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Articles 1 - 30 of 560
Full-Text Articles in Law
The Epistemic Injustice Of Algorithmic Family Policing, Stephanie K. Glaberson
The Epistemic Injustice Of Algorithmic Family Policing, Stephanie K. Glaberson
UC Irvine Law Review
The child welfare system is the system through which U.S. state authorities identify and intervene in families seen as posing a risk of abuse or neglect to their children. Impacted families, advocates, and scholars have joined in a growing chorus in recent years, demonstrating how this system—which many now refer to as the “family policing” system—destroys families and communities as opposed to supporting them. Many now call for the system’s abolition, arguing that the system, while masquerading as one of care and benevolence, is in fact an integral part of the carceral web constituted by criminal policing, prisons, jails, and …
A New Approach To Patent Reform, Janet Freilich, Michael Meurer, Mark Schankerman, Florian Schuett
A New Approach To Patent Reform, Janet Freilich, Michael Meurer, Mark Schankerman, Florian Schuett
UC Irvine Law Review
Scholars and policymakers have tried for years to solve the tenacious and harmful crisis of low-quality, erroneously granted patents. Far from resolving the problem, these determined efforts have resulted in hundreds of conflicting policy proposals, failed congressional bills, and no way to evaluate the policies’ value or impact or to decide between the overwhelming multiplicity of policies.
This Article provides not only new solutions but a new approach for designing and assessing policies both in patent law and legal systems more generally. We introduce a formal economic model of the patent system that differs from existing scholarship because it permits …
Whiteness As Contract In The Racial Superstate, Marissa Jackson Sow
Whiteness As Contract In The Racial Superstate, Marissa Jackson Sow
UC Irvine Law Review
Despite the United Nations’ (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies—successfully blocked measures beyond those which gently encourage mere aspiration to racial equity. Moreover, notwithstanding formal guarantees of equal access to justice and accountability for human rights violations, people of African descent and majority Black member states are systematically constructed out of international policymaking authority and legal protections at the UN—leaving them vulnerable to aggression, exploitation, and …
A New Framework For Condominium Structural Safety Reforms, Stewart E. Sterk, Reid W. Weisbord
A New Framework For Condominium Structural Safety Reforms, Stewart E. Sterk, Reid W. Weisbord
UC Irvine Law Review
Forty years after the widespread popularization of residential condominium ownership in the United States, millions of Americans now live in aging, densely occupied structures that are subject to little (if any) ongoing regulation of structural safety. Most structural safety requirements are imposed and enforced at the time of initial construction, thus relegating questions of how to maintain a building’s structural integrity to individual owners and the mechanisms of condominium governance. However, reliance on voluntary action by unit owners too often falters because the divided ownership characteristic of the condominium form deters associations from investing in preventive maintenance. Postponement of critical …
“Specializing” Section 1983, Ndjuoh Mehchu
“Specializing” Section 1983, Ndjuoh Mehchu
UC Irvine Law Review
Recent Supreme Court decisions eroding protections for race-class-gender subjugated rights claimants have drummed up alarm about the legitimacy of the Court. Much discussion focuses on the need to reform the Court, reflecting a widely shared belief that the institution is inclined to abjure checks on the coercive apparatus and punishment bureaucracy (e.g., police) while failing to vindicate the rights of disadvantaged groups. The lower federal courts, however, while not only implementing the Supreme Court’s rights-retrenching decisions but, in some cases, dipping below the floor of protection the Court itself has recognized, have received relatively scant attention. This vacuum persists despite …
Enforcing The Post-Financial Crisis Ban On Abusive Conduct, Rohit Chopra
Enforcing The Post-Financial Crisis Ban On Abusive Conduct, Rohit Chopra
UC Irvine Law Review
