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Special Board Of Directors Quarterly Meeting - Open Session Packet 06/22/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Foreword, Meron Wendwesen, Katrina Uyehara

UC Law Constitutional Quarterly

No abstract provided.

Cop-“Like”: The First Amendment, Criminal Procedure, And The Regulation Of Police Social Media Speech, Jonathan Abel

Faculty Scholarship

What happens when a law-enforcement officer makes an offensive comment on social media? Increasingly, police departments, prosecutors, courts, and the public have been confronted with the legal and normative questions resulting from officers’ racist, sexist, and violent social media comments. On one side are calls for severe discipline and termination. On the other are demands that officers be permitted to express their views without fear of retaliation. The regulation of police social media speech has been largely conceived of in First Amendment terms. But because an officer’s comments affect her ability to testify, criminal procedure is also employed in regulating …

Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris

UC Law Constitutional Quarterly

“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …

State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker

UC Law Constitutional Quarterly

No abstract provided.

History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell

UC Law Constitutional Quarterly

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii

UC Law Constitutional Quarterly

This article analyzes Torres v. Madrid, in which the Supreme Court ruled an officer seized a person when he shot her, even though the suspect temporarily eluded capture after the shooting. This work examines the logical implications of Torres’s reasoning. Torres equated a Fourth Amendment seizure of the person with a common law arrest and defined an arrest to include an officer’s slightest touching of a person, even with only a finger. This article asserts that the force of Torres’s logic has elevated the Terry stop and frisk to a full arrest because Terry’s intrusion involves official touching and control …

Educational Policy Committee Meeting – Open Session Packet 05/19/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 05/19/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Untangling Right From Wrong In Insanity Law: Of Dogs, Wolves & God, Kate E. Bloch

UC Law Journal

In almost all U.S. jurisdictions, a qualifying mental illness that prevents an accused from distinguishing right from wrong can provide support for a determination of legal insanity. Nonetheless, “wrongfulness” remains a term of myriad and somewhat elusive meanings. Instead of enhancing clarity, by engaging with simplified examples, the U.S. Supreme Court’s broad-brush approach in its 2020 majority and dissenting opinions in Kahler v. Kansas threatens to exacerbate confusion about “wrongfulness” in legal insanity doctrine. This Article surfaces challenges in the Court’s and dissent’s analyses and aims to discourage reliance on problematic assumptions about “wrongfulness” in insanity law.

Mass Criminalization And Racial Disparities In Conviction Rates, Erin E. Meyers

UC Law Journal

A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are represented in the FBI’s master criminal database. Many scholars and commentators have questioned the desirability of mass criminalization and the resulting large-scale arrests.

I add new empirical context to this ongoing discussion by examining conviction rates among a nationally representative sample of young men. I find that, conditional on having been arrested, Black men are 29% less likely than their similarly situated White counterparts to experience conviction. This result …

The Extraction Industry In Latin America And The Protection Of Indigenous Land And Natural Resource Rights: From Consultation Toward Free, Prior, And Informed Consent, Kylah Staley

UC Law Journal

Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests. Furthermore, Indigenous customary lands contain 80% of the world’s biodiversity. Traditionally, Indigenous communities have been stewards of their lands, where they regard the land as means for their own physical, spiritual, and cultural survival rather than a commodity to be exploited. The only protection Indigenous Peoples have against …

Subcommittee On Audit Meeting – Open Session Packet 04/21/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Adopting A Legislative Approach For Data In The Fourth Amendment: Defining Personal Data As An “Effect”, Dan Yosipovitch

UC Law Science and Technology Journal

This Article addresses the need to recognize a property-based right in personal data and to limit the amount of personal information that can be lawfully collected about individuals online. The Fourth Amendment, protecting “persons, houses, papers, and effects” from unreasonable searches must be interpreted to ensure privacy for personal data. The evolving nature of data privacy protections and global data privacy standards emphasizes the necessity to develop clear standards and statutes to protect an individual’s interest in their personal data. Statutes such as the E.U.’s GDPR and California’s CCPA, provide a regulatory framework on how to approach data privacy on …

Trade Secrecy And Innovation In Forensic Technology, Eli Siems, Katherine J. Strandburg, Nicholas Vincent

UC Law Journal

Trade secrecy is a major barrier to public scrutiny of probabilistic software tools that are increasingly used at all stages of the criminal system, from policing and investigation through trial and sentencing. Such tools allow prosecutors to leverage imperfect forensic evidence, such as DNA mixtures, smudged fingerprints, and grainy video footage. Probabilistic software tools unavoidably rely on potentially contestable assumptions, parameters, and implementation choices. Judicially recognized trade secrecy in criminal cases impedes scrutiny of these tools by defendants and the public. Previous critics have focused on secrecy’s potential to undermine the integrity and fairness of the criminal justice system, invoking …

Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Private Regulators Of The New Public Square, Jagdeep Sekhon

UC Law Science and Technology Journal

No abstract provided.

