Law Commons^™

The Forgotten Right To Be Secure, Luke M. Milligan

UC Law Journal

Surveillance methods in the United States operate under the general principle that “use precedes regulation.” While the general principle of “use precedes regulation” is widely understood, its societal costs have yet to be fully realized. In the period between “initial use” and “regulation,” government actors can utilize harmful investigative techniques with relative impunity. Assuming a given technique is ultimately subjected to regulation, its preregulation uses are practically exempted from any such regulation due to qualified immunity (for the actor and municipality) and the exclusionary rule’s good faith exception (for any resulting evidence). This expectation of impunity invites strategic government actors …

Independent Yet Captured: Compensation Committee Independence After Dodd-Frank, Bernice Grant

UC Law Journal

In response to the financial crisis of 2008 to 2009, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 includes several far-reaching executive compensation reforms. Because most scholars have focused on the so-called “say-onpay” provision, they have not sufficiently analyzed another Dodd-Frank reform that requires public companies to have compensation committees composed entirely of independent directors. This Article fills that void. Although it is sensible to make compensation committee members independent of management, the reform does not go far enough to achieve its goal. The independence requirement is not sufficient to prevent directors from being captured by management …

The Real Problem With Carried Interests, Heather M. Field

UC Law Journal

The recent proposals to reform the tax treatment of private equity, venture capital, and hedge fund managers are misguided. Policymakers and commentators often take industry-focused, results-oriented approaches to the “carried interest” debate, thereby obscuring the real source of the policy objection to carried interests. Instead of starting with a result that is objectionable and trying to find a way to change the law to avoid the objectionable result, this Article begins with the law and facts relevant to carried interests and systematically unpacks the tax rules that combine to produce the current tax treatment of carried interests. As a consequence, …

The Implausibility Of Secrecy, Mark Fenster

UC Law Journal

Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s infamous leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, and open sources all constitute paths out of …

The Mandatory Law Puzzle: Redefining American Exceptionalism In Corporate Law, Jens Dammann

UC Law Journal

American corporate law stands “New” out when compared to other legal systems. At no time is this more apparent than with regard to the use of mandatory law. Corporate law in the United States is largely enabling, whereas most other countries and around the globe rely heavily on mandatory corporate law.The traditional view seeks to explain this American exceptionalism by pointing to the phenomenon of regulatory competition. According to this view, regulatory competition has eroded mandatory corporate law norms in the United States, whereas the absence of such competition has allowed mandatory wholesale nfl jerseys norms to persist in other …

Due Process And Temporal Limits On Mandatory Immigration Detention, Farrin R. Anello

UC Law Journal

Since 1996, the Immigration and Nationality Act has required the government to take into custody individuals in removal proceedings who have past convictions for any of a wide range of criminal offenses. This provision has led to more than a five-fold increase in the number of people detained each day, with harsh consequences for these individuals, their families, and communities across the country.Such a sweeping, categorical detention is not easily reconciled with the Supreme Court’s 2001 decision in Zadvydas v. Davis, which extended to immigration detention the due process limits that the Court has recognized on other forms of civil …

Antitrust, Regulation And The “New” Rules Of Sports Telecasts, Babette Boliek

UC Law Journal

Open almost any news source, or simply turn on the program guide of any television, and the explosive proliferation of sports telecasts is quickly evident. The amount that exhibitors pay to sports leagues has reached dizzying heights, due in large part to high demand and the unique, unrecorded nature of sports telecasts. These desirable characteristics arguably make sports telecast contracts essential to the economic viability and competitiveness of leagues and telecasters alike. Although these contracts provide many benefits cheap jerseys from China to corporations and leagues, embedded within them are weighty restrictions such as “black out” rules and exclusive distributorships. …

Note – Peasants Revolt: Why Congress Should Eliminate The Tax Benefits On Dead Peasant Insurance, Patrick Burns

UC Law Journal

Corporate-owned life insurance (“COLI”) is a form of insurance in which an employer takes újdonság out a life insurance policy on the life cheap jerseys of the one of its employees. COLI is legal under state insurable interest statutes because employers have a financial incentive in the continuation of certain “key employees.” However, in sarituri the past two decades, use of COLI has increased as large corporations have begun to insure larger percentages of their workers, even low-wage employees. This widespread practice presents many public policy concerns: corporations profit by reaping the death benefits Lorem when an employee dies and …

