Law Commons^™

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UC Law SF Communications and Entertainment Journal

No abstract provided.

New Problem, Same Old Ecpa: Facebook, Inc. V. State Of New Jersey And The Electronic Communications Privacy Act’S Growing Inadequacy, Austin Fauni

UC Law SF Communications and Entertainment Journal

No abstract provided.

One Step Forward Or Two Steps Back For The Music Industry: Analyzing The Statutory And Practical Issues In Title I Of The Music Modernization Act, Gabriel Ross

UC Law SF Communications and Entertainment Journal

No abstract provided.

Adopting A Solution To Copyright’S Orphan Works Problem, Kylie Arman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Proving Actionable Racial Disparity Under The California Racial Justice Act, Colleen V. Chien, W. David Ball, William A. Sundstrom

UC Law Journal

Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically significant disparities—do not establish an equal protection violation without a showing of “purposeful discrimination.” The California Racial Justice Act (CRJA), enacted in 2020 and further amended in 2022, introduced a first-of-its-kind test for actionable racial disparity even in the absence of a showing of intent, allowing for relief when the “totality of the evidence demonstrates a significant difference” in charging, conviction, or sentencing across racial groups when compared to those who are “similarly situated” …

Comparing Reasons For Hate Crime Reporting Using Racialized Legal Status, Pamela Ho

UC Law Journal

In the past decade, Latinxs and Asians in the United States have experienced an increase in hate crime victimization. Previous research has identified correlations between hate crime reporting and race. However, few statistical studies examine the intersection of race, immigration status, and hate crime reporting. This Note explores how racialized legal status applies to Latinx and Asian communities respectively and how racialized legal status affects a hate crime victim’s decision to report the crime to police. This Note then sets forth some recommendations for increasing hate crime reporting rates by Latinx and Asian victims.

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

UC Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

UC Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …

Masthead

UC Law Journal

No abstract provided.

Pricing Corporate Governance, Albert H. Choi

UC Law Journal

Scholars and practitioners have long theorized that by penalizing firms with unattractive governance features, the stock market incentivizes firms to adopt the optimal governance structure at their initial public offerings (IPOs). This theory, however, does not seem to match with practice. Not only do many IPO firms offer putatively suboptimal governance arrangements, such as staggered boards and dual-class structures, but these arrangements have been gaining popularity among IPO firms. This Article argues that the IPO market is unlikely to provide the necessary discipline to incentivize companies to adopt the optimal governance package. In particular, when the optimal governance package differs …

Restraining Chatgpt, Roee Sarel

UC Law Journal

ChatGPT is a prominent example of how Artificial Intelligence (AI) has stormed into our lives. Within a matter of weeks, this new AI—which produces coherent and humanlike textual answers to questions—managed to become an object of both admiration and anxiety. Can we trust generative AI systems, such as ChatGPT, without regulatory oversight?

Designing an effective legal framework for AI requires answering three main questions: (i) is there a market failure that requires legal intervention?; (ii) should AI be governed through public regulation, tort liability, or a mixture of both?; and (iii) should liability be based on strict liability or a …

Public Enforcement And Disability: A United States-South Korea Comparison, Joonghan (Joseph) Jo

UC Law Journal

The Americans with Disabilities Act (ADA) was enacted with the hope that it would solve issues regarding discrimination against the disabled. However, the outcome fell short of its aspirations. Many people with disabilities still suffer from ongoing discrimination. This Note argues that the ADA’s heavy reliance on private enforcement is the main reason for this shortcoming. This Note analyzes the effectiveness of public enforcement in South Korea under the Act on the Prohibition of Discrimination Against Persons with Disabilities, Remedy Against Infringement of Their Rights (Korean Disability Discrimination Act. This Note then argues that civil law country-style public enforcement based …

“It’S Like I’Ve Got This Music In My Mind”: Protecting Human Authorship In The Age Of Generative Artificial Intelligence, Justine Magowan

UC Law Journal

The music industry stands on the brink of a crisis. With unpredictable judicial standards that are inconsistent across the country, plaintiffs seeking to protect their musical works against copyright infringement face a heavy burden of proof, especially when facing defendants who are more wellknown and more well-funded. Not only that, but plaintiffs may not receive their day in court given that powerhouse artists like Taylor Swift, Sam Smith, and Bruno Mars have chosen to settle rather than defend their musical works in court. Now, Generative Artificial Intelligence (“Generative A.I.”) and A.I.-generated music will inevitably send the music industry into a …

Religious Liberty As A Judicial Autoimmune Disorder: The Supreme Court Repudiates Its Own Authority In Kennedy V. Bremerton School District, Andrew Koppelman

UC Law Journal

No abstract provided.

