Law Commons^™

The Immigration Crisis In American Courts: Children Representing Themselves, Wendy Melissa Hernandez

UC Law Constitutional Quarterly

No abstract provided.

The Unconstitutional Prosecution Of Asylum-Seeking Parents Under Trump’S Family Separation, Sergio Garcia

UC Law Constitutional Quarterly

President Donald Trump’s policy of separating families at the border, known as Trump’s “Zero Tolerance Policy,” was piloted in El Paso, Texas in 2017. Under Trump’s policy, the government separates asylum-seeking parents from their children in order to create “unaccompanied minors” and then prosecute parents. Trump’s policy is standard practice along the nation’s southern border. However, Trump’s prosecution and conviction of asylum–seeking parents violate the constitutional criminal law principles and constitute outrageous government conduct. For example, consider the cases of asylum-seeking parents Elba Luz Dominguez–Portillo, Natividad Zavala–Zavala, Jose Francis Yanes–Mancia, Blanca Nieve Vasquez– Hernandez, and Maynor Alonso Claudino–Lopez (collectively referred …

Corporate Constituents: Corporations Have More Influence On The Federal Government Than Real People Under Current U.S. Campaign Finance Regulations, Colin Schoell

UC Law Constitutional Quarterly

No abstract provided.

Data Philanthropy, Yafit Lev-Aretz

UC Law Journal

The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic researcher’s alleged misuse of Facebook users’ data on behalf of Cambridge Analytica has brought data philanthropy into the spotlight of public debate. Calls for data ethics and platform transparency have highlighted the urgent need for standard setting and democratic oversight in the use of corporate data for public ends. Data philanthropy has also received considerable scholarly attention in various academic disciplines but has, until now, been virtually overlooked …

Counterfeit Campaign Speech, Rebecca Green

UC Law Journal

We are entering an era in which computers can manufacture highly-sophisticated images, audio, and video of people doing and saying things they have, in fact, not done or said. In the context of political campaigns, the danger of “counterfeit campaign speech” is existential. Do current laws adequately regulate faked candidate speech? Can counter speech effectively neutralize it? Because it takes place in the vaulted realm of core political speech, would the First Amendment stymie any attempt to outlaw it? Many smart people who have looked at the general problem of deceit in campaigns have concluded that the state has no …

Algorithmic Discrimination Is An Information Problem, Ignacio N. Cofone

UC Law Journal

While algorithmic decision-making has proven to be a challenge for traditional antidiscrimination law, there is an opportunity to regulate algorithms through the information that they are fed. But blocking information about protected categories will rarely protect these groups effectively because other information will act as proxies. To avoid disparate treatment, the protected category attributes cannot be considered; but to avoid disparate impact, they must be considered. This leads to a paradox in regulating information to prevent algorithmic discrimination. This Article addresses this problem. It suggests that, instead of ineffectively blocking or passively allowing attributes in training data, we should modify …

The Future Of Insider Trading After Salman: Perpetuation Of A Flawed Analysis Or A Return To Basics, Charles W. Murdock

UC Law Journal

In large part due to two poorly reasoned decisions by Justice Powell in the early 1980s, Chiarella v. U. S. and Dirks v. SEC, the development of insider trading law has been constrained, enforcement has been hampered, and insider-trading has grown to the point where hundreds of millions of dollars are at stake. Moreover, Chiarella and Dirks were inconsistent with the Congressional policy that the purpose of the securities laws is to ensure a level playing field where one participant does not have an undue advantage over another participant.

