Law Commons^™

A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski

UC Law SF Journal on Gender and Justice

According to new research, one in five pregnant women in the United States take some form of opioid during pregnancy, and one in twenty are addicted to opioid medications. In response, the government has increased their attempts to regulate pregnant women’s conduct in order to protect the health of unborn children. Opioid dependent mothers often find themselves subject to being reported to Child Protective Services by doctors and hospital staff for ingesting drugs while pregnant. Individuals’ in substance abuse treatment, including pregnant mothers receiving opioid replacement therapy, are protected from discrimination under the Americans with Disabilities Act. However, mothers who …

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

UC Law SF Journal on Gender and Justice

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal dynamics …

The Extraterritorial Reach Of Tribal Court Criminal Jurisdiction, Grant Christensen

UC Law Constitutional Quarterly

Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the nature of overlapping sovereignty. The Supreme Court accepts an average of almost three Indian law cases a year and has decided more than twenty Indian law cases with a jurisdictional focus since 1978. As tribes become wealthier, they are increasingly acquiring new lands outside of their existing reservations. This expansion of territory generates new border zones where state and tribal interests converge. The Sixth Circuit recently decided the first federal appellate case dealing with the inherent criminal powers of tribal court jurisdiction over the conduct …

No One Owns Data, Lothar Determann

UC Law Journal

Businesses, policy makers, and scholars are calling for property rights in data. They currently focus on the vast amounts of data generated by connected cars, industrial machines, artificial intelligence, toys and other devices on the Internet of Things (IoT). This data is personal to numerous parties who are associated with the connected device, and there are many others are also interested in this data. Various parties are actively staking their claims to data, as they are mining the fuel of the digital economy.

Stakeholders in digital markets often frame claims, negotiations and controversies regarding data access as one of ownership. …

An Empirical Inquiry Into The Use Of Originalism: Fourth Amendment Jurisprudence During The Career Of Justice Scalia, Lawrence Rosenthal

UC Law Journal

There is likely no methodological question of greater importance to constitutional law than whether adjudication should be based on the original meaning of the Constitution’s text, or instead reflect an evolving understanding in light of felt experience. Little effort, however, has been made to test empirically the claim of originalists that their methodology offers an effective vehicle for constitutional adjudication.

This study is the first to assess the extent to which original meaning, in practice, proves able to resolve constitutional litigation. To do so, it examines Fourth Amendment jurisprudence during the career of a self-proclaimed originalist, Justice Antonin Scalia. Cases …

The Fair Deal Universal Health Care Proposals: Historians’ Perspectives From From 1970 To 2003, George Horvath

Faculty Scholarship

No abstract provided.

Technology Law: Artificial Intelligence: Trust And Distrust, Robin C. Feldman

The Judges' Book

No abstract provided.

Kennedy’S Legacy: A Principled Justice, Mitchell N. Berman, David Peters

UC Law Constitutional Quarterly

After three decades on the Supreme Court, Justice Anthony Kennedy enters retirement as, arguably, both its most widely maligned member and its most enigmatic. These distinctions are related, for commentators’ inability to identify any coherent, law-like explanation for Kennedy’s decisions, especially in constitutional disputes, significantly fuels the widespread judgment that no such explanation exists and that he was simply “making it up.” We think the common wisdom largely mistaken. This Article argues that Kennedy’s constitutional decision making reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more …

A New Look At Criminal Liability For Selling Dangerous Vehicles: Lessons From General Motors And Toyota, Steven B. Dow, Nan S. Ellis

UC Law Business Journal

Automobile safety is one of the most serious public health issues facing our country. In addition to the costs in terms of personal injury and death, automobile accidents cost society billions of dollars in lost productivity and medical costs. In 1966, there were over 50,000 deaths from automobile accidents. By 2015, this number had fallen to approximately 35,000 deaths and 2.4 million injuries resulting from automobile accidents. By some measures, this is a remarkable reduction that might lead us to conclude that automobile safety is no longer an important public policy concern. This article argues that automobile safety is still …

Competing To Cut Carbon: State Policies, Conflicts With Federally-Regulated Energy Markets, And Recommendations, Arshak Zakarian

