Law Commons^™

The Law Of Pseudonymous Litigation, Eugene Volokh

UC Law Journal

When may parties in American civil cases proceed pseudonymously? The answer turns out to be deeply unsettled. This Article aims to lay out the legal rules (such as they are) and the key policy arguments, in a way intended to be helpful to judges, lawyers, pro se litigants, and academics.

A Parallel Infodemic: Multifaceted Approaches To Online Public Health Mis- And Disinformation During The Covid-19 Pandemic, Erin Hutchins

UC Law Journal

During the COVID-19 pandemic, communities congregated in online spaces more than ever before. While some people found solidarity online, many others found snippets of false information regarding COVID-19’s origin, transmission, and preventative measures. Inaccurate public health information originated long before the COVID-19 pandemic, but it thrived as the uncertainty around daily living dragged on. The pandemic prompted a conversation about who, if anyone, is responsible for deciphering and regulating the spread of false and misleading information. This Note presents two methods in which inaccurate information can be redressed. First, Section 230 of the Communications Decency Act—which provides sweeping immunity for …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

Poetry Matters, Russell C. Leong

UC Law Journal of Race and Economic Justice

No abstract provided.

Immigration Judge Independence Under Attack: A Call To Re-Evaluate The Current Method Of Ij Appointment And Create A Separate Immigration Court System, Nicole Sequeira Tashovski

UC Law Journal of Race and Economic Justice

No abstract provided.

Keynote Address: “Asian Americans At A Crossroads”, Frank H. Wu

UC Law Journal of Race and Economic Justice

No abstract provided.

The Racialization Of Asian-Americans In The United States, Michael Omi

UC Law Journal of Race and Economic Justice

No abstract provided.

Foreword, Ritchie Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Foreword, Meron Wendwesen, Katrina Uyehara

UC Law Constitutional Quarterly

No abstract provided.

Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris

UC Law Constitutional Quarterly

“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …

State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker

UC Law Constitutional Quarterly

No abstract provided.

History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell

UC Law Constitutional Quarterly

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii

UC Law Constitutional Quarterly

This article analyzes Torres v. Madrid, in which the Supreme Court ruled an officer seized a person when he shot her, even though the suspect temporarily eluded capture after the shooting. This work examines the logical implications of Torres’s reasoning. Torres equated a Fourth Amendment seizure of the person with a common law arrest and defined an arrest to include an officer’s slightest touching of a person, even with only a finger. This article asserts that the force of Torres’s logic has elevated the Terry stop and frisk to a full arrest because Terry’s intrusion involves official touching and control …

Untangling Right From Wrong In Insanity Law: Of Dogs, Wolves & God, Kate E. Bloch

UC Law Journal

In almost all U.S. jurisdictions, a qualifying mental illness that prevents an accused from distinguishing right from wrong can provide support for a determination of legal insanity. Nonetheless, “wrongfulness” remains a term of myriad and somewhat elusive meanings. Instead of enhancing clarity, by engaging with simplified examples, the U.S. Supreme Court’s broad-brush approach in its 2020 majority and dissenting opinions in Kahler v. Kansas threatens to exacerbate confusion about “wrongfulness” in legal insanity doctrine. This Article surfaces challenges in the Court’s and dissent’s analyses and aims to discourage reliance on problematic assumptions about “wrongfulness” in insanity law.

Dikos Nitsaa’Igii-19 (“The Big Cough”): Coal, Covid-19, And The Navajo Nation, Warigia M. Bowman

UC Law Journal

Both in an absolute sense, and in a comparative sense, COVID-19 is infecting and killing people inside of Navajo Nation at a higher rate than in nearby states. This Article investigates how U.S. energy or mineral extraction policy—particularly regarding coal and uranium— weakened Navajo health and may have contributed to the COVID-19 infection crisis on Navajo. The relationship between U.S. mineral extraction and the health vulnerabilities currently being exposed on the Nation raise issues of administrative law, Indian law, and finally, Tribal and federal governance. This Article also contributes to the literature in environmental justice, natural resources law, and energy …

Regulating Marginalized Labor, Mary Hoopes

UC Law Journal

Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly fragmented and seldom enforced. One agency, the Equal Employment Opportunity Commission (EEOC), has emerged as an important exception, adopting innovative strategies to secure substantial settlements and a wide range of injunctive relief. Decades before contemporary movements on behalf of low-wage workers of color began, the EEOC was mounting an initiative to bring farmworkers into the core of Title VII’s protections and jurisprudence. Drawing upon …

Masthead

UC Law Journal

No abstract provided.

Mass Criminalization And Racial Disparities In Conviction Rates, Erin E. Meyers

UC Law Journal

A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are represented in the FBI’s master criminal database. Many scholars and commentators have questioned the desirability of mass criminalization and the resulting large-scale arrests.

I add new empirical context to this ongoing discussion by examining conviction rates among a nationally representative sample of young men. I find that, conditional on having been arrested, Black men are 29% less likely than their similarly situated White counterparts to experience conviction. This result …

The Extraction Industry In Latin America And The Protection Of Indigenous Land And Natural Resource Rights: From Consultation Toward Free, Prior, And Informed Consent, Kylah Staley

UC Law Journal

Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests. Furthermore, Indigenous customary lands contain 80% of the world’s biodiversity. Traditionally, Indigenous communities have been stewards of their lands, where they regard the land as means for their own physical, spiritual, and cultural survival rather than a commodity to be exploited. The only protection Indigenous Peoples have against …

Foreword, Jenny Sui, Nick Wood

UC Law Science and Technology Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law Science and Technology Journal

No abstract provided.

Adopting A Legislative Approach For Data In The Fourth Amendment: Defining Personal Data As An “Effect”, Dan Yosipovitch

UC Law Science and Technology Journal

This Article addresses the need to recognize a property-based right in personal data and to limit the amount of personal information that can be lawfully collected about individuals online. The Fourth Amendment, protecting “persons, houses, papers, and effects” from unreasonable searches must be interpreted to ensure privacy for personal data. The evolving nature of data privacy protections and global data privacy standards emphasizes the necessity to develop clear standards and statutes to protect an individual’s interest in their personal data. Statutes such as the E.U.’s GDPR and California’s CCPA, provide a regulatory framework on how to approach data privacy on …

Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Private Regulators Of The New Public Square, Jagdeep Sekhon

UC Law Science and Technology Journal

No abstract provided.

A Comparative Analysis Of The Eu And U.S. Data Privacy Regimes And The Potential For Convergence, Ruben De Bruin

UC Law Science and Technology Journal

No abstract provided.

Big Tech Trademarks: Trademark Law Empowers Big Tech To Maintain Market Dominance, Denise Pritchard

UC Law Science and Technology Journal

No abstract provided.

The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson

UC Law SF Communications and Entertainment Journal

No abstract provided.

From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe

UC Law SF Communications and Entertainment Journal

The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders? Moreover, …