Note – Reflections On Riverisland: Reconsideration Of The Fraud Exception To The Parol Evidence Rule, Michelle P. Larocca

UC Law Journal

The California Supreme Court recently and unanimously Planning overruled a longstanding precedent regarding the fraud exception to the Parol Evidence Rule in Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association. Prior to Riverisland, the Parol Evidence Rule did not allow evidence of promissory fraud. Now, evidence of promissory fraud at variance with the terms of the writing is admissible. Riverisland discourages fraudulent practices and creates a clear rule that is consistent with the language of California’s Parol Evidence Rule. It also recognizes the cheap jerseys reality that many people wholesale nfl jerseys do not read or understand the contracts …

Online Privacy. Initiative Statute.

Initiatives

Requires certain providers of Internet services or mobile applications to comply with a user’s instructions not to track user’s personal information, including contact information, government issued identification, financial information, online history, method of access, or location. Prohibits all providers from selling,sharing, or transferring user’s personal information after receiving instructions not to track. Prohibits providers serving public entities or private educational entities from using personal information for any purpose other than providing the service. Prohibits requiring user’s consent to track personal information as a condition of access to online service. Provides for fines and civil claims. Summary of estimate by Legislative …

Cigarette Tax To Fund Brain Research. Initiative Statute

Initiatives

Increases cigarette tax by $1.00 per pack, with an equivalent increase on other tobacco products. Requires tax revenues to be deposited into a special fund to provide grants and loans to support brain research on causes, treatments, detection, and cures for brain disorders and diseases. Creates 11-member oversight committee charged with administering the fund. If new tax causes decreased tobacco consumption, transfers sufficient amount of new tax revenues to offset revenue decrease to other programs funded by existing tobacco taxes. Requires annual independent audit. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and …

Cigarette Tax To Fund Brain And Stem Cell Research. Initiative Statute.

Initiatives

Increases cigarette tax by $1.00 per pack, with an equivalent increase on other tobacco products. Requires tax revenues to be deposited into a special fund to provide grants and loans to support brain research, including stem cell research, on causes, treatments, detection, and cures for brain disorders and diseases. Creates 11-member oversight committee charged with administering the fund. If new tax causes decreased tobacco consumption, transfers sufficient amount of new tax revenues to offset revenue decrease to other programs funded by existing tobacco taxes. Requires annual independent audit. Summary of estimate by Legislative Analyst and Director of Finance of fiscal …

For The Birds: Wind Energy, Dead Eagles, And Unwelcomesurprises, Samuel J. Panarella

UC Law Environmental Journal

No abstract provided.

In Common Law We Trust: How Hawai‘I’S Public Trust Doctrine Can Support Atmospheric Trust Litigation To Address Climate Change, Kylie Wha Kyung Wager

UC Law Environmental Journal

No abstract provided.

Environmental Preservation And The Fifth Amendment: The Use And Limits Of Conservation Easements By Regulatory Taking Andeminent Domain, Beckett G. Cantley

UC Law Environmental Journal

No abstract provided.

The Draft Bay-Delta Conservation Plan: Assessment Of Environmental Performance And Governance, Jeffrey Mount, William Fleenor, Brian Gray, Bruce Herbold, Wim Kimmerer

UC Law Environmental Journal

No abstract provided.

Stumbling Forward In Syria, George Bisharat

UC Law SF International Law Review

No abstract provided.

Three's (Not) A Crowd In International Tax Arbitration: International Tax Arbitration As A Development Of International Commercial Arbitration Rather Than A Map Fix, Sarah G. Nowland

UC Law SF International Law Review

One of the goals of bilateral tax conventions is mitigating instances of double taxation for each state's taxpayers. Tax conventions include a Mutual Agreement Procedure (MAP) to handle disputes brought by a taxpayer of one state claiming double taxation by his home country and the other state party to the convention. Once a claim is initiated, each state designates competent authorities to resolve the issue through MAP. MAP's three main weaknesses include the length of time it takes competent authorities to agree, the possibility that competent authorities will not reach an agreement, and that the taxpayer who brought the dispute …

Rereading A Canonical Copyright Case: The Nonexistent Right To Hoard In Fox Film Corp. V. Doyal, Shane D. Valenzi

