Law Commons^™

The De-Criminalization Of Homelessness, Seth Lemings

UC Irvine Law Review

No abstract provided.

Trusting Marriage, Allison Tait

UC Irvine Law Review

Marriage settlements are back. Complex trusts intended to protect family fortunes were once the centerpiece of wedding planning and family negotiations. In more modern times, these trust-based settlements ceded their popularity to premarital contracting and the prenuptial agreement. But in recent years, new trust forms with unprecedented asset protection features have prompted a resurgence of trust usage in marriage planning. Playing on notions of family money and legacy building, these new trusts function much like their predecessors, except in one noteworthy respect. Conventional trusts have always provided asset protection based on the notion of third-party freedom of disposition. The new …

Delaware’S Retreat From Judicial Scrutiny Of Mergers, Charles R. Korsmo

UC Irvine Law Review

This Article evaluates recent dramatic developments in Delaware law surrounding merger litigation and concludes that they have gone too far in limiting the ability to challenge managerial wrongdoing in the takeover context. The past three years have seen a sea change in merger litigation, brought on by the twin earthquakes of the Delaware Supreme Court’s decision in Corwin v. KKR and the Delaware Court of Chancery’s decision in In re Trulia. Both of these decisions were inspired by a perceived crisis in merger litigation. By 2015, the percentage of economically significant deals challenged by at least one lawsuit had been …

Insulation By Separation: When Dual-Class Stock Met Corporate Spin-Offs, Young Ran (Christine) Kim, Geeyoung Min

UC Irvine Law Review

The recent rise of shareholder engagement has revamped companies’ corporate governance structures so as to empower shareholder rights and to constrain managerial opportunism. The general trend notwithstanding, this Article uncovers corporate spin-off transactions—which divide a single company into two or more companies—as a unique mechanism that insulates the management from shareholder intervention. In a spin-off, the company’s managers can fundamentally change the governance arrangements of the new spun-off company without being subject to monitoring mechanisms, such as shareholder approval or market check. Furthermore, most spin-off transactions enjoy tax benefits. The potential agency problems associated with the managers’ unilateral governance changes …

From Identification To Identity Theft: Public Perceptions Of Biometric Privacy Harms, Matthew B. Kugler

UC Irvine Law Review

Central to understanding biometric privacy is the question of biometric privacy harms. How much do people value biometric privacy, and what evils should biometric privacy laws seek to avert? This Article addresses these questions by surveying two nationally representative samples to determine what does, and does not, worry people in the context of biometrics. The results show that many people are deeply concerned about biometric privacy in the consumer context, that they are willing to sacrifice real benefits to preserve biometric privacy, and that those who are concerned with biometric privacy attribute their concern to many factors that are not …

Police Privacy, Rachel Moran

UC Irvine Law Review

No abstract provided.

Progressive Property Theory And Housing Justice Campaigns, Brandon M. Weiss

UC Irvine Law Review

Progressive property theory emerged a decade ago to challenge law and economics as the dominant theoretical mode of property law analysis. Offering a fresh look at the rights and obligations of ownership, progressive property theory argues, among other propositions, that property rules and institutions should further the ability of all people to obtain the basic resources necessary to engage in the social and political life of a community.

Meanwhile, housing justice campaigns being waged across the United States, promoting policies like inclusionary zoning and rent control, are frequently met by critics who make theoretical arguments about the fundamental nature of …

Masthead, Mission Statement, And Table Of Contents

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

The Transnational Legal Ordering Of The Death Penalty, Stefanie Neumeier, Wayne Sandholtz

UC Irvine Journal of International, Transnational, and Comparative Law

A transnational legal order (TLO) authoritatively shapes “the

understanding and practice of law” in a specific area of social activity,

involving both state and civil society actors, and linking national, regional,

and international levels. We argue that a TLO has emerged and settled

since 1945 around capital punishment. Our analysis of the death penalty

TLO treats “bottom-up” and “top-down” effects as interconnected,

addresses the creation of legal order at both national and international levels,

and emphasizes the recursivity linking developments at both levels. We trace

the development of death penalty abolition from its origins in the immediate

aftermath of World …

The Strange Career Of The Transnational Legal Order Of Cannabis Prohibition, Ely Aaronson

UC Irvine Journal of International, Transnational, and Comparative Law

There is a crack in everything — that’s how the light gets in

Leonard Cohen, Anthem

In an era often characterized as one of growing convergence of the laws

governing criminal activities in different countries, the issue-area of cannabis

policy undergoes processes of fragmentation and polarization. Some countries

continue to criminalize all forms of medical and recreational uses of

cannabis. Others have sought to “separate the market” for cannabis from

that of other drugs by decriminalizing the possession of small amounts of

marijuana, authorizing its use for medical purposes, and establishing

administrative measures for taxing and regulating the commercial sale …

Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran

UC Irvine Journal of International, Transnational, and Comparative Law

Not a day goes by without a sensationalist report on the travails of modern

slaves, be it the saga of Indian teenagers trafficked into sex work as depicted in the