A Second Circuit decision, U.S. v. Newman unnecessarily extended Dirks, notwithstanding …

An Elegant Solution To Network Inadequacy: How To Better Protect Patients From Inadequate Health Networks And Surprise Balance Billing, Leah Selby Gray

UC Law Journal

The American health care system is far from ideal. Health insurance is expensive, yet often inadequate, and patients can fall into bankruptcy paying for necessary medical care. Patients often face challenges finding physicians and other providers that accept their insurance due to network inadequacy, which can end up costing them thousands. Federal law offers few protections to patients from the costs of inadequate networks, so some states have passed legislation to protect patients from surprise balance bills. This Note analyzes the enduring nature of the network inadequacy problem and proposes an elegant solution: state single payer. While it would be …

Ethical Implications Of The Conscience Clause On Access To Postpartum Tubal Ligations, Eleanor Barczak

UC Law Journal

Catholic health care systems in the United States have long limited women’s access to reproductive care. Controlled by the Ethical and Religious Directives promulgated from the Church, Catholic hospitals are prohibited from performing abortions or sterilizations. In 1973, Congress codified the “Conscience Clause,” legally protecting the individual and institutional right to refuse to perform or participate in abortion or sterilization procedures based on religious or conscience objection.

This Note argues that refusal to perform a postpartum tubal ligation based on the Conscience Clause violates medical best practices. However, in the case of an individual physician, possessing a conscience and direct …

Protecting Native Women From Violence: Fostering State-Tribal Relations And The Shortcomings Of The Violence Against Women Act Of 2013, Dayna Olson

UC Law Constitutional Quarterly

Native American women face violence at astronomically high rates compared to any other ethnic group in the United States. These staggering statistics are laregly the result of conflicting criminal jurisdiction between tribal, state, and federal prosecutors. As a result, crimes of intimate partner violence that take place on tribal reservations often go unpunished, leaving these women with little to no recourse. In 2013, President Obama signed the reauthorization of the Violence Against Women Act. This landmark legislation created the Special Domestic Violence Criminal Jurisdiction, which gave Native American tribes the authority to prosecute a narrow set of non-tribal members for …

Can A Distant Relative Allow The Government Access To Your Dna? The Fourth Amendment Implications Of Law Enforcement’S Genealogical Search For The Golden State Killer And Other Genetic Genealogy Investigations, George M. Dery Iii

UC Law Science and Technology Journal

This Article considers the advent of genetic genealogy, used by law enforcement in capturing the Golden State Killer suspect and in other cold cases. In these investigations, police used genetic information obtained from the open source genealogy site, GEDmatch, to build vast family trees spanning the entire country and several generations in order to locate suspects whose DNA matched that left at a crime scene. This Article analyzes the Fourth Amendment implications of government use of such powerful technology to explore such sensitive information as DNA. The conclusion the Supreme Court could reach, should it be called upon to examine …

The Heavy Burden Of A Lighter Touch Framework The Inadequacy Of Antitrust Laws As A Substitute For Net Neutrality, Emilia R. Rubin

UC Law Science and Technology Journal

No abstract provided.

The Internet Adopts Two-Way Radio, Henry H. Perritt Jr.

UC Law Science and Technology Journal

The Internet, having displaced conventional correspondence with email, having displaced traditional libraries with online ones, having revolutionized shopping, having uprooted television and movies, now is absorbing police, fire, ambulance, and public utility two-radio systems.

Digital radio technologies combine with Internet switching of transmitters, receivers, and networks, so that a police officer can talk to an ambulance driver or a train dispatcher across the state or across the country. Specialized cellphones are becoming indistinguishable from walkie-talkies. Cellular telephone channels replace two-way-radio air links.

Integration of “private mobile radio” into the Internet is the result of specific advances in radio and networking …

Death In The Shadows, Mary Campbell Dr., Lucille Jewel

UC Law Journal of Race and Economic Justice

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939) (fig.1), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national myth, that of …

Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai

UC Law SF International Law Review

As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic organ …

Masthead

UC Law Science and Technology Journal

No abstract provided.

