Law Commons^™

A Call For Minority Involvement In Cybersecurity Legislation Reform And Civil Rights Protests: Lessons From The Anti-Sopa/Pipa Demonstrations., Kiran Sidhu

UC Law SF Communications and Entertainment Journal

This note examines one of the many pieces of cybersecurity legislation currently before Congress, the Cyber Intelligence Protection and Sharing Act (“CISPA”). This note illustrates CISPA’s deleterious effects on the privacy and security of American citizens as a result of its provisions that provide federal agencies and private companies legal immunity for sharing private information. However, this note ultimately avers that bills like CISPA will have a particularly negative impact on civil rights demonstrators–and especially demonstrators belonging to minority groups–given the U.S. history of surveillance of such groups during periods of social and political unrest. As such, this note will …

Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent

UC Law SF International Law Review

Perhaps the most attractive reason to submit a dispute to arbitration is the privacy of the process, and, though courts have some authority in enforcement or setting aside of awards, courts in one country may decide to enforce an award that has been set aside in another. For this reason, many countries have traditionally shielded from arbitration certain spheres in which strong public interest would discourage the unpredictability of an arbitration and have reserved these issues for courts and other more qualified state authorities. This leads to inconsistency and confusion when dealing with a dispute between two parties in international …

A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson

UC Law SF International Law Review

Innovation through new venture start-ups has been shown to have a direct effect on the growth of a country's overall economy. This paper will analyze Spain's new government funded venture capital program, the Startup Co- Investment Fund ("SCIF"), in order to determine its likelihood of success in Spain and whether other countries should also look to a similar program in order to build their VC market. To effectively examine the new program it will be helpful to carefully explore the U.S.'s venture capital market and history, as the U.S. ranked number one for VC in 2013, while Spain remained at …

Are Prior Art Citations Determinative Of Patent Approval?: An Empirical Analysis Of The Strategy Behind Citing Prior Art, James H. Richardson

UC Law Science and Technology Journal

This paper analyzes the impact of prior art citation by inventors on examiner citations and upon the time to patent approval. Using two discrete datasets comprised of extensive filing data, this analysis presents conclusions regarding the impact of applicant citations on filing, and uses these conclusions to extrapolate to a broader analysis of filing strategy with respect to prior art citation. Specifically, applicants who systematically under-cite prior art stand to benefit. Though the time from filing to approval does not vary greatly with applicant citations, the time spent by the examiner on filling in prior art does. As such, applicants …

Distributive Injustice And Organ Transplant Waitlists, Huma Zarif

UC Law Science and Technology Journal

Organ transplantation has been a life-saving treatment option for many who require this intervention due to organ failure. However, there are many legal and ethical considerations regarding allocation of this limited resource. Some of these issues were brought to the forefront in the highly publicized cases of Steve Jobs, Sarah Murnaghan, and Javier Acosta. These were instances where it appeared that in getting their transplants, these individuals obtained an unfair advantage over others on the waitlist. When a resource is as scarce as an organ for transplantation, equitable distribution policies are integral to a just allocation system.

Towards Peer Pressure In Post-Disaster Governance: An Empirical Study, Shahla F. Ali

UC Law SF International Law Review

Recent experience reminds us the United States is anything but immune to the effects of major natural disasters; in 2012 Hurricane Sandy demolished the entire eastern seaboard, impacted 24 states and caused $50 billion to $68 billion of damage. As natural disasters occur with increasing frequency, there is growing interest and scholarship in disaster relief governance. Empirical researth regarding the mechanisms of post-disaster local governance is therefore timely given the scale and magnitude of suffering involved. The findings presented in this article driw on the attitudes and perceptions of practitioners working in disaster response fields to provide us with insights …

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

UC Law SF International Law Review

The United States' Supreme Court has never upheld a claim of estoppel against the government. A citizen relying on the government's advice does that at her peril: if the government wrongfully misrepresents or misinterprets a statute it can (and by some interpretations, must) go back on its word leaving the aggrieved citizen with no recourse. The Supreme Court has provided many arguments for this position, but the core of its rationale is premised on protecting what Europeans refer to as "the principle of legality." The principle of legality states that the Executive cannot waive requirements from primary legislation or deviate …

Starfish, Carmen King

UC Law Environmental Journal

No abstract provided.

