Law Commons^™

Cross Border Patent Disputes, David A. Makman

UC Law Business Journal

No abstract provided.

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin

UC Law Journal of Race and Economic Justice

No abstract provided.

The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

UC Law Journal of Race and Economic Justice

No abstract provided.

Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan

UC Law Journal of Race and Economic Justice

No abstract provided.

Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu

UC Law Journal of Race and Economic Justice

No abstract provided.

The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano

UC Law Journal of Race and Economic Justice

No abstract provided.

Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr

UC Law Journal of Race and Economic Justice

No abstract provided.

The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac

UC Law Journal of Race and Economic Justice

No abstract provided.

A Man For All Seasons: A Remembrance Of Geoffrey C. Hazard, David L. Faigman

UC Law Journal

No abstract provided.

Geoffrey C. Hazard, Jr.: An American In Paris, Loïc Cadiet

UC Law Journal

No abstract provided.

Judicial Archaeology: The Ninth Circuit Opinions Of Justice Kennedy, Marsha Berzon The Honorable

UC Law Journal

No abstract provided.

Justice Kennedy: A Free Speech Justice? Only Sometimes, Erwin Chemerinsky

UC Law Journal

No abstract provided.

Access To Justice And Routine Legal Services: New Technologies Meet Bar Regulators, Benjamin H. Barton, Deborah L. Rhode

UC Law Journal

This Article explores controversies over bar regulation of new online technologies that help address the routine legal needs of low- and middle-income consumers. It is critical that lawyer regulators resist the temptation to restrict organizations that respond to the nation’s huge unmet needs of individuals of limited means. After briefly reviewing the rise of technology in this space, this Article discusses efforts to rein in three of the largest U.S. providers of consumer-oriented legal services, LegalZoom, Rocket Lawyer, and Avvo Legal Services. Analysis then focuses on the lawsuits and regulatory restrictions faced by Avvo, and the ultimate demise of Avvo …

Cornerstones Of Civil Justice, Neil Andrews

UC Law Journal

No abstract provided.

Incorporation By Reference: Requiem For A Useless Tradition, Antonio Gidi

UC Law Journal

No abstract provided.

More Speech Everywhere: Justice Kennedy And The Public Forum, Ashutosh Bhagwat

UC Law Journal

No abstract provided.

When Structure Fails: Justice Kennedy, Liberty, And Trump V. Hawaii, Frank J. Colucci

UC Law Journal

This symposium Article situates Justice Anthony M. Kennedy’s final concurring opinion in Trump v. Hawaii within his larger jurisprudence. Part I traces its separation of powers foundations by examining then-Judge Kennedy’s Ninth Circuit opinions in Chadha v. INS and Beller v. Middendorf. While in Chadha Kennedy shows sensitivity to how congressional action can threaten personal liberty, in Beller he expresses substantial deference to executive decisions about military necessity and foreign policy at the expense of personal liberties. Part II reviews several early Supreme Court opinions, where Kennedy articulates a judicial duty to police separation of powers as essential to liberty, …

The Profound Political But Elusive Legal Legacy Of Justice Anthony Kennedy’S Lgbt Decisions, Matthew Coles

UC Law Journal

No abstract provided.

Teacher For The Nation, Daniel Epps

UC Law Journal

No abstract provided.

Clean Water Act Section 401: Balancing States’ Rights And The Nation’S Need For Energy Infrastructure, Deidre Duncan, Clare Ellis

UC Law Environmental Journal

No abstract provided.

Balancing A Watershed Approach To Stormwater Management, Sean Bothwell, Kaitlyn Kalua

UC Law Environmental Journal

No abstract provided.

Leading The Way In Sustainable Practices: How The Cannabis Cultivation Policy Is Rethinking Water Management In California, Joanna Hossack

UC Law Environmental Journal

No abstract provided.

