Law Commons^™

Beyond The Double Veto: Housing Plans As Preemptive Intergovernmental Compacts, Christopher S. Elmendorf

UC Law Journal

The problem of local-government barriers to housing supply is finally enjoying its moment in the sun. For decades, the states did little to remedy this problem and arguably they made it worse. But spurred by a rising Yes in My Backyard (YIMBY) movement, state legislatures are now trying to make local governments plan for more housing, allow greater density in existing residential zones, and follow their own rules when reviewing development applications. This Article describes and takes stock of the new state housing initiatives, relating them to preexisting Northeastern and West Coast approaches to the housing-supply problem; to the legal-academic …

Play Now, Pay Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

UC Law Journal

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs across demographics, …

Do The “Haves” Come Out Ahead In Chinese Grassroots Courts? Rural Land Disputes Between Married-Out Women And Village Collectives, Peter C. H. Chan

UC Law Journal

This Article tests Galanter’s party capability theory in China’s grassroots courts by empirically examining 858 sampled judgments of rural land dispute lawsuits between married- out women (the “have-nots,” or the less resourceful party) and village collectives (the “haves,” or the more resourceful party) throughout China from 2009 to 2017. An analysis of this study’s results yields a groundbreaking discovery, the “have-nots” came out ahead in China’s courts by a substantial margin. This finding contradicts Galanter’s theory—under which the “haves” should prevail—and the established view that the “haves” should come out ahead in China (a leading study on Shanghai courts found …

The Roper Extension: A California Perspective, Zoe Jordan

UC Law Journal

Although adulthood legally begins at age eighteen, young adults between the ages of eighteen and twenty-one are distinct from the rest of the adult population. Many studies conducted over the last two decades have revealed that the prefrontal cortex, the part of the brain responsible for social and emotional maturity as well as impulse control, is not fully developed until near the age of twenty-five. Thus, young adults have a neurobiologically-compromised ability to exercise self-control, adequately consider the consequences of their actions, and resist coercive pressures from others. Notably, the California Legislature has acknowledged the need to treat young adults …

A Path Towards Arctic Presence: Stricter Regulation As The First Step In Free Navigation, Luke A. Sanders

UC Law Journal

The Arctic ice cap is melting. As the ice recedes, shipping lanes are opening that present shorter transport routes across the top of the globe. Industry analysts predict an Arctic shipping boom in coming years. In response, the International Maritime Organization (IMO) implemented a Polar Code (the “Polar Code” or the “Code”) to place heightened environmental and safety requirements on ships traversing the Arctic and Antarctic regions. These rules are binding on the United States, and the U.S. Coast Guard published the rulemaking for Polar Ship requirements. However, the rules have multiple shortcomings and loopholes. At the IMO, conversations have …

Corporate Constituents: Corporations Have More Influence On The Federal Government Than Real People Under Current U.S. Campaign Finance Regulations, Colin Schoell

UC Law Constitutional Quarterly

No abstract provided.

Should The Power Of Presidential Pardon Be Revised?, Budd N. Shenkin, David I. Levine

UC Law Constitutional Quarterly

No abstract provided.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Releasing The 1040, Not So Ez Constitutional Ambiguities Raised By State Laws Mandating Tax Return Release For Presidential Candidates, Matthew M. Ryan

UC Law Constitutional Quarterly

No abstract provided.

The Unconstitutional Prosecution Of Asylum-Seeking Parents Under Trump’S Family Separation, Sergio Garcia

UC Law Constitutional Quarterly

President Donald Trump’s policy of separating families at the border, known as Trump’s “Zero Tolerance Policy,” was piloted in El Paso, Texas in 2017. Under Trump’s policy, the government separates asylum-seeking parents from their children in order to create “unaccompanied minors” and then prosecute parents. Trump’s policy is standard practice along the nation’s southern border. However, Trump’s prosecution and conviction of asylum–seeking parents violate the constitutional criminal law principles and constitute outrageous government conduct. For example, consider the cases of asylum-seeking parents Elba Luz Dominguez–Portillo, Natividad Zavala–Zavala, Jose Francis Yanes–Mancia, Blanca Nieve Vasquez– Hernandez, and Maynor Alonso Claudino–Lopez (collectively referred …

Rethinking Constitutional Interpretation To Affirm Human Rights And Dignity, Vincent J. Samar

UC Law Constitutional Quarterly

No abstract provided.

The Immigration Crisis In American Courts: Children Representing Themselves, Wendy Melissa Hernandez

UC Law Constitutional Quarterly

No abstract provided.

