Law Commons^™

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

UC Law Journal of Race and Economic Justice

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article, juxtaposing …

Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld

UC Law Journal of Race and Economic Justice

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is going …

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

UC Law Journal of Race and Economic Justice

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber

UC Law Journal of Race and Economic Justice

Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet the way people search for and buy homes online have changed how steering manifests in real estate transactions. Contemporary practices do not fit neatly within the current legal framework, which is why we must revolutionize the way we think about housing law.

This article examines real estate websites, …

Table Of Contents

The Judges' Book

No abstract provided.

Employment Law: Sexual Harassment Law After The Norm Cascade, Joan C. Williams, Jodi Short

The Judges' Book

No abstract provided.

Notable Faculty Publications In 2019

The Judges' Book

No abstract provided.

Civil Procedure: Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

The Judges' Book

No abstract provided.

Constitutional Law: Symmetric Constitutionalism, Zachary S. Price

The Judges' Book

No abstract provided.

Copyright Law: Statutory Damages In The Digital Age Of Copyright Law, Ben Depoorter

The Judges' Book

No abstract provided.

Foreword, Edward J. Davila The Honorable

The Judges' Book

No abstract provided.

Civil Procedure: Beyond Bias In Diversity Jurisdiction, Scott Dodson

The Judges' Book

No abstract provided.

International Law: Immunities Of Foreign Officials From Civil Jurisdiction, Chimene I. Keitner

The Judges' Book

No abstract provided.

Health Law: Why Anti-Vaccine Claims About Nvicp Cases Are Wrong, Dorit Reiss

The Judges' Book

No abstract provided.

Tort Law: Liability For Anti-Vaccine Misinformation, Dorit Reiss, John Diamond

The Judges' Book

No abstract provided.

Constitutional Law: Should The Power Of Presidential Pardon Be Revised?, David L. Levine

The Judges' Book

No abstract provided.

Introduction, David Faigman

The Judges' Book

No abstract provided.

Bankruptcy Law: The Effect Of Banning Key Employee Retention Plans, Jared A. Ellias

The Judges' Book

No abstract provided.

Criminal Law: Progressive Punitivism, Hadar Aviram

The Judges' Book

No abstract provided.

Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd

Faculty Scholarship

As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …

A Path Towards Arctic Presence: Stricter Regulation As The First Step In Free Navigation, Luke A. Sanders

UC Law Journal

The Arctic ice cap is melting. As the ice recedes, shipping lanes are opening that present shorter transport routes across the top of the globe. Industry analysts predict an Arctic shipping boom in coming years. In response, the International Maritime Organization (IMO) implemented a Polar Code (the “Polar Code” or the “Code”) to place heightened environmental and safety requirements on ships traversing the Arctic and Antarctic regions. These rules are binding on the United States, and the U.S. Coast Guard published the rulemaking for Polar Ship requirements. However, the rules have multiple shortcomings and loopholes. At the IMO, conversations have …

Play Now, Pay Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

UC Law Journal

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs across demographics, …

The Roper Extension: A California Perspective, Zoe Jordan

UC Law Journal

Although adulthood legally begins at age eighteen, young adults between the ages of eighteen and twenty-one are distinct from the rest of the adult population. Many studies conducted over the last two decades have revealed that the prefrontal cortex, the part of the brain responsible for social and emotional maturity as well as impulse control, is not fully developed until near the age of twenty-five. Thus, young adults have a neurobiologically-compromised ability to exercise self-control, adequately consider the consequences of their actions, and resist coercive pressures from others. Notably, the California Legislature has acknowledged the need to treat young adults …

Do The “Haves” Come Out Ahead In Chinese Grassroots Courts? Rural Land Disputes Between Married-Out Women And Village Collectives, Peter C. H. Chan

UC Law Journal

This Article tests Galanter’s party capability theory in China’s grassroots courts by empirically examining 858 sampled judgments of rural land dispute lawsuits between married- out women (the “have-nots,” or the less resourceful party) and village collectives (the “haves,” or the more resourceful party) throughout China from 2009 to 2017. An analysis of this study’s results yields a groundbreaking discovery, the “have-nots” came out ahead in China’s courts by a substantial margin. This finding contradicts Galanter’s theory—under which the “haves” should prevail—and the established view that the “haves” should come out ahead in China (a leading study on Shanghai courts found …

Beyond The Double Veto: Housing Plans As Preemptive Intergovernmental Compacts, Christopher S. Elmendorf

UC Law Journal

The problem of local-government barriers to housing supply is finally enjoying its moment in the sun. For decades, the states did little to remedy this problem and arguably they made it worse. But spurred by a rising Yes in My Backyard (YIMBY) movement, state legislatures are now trying to make local governments plan for more housing, allow greater density in existing residential zones, and follow their own rules when reviewing development applications. This Article describes and takes stock of the new state housing initiatives, relating them to preexisting Northeastern and West Coast approaches to the housing-supply problem; to the legal-academic …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Should The Power Of Presidential Pardon Be Revised?, Budd N. Shenkin, David I. Levine

UC Law Constitutional Quarterly

No abstract provided.

Rethinking Constitutional Interpretation To Affirm Human Rights And Dignity, Vincent J. Samar

UC Law Constitutional Quarterly

No abstract provided.

Releasing The 1040, Not So Ez Constitutional Ambiguities Raised By State Laws Mandating Tax Return Release For Presidential Candidates, Matthew M. Ryan

UC Law Constitutional Quarterly

No abstract provided.