Law Commons^™

Until The Cages Are Empty: Transgender Criminal Defense As A Necessary Tactic Of Prison-Industrial Complex Abolition, Lark Mulligan

UC Law Journal of Race and Economic Justice

This article is a practical guide in the fight to abolish the prison-industrial complex as well as institutionalized transphobia and cissexism. Focusing specifically on the practice area of criminal defense, this article proposes a model that must be replicated across jurisdictions wherever transgender people are criminalized. By instituting an interdisciplinary team approach that is non-hierarchical, strengths-based, trauma-informed, community focused, holistic, harm-reductionist, and abolitionist, practitioners will find their role in this movement as one of consensus building, knowledge sharing, community empowerment, institutional navigation, and access distribution. As discrimination and violence against trans people continues to rise, practitioners must learn to not …

Racial Privacy I: The Quest For Whiteness By European Immigrants In America, Najarian R. Peters

UC Law Journal of Race and Economic Justice

Privacy law scholars have disregarded and under-theorized racial privacy practices, meaning racial/ethnic passing, in the United States of America. This article is a defining first step in conceptualizing racial passing as an indispensable privacy protection practice, that affirmed the following individual and group privacy rights of European immigrants, who became White in America: (1) the right to be let alone, (2) the right to erasure of stigmatized racial identity, and inherent in that right, (3) the right to forget an assigned racial identity, burdened by socio-economic deprivation and predation. Whiteness was required to access citizenship for the vast majority of …

The Joy And Privilege Of Social Justice Lawyering: Fulfillment Through Integrating Work And Life, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

No abstract provided.

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

Foreword, Grace Perez

UC Law Journal of Race and Economic Justice

No abstract provided.

The Political Economy Of Fashion Sustainability Regulation, Meital Peleg Mizrachi, Rachel Chambers

UC Law Business Journal

The global fashion industry is one of the world’s most polluting and exploitative sectors, emitting more greenhouse gases than all international flights and maritime shipping combined, driving extensive water contamination and waste, and relying on labor conditions that remain chronically unsafe and underpaid. Regulation has attempted to respond, but with limited success. Existing sustainability oversight—ranging from import bans and human rights due diligence statutes to environmental taxes and voluntary industry frameworks—remains fragmented and unevenly enforced, shaped by geopolitical tensions, protectionist agendas, and shifting policy priorities. This Article reviews the rapidly evolving landscape of fashion sustainability regulation over the past decade …

Completely Abandon Complete Auto: Why Modern Tax Policy Challenges Require Removing The Commerce Clause’S Restrictions On State Taxation, Peter Nielsen

UC Law Business Journal

The Complete Auto four-prong test is the modern analytical framework for courts to analyze whether a state-level tax discriminates against interstate commerce in violation of the Dormant Commerce Clause. The test asks whether (i) the taxpayer has substantial nexus to the taxing state, (ii) the tax is fairly apportioned to reflect the taxpayer’s activities in the state, (iii) the tax discriminates against interstate economic activity in favor of local activity, and (iv) the tax is fairly related to the goods and services provided by the state. The Complete Auto test faces critiques from both judges and scholars for its inconsistent …

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Jonathan Engelmann, Audrey Nguyen

UC Law Business Journal

No abstract provided.

After The “Partner Run”: The Dewey & Leboeuf Diaspora, Andrew Granato

UC Law Business Journal

“Partner runs”—mass, near-instantaneous departures of partners from distressed law firms—are a distinctive feature of the American legal profession, produced by an interaction of legal ethics rules, partnership governance, and bankruptcy law. A partner run means that even large and profitable law firms can abruptly liquidate. Given this fragility, it is urgent to learn: do partner runs and the governance law that enables them impose lasting harm on the legal profession by permanently damaging the careers of the lawyers caught in them?

This Article provides the first comprehensive empirical examination of this issue using the 2012 bankruptcy of Dewey & LeBoeuf, …

How The Dma Obligations Model Fails To Protect Online Markets’ Contestability And Proposals For Reform, Dermot Cahill, Jing Wang

UC Law Business Journal

This Article makes a significant contribution to the debate on whether the model underpinning the much-heralded European Union Digital Market Act (“DMA”) can provide a comprehensive level of protection against online gatekeepers’ abusive practices and achieve the DMA’s proclaimed ambition to protect online markets’ contestability in the digital space. To illustrate model-failure, key European Commission (“Commission”) enforcement decisions in the years leading up to the DMA’s enactment are examined to show less than optimal outcomes were achieved by the Commission’s attempts to grapple with gatekeepers’ anti-competitive exclusionary practices. The Authors proceed to demonstrate how the DMA’s “obligations list” model will …

California (+6.5) Vs. Sportsbooks: Cooperative Federalism & The Future Of Sports Gambling In California, Kyle Geffon

UC Law Business Journal

No abstract provided.

No Cuts: How Hayao Miyazaki Highlights The United States’ Inadequacy In Protecting Foreign Authors’ Integrity, Bridget Johns

UC Law SF Communications and Entertainment Journal

Although the United States joined the Berne Convention in 1989, U.S. copyright law reflects a restricted approach to moral rights protection. Unlike many Berne signatories, the U.S. largely frames copyright as an economic right rather than as a way to protect artistic integrity. Japanese law, by contrast, treats moral rights as central to creative work protections, emphasizing the importance of the work’s dignity and author’s intent. This incongruity has significant consequences in the globalized era, particularly when foreign works are distributed within the U.S. Weak statutory moral rights protections leave authors vulnerable to misattribution and distortion without meaningful recourse. This …

What The Court Tells Reporters: A Discourse Analysis Of Press Interviews With The Justices Since 2000, Brown James

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States is among the most influential institutions in American life, yet it is also well known to be one of the most secluded and inaccessible. By and large, the justices only pass their thoughts and decision-making processes to the public via their official written opinions, and seldom grant interviews to reporters. General press coverage of the Court has been given considerable scholarly attention, but the limited interviews the justices grant to the press receive comparatively little attention. This article examines those interviews by analyzing 82 press interviews with active and retired justices from 2000 …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Copyright In Film Adaptations: Protecting Moral Rights In The Age Of The Internet, Amanda Mell

UC Law SF Communications and Entertainment Journal

No abstract provided.

Mama Meant To Make You Cry: Who Protects Children From Their Parents’ Social Media Rage Bait?, Danya Hajjaji

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law Science and Technology Journal

No abstract provided.

Lessons Learned From The Gemini.Com Ipo, Lawrence J. Trautman

UC Law Science and Technology Journal

On August 15, 2025, Gemini Space Station, Inc. filed a registration statement on Form S-1 with the U.S. Securities and Exchange Commission (SEC) contemplating the offering of up to 16,666,667 shares of Common Stock. After receiving comments from the Commission and the additional filing of amendments to the prospectus, the offering of about 15.2 million shares was priced before market opening on September 12, 2025, at $28 per share. Gemini’s “shares opened at $37.01 . . . at which it raised $425 million,” valuing the Company at $4.4 billion. Gemini’s disclosure documents provide an excellent description of the many new …

“It Wasn’T Me”: The Right Of Publicity In The Age Of Generative Ai, Erin Mcguinness

UC Law Science and Technology Journal

No abstract provided.

Liability Standards In Autonomous Robotic Surgery, Hee Jung Cho

UC Law Science and Technology Journal

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Foreword, Marlene Coss

UC Law Constitutional Quarterly

No abstract provided.

Nondelegation In Winter (Again), David Zaring

UC Law Constitutional Quarterly

Last term, the Supreme Court – these days thought to be intensely interested in reviving a formalist separation of the branches of government – has finally abandoned the quintessence of that project, a revitalization of the nondelegation doctrine. This essay argues that the Court’s decision in FCC v. Consumers’ Research reflects a pragmatic turn: rather than rewriting the test for nondelegation, the Court retained the old test, gave up on formalist reform, and indicated that it will be looking elsewhere for separation of powers remedies. The result is a jurisprudence that remains formally attached to its precedents while embracing the …

The Supreme Court’S New Map Of Federalism, Stephen M. Griffin

UC Law Constitutional Quarterly

No abstract provided.

The American Samoan Oxymoron: The Noncitizen National And The Meaning Of Citizenship, Craig R. Shagin, Delaram Rezaeikhonakdar

UC Law Constitutional Quarterly

This article examines the legal distinction between U.S. citizens and noncitizen nationals, with a particular focus on American Samoa. While residents of other U.S. territories—such as Guam, Puerto Rico, and the U.S. Virgin Islands—are granted U.S. citizenship by legislation, American Samoa remains the only unincorporated U.S. territory whose inhabitants are recognized as nationals but not citizens. This distinction results in significant political disabilities for American Samoans even when residing in a state, as they may not vote, hold public office, or serve on juries. The article argues that there is no substantive distinction between “citizen” and “noncitizen national” beyond the …

The Florida “Educational” And Employer Censorship Statutes: Constitutional Challenges, Joel E. Davidson

UC Law Constitutional Quarterly

No abstract provided.

Originalism Chokes: The 2024 Trump Cases, Lawrence Rosenthal

UC Law Constitutional Quarterly

By 2024, a majority of the Justices of the Supreme Court had expressed the view that to be legitimate, constitutional adjudication must be based on the original meaning of the Constitution’s text. Anything else, these Justices have argued, is illegitimate judicial policymaking. Yet, in what were likely the two most critical and high-profile cases decided in 2024, the Court, including its avowedly originalist Members, made no use of originalism. In the first case, the Court faced the question whether a State could bar President Trump from running for President under Section 3 of the Fourteenth Amendment. In the second, the …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Editor-In-Chief's Foreword, Marlene Coss

UC Law Constitutional Quarterly

No abstract provided.