Law Commons^™

Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman

UC Law Journal

The national debate over marriage discrimination against gay and lesbian Americans is playing out in state legislatures, at the ballot, and in the federal courts under the conventional notion that liberal rhetoric, the liberal political philosophy indebted to John Rawls, and the unencumbered self at their cores are the bases for the most effective arguments for the gay rights movement. Pro-gay groups talk often about rights, liberty, and the freedom to choose whom to love. Even in court, gay rights groups repeat the Supreme Court’s statements about a fundamental right to make the choice to marry. But the conventional wisdom …

Free Speech And Civil Harassment Orders, Aaron H. Caplan

UC Law Journal

Every year, U.S. courts entertain hundreds of thousands of petitions for civil harassment orders, i.e., injunctions issued upon the request of any person against any other person in response to words or behavior deemed harassing. Definitions of “harassment” vary widely, but an often-used statutory formula defines it as “a course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.” Civil harassment statutes can protect the safety, privacy, and autonomy of victims, but when courts declare that speech is harassing, or issue injunctions against future speech on grounds that …

Note – Sustainable Capitalism Through The Benefit Corporation: Enforcing The Procedural Duty Of Consideration To Protect Non-Shareholder Interests, Ian Kanig

UC Law Journal

Corporations are beholden to a deeply flawed system of corporate governance known as shareholder wealth maximization. This norm dictates that corporations optimize profits at all costs to compensate equity investors for their continued exposure to risk. Other stakeholders in the corporate enterprise, like employees and consumers, are owed nothing outside of the contractual relationships they might possess, while the public at large is owed nothing at all. Because courts continue to vigorously enforce this norm, corporations are largely excluded from providing public goods and services, while simultaneously incentivized to push harmful production costs onto communities and the environment. To cope …

Note – Fighting Foreclosure: Using Contract Law To Enforce The Home Affordable Modification Program (Hamp), Arsen Sarapinian

UC Law Journal

In 2009, the Secretary of the Treasury and the Obama Administration unveiled the Making Home Affordable Program (“MHA”) to slow the foreclosure crisis and stabilize the economy. A key component of the MHA is the Home Affordable Modification Program (“HAMP”), a seventy-five billion dollar program designed to incentivize loan servicers to modify loans for certain qualified borrowers. The Treasury estimated that HAMP would permanently modify three to four million mortgages by the end of 2012; however, HAMP has failed to meet its objective. Under HAMP, if a borrower meets certain criteria, she will be placed on a three-month trial period …

The Role Of (Junk) Science In Wilderness Management: Lessons Learned In The Wake Of Drakes Bay Oyster Company, Julie Graeser

UC Law Environmental Journal

No abstract provided.

“Economic Impact” In Regulatory Takings Law, Steven J. Eagle

UC Law Environmental Journal

No abstract provided.

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …

Information Freedom, A Constitutional Value For The 21st Century, Christopher Witteman

UC Law SF International Law Review

On July 2, 2012, Verizon filed a brief with the United States Court of Appeals, District of Columbia Circuit, stating that the open-network, antidiscrimination rules adopted by the Federal Communications Commission "violate[d] the First Amendment by stripping [Verizon] of control over the transmission of speech on [its] network." Verizon argued that its broadband network is its "microphone" and its "newspaper," essentially claiming the online communications of some 200 million Americans as its own.

This article first describes how the United States First Amendment and communications law have evolved to a point where Verizon's argument is plausible. It then compares our …

Lake Tahoe, Ashley Nance

UC Law Environmental Journal

No abstract provided.

Bee, Michael Callahan-Dudly

UC Law Environmental Journal

No abstract provided.

Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum

UC Law Environmental Journal

No abstract provided.

Highway 1 Haze, Jamie Kelly

UC Law Environmental Journal

No abstract provided.

Christopher Stevens Tribute, Brian E. Gray

UC Law Environmental Journal

No abstract provided.

The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring, Chloe Angelis

UC Law Environmental Journal

No abstract provided.

International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi

UC Law Environmental Journal

No abstract provided.

Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht

UC Law Environmental Journal

No abstract provided.

Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi

UC Law SF International Law Review

This article describes both e-discovery in the United States and the German Federal Data Protection Act, the Bundesdatenschutzgesetz (BDSG). It details the conflicting demands of those institutions in the event of litigation, as well as the consequences for a company caught between them. Namely, e-discovery often requires the disclosure of vast amounts of electronically stored information held by a company, while the BDSG prohibits the disclosure of personal information outside of specific exceptions. Failure to disclose the data could result in significant sanctions in the U.S., while disclosing data can lead to large fines and constitutes a criminal offense in …

Golden Gate Park Squirrel, Brian King

UC Law Environmental Journal

No abstract provided.

The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg

UC Law Environmental Journal

No abstract provided.

Whose Streets: California Public Utilities Code Section 7901 In The Wireless Age, Michael W. Shonafelt

UC Law SF Communications and Entertainment Journal

In 1850, cutting-edge communications infrastructure took the form of telegraph poles and wires. The first Transcontinental Railroad would not be completed until the Golden Spike joined the rail lines at Promontory Point on May 10, 1869. The railroad right of way afforded an important avenue, allowing the new nation to be linked from coast to coast by the miracle of the telegraph's new technology. Today, 162 years later, the new technology is wireless broadband. An important avenue for its expansion and goal of universal coverage are the roads and highways of the state of California.

To meet exponential demand, wireless …

Could You Repeat That Please? Forty-Five Years Of Pesticide Experiments On People, Barbara Leiterman

UC Law Environmental Journal

No abstract provided.

Yosemite, California, Joey Meldrum

UC Law Environmental Journal

No abstract provided.

Trial Lake, Utah, Brooke Wangsgard

UC Law Environmental Journal

No abstract provided.

Pacifica, Jamie Kelly

UC Law Environmental Journal

No abstract provided.

Half Dome, Chloe Angelis

UC Law Environmental Journal

No abstract provided.

Golden Gate Park, Brooke Wangsgard

UC Law Environmental Journal

No abstract provided.

Crater Lake, Oregon, Mark Bland

UC Law Environmental Journal

No abstract provided.

Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian Gray

UC Law Environmental Journal

No abstract provided.

The “Fair Share” Concept In Takings Law, Joseph L. Sax

UC Law Environmental Journal

No abstract provided.

Yosemite, Chloe Angelis

UC Law Environmental Journal

No abstract provided.