Law Commons^™

Sticky Regulations And Net Neutrality Restoring Internet Freedom, Aaron L. Nielson

UC Law Journal

Stable law is valuable, yet also remarkably lacking in our nation’s internet policy. Over the last two decades, the Federal Communications Commission (FCC) has charted a zigzagging course between heavier and lighter regulation. Last year, the U.S. Court of Appeals for the District of Columbia Circuit largely upheld the agency’s latest shift—this time toward deregulation. But in 2016, that same court upheld the agency’s shift in the opposite direction. And to top it all off, some predict that after political control of the White House shifts, the FCC may again reverse course and reinstate a policy similar to what the …

Power Lines: Climate Change And The Politics Of Undergrounding, Deborah Brundy

UC Law Journal

After years of enduring devastating loss of property and life, toxic air quality and intermittent power shutoffs, the public is primed for dramatic change to ensure a safe and resilient power grid. To achieve this, Californians are demanding that utilities bury the wires. As the court in Town of Tiburon v. Bonander emphasized over a decade ago, “it requires no independent research to support the self-evident conclusion that placing overhead utility wires underground will reduce the risk of weather-related power outages as well as the safety risk posed by downed utility poles and lines.”1 Wholesale undergrounding is not the cure-all …

Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh

UC Law SF Communications and Entertainment Journal

When people think of sports gambling, they think of Las Vegas. Until recently, Nevada was the only state where one could legally place bets on sporting events. However, since the recent Supreme Court decision, Murphy v. NCAA, states are now in control when it comes to deciding whether or not to legalize sports gambling. As a result of the Murphy v. NCAA decision, some states have started to pass legislation to allow its citizens to legally place bets on certain sporting events. The driving force to legalize sports gambling stems from states’ desires to increase revenue through the taxation of …

Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le

UC Law SF Communications and Entertainment Journal

Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world’s stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government relative to non-host cities in the same country, and that this may be particularly important in periods of economic recession and resource scarcity. Sports play a central role in quality education for all, and sports have been found to advance public health, …

Masthead

UC Law Science and Technology Journal

No abstract provided.

Binding Effects Of The European General Data Protection Regulation (Gdpr) On U.S. Companies, Manuel Klar

UC Law Science and Technology Journal

No abstract provided.

The Antitrust Impact Of Venture Capital Firms On Concentration In The Technology Sector, Bushra Samimi

UC Law Science and Technology Journal

Technology plays a significant and crucial role in the current global economy. It impacts consumer welfare, the job market, economic progress, and the emergence of innovative technology. Due to the fact that the technology sector provides necessary and critical services, technology companies exercise immense power over consumers who rely on their products. The rising concentration in the technology sector magnifies the potential anticompetitive forces at play. This article argues that venture capital financing leads to anticompetitive effects in the technology industry. Although most startups intend to eventually go public through an initial public offering (“IPO”), the liquidity pressures from venture …

The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon

UC Law SF Communications and Entertainment Journal

Journalism is not only under the attack of fake news and post-truth politics. Its main enemy comes from within. Malpractices of journalism such as the fabrication of sources and fake stories and illegal intrusion in people’s privacy are part of the equation that leads to people’s distrust in news organization.

This article addresses two very related topics that, nevertheless, have not been sufficiently studied as part of the same phenomenon: the reporter’s privilege to protect his sources’ identity and its connection with a journalist’s involvement in the illegal hacking or interception of private communications.

After reviewing most relevant case laws …

United States V. Stevens At 10: Adding A “Prurient Intent” Element To Resolve Constitutional Overbreadth In The Federal Anti-Animal Cruelty Statute, 18 U.S.C. § 48, Dale Radford

Hastings Journal of Crime and Punishment

Ten years ago, in United States v. Stevens, the United States Supreme Court overturned the federal anti-animal cruelty statute 18 U.S.C. § 48 for the first time. The statute was specifically drafted to target the clandestine underground production of so-called “crush videos,” adult entertainment videos depicting animals being purposefully tortured to death by scantily clad women.

The Court overturned the statute for potentially criminalizing portrayals of legal activity with redeeming socio-cultural value, such as hunting. While the Court relied heavily on analyzing speech as it relates to child pornography, it did not address whether depictions of animal torture constitute “obscenity” …

Masthead

UC Law SF International Law Review

No abstract provided.

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.

Editors’ Foreword, Tatiana Herschlikowicz, Christopher Johnson

Hastings Journal of Crime and Punishment

No abstract provided.

Should Consistency Be Part Of The Reform Prosecutor’S Playbook?, Kay Levine

Hastings Journal of Crime and Punishment

In this piece, I explore the value of consistency in a prosecutor’s office that is committed to racial justice, fiscal responsibility, and strategies to reduce the size of the carceral state. I argue that consistency of process, rather than consistency of outcome, is the principal value that leadership ought to embrace in furtherance of its reformist goals. In prioritizing consistency of process, the office would design a “prosecutorial calculus” to guide line prosecutors’ case management decisions (i.e., it would identify the factors that should influence whether and what to file, how to handle pre-trial release, and what to offer as …

Regressive Prosecutors: Law And Order Politics And Practices In Trump’S Doj, Mona Lynch

Hastings Journal of Crime and Punishment

No abstract provided.

