Law Commons^™

Wildlife Is Not Crying Wolf: How Fish & Wildlife Service Can Utilize The Endangered Species Act To Mitigate Hybridization Threats To Listed Species, Kimberly Willis

UC Law Environmental Journal

As humans modify Earth’s landscapes and climate change fundamentally alters ecosystems, separately evolving wildlife populations may once again meet and interbreed with one another. This hybridization process may ultimately drive the less prolific of the two populations into extinction. U.S. Fish & Wildlife Service (“FWS”) has failed to fully utilize the tools within the Endangered Species Act (“ESA”) to adequately address the unique problems of species hybridization. Although FWS has resisted attempts to delist species undergoing hybridization, their recovery plans and critical habitat designations fall short of maximizing the potential for species recovery. This paper first explores the current regulatory …

Easements, Exchanges, And Equity: Models For California’S Climate And Housing Crises, Chase Stone

UC Law Environmental Journal

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

“Girl Riot, Not Gonna Be Quiet”––Riot Grrrl, #Metoo, And The Possibility Of Blowing The Whistle On Sexual Harassment, Kendra Doty

UC Law SF Journal on Gender and Justice

The 1990s’ Riot Grrrl movement was powerful. Beginning with feminist punk rock bands in Olympia, Washington and spreading throughout the country, girls sparked a revolution. In song lyrics, at group meetings, and in zines, girls formed a community devoted to loudly challenging the constraints society places on women. Part of this project involved flashpoint acts of rebellion—sparks of anger’s flame shooting out as these girls confronted sexual violence and called out perpetrators by name.

Foreshadowing the cascading stories of sexual assault and harassment that erupted in 2017 with #MeToo, the Riot Grrrls warned one another about dangerous people and provided …

A Proposal To Properly Address Implicit Bias In The Jury, Anona Su

UC Law SF Journal on Gender and Justice

No abstract provided.

It’S A Blowhorn, Not A Dog-Whistle: How President Trump’S Travel Ban Orders, Not His Statements, Are Enough To Establish A Violation Under The Religion Clauses, Charles Adside Iii

UC Law Constitutional Quarterly

Most bigots speak softly. They use dog-whistles, code words employed to prime bigoted sentiments within the listener. Not President Donald J. Trump; his voice on Islam is like a blow horn. His orders imposing travel bans on seven Muslimmajority countries were just as loud. Although the Trump v. Hawaii Court claimed that the executive order it reviewed was religiously neutral, adherence to precedent reveals that all three executive orders violated the Religion Clauses of the First Amendment. There is much discussion, however, regarding the President’s remarks about Islam. Many jurists conclude that they should be used for interpretative purposes in …

Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine, Brett Johnson, Shane C. Epping

UC Law SF Communications and Entertainment Journal

This paper introduces and explores the concept of forum delegation: the power of government officials to suggest which forums to allow speakers to use. The concept is born out of a recent legal battle between the University of Minnesota and conservative speaker Ben Shapiro, in which the UMN required Shapiro to speak in a venue away from the heart of campus due to concerns over the school’s ability to provide adequate security for the event. The paper first analyzes the UMN case to assess the constitutionality of forum delegation in the context of regulating speech and public universities. Next, it …

Corruption And College Sports: A Love Story, Andrea Cristiani Closa

UC Law SF Communications and Entertainment Journal

College sports are a staple of American tradition, bringing in hundreds of millions of viewers each year. Fans from all over the country root for their team’s success and hope they will be the ones to take home the national championship each year. Increasingly, however, college sports have been in the public eye for a very different reason: corruption. The National Collegiate Athletics Association’s (“NCAA”) Amateurism Rule, which prohibits student-athletes from receiving compensation, has contributed to this ongoing corruption. The NCAA insists upon its student-athletes remaining amateurs, even though its own rule is damaging the integrity of college sports. Players, …

Papercuts: Hierarchical Microaggressions In Law Schools, Nantiya Ruan

UC Law SF Journal on Gender and Justice

No abstract provided.

Tanks And Rubber Bullets Vs. Pussy Hats And High-Fives: A Comparative Look At The 2014 Ferguson Uprising And The 2017 Women’S March On Washington, Abby Harrington

UC Law SF Journal on Gender and Justice

No abstract provided.

The Case For Socioeconomic Affirmative Action: A Jurisprudential Examination At The Disparity Between Privilege And Poverty In Higher Education Admissions, Katelyn P. Dembowski

UC Law SF Journal on Gender and Justice

No abstract provided.

Masthead

UC Law Journal

No abstract provided.

Off-Label Drug Risks: Toward A New Fda Regulatory Approach, George Horvath

Faculty Scholarship

No abstract provided.

Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd

Faculty Scholarship

As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …

The Legal Reconstruction Of Walls: N.D. & N.T. V. Spain, 2017, 2020, Moria Paz

Faculty Scholarship

Recently, Western democracies have turned to building border walls as a strategy of immigration control. This Article makes two claims. First, human rights courts and quasi-judicial bodies are deeply implicated in this move. In the past decade or so, these institutions have been successful in both enforcing and creating new rights for asylum seekers and irregular migrants. They have used variants of access to guarantee hyper-protection to individual non-nationals who have either entered a host state or come under its effective control. This legal success has resulted in the unintended consequence of rendering wall-building a logical move for state prevention …

The Arc Of History In Patent Subject Matter, Robin Feldman

UC Law Science and Technology Journal

No abstract provided.

Health Law: The Unstoppable Growth Of Prescription Drug Prices, Robin C. Feldman

The Judges' Book

No abstract provided.