British Impeachments (1376 - 1787) And The Preservation Of The American Constitutional Order, Frank O. Bowman Iii

UC Law Constitutional Quarterly

Impeachment is a British invention. It arose as one of a set of tools employed by Parliament in its long contest with the Crown over the reach of the monarch’s authority. British impeachment practice matters to Americans because the Founders’ understanding of British history influenced their decision to include impeachment in the American constitution and their conception of how impeachment fit in a balanced system of ostensibly co-equal branches. The Article traces the evolution of Parliament’s use of impeachment and of the categories of behavior it designated as impeachable. These included: armed rebellion and other overt treasons; common crimes like …

Abandoned Or Unattended? The Outer Limit Of Fourth Amendment Protection For Homeless Persons’ Property, Tim Donaldson

UC Law Constitutional Quarterly

Homelessness in America has become an epidemic problem. Homeless encampments can be found in public areas of almost every major city, and the resulting accumulation of waste, debris, and other items in those areas presents public health and safety concerns. Many cities have responded to those challenges by periodically clearing or cleaning campsites and must determine, often among tons of materials, what may be collected and discarded. This article reviews the constitutional treatment of abandoned property versus unabandoned property. It proposes guidelines for determining when unattended property left in public areas by homeless persons may be considered abandoned and beyond …

The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku

UC Law SF International Law Review

The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex, and …

Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen

UC Law SF International Law Review

In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues …

Prefatory Matter

UC Law SF International Law Review

No abstract provided.

Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson

UC Law SF International Law Review

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …

Adjudicating Dignity: Judicial Motivations And Justice Kennedy’S Jurisprudence Of Dignity, Allyson C. Yankle, Daniel Tagliarina

UC Law Constitutional Quarterly

Drawing primarily on scholarship concerning legal motivation and the decisionmaking of Supreme Court median justices, we use Justice Kennedy’s opinions as a case study to examine how institutional position on the Supreme Court allows median justices to look beyond policy goals and consider legal goals and motivations in their decision-making. We argue that Kennedy’s unique position on the Court as the median justice allows him to pursue legal considerations, including his seemingly idiosyncratic conception of dignity. Kennedy provides an example of how median justices can use their position to not only pursue policy and political outcomes, but also legal considerations …

The Development Of Social Enterprise And Rise Of Benefit Corporations: A Global Solution?, Dina Dalessandro

UC Law Business Journal

No abstract provided.

Current Issues Of U.S.-Japan Cross-Border Ip Disputes, Ryoichi Mimura

UC Law Business Journal

No abstract provided.

The Vital Need To Eliminate A De Facto Negligence Standard Under Section 14(E) Of The Exchange Act, Matthew A. Powell

UC Law Business Journal

In Varjabedian v. Emulex Corp. (Varjabedian), the Ninth Circuit held that a claim for failure to satisfy a statutory disclosure provision concerning tender offers under Section 14(e) of the

1934 Act only requires a pleading of negligence, not scienter. The Ninth Circuit’s holding in Varjabedian departs from half a century of established case law and creates a circuit split with the Second, Third, Fifth, Sixth, and Eleventh circuits. The Varjabedian decision opens the door for the very litigation abuses that Congress has sought to prevent in order to protect businesses and markets. However, while the federal securities laws are critical …

The Future Is Femtech: Privacy And Data Security Issues Surrounding Femtech Applications, Celia Rosas

UC Law Business Journal

No abstract provided.

Masthead

UC Law Business Journal

No abstract provided.

Ticket To An Antitrust Violation? Why The Nfl And Directv’S Exclusive Distributorship Agreement For Sunday Ticket May Violate Antitrust Laws, And How The U.S. District Court For The Central District Of California May Have Gotten It Wrong, Haig Siranosian

UC Law Business Journal

No abstract provided.

The Regulatory Framework Of Executive Remuneration: Contributions From Shareholder Activism And Board Accountability, Jingchen Zhao, Zhihui Li

UC Law Business Journal

Executive remuneration is influenced by multiple factors including capital markets, product markets, corporate internal governance, corporate finance, governmental regulation, and legislation. Related to various practical factors, executive remuneration is no longer simply fixed based on the contractual arrangements between companies and their directors. Due to the complicated relationship network in executive remuneration and

the way public companies produce their remuneration policies, remuneration structures and levels can be extremely complex and easily affected by undue influence. This paper focuses on how to solve executive remuneration problems through regulation. Legislations from several developed countries in areas such as providing shareholders with more …