Hollywood movie Love Sonia, or workers trafficked into the UK’s nail bar and car

wash shops, or the 2018 Global Slavery Index released by the Walk Free

Foundation founded by mining magnate Andrew Forrest which estimates that there

are 40.3 million modern slaves around the world. Anti-slavery groups remind us

that modern slavery afflicts almost everything that we consume on a day-to-day

basis. This includes basic commodities like tea, sugar, …

International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit

UC Irvine Journal of International, Transnational, and Comparative Law

Prison standards are an important element of transnational criminal

justice. This Article shows how legal standards governing prison conditions

emerged at the international and regional levels and considers how,

increasingly, they have gained legitimacy. It then describes how these

standards are applied in a way that contributes to a recognizable

transnational legal order in respect of prison conditions, which has real

impact at the national level. The Article pays close attention to the transfer

of prisoners between states, as a mechanism that operates transnationally

and, in the process, enhances the importance of international prison

standards. It concludes that the benefits …

Anti-Money Laundering: An Inquiry Into A Disciplinary Transnational Legal Order, Terence Halliday, Michael Levi, Peter Reuter

UC Irvine Journal of International, Transnational, and Comparative Law

This Article enquires into the case of one of the most comprehensive,

far-reaching, most deeply penetrating, and most punitive of TLOs: antimoney

laundering. Drawing on an intensive study at a moment when its

governing norms and methodologies of implementation were undergoing

revision and expansion, as well as on observation and participation in

AML/CFT activities over three decades, the Article brings rich empirical

evidence to bear on two theoretical issues. First, despite its seemingly

successful institutionalization, the AML TLO exhibits many deficiencies

and imposes extensive costs on the private and public sectors, and harms

upon the public. Why doesn’t it fail? …

Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory

UC Irvine Journal of International, Transnational, and Comparative Law

To date, “transnational criminal law” has been the dominant

paradigm for explaining and mapping rules on corruption in the

international legal literature. Transnational criminal law is presented as a

system of law descending from multilateral crime control treaties or a field or

order that emerges through international political processes of regime

formation. Transnational criminal lawyers identify and describe cross-border

legal rules, and seek to evaluate them against liberal norms of democratic

governance and individual civil and political human rights. This Article

details the limits of transnational criminal conceptions of “anticorruption”

through a study of proposed changes to Australian laws on …

The Technology Enterprise: Systemic Bias Against Women, Lori Andrews

UC Irvine Law Review

No abstract provided.

Masthead

UC Irvine Law Review

No abstract provided.

The Market For Torts: An Imperfect Alternative, Paul Strickland

UC Irvine Law Review

No abstract provided.

Apparitions In The Theory: How The Sciences Cause Race And Gender To Matter In The Twenty-First Century, Antwann Michael Simpkins

UC Irvine Law Review

No abstract provided.

Table Of Contents

UC Irvine Law Review

No abstract provided.

California’S Nonprofit Hospital Puzzle: Reworking The Jigsaw To Benefit Underserved Communities, Hayley Penan

UC Irvine Law Review

No abstract provided.

Privacy’S Law Of Design, Ari Ezra Waldman

UC Irvine Law Review

No abstract provided.

Wicked Crypto, Alan Z. Rozenshtein

UC Irvine Law Review

No abstract provided.

“Tech:” The Curse And The Cure: Why And How Silicon Valley Should Support Economic Security, Sage Isabella Cammers-Goodwin

UC Irvine Law Review

No abstract provided.

Cnn Coverage Scotus Decline To Expedite Daca

Litigation

No abstract provided.

Justices Reject Expedite Daca

Litigation

No abstract provided.

Dha V Casa De Maryland Motion To Expedite

Litigation

No abstract provided.

Masthead

UC Irvine Law Review

No abstract provided.

Cuban Missile Crisis: How Thirteen Days Changed The World, Edward A. Danielyan

UC Irvine Law Review

Throughout her Negotiation and Mediation course at the University of California, Irvine School of Law, Professor Carrie Menkel-Meadow1 instructed her students to be prudent, diligent, creative and cooperative negotiators. This note is based on an assignment from Professor Menkel-Meadow’s course and is thus subject to inherent limitations in its scope.

As a renowned national and international expert in alternative dispute resolution (ADR), Professor Menkel-Meadow facilitated the growth and frequency of use of ADR in the United States since the late 1970s and early 1980s, and has continued to develop this field of study to present day.

This note focuses on …

Using 42 U.S.C. § 1985(2) To Challenge Dragnet Immigration Enforcement At State Courthouses, Cameron Sheldon

UC Irvine Law Review

Shortly into the Trump presidency in 2017, Immigration and Customs Enforcement (ICE) began to have an active presence at the municipal court in Gardendale, Alabama. When individuals were brought in on minor offenses or violations, court personnel used racial markers such as language and surname to identify them as potential targets for removal. ICE would then close in to interrogate, detain, and deport them in short order. This collaboration between court personnel and ICE was corroborated by documents obtained in response to a 2017 Freedom of Information Act request. Specifically, an email chain in the documents confirmed that ICE had …

Table Of Contents

UC Irvine Law Review

No abstract provided.