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Articles 781 - 810 of 8885
Full-Text Articles in Law
The Special Purpose District Reconsidered: The Fifth Circuit’S Recent Declaration That The Edwards Aquifer Authority Is A Special Purpose District Under The Voting Rights Act, And The Tortured History That Led To That Decision, Christopher Brown
UC Law Environmental Journal
No abstract provided.
Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores
Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores
Hastings Journal of Crime and Punishment
While growing scholarship has been crucial in understanding gang policing’s nature and impacts, there is currently limited research focusing on how policing relies upon fragmenting communities and perpetuating divisions within them. Gang policing claims to respond to conflict and rivalries between “gangs,” but how does this policing produce and perpetuate these community divisions? This paper seeks to understand how gang policing tactics perpetuate divisions and fragment communities while simultaneously producing criminality. This study used a qualitative approach, interviewing eight participants in Berkeley, San Diego, and Los Angeles who are perceived by law enforcement as “gang members” but who self-identify instead …
From The Editor-In-Chief, Ashlee Raskulinecz
From The Editor-In-Chief, Ashlee Raskulinecz
UC Law SF International Law Review
No abstract provided.
Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa
Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa
UC Law SF International Law Review
Congress enacted the Child Soldiers Prevention Act in order to stop public funds from directly supporting armies that use child soldiers. This paper examines how the Act has been applied to Myanmar, where both State and nonstate forces recruit children. Myanmar’s internal conflict illustrates numerous reasons for why children may join armed groups and demonstrates shortcomings in the Act’s approach towards curbing the practice.
Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis
Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis
UC Law Journal of Race and Economic Justice
In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …
Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman
Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman
UC Law SF Communications and Entertainment Journal
No abstract provided.
Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland
Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland
UC Law SF Communications and Entertainment Journal
No abstract provided.
We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
UC Law SF Communications and Entertainment Journal
No abstract provided.
Payment For Order Flow And The Great Missed Opportunity, Joel Seligman
Payment For Order Flow And The Great Missed Opportunity, Joel Seligman
UC Law Business Journal
No abstract provided.
From The Editor-In-Chief, Liliana A. León Rivera
From The Editor-In-Chief, Liliana A. León Rivera
UC Law SF International Law Review
No abstract provided.
The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol
The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol
UC Law SF International Law Review
Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …
The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman
The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman
UC Law SF International Law Review
As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
UC Law SF International Law Review
Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …
Foreword, Richelle Joy Gernan, Cecilia Salem
Foreword, Richelle Joy Gernan, Cecilia Salem
UC Law Constitutional Quarterly
No abstract provided.
Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic
Against Equality: A Critical Essay For The Naacp And Others, Richard Delgado, Jean Stefancic
UC Law Constitutional Quarterly
We address a recurring problem in movement scholarship and activism: why do some civil rights organizations persist in promoting themselves as advocates of equal protection when street activists rarely mention it, and lawyers know that litigation brought under that clause almost always loses? Try to recall the last time you heard of a street protest by a group—say Mexican-American school children in Tucson, Arizona, Black victims of police violence, or military women subjected to sexual harassment— proceeding under the banner of equal protection. Or think when you last read of a lawyer who brought and won a case for a …
A Push For An Egalitarian Constitution, Richelle Joy Gernan
A Push For An Egalitarian Constitution, Richelle Joy Gernan
UC Law Constitutional Quarterly
No abstract provided.