Governmental And Semi-Governmental Federal Charitable Entities, Ellen P. Aprill

UC Law Journal

The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous federal agencies have statutory authority to receive tax-deductible charitable deductions. Their ability to do so, however, undermines the oversight accomplished through the constitutionally mandated appropriations process. Congress has also created many nonprofit tax-exempt organizations. These entities enjoy flexibility as to fundraising, investment, and spending that government agencies lack. However, they avoid the accountability that various federal statutes impose on government agencies, on the one hand, and that state nonprofit laws accomplish for private nonprofit organizations, on …

Interstate Immunity And The Uncompleted Constitution, Mark D. Rosen

UC Law Journal

In a recent decision, the Supreme Court held that “the founding generation took as a given” that states would be constitutionally immune to suit in the courts of sister states, overruling an earlier ruling that interstate immunity is governed by state law. This Article rejects both approaches, showing that interstate immunity was unaddressed by the original Constitution and the Eleventh Amendment. But though interstate immunity is what this Article calls a “constitutional omission,” what ultimately fills it must be federal law. Filling in a constitutional omission necessarily requires a choice among options—what philosophers call an exercise of agency. But the …

“Engines Of The Ruling Party”: The Establishment Clause And The Power Politics Of “Managing Diversity”, Robert A. Destro

UC Law Journal

No abstract provided.

The New Fourth Era Of American Religious Freedom, John Witte Jr., Eric Wang

UC Law Journal

The U.S. Supreme Court has entered decisively into a new fourth era of American religious freedom. In the first era, from 1776 to 1940, the Court largely left governance of religious freedom to the individual states and did little to enforce the First Amendment Religion Clauses. In the second era, from 1940 to 1990, the Court “incorporated” the First Amendment into the Fourteenth Amendment Due Process Clause and applied both a strong Free Exercise Clause and a strong Establishment Clause against federal, state, and local governments alike. In the third era, from the mid-1980s to 2010, the Court softened the …

Masthead

UC Law Journal

No abstract provided.

The Remains Of The Establishment Clause, Ira C. Lupu, Robert W. Tuttle

UC Law Journal

The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress may not enact laws respecting an establishment of religion—in particular, acts of worship, religious instruction, or proselytizing. A pluralist, liberal democracy requires separation of civil government from these distinctively religious activities. From the middle of the twentieth century until Justice O’Connor’s retirement in 2005, the Supreme Court energetically animated that principle of distinctiveness. In a series of decisions in the last decade, however, the Court has upended its longstanding approach to what is distinctive about religion in constitutional law. Notably, this process of change has …

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo

UC Law SF International Law Review

No abstract provided.

Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?, Ilias Bantekas

UC Law SF International Law Review

Central to our understanding of sovereignty should be the competence of states to determine how their debts are restructured or denounced when the debts considered are odious or illegal. Sovereignty, in this sense, is tantamount to self-determination and the corresponding obligations of states that are absent on the part of creditors when entering into a debt agreement or restructuring process. States owe duties under international law to their own people. Hence, the sanctity of international agreements, whether treaties or contracts, entered by states cannot override these compelling and humancentered state obligations. Otherwise, such agreements would be valued more than human …

Extraterritorial Application Of Antitrust Law, International Comity, And Scope Of Remedies: Considering The Nature Of The Product And Service In Addition To The Effect In The Relevant Market, Annie Soo Yeon Ahn

UC Law SF International Law Review

This Article proposes that the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be closely considered for analyzing international comity and deciding the scope of remedies in antitrust cases. These factors should be considered in addition to the effect in the relevant market when determining whether there is an extraterritorial application of antitrust law under the Foreign Trade Antitrust Improvements Act. Specifically, the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be …

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Nicholas Keenan, Senya Merchant, Clara Lane

UC Law Business Journal

No abstract provided.

Breaking Up Mergers After The Fact: Opportunities And Problems, Stanley M. Besen, Philip L. Verveer

UC Law Business Journal

Antitrust authorities in both the United States and Europe have recently shown an increased interest in reviewing past mergers with the objective of possibly requiring mergers to be undone if they turned out to be anticompetitive. In this Article, we reach five main conclusions. First, analyzing the effects of past mergers is unlikely to be straightforward because it will be difficult to disentangle the competitive effects of a merger from other factors in the markets served by the merged firms. Second, even divestitures that were required before mergers had been consummated were complicated to bring about and there is evidence …

Google, I Mean Big Brother, Is Always Listening, Justin Silverberg

UC Law Business Journal

Between the Google Assistant and Amazon Alexa, nearly 1 billion people around the world use personal assistant devices daily. These devices are able to store information from our private conversations in order to make the devices more user friendly by targeting advertisements that relate to our interests. But what happens if our private conversations are stored for more than the above-mentioned purposes? This paper will examine a series of hypotheticals which involve devices, such as the Google Assistant, specifically relating to the devices’ audio recording capabilities. Not only will this paper point out the gaps in our current insider trading …

You Gotta Serve Somebody - Shareholders Vs Stakeholders And The Corporate Enterprise View Of Corporate Governance, Neil Taylor

UC Law Business Journal

No abstract provided.