Patent Law: The Sound And Fury Of Patent Activity, Robin C. Feldman

The Judges' Book

No abstract provided.

Addiction And Expression, Luke Morgan

UC Law Constitutional Quarterly

Addictive products—such as tobacco, alcohol, and gambling—have been considered legitimate regulatory targets throughout American history and for thousands of years prior. Expressive products—such as newspapers, books, movies, and video games—have in the United States been considered essentially immune from content-based regulation, thanks to the First Amendment. But what if the content of an expressive product makes it addictive? Which tradition must give in: the ancient power of legislatures to protect society at large from the wideranging impacts of addiction, or the legal shield that has generated a thriving culture of artistic independence? This Article is the first to explore the …

Constitutional Discourse And The Rhetoric Of Treason, J. Richard Broughton

UC Law Constitutional Quarterly

This Article asserts that treason talk is a form of constitutional discourse. Further, the Article explains that although treason remains a crime worth taking seriously in American criminal and constitutional law, colloquial invocations of treason have the potential to undermine treason’s seriousness and erode its constitutional and historical foundations, as well as diminish an appreciation of its limits. That is particularly true when treason is invoked by a sitting president, whose unique role in constitutional government—and potential to influence criminal prosecutions— requires special caution with respect to public rhetoric about treason. This Article then cites two specific and complicated areas …

The First Amendment And Modern Technology: The Free Speech Clause And Chatbot Speech, Hilda Kajbaf

UC Law Constitutional Quarterly

Our contemporary conversations with chatbots raise a constitutional question not previously considered: is the speech produced by chatbots constitutionally protected? If so, whose speech is the Constitution protecting—that of the chatbot or the human who programmed it with algorithms? If the Supreme Court recognizes the human programmer as the speaker of chatbot speech, as this Note contends it should, what are the potential liabilities the programmer could face as a result of such recognition, and how would this change the doctrinal landscape of the First Amendment for government regulation of speech? This Note proceeds in five parts. Section I defines …

Governing The Salish Sea, Kyla Wilson

UC Law Environmental Journal

No abstract provided.

From Corporate Responsibility To Corporate Accountability, Min Yan, Daoning Zhang

UC Law Business Journal

Corporate responsibility, or CSR, which has become a heated topic over recent decades, concerns a broader range of interests than shareholders by focusing on companies’ voluntary approaches to engage with social/environmental issues. In contrast, corporate accountability is more about a confrontational or enforceable framework of influencing corporate behavior through clear means for sanctioning failure. On the ground that voluntary CSR is inadequate to deliver the necessary change and to secure more socially responsible activities, this Article proffers a framework for corporate accountability based on existing institutional systems. Different from the neoclassical version of corporate accountability, this Article argues stakeholders, other …

Masthead

UC Law Business Journal

No abstract provided.

One Duty To All: The Fiduciary Duty Of Impartiality And Stockholders’ Conflict Of Interest, Shachar Nir

UC Law Business Journal

Delaware precedent, primarily Trados and ODN, holds that corporate boards of directors owe fiduciary duties to holders of corporation common stock and not to holders of preferred stock. This precedent, however, fails to address a broad range of complex but commonly occurring potential conflicts between and among holders of common stock and multiple classes of preferred stock.

Rarely analyzed or applied in an intra-corporate context, the fiduciary duty of impartiality allows a fiduciary to exercise discretion while having a duty to act bona fide in the best interests of the beneficiaries as a whole. Mostly derived from U.S. common law …

Policy Analysis: The Ndrc’S Reg. No. 11, China’S New Capital Control, Yumeng Xu

UC Law Business Journal

Trade disputes between the United States and China have caught momentary worldwide attention. However, because the world’s two largest economies are interlocked in various aspects, it is hard to cut these connections, despite Washington and Beijing’s constant effort to dwindle each other’s impact. As one of the major sources of foreign investment for the U.S., China has been adjusting its capital control policies for years in response to development needs and in order to address the changing investment environment in foreign countries. This Note spotlights China’s latest outbound capital control regulation, NDRC Regulation No. 11 (“Reg. No. 11”), and how …

The Janus Decision And The Future Of Private- Sector Unionism, Michelle Quach

UC Law Business Journal

In order for a union to represent a group of workers, a petition to start the election process must first be filed with the National Labor Relations Board (“NLRB”) and it must receive support from 30% of the employees. Once the NLRB determines that the 30% threshold is met, the NLRB will conduct an election to determine if a majority of employees want union representation. If the union is certified by the NLRB, through a majority vote, the union becomes the exclusive bargaining representative of the employees. That is, the union becomes the sole representative of the employees and may …

California Cannabis Regulations And The Federal Food, Drug & Cosmetic Act: A Product Liability Perspective Of Edible Cannabis, Alexis Lazzeri

UC Law Business Journal

From the passage of Proposition 215 to present day, California’s cannabis industry has transformed from access solely for medical patients to a nearly three billion dollar a year industry with legal medicinal and adult-use consumption. With this rise in accessibility, edible cannabis products are being consumed more than ever. “Edibles” are food and drink products infused with cannabis, a mix of THC (i.e., delta 9 - tetrahydrocannabinol) and CBD (i.e., cannabidiol)—with varying levels of each, depending on the desired effect. CBD is a non-intoxicating compound often used to treat physical ailments and chronic conditions, while THC delivers a euphoric high. …

Masthead

UC Law Journal

No abstract provided.

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

UC Law Journal of Race and Economic Justice

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article, juxtaposing …