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Articles 1561 - 1590 of 8918
Full-Text Articles in Law
Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, Harold J. Krent, Scott Morris
Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, Harold J. Krent, Scott Morris
UC Law Journal
This study of federal court decisionmaking asks whether characteristics of a jurist including age, race, gender, and work experience, can affect results in the context of the nation’s most frequently litigated administrative law dispute—social security disability claims. SSDI cases by and large are similar, turning most frequently on claims of mental illness and muscular skeletal pain. Thus, there is ample room for discretion among ALJs and federal judges in determining whether an applicant is entitled to benefits. The results are remarkable both in what they showed and did not show. First, decisionmaking patterns among district court judges and magistrates both …
Remedial Clauses: The Overprivatization Of Private Law, Seana Valentine Shiffrin
Remedial Clauses: The Overprivatization Of Private Law, Seana Valentine Shiffrin
UC Law Journal
This Article considers the growing trend to enforce liquidated damages agreements or what I think are more felicitously called “remedial clauses.” I criticize this trend on the grounds that a permissive approach to enforcing remedial clauses contravenes important public values. Although many have claimed the traditional presumption against such clauses is mysterious or unsupported, I contend that the traditional presumption against such clauses enforces important values central to the rule of law, including that private parties should not decide their own cases and that the public has a special interest in deciding what remedies are appropriate for breaches of legal …
Network Equality, Olivier Sylvain
Network Equality, Olivier Sylvain
UC Law Journal
One of the clear goals of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet the main focus of policymakers and legal scholars of Internet policy today has been on promoting innovation, a concept that Congress barely invokes in the statute. The flagship regulatory intervention for this approach is “network neutrality,” a rule that forbids Internet providers from blocking or interfering with users’ connections. To the extent that net neutrality addresses the distributional goals of communications law, it posits that openness will foster …
Beyond Control And Without Fault Or Negligence: Why Japan Should Be Excused From Meeting Its Kyoto Protocol Obligations, Regina Durr
UC Law Journal
The purpose of this Note is to show how force majeure can excuse Japan from its reduced CO2 emissions target due under the Kyoto Protocol. The Kyoto Protocol is the first and only binding international agreement to reduce CO2 emissions amongst industrialized and developing countries. This Note draws upon contract principles and data sources, including political news sources and environmental studies, to demonstrate how the elements of a force majeure event were met in the wake of the earthquake and tsunami of March 2011 that led to the Fukushima Daiichi Nuclear Power Plant disaster. Through showing how far-reaching simultaneous acts …
Sex Trafficking Legislation Under The Scope Of The Harm Principle And Moral Panic, Lesley Rae Hamilton
Sex Trafficking Legislation Under The Scope Of The Harm Principle And Moral Panic, Lesley Rae Hamilton
UC Law Journal
On May 20, 2014 the House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). The SAVE Act would have amended the federal criminal code to prohibit “advertising commercial sex acts involving a minor or an individual engaged in such an act through force, fraud, or coercion.” In so doing, the SAVE Act would provide grounds for legal action against Internet content hosts for crimes—like sex trafficking—resulting from the postings of third-party users. This Note applies the social theories of the harm principle and moral panic to evaluate the means and ends proposed by the …
The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen
The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen
UC Law SF Communications and Entertainment Journal
Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs") …
Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel
Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel
UC Law SF Communications and Entertainment Journal
In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to be characterized …
There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith
There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith
UC Law SF Communications and Entertainment Journal
Smoking is the most common preventable causes of death in the United States and costs society billions of dollars each year. Most smokers become addicted at a young age, but often have no legal remedy from smoke-related injuries. Smoking in movies is a significant factor in the initiation of youth smoking, yet the Motion Picture Association of America ("MPAA") does not factor "smoking" into movie ratings. This note argues that in order to reduce the harmful effects of youth smoking, movies with depictions of cigarettes should be rated R. In order to pressure the MPAA into making this change, potential …
Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff
Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff
UC Law SF Communications and Entertainment Journal
Currently, there is not a uniform international standard for the protection of journalists against politically motivated claims of espionage, and this void allows governments to cloak politically motivated claims of espionage as a "national security threats." The purpose of this article is to propose amending the International Covenant on Civil and Political Rights ("ICCPR"), to remove the void, by making Article 19 a nonderogated right for journalists who are reporting and participating in political expression.
Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah
Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah
UC Law SF Communications and Entertainment Journal
Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a physical …
The Burden Of Proof In International Commercial Arbitration: Are We Allowed To Adjust The Scales, Francisco Blavi, Gonzalo Vial
The Burden Of Proof In International Commercial Arbitration: Are We Allowed To Adjust The Scales, Francisco Blavi, Gonzalo Vial
UC Law SF International Law Review
This work discusses the possibility of the parties to change the burden of proof rules in international commercial arbitration and the powers of the arbitral tribunal in this regard, concluding that the parties are entitled to alter the referred rules subject to some limitations, such as the principle of fair and equal treatment, mandatory rules and considerations of public policy and good faith. In addition, we observed that even though arbitrators have broad powers to determine the burden of proof, they are generally obliged to respect the agreements reached by the parties in relation with that burden.
Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips
Judicial Corruption In Haiti: The Need For Discipline And Civil Society Participation, Mario Joseph, Nicole Phillips
UC Law SF International Law Review
No abstract provided.
"One Order Of Genocide And Two Sides Of Extinction": Proposing An International Solution To Preventing The Destruction Of The Elephant And Rhinoceros Species In Mozambique And Tanzania, Sean Pan
UC Law SF International Law Review
This Note posits the notion that the massacre of the elephant and rhinoceros species in Mozambique and Tanzania resembles the type of monstrous conduct the international community generally brands as the crime of genocide. While it is folly to ignore genocide's historical application towards human victims, both the relentless manner in which these animals are killed along with their drastically diminished populations begs, at least, for international criminal charges and convictions. Additionally, modern legal precedent and historical practices suggest a broader application of the crime of genocide-one that should include other protected and threatened groups.
Glass Ceiling Or Iron Weight?: Challenges For Female Employees On Their Path To Becoming Managers And Executives In Japan, Hiroya Nakakubo
Glass Ceiling Or Iron Weight?: Challenges For Female Employees On Their Path To Becoming Managers And Executives In Japan, Hiroya Nakakubo
UC Law SF International Law Review
No abstract provided.
Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr.
Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr.
UC Law SF International Law Review
No abstract provided.
The Coastal Zone Management Act’S Capacity To Spearhead Coastal Adaptation, Mila Buckner
The Coastal Zone Management Act’S Capacity To Spearhead Coastal Adaptation, Mila Buckner
UC Law Environmental Journal
No abstract provided.
Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema
Why Reforms Alone Are Insufficient To Strengthen The Judiciary: A Case Study Of Guatemala's Judicial Selection Processes, Mirte Postema
UC Law SF International Law Review
No abstract provided.
The Harm In Hate Speech: A Critique Of The Empirical And Legal Bases Of Hate Speech Regulation, John T. Bennett
The Harm In Hate Speech: A Critique Of The Empirical And Legal Bases Of Hate Speech Regulation, John T. Bennett
UC Law Constitutional Quarterly
Calls for hate speech censorship are largely premised upon the existence of certain social harms, including racial and gender inequalities, which are supposedly reinforced by hate speech. These inequalities, however, could be caused by a host of cultural and behavioral factors completely unrelated to hate speech, racial animus, discrimination, or any structural cause. The causal argument presented here has significant implications for the constitutionality of hate speech regulation. This article directly confronts the constitutional flaws, normative concerns, and empirical weaknesses inherent in a substantial body of hate speech scholarship. This article critically analyzes the legal and sociological premises of hate …
Editor In Chief, Kevin Armonio
Traditions That Appertain: Clarifying The Differences Between Appurtenant And T & C Water Rights In Hawai’I, Nathan Morales
Traditions That Appertain: Clarifying The Differences Between Appurtenant And T & C Water Rights In Hawai’I, Nathan Morales
UC Law Environmental Journal
No abstract provided.
Haleakala Crater, Maui, Hawaii, Jonathan Sha
Haleakala Crater, Maui, Hawaii, Jonathan Sha
UC Law Environmental Journal
No abstract provided.
Securing California’S Solar Future: Strategies To Mitigate The Effects Of The U.S.-Chinese Solar Trade Dispute On California’S New Renewable Energy Goals, Kevin Armonio
UC Law Environmental Journal
No abstract provided.
City Park, Porland, Oregon, Julianne Austria
City Park, Porland, Oregon, Julianne Austria
UC Law Environmental Journal
No abstract provided.
Beach, Jonathan Sha
California’S Groundwater Crisis: A Case For The Regulation Of Groundwater Substitution Transfers, Chelsea Scharf
California’S Groundwater Crisis: A Case For The Regulation Of Groundwater Substitution Transfers, Chelsea Scharf
UC Law Environmental Journal
No abstract provided.
La Jolla, California, Lauren Weihl
Religious Law And Women's Human Rights: Reflections Upon The African Human Rights System, Julia L. Ernst
Religious Law And Women's Human Rights: Reflections Upon The African Human Rights System, Julia L. Ernst
UC Law SF International Law Review
In many countries, governments have permitted the application of religious laws and have delegated judicial authority to religious courts. These practices may violate women's human rights for at least four reasons. First, women are barred from leadership positions within many religious institutions, and are therefore prevented from helping interpret the religious precepts and develop the law that is being applied by the religious courts. This exclusion of women violates their right to participate in governance, democracy, and decision-making, which are essential components of law-making. Second, women are excluded from serving as judges on religious courts, thereby calling into question the …
Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode
Professional Integrity And Professional Regulation: Nonlawyer Practice And Nonlawyer Investment In Law Firms, Deborah L. Rhode
UC Law SF International Law Review
No abstract provided.
Cultural Factors And Ethical Integrity, Jessica Vapnek
Cultural Factors And Ethical Integrity, Jessica Vapnek
UC Law SF International Law Review
No abstract provided.
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
Judicial Ethical Integrity: Challenges And Solutions, Morris A. Ratner
UC Law SF International Law Review
No abstract provided.