Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1262)
- International Law (952)
- Comparative and Foreign Law (917)
- Intellectual Property Law (877)
- Entertainment, Arts, and Sports Law (849)
-
- Communications Law (847)
- Environmental Law (627)
- Business Organizations Law (271)
- Judges (258)
- Law and Gender (247)
- Law and Race (221)
- Science and Technology Law (174)
- Legal Ethics and Professional Responsibility (121)
- Criminal Law (100)
- Criminal Procedure (95)
- Civil Procedure (70)
- Evidence (55)
- Civil Rights and Discrimination (46)
- Legal Biography (39)
- Legal Education (39)
- Labor and Employment Law (35)
- Tax Law (28)
- Taxation-Federal (28)
- Water Law (27)
- Administrative Law (26)
- Legal Profession (25)
- Courts (23)
- Contracts (20)
- Dispute Resolution and Arbitration (20)
- Keyword
-
- Japan (9)
- Litigation (3)
- Cigarette tax (2)
- Class Action (2)
- Gender (2)
-
- Legal Education (2)
- 947 (1)
- Alzheimer's (1)
- Attorneys (1)
- Carceral health law (1)
- China (1)
- Civil Rights and Discrimination (1)
- Collaborative Scholarship (1)
- Consent (1)
- Criminal Justice (1)
- Criminal Trials (1)
- Deliberate indifference (1)
- Delphi (1)
- Dementia (1)
- Drug (1)
- Drug approval process (1)
- Drug industry (1)
- Drugs (1)
- Economics (1)
- Environmental Litigation (1)
- Estelle v. Gamble (1)
- Feasibility (1)
- Federal agencies (1)
- Federalism (1)
- Financial and legal care planning (1)
- Publication Year
- Publication
-
- UC Law Journal (3156)
- UC Law Constitutional Quarterly (1245)
- Faculty Scholarship (1022)
- UC Law SF International Law Review (890)
- UC Law SF Communications and Entertainment Journal (846)
-
- UC Law Environmental Journal (604)
- UC Law Business Journal (266)
- UC Law Journal of Race and Economic Justice (218)
- UC Law SF Journal on Gender and Justice (204)
- UC Law Science and Technology Journal (156)
- The Judges' Book (148)
- Publicity & News Clippings (99)
- Hastings Journal of Crime and Punishment (26)
- Taxation & Traynor (20)
- Initiatives (3)
- Publication Type
Articles 1381 - 1410 of 8903
Full-Text Articles in Law
Sex, Drones & Videotape: Rethinking Copyright’S Authorship-Fixation Conflation In The Age Of Performance, John Tehranian
Sex, Drones & Videotape: Rethinking Copyright’S Authorship-Fixation Conflation In The Age Of Performance, John Tehranian
UC Law Journal
For more than two centuries, the Copyright Act has eschewed the task of defining authorship. However, with the decoupling of the act of creation from the act of fixation and the dramatic advance of technology, the issue of authorship has gained renewed relevance in recent years, as questions of authorship have permeated numerous high-profile legal controversies. To cite a few examples, the metaphysics of authorship lay at the heart of copyright squabbles involving Naruto (the crested macaque who famously took a selfie), Cindy Lee Garcia (the actress who received death threats for her appearance in the controversial movie The Innocence …
Big Data, Price Discrimination, And Antitrust, Ramsi A. Woodcock
Big Data, Price Discrimination, And Antitrust, Ramsi A. Woodcock
UC Law Journal
Antitrust law today guarantees a particular distribution of wealth between consumers and firms by promoting competition in some markets, but allowing firms to retain pricing power in other markets, such as those in which a firm has achieved power through oligopoly or by fielding a superior product. By giving firms the power to identify individual consumers at the point of sale and determine the maximum price that each consumer can be made to pay for a product, big data will soon allow firms with pricing power to charge each consumer the highest price that the consumer is able to pay, …
Examining The Conditions Of Confinement For Civil Detainees Under California’S Sexually Violent Predators Act, Dana Sherman
Examining The Conditions Of Confinement For Civil Detainees Under California’S Sexually Violent Predators Act, Dana Sherman
UC Law Journal
“Civil detainees” under the Sexually Violent Predators Act include those persons who have already served their criminal sentences, but are still caged in prisons, awaiting court determination of whether or not they should be civilly committed to a state mental hospital. During this excruciatingly long waiting period, detainees endure conditions of confinement worse than they experienced when they were prisoners, and worse than they would experience if they were eventually to be committed to a state hospital. Does the disparate treatment while in legal limbo deprive these civil detainees of their statutory and constitutional rights? This Note examines relevant portions …
Online Browsing: Can, Should, And May Companies Combine Online And Offline Data To Learn About You?, Michelle Geronimo
Online Browsing: Can, Should, And May Companies Combine Online And Offline Data To Learn About You?, Michelle Geronimo
UC Law Science and Technology Journal
No abstract provided.
Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes
Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes
UC Law Science and Technology Journal
No abstract provided.
Advancing Migrants’ Rights In The United States Using International Law, Lisa Reinsberg, Brittany West
Advancing Migrants’ Rights In The United States Using International Law, Lisa Reinsberg, Brittany West
UC Law SF International Law Review
No abstract provided.
Lot Network Too Big For Antitrust?, Robert Yang
Lot Network Too Big For Antitrust?, Robert Yang
UC Law Science and Technology Journal
No abstract provided.
Low-Wage Workers And Bullying In The Workplace: How Current Workplace Harassment Law Makes The Most Vulnerable Invisible, E. Christine Reyes Loya
Low-Wage Workers And Bullying In The Workplace: How Current Workplace Harassment Law Makes The Most Vulnerable Invisible, E. Christine Reyes Loya
UC Law SF International Law Review
No abstract provided.
Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer
Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer
UC Law SF International Law Review
The last decade has seen an increase in focus on the plight of the unrepresented, as well as a recognition that these needs are growing dramatically. In 2006, the American Bar Association formally adopted a resolution calling for the provision of counsel to low income individuals in cases involving shelter, sustenance, safety, health and child custody. The ABA recognized the social costs in each of these areas when counsel is not available.
Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi
Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi
UC Law SF International Law Review
No abstract provided.
The Reception And Processing Of Minors In The United States In Comparison To That Of Australia And Canada: Would Being A Party To The Un Convention On The Right Of The Child Make A Difference In U.S. Courts?, Eliana Corona
UC Law SF International Law Review
No abstract provided.
Company Law And Autonomous Systems: A Blueprint For Lawyers, Entrepreneurs, And Regulators, Shawn Bayern, Thomas Burri, Thomas D. Grant, Daniel M. Häusermann, Florian Möslein, Richard Williams
Company Law And Autonomous Systems: A Blueprint For Lawyers, Entrepreneurs, And Regulators, Shawn Bayern, Thomas Burri, Thomas D. Grant, Daniel M. Häusermann, Florian Möslein, Richard Williams
UC Law Science and Technology Journal
No abstract provided.
What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder
What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder
UC Law SF Journal on Gender and Justice
The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.
Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton
Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton
UC Law SF Journal on Gender and Justice
Sexual assault is pervasive on college campuses across the country. Title IX mandates that school’s receiving federal funding protect student victims of sexual assault. Some campuses have gone further than the Title IX requirements and have created internal policies that are stacked against the accused and potentially reach the level of violating the accused’s constitutional rights. This note examines how Title IX has influenced academia and how unjust campus tribunals have caused accused male students to seek redress in federal courts for gender discrimination. This note will also examine the racial implications of Title IX and consider how race contributes …
Sexual Hostility A Mile High, Michelle L.D. Hanlon
Sexual Hostility A Mile High, Michelle L.D. Hanlon
UC Law SF Journal on Gender and Justice
Flight attendants have spent the past few decades eradicating the “pinup” girl persona that is often associated with their profession. This sexualized image has created a dangerous and harassing workplace environment for female flight attendants. This article addresses how the flight cabin is uniquely hostile workplace and how the International Civil Aviation Organization needs to take action to combat the gender discrimination and sexual harassment too common in this industry.