The Reasonability Of California Groundwater Policies In Light Of The Drought, Lindsey Pace

UC Law Constitutional Quarterly

California is America's largest agricultural farming state. Agriculture in the Central Valley is a multimillion dollar industry. California is the fifth largest supplier of food in the world. The productivity of the agricultural sector of the Central Valley is one reason why California could overtake Brazil this year as the world's seventh largest economy. The agricultural sector produces over $30 billion-dollars' worth of America's supply of almonds, milk, cattle, grapes, strawberries, walnuts, lettuce, hay, tomatoes, and more. Additionally the state produces over 400 commodities and nearly half of all US-grown fruits, vegetables, and nuts. California's robust agriculture sector is the …

The Internet Is A Packet-Switched Network, Kendall Koning

UC Law SF Communications and Entertainment Journal

Since the Supreme Court's decision in National Cable Telecommunications Association v. Brand X Internet Services, many legal scholars have considered the question of whether the FCC may choose to regulate Internet access as an information service to be settled law. And, for the second time in five years, the D.C. Circuit in Verizon v. FCC struck down the jurisdictional theory relied upon by the FCC in creating its Open Internet rules because the FCC still classified Internet connections as information rather than telecommunications services. In response, and after a vigorous public debate, the FCC recently reversed its classification and grounded …

Evaluating Intent In True Threats Cases: The Importance Of Context In Analyzing Threatening Internet Messages, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

Following the Supreme Court's most recent ruling on the true threats doctrine in Virginia v. Black, significant conflict emerged among the federal circuit courts. On one hand, several circuit courts disagreed interpreted the holding in Virginia v. Black as a requirement of applying a subjective intent standard into all statutes that criminalize true threats. On the other hand, some circuit courts interpreted the holding as a requirement for prosecutors to prove that a reasonable person would consider the message as a true threat. A speaker's use of social networking websites and Internet forums for the purpose of posting violent and …

White Men Still Dominate Reality Television: Discriminatory Casting And The Need For Regulation, Henna Choi

UC Law SF Communications and Entertainment Journal

In 2012, two African-American males, who unsuccessfully applied to be the Bachelor, sued ABC under 42 U.S.C. § 1981, alleging that the producers of reality shows The Bachelor and The Bachelorette intentionally excluded people of color from the lead role. The United States District Court for the Middle District of Tennessee concluded that the First Amendment was a complete bar to the plaintiffs' section 1981 claim with respect to casting decisions for the television programs. Moreover, the court did not allow the plaintiffs to litigate their untimely employment discrimination claims under Title VII of the Civil Rights Act of 1964. …

Small Steps For Congress, Huge Steps For Online Privacy, Jugpreet Mann

UC Law SF Communications and Entertainment Journal

As the creation of data has exponentially increased with Internet usage, U.S. companies have found a variety of ways to collect personal data and create value from such data. This innovation, however, comes at the cost of an individual's right to privacy. The U.S. government's current approach to online privacy has failed to properly regulate the collection and utilization of the immense amounts of personal data being generated. This note explains how companies collect and create value from personal information. This note draws upon the history of privacy, how Congress currently addresses online privacy, and the states' and other nations' …

Right-Sizing Broadband Spectrum Auction Licenses: The Case For Smaller Geographic License Areas In The Tv Broadcast Incentive Auction, William Lehr, J. Armand Musey

UC Law SF Communications and Entertainment Journal

This article examines the potential impact of smaller-sized license territories in the context of the FCC's upcoming 2016 Broadcast Incentive Auction-the largest, most complex auction to date. The purpose of the auction is to free up to 120 MHz of prime spectrum in the 600 MHz band, currently licensed to over-the-air television broadcasting, to repurpose for licensing mobile broadband and other higher value wireless services. This article argues that using smaller territories is more consistent with the longterm direction of efficient spectrum management reform and future wireless market. The article also explains how adopting small geographic territories is necessary to …

Rainy Day On The Willamette River, Patrick Thacher

UC Law Environmental Journal

No abstract provided.

Yosemite Valley From The Wawona Tunnel Lookout, Kelsey Ryburn

UC Law Environmental Journal

No abstract provided.

The Definitive Guide To Tree Disputes In California, Ellis Raskin

UC Law Environmental Journal

No abstract provided.

Monterey, California, Ashley Bumatay

UC Law Environmental Journal

No abstract provided.

Arizona Diamondback, Nicholas Whipps

UC Law Environmental Journal

No abstract provided.

Coyote Hills Regional Park, Kevin Armonio

UC Law Environmental Journal

No abstract provided.

Judging Science: The Rewards And Perils Of Courts As Boundary Organizations, Sonya Ziaja, Christopher Fullerton

UC Law Environmental Journal

No abstract provided.

California Hills, Vincent Vu

UC Law Environmental Journal

No abstract provided.

