/25/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Educational Policy Committee Meeting – Open Session Packet 08/25/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Does One Size Fit All? Why Our Genes Show The Need For Tailor-Made Solutions, Jack Haisman

UC Law Journal

Since the human genome was first sequenced in 2003, millions of consumers and medical professionals have swarmed the field of medical genetics, seeking to peer into the crystal ball and see what their own, or their patients’, futures may hold. Also rushing in are direct-to-consumer genetic testing companies like 23andMe and AncestryDNA, which can circumvent medical privacy laws by offering genetic testing without a medical provider.

Medical privacy regulations, such as the Health Information Portability and Accountability Act of 1996 (HIPAA), the Genetic Information Discrimination Act of 2008 (GINA), and those promulgated by the Federal Trade Commission, do not regulate …

Limiting The Use Of The Categorical Approach And Setting A Statute Of Limitations For Deportation, Viridiana Ordonez

UC Law Journal

The United States relies, in part, on certain criminal convictions to determine which noncitizens are deportable. The specific types of criminal convictions subjecting an individual to deportation proceedings are found in the Immigration and Nationality Act (INA). However, the INA only lists categories and types of crimes that trigger deportation. It is the courts’ responsibility to compare the state criminal statute grounding the conviction with the list provided under the INA. This process is done using the “categorical approach,” which allows courts to make a comparison and determine if a state criminal conviction matches a crime listed in the INA, …

Special Board Of Directors Quarterly Meeting - Open Session Packet 07/27/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Green Bonds: Reforming Esg Regulation In The United States To Meet The Requisite Funding Demand For A Decarbonized Economy, Bryant Rivera

UC Law Environmental Journal

At the 2021 United Nations Climate Change Conference (“COP26”) in Glasgow, nations around the world reaffirmed their international commitment to limit average global temperature increases by the end of the century to 1.5 degrees Celsius. This international effort will require a significant amount of funding, one that will demand a substantial restructuring of the U.S. financial market towards a carbon neutral economy. In recent years, green bonds have emerged as the leading financial instrument to finance environmental projects and initiatives. Although the market has seen unprecedented growth, it is nevertheless inhibited by its lack of regulatory structure, with all disclosures …

Radical Legal Change: Moving Toward Earth Law, Tara Pierce

UC Law Environmental Journal

This paper will examine the required paradigm shift in socio-legal philosophical thinking and the shared values between the Public Trust Doctrine and Earth Law. These legal frameworks were born from different social narratives, which greatly impacted their ability to serve the public and the Earth Community. Exploring each legal framework’s origins and current practice will illuminate how the Public Trust Doctrine can bridge the gap between Western legal systems toward Earth Law—a holistic approach to justice in the context of history, society, ecology, and humanity’s relationship with our planet. Earth Law focuses on the roles of beings within their ecosystem, …

Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith

UC Law SF International Law Review

The Mullaperiyar dam dispute between the South Indian states of Kerala and Tamil Nadu, which pertains to the safety of a 126-year-old dam, despite a ruling by the Supreme Court of India to retain the dam, keeps on reappearing before the Court in one way or other. The primary reason for such a recurrence is the fear of 4 million people of Kerala living downstream the century-old dam. Yet the Court has been reluctant to make a final settlement to the dispute and keeps on encouraging the states to find a solution through the political process.

The reluctance of the …

Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett

UC Law SF International Law Review

New Zealand has often been imagined as a place of refuge in the event of social, ecological, economic or another catastrophe. The Covid-19 pandemic drew heightened attention to the desirability of access to a remote and temperate country. For ‘preppers’ of Silicon Valley, such access represents a form of apocalypse insurance. Google co-founder Larry Page was able to enter the country, when it was effectively sealed off to outsiders, to secure medical treatment for his child. To the surprise of many, who have been waiting months if not years for their residency applications to be processed, his investor category class …

Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi

UC Law SF International Law Review

This article analyses, under legal, political, and sociological aspects, the plight of corruption in Higher Education in Africa. On one side, the fight against corruption on the continent seems to use a growing number of legal instruments, at all levels (international, regional, sub-regional and domestic) on the other hand, however, it clashes against rooted traditions and a common mentality that often seem to justify acts of corruption in African academia. Through my work, I shed light on this, at least apparent, dichotomy and to make a synthesis of the various positions that can be found in Africa regarding this sensitive …

A Parallel Infodemic: Multifaceted Approaches To Online Public Health Mis- And Disinformation During The Covid-19 Pandemic, Erin Hutchins