The Shortcomings Of Regulating Pesticides Internationally And How Disadvantaged Communities Pay The Price, Alex Sauerwein

UC Law Environmental Journal

Glyphosate is a toxic pesticide heavily used in food production. As a result, glyphosate ends up in the air we breathe and the water we drink. The increasing spread and use of glyphosate have many negative impacts on public and environmental health. Researchers are finding links between the use of glyphosate and cancer, Parkinson disease, and lower IQ rates in humans. Researchers have also linked glyphosate to environmental harms, like decreased biodiversity and unintended killing of fish near farms. International law has attempted to limit the use of toxic chemicals through hard law principles like the Rotterdam Convention and soft …

The Power Side Of The Second Amendment Question: Limited, Enumerated Powers And The Continuing Battle Over The Legitimacy Of The Individual Right To Arms, Nicholas J. Johnson

UC Law Journal

Roughly a decade has passed since the Supreme Court’s decision in District of Columbia v. Heller and the battle over the basic legitimacy of the right to keep and bear arms continues. A significant segment of the academy, the Bar, and the judiciary remains skeptical about the constitutional bona fides of the individual right to arms. A primary source of that skepticism is the view pressed most forcefully by professional historians that the Second Amendment had nothing to do with individual self-defense and at best protects an “individual militia right” that has no practical application in modern America. This Article …

Embracing Global Warmth And Climate Resilience Through Green Chemistry Legislation, Oladele A. Ogunseitan

UC Law Environmental Journal

No abstract provided.

Precedent, Politics, Or Priorities: Are Courts Stepping Out Of Their Traditional Judicial Bounds When Addressing Climate Change?, Mary Haley Ousley

UC Law Environmental Journal

There is consensus in the scientific community that climate change is in fact occurring and is primarily driven by human activities. Despite this consensus, the executive branch under President Trump has engaged in scrapping environmental regulations and increasing fossil fuel consumption, while the legislative branch has refused to take any beneficial action. This leaves the judicial branch as the primary avenue for Americans seeking to force action on climate change.

This paper will focus on the judicial response toward climate change litigation. More specifically, it will analyze how some courts—and the litigants who bring their suits—are stepping outside of their …

Meritless Historical Arguments In Second Amendment Litigation, Mark Anthony Frassetto

UC Law Constitutional Quarterly

Since Heller Second Amendment litigation and scholarship has focused in large part on questions about the historical understanding of the Second Amendment. One area where this historical analysis has been especially pronounced is in litigation over the scope of the Second Amendment right outside of the home. Litigants, amici, and scholars fiercely debate the meaning of historical statutes, treatises, and cases, arguing about the scope of the right to carry arms outside of the home at the time of the Second and Fourteenth Amendments’ ratifications. Most law review articles attempt to address difficult or hotly contested legal issues. This is …

A Secret Weapon?: Applying Privacy Doctrine To The Second Amendment, Jody Lyneé Madeira

UC Law Constitutional Quarterly

In the past decade, “gun rights” advocates have attempted to strategically articulate a Second Amendment privacy interest in being free from interference from both governmental actors and private actors with ownership of, access to, or use of firearms. This essay explores why privacy is an appealing framework for these purposes, and how courts have responded to such claims thus far. Part I analyzes privacy as a legal and sociocultural construct, assesses claims that firearms ownership and use are stigmatized, and discusses how privacy doctrine can be a stigma management strategy. Part II examines three cases in which gun rights supporters …

Reciprocal Concealed Carry: The Constitutional Issues, William D. Araiza

UC Law Constitutional Quarterly

Legislation introduced in recent congressional sessions would enact some version of “concealed carry reciprocity” for firearms. This legislation would create a regime in which a holder of a concealed firearms carry permit issued by one state can carry a concealed weapon in any state that allows some form of concealed carry. Concealed carry reciprocity legislation raises a complex web of constitutional issues. After Part I of this Article introduces the concept of concealed carry reciprocity, as exemplified by a bill that the House passed in December, 2017, Parts II and III consider those constitutional issues. Part II considers the three …