UC Law Business Journal

Wholesale power markets currently face challenges from changes in federal regulations and advancements in technology, which have significantly changed the composition of energy generation sources across the United States over the last two decades. States have relied increasingly on policy to increase the presence of clean energy sources in their power mix, such as nuclear energy, due to its reliability and environmental benefits. Natural gas, wind, and solar have seen unprecedented growth in the last five years due to declining fuel source and technology costs. Utilities companies and private companies have invested significantly in infrastructure and technology research, attempting to …

A Peek Under The Hood: Why Lawmakers Should Strengthen The Current Dmca Exemption For Security And Safety Research Into Car Software, Holden Benon

UC Law Business Journal

In the last five years, society has witnessed advancements in automobile technology that Henry Ford himself could not have dreamed. Vehicle software now allows cars to drive themselves; indeed, as of December 2017, close to four dozen vehicle manufacturers have received permits from the California Department of Motor Vehicles for autonomous testing. Many of the advancements in automobile technology involve copyright law, the primary body of law that protects computer source code. Essentially, each line of vehicle source code is protected the same way a film script is protected. Just as camera directions in the script are hidden from movie-goers, …

Bad Behavior: Health Insurance Mega-Mergers, Jacqueline C. Lien

UC Law Business Journal

2015 marked the beginning of a long battle for two major health insurance companies. On July 3, 2015, health insurance giant and third largest health insurance company by revenue, Aetna, announced that it entered into an agreement to acquire the fifth largest health insurance company, Humana, for $37 billion. Following a similar timeline, on July 24, 2015, second largest, Anthem, negotiated an even bigger merger with Cigna, the fourth largest, for $54.2 billion. Officials from all four companies lauded the benefits of the mergers, stating that the synergies between the respective companies would result in enhanced health care access, quality, …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko

UC Law Journal of Race and Economic Justice

No abstract provided.

Revising Society Must Be Defended By Michel Foucault, Sam Holder

UC Law Journal of Race and Economic Justice

No abstract provided.

“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross

UC Law Journal of Race and Economic Justice

No abstract provided.

The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin

UC Law Journal of Race and Economic Justice

No abstract provided.

Foreword, Brad R. Hill The Honorable

The Judges' Book

No abstract provided.

Criminal Law: The Institutional Design Of Punishment, Aaron Rappaport

The Judges' Book

No abstract provided.

Evidence Law: Convictions Based On Circumstantial Evidence, Binyamin Blum

The Judges' Book

No abstract provided.

International Law: Explaining International Acts, Chimène I. Keitner

The Judges' Book

No abstract provided.

Prophylactic Merger Policy, Herbert Hovenkamp

UC Law Journal

No abstract provided.

Ethical Issues In Robo-Lawyering: The Need For Guidance On Developing And Using Artificial Intelligence In The Practice Of Law, Drew Simshaw

UC Law Journal

As in many other industries, artificial intelligence (“AI”) is poised to drastically transform the legal services landscape. “Bots,” automated expert systems, and predictive analytics are already changing the way consumers seek, and lawyers provide, legal services. Among other impacts, AI has the potential to increase access to justice in the self-help, individual, and corporate law firm markets by lowering costs and expanding services to untapped markets. A prominent question in early literature on AI in law is whether these services constitute the unauthorized practice of law. Threshold questions of whether and by whom such services should be regulated are important, …

Locating Affordable Housing: The Legal System’S Misallocation Of Subsidized Housing Incentives, Brandon M. Weiss

UC Law Journal

The primary goal of subsidized housing policy in the United States is to increase access to affordable housing for low-income households. Yet data show that states disproportionately award low-income housing tax credits to finance the development of projects in neighborhoods where there is already a relatively high number of housing units available at similar rent levels. Through a fifty-state study of state housing agency allocation rules, this Article evaluates the legal apparatus that facilitates this “misallocation problem.” I find that approximately seventyfive percent of states fail to make the provision of below-market rents a threshold requirement of receiving an award …

Introduction, David Faigman

The Judges' Book

No abstract provided.

Administrative Law: The Trouble With Counting, Jodi L. Short

The Judges' Book

No abstract provided.

Bankruptcy Law: Explaining Bankruptcy Forum Shopping, Jared A. Ellias

The Judges' Book

No abstract provided.

Table Of Contents

The Judges' Book

No abstract provided.

Corporate Law: Resolution Triggers For Systematically Important Financial Institutions, John Crawford

The Judges' Book

No abstract provided.

Constitutional Law: Funding Restrictions And Separation Of Powers, Zachary S. Price

The Judges' Book

No abstract provided.