Law Commons^™

Foreword, Lauren Goto, Alex Crutchfield

UC Law Business Journal

No abstract provided.

Turbulent Times At Treasury: Applying The Appointments Clause To Irs Appeals Officers, Christopher Dykzeul

UC Law Business Journal

No abstract provided.

The (Un)Predictable Impact Of Technology On Corporate Governance, Chiara Picciau

UC Law Business Journal

This article offers a novel account of the likely impact of new technologies—such as big data, algorithms, artificial intelligence, the blockchain, and smart contracts—on corporate governance. It shows that, contrary to common predictions, one of the most significant and immediate effects of these technologies on corporations concerns the distribution of competences and responsibilities among corporate bodies. The claim is supported by identifying five primary determinants of the current balance of powers in corporate organizations: (i) the speed and frequency of the decisions; (ii) the information necessary to decide and who has access to it; (iii) the costs of assigning decision-making …

Masthead

UC Law Business Journal

No abstract provided.

Section 10(B) And The Fiduciary Conundrum, Thomas M. Madden

UC Law Business Journal

No abstract provided.

The Hiring Entity’S Usual Course Of Business, Syed M. Q. Ali Khan

UC Law Business Journal

The ABC test has increasingly become a tool to differentiate employees from independent contractors. Companies and counsel throughout the nation have grappled with Part B of this test, which requires a determination of the hiring entity’s “usual course of business.” Adjudicators have provided little guidance on how to conduct this analysis and are admittedly frustrated with this “elusive concept.” Yet a thorough treatment of the analytical framework and guiding principles of Part B of the ABC Test has not been put forth.

This article fills this void in scholarship. By tracing the relevant concepts to the common law control test, …

Evidence: Evidence Of Memory From Brain Data, Emily Murphy

The Judges' Book

No abstract provided.

Antiracism, Reflection, And Professional Identity, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

UC Law Journal of Race and Economic Justice

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …

Tribally Defined Citizenship Criteria: Countering Whiteness As Property Interpretations Of “Indian” For Restoring Inherent Sovereignty, Lori Bable

UC Law Journal of Race and Economic Justice

This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations’ sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS opinions, especially recently, threaten to further reduce tribal sovereignty insofar as Tribal Nation citizenship remains based upon blood quantum. The case studies examined herein were selected because of the ways they strategically diminished Tribal Nation sovereignty via rhetorical precarity created using equivocations on the meaning of “Indian.” Through articulating how SCOTUS …

Masthead

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.

The Challenges In Health Care For Pregnant Women In U.S. Correctional Institutions, Mahnoor Yunus

UC Law Journal of Race and Economic Justice

No abstract provided.

From Threat To Victim: Why Stand Your Ground Laws Are Inherently Prejudiced And Do Nothing To Further Justice, Rene Perez

UC Law Journal of Race and Economic Justice

Stand Your Ground laws give jurors too much leeway in determining what constitutes a reasonable threat in defense cases.2 By removing the traditional duty to retreat, the reasonableness determination makes or breaks a case and inherently discriminates against people of color. This is because reasonableness can all too easily become a character determination instead of an objective adjudgment. Because Stand Your Ground is present at the investigator’s discretion stage, the prosecutorial discretion stage, and finally the judicial stage through jury instructions and juror bias—there is a unique platform for implicit bias to dictate how defendants are advantaged or disadvantaged in …

A Necessary Job: Protecting The Rights Of Parents With Disabilities In Child Welfare Systems, Enne Mae Guerrero

UC Law Journal of Race and Economic Justice

No abstract provided.

Consequences Of Police In Schools: The Criminalization Of Children In An Era Of Mass Incarceration, Katherine Elizabeth Holloway

UC Law Journal of Race and Economic Justice

No abstract provided.

Protecting California’S Farmworkers During The Wildlife Crisis: The State’S Response And The Need For Reform, Maria Salinas

UC Law Journal of Race and Economic Justice

Wildfires are a normal part of California’s drought-prone landscape, but in recent years, blazes have become more deadly and destructive than ever before due to climate change, low precipitation, and forest mismanagement. To date, the wildfires in 2020 remain some of the worst in the state’s history in terms of acreage lost, loss of life, and structures destroyed. Experts suggest that “without greater investment in prevention and systematic changes to combat the effects of climate change. . . California almost certainly has more record-setting fire seasons in store.”

This is a very grim reality for all Californians, but particularly for …

Introduction, David Faigman

The Judges' Book

No abstract provided.

Antitrust Law: Pharmaceutical “Pay For Delay” Reexamined, Robin Feldman

The Judges' Book

No abstract provided.

Health Law: Vaccine Mandates: A Primer, Dorit Reiss

The Judges' Book

No abstract provided.

Civil Procedure: The Zooming Of Federal Civil Litigation, Scott Dodson

The Judges' Book

No abstract provided.

Constitutional Law: Blockchain’S Challenge For The Fourth Amendment, Paul Belonick

The Judges' Book

No abstract provided.

Foreword, Nicholas G. Garaufis The Honorable

The Judges' Book

No abstract provided.

Bankruptcy: Bankruptcy Hardball, Jared Ellias

The Judges' Book

No abstract provided.

Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams

The Judges' Book

No abstract provided.

Health Law: Physician Aid In Dying And Assessment Of Patient Capacity, Lois A. Weithorn

The Judges' Book

No abstract provided.

Corporate Law: Does Trados Matter?, Abraham J.B. Cable

The Judges' Book

No abstract provided.

Intellectual Property: Naked Price & Pharmaceutical Trade Secret Overreach, Robin Feldman

The Judges' Book

No abstract provided.

Tax: Exit Rights Triggered By Tax Law Changes, Heather M. Field

The Judges' Book

No abstract provided.

Table Of Contents

The Judges' Book

No abstract provided.

Civil Procedure: A Critique Of Jurisdictionality, Scott Dodson

The Judges' Book

No abstract provided.