UC Law Journal

During the COVID-19 pandemic, communities congregated in online spaces more than ever before. While some people found solidarity online, many others found snippets of false information regarding COVID-19’s origin, transmission, and preventative measures. Inaccurate public health information originated long before the COVID-19 pandemic, but it thrived as the uncertainty around daily living dragged on. The pandemic prompted a conversation about who, if anyone, is responsible for deciphering and regulating the spread of false and misleading information. This Note presents two methods in which inaccurate information can be redressed. First, Section 230 of the Communications Decency Act—which provides sweeping immunity for …

Private Meetings Between Firm Managers And Outside Investors: The European Paradigm, Giovanni Strampelli

UC Law Business Journal

Institutional ownership of listed companies has grown significantly, leading to an increase in ownership concentration in the European Union. Under the current context of re-concentrated ownership, institutional shareholders are expected, also in Europe, to play a more active role in corporate governance and to exert influence on the company’s strategies. Within such a corporate governance landscape institutional investor engagement is becoming a distinctive feature of corporate governance of European listed companies. In particular, board-shareholder dialogue is a key engagement tool and is essential in order to enable institutional investors to fulfil their stewardship functions. Board-shareholder dialogue is also core to …

The Balancing Of Executive Emergency Powers As They Relate To The Pandemic And Eviction Control, Marialexa Natsis

UC Law Business Journal

No abstract provided.

Asian And Muslim Americans Intersections, Solidarity And Striving Ahead, Khaled A. Beydoun

UC Law Journal of Race and Economic Justice

No abstract provided.

Violations Of The Eighth Amendment: How Climate Change Is Creating Cruel And Unusual Punishment, Robert Pistone

UC Law Environmental Journal

As climate change continues to threaten human life on Earth, greenhouse gas emissions are causing more frequent record-setting temperatures and natural disasters. If the current United States prison system does not take steps to address how climate change is affecting the quality of life of its inmates, then imprisonment will be considered cruel and unusual punishment in the near future. In fact, in light of climate change, there is a strong argument that the current treatment of prisoners is already cruel and unusual punishment when other factors are taken into account. This paper focuses on the standards of what conditions …

Replicating The Definition Of ‘Forced Pregnancy’ From The Rome Statute In A Future Convention On Crimes Against Humanity: A Tough Pill To Swallow, Julia Tétrault-Provencher

UC Law SF Journal on Gender and Justice

No abstract provided.

Alienation, Commodification, And Commercialization: A Feminist Critique Of Commercial Surrogacy Agreements Through The Lens Of Labor Exploitation And U.S. Organ Donation Law, Isa Elfers

UC Law SF Journal on Gender and Justice

In the United States, organ sale and other forms of paid organ donation agreements are legally prohibited on the grounds that they pose the potential to exploit indigent people for the use of their bodies by the wealthy. However, commercial surrogacy agreements, in which a woman is paid to undergo pregnancy on behalf of another person, form the basis of a booming industry in the United States and abroad. This note posits that commercial surrogacy agreements introduce the same potential for exploitation of the poor as paid organ donation agreements, and that that potential is compounded by specific exploitation of …

The Constitutionality Of Mandating Editorial Transparency, Eric Goldman

UC Law Journal

This Article explores the underappreciated constitutional problems that arise when regulators compel Internet services to disclose information about their editorial operations and decisions (what the Article calls “mandatory editorial transparency”). In particular, this Article highlights the inevitable problems caused by regulators’ attempts to confirm the accuracy of Internet services’ disclosures. The prospect of such enforcements will motivate Internet services to change their decisions to please regulators—thus having the same effect on speech as more direct, and obviously unconstitutional, speech regulations. This makes mandatory editorial transparency regulations another policy dead-end in regulators’ quest to control online speech.

Protecting Free Speech And Due Process Values On Dominant Social Media Platforms, Dawn Carla Nunziato

UC Law Journal

Dominant social media platforms have been increasingly perceived as engaging in discrimination against conservative and right-wing viewpoints. Trump’s deplatforming, coupled with the platforms’ recent removal of Covid- and election-related misinformation, led to cries of censorship by conservatives and increased calls for regulation of the platforms. Supreme Court Justice Thomas took up this charge, suggesting a regulatory path forward for lawmakers seeking to hold the platforms liable for alleged viewpoint discrimination and censorship.

This Article examines the desirability and constitutionality of recent legislative initiatives that seek to provide remedies for these alleged ills and to rein in the dominant platforms’ discretion …

The Coming Connected-Products Liability Revolution, Robert S. Peck

UC Law Journal

Technological innovation begets legal revolution. And tort law, as a creature of the common law, makes the most profound doctrinal leaps and does so more rapidly than any other area of law when technology changes our everyday lives to create new wrongs and demand remedies. History demonstrates tort’s unique ability to respond to the newest technologies, as it did with the appearance of railroads and later automobiles.