UC Law SF Communications and Entertainment Journal

Do copyright owners have the right to hoard their creative works? The right to exclude on an individual basis is the keystone of copyright law, yet using copyright protection to prevent all public access to a work runs counter to the very premises upon which copyright law is based. This right to exclude the world from use of a creative work-referred to as the right to "hoard" by Justice O'Connor in Stewart v. Abend, is commonly traced to a Lochner-era tax case: Fox Film Corp. v. Doyal. This article examines the right to hoard and its origins in Fox Film, …

Says Who?: The Futility Of Authenticating Art In The Courtroom, Valerie Medelyan

UC Law SF Communications and Entertainment Journal

In a 1993 case involving the authenticity of a mobile by sculptor Alexander Calder, Judge Louis F. Oberdorfer bitterly conceded that if a prominent art expert testified that a work was a forgery, it would become so in the eyes of the market and its value would be destroyed. However, the judge went on to say, "this is not the market, but a court of law, in which the trier of fact must make a decision based upon a preponderance of the evidence." While acknowledging that the opinion of the more respected expert (that the Calder mobile was a fake) …

Rockaway Beach, Pacifica, California, Ashley Nance

UC Law Environmental Journal

No abstract provided.

Bring Our Young People In!, Gregory Hobbs Justice

UC Law Environmental Journal

No abstract provided.

The Battle Over Competing Land Uses Within National Wildlife Refuges: The Klamath River Basin As A Case Study, Ashley Palomaki

UC Law Environmental Journal

No abstract provided.

Great Frigatebird, Carmen King

UC Law Environmental Journal

No abstract provided.

Reflections On Nature, Michael Linder

UC Law Environmental Journal

No abstract provided.

The Demise Of Redevelopment Agencies In California: Challenges Ahead For Brownfields Remediation, Emily M. Erdman

UC Law Environmental Journal

No abstract provided.

Legitimacy And Independence Of International Tribunals: An Analysis Of The European Court Of Human Rights, Kanstantsin Dzehtsiarou, Donal K. Coffey

UC Law SF International Law Review

This paper explores the theoretical framework of judicial independence of international tribunals, with specific reference to the independence of the European Court of Human Rights. It then argues that independence is a key aspect of the legitimacy of an international tribunal and suggests that legal reforms designed to enhance the judicial independence of the European Court of Human Rights should focus on the two main structural parts of the Court, namely the judiciary and the Registry. This paper analyses a number of proposed reforms that can make the European Court of Human Rights more independent and credible. These insights are …

The Right To Strike - Sustainable Constitutional Reform: Comparative Case Studies Of Workers' Strikes In The Kenyan Public Sector, Ann Munene

UC Law SF International Law Review

A few years after the fall of apartheid, South Africa adopted one of the most progressive constitutions in African history in 1997. This adoption affirmed the emerging trend of constitutional reform embraced by many African nations, since the 1960s when most gained their independence. Most constitutional reform in Africa, focused on increasing human rights protections for Citizens. One such right is the right to strike.

This note will examine the Kenyans' choice to include a "Right to Strike" provision in the newly adopted Constitution of 2010, in the face of a similar provision in the Labour Relations Act of 2007. …

A Right Without A Remedy Is No Right At All: A Case For Why Ab 1844 Requires A Remedial Scheme And What It Might Be, Tina Lu

UC Law Business Journal

This note seeks to explore whether California intended to create a right or right of action for a plaintiff seeking to sue an employer for an AB 1844 violation, and if so, what remedies are available to the plaintiff. This note discusses several remedies that may be available: options include, but are not limited to, a discussion of the remedial scheme created by the Private Attorney General Act of 2004; a wrongful discharge claim in violation of public policy; or a civil penalty. Next, this note discusses whether or not the trifocal approach of the rights--right of action--remedy equation is …

Pinterest's Secondary Liability: The Dmca Implications Of Holding Pinterest Responsible And What Pinterest Can Do To Avoid Liability, Monica Yun

UC Law SF Communications and Entertainment Journal

This note explores Pinterest's possible liabilities for copyright infringement and what it can possibly do to shield itself from prosecution. Part II will address the basics of Pinterest and how it relates to other social media and online service providers. Part III will delve into the legal background of the Copyright Act of 1976, the Digital Millennium Copyright Act of 1998, secondary liability, the fair use defense, and legislation that has already been proposed to address this issue. Part IV will analyze Pinterest's indirect liability and how it may use the fair use defense. And finally, Part V will propose …