Foreword, Amy Depuy, Tyra Singleton
Foreword, Amy Depuy, Tyra Singleton
UC Law SF Journal on Gender and Justice
No abstract provided.
Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross
Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross
UC Law SF Journal on Gender and Justice
HWLJ hosts an annual Symposium every spring to bring together the greatest legal minds to discuss new, important, and complex legal issues. This year, HWLJ sought to inspire action through three panels that discussed the rapidly changing laws and policies affecting some of the most vulnerable communities.
Sex Panic And Videotape, Stephan Ferris
Sex Panic And Videotape, Stephan Ferris
UC Law SF Journal on Gender and Justice
In the November 2016 election, Californians voted on Proposition 60— a measure unfairly targeting the LGBT community’s production of pornography by mandating condoms in all adult entertainment production. This article examines the defeat of this proposed legislation and argues that similar legislation and policies are assimilationist practices that attack sexual autonomy and expression. This note will examine the scientific history and advancements of the HIV virus and how the AIDS Healthcare Foundation’s role in advancing a condom-only agenda, is out of touch with the scientific community.
Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr
Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr
UC Law SF Journal on Gender and Justice
This article examines paid paternal leave from a feminist perspective. First, this article aims to trace the history of gender roles in America and how the Family Medical Leave Act (FMLA) was enacted to allow women to maintain roles in both the public and private sphere. Second, this article explores how gender roles began to shift and more fathers sought FMLA leave to care for their children. This gender shift caused numerous shortcomings in law and public policy. This article will examine these shortcomings, compare various international paternal leave packages to each other, look to what deficiencies currently exist, and …
International Standards On Business And Human Rights: Is Drafting A New Treaty Worth It?, Connie De La Vega
International Standards On Business And Human Rights: Is Drafting A New Treaty Worth It?, Connie De La Vega
UC Law SF International Law Review
No abstract provided.
Regulation Through Deregulation: Sharing Economy Companies Gaining Legitimacy By Circumventing Traditional Frameworks, Diana Cao
UC Law Journal
The “sharing economy” is a term describing organized economic activity that may supplant the traditional corporate-centered model and encourages peer-to-peer transactions. It is a system of sharing underused assets or services, for free or for a fee, directly from individuals, bypassing traditional “middle men.” The sharing economy provides much of its services through on-demand platform, such as mobile apps, and matches customer needs with providers to immediately deliver these goods and services. Does the “sharing economy” share its risk with its consumers? Should the sharing economy be regulated? What effect does the lack of regulation have on its consumers, and …
The Demand For Fiduciary Services: Evidence From The Market In Private Donative Trusts, Adam Hofri-Winogradow
The Demand For Fiduciary Services: Evidence From The Market In Private Donative Trusts, Adam Hofri-Winogradow
UC Law Journal
Recent revelations on the use of fiduciary services raise concerns regarding their use for tax and creditor avoidance. Yet given the secrecy shrouding much of the fiduciary industry, we do not know which fiduciary services are used for such purposes, and to what extent. Shining a light on a particularly obscure part of the industry, this Article presents and analyzes the results of the first-ever global survey of professional service providers to private donative trusts, having obtained 409 usable responses from professionals in 82 jurisdictions, amplified by twenty-five interviews conducted with professional trust service providers in five jurisdictions. I report …
Minority Mens Rea: Racial Bias And Criminal Mental States, Francis X. Shen
Minority Mens Rea: Racial Bias And Criminal Mental States, Francis X. Shen
UC Law Journal
The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making “minority mens rea” a centerpiece of the justice process. This Article presents an empirical investigation of how jury eligible subjects decode minority mens rea. In a study involving over 1200 subjects, the Article explores whether subjects assign fictional protagonists named Jamal and Lakisha more culpable mental states than they assign to protagonists named John and Emily. The results show that, at least on this particular experimental task, racial bias does not affect the …
International Data Transfers: The Effect Of Divergent Cultural Views In Privacy Causes Déjà Vu, Alyssa Coley