A Comparative Analysis Of The Eu And U.S. Data Privacy Regimes And The Potential For Convergence, Ruben De Bruin

UC Law Science and Technology Journal

No abstract provided.

Big Tech Trademarks: Trademark Law Empowers Big Tech To Maintain Market Dominance, Denise Pritchard

UC Law Science and Technology Journal

No abstract provided.

The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson

UC Law SF Communications and Entertainment Journal

No abstract provided.

From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe

UC Law SF Communications and Entertainment Journal

The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders? Moreover, …

The Political Economy Of Foreign Sovereign Immunity, Maryam Jamshidi

UC Law Journal

The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of these exceptions is for the commercial activity of foreign sovereigns. While underappreciated, various capitalist interests have comported with and been furthered by the FSIA. Applying a political economy lens, this Article demonstrates how the statutory framework for private litigation against foreign sovereigns has aligned with interests and prerogatives associated with particular stages of capitalist development—as evidenced by the historical evolution of foreign sovereign immunity doctrine and the FSIA’s eventual passage; the …

Thirteenth Amendment Echoes In Fourteenth Amendment Doctrine, Christopher W. Schmidt

UC Law Journal

This Article argues that to better understand the historical development of Fourteenth Amendment antidiscrimination doctrine, we should look to the Thirteenth Amendment. The Fourteenth Amendment was drafted in response to debates over the meaning of the Thirteenth Amendment; it was widely understood at the time of ratification as building upon the constitutional commitments embodied in the Thirteenth Amendment; and assumptions about liberty and equality more commonly associated with the Thirteenth Amendment have had a recurring, if underappreciated, influence on judicial interpretations of the Fourteenth Amendment.

I trace these Thirteenth Amendment influences on the Fourteenth Amendment from Reconstruction to some of …

Identifying And Countering Fake News, Mark Verstraete, Jane R. Bambauer, Derek E. Bambauer

UC Law Journal

Fake news presents a complex regulatory challenge in the increasingly democratized and intermediated on-line information ecosystem. Inaccurate information is readily created by actors with varying goals, rapidly distributed by platforms motivated more by financial incentives than by journalistic norms or the public interest, and eagerly consumed by users who wish to reinforce existing beliefs. Yet even as awareness of the problem grew after the 2016 U.S. presidential election, the meaning of the term “fake news” has become increasingly disputed and diffused. This Article first addresses that definitional challenge, offering a useful taxonomy that classifies species of fake news based on …

Avatars And Derivative Works: Harmonizing The Interests Of Creators And Consumers, Reina Shinohara

UC Law Journal

As we spend more of our days online, we are seeing a shift in content moving towards a progressively simulated reality. The virtual worlds of video games and other online communities have become a norm for many, with an influx of creative content derived from those spaces being widely shared and enjoyed by millions across the country. As instances of works featuring virtual worlds and our virtual representations within those worlds become more frequent, it becomes imperative that there be a clear delineation on what protections govern those expressions within and concerning those virtual spaces. Can an avatar be copyrighted? …

Dropping The Other Shoe: Personal Jurisdiction And Remote Technology In The Post-Pandemic World, Jenny Bagger

UC Law Journal

As the question of how new technology factors into the personal jurisdiction analysis remains unresolved, the vast increase in the reliance on remote technology that the COVID-19 pandemic spurred urges a definitive answer. Even when the pandemic comes to its end, the shift it caused towards remote interactions and the question of how these interactions affect personal jurisdiction will continue as society enters the post-pandemic world. The now-outdated Internet-specific test that lower courts created more than twenty years ago has caused more confusion than clarity and no longer suits the technology of a rapidly evolving society. As the new norm, …

Board Of Directors Quarterly Meeting - Open Session Packet 03/10/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Educational Policy Committee Meeting – Open Session Packet 02/17/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.

Finance Committee Meeting - Open Session Packet 02/17/2022, Uc Hastings Board Of Directors

2022 Board of Directors Agenda and Materials

No abstract provided.