Government enforcers have long contended with corporate misconduct, from the abuses of corporate power and monopolization of the late 19th and early 20th centuries to the set up to fail products and digital dark patterns of the 21st century. This Article explains the Consumer Financial Protection Bureau’s (CFPB) Policy Statement on Abusive Acts or Practices, which is appended to this article, and its importance in protecting people from business excesses. The statutory prohibition on illegal abusive conduct was a response to the predatory mortgage lending practices that drove the 2007-2008 financial crisis and sought to reach conduct that might not …
Presuming Parentage Without The Intent To Parent (And Vice Versa), Grace Palcic
Presuming Parentage Without The Intent To Parent (And Vice Versa), Grace Palcic
UC Irvine Law Review
As a result of the women’s rights movements of the twentieth century, the law shifted the origin of family creation from the married man to the person who gave birth, resulting in the presumption of maternity as the law has now. This Note explores how the presumption of maternity fails to provide legal recognition to nontraditional families—including families who use Assisted Reproductive Technology, same-sex parents, and unmarried parents—and how it furthers gender and sex-based norms within a family, parenting, and marriage. In response, the Note identifies the underlying justification to the modern presumption of parentage: the belief that a person …
The Inadequacy Of Constitutional And Evidentiary Protections In Screening False Confessions: How Risk Factors Provide Potential For Reform, Nicole Tackabery
The Inadequacy Of Constitutional And Evidentiary Protections In Screening False Confessions: How Risk Factors Provide Potential For Reform, Nicole Tackabery
UC Irvine Law Review
The admission of a criminal defendant’s confession into evidence is almost always fatal to a defendant’s case. And this is no surprise: common sense advises that a confession is particularly incriminating and definitive in establishing a defendant’s guilt. But while a confession’s persuasiveness is not inherently problematic, its unique ability to convey guilt poses a problem when a confession happens to be false. This problem is wrongful conviction. In fact, false confessions are one of the leading causes of wrongful conviction, and individuals who are at risk due to their age, intellectual disability, and/or mental health are especially susceptible.
While …
“Police Yelp”, Natalie Gould
“Police Yelp”, Natalie Gould
UC Irvine Law Review
This Note discusses failed police accountability measures and suggests a new intervention, “Police Yelp,” that focuses on community control over police officers. The Note discusses the current institutional measures that have attempted to control police but have failed, largely due to their reactive and institutional nature. To better control police and ensure they are policing as communities want to be policed, this Note argues for community control over police through a democratic process, similar to the way that users interact with businesses on Yelp. The Note draws on power shifting as articulated by Jocelyn Simonson, among others, which advocates for …
The Ideology Of Press Freedom, Hannah Bloch-Wehba
The Ideology Of Press Freedom, Hannah Bloch-Wehba
UC Irvine Law Review
This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom, which defends the media’s autonomy and shields the press from outside interference.
But the dominant accounts of the press’s democratic role are only partly accurate. The law of press freedom is grounded in large part in journalism’s professional commitments to objectivity, public service, and autonomy. These idealized characterizations, flawed …
Mass Surrender In Immigration Court, Michael Kagan
Mass Surrender In Immigration Court, Michael Kagan
UC Irvine Law Review
In theory, the Department of Homeland Security bears the burden of proof when it seeks to deport a person from the United States. But the government rarely has to meet it. This Article presents original data from live observation in Immigration Court, documenting that almost all respondents in deportation proceedings admit and concede the charges against them, even when they have attorneys, without getting anything in return from the government. Focusing especially on the role of immigrant defense lawyers, the Article explores why this is happening. It critiques the legal standards of proof used in Immigration Court, while also exploring …
Best Interests Of The Child And Expanding Family, Stephanie L. Tang
Best Interests Of The Child And Expanding Family, Stephanie L. Tang
UC Irvine Law Review
“Out of choice, necessity, or a sense of family responsibility, it has been common for close relatives to draw together and participate in the duties and the satisfactions of a common home.”
