Aug 26, 2022 | Volume 72
Symposium Cosponsored with the Center for Litigation and Courts and the National Civil Justice Institute “The Internet and the Law: Legal Challenges in the New Digital Age” UC Hastings Law, November 6–7,...
Nov 20, 2025 | UCLJ Online Vol. 77
Ming Hsu Chen, Adrian Ballesteros, Emily Cole, Joy Min Volume 77, November 2025 This policy paper examines civic engagement among new Americans, focusing on factors that influence the sense of belonging and political participation, particularly among recently...
Jun 1, 2025 | Volume 76, Volume 76, Issue 5
Grace Y. Li Volume 76, Issue 5, 1307-1372 A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass...
Jun 1, 2025 | Volume 76, Volume 76, Issue 5
Rebecca N. Morrow Volume 76, Issue 5, 1373-1428 I confess. As a tax professor, it has long hurt my feelings that economists label tax as a market distortion. My field is summed up as an impurity on the otherwise pristine complexion of the economist’s pure market. I...
Jun 1, 2025 | Volume 76, Volume 76, Issue 5
Sergio Alberto Gramitto Ricci Volume 76, Issue 5, 1429-1458 Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The...
Jun 1, 2025 | Volume 76, Volume 76, Issue 5
David Takacs Volume 76, Issue 5, 1459-1516 In the United States, Australia, New Zealand, and elsewhere, people kill sentient creatures—by the millions every year—in the crusade to conserve biodiversity. I explain how laws permit, and in some instances require, killing...
Jun 1, 2025 | Volume 76, Volume 76, Issue 5
L.A. Paul & Cass R. Sunstein Volume 76, Issue 5, 1517-1538 One way to evaluate various legal interventions in people’s lives is to ask whether they make choosers better off by their own lights, or “as judged by themselves.” This criterion can be understood to...
Jun 1, 2025 | Volume 76, Volume 76, Issue 5
Kathryn Binder Volume 76, Issue 5, 1539-1572 With the growing prevalence of artificial intelligence (AI) in various aspects of our lives, it is not surprising that it has become a subject of legal disputes and controversy. In 2023, an individual filed the first...
May 31, 2025 | Volume 76, Volume 76, Issue 4
John Yoo Volume 76, Issue 4, 1227-1270 Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution. Recent criticism has argued that originalism fails because it does not advance a...
May 31, 2025 | Volume 76, Volume 76, Issue 4
Imahn Milani Daeenabi Volume 76, Issue 4, 1271-1306 Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons...
May 31, 2025 | Volume 76, Volume 76, Issue 4
Allison M. Freedman Volume 76, Issue 4, 975-1024 In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future...
May 31, 2025 | Volume 76, Volume 76, Issue 4
Jennifer Gordon Volume 76, Issue 4, 1025-1096 Forced labor is rampant across global supply chains. Addressing it at individual sites of production results in a game of whack-a-mole. An effective response must target the structural drivers of the problem: the large...
May 31, 2025 | Volume 76, Volume 76, Issue 4
Ryan P. Knox Volume 76, Issue 4, 1097-1154 Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care...
May 31, 2025 | Volume 76, Volume 76, Issue 4
Thomas A. Lambert Volume 76, Issue 4, 1155-1226 Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the...
Apr 1, 2025 | Volume 76, Volume 76, Issue 3
Jiaying Jiang Volume 76, Issue 3, 629-678 Many have voiced concerns that the digital dollar, a digital form of central bank money, will facilitate government surveillance, thus depriving users of privacy. This Article investigates critical technical designs proposed...
Apr 1, 2025 | Volume 76, Volume 76, Issue 3
Peter Sie Volume 76, Issue 3, 679-750 Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing our genetic code. These changes can pass on to our children and grandchildren, for better or...
Apr 1, 2025 | Volume 76, Volume 76, Issue 3
Shannon Weeks McCormack Volume 76, Issue 3, 751-820 Other developed nations provide a slew of direct benefits to parents, such as paid parental leave and affordable childcare. America instead takes a circuitous route, heavily relying on the Internal Revenue Code (the...
Apr 1, 2025 | Volume 76, Volume 76, Issue 3
Ramsi A. Woodcock Volume 76, Issue 3, 821-884 Surge pricing—using data and algorithms to raise prices in response to unexpected increases in demand—has spread across the economy in recent years, from Amazon and Disney World to commuter highways and, of course, Uber,...
Apr 1, 2025 | Volume 76, Volume 76, Issue 3
Gillian Katz Lamon Volume 76, Issue 3, 885-946 Over the last 50 years, federal child welfare legislation has wrestled with how to reconcile the competing goals of the child welfare system: child protection, family preservation, and permanency. The United States foster...
Apr 1, 2025 | Volume 76, Volume 76, Issue 3
Andrea Olofson Chen Volume 76, Issue 3, 947-974 Excessive director compensation erodes the independence that directors are supposed to bring to boardrooms. In theory, directors are meant to serve as objective parties, overseeing corporations using their care, skill,...