Editor In Chief: Foreword, Virginia Millacci

UC Law Journal of Race and Economic Justice

No abstract provided.

This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin

UC Law SF Communications and Entertainment Journal

This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. Specifically, why many believe that jokes to not meet the qualifications of being an expression, as well as the fear that protecting jokes will lead to chilled speech.

Additionally, this note shall discuss the ways jokes could be protected under the current legal scheme, including trademark and state …

Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader

UC Law Journal of Race and Economic Justice

In recent years, controversies surrounding curriculum and instruction about Muslims and Islam in U.S. public schools have become more common. In some instances, Muslim American parents and students have challenged representations that spread and reinforce denigrating stereotypes and misconceptions about their faith and co-religionists. In a seemingly growing trend, however, some non-Muslim students and parents are objecting to courses and programs due to perceived favorable or neutral treatment of the Islamic faith. Such cases, controversies and curricula illustrate how popular anxieties surrounding the integration of immigrant populations, particularly Muslims, are increasingly infecting classrooms, school districts and communities. They also provide …

From The Editor, Anushri Mehta

UC Law SF International Law Review

No abstract provided.

Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat

UC Law SF International Law Review

Pervasive graft, widely observed throughout Chinese history but deprived of proper outlets and suppressed in the years following the Communist Revolution, resurfaced on massive scale when partial marketization of the economy was embraced in 1978 and beyond. The authorities had endeavored to alleviate the problem, but in an uneven and less than determined fashion. The battle against corruption has greatly intensified after Xi Jinping ascended to power in 2012. The multiyear antigraft campaign that has unfolded has been carried out in an iron-fisted and relentless fashion. It has yielded some tangible benefits, yet the negative side of the ledger is …

Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi

UC Law SF International Law Review

No abstract provided.

Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz

UC Law SF International Law Review

Transfer pricing allows corporations to shift profits from high-tax jurisdictions to low-tax jurisdictions. When employed by multinational corporations, which produce up to 70% of the wordl’s trade, many can shelter billions of dollars in tax havens. This paper explores how this is possible by analyzing the ise of Base Erosion and Profit Shifting Tools in Ireland.

Worse Than Punishment: How The Involuntary Commitment Of Persons With Mental Illness Violates The United States Constitution, Samantha M. Caspar, Artem M. Joukov

UC Law Constitutional Quarterly

This Article highlights that individuals who suffer from mental health problems can be particularly defenseless against an attack on their liberty through criminal and civil law. Specifically, it delineates how the current laws allow for a potential indefinite commitment of a person who may not have even committed a single crime. The Article explains that constitutionally mandated standards should be required to protect individuals who face losing their liberty due to the perceived threat of future harm. The authors posit that, while preventing individuals from harming themselves or others is an honorable goal, the state should only be able to …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown

UC Law SF International Law Review

No abstract provided.

Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang

UC Law SF International Law Review

Amidst the U.S.-China trade war, China’s banking sector, the backbone of China’s economy, plays a key role in this battle. China’s banking sector, however, poses a puzzle to contemporary studies of state-owned banks (“SBs”). According to the property right theory, the mainstream SB theory, SBs are negative for the financial and economic development of an economy because it is susceptible to more serious agency problems, excessive political intervention, and conflict of interest between state regulators and state owners. That said, the economic success of China, whose banks are mostly owned and controlled by the Chinese party-state supports the development theory, …

California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku

UC Law SF International Law Review

No abstract provided.

Comparative Cruelty: A Comparative Analysis Of The Eighth Amendment To The United States Constitution And Section Nine Of The New Zealand Bill Of Rights Act, Carrie Leonetti

UC Law Constitutional Quarterly

Given that the United States Constitution and the New Zealand Bill of Rights Act both contain prohibitions against governmental acts of cruelty and torture, this Article offers a comparative analysis of the judicial interpretations of the meaning of “cruel” in the prohibition against cruel and unusual punishment in the two country’s founding documents. The Article beings by considering the shared historical underpinnings of the prohibitions, which require a proportionality analysis when assessing whether a punishment is excessive. Next, it examines the meaning of “cruelty” and the scope of the prohibitions in New Zealand and the United States. The Article documents …

Neurodiversity In Public Schools: A Critique Of Special Education In America, Pallavi M. Vishwanath

UC Law Constitutional Quarterly

This Note provides a comparative critique to the special education practices in the U.S. and Canada. The Note reasons that a country or democracy is most benefitted when there is a recognized governmental duty to maximize the potential of every student via public education. The Note further exposes how a difference in governmental duty to provide equal education drastically affects students’ dignity and potential. This Note describes the history of the American public education system; explains the development of special education in the United States and the ambiguous governmental duty to educate American students; and discusses Canadian case law regarding …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Foreword, Wendy Melissa Hernandez

UC Law Constitutional Quarterly

No abstract provided.