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Articles 1411 - 1440 of 8903

Full-Text Articles in Law

Big Data And The Americans With Disabilities Act, Sharona Hoffman May 2017

Big Data And The Americans With Disabilities Act, Sharona Hoffman

UC Law Journal

While big data offers society many potential benefits, it also comes with serious risks. This Article focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (“ADA”) should be amended in response to the proliferation of big data in order to protect individuals who might be categorized as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the nontraditional mechanisms of social media, wellness …

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Daddy Or Donor? Uncertainty In California Law In The Wake Of Jason P. V. Danielle S., Amy Leah Holtz May 2017

Daddy Or Donor? Uncertainty In California Law In The Wake Of Jason P. V. Danielle S., Amy Leah Holtz

UC Law Journal

The era of technology has provided a proliferation of new scientific and technological methods designed to assist individuals and couples to successfully conceive children when they otherwise would not be able to: collectively known as “assisted reproduction technology” (“ART”). ART undoubtedly provides significant benefits, but at the same time opens the door to a new realm of legal disputes. Particularly, various forms of ART involve a third-partysuch as a sperm donor or a surrogatewhich raises the question of who will be treated as a legal parent of the child so conceived. The use of third-parties in ART has confounded traditional …

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“Strangers In A Strange Land”: Chinese Companies In The American Tax System, Ji Li Apr 2017

“Strangers In A Strange Land”: Chinese Companies In The American Tax System, Ji Li

UC Law Journal

Foreign direct investment (“FDI”) from emerging economies generally exhibits two distinct characteristics: (1) most of the investors thrive in poor regulatory environments, and (2) the visible hand of the state exerts a powerful influence. Due to these two features, emerging market FDI poses novel questions to tax law scholars and U.S. policymakers. For instance, will the investors import noncompliance practices? Or will they adapt to the complex and stringent regulatory regime of the host country? To answer these questions, this Article presents the first empirical study of Chinese multinational companies operating in the U.S. tax system. Despite wide gaps between …

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The Board’S Responsibility For Crisis Governance, Lawrence J. Trautman Apr 2017

The Board’S Responsibility For Crisis Governance, Lawrence J. Trautman

UC Law Business Journal

A clear strategy and implementation plan for reasonably foreseeable industry disasters--- before they take place, helps to prevent mistakes made under conditions of severe stress. Survivalthreatening disasters such as the BP Gulf of Mexico oil spill or natural disasters such as hurricanes, fires, or the March 11, 2011 Japanese earthquake and tsunami, constitute any board’s worse nightmare. I have attempted to draw upon lessons from each of these disasters and explore how they may be applied more generally across all industries when crisis strikes. While effective risk management is perhaps the topic highest on every board's agenda, it is imperative …

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From Sports Stadiums To The Stock Exchange: The Economic Agency Costs Of Fantex’S Income- Share Agreements With Professional Athletes, Nicole Medeiros Apr 2017

From Sports Stadiums To The Stock Exchange: The Economic Agency Costs Of Fantex’S Income- Share Agreements With Professional Athletes, Nicole Medeiros

UC Law Business Journal

With the advent of Yahoo! Fantasy Sports, FanDuel, and DraftKings, and other online platforms, sports enthusiasts can not only cheer for their favorite teams, but they can also draft a team of professional athletes, regularly monitor their players’ performances through detailed analytics, and even place friendly wagers. The recent launch of Fantex, a brand marketing and acquisition company, has taken fan engagement to the stock exchange by providing investors an opportunity to purchase stocks linked to their favorite athletes’ earnings. While income-share agreements are not entirely novel, Fantex is the first company to create and securitize income-share agreements with professional …

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Daily Fantasy Sports: A Call For Clear Guidelines, Paul Suh Apr 2017

Daily Fantasy Sports: A Call For Clear Guidelines, Paul Suh

UC Law Business Journal

Professional sports are no longer what they used to be. Imagine rooting for a “fantasy” team that consists of professional athletes, who may or may not have ties to your hometown, from different teams within the same amateur or professional organization. You question whether the countless hours of research spent in drafting your fantasy team were sufficient to win money from other contestants or participants by accruing “fantasy points” based on the statistical performances of individual athletes on a yearly or daily basis.