Feb 1, 2025 | Volume 76, Volume 76, Issue 2
Peter Carstensen & Darren Bush Volume 76, Issue 2, 305-352 This article addresses the colossal problem of remedy in antitrust and regulatory cases combatting monopoly “bottlenecks.” A bottleneck monopoly lies somewhere along the chain of production and...
Feb 1, 2025 | Volume 76, Volume 76, Issue 2
Adam J. Hirsch Volume 76, Issue 2, 353-408 When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the...
Feb 1, 2025 | Volume 76, Volume 76, Issue 2
Sven Riethmueller Volume 76, Issue 2, 409-510 This article examines the pervasive practice by pre-IPO firms of granting stock options as compensation while preparing to go public. These last-minute option grants, which are typically not contingent upon initial public...
Feb 1, 2025 | Volume 76, Volume 76, Issue 2
Matthew A. Shapiro Volume 76, Issue 2, 511-560 As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public...
Feb 1, 2025 | Volume 76, Volume 76, Issue 2
Andrew H. Jacobs Volume 76, Issue 2, 561-588 California’s electricity system has faced unprecedented challenges in recent years. Extreme heat, wildfires, and additional severe weather events stressed the system to a breaking point. The state’s electric grid operator...
Feb 1, 2025 | Volume 76, Volume 76, Issue 2
Zoë MacDonald Volume 76, Issue 2, 589-628 Children’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that...
Dec 31, 2024 | Volume 76, Issue 1
Ramon Feldbrin Volume 76, Issue 1, 1-46 Judicial review has distinct purposes, difficulties, and modalities, but there are no guideposts as to how these features ought to be addressed in procedural terms. The reason is a deep-seated, but largely unarticulated,...
Dec 31, 2024 | Volume 76, Issue 1
Robin Feldman Volume 76, Issue 1, 47-114 Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the...
Dec 31, 2024 | Volume 76, Issue 1
Mark A. Lemley Volume 76, Issue 1, 115-160 The free market works because no one person or company is making the decisions. In a competitive market, businesspeople make the wrong decisions all the time, just as central planners do. But the consequences of those...
Dec 31, 2024 | Volume 76, Issue 1
Robert P. Merges Volume 76, Issue 1, 161-242 Private law governs interactions among private parties. A large body of private law theory holds that private law is aimed at corrective justice: doing justice as between the two parties to a private interaction (the...
Dec 31, 2024 | Volume 76, Issue 1
Kirk Rider Volume 76, Issue 1, 243-274 The “Texas Two-Step” is a novel means of forcing a settlement agreement on mass-tort claimants. Corporations utilize the Two-Step bankruptcy strategy using a state law merger statute to split itself in two. One half of the...
Dec 31, 2024 | Volume 76, Issue 1
Richard Young Volume 76, Issue 1, 275-304 This Note investigates the evolving regulatory landscape following the 2023 SEC amendments regarding beneficial ownership reporting. It begins by analyzing the rise of hedge fund activism and its influence on corporate...
Aug 30, 2024 | Volume 75, Issue 6
Richard E. Gutierrez Volume 75, Issue 6, 1535-1580 Full...
Aug 30, 2024 | Volume 75, Issue 6
Gabriel J. Chin Volume 75, Issue 6, 1581-1600 Full...
Aug 30, 2024 | Volume 75, Issue 6
Els de Graauw & Shannon Gleeson Volume 75, Issue 6, 1601-1624 Presented at the We the People: Citizenship, Race, and Equality Symposium at UC Law San Francisco on February 2, 2024. Since 2012, the politically tenuous Deferred Action for Childhood Arrivals (DACA)...
Aug 30, 2024 | Volume 75, Issue 6
Vinay Harpalani Volume 75, Issue 6, 1625-1644 This Essay employs Professor Claire Jean Kim’s racial triangulation framework to examine how Asian Americans are racialized via academic achievement. It argues that there are two components to the racial triangulation of...
Aug 30, 2024 | Volume 75, Issue 6
Kevin R. Johnson Volume 75, Issue 6, 1645-1666 Many Americans know the Ku Klux Klan (KKK) for its horrific acts of violence directed at African Americans. Although generally overshadowed by that violence, the KKK’s vilification of other groups, including immigrants...
Aug 30, 2024 | Volume 75, Issue 6
Tye Rush, Samuel Hall and Matt A. Barreto Volume 75, Issue 6, 1667-1692 How are non-citizens counted and accounted for in representation? Section 2 of the Fourteenth Amendment requires that all whole persons residing in a state are to be counted for apportionment and...
Aug 30, 2024 | Volume 75, Issue 6
Allison Brownell Tirres Volume 75, Issue 6, 1693-1704 In recent years, the remarkable movement for the political rights of undocumented youth—the so-called “DREAMers”—has catalyzed a critical conversation about the economic rights of all noncitizens. A growing number...
Aug 30, 2024 | Volume 75, Issue 6
Leti Volpp Volume 75, Issue 6, 1705-1728 Full...
