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Articles 1261 - 1290 of 8903
Full-Text Articles in Law
No Harm, Still Foul: When An Injury-In-Fact Materializes In A Consumer Data Breach, Benjamin C. West
No Harm, Still Foul: When An Injury-In-Fact Materializes In A Consumer Data Breach, Benjamin C. West
UC Law Journal
No abstract provided.
Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan
Legalizing Federal Sports Gambling Laws: You Got To Know When To Hold’Em, Robert Shawhan
UC Law SF Communications and Entertainment Journal
This paper addresses the current federal laws that prohibits sports gambling. It argues that the introduction of a well-regulated and transparent gambling industry may serve greater protections than what is provided by the law. Politicians are sensibly acknowledging the realities of sports gambling and its benefits. The current political climate, under a Trump Presidency, is ideal for legalizing this form of gambling. Part I of this note will reflect on the most recent history of sports gambling laws. It will draw on New Jersey’s legal struggles, the sports evolution of Las Vegas, and the relevant Daily Fantasy Sports controversy. Part …
Conservation Easements For Green Urban Spaces, Matthew Olhausen
Conservation Easements For Green Urban Spaces, Matthew Olhausen
UC Law Environmental Journal
No abstract provided.
Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu
Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu
UC Law Environmental Journal
No abstract provided.
A Zero-Emissions Future: Whither California?, Paul Cort
A Zero-Emissions Future: Whither California?, Paul Cort
UC Law Environmental Journal
No abstract provided.
California’S Cap And Trade Extension: How Senate Bill 775 Envisioned A New Path To Reduce Greenhouse Gas Emissions, Bob Wieckowski
California’S Cap And Trade Extension: How Senate Bill 775 Envisioned A New Path To Reduce Greenhouse Gas Emissions, Bob Wieckowski
UC Law Environmental Journal
No abstract provided.
Contaminated Groundwater As A Resource In California, Kimberly Bick
Contaminated Groundwater As A Resource In California, Kimberly Bick
UC Law Environmental Journal
No abstract provided.
California’S Response To The Trumpian Rollback Of Wetland Protections Under The Clean Water Act, Clark Morrison
California’S Response To The Trumpian Rollback Of Wetland Protections Under The Clean Water Act, Clark Morrison
UC Law Environmental Journal
No abstract provided.
H.R. 23: An Assault On Water Resource Conservation And California’S State Sovereignty, Ross Middlemiss
H.R. 23: An Assault On Water Resource Conservation And California’S State Sovereignty, Ross Middlemiss
UC Law Environmental Journal
No abstract provided.
Hope Is A Song In A Weary Throat: An Interview With Julia Olson, Olivia Molodanof, Jessica Durney
Hope Is A Song In A Weary Throat: An Interview With Julia Olson, Olivia Molodanof, Jessica Durney
UC Law Environmental Journal
No abstract provided.
Funding A Right To Clean Water: The Financial Challenges Of Ab 685, John J. Schatz
Funding A Right To Clean Water: The Financial Challenges Of Ab 685, John J. Schatz
UC Law Environmental Journal
No abstract provided.
Colonial Fences Make Contentious Neighbors: Policy, Law, And Climate Refugees In India, Abigail Blue
Colonial Fences Make Contentious Neighbors: Policy, Law, And Climate Refugees In India, Abigail Blue
UC Law Environmental Journal
No abstract provided.
Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit, Meredyth Merrow
Towers, Trees, And Transmission Lines: The Fight Between Property Rights, Power, And Profit, Meredyth Merrow
UC Law Environmental Journal
No abstract provided.
California’S Next Environmental Frontier: Climate Justice Leadership, Suma Peesapati
California’S Next Environmental Frontier: Climate Justice Leadership, Suma Peesapati
UC Law Environmental Journal
No abstract provided.
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
UC Law SF International Law Review
In recent years, the media exposure and judicial exoneration of wrongfully convicted defendants in a number of high-profile capital cases in China have attracted the attention of reformers, the general public, and policy makers—both domestic and international. Yet, until now, there has been merely a thin body of empirical literature on this salient research topic. This lack of academic attention is due to the political sensitivity of the topic and the lack of publicly-accessible data. This paper is aimed at filling this critical gap in the literature. Based on in-depth analysis of 122 deathsentenced innocents, of which 109 have been …
Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama
Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama
UC Law SF International Law Review
The development of a legal system under globalization has impacted the legal practice of cross-border transactions. Businesses are confronted with several legal systems in foreign jurisdictions, as well as, foreign languages. On the other hand, the role of the legal system of each country becomes relatively diminished in the area of cross border transactions. The legal risk may materialize as uncertain knowledge and recognition of foreign legal systems and international law. From this perspective, it is more important to understand the roles of lawyers who support solving legal issues in transnational business. Cross-border transactions involve several different jurisdictions where the …
Revolutionary Reform In German Constitutional Law, Stephan Jaggi
Revolutionary Reform In German Constitutional Law, Stephan Jaggi
UC Law SF International Law Review
Since German unification in October 1990, this diagnosis of constitutionalism in Germany is only partly true. In the wake of German unification, the BVerfG acted within Ackerman’s revolutionary model and did refer to revolutionary achievements of the constitutional past. Contrary to Ackerman’s evaluation, the Court engaged in what I call “revolutionary reform” of German constitutional law by taking up revolutionary constitutional achievements of the East German 1989 Revolution and integrating them into the existing constitutional order under the West German Basic Law (Grundgesetz; GG). It is through revolutionary reform, I will argue, that the BVerfG has brought important change to …
From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott
From Satirical To Satyrical: When Is A Joke Actionable?, Sandra Davidson Scott
UC Law SF Communications and Entertainment Journal
This Article was selected from Volume 13, Number 2 of the Hastings Communications and Entertainment Law Journal. In light of President Donald Trump’s threats to change the current libel law, this Article was selected to address topics including Jerry Falwell’s unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation for name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputation by raising suspicions that statements are based on facts that are merely stretched.
Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis
Moral Rights For Musical Compositions In The United States:It’S Not Just Fair, It’S An Obligation, Becca E. Davis
UC Law SF Communications and Entertainment Journal
This paper seeks to establish that the United States has a quasi-obligation to enact comprehensive moral rights legislation to remain compliant with the minimum protection standards set forth by the Berne Convention of 1886. In order to alleviate the anticipated economic and societal concerns stemming from this idea, this paper presents musical compositions as the initial work of authorship to receive moral rights, gradually easing the United States’ transition into full compliance with the Berne Convention. Part I of this paper will cover a brief history of music law in the United States, focusing on how the exclusive rights granted …
Illuminating The Dark Act, Samantha Ricci
Illuminating The Dark Act, Samantha Ricci
UC Law Constitutional Quarterly
Labeling is a primary method of providing information about food such as the production, ingredients, and nutrition facts-but what happens when labels become less accessible? This Note explores the justice implications of the first genetically modified organism (GMO) labeling bill, The Safe and Accurate Food Labeling Act, or known to opponents as The DARK Act (Denying Americans the Right to Know). This Act allows for a "QR" code, website, or 1-800 number to constitute a label for GMO labeling requirements. This Act discriminates against 100 million Americans who do not own smart phones or have access to Wi-Fi or data, …
Class Houses: Fragility And Disunity In The Ranks Of Academe Or Democratizing The Future Of Legal Education According To The Vision Of Ivan Illich, Monica Teixeira De Sousa
Class Houses: Fragility And Disunity In The Ranks Of Academe Or Democratizing The Future Of Legal Education According To The Vision Of Ivan Illich, Monica Teixeira De Sousa
UC Law Journal of Race and Economic Justice
No abstract provided.
Building A Fair And Just New York: Decriminalize Transactional Sex, Frankie Herrmann
Building A Fair And Just New York: Decriminalize Transactional Sex, Frankie Herrmann
UC Law Journal of Race and Economic Justice
No abstract provided.
Comparative Law In A Time Of Nativism, Margaret Woo
Comparative Law In A Time Of Nativism, Margaret Woo
UC Law SF International Law Review
Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward. This article examines what the turn to nativism means for the …
Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós
Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós
UC Law SF International Law Review
The relatively short catalogue of rights recognized by the Constitution of the United States, coupled with their near exclusive articulation as political and civil rights of a negative character opposable only to state action, has substantially narrowed the scope of analysis as to the different features and manifestations of constitutional rights in general. This has led the debate amongst U.S. scholars to focus their attention to rights as a sometimes simplistic dichotomy between negative political rights on the one hand, and positive socioeconomic rights on the other, which are more typically found in modern, teleological constitutions. In this brief Article, …
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura
UC Law SF International Law Review
Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr. Stiglitz …
Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama
Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama
UC Law SF International Law Review
Japanese lawyers have faced the globalization of legal markets for decades. The first wave of globalization was characterized by inbound work. It came in 1987, when Japan opened its legal markets to foreign lawyers. Since then, foreign law firms have established offices in Japan and practiced together with Japanese lawyers on international legal matters. The second wave of globalization was characterized by outbound work. Japanese lawyers practicing outside of Japan have increased significantly in the past several years. My presentation briefly describes activities of the Japan Federation of Bar Associations (“JFBA”) in the context of the globalization of Japanese lawyers.
Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama
Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama
UC Law SF International Law Review
Globalization came to the Japanese legal community as a form of legal reform early in the millennium. The reform has impacted not only business lawyering, but also public interest lawyering, which aims at access to justice (see Parts I and II). The growing national budget has improved legal services for the underrepresented (see Part III). The increasing number of Japanese lawyers has brought improvement in access to justice to thinly populated areas. More attorneys seek careers as in-house lawyers in business or public interest organizations such as the United Nations (see Parts IV, V). The negative effects of public interest …
Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach
Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach
UC Law SF International Law Review
Space Law is often described as a collection of more or less amusing and unrealistic rules. For society, outer space is more of an imaginary sphere than a concrete space of Public International Law. That is why it is an ambitious project to explain that the international community of States has created a legal order for exploring and using outer space by concluding a binding international treaty. With a duration of 50 years, the Outer Space Treaty is in an advanced age. This special anniversary represents good reason to evaluate basic decisions and to predict future challenges of this modern …
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
UC Law SF International Law Review
Modern penitentiaries offer valuable insight on the core of society’s sensibilities, perceptions, and values. They shed light on the relation between the State and the citizenry, particularly the lower classes. Beyond its explicit reformative goals to the criminal justice system, the penitentiary functions to affect social policy through norms of decency and respect for human rights. From the unique architectural choices to the minute logistical details, a government makes choices that intimately speak on how it views its most vulnerable groups of individuals. The origins of the penitentiary offer insight into the circumstances that interweave to organize the social fabric …
Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu
Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu
UC Law SF International Law Review
Secession becomes a source of controversies again both within and outside the United States. In both political discourse and public imagination, the image of secession of the South in the mid-nineteenth century, as well as the Civil War it triggered, occupies an important position. Conducted in blood, the end of the Civil War is usually thought to establish a constitutional rule that no state shall secede from the Union. Challenging the conventional understanding, recent legal scholarship has shown that the legality/constitutionality of secession did not receive a definitive, legal answer at Appomattox. But the question remains: Why so? Explaining the …