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The Deregulation Of Private Capital And The Decline Of The Public Company, Elisabeth De Fontenay Apr 2017

The Deregulation Of Private Capital And The Decline Of The Public Company, Elisabeth De Fontenay

UC Law Journal

From its inception, the federal securities law regime created and enforced a major divide between public and private capital raising. Firms that chose to “go public” took on substantial disclosure burdens, but in exchange were given the exclusive right to raise capital from the general public. Over time, however, the disclosure quid pro quo has been subverted: Public companies are still asked to disclose, yet capital is flooding into private companies with regulators’ blessing. This Article provides a critique of the new public-private divide centered on its information effects. While regulators may have hoped for both the private and public …

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Law In Hiding: Market Principles In The Global Legal Order, Odette Lienau Apr 2017

Law In Hiding: Market Principles In The Global Legal Order, Odette Lienau

UC Law Journal

Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens”collective presentations or beliefs about how markets workwhich are treated as objective descriptions at a particular time and place. This Article argues that such market givens should be understood as a kind of “law in hiding,” shaping the policy space available to states and other actors and affecting global legal developments in important but unrecognized ways. Drawing on examples from global financial law, rules on capital mobility, and sovereign debt practices, I demonstrate how market principles can provide the …

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Migration Emergencies, Jaya Ramji-Nogales Apr 2017

Migration Emergencies, Jaya Ramji-Nogales

UC Law Journal

Migration emergencies are a commonplace feature in contemporary headlines. Pundits offer a variety of causes provoking these emergencies. Some highlight the deadly risks of these journeys for the migrants. Many more express alarm at the potential threats these mass influxes pose to their destination countries. But few question whether these migrant flows are, as commonly portrayed, unexpected and unpredictable. This Article asks whether these migration emergencies are surprising events or the logical and foreseeable outcomes of the structural failures of the global migration system. In particular, it interrogates the architecture of international migration law, arguing that the current framework is …

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The Modern Legal Status Of Frozen Embryos, Alyssa Yoshida Apr 2017

The Modern Legal Status Of Frozen Embryos, Alyssa Yoshida

UC Law Journal

With the help of modern technology, people today have more flexibility than ever before in the realm of family planning and conceiving children. An increasing amount of couples are opting to go through in vitro fertilization to create and then freeze embryos for use at a later date. However, problems arise when these people no longer want to have children together. Our courts are still grappling with the issue of what happens to these embryos in the event of separation, and various theories of the legal status of an embryo have emerged in response, to try to shed light on …

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Making It Up: Lessons For Equal Protection Doctrine From The Use And Abuse Of Hypothesized Purposes In The Marriage Equality Litigation, Steve Sanders Apr 2017

Making It Up: Lessons For Equal Protection Doctrine From The Use And Abuse Of Hypothesized Purposes In The Marriage Equality Litigation, Steve Sanders

UC Law Journal

To survive rational basis scrutiny under the Equal Protection Clause, a law must serve a governmental purpose which is at least legitimate. It is well established that legitimate purposes can sometimes be found through speculation and conjecturethat is, they may be hypothesizedin order to avoid the difficulties of identifying actual purpose or the specter of courts second-guessing legislative judgments. But hypothesized purposes can be abused, and such abuse was rampant in the states’ defenses of their bans on same-sex marriage, bans which were ultimately invalidated in Obergefell v. Hodges. This Article draws on the federal marriage litigation as a lens …

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Regulating The Packaged Water Industry In Africa: Challenges And Recommendations, Jessica Vapnek, Ashley R. Williams Apr 2017

Regulating The Packaged Water Industry In Africa: Challenges And Recommendations, Jessica Vapnek, Ashley R. Williams

Faculty Scholarship

No abstract provided.