Aug 30, 2024 | Volume 75, Issue 6
Ming H. Chen Volume 75, Issue 6, 1729-1740 Full...
Aug 30, 2024 | Volume 75, Issue 6
Oliver Cheng Volume 75, Issue 6, 1741-1794 The University of California, Hastings College of the Law, changed its name to the University of California College of the Law, San Francisco, after it found that its namesake, Serranus Hastings, contributed significantly to...
Aug 30, 2024 | Volume 75, Issue 6
Kristie Lam Volume 75, Issue 6, 1795-1822 Privacy self-management fails to protect consumer privacy. In the advent of the Internet, individuals had the option to tailor how their personal data was used throughout digital markets. However, since the digital markets are...
Aug 30, 2024 | Volume 75, Issue 6
Kshitij Mehta Volume 75, Issue 6, 1823-1864 In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court expanded the right to carry firearms, specifically handguns, outside the home. Due to the Court’s conservative rulings, combined with...
Jun 29, 2024 | Volume 75, Issue 5
Aslı Ü. Bâli & Omar M. Dajani Volume 75, Issue 5, 1165-1244 This Article explores the potential of decentralized governance and territorial arrangements to address the overlapping governance crises and identity conflicts in the Middle East and North Africa (the...
Jun 29, 2024 | Volume 75, Issue 5
Lisa Chen Volume 75, Issue 5, 1245-1286 ESG is a framework used to assess the sustainability of a company and to measure financial risk arising from potential environmental, social, and governance issues. Investors and consumers typically rely on ESG ratings generated...
Jun 29, 2024 | Volume 75, Issue 5
Jocelyn Getgen Kestenbaum Volume 75, Issue 5, 1287-1334 In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave...
Jun 29, 2024 | Volume 75, Issue 5
Kevin J. Lynch Volume 75, Issue 5, 1335-1402 Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political...
Jun 29, 2024 | Volume 75, Issue 5
Omar Vasquez Duque Volume 75, Issue 5, 1403-1440 In October 2020, the Department of Justice sued Google for paying Apple and several other search engine distributors to set Google as its users’ default. The complaint alleges that Google’s agreements constitute de...
Jun 29, 2024 | Volume 75, Issue 5
Charles Tait Graves Volume 75, Issue 5, 1441-1448 Full...
Jun 29, 2024 | Volume 75, Issue 5
Shanin Specter Volume 75, Issue 5, 1449-1478 Full...
Jun 29, 2024 | Volume 75, Issue 5
Rafi Bortnick Volume 75, Issue 5, 1479-1534 This Note argues that stronger legal protections are necessary in California to protect workers’ dignitary interests in the workplace in the face of prevalent electronic monitoring. In particular, those protections should be...
May 30, 2024 | Volume 75, Issue 4
Laura I Appleman Volume 75, Issue 4, 913-976 Who is accountable for the imposition of punishment in our carceral system? The answer used to be much simpler, as we held local, state, and federal government actors responsible. In recent decades, however, our...
May 30, 2024 | Volume 75, Issue 4
Itay Ravid & Jonathan Zandberg Volume 75, Issue 4, 977-1046 Access to credit—that is, the ability to receive financial leverage that could help jump-start businesses—is one of the most significant barriers preventing millions of American women from opening new...
May 30, 2024 | Volume 75, Issue 4
Jacob S. Sherkow Volume 75, Issue 4, 1047-1096 Are DNA sequences subject to trade secrecy protection? At least three decades of scholarship has assumed so even while there is no explicit statutory authority directly on point and very few reported decisions in the...
May 30, 2024 | Volume 75, Issue 4
Amna Qamer Volume 75, Issue 4, 1097-1138 United States courts have long struggled to define the intersection of public institutions and religious practices. Though higher education institutions aim to enrich their campuses with diverse communities, they often fail to...
May 30, 2024 | Volume 75, Issue 4
Victor Qiu Volume 75, Issue 4, 1139-1164 By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C....
Apr 30, 2024 | Volume 75, Issue 3
Richard A. Booth Volume 75, Issue 3, 555-600 Index funds, such as those that track the S&P 500, are popular with investors because they offer maximum diversification—and thus minimum risk—with management fees that are far lower than those charged by traditional,...
Apr 30, 2024 | Volume 75, Issue 3
Craig Cowie Volume 75, Issue 3, 601-660 Relatively few regulated entities are the targets of enforcement activity or otherwise have direct contact with regulators. Given that absence of direct contact, this Article posits that regulators influence behavior by creating...
Apr 30, 2024 | Volume 75, Issue 3
Michal Saliternik & Sivan Shlomo Agon Volume 75, Issue 3, 661-712 International law is notably reactive in nature. For the most part, international norms and institutions have been devised in response to previously observed crises and incidents—be they wars,...
Apr 30, 2024 | Volume 75, Issue 3
Lois A. Weithorn Volume 75, Issue 3, 713-822 The provision of gender-affirming medical care to transgender or gender diverse (“TGD”) youth is currently the subject of substantial controversy despite an overwhelming consensus in the healthcare community as to the...