An Elegant Solution To Network Inadequacy: How To Better Protect Patients From Inadequate Health Networks And Surprise Balance Billing, Leah Selby Gray

UC Law Journal

The American health care system is far from ideal. Health insurance is expensive, yet often inadequate, and patients can fall into bankruptcy paying for necessary medical care. Patients often face challenges finding physicians and other providers that accept their insurance due to network inadequacy, which can end up costing them thousands. Federal law offers few protections to patients from the costs of inadequate networks, so some states have passed legislation to protect patients from surprise balance bills. This Note analyzes the enduring nature of the network inadequacy problem and proposes an elegant solution: state single payer. While it would be …

The Future Of Insider Trading After Salman: Perpetuation Of A Flawed Analysis Or A Return To Basics, Charles W. Murdock

UC Law Journal

In large part due to two poorly reasoned decisions by Justice Powell in the early 1980s, Chiarella v. U. S. and Dirks v. SEC, the development of insider trading law has been constrained, enforcement has been hampered, and insider-trading has grown to the point where hundreds of millions of dollars are at stake. Moreover, Chiarella and Dirks were inconsistent with the Congressional policy that the purpose of the securities laws is to ensure a level playing field where one participant does not have an undue advantage over another participant.

A Second Circuit decision, U.S. v. Newman unnecessarily extended Dirks, notwithstanding …

Data Philanthropy, Yafit Lev-Aretz

UC Law Journal

The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic researcher’s alleged misuse of Facebook users’ data on behalf of Cambridge Analytica has brought data philanthropy into the spotlight of public debate. Calls for data ethics and platform transparency have highlighted the urgent need for standard setting and democratic oversight in the use of corporate data for public ends. Data philanthropy has also received considerable scholarly attention in various academic disciplines but has, until now, been virtually overlooked …

Algorithmic Discrimination Is An Information Problem, Ignacio N. Cofone

UC Law Journal

While algorithmic decision-making has proven to be a challenge for traditional antidiscrimination law, there is an opportunity to regulate algorithms through the information that they are fed. But blocking information about protected categories will rarely protect these groups effectively because other information will act as proxies. To avoid disparate treatment, the protected category attributes cannot be considered; but to avoid disparate impact, they must be considered. This leads to a paradox in regulating information to prevent algorithmic discrimination. This Article addresses this problem. It suggests that, instead of ineffectively blocking or passively allowing attributes in training data, we should modify …

Counterfeit Campaign Speech, Rebecca Green

UC Law Journal

We are entering an era in which computers can manufacture highly-sophisticated images, audio, and video of people doing and saying things they have, in fact, not done or said. In the context of political campaigns, the danger of “counterfeit campaign speech” is existential. Do current laws adequately regulate faked candidate speech? Can counter speech effectively neutralize it? Because it takes place in the vaulted realm of core political speech, would the First Amendment stymie any attempt to outlaw it? Many smart people who have looked at the general problem of deceit in campaigns have concluded that the state has no …

Ethical Implications Of The Conscience Clause On Access To Postpartum Tubal Ligations, Eleanor Barczak

UC Law Journal

Catholic health care systems in the United States have long limited women’s access to reproductive care. Controlled by the Ethical and Religious Directives promulgated from the Church, Catholic hospitals are prohibited from performing abortions or sterilizations. In 1973, Congress codified the “Conscience Clause,” legally protecting the individual and institutional right to refuse to perform or participate in abortion or sterilization procedures based on religious or conscience objection.

This Note argues that refusal to perform a postpartum tubal ligation based on the Conscience Clause violates medical best practices. However, in the case of an individual physician, possessing a conscience and direct …

Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson

UC Law SF International Law Review

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …

Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen

UC Law SF International Law Review

In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues …

The Heavy Burden Of A Lighter Touch Framework The Inadequacy Of Antitrust Laws As A Substitute For Net Neutrality, Emilia R. Rubin

UC Law Science and Technology Journal

No abstract provided.

Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan

UC Law Journal of Race and Economic Justice

No abstract provided.

Death In The Shadows, Mary Campbell Dr., Lucille Jewel

UC Law Journal of Race and Economic Justice

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939) (fig.1), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national myth, that of …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano

UC Law Journal of Race and Economic Justice

No abstract provided.

Prefatory Matter

UC Law SF International Law Review

No abstract provided.

Masthead

UC Law Science and Technology Journal

No abstract provided.

Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin

UC Law Journal of Race and Economic Justice

No abstract provided.

The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

UC Law Journal of Race and Economic Justice

No abstract provided.

Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu

UC Law Journal of Race and Economic Justice

No abstract provided.