American Imperialism In Hawai’I: How The United States Illegally Usurped A Sovereign Nation And Got Away With It, Noelani Nasser
American Imperialism In Hawai’I: How The United States Illegally Usurped A Sovereign Nation And Got Away With It, Noelani Nasser
UC Law Constitutional Quarterly
In 1778, England’s Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai’i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural identities that were not present in England or the newly independent United States. Following the United States’ overthrow of the Hawaiian monarchy in 1893, the United States quickly enacted legislation that severely impacted the Native Hawaiians. This paper will discuss historical events in Hawai’i from 1778 to the twenty-first century …
For An Anti-Discrimination Act For Cyberspace: Two-Sided Pricing, Walled Gardens, And The Depletion Of The Marketplace Of Ideas, Julien Mailland
For An Anti-Discrimination Act For Cyberspace: Two-Sided Pricing, Walled Gardens, And The Depletion Of The Marketplace Of Ideas, Julien Mailland
UC Law SF Communications and Entertainment Journal
In the wake of renewed policy interest for the regulation of Internet gatekeepers, I argue that the U.S. Congress should pass a sweeping net neutrality regulation, an Anti-Discrimination Act for Cyberspace. Breaking with the tradition of siloed research which has seen similar proposals grounded in economics, computer science, history, political philosophy, and administrative and constitutional law, as separate matters, I offer a multi-disciplinary approach which combines these fields to draw new insights for Internet law and policy. I argue, with reference to leading Supreme Court cases, including Pruneyard Shopping Center v. Robins, that such a law would most likely pass …
Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang
Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang
UC Law SF International Law Review
Drawing upon overseas experiences, notably the U.S., China introduced the legal regime for shareholder inspection rights in its first national company law and over the years, has gradually developed more detailed rules and made amendments intended to better suit the local conditions. Apart from written law, this paper also conducts an empirical study of how the law has been applied in practice, by examining relevant cases adjudicated from 2012 to 2017. The empirical findings show that China’s shareholder inspection rights have some distinctive features, and there are similarities and differences between China and the U.S. (as represented by Delaware). Despite …
The Ideal And The Actual In Procedural Due Process, Norman W. Spaulding
The Ideal And The Actual In Procedural Due Process, Norman W. Spaulding
UC Law Constitutional Quarterly
The law proceduralists write about and teach is nothing like what most ordinary Americans experience when they step into court. Indeed, the evidence shows that most Americans who have legal problems do not ever get to court, nor do they receive a meaningful alternative hearing. In this way both judicial and academic discourse on procedure, even among those who see glaring problems of access to justice, is idealized, abstract, and ossified—unconnected to the actual. This Essay describes the ideal/actual divide in procedure—the cognitive, doctrinal and ideological effects of lingering on the ideal side of it, and the forms of subordination …
Digitizing The Dollar: Privacy Considerations And Policy Prescriptions For A U.S. Central Bank Digital Currency, Gina Ahmar
UC Law Business Journal
No abstract provided.
Is Online Sport Betting Illegal In California?, James Fischer
Is Online Sport Betting Illegal In California?, James Fischer
UC Law Business Journal
No abstract provided.
Foreword, Gina Ahmar, Rebecca Siegel
You Say Fiduciary, I Say Binary: A Review And Recommendation Of Robo-Advisors And The Fiduciary And Best Interest Standards, Sophia Duffy, Steve Parrish
You Say Fiduciary, I Say Binary: A Review And Recommendation Of Robo-Advisors And The Fiduciary And Best Interest Standards, Sophia Duffy, Steve Parrish
UC Law Business Journal
Automated investment advice platforms, also known as “roboadvisors”, are investment advice tools that have quickly grown in popularity over the last decade. These sophisticated software platforms allow individuals to receive low-cost financial advice about various financial planning goals, such as creating or adjusting investment portfolios, retirement planning, education funding, and the like, simply by entering asset and demographic information into an online platform. The robo-advisors automatically generate the financial advice based on the data inputs with little to no involvement from a human financial advisor. The allure of these low-cost, easily accessible robo-advisors has captured a large segment of the …
Ab-5 And Drive: Worker Classification In The Gig Economy, Kai Thordarson
Ab-5 And Drive: Worker Classification In The Gig Economy, Kai Thordarson
UC Law Business Journal
Gig-economy platforms such as Uber and Lyft rely on their drivers as the backbone of their ride-sharing operations. These drivers, typically classified as independent contractors, are in a state of regulatory flux regarding their worker classification. Due to the novelty of the workeremployee relationship in gig-economy platforms, these drivers exist in a regulatory gray area. California, with its very recent (and very controversial) Assembly Bill 5, has changed its operative worker-classification formulation to the worker-friendly “ABC” test in an attempt to statutorily modernize the burgeoning industry. In addition to analyzing the range of tests and their effect on the gig …