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Smart Cities, Big Data, And The Resilience Of Privacy, Janine S. Hiller, Jordan M. Blanke Feb 2017

Smart Cities, Big Data, And The Resilience Of Privacy, Janine S. Hiller, Jordan M. Blanke

UC Law Journal

Smart Cities are designed to ubiquitously collect information about people, places, and activities and to use that data to provide more efficient services and to build resilience against disasters. Projects like the Rockefeller Foundation-funded “100 Resilient Cities” are exploring how big data can be used to design and strengthen resilience in cities around the world. Large technology companies are helping to design and secure components of the Internet of Everything, which is part of a smart city structure. Relationships between governments and citizens, as well as between individuals and businesses, will see substantial changes due to this rapidly expanding collection …

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Trade Secret Precautions, Possession, And Notice, Deepa Varadarajan Feb 2017

Trade Secret Precautions, Possession, And Notice, Deepa Varadarajan

UC Law Journal

To obtain trade secret protection, a firm must take reasonable secrecy precautions (“RSP”) to guard the confidentiality of claimed information. The RSP requirement has long puzzled courts and scholars. In other areas of property and intellectual property law, such self-help is not a prerequisite for legal rights. Landowners, for example, do not have to fence their property as a condition of ownership. Requiring claimants to take secrecy precautions also seems to contradict trade secret law’s underlying rationales of promoting innovation and information sharing. Existing scholarship fails to provide a convincing justification for the requirement or explain how it advances the …

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Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter Feb 2017

Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter

UC Law Journal

Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of …

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Correcting Computer Vision: The Case For Real Eyes After Lenz, M. Jake Feaver Feb 2017

Correcting Computer Vision: The Case For Real Eyes After Lenz, M. Jake Feaver

UC Law Journal

The internet brought plentiful opportunities for sharing content between individuals. However, along with those opportunities, the potential for abuse and intellectual property infringement increased steadily. When Congress passed the Digital Millennium Copyright Act it attempted to provide protection for the service providers that served as the foundation for the internet’s prosperity and for the content producers who grew its fruits. In accordance with this Act, service providers and copyright enforcers built algorithms to determine when content was infringing and when it was not. The recent Ninth Circuit decision in Lenz v. Universal Music Corp. established that a copyright holder must …

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Changing Tides For Captive Marine Mammals: What The Future Holds For Captive Care Requirements, Isabella Langone Feb 2017

Changing Tides For Captive Marine Mammals: What The Future Holds For Captive Care Requirements, Isabella Langone

UC Law Journal

When the marine mammal entertainment industry emerged in the 1960s, companies like SeaWorld captured orcas and dolphins from the wild and put the animals on display to bring joy and entertainment to the masses. In 1972, Congress enacted the Marine Mammal Protection Act, which prohibited the capture of marine mammals from the wild. In response to this legislation, SeaWorld and other parks implemented breeding programs to maintain their mammal collection without having to capture wild animals. Conservationists and animal rights activists have protested this practice for decades, but only recently has the larger public engaged in widespread disapproval of marine …

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How The Constitution Became Christian, Jared A. Goldstein Feb 2017

How The Constitution Became Christian, Jared A. Goldstein

UC Law Journal

Movements dedicated to making the United States a “Christian nation” have been a recurrent feature in American politics for more than 150 years. Over that time, however, the relationship between Christian nationalism and the Constitution has undergone a dramatic change. Nineteenth century Christian nationalists denounced the Constitution as a godless document unworthy of a Christian nation and fought for an amendment to express the nation’s Christian faith. In contrast, the contemporary Christian Right that coalesced in the 1970s lauds the Constitution as the highest expression of the nation’s Christian identity. This Article asks how the Constitution becamefor many Americans, at …

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Regulating With Reasonable Use:Lessons From Drought Management In The Russian River Watershed, John Ugai Jan 2017

Regulating With Reasonable Use:Lessons From Drought Management In The Russian River Watershed, John Ugai

UC Law Environmental Journal

No abstract provided.

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The Second Amendment And The Struggle Over Cryptography, Eric Rice Jan 2017

The Second Amendment And The Struggle Over Cryptography, Eric Rice

UC Law Science and Technology Journal

No abstract provided.

