Digital Commons Network^™

Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

Faculty Scholarship

No abstract provided.

Regulating Bankruptcy Bonuses, Jared A. Ellias

Faculty Scholarship

No abstract provided.

The Fatal Attraction Of Pay-For-Delay, Robin Feldman, Prianka Misra

Faculty Scholarship

No abstract provided.

A Tax Professor’S Guide To Formative Assessment, Heather M. Field

Faculty Scholarship

No abstract provided.

Tax Lawyers As Tax Insurance, Heather M. Field

Faculty Scholarship

No abstract provided.

The Burden Of Federalism: Challenges To State Attempts At Controlling Prescription Drug Costs, Jaime S. King, Katherine L. Gudiksen

Faculty Scholarship

No abstract provided.

California Groundwater Management, Science-Policy Interfaces, And The Legacies Of Artificial Legal Distinctions, Dave Owen, Alida Cantor, Nell Green Nylen, Thomas Harter, Michael Kiparsky

Faculty Scholarship

No abstract provided.

Symmetric Constitutionalism: An Essay On Masterpiece Cakeshop And The Post-Kennedy Supreme Court, Zachary S. Price

Faculty Scholarship

No abstract provided.

The Law And Vaccine Resistance, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Hyperlocal Responses To The Salt Deduction Limitation, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Environmental Law. Disrupted, David Takacs

Faculty Scholarship

No abstract provided.

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The New Legislation, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Balanced Liberty: Justice Kennedy's Work In Criminal Cases, Rory K. Little

Faculty Scholarship

No abstract provided.

Artificial Intelligence In The Health Care Space: How We Can Trust What We Cannot Know, Robin Feldman, Ehrik Aldana, Kara Stein

Faculty Scholarship

As Al moves rapidly into the health care field, it promises to revolutionize and transform our approach to medical treatment. The black-box nature of AI, however, produces a shiver of discomfort for many people. How can we trust our health, let alone our very lives, to decisions whose pathways are unknown and impenetrable?

As challenging as these questions may be, they are not insurmountable. And, in fact, the health care field provides the perfect ground for finding our way through these challenges. How can that be? Why would we suggest that a circumstance in which we are putting our lives …

Making Money Safe, John Crawford

Faculty Scholarship

No abstract provided.

Beyond Bias In Diversity Jurisdiction, Scott Dodson

Faculty Scholarship

The long-running debate over the propriety and proper scope of diversity jurisdiction as always centered on the traditional justification for diversity jurisdiction: the need to avoid actual or perceived state court bias against out-of-state parties. Supporters of diversity jurisdiction assert that such bias continues to justify diversity jurisdiction, while opponents argue that it does not. This Article argues that both sides have it wrong. Supporters are wrong that out-of-state bias and its perception are sufficient to justify diversity jurisdiction today. Yet opponents are wrong that the lack of bias supports the abolition or extreme restriction of diversity jurisdiction. The problem …

The Sound And Fury Of Patent Activity, Robin C. Feldman, Mark A. Lemley

Faculty Scholarship

No abstract provided.

The Icc And Non-Party States: Consistency And Consensus Revisited, Chimene I. Keitner

Faculty Scholarship

No abstract provided.

Consultants, The Environment, And The Law, Dave Owen

Faculty Scholarship

Conventional wisdom assumes that private-sector businesses will oppose, undermine, or distort government regulation. That assumption also underpins many areas of theoretical inquiry; theorists commonly assume that effective public-law regimes must be protected from the self-interested machinations of businesses, or that such protection is such a lost cause that most public regulation is doomed to fail. This Article investigates a different set of relationships between businesses and regulation. It does so by using the environmental consulting industry, which helps businesses and governments comply with environmental regulations, as a case study. An empirical inquiry into two subfields of the industry reveals that …

Asian Americans And Affirmative Action—Again, Frank Wu

Faculty Scholarship

No abstract provided.