Mirror Lake, August 2013, Justin D. Bigelow

UC Law Environmental Journal

No abstract provided.

The 2013 Symposium On Corporate Governance In Japan, David Makman

UC Law Business Journal

The 2013 Symposium on Corporate Governance in Japan was organized by the University of California, Hastings College of the Law, the Japan Society of Northern California, and the Pacific Pension Institute. The goal was to provide a forum where academics and practitioners could meet to exchange information and ideas relating to corporate governance. The Japan Society of Northern California and Pacific Pension Institute have been covering corporate governance issues together since 2001, and have held several conferences on the issue. The Symposium was the first joint program with the University of California, Hastings College of the Law in this area. …

Measuring Constitutional Islamization: The Islamic Constitutions Index, Dawood I. Ahmed, Moamen Gouda

UC Law SF International Law Review

The military coup in Egypt and the Taliban insurgency in Pakistan and Afghanistan have once again highlighted the political stakes of incorporating Islam within a constitution. Many constitutions in the Muslim world contain clauses that recognize the Islamic character of the state; yet, there is little scholarship empirically analyzing these clauses; indeed, while much has been written about the effects of incorporating a particular type of clause-the Islamic supremacy clause, to date, we know very little about the comparative constitutional universe of Islamic clauses: How prevalent is Constitutional Islamization? Which countries have the most or least Islamized constitutions? Do secular …

Mercosur: Venezuela's New Vehicle For Resistance To American Political And Economic Hegemony, Noah Asa Phillips

UC Law SF International Law Review

Throughout his tenure, President Hugo Chavez of Venezuela carried out an ideological political vision of resistance to United States political and economic hegemony in Latin America. Due to Venezuela's large political and economic influence in Latin America, Chavez's administration has repeatedly thwarted efforts by the United States government and American corporations to maintain their economic dominance in the region. Venezuela's antagonistic foreign policies over the last decade have resulted in an opening up of an autonomous policy space in Latin and Central America and presented a serious pushback to United States political and corporate presence in Latin America.

With Venezuela's …

Globalizing Representative Democracy: The Emergence Of Multilayered International Parliamentalism, Davor Jancic

UC Law SF International Law Review

As globalization penetrates the realm of democracy, the internationalization of the institution of parliament, as the epitome of popular representation in liberal democracies - continues to be largely ignored by key studies in international law, constitutional law and global governance. This article seeks to place international parliamentarism on the radar of legal scholarship, reassess the value that representative democracy has in the globalized world, and demonstrate that understanding parliaments as purely domestic institutions immune from international integrative forces is no longer tenable. This article argues that international interparliamentary relations do not occur merely within isolated forums but can and do …

The Basic Law, Universal Suffrage And The Rule Of Law In Hong Kong, Michael C. Davis

UC Law SF International Law Review

The recently published PRC White Paper and NPC Standing Committee Decisions have put both Hong Kong's democratic development and its rule of law under threat. These reports have emphasized the NPC Standing Committee's ultimate power to interpret and amend the Basic Law as it sees fit with seemingly no constraint. In disregard of China's international legal obligations respecting Hong Kong under the Sino-British Joint Declaration and the ICCPR these reports have emphasized the resting of all authority in the PRC Central Government. Great liberty has been taken with regard to critical language in Article 45 of the Basic Law, which …

You Can Use Hidden Recorders In Florida, Thomas R. Julin, Jamie Z. Isani, Paulo R. Lima

UC Law SF Communications and Entertainment Journal

The Florida Supreme Court faces a difficult decision in McDade v. State. The court must decide whether the statements recorded on a hidden recording device can be used to convict a man accused of sexually assaulting his step-daughter. This article traces the controversial history of Florida's Security of Communications Act and shows that it does not in ban the use of secret recordings of face-to-face conversations by any part to the conversations. The Florida courts, however, have misread the law for decades and this article urges the Florida Supreme Court to set the record straight in McDade. This article argues …

Talent Managers Acting As Agentsrevisited: An Argument For California's Imperfect Talent Agencies Act, Myles L. Gutenkunst

UC Law SF Communications and Entertainment Journal

Talent managers in California have traditionally faced severe penalties under the Talent Agencies Act (TAA) for simple acts of procuring employment for their artist-clients. Commentators, interest groups, and justices have pointed out these flaws and proposed alternative remedies to provide managers with some equity when violating the statute. These advocates have argued for an adoption of the incidental booking exception that is present in New York's employment agency statutes. However, this proposal and other proposed alternatives actually undercut the policy that the Talent Agencies Act seeks to protect. This note will compare California's TAA and New York's employment agency laws, …