International Data Transfers: The Effect Of Divergent Cultural Views In Privacy Causes Déjà Vu, Alyssa Coley
UC Law Journal
Whether operating globally or simply integrating services on the Internet, many business functions inevitably subject companies to a web of complicated international regulatory and legal requirements. For example, collecting customer information worldwide, working with suppliers abroad, or operating a foreign subsidiary each trigger an obligation to protect the personal data of the individuals involved with those transactions adequately, and in accordance with various jurisdictional specific. Because thousands of American companies are affected by Europe’s strict requirements, the Department of Commerce, along with the European Commission, implemented the International Safe Harbor agreement (“Safe Harbor”) to assist companies in complying with European …
The Right To Dignity In The United States, Michelle Freeman
The Right To Dignity In The United States, Michelle Freeman
UC Law Journal
Under the law, “dignity” is a principle that is often invoked, but ill-defined. The most recent and prominent example of this was the U.S. Supreme Court’s decision in Obergefell v. Hodges. There, the Court created a right to “dignity,” but failed to articulate what a right to dignity meant, or how far it reached. This Note attempts to provide a definition to the right created by the Supreme Court. To that end, this Note traces federal jurisprudence in order to determine what types of rights are considered to make up one’s “dignity.” This Note then examines the states’ use of …
“Let’S Play”: Youtube And Twitch’S Video Game Footage And A New Approach To Fair Use, Conrad Postel
“Let’S Play”: Youtube And Twitch’S Video Game Footage And A New Approach To Fair Use, Conrad Postel
UC Law Journal
Some of the most watched user-created videos on the Internet are recordings of individuals playing video games. These are commonly referred to as “Let’s Play” videos. The revenue that these videos can generate on YouTube and Twitch TV has created a multi-billion dollar industry. Unfortunately, this burgeoning industry utilizes copyright protected works. Some video game companies assert that “Let’s Play” videos infringe upon their copyright protection. The “Let’s Play” community claims that their videos fall within the fair use defense to copyright infringement claims. This Note analyzes how a court would apply the fair use defense to “Let’s Play” videos. …
California Constitutional Law: Popular Sovereignty, David A. Carrillo
California Constitutional Law: Popular Sovereignty, David A. Carrillo
UC Law Journal
In 1911, the California Constitution was amended to divide the state’s legislative power by reserving to the electorate the powers of initiative, referendum, and recall. Most of the thinking to date on popular sovereignty in California, and about the initiative power particularly, has focused on either a specific application of direct democracy, or on its broad practical effects on the state. No authority has attempted to define the fundamental nature of popular sovereignty in California, nor to craft a complete doctrinal solution for resolving challenges to direct democracy acts. Those tasks are the purpose of this Article. The Article considers …
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli
UC Law Journal
Professor Calvin R. Massey served on the faculty of the University of California, Hastings College of the Law from 1987 until 2012. From 2012 until his death in 2015, he served as the inaugural Daniel Webster Distinguished Professor of Law on the faculty of the University of New Hampshire School of Law. A noted constitutional law and property scholar, Professor Massey wrote two textbooks, published dozens of articles, and gave countless presentations over the course of his three decades in legal academia. While his scholarly interests were many and varied, he might be best known for his writings on the …
The Reality Of International Commercial Arbitration In California, Victoria Vlahoyiannis
The Reality Of International Commercial Arbitration In California, Victoria Vlahoyiannis
UC Law Journal
California is one of the largest economies in the world. It is home to many of the most successful companies in all sectors, especially health and technology. In recent years arbitration agreements, which have already been around for almost 100 years, have become boilerplate in most agreements with large California-headquartered companies. The United States Supreme Court continues to issue decisions in support of arbitration, most recently in DIRECTV, Inc. v. Imburgia. The courts in California, however, have counterintuitively stayed on the side of consumers by repeatedly denying enforcement of arbitration clauses, which forces their companies to go to more friendly …
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
UC Law Journal
Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomyit is easy …