Law Commons^™

Building Judicial Integrity In China, Hualing Fu

UC Law SF International Law Review

No abstract provided.

Independence Of Bulgarian Judges, Evgeni Georgiev

UC Law SF International Law Review

No abstract provided.

Capturing The Insights: Commonalities And Differences, Naomi Roht-Arriaza

UC Law SF International Law Review

No abstract provided.

A Comparative Perspective: Recognition Of The Continuous Injury Trigger In Insurance Law In The United States And The United Kingdom, Emalie Diaz Sundale

UC Law SF International Law Review

The standard Commercial General Liability coverage form obligates an insurer to indemnify the insured for bodily injury and property damages caused by an "occurrence" during the policy period. The form defines "occurrence" as "an accident, including continuous or repeated exposure to substantially the same harmful condition." When an injury occurs over a period of time, questions arise in pinning down a precise moment when such a continuous injury begins. The question of whether the resulting injury is covered under a given insurance policy, or, whether the insurance policy has been "triggered," vexes courts in the United States and the United …

Victims, Violence, And Voice: Transitional Justice, Oral History, And Dealing With The Past, Anna Bryson

UC Law SF International Law Review

Transitional justice is concerned with the legal and social processes established to deal with the legacy of violence in post-authoritarian and post-conflict contexts. The interview-in different guises, contexts and settings-is at the heart of most transitional justice processes. Prosecutorial mechanisms, truth recovery commissions, assessments for reparations, applications for amnestyall of these and more are fueled by the art of one human being interviewing another and then presenting or "re-presenting" the material recorded, to make it "fit" with the broader transitional goals of a particular institution. Most transitional justice institutions are, in the final analysis, "creatures of law." They are typically …

More Behavioral Vs. More Economic Approach: Explaining The Behavioral Divide Between The United States And The European Union, Philipp Hacker

UC Law SF International Law Review

While U.S. courts and regulatory agencies have set sail towards what may be dubbed a "more behavioral approach," their European counterparts still navigate the charted waters of a neoclassical "more economic approach," as first advocated in E.U. competition law. This paper claims that this "behavioral divide" can be explained by a theory of social norms and expectations.

Why Female Lawyers Get Less - Multiple Glass Ceiling For Japanese Female Lawyers, Kyoko Ishida

UC Law SF International Law Review

No abstract provided.

Will Prime Minister Abe's Womenomics Break Glass Ceilings In Japan, Hiroko Goto

UC Law SF International Law Review

No abstract provided.

Star Wars: The Battle To Protect The Rights Of Publicity Of America’S Astronauts, Robert C. O’Brien

UC Law Science and Technology Journal

This article examines the efforts by astronauts to establish and protect their publicity rights. Part I summarizes the development of the right of publicity generally.

Part II discusses the development of that right within California jurisprudence. Part III analyzes the arguments offered against astronauts who have been compelled to protect their publicity rights in court. Finally, Part IV addresses practical concerns arising from the prospect of facing off against an astronaut (or his or her estate) before a jury. This article concludes that an astronaut generally will be able to successfully invoke right-of-publicity laws against companies that use the astronaut’s …

Anda Reverse Payments And The Post-Actavis Landscape, Michele M. Kang

UC Law Science and Technology Journal

Pharmaceutical companies spend much of their time and resources in conducting clinical trials for developing new drugs. Under the Hatch- Waxman Act, generic drugs can refer to the same clinical trials that the initial pharmaceutical companies have done, if they prove similarities in the biological makeup of both drugs. A trend that has developed in response to the Hatch- Waxman Act is that pharmaceutical companies have been paying off generic companies not to enter into their market — this is referred to as a reverse payment patent settlement. While proving to be beneficial to the pharmaceutical industry, reverse payments create …

Spotting Software Innovation In A Patent Assertion Entity World, Garry A. Gabison

UC Law Science and Technology Journal

This paper looks at the relationship between venture capital (VC) funds and patent assertion entities (PAEs). These two types of entities rely heavily on patents most particularly in the software industry. The paper analyzes this relationship and argues that VC funds have fed into the PAE phenomenon. This paper also argues that PAEs have impacted how VCs behave. It offers an empirical analysis and finds that as PAEs became more active, VCs provided more funds to the companies they backed. This paper closes by discussing what VCs have done and could do to address PAEs and their activities.

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Online Consent And The On-Demand Economy: An Approach For The Millennial Circumstance, Jessica L. Hubley

UC Law Science and Technology Journal

The on-demand economy emerged over the last decade as a new commercial model facilitated by the laws of online contracts. This article focuses on four specific categories of web-based services with common characteristics: (1) Marketplaces, (2) Contractor Marketplaces, (3) Gig Platforms, and (4) Service Platforms. Categorizing on-demand companies in this way highlights how the law is lagging behind technology in a near-calamitous fashion; existing classification rules address a black and white dichotomy (employee vs. contractor) where these marketplace realities warrant a more nuanced approach. This article discusses how traditional rules surrounding worker classification provide, or fail to provide, clear guidance …

The Grass Is Greener Where You Water It: Regulating Water Use For Marijuana Cultivation To Curb California’S Severe Drought, Catherine Griffith

UC Law Environmental Journal

No abstract provided.

Yosemite, California, Enya Chang

UC Law Environmental Journal

No abstract provided.

Lime Kiln State Park, Big Sur, California, Kevin Ashe

UC Law Environmental Journal

No abstract provided.

Out Of Thin Air: Evaluating The Legality Of The Clean Power Plan Under The Equal Sovereignty Principle, Deepa Sharma

UC Law Environmental Journal

No abstract provided.