—Moore v. City of East Cleveland1
All fifty states have adopted the “best interests of the child” standard governing initial child custody determinations. However, the wide judicial discretion accompanying this broad standard has resulted in disparate application across custody cases nationwide. These disparities are particularly prevalent in cases where children have a significant connection with extended family members or nonparent caregivers.
As of 2017, a third of …
The Administrative State And Artificial Intelligence: Toward An Internal Law Of Administrative Algorithms, Amit Haim
UC Irvine Law Review
The administrative state is gradually embracing artificial intelligence (AI) algorithms. The advent of the so-called automated state has raised concerns over accountability, transparency, and fairness and engendered proposals for legal regulation. Yet the notion that algorithms are not merely technical instruments but encode social behavior embedded in a bureaucratic context has largely been missing from the discourse. This Article identifies algorithms as sociotechnical systems embedded in an organizational context, which can function as bureaucratic governance instruments. It argues that external legal institutions, whether legislative endeavors or judicial review, lack the capacity, insight, and perspective to achieve meaningful accountability in reviewing …
A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline M. Corbin
A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline M. Corbin
UC Irvine Law Review
A majority of state legislatures have introduced bills prohibiting public schools from teaching certain “divisive concepts” attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white privilege and especially its companion, white fragility.
After providing a primer on critical race theory, Part I explains how the state bans profoundly misunderstand critical race theory, which focuses on how systems and institutions reproduce racial inequality. These bans, however, assume that racism is individual, intentional, and rare, and that …
How Crime Dramas Undermine Miranda, Nancy Leong, Ian Farrell
How Crime Dramas Undermine Miranda, Nancy Leong, Ian Farrell
UC Irvine Law Review
In the half century since the Supreme Court decided Miranda v. Arizona, custodial interrogations have become a mainstay of popular culture. Even casual viewers of police procedurals will be exposed to hundreds of depicted arrests, interrogations, and other law enforcement conduct. It has become commonplace for courts, commentators, and the general public to assert that people learn about their rights from television.
Yet if people do, in fact, learn about their criminal procedure rights from television, what they are learning is dangerously inaccurate. In a comprehensive content analysis of ten seasons, totaling 229 episodes, drawn from two of the …
Electoral Sandbagging, Lisa Manheim
Electoral Sandbagging, Lisa Manheim
UC Irvine Law Review
An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.” While the labels vary, the pattern is the same. First, an election official or other figure of authority consents to an error at an early stage of the election process. The actor then waits to see how the election unfolds. If the election results are favorable, the error slides into irrelevance. If not, that same actor refers back to the earlier error, now with indignity, and insists that it requires a late-stage disruption of the …
Abortion Access In Religious Nations With Deep Societal Divisions: Lessons The United States Can Take From Abortion Reform In Ireland And South Africa, Calyn Hadlock
UC Irvine Law Review
In July of 2022, the Supreme Court of the United States overturned decades of precedent by holding that certain substantive rights, including the right to choose to have an abortion in the first trimester of pregnancy, no longer exist. The Court’s decision impacted the quality and availability of reproductive care in numerous states across America and forced healthcare providers to prioritize arbitrary, confusing regulations over the health and well-being of pregnant patients. Tensions between liberal and conservative states are rising as state representatives respond to the Supreme Court’s decision with overt, sweeping legislation. In order to emerge from this era …
An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales
An Immigration Law For Abolitionists (And Reactionaries), Daniel I. Morales
UC Irvine Law Review
Immigration law gets most things wrong and satisfies no one—not immigrants, not moderates, not restrictionists, and not abolitionists (the #AbolishICE crowd). It is bad law premised on skewed epistemic inputs—the fantasies of U.S. citizens—and enforced by a national agency with bloated resources tasked with solving a problem (illegal immigration) that causes no material harm. Migration law’s biggest failing is that it admits far fewer immigrants than our country has the capacity to take in, as the decades-long, peaceful, and productive presence of twelve million undocumented immigrants definitively proves. The bankruptcy of immigration law has been obvious for a few decades …