http://www.rssboard.org/rss-specification 720 https://escholarship.org/uc/lawandpolitics/rss Recent eScholarship items from Krinsk-Houston Law & Politics Initiative Sat, 16 May 2026 21:48:13 +0000 https://escholarship.org/uc/item/8s6173xs <p>As federal and international approaches to climate change falter, private sustainability agreements have emerged as a promising alternative for large-scale environmental coordination. However, the absence of a formal legal framework governing such agreements creates a dangerous ambiguity: discouraging climate cooperation through the chilling effect of antitrust enforcement while enabling anticompetitive actors to exploit environmental rhetoric as legal cover. This article examines the tension between Environmental Sustainability Goals and American antitrust law, arguing that the current legal landscape fails both purported goals. This article demonstrates that the absence of clear statutory guidance has allowed investigatory power to function as de facto enforcement, dismantling voluntary climate coalitions without adverse merit rulings. This article recommends creating a narrowly tailored federal safe-harbor statute modeled on the National Cooperative Research and Production... https://escholarship.org/uc/item/8s6173xs Wed, 13 May 2026 00:00:00 +0000 Burkholder, Harrison https://escholarship.org/uc/item/8m1095tp <p>The copyrightability of mixed musical works, which contain a blend of human and generative AI elements, is an issue of increasing prevalence in copyright law. While there has been some discussion on the copyright status of fully generative AI works, this mainly resides in state law, and much of the federal policy found in Copyright Guides published by the United States Copyright Office is a non-binding opinion. Additionally, the same circuit courts contradict themselves, as seen with the differing views on the fair use of generative AI works in the Ninth Circuit Cases of <em>Bartz v. Anthropic PBC</em> (2024) and <em>Kadrey v. Meta</em> (2023). These issues combine to create a copyright “Dead Man’s Land” where the U.S. Copyright Office is forced to inspect mixed musical works on a case-by-case basis: an inefficient and ineffective mess for the modern day. This paper proposes that Congress pass legislation further itemizing the components of mixed musical works and only allowing... https://escholarship.org/uc/item/8m1095tp Wed, 13 May 2026 00:00:00 +0000 Daftary, Sam Nariman https://escholarship.org/uc/item/7139q73j <p>Legal standards for disability law emphasize equal access to reasonable accommodations. These accommodations are expected to be provided to students in a timely manner, especially in higher education. The experience of disabled students at the University of California (UC) schools demonstrates violations of state and federal law. Systemic barriers to accommodations prevent students from receiving the equal access to education that's legally granted to them. These barriers manifest in the form of staffing shortages and resource constraints, difficult documentation requirements, delayed accommodation processing, and failures in digital accessibility compliance, all of which violate Section 504 of the Rehabilitation Act, Title II of the ADA, and California Government Code Section 11135. Drawing on federal case law, past federal investigations into the UC, and active litigation against UC campuses, this paper argues that the UC system must adopt a system-wide Universal Design for... https://escholarship.org/uc/item/7139q73j Wed, 13 May 2026 00:00:00 +0000 Pulla, Tanya https://escholarship.org/uc/item/5b263827 <p>Trust in financial institutions is essential to maintain because it forms the foundation of economic stability. Customers must be confident that their money and personal data are secure through transparency and disclosure of information to the customer about the system’s processes. Laws like the Securities Act impose consequences for misleading investors about a company’s inner workings or capabilities. The Gramm-Leach-Bliley Act (GLBA) ensures financial institutions inform customers of data collection and sharing practices, along with maintaining rigorous security measures. However, with the introduction of generative artificial intelligence models (GenAI) into financial services, risks for misuse and insufficient protection have increased. GenAI models and their decision-making processes are difficult to regulate under current disclosure requirements. To combat this, states have passed laws to minimize the risk of algorithmic discrimination and promote transparency. However,... https://escholarship.org/uc/item/5b263827 Wed, 13 May 2026 00:00:00 +0000 Thompson, Audrey https://escholarship.org/uc/item/48b1z1cd <p>Volume IV of the Undergraduate Law Review at UC San Diego</p> https://escholarship.org/uc/item/48b1z1cd Wed, 13 May 2026 00:00:00 +0000 at UC San Diego, Undergraduate Law Review https://escholarship.org/uc/item/3tx782sj <p>Family law procedures in the United States are constitutionally mandated to balance state interests with the private interests of families. The Louisiana family court system serves as an example of this balancing effort, where <em>Bergeron v. Bergeron</em> (1986) creates the standards controlling the state’s rules for child custody modification. <em>Bergeron</em> sets a high evidentiary threshold that must be met before a family court will reconsider an existing custody decree, reflecting the state’s interest in stability. Questions about the decision’s constitutionality have arisen, but the framework in <em>Bergeron</em> has been continually reaffirmed since its establishment by the Louisiana Supreme Court in 1986. This article analyzes the major doctrinal inconsistencies and Fourteenth Amendment due process concerns arising from the Bergeron standard, arguing that the Louisiana custody modification framework risks creating procedural due process barriers and conflicts with... https://escholarship.org/uc/item/3tx782sj Wed, 13 May 2026 00:00:00 +0000 Pateno, Megan Lynn https://escholarship.org/uc/item/3429x92s <p>Education has historically served as a legal avenue for the construction of racial meaning, witnessed through the landmark case <em>Brown v. Board of Education</em>. Though <em>Brown </em>is primarily known for outlawing racial segregation, its impact in foundationalizing racial colorblindness—particularly through subsequent distinctions between desegregation and integration due to the case’s ambiguous verbiage—is often ignored. This article analyzes <em>Brown’s </em>racial footprint on the education system by examining the digital divide. An exploration of the case <em>Cayla J. v. State of California,</em> in conjunction with the Elementary and Secondary Education Act and the Digital Equity Act, illuminates the reproduction of racialization stemming from post-<em>Brown</em> debates between colorblind desegregation and race-conscious integration. Given the rapid development of artificial intelligence (AI), preventative measures emphasizing race-conscious integration must be... https://escholarship.org/uc/item/3429x92s Wed, 13 May 2026 00:00:00 +0000 Choi, Elizabeth https://escholarship.org/uc/item/3368d1r5 <p>This paper conducts a comparative analysis of California and the United Arab Emirates (UAE), focusing on the economic consequences of divorce for<br>individual spouses. Both countries impose financial obligations in cases of significant financial imbalance between spouses. However, these obligations are based on different legal philosophies and beliefs surrounding marriage. California’s secular statutory law views marriage as an economic partnership, focusing on rehabilitative spousal support. The Sharia-based system governing Muslim families in the UAE prioritizes financial protection during marriage through structures such as Nafaqah and Mahr. However, the Sharia systems are not designed to address long-term post-divorce economic reintegration in contemporary labor markets, producing economic dependencies for wives specializing in unpaid domestic work. As a result, post-divorce financial assistance in the UAE terminates after a fixed period, producing a “cliff effect” as... https://escholarship.org/uc/item/3368d1r5 Wed, 13 May 2026 00:00:00 +0000 Hussain, Selena https://escholarship.org/uc/item/2hf6s042 <p>LGBTQ people of color in the United States face disproportionately high rates of discrimination and harassment in employment as a population marginalized along the lines of race, sexual orientation, and/or gender identity. This article uses an intersectional lens to examine the use of state antidiscrimination law in protecting LGBTQ people of color. Discrimination protections across states are inconsistent and severely lacking in some jurisdictions. Several states do not prohibit sexual orientation and gender identity discrimination, and most do not recognize an adequate legal framework for analyzing discrimination on the basis of multiple traits. This article proposes statutory, administrative, and judicial solutions that states can adopt to allow LGBTQ plaintiffs of color to challenge discrimination on the basis of both race and sexual orientation/gender identity. Legislatures should amend antidiscrimination statutes to include sexual orientation and gender identity as protected... https://escholarship.org/uc/item/2hf6s042 Wed, 13 May 2026 00:00:00 +0000 Kelly, Kassidy Elisabeth https://escholarship.org/uc/item/2h51z7tj <