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Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Lois A. Weithorn, Dorit Rubenstein Reiss Jan 2015

Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Lois A. Weithorn, Dorit Rubenstein Reiss

Faculty Scholarship

No abstract provided.


A Response To The Ipcc Fifth Assessment, David Takacs Jan 2015

A Response To The Ipcc Fifth Assessment, David Takacs

Faculty Scholarship

No abstract provided.


Do You Have To Keep The Government’S Secrets? Retroactively Classified Documents, The First Amendment, And The Power To Make Secrets Out Of The Public Record, Jonathan Abel Jan 2015

Do You Have To Keep The Government’S Secrets? Retroactively Classified Documents, The First Amendment, And The Power To Make Secrets Out Of The Public Record, Jonathan Abel

Faculty Scholarship

No abstract provided.


Monitoring Youth: The Collision Of Rights And Rehabilitation, Kate Weisburd Jan 2015

Monitoring Youth: The Collision Of Rights And Rehabilitation, Kate Weisburd

Faculty Scholarship

A monumental shift in juvenile justice is underway, inspired by the wide recognition that incarceration is not the solution to youth crime. In its place, “electronic monitoring” has gained widespread support as a new form of judicial control over youth offenders. Supporters herald it as “jail-togo”: a cost-efficient alternative to incarceration that allows youth to be home while furthering rehabilitative and deterrent goals. But despite electronic monitoring’s intuitive appeal, virtually no empirical evidence suggests its effectiveness. Instead, given the realities of adolescent development, electronic monitoring may lead to more harm than good. This Article is the first to examine the …


The Reasonable Use Doctrine In California Water Law And Policy, Brian E. Gray Jan 2015

The Reasonable Use Doctrine In California Water Law And Policy, Brian E. Gray

Faculty Scholarship

The cardinal principle of California water law is that all water rights, and all uses of water, must be reasonable. This seemingly simple and innocuous sentence masks a world of meaning and complexity, however, because the requirement of reasonable use embraces at least four interrelated concepts. The determination of reasonable water use is utilitarian: the law seeks to encourage relatively efficient, economically and socially beneficial uses of the state’s water resources. It is situational: the evaluation of individual reasonable use concerns not only the water right holder’s own uses but also other competing demands (both consumptive and ecological) on the …


The Future Of Polyamorous Marriage Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Leachman Jan 2015

The Future Of Polyamorous Marriage Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Leachman

Faculty Scholarship

No abstract provided.


Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram Jan 2015

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Faculty Scholarship

No abstract provided.


Troubled Waters Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram Jan 2015

Troubled Waters Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram

Faculty Scholarship

No abstract provided.


Defining And Punishing Offenses Against Treaties, William S. Dodge, Sarah H. Cleveland Jan 2015

Defining And Punishing Offenses Against Treaties, William S. Dodge, Sarah H. Cleveland

Faculty Scholarship

No abstract provided.


Race In The Life Sciences: An Empirical Assessment, 1950 - 2000, Osagie K. Obasogie Jan 2015

Race In The Life Sciences: An Empirical Assessment, 1950 - 2000, Osagie K. Obasogie

Faculty Scholarship

The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most notorious applications of biological race-eugenics and the Holocaust-moved scientists away from thinking that race reflects inherent differences and toward an understanding that race is a largely social, cultural, and political phenomenon. This understanding of the evolution of race as a scientific idea informed the way that …


Interdisciplinary Research And Environmental Law, Dave Owen, Caroline Noblet Jan 2015

Interdisciplinary Research And Environmental Law, Dave Owen, Caroline Noblet

Faculty Scholarship

No abstract provided.


Class Counsel As Litigation Funders, Morris A. Ratner Jan 2015

Class Counsel As Litigation Funders, Morris A. Ratner

Faculty Scholarship

No abstract provided.


Introduction: Changing Law For A Changing Climate, David Takacs Jan 2015

Introduction: Changing Law For A Changing Climate, David Takacs

Faculty Scholarship

No abstract provided.


Effective Client Selection In Transactional Clinics, Manoj Viswanathan Jan 2015

Effective Client Selection In Transactional Clinics, Manoj Viswanathan

Faculty Scholarship

No abstract provided.


Reforming Law Schools: A Manifesto, Frank H. Wu Jan 2015

Reforming Law Schools: A Manifesto, Frank H. Wu

Faculty Scholarship

No abstract provided.


The Hidden Life Of Andrew Taslitz, Frank H. Wu Jan 2015

The Hidden Life Of Andrew Taslitz, Frank H. Wu

Faculty Scholarship

No abstract provided.


