Law Commons^™

Health Law: Sb 17 And State Regulation Of Drug Pricing, Jaime S. King, Katherine L. Gudiksen

The Judges' Book

No abstract provided.

Immunization Law: Litigating Alternative Facts, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aggregation, Scott Dodson

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction And Aliens, Scott Dodson

The Judges' Book

No abstract provided.

Public Lands: Are U.S. Public Lands Unconstitutional?, John D. Leshy

The Judges' Book

No abstract provided.

Tax Law: Problems With Abandoning The Full-Deduction Rule, Manoj Viswanathan

The Judges' Book

No abstract provided.

Appendix: Notable Faculty Scholarship In 2018

The Judges' Book

No abstract provided.

Emergent Regulatory Systems And Their Challenges: The Case Of Combination Medical Products, George Horvath

Faculty Scholarship

Where regulatory systems overlap, courts and scholars often focus on the undesirable aspects of the overlap—the ways in which systems conflict. One such context involves the regulation of prescription drugs and medical devices by the FDA’s premarket evaluation processes and by state common-law tort and products liability actions. FDA regulation and state common law are often described as separate, conflicting regulatory systems. This Article challenges that description by proposing a model in which FDA premarket evaluation and state common law function as a single regulatory system.

This model brings order to the Supreme Court’s seemingly inconsistent medical products preemption cases, …

The Unofficial Federal Officer, Megan M. Mclaughlin

UC Law Constitutional Quarterly

Most people can state who the first lady is, but no one can clearly explain what the first lady is. This silence, which stretches across all three branches of government, speaks volumes and leaves the first lady’s official constitutional status as an open question. Most discussions of this matter arose during the Clinton presidency in the context of Hillary Rodham Clinton’s role in her husband’s administration. The few legal academics who touched on the topic then have not revisited it despite the changing political and social landscape. This paper explores how the evolution of first ladies has made the legal …

The Outrageous Government Conduct Defense: An Interpretive Argument For Its Application By Scotus, Eve A. Zelinger

UC Law Constitutional Quarterly

The U.S. Supreme Court has held that the Due Process Clause protects defendants from Outrageous Government Conduct (“OGC”) via the OGC defense, but the Court has not yet been presented with a set of facts it believes warrants its application. As a result, the Court has not set forth such criteria for application of the OGC defense, leaving the lower courts to apply their own standards. While some critics contend there is no use for the OGC defense due to the availability of the entrapment defense, this Note will uncover why this is not the case. More specifically, this Note …

The President’S Role In The Administrative State: Rejecting The Illusion Of “Political Accountability”, Kevin Bohm

UC Law Constitutional Quarterly

Direct presidential control of executive agencies is a contentious issue in administrative law. This note first presents an overview of Constitutional basics, before exploring the unique twist on traditional presidential control theories that now-Justice Elena Kagan proposed in her 2001 article “Presidential Administration.” Kagan’s justification for enhanced presidential control rests a novel statutory interpretation perspective and the notion that the President is uniquely qualified to impose his will on agency decision-making as he is politically accountable to the American electorate at-large. This note highlights the criticisms, from other prominent academics in the field, of relying on political accountability to justify …

Judges Of Color: Examining The Impact Of Judicial Diversity In The Equal Protection Jurisprudence Of The United States Court Of Appeals For The Ninth Circuit, Kristine L. Avena

UC Law Constitutional Quarterly

From slavery to civil rights to affirmative action, America’s history has been plagued with the issue of race. The federal bench is no exception. For almost two centuries, the highest court of the nation did not represent the public that it served. This Note aims to determine how the presence of minority judges on the United States Court of Appeals for the Ninth Circuit impacts Equal Protection doctrine. This Note shows that a Ninth Circuit judge’s race is important in providing procedural and substantive contributions to the federal bench. Diverse judges use their life experiences to ensure that every person …

No “Market” For Truth: The Weaknesses Of Free Speech-Based Defenses To Credit Rating Industry Liability, Andy Carr

UC Law Constitutional Quarterly

Credit rating agencies are essential components of the global financial systems. The major CRAs primarily serve the financial systems as “gatekeepers,” in that their ratings determine whether a financial instrument is “investment grade” under federal and state laws, and as information-facilitators for the complicated instruments being bought and sold within the system. Because of their systemic significance, CRAs faced especially harsh scrutiny in the aftermath of the financial crisis and Great Recession a decade ago. Initial public scrutiny was followed by waves of litigation which resurfaced long-dormant questions about the CRAs’ exposure to liability and decades-old defenses of their rating …

The Putative Problem Of Pestersome Paupers: A Critique Of The Supreme Court’S Increasing Exercise Of Its Power To Bar The Courthouse Doors Against In Forma Pauperis Petitioners, Jared S. Sunshine

UC Law Constitutional Quarterly

The Supreme Court has increasingly adopted the practice of categorically and prospectively barring its more prolific petitioners from proceeding in forma pauperis—that is, without paying a filing fee. The optics of closing the courtroom doors to those who cannot afford to pay are not particularly seemly; nonetheless, the Court has persevered in and expanded this practice dramatically over the years. In the beginning, however, the Court grappled thoughtfully with the wisdom of this practice in a series of disputatious decisions. The article revisits these arguments in light of American tradition and legal precedent of unfettered access to the courts and …

Separating Fact From Fiction: The First Amendment Case For Addressing “Fake News” On Social Media, Michael K. Park

UC Law Constitutional Quarterly

“Fake news” or disinformation that appropriates the look and feel of real news stories continues to spread across social networks, suppressing informed dialogue and sowing civil discord. After revelations that influential media websites like Facebook and Twitter were used to spread fake news during the 2016 presidential election, these companies vowed to take remedial action, but have failed to contain the spread of fake news. This essay makes the case that First Amendment principles mandate that the government has a duty to preserve democratic deliberation and democratic decision-making institutions, even if that means overriding private interests. It explores some prospective …

Tax Law: The Ethics Of Tax Lawyering, Heather M. Field

The Judges' Book

No abstract provided.

Patent Law: Empirical Evidence Of Drug Pricing Games— A Citizen’S Pathway Gone Astray, Robin Feldman

The Judges' Book

No abstract provided.

Civil Procedure: Jurisdiction And Its Effects, Scott Dodson

The Judges' Book

No abstract provided.

Health Law: Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochran

The Judges' Book

No abstract provided.

Health Law: Protecting Children When Parents Choose Not To Vaccinate, Dorit Rubinstein Reiss

The Judges' Book

No abstract provided.

Table Of Contents

The Judges' Book

No abstract provided.

Foreword, Lawrence J. O’Neill Hon.

The Judges' Book

No abstract provided.

Children And The Law: Constitutional Decisionmaking And The “Peculiar Vulnerability Of Children”, Lois A. Weithorn

The Judges' Book

No abstract provided.

Introduction, David Faigman

The Judges' Book

No abstract provided.

Constitutional Law: Reliance On Nonenforcement, Zachary S. Price

The Judges' Book

No abstract provided.

Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram

The Judges' Book

No abstract provided.

Employment Law: The Employee Vs. Independent Contractor Dichotomy, Veena B. Dubal

The Judges' Book

No abstract provided.

Environmental Law: Little Streams And Legal Transformations, Dave Owen

The Judges' Book

No abstract provided.

Corporate Law: If It Acts Like A Bank, Regulate It Like A Bank, John Crawford

The Judges' Book

No abstract provided.

Appendix: Notable Faculty Scholarship In 2017

The Judges' Book

No abstract provided.