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Constitutional Protection For Future Generations From Climate Change, Ylam Nguyen Jan 2017

Constitutional Protection For Future Generations From Climate Change, Ylam Nguyen

UC Law Environmental Journal

No abstract provided.

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Mono Lake, Matthew J. Brown Jan 2017

Mono Lake, Matthew J. Brown

UC Law Environmental Journal

No abstract provided.

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Editor In Chief Note, Matthew J. Brown, Morgan B. Mcgill Jan 2017

Editor In Chief Note, Matthew J. Brown, Morgan B. Mcgill

UC Law Environmental Journal

No abstract provided.

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California’S Drought And The Environment: An Introduction, Leon F. Szeptycki, Brian E. Gray Jan 2017

California’S Drought And The Environment: An Introduction, Leon F. Szeptycki, Brian E. Gray

UC Law Environmental Journal

No abstract provided.

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Conjunctive Use On The Yuba: Lessons From Drought Management In The Yuba Watershed, John Ugai Jan 2017

Conjunctive Use On The Yuba: Lessons From Drought Management In The Yuba Watershed, John Ugai

UC Law Environmental Journal

No abstract provided.

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Ad-Hoc Drought Management On An Overallocated River: The Stanislaus River, Water Years 2014-15, Philip Womble Jan 2017

Ad-Hoc Drought Management On An Overallocated River: The Stanislaus River, Water Years 2014-15, Philip Womble

UC Law Environmental Journal

No abstract provided.

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Low Flows, High Stakes: Lessons From Fisheries Management On Mill, Deer, And Antelope Creeks During California’S Historic Drought, Elizabeth Vissers Jan 2017

Low Flows, High Stakes: Lessons From Fisheries Management On Mill, Deer, And Antelope Creeks During California’S Historic Drought, Elizabeth Vissers

UC Law Environmental Journal

No abstract provided.

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The Future Of Transnational Self-Regulation – Enforcement And Compliance In Professional Services, Panagiotis Delimatsis Jan 2017

The Future Of Transnational Self-Regulation – Enforcement And Compliance In Professional Services, Panagiotis Delimatsis

UC Law SF International Law Review

The increased expansion of economic activity beyond national borders leads to a shift of regulatory power. Public authorities concede power, explicitly or tacitly, to private bodies, whereas the multilayered ecology of global governance inevitably increases the role of transnational institutional structures. This article examines such developments in the area of professional services. It starts by analyzing the self -regulation phenomenon in professional services and points to examples where professional associations accentuate their unique nature t o justify the importance of nonintervention in their internal affairs. Powerful professional associations have been thereby created, which, depending on the services subsector (e.g., legal, …

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Schedding Light On Eu Financial Regulators: A Sociological And Physchological Perspective, Giuliano G. Castellano, Geneviève Helleringer Jan 2017

Schedding Light On Eu Financial Regulators: A Sociological And Physchological Perspective, Giuliano G. Castellano, Geneviève Helleringer

UC Law SF International Law Review

In the aftermath of the 2007-2009 Global Financial Crisis, financial regulation in the European Union, following an international trend, underwent a process of intensive legal reforms that led to the revision of the legal premises underpinning the EU architectural framework for financial regulation and supervision. The EU has attempted to design a better equipped supranational apparatus for the governance of financial markets and crises. This effort accompanies a more general questioning of the role of law in the financial sector. The interaction between financial entities and legal rules has been reexamined and novel theories have focused on the idea that …

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Challenges And Opportunities Of The China-Gulf Cooperation Council Free Trade Agreement, Gonzalo Villalta Puig, Alice Tung Ho Yee Jan 2017

Challenges And Opportunities Of The China-Gulf Cooperation Council Free Trade Agreement, Gonzalo Villalta Puig, Alice Tung Ho Yee

UC Law SF International Law Review

The free trade agreement between China and the Gulf Cooperation Council (“GCC”) currently under negotiation is due to become China’s first comprehensive trade and investment agreement with a supranational customs union. The article explores the challenges and opportunities of the proposed China-GCC Free Trade Agreement. It proposes tailor-made recommendations according to the specific interests of both parties

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