Digital Commons Network^™

Reliance On Nonenforcement, Zachary S. Price

Faculty Scholarship

No abstract provided.

Seeking A Rational Approach To A Regional Refugee Crisis: Lessons From The Summer 2014 ‘Surge’ Of Central American Women And Children At The Us-Mexico Border, Karen Musalo, Eunice Lee

Faculty Scholarship

No abstract provided.

The 2016 Presidential Election: The Next Four Years And Beyond, Scott Dodson, Dahlia Lithwick, Bertrall L. Ross, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Drive To Precarity: A Political History Of Work, Regulation, & Labor Advocacy In San Francisco's Taxi & Uber Economies, Veena B. Dubal

Faculty Scholarship

No abstract provided.

The Future Of Natural Resources Law, Dave Owen, Andy Mergen, Holly Doremus, Charles Wilkinson

Faculty Scholarship

No abstract provided.

The Gender Gap In Startup Catalyst Organizations: Bridging The Divide Between Narrative And Reality, Alice Armitage, Robin Feldman

Faculty Scholarship

No abstract provided.

The Importance Of Institutional Design For Distributed Local-Level Governance Of Groundwater: The Case Of California’S Sustainable Groundwater Management Act, Dave Owen, Michael Kiparsky, Anita Milman, Andrew T. Fisher

Faculty Scholarship

No abstract provided.

The Role Of Human Rights Litigation In Improving Access To Reproductive Health Care And Achieving Reductions In Maternal Mortality, Jennifer Templeton Dunn, Katherine Lesyna, Anna Zaret

Faculty Scholarship

No abstract provided.

Winning The Battle, Losing The War?: Assessing The Impact Of Misclassification Litigation On Workers In The Gig Economy, Veena B. Dubal

Faculty Scholarship

No abstract provided.

Resolving Disputes And Improving Security In Post-Conflict Settings: An Example From Liberia, Jessica Vapnek, Alfred Fofie, Peter Boaz

Faculty Scholarship

Countries emerging from civil conflict in the developing world face numerous challenges that hinder reconstruction and peace building. These hurdles, many of which existed before the war and may have contributed to the civil strife, include poverty, unequal distribution of political and economic power, land disputes and exploitation or exclusion of groups on social, cultural, tribal or religious bases. Liberia emerged from 14 years of conflict in 2003 urgently needing to address many of these concerns, in particular the burgeoning number of land disputes and the looming threat they posed to peace, security and national reconstruction. A joint effort by …

Credible Losers: A Regulatory Design For Prudential Market Discipline, John Crawford

Faculty Scholarship

No abstract provided.

Implicit Bias And Prejudice In Mediation, Carol L. Izumi

Faculty Scholarship

No abstract provided.

The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown

Faculty Scholarship

No abstract provided.

Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional,, Evan Tsen Lee, Lindsay M. Kornegay

Faculty Scholarship

No abstract provided.

A Critique Of Critical Tax Policy Critiques (Or, You've Got To Speak Out Against The Madness), Leo P. Martinez

Faculty Scholarship

No abstract provided.

Théorie Du Droit. Principles Of Legal Commoning, Ugo Mattei, Alessandra Quarta

Faculty Scholarship

No abstract provided.

Auctions, Taxes, And Air, Dave Owen

Faculty Scholarship

No abstract provided.

Little Streams And Legal Transformations, Dave Owen

Faculty Scholarship

No abstract provided.

The Importance Of Institutional Design For Distributed Local-Level Governance Of Groundwater: The Case Of California’S Sustainable Groundwater Management Act, Dave Owen, Michael Kiparsky, Anita Millman, Andrew T. Fisher

Faculty Scholarship

No abstract provided.

Reliance On Nonenforcement,, Zachary S. Price

Faculty Scholarship

No abstract provided.

Decoupling Vaccine Laws, Dorit Rubenstein Reiss

Faculty Scholarship

No abstract provided.

Tax Compliance In A Decentralizing Economy, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Predicting Stream Vulnerability To Urbanization Stress With Bayesian Network Mode, Dave Owen, Kristen K. Weil, Christopher S. Cronen, Spencer R. Meyer, Robert J. Lilieholm, Thomas J. Danielson, Leonidas Tsomides

Faculty Scholarship

No abstract provided.

Youth Incarceration, Health, And Length Of Stay, Thalia Gonzalez

Faculty Scholarship

For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often exceed evidence-based timelines, as well as a state’s own guidelines and criteria. This occurs despite a large and growing body of empirical research that documents the health status of system-involved youth and the association between incarceration during adolescence and the range of subsequent health and mental health outcomes in adulthood. …

Discovering Forensic Fraud, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

This Essay posits that certain structural dynamics, which dominate criminal proceedings, significantly contribute to the admissibility of faulty forensic science in criminal trials. The authors believe that these dynamics are more insidious than questionable individual prosecutorial or judicial behavior in this context. Not only are judges likely to be former prosecutors, prosecutors are “repeat players” in criminal litigation and, as such, routinely support reduced pretrial protections for defendants. Therefore, we argue that the significant discrepancies between the civil and criminal pretrial discovery and disclosure rules warrant additional scrutiny. In the criminal system, the near absence of any pretrial discovery means …

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

Faculty Scholarship

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …

Inequality Rediscovered, David Singh Grewal, Jedediah S. Purdy

Faculty Scholarship

Widespread recognition that economic inequality has been growing for forty years in most of the developed world, and in fact has tended to grow across most of the history of modern economies, shows that the period 1945-1973, when inequality of wealth and income shrank, was a marked anomaly in historical experience. At the time, however, the anomalous period of equality seemed to vindicate a long history of optimism about economic life: that growth would overcome meaningful scarcity and usher in an egalitarian and humanistic period that could almost qualify as post-economic. This has not been the experience of the last …

Closets, Standards, Abortion: A Reply To Professor Pozen, Carol Sanger

Faculty Scholarship

I am grateful for David Pozen's thoughtful observations regarding About Abortion. They have sharpened my understanding of how to think about the problem of abortion – or more accurately, about how abortion is kept problematic – as a matter of law and of social practice. I invoke the word "problematic" to describe the cultural setting in which abortion sits: although the procedure is legal, common, and safe, it is often treated as though it were not legal, or barely so; not common, except perhaps for women and girls who have nothing to do with you; and not at all …

Arbitration As Wealth Transfer, Deepak Gupta, Lina M. Khan

Faculty Scholarship

Over the last few decades, the Supreme Court has steadily expanded the reach of forced arbitration clauses – clauses that companies embed in the fine print of standard-form contracts to deny consumers and workers the right to band together to sue those corporations in court. While the Court’s decisions that set this trend in motion trace back to the 1980s, the real game changers have been more recent: 2010’s Rent-A-Center v. Jackson, holding that arbitration clauses must be enforced even when they are part of an illegal contract; 2011’s AT&T Mobility v. Concepcion, granting companies the unfettered right …

Market Power And Inequality: The Antitrust Counterrevolution And Its Discontents, Lina M. Khan, Sandeep Vaheesan

Faculty Scholarship

In recent years, economic inequality has become a central topic of public debate in the United States and much of the developed world. The popularity of Thomas Piketty’s nearly 700-page tome, Capital in the Twenty-First Century, is a testament to this newfound focus on economic disparity. As top intellectuals, politicians, and public figures have come to recognize inequality as a major problem that must be addressed, they have offered a range of potential solutions. Frequently mentioned proposals include reforming the tax system, strengthening organized labor, revising international trade and investment agreements, and reducing the size of the financial sector.

One …