Solving Smog Outsourcing: Domestic And International Solutions For Curbing Transboundary Sulfur Oxides Emissions, James Bonar-Bridges

UC Law Environmental Journal

No abstract provided.

Lower Yosemite Falls, Jonathan Sha

UC Law Environmental Journal

No abstract provided.

Bandon Beach, Oregon, Kevin Armonio

UC Law Environmental Journal

No abstract provided.

Keeping The Desert At Bay: Adapting California Water Management To Climate Change, Paul J. Pearah

UC Law Environmental Journal

No abstract provided.

Editor In Chief, Kevin Armonio

UC Law Environmental Journal

No abstract provided.

The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman

UC Law Constitutional Quarterly

This article offers the first comprehensive history of the marriageequality litigation process leading from Windsor to Obergefell. It explores how four aspects of federal procedure and jurisdiction doctrine both enabled and frustrated marriage equality's advancement to the Supreme Court. First, we examine common misconceptions about how judgments, injunctions, and judicial precedent control real-world conduct and how litigation brings about legal reform. These misconceptions reached their nadir in Alabama in spring 2015. Guided by Chief Justice Roy Moore, Alabama officials properly declined to follow persuasive precedent, prompting unfortunate and inaccurate comparisons to George Wallace and Massive Resistance, and to Brown and …

Youthfulness Matters: A Call To Modernize Juvenile Waiver Statutes, Chelsea Ellen Heaney

UC Law Constitutional Quarterly

The fundamental values that underlie the juvenile justice system have developed and changed since its inception in 1899. A system that was once focused on rehabilitating and protecting troubled youth, has developed into a system focused on punishing and confining youth. A decade of increased juvenile crime rates in the United States from the mid-1980s to the mid- 1990s, led many states to change their policies regarding the treatment of juvenile delinquents. Specifically, between 1992 and 1994, forty-nine out of the fifty states broadened or enacted legislation making it easier for juveniles to be tried as adults. Automatic and mandatory …

Must Courts Respect Hidden Legislative Bargains, Brendan Selby

UC Law Constitutional Quarterly

The most complete and sophisticated justification for a strong form of textualism is grounded in the need to preserve legislative compromise. I call this justification the "Bargaining Argument." Its primary expositor is Professor John Manning, the leading academic textualist. The thrust of the Bargaining Argument is that, because express provisions of the Constitution evince an intent to give political minorities the right to insist upon compromise as the price of assent, courts should read the phrase "the judicial power" in Article III as prescribing an interpretive method that furthers this intent. While the general inference concerning minority rights is sound, …

The Right To Education For Unaccompanied Minors, Jeanette M. Acosta

UC Law Constitutional Quarterly

In response to the increase of unaccompanied minors seeking refuge in the United States in 2014, officials within federal, state, and local institutions readied themselves to receive and serve a greater number of child migrants in detention facilities, shelters, immigration courts, and public schools. While attention has been paid to the need for legal representation of unaccompanied minors and the need to end the inhumane detention of children, this Note reveals the state of educational opportunities and services provided for unaccompanied minors in detention facilities, shelters, and public schools. This Note looks to the role education plays in the lives …

Out Of The Shadows: Deferred Action For Childhood Arrivals, Deferred Action To Parents Of Americans And Lawful Permanent Residents, And Executive Prosecutorial Discretion In Immigration Law, Olga Y. Kuchins

UC Law Constitutional Quarterly

Currently, more than eleven million undocumented immigrants live and work in the United States unlawfully. The Administration's effort to bring undocumented immigrants out of the "shadows" under the deferred action programs, while constitutional, is merely a Band-Aid-a temporary solution to Congress' unsuccessful efforts to pass legislation that addresses the issue of undocumented immigrants head on. This Note contextualizes the Obama Administration's deferred action programs within the larger framework of prosecutorial discretion in immigration law.

Section I lays the foundation for the Administration's decision to implement Deferred Action for Childhood Arrivals ("DACA") by discussing some of the major developments in United …

The 2016 Election And The Future Of Constitutional Law: The Lessons Of 1968, Earl M. Maltz

UC Law Constitutional Quarterly

The upcoming presidential election of 2016 may very well become a pivotal moment in the evolution of American constitutional doctrine. Given Justice Scalia's untimely passing and the ages of a number of the sitting justices, the next President could easily have the opportunity to choose several new members of the Court. Moreover, because the Court is currently divided almost equally along ideological lines, even a single appointment could have the effect of turning the overall orientation of the Court's decisions sharply to either the right or the left.

To illustrate the effect that a single election can have on the …

Deciding With Dignity: The Terminally Ill Patient's Right To Information About The California End Of Life Option Act, Christine Sung

UC Law Constitutional Quarterly

For decades, states across the country have been entertaining concept of physician aid-in-dying, or more commonly known as Death with Dignity. In June 2016, California became the fifth state to legalize physician aid-in-dying, enabling qualified California citizens to have the option to choose a peaceful and autonomous death. However, many qualified patients may not be aware of this option unless informed. This is where physician-patient communication becomes vital to the patient's autonomy. This Note argues that terminally ill patients choosing what end of life option to take (hopsice, palliative care, etc.) should be informed about the California End of Life …

Forging A Path For Women's Rights In Customary Law, Tamar Ezer

UC Law SF Journal on Gender and Justice

Common law in Africa began as a dynamic, fluid structure that was effective for governing small, tight-knit communities. After the introduction of European colonialism, however, common law incorporated European customs, such as patriarchy and individualism. The individual and patriarchal structure solidified in many African communities and had a grossly disproportionate effect on women, whose lives were dictated by lack of property rights and self-determination. In South Africa in particular, the patriarchal structure continued into the 20th century despite a global recognition of equal rights for women. This article explores the origins of common law and suggests that many communities may …