Scattered: The Assimilation Of Sushi, The Internment Of Japanese Americans, And The Killing Of Vincent Chin, A Personal Essay, Frank Wu

Faculty Scholarship

In a personal Essay, Frank H. Wu discusses the acceptance of sushi in America as a means of analyzing the acceptance of Japanese Americans, before, during, and after World War II. The murder of Vincent Chin in Detroit in 1982 is used as a defining moment for Asian Americans, explaining the shared experiences of people perceived as "perpetual foreigners."

The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimene Keitner

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

Between Law And Diplomacy: The Conundrum Of Common Law Immunity, Chimene Keitner

Faculty Scholarship

Drawing the line between disputes that can be adjudicated in domestic (U.S.) courts and those that cannot has perplexed judges and jurists since the Founding Era. Although Congress provided a statutory framework for the jurisdictional immunities of foreign states in 1976, important ambiguities remain. Notably, in 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern suits against foreign officials unless the foreign state is the "real party in interest." This decision clarified, but did not fully resolve, conceptual and doctrinal questions surrounding the immunities of foreign officials whose conduct …

Whose Voices Count In Biodiversity Conservation? Ecological Democracy In Biodiversity Offsetting, Redd , And Rewilding, David Takacs

Faculty Scholarship

Ecological democracy seeks environmentally sustainable ends through broad, active democratic participation. What happens when laws fostering participation in environmental decision-making and biodiversity preservation lead to differing results? What is best for biodiversity may not be what for local citizens believe is best. I examine conflicts and congruencies in the context of Biodiversity Offsetting, REDD+ (Reducing Emissions from Deforestation and forest Degradation), and the Rewilding movement. I ask questions that are legal (Who has what legal rights to speak for or against programs that enhance biodiversity?), epistemological (Whose expertise and knowledge matters when scientists and non-scientists don’t agree?), axiological (Are some …

Legal And Policy Responses To Vaccine-Preventable Disease Outbreaks, Leila Barraza, Dorit R. Reiss, Patricia Freeman

Faculty Scholarship

No abstract provided.

A Common Law Perspective On The Supreme Court And Its Functions, Richard L. Marcus

Faculty Scholarship

The text presents different attributes of the Supreme Court in common law and civil law systems. The author claims that the question of design and function of a supreme court, while important, is no more significant than the issue of its institutional status and evolution, i.e. something one could refer to as “legal culture”. Neither the “common law camp”, nor the “civil law camp” turns out to be monolithic in this regard. The distinctive history of the US Supreme Court is presented through the perspective of its statutory and procedural supremacy, as well as its power of constitutional adjudication. The …

Health Equity, School Discipline And Restorative Justice, Thalia Gonzalez, Alexis Etow, Cesar De La Vega

Faculty Scholarship

No abstract provided.

Evidence On Fire, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

Fire science, a field largely developed by lay “arson investigators,” police officers, or similar first responders untrained in chemistry and physics, has been historically dominated by unreliable methodology, demonstrably false conclusions, and concomitant miscarriages of justice. Fire investigators are neither subject to proficiency testing nor required to obtain more than a high school education. Perhaps surprisingly, courts have largely spared many of the now- debunked tenets of fire investigation any serious scientific scrutiny in criminal arson cases. This Article contrasts the courts’ ongoing lax admissibility of unreliable fire-science evidence in criminal cases with their strict exclusion of the same flimsy …

Opioid Multidistrict Litigation Secrecy, Jennifer D. Oliva

Faculty Scholarship

No abstract provided.

Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

e third piece in a trilogy that examines and evaluates the standards that American co e proffered by prosecutors in criminal trials. The first two articles in the trilogy expose the criminal courts’ on-going practice of admitting false forensic evidence that is virtually always excluded in civil cases. They also advance a panoply of procedural and evidentiary solutions aimed at reforming this legally unviable discrepancy. Those solutions are court-centric insofar as they advocate for, among other things, open and early criminal discovery, pre-trial Daubert hearings to challenge evidence and experts, and court-appointment of qualified forensic science experts. This Article takes …