Law Commons^™

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

UC Law Environmental Journal

No abstract provided.

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

UC Law Environmental Journal

No abstract provided.

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.

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, …

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 …

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

Background Checks And Employment Discrimination: Distant Parallels Between U.S. And Eu Privacy Regimes, Eugene Frid

UC Law SF International Law Review

In 2012, Halstead Management Company offered Kevin A. Jones a job as a doorman in New York City. After the company requested a criminal background check on Mr. Jones, his offer was rescinded. Although Mr. Jones had no criminal record, Sterling Infosystems, the large company tasked with doing the background check, mixed up his information with the information of Kevin M. Jones, a different man with at least three criminal convictions.

Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley

UC Law SF Communications and Entertainment Journal

The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.

The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …

From Alappat To Alice: The Evolution Of Software Patents, Fabio E. Marino, Teri H. P. Nguyen

UC Law Science and Technology Journal

No abstract provided.

Help Save The Seeds: A Call To Action For Local Governments To Introduce Legislation To Protect Community Seed Sharing, Libraries And Exchanges, Jordyn Ashley Bishop

UC Law Science and Technology Journal

No abstract provided.

Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick

UC Law Science and Technology Journal

No abstract provided.

Joshua Tree, Matthew J. Brown

UC Law Environmental Journal

No abstract provided.

A Battle Between Farmers And Environmentalists: Exploring The Implications Of The Westlands Water District Drainage Settlement, Morgan B. Mcgill

UC Law Environmental Journal

No abstract provided.

Managing California’S Water: A Look At The Sustainable Groundwater Management Act Of 2014, Matthew J. Brown

UC Law Environmental Journal

No abstract provided.

A Tipsy Balance: Dormant Commerce Clause Limits On A State's Prerogatives Under The Twenty-First Amendment, Sherry Truong

UC Law Constitutional Quarterly

The Eighteenth Amendment, which prohibited alcohol distribution and sales nationwide, signaled a shift in American culture that valued temperance and lawfulness. States exercised their expanded plenary powers by creating and enforcing laws banning alcohol within state borders, giving rise to continual challenges to regulatory schemes that arguably ran afoul of the Commerce Clause. Over a decade later, the prohibitionist movement faltered as public support waned, paving the way for the ratification of the Twenty-first Amendment and thereby abolishing Prohibition, leaving the Supreme Court with the task of balancing and enforcing limits on state power to regulate alcohol. In Granholm v. …

Dignity And The Death Penalty In The United States Supreme Court, Bharat Malkani

UC Law Constitutional Quarterly

The concept of dignity is central to moral and legal issues about the death penalty. The United States Supreme Court has justified the use of dignity to retain the use of the death penalty. However, this article argues that dignity should not be used as a means to uphold the use of capital punishment. Instead, the concept of dignity involves the relationship between the "human dignity" of the people involved in the crime, the dignity of the wider community in whose name the death penalty is being imposed, and the dignity of the legal institution that administers capital punishment. As …

The Reproducibility Of Evolving Social Science Evidence And How It Shapes Equal Protection Jurisprudence, Penney P. Azizi

UC Law Constitutional Quarterly

In Brown v. Board of Education, the Supreme Court ruled that state laws establishing segregation in schools were unconstitutional, overturning Plessy v. Ferguson. In its decision, the Court discussed and cited to social science evidence, which garnered criticism from many legal scholars and ignited a debate as to whether the use of such evidence had a place in Equal Protection jurisprudence. Over thirty years later, in McClesky v. Kemp, the Court rejected the incorporation of social science data in its decision and, instead, applied the Intent Doctrine. Since McClesky, the Court has consistently upheld the use of the Intent Doctrine …

Protecting Our Defenders: The Need To Ensure Due Process For Women In The Military Before Amending The Selective Service Act, Kelsey L. Campbell

UC Law Constitutional Quarterly

On January 1, 2016, all previously closed frontline military occupations were opened to women for the first time in U.S. history. Shortly thereafter, several military leaders and politicians stated that due to the change in policy, women were then "equal to men" in the military and, therefore, should be required to register for Selective Service-the system that maintains a list of Americans fit for service in the event a military draft is requested by the president. While the recent change extended employment opportunity to women within the military, a number of polices and laws prevent women from achieving equality in …

Foreword, Amy Depuy, Tyra Singleton

UC Law SF Journal on Gender and Justice

No abstract provided.

Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir

UC Law SF Journal on Gender and Justice

The Crime Victim’s Rights Act has given victims “the right to participate in the system.” However, crime victims remain marginalized as their involvement in plea agreements is yet under enforced. This article reveals the largely unnoticed gap between the victim’s rights and the disadvantaged reality they experience in plea agreements. Further, the paper identifies the legal causes that led to this gap; namely, the broad discretion and dominance of the prosecution on the one hand, and the victim’s lack of enforcement mechanisms to participate on the other. The article provides a solution whose novelty is twofold. First, the solution advocated …

Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich

UC Law SF Journal on Gender and Justice

This paper indicates initial signs of a far-reaching interaction between Jewish law, civil law, and society, which goes to the very heart of the concept of motherhood in cases of assisted reproductive technologies. The paper argues that both civil law and Jewish law are dynamic. They influence one another very deeply, and both are affected by the social reality (which itself is, of course, dynamic by nature). But this influence is not only on the practical level. Within Jewish law, the paper reveals a fascinating process of a conceptual paradigmatic change: from a substantive approach to parenthood to a functionalist …

Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady

UC Law SF Journal on Gender and Justice

Revenge porn is a growing phenomenon where the victim is constantly re-victimized as the intimate photographs are shared across the Internet. Once a picture has been uploaded victims have no control over its distribution. The current patchwork of state criminal laws is often inadequate because the victim cannot utilize them to force websites to remove the photographs, the laws are often inadequate, and often police or legislatures fail to recognize that revenge porn is a type of sexual exploitation. States are only now beginning to take the complaints seriously. This paper sets out to define revenge porn, explain why it …

Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma

UC Law SF Journal on Gender and Justice

The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which …

The Principal Theory, Jennifer Twist, Merienne Star Blake

UC Law SF Journal on Gender and Justice

Prison inmates Jennifer Twist and Merienne Star Blake are just two of hundreds of women who are currently serving life sentences on a “Principal Theory.” This theory contains and entails that being at the scene or near the scene of the crime indicates a guilty demeanor as much as the person who actually committed the crime. The theory does not account for mitigating factors of trauma that many women face. Twist and Blake stand up as warriors for this cause and give a voice to the many woman serving life without parole on the basis of the Principal Theory.

The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo

UC Law SF Journal on Gender and Justice

This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model …

Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak

UC Law SF Journal on Gender and Justice

This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.

Agent Narc Is Not Your Client: Reflections On The Proper Understanding Of The Relationship Between Prosecutors And Investigating Agencies, Carrie Leonetti

UC Law Constitutional Quarterly

Assistant United States Attorneys increasingly conceive federal lawenforcement agents as their "clients" in criminal prosecutions. As both a descriptive and normative matter, this cannot be right. As a descriptive matter, official interpretations by the Department of Justice, the bench, the bar, and academic commentators almost always reject this "client" conception. It is inconsistent with the conception of prosecutorial obligations espoused by Brady v. Maryland, the American Bar Association model rules of ethics, federal statutes, and evidentiary law. As a normative matter, it could have serious implications for the law of attorney malpractice, prosecutorial immunity, the disclosure of favorable evidence to …

Family Responsibilities Discrimination In The Public Sector: Maximizing The Use Of Section 1983 To Enforce Constitutional Rights, Stephanie Dominguez

UC Law Constitutional Quarterly

Family responsibilities discrimination ("FRD") claims have become a far more prevalent issue in employment cases. FRD is a workplace discrimination based on an employee's actual or perceived responsibility to care for a family member, including pregnancy discrimination. Although some states and local jurisdictions have passed legislation that specifically prohibits FRD in the workplace, no federal statute expressly prohibits FRD. This Note focuses on how state and local government employees who face FRD can use federal employment statutes such as 42 U.S.C. section 1983 ("Section 1983") to enforce their constitutional due process and equal protection rights. Part I of this Note …

Constitutional Protection For Future Generations From Climate Change, Ylan Nguyen

UC Law Constitutional Quarterly

This Note offers a comprehensive look at the constitutional rights of future generations with respect to climate change. On August 12, 2015, Our Children's Trust filed a lawsuit against the federal government asserting that the government has failed to protect present and future generations from a human caused climate catastrophe. Inspired by Our Children's Trust's lawsuit, this Note seeks to establish that future generations are entitled to constitutional protection from climate change.

This Note consists of five sections aimed at showing that future generations are entitled constitutional protection from climate change and seeks to establish that the federal government has …

Constitutional Implications On Block Pricing In The California Water Market, Deeba Fahami

UC Law Constitutional Quarterly

Due to the severity of the recent drought, those residing in California have realized the devastating effects of climate change. As California continues to experience amplified weather conditions and diminished water supply, the state must adapt to drought conditions and mitigate the impacts of droughts. In order to do so, municipal water pricing mechanisms that send price signals to consumers to conserve water should be enforced to ensure the longevity of California's water supply. In particular, increasing block-pricing structures are a favorable market-based solution that disincentivizes heavy water consumption while allowing essential water use to remain affordable.

The California Constitution …