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Full-Text Articles in Law
Separating Fact From Fiction: The First Amendment Case For Addressing “Fake News” On Social Media, Michael K. Park
Separating Fact From Fiction: The First Amendment Case For Addressing “Fake News” On Social Media, Michael K. Park
UC Law Constitutional Quarterly
“Fake news” or disinformation that appropriates the look and feel of real news stories continues to spread across social networks, suppressing informed dialogue and sowing civil discord. After revelations that influential media websites like Facebook and Twitter were used to spread fake news during the 2016 presidential election, these companies vowed to take remedial action, but have failed to contain the spread of fake news. This essay makes the case that First Amendment principles mandate that the government has a duty to preserve democratic deliberation and democratic decision-making institutions, even if that means overriding private interests. It explores some prospective …
Judges Of Color: Examining The Impact Of Judicial Diversity In The Equal Protection Jurisprudence Of The United States Court Of Appeals For The Ninth Circuit, Kristine L. Avena
Judges Of Color: Examining The Impact Of Judicial Diversity In The Equal Protection Jurisprudence Of The United States Court Of Appeals For The Ninth Circuit, Kristine L. Avena
UC Law Constitutional Quarterly
From slavery to civil rights to affirmative action, America’s history has been plagued with the issue of race. The federal bench is no exception. For almost two centuries, the highest court of the nation did not represent the public that it served. This Note aims to determine how the presence of minority judges on the United States Court of Appeals for the Ninth Circuit impacts Equal Protection doctrine. This Note shows that a Ninth Circuit judge’s race is important in providing procedural and substantive contributions to the federal bench. Diverse judges use their life experiences to ensure that every person …
The Unofficial Federal Officer, Megan M. Mclaughlin
The Unofficial Federal Officer, Megan M. Mclaughlin
UC Law Constitutional Quarterly
Most people can state who the first lady is, but no one can clearly explain what the first lady is. This silence, which stretches across all three branches of government, speaks volumes and leaves the first lady’s official constitutional status as an open question. Most discussions of this matter arose during the Clinton presidency in the context of Hillary Rodham Clinton’s role in her husband’s administration. The few legal academics who touched on the topic then have not revisited it despite the changing political and social landscape. This paper explores how the evolution of first ladies has made the legal …
The Putative Problem Of Pestersome Paupers: A Critique Of The Supreme Court’S Increasing Exercise Of Its Power To Bar The Courthouse Doors Against In Forma Pauperis Petitioners, Jared S. Sunshine
UC Law Constitutional Quarterly
The Supreme Court has increasingly adopted the practice of categorically and prospectively barring its more prolific petitioners from proceeding in forma pauperis—that is, without paying a filing fee. The optics of closing the courtroom doors to those who cannot afford to pay are not particularly seemly; nonetheless, the Court has persevered in and expanded this practice dramatically over the years. In the beginning, however, the Court grappled thoughtfully with the wisdom of this practice in a series of disputatious decisions. The article revisits these arguments in light of American tradition and legal precedent of unfettered access to the courts and …
The Outrageous Government Conduct Defense: An Interpretive Argument For Its Application By Scotus, Eve A. Zelinger
The Outrageous Government Conduct Defense: An Interpretive Argument For Its Application By Scotus, Eve A. Zelinger
UC Law Constitutional Quarterly
The U.S. Supreme Court has held that the Due Process Clause protects defendants from Outrageous Government Conduct (“OGC”) via the OGC defense, but the Court has not yet been presented with a set of facts it believes warrants its application. As a result, the Court has not set forth such criteria for application of the OGC defense, leaving the lower courts to apply their own standards. While some critics contend there is no use for the OGC defense due to the availability of the entrapment defense, this Note will uncover why this is not the case. More specifically, this Note …
The President’S Role In The Administrative State: Rejecting The Illusion Of “Political Accountability”, Kevin Bohm
The President’S Role In The Administrative State: Rejecting The Illusion Of “Political Accountability”, Kevin Bohm
UC Law Constitutional Quarterly
Direct presidential control of executive agencies is a contentious issue in administrative law. This note first presents an overview of Constitutional basics, before exploring the unique twist on traditional presidential control theories that now-Justice Elena Kagan proposed in her 2001 article “Presidential Administration.” Kagan’s justification for enhanced presidential control rests a novel statutory interpretation perspective and the notion that the President is uniquely qualified to impose his will on agency decision-making as he is politically accountable to the American electorate at-large. This note highlights the criticisms, from other prominent academics in the field, of relying on political accountability to justify …
No “Market” For Truth: The Weaknesses Of Free Speech-Based Defenses To Credit Rating Industry Liability, Andy Carr
UC Law Constitutional Quarterly
Credit rating agencies are essential components of the global financial systems. The major CRAs primarily serve the financial systems as “gatekeepers,” in that their ratings determine whether a financial instrument is “investment grade” under federal and state laws, and as information-facilitators for the complicated instruments being bought and sold within the system. Because of their systemic significance, CRAs faced especially harsh scrutiny in the aftermath of the financial crisis and Great Recession a decade ago. Initial public scrutiny was followed by waves of litigation which resurfaced long-dormant questions about the CRAs’ exposure to liability and decades-old defenses of their rating …
Tax Law: The Ethics Of Tax Lawyering, Heather M. Field
Tax Law: The Ethics Of Tax Lawyering, Heather M. Field
The Judges' Book
No abstract provided.
Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena B. Dubal
Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena B. Dubal
The Judges' Book
No abstract provided.
Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran
Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran
The Judges' Book
No abstract provided.
Foreword, Lawrence J. O’Neill Hon.
Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn
Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn
The Judges' Book
No abstract provided.
Introduction, David Faigman
Constitutional Law: Reliance On Nonenforcement, Zachary S. Price
Constitutional Law: Reliance On Nonenforcement, Zachary S. Price
The Judges' Book
No abstract provided.
Civil Procedure: Jurisdiction And Its Effects, Scott Dodson
Civil Procedure: Jurisdiction And Its Effects, Scott Dodson
The Judges' Book
No abstract provided.
Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram
The Judges' Book
No abstract provided.
Environmental Law: Little Streams And Legal Transformations, Dave Owen
Environmental Law: Little Streams And Legal Transformations, Dave Owen
The Judges' Book
No abstract provided.
Health Law: Protecting Children When Parents Choose Not To Vaccinate, Dorit Rubinstein Reiss
Health Law: Protecting Children When Parents Choose Not To Vaccinate, Dorit Rubinstein Reiss
The Judges' Book
No abstract provided.
Civil Procedure: Managing Class-Action Conflicts, Morris Ratner
Civil Procedure: Managing Class-Action Conflicts, Morris Ratner
The Judges' Book
No abstract provided.
Patent Law: Empirical Evidence Of Drug Pricing Games— A Citizen’S Pathway Gone Astray, Robin Feldman
Patent Law: Empirical Evidence Of Drug Pricing Games— A Citizen’S Pathway Gone Astray, Robin Feldman
The Judges' Book
No abstract provided.
Corporate Law: If It Acts Like A Bank, Regulate It Like A Bank, John Crawford
Corporate Law: If It Acts Like A Bank, Regulate It Like A Bank, John Crawford
The Judges' Book
No abstract provided.
Judging And Mindfulness: How To Use Mindfulness To Improve Judging And Reduce Bias, Clark Freshman
Judging And Mindfulness: How To Use Mindfulness To Improve Judging And Reduce Bias, Clark Freshman
The Judges' Book
No abstract provided.
Appendix: Notable Faculty Scholarship In 2017
Consumer Privacy In A Behavioral World, Ignacio N. Cofone, Adriana Z. Robertson
Consumer Privacy In A Behavioral World, Ignacio N. Cofone, Adriana Z. Robertson
UC Law Journal
No abstract provided.
Gerrymandering And Conceit: The Supreme Court’S Conflict With Itself, Mckay Cunningham
Gerrymandering And Conceit: The Supreme Court’S Conflict With Itself, Mckay Cunningham
UC Law Journal
No abstract provided.
Unmothering Black Women: Formula Feeding As An Incident Of Slavery, Andrea Freeman
Unmothering Black Women: Formula Feeding As An Incident Of Slavery, Andrea Freeman
UC Law Journal
No abstract provided.
“Innocence” And The Guilty Mind, Stephen F. Smith
“Innocence” And The Guilty Mind, Stephen F. Smith
UC Law Journal
No abstract provided.
California’S New Law Will Fail To Address The Larger Problem Of Brady Violations, Christina E. Urhausen
California’S New Law Will Fail To Address The Larger Problem Of Brady Violations, Christina E. Urhausen
UC Law Journal
No abstract provided.
The Spider’S Parlor: Government Malware On The Dark Web, Kaleigh E. Aucoin
The Spider’S Parlor: Government Malware On The Dark Web, Kaleigh E. Aucoin
UC Law Journal
No abstract provided.