Today, once again, we are living in an age of great technological change, ushered in by ubiquitous smart devices. Computers, connected to other computers through the Internet, populate a wide variety of everyday …

Institutional Choice For Software Safety Standards, Bryan H. Choi

UC Law Journal

The pursuit of software safety standards has stalled. In response, commentators and policymakers have looked increasingly to federal agencies to deliver new hope. Some place their faith in existing agencies while others propose a new super agency to oversee software-specific issues. This turn reflects both optimism in the agency model as well as pessimism in other institutions such as the judiciary or private markets.

This Essay argues that the agency model is not a silver bullet. Applying a comparative institutional choice lens, this Essay explains that the characteristic strengths of the agency model—expertise, uniformity, and efficiency—offer less advantage than one …

The Law Of Pseudonymous Litigation, Eugene Volokh

UC Law Journal

When may parties in American civil cases proceed pseudonymously? The answer turns out to be deeply unsettled. This Article aims to lay out the legal rules (such as they are) and the key policy arguments, in a way intended to be helpful to judges, lawyers, pro se litigants, and academics.

Regulating Social Media In The Free-Speech Ecosystem, Anuj C. Desai

UC Law Journal

Social media is just one part of the broader free-speech ecosystem. Social media regulation thus only regulates one part of that ecosystem. To evaluate social media regulation thus requires an understanding of the role social media itself plays—or more importantly, ought to play—in that ecosystem. We must thus first answer the following question: what institutional role should social media play in that broader free-speech ecosystem?

I argue that one framework through which to view this question—or perhaps one subset of this question—is, where should social media companies lie on what we might call the “speakerconduit continuum”? When we think about …

The Gdpr As Privacy Pretext And The Problem Of Co-Opting Privacy, Neil Richards

UC Law Journal

Privacy and data protection law’s expansion brings with it opportunities for mischief as privacy rules are used pretextually to serve other ends. This Essay examines the problem of such co-option of privacy using a case study of lawsuits in which defendants seek to use the EU’s General Data Protection Regulation (“GDPR”) to frustrate ordinary civil discovery. In a series of cases, European civil defendants have argued that the GDPR requires them to redact all names from otherwise valid discovery requests for relevant evidence produced under a protective order, thereby turning the GDPR from a rule designed to protect the fundamental …

It’S Time For California To Enact Employment Protections For Medical Cannabis Patients, Kevin Murphy

UC Law Journal

California law allows an employer to refuse to hire an applicant or discharge an employee for consuming medical cannabis in order to treat a serious medical condition, even if an individual consumes cannabis at home during non-working hours.

For example, in 2001, employer RagingWire Telecommunications fired its newly hired employee—Gary Ross, a United States Veteran who sustained injuries while serving his country— for using medical cannabis at home during non-working hours to relieve the pain those injuries caused. Mr. Ross challenged his termination, and the California Supreme Court sided with RagingWire, finding that California’s Compassionate Use Act did not protect …

From Schoolhouse Gate To Locker Room Door: The Student Athlete’S Constitutional Right To Protest At A Public University Does Not Stop At The Hardwood, Katharine Waters

UC Law Journal

The Supreme Court has not faced a case involving the public university student athlete’s right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests stemming from the arena of sports is nothing new, and athletes are supported by a long and rich history of influential professional athletes making their mark on civil rights movements. In light of recent and tragic killings of Black Americans at the hands of police, collegiate student athletes have begun to use their platform to raise awareness and express their political viewpoints. As a …

Intellectual Property Licenses In Cross-Border Insolvency: Lessons From In Re Qimonda, M P Ram Mohan, Aditya Gupta

UC Law Business Journal

Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original mandate. In 2018, a legislatively appointed committee suggested that the Code should adopt the UNCITRAL Model Law on Cross Border Insolvency. However, the Committee overlooked a crucial jurisprudential guideline, which colored the interpretation of the Model Law. It was a crossborder insolvency dispute between American and German regimes. An American bankruptcy court subjected to the German administration of American Intellectual Property assets to protection exclusively available …

Immigration Judge Independence Under Attack: A Call To Re-Evaluate The Current Method Of Ij Appointment And Create A Separate Immigration Court System, Nicole Sequeira Tashovski

UC Law Journal of Race and Economic Justice

No abstract provided.

Keynote Address: “Asian Americans At A Crossroads”, Frank H. Wu

UC Law Journal of Race and Economic Justice

No abstract provided.