Is There A "Duty To Read"?, Charles L. Knapp Jan 2015

Is There A "Duty To Read"?, Charles L. Knapp

Faculty Scholarship

The notion that there is in general contract law a "duty to read" persists in the decisions of American courts. This Article explores the general question of what it may mean to say that there is a "duty to read," and concludes by suggesting what role (if any) that doctrine should play in our present-day law of contract. The Article begins by examining various ways in which the "duty to read" is commonly articulated, and compares it to other contract law concepts: the "duty to bargain in good faith" and the "duty to mitigate damages." The Article next considers a …


Right To The City Or Urban Commoning? Thoughts On The Generative Transformation Of Property Law, Ugo Mattei, Alessandra Quarta Jan 2015

Right To The City Or Urban Commoning? Thoughts On The Generative Transformation Of Property Law, Ugo Mattei, Alessandra Quarta

Faculty Scholarship

No abstract provided.


After Amnesties Are Gone: Latin American National Courts And The New Contours Of The Fight Against Impunity, Naomi Roht-Arriaza Jan 2015

After Amnesties Are Gone: Latin American National Courts And The New Contours Of The Fight Against Impunity, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


On The Causes Of Effects Response To Pearl, David Faigman, Philip A. Dawid, Steven E. Feinberg Jan 2015

On The Causes Of Effects Response To Pearl, David Faigman, Philip A. Dawid, Steven E. Feinberg

Faculty Scholarship

No abstract provided.


Exporting The Hearsay Provisions Of The Federal Rules Of Evidence,, Roger C. Park Jan 2015

Exporting The Hearsay Provisions Of The Federal Rules Of Evidence,, Roger C. Park

Faculty Scholarship

No abstract provided.


The Morality Of Law Practice, Geoffrey C. Hazard Jr. Jan 2015

The Morality Of Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Atlantic Marine And The Future Of Party Preference, Scott Dodson Jan 2015

Atlantic Marine And The Future Of Party Preference, Scott Dodson

Faculty Scholarship

No abstract provided.


Patent Demands And Initial Public Offerings, Robin Feldman, Evan Frondorf Jan 2015

Patent Demands And Initial Public Offerings, Robin Feldman, Evan Frondorf

Faculty Scholarship

Quantitative analysis of patent behavior is critical, as congressional and regulatory agencies consider the impact of patent trolling on modern markets. Anecdotal evidence has suggested that “non-practicing entities,” also known as “patent trolls,” specifically target companies for lawsuits, licensing demands, or other monetization activity as firms approach or complete major funding events, such as their initial public offering (IPO). To test this narrative, we survey in-house legal staff at companies that have recently gone public about their exposure to patent demands surrounding their first round of venture capital funding and their IPO. The study is one of the first attempts …


The Moral Hazard Paradox Of Financial Safety Nets, John Crawford Jan 2015

The Moral Hazard Paradox Of Financial Safety Nets, John Crawford

Faculty Scholarship

No abstract provided.


Opportunity-Cost Conflicts In Corporate Law, Abraham J.B. Cable Jan 2015

Opportunity-Cost Conflicts In Corporate Law, Abraham J.B. Cable

Faculty Scholarship

No abstract provided.


Capital Accounts: Bank Capital, Crises, And The Determinants Of An Optimal Regulatory Approach, John Crawford Jan 2015

Capital Accounts: Bank Capital, Crises, And The Determinants Of An Optimal Regulatory Approach, John Crawford

Faculty Scholarship

No abstract provided.


Federalism, First Amendment & Patents: The Fraud Fallacy, Robin Feldman Jan 2015

Federalism, First Amendment & Patents: The Fraud Fallacy, Robin Feldman

Faculty Scholarship

No abstract provided.


The Eye Of The Beholder: Participation And Impact In Telecommunications De(Regulation), Dorit R. Reiss Jan 2015

The Eye Of The Beholder: Participation And Impact In Telecommunications De(Regulation), Dorit R. Reiss

Faculty Scholarship

The California Public Utilities Commission (CPUC) addressed both pricing deregulation and universal service in telecommunications during the last decade. Both decisions had a similar cast of characters and similarly elaborate processes. In relation to price deregulation, the utilities' positions were accepted on every issue addressed; in relation to universal service, consumer organizations’ positions were accepted in about 60 percent of the issues. This article tells the story of how those decisions were made and examines the reasons for the difference in impact. The article examines and rejects an explanation of capture, accepts in part a focus on the influence of …


Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little Jan 2015

Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little

Faculty Scholarship

No abstract provided.