Law Commons^™

The Green Police In The Golden State: An Analysis Of The Criminal Enforcement Of Environmental Law In The State Of California, Joshua Ozymy, Melissa Jarrell Ozymy

UC Law Environmental Journal

The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries for every federal criminal investigation undertaken by the U.S. Environmental Protection Agency (EPA) in the State of California that led to criminal prosecution, 1983-2019, we are able to provide a comprehensive account of what laws are violated, how prosecutors charge environmental criminals, and how these criminals are sentenced, illustrating broader themes in …

Artificial Intelligence And Inventorship – Does The Patent Inventor Have To Be Human?, Mimi S. Afshar

UC Law Science and Technology Journal

No abstract provided.

Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong

UC Law SF Journal on Gender and Justice

Assisted Reproductive Technology continues to grow in popularity. Commercial surrogacy has proved no exception to this trend. However, lack of regulation at the international, federal, and state levels has given rise to a myriad of ethical and legal problems. This article considers the taxonomical question that any regulator must ask: Which field of law ought to be responsible for regulating this industry? It argues that although commercial surrogacy is often discussed as part of the family law rubric, on closer inspection, family law is fundamentally ill-suited to meet the needs of those involved in commercial surrogacy. By demonstrating the challenges …

Linkedin: A Case Study Into How Tech Giants Like Microsoft Abuse Their Dominant Market Position To Create Unlawful Monopolies In Emerging Industries, Ram Bhadra

UC Law Science and Technology Journal

The United States Court of Appeals for the Ninth Circuit should reconsider the merits of hiQ Labs’ antitrust arguments against Microsoft after the Supreme Court of the United States vacated the district court’s judgement and remanded hiQ Labs, Inc. v. LinkedIn Corp. back to the district court. LinkedIn and its parent company Microsoft have violated Section 2 of the Sherman Antitrust Act by denying its direct competitor, hiQ Labs, in the downstream people data analytics market access to data available publicly and exclusively on LinkedIn. Limiting the consumers’ and recruiters’ option of downstream people data analytics tools to only the …

The United States’ Ineffective Response Towards Hong Kong’S National Security Law, Justine Yu

UC Law Journal

The city of Hong Kong has undergone a dramatic political shift in recent years. Once known as a safe haven for freedom of speech and expression,1 HK is now a place where anti-Communist Party views are suppressed under the National Security Law.2 The imposition of national security legislation over HK drew wide criticism from Western nations and pro-Democracy activists. This Note will focus specifically on the United States’ response and critique its shortcomings in response to the NSL. Because the current U.S. approach fails to achieve its desired outcome of upholding HK autonomy and democracy, this Note will also set …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Masthead

UC Law Journal

No abstract provided.

What Got Us Here, Won’T Get Us There: Why U.S. Commercial Space Policy Must Lie In An Independent Regulatory Agency, Gerardo Inzunza Higuera

UC Law Journal

This Note addresses the need for a comprehensive, centralized independent agency designated solely for the management of commercial space activities. The current commercial “space rush” promises unimaginable possibilities and profits for a burgeoning sector, yet no single federal agency has been entrusted with the regulation of this nascent industry. Currently, the United States has settled into an inefficient, fragmented regulatory approach that unduly burdens commercial players and frustrates its national objective of fostering a robust commercial low- Earth orbit economy. This Note analyzes proposals by Congress for such a new regulatory agency and concludes by proposing a new framework that …

The Federal Response To Covid-19: Lessons From The Pandemic, Nancy J. Knauer

UC Law Journal

When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of pages. The George W. Bush administration spearheaded national pandemic planning in 2005 as part of the post-September 11 efforts to modernize the country’s disaster response capabilities. Subsequent administrations revisited and revised the various pandemic plans, including the Trump administration as recently as 2017 and 2018.

Despite these detailed plans, the Trump administration was slow to respond to the emerging public health crisis or implement any of …

How Can I Ever Repay You? The Borrower’S Dilemma And A Tax-Based Solution To The Student Debt Problem, Kate Souza

UC Law Journal

The growing cost of higher education relative to wage growth means that college is no longer the sure path to financial security it once was. While the cost of tuition ballooned over the past several decades, government funding for higher education diminished. Students have made up the difference by borrowing more. For many borrowers, large student loans result in unmanageable debt that makes their financial futures less secure. Student debt also harms society and the economy. If the government wants Americans to continue to have access to higher education, it must find ways to make higher education more affordable.

Politicians …

Laws Prohibiting Vaccine Mandates: An Overview, Dorit Rubenstein Reiss

Faculty Scholarship

During the COVID-19 pandemic, for the first time, a significant minority of states passed laws limiting or outright prohibiting vaccines mandates. The laws varied greatly in what they covered, the way they addressed the issue, and their intended results. This Article provides a detailed overview of these mandate bans. Consequently, this Article demonstrates that most of the bans target potential vaccine mandates limiting access to government buildings and services—and points out that no states adopted such mandates. That said, a growing sub-set of states also adopted laws or executive orders prohibiting private actors from imposing mandates—either on customers or on …

Introduction, Scott Dodson

The Judges' Book

No abstract provided.

Foreword, Daniel Bress The Honorable

The Judges' Book

No abstract provided.

Evidence: A Brief Guide To Differential Etiology, David L. Faigman

The Judges' Book

No abstract provided.

Tort Litigation: Brave New World: Technology And Tort Practice, Richard Marcus

The Judges' Book

No abstract provided.

Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O’Neill, Eric Biber, Nicholas Marantz

Faculty Scholarship

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …

Table Of Contents

The Judges' Book

No abstract provided.

Civil Procedure: Personal Jurisdiction After Ford, Scott Dodson

The Judges' Book

No abstract provided.

Constitutional Law: Article Iii And The Political-Question Doctrine, Scott Dodson

The Judges' Book

No abstract provided.

Constitutional Law: Congress’S Power Over Military Offices, Zachary S. Price

The Judges' Book

No abstract provided.

Environmental Law: Law, Land Use, And Groundwater Recharge, Dave Owen

The Judges' Book

No abstract provided.

Environmental Law: Rivers With Rights, David Takacs

The Judges' Book

No abstract provided.

Health Law: The Devil In The Tiers, Robin Feldman

The Judges' Book

No abstract provided.

Health Law: Vaccine Mandates And Religion, Dorit Reiss

The Judges' Book

No abstract provided.

Immigration Law: The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen

The Judges' Book

No abstract provided.

International Law: Prosecuting Foreign States, Chimène I. Keitner

The Judges' Book

No abstract provided.

International Law: A Roadmap For Foreign Official Immunity In U.S. Courts, Chimène I. Keitner

The Judges' Book

No abstract provided.

Punitive Surveillance, Kate Weisburd

Faculty Scholarship

Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone tracking, and suspicionless searches of electronic devices—is often touted as a humane substitute for incarceration. This type of monitoring, which I term “punitive surveillance,” allows government officials, law enforcement, and for-profit companies to track, record, search, and analyze the location, biometric data, and other meta-data of thousands of people on probation and parole. With virtually no legal oversight or restraint, punitive surveillance deprives people …

Lost In The Maze: Refugees And The Law, Moria Paz

Faculty Scholarship

No abstract provided.

Sustainable Communities Or The Next Urban Renewal?, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber

Faculty Scholarship

Inadequate housing supply in California’s most expensive metro areas drives a statewide housing crisis that challenges climate policy implementation, fair housing goals, and poverty reduction. Many scholars and policy makers agree that increasing dense infill transit-oriented residential development (TOD) in high-cost metro areas could address this housing crisis while also mitigating the impacts of climate change. But some advocates and scholars liken state policy that promotes TOD to twentieth century urban renewal—contending that state-incentivized TOD disproportionately displaces lower income communities. To explore this issue, and to examine the relative influence of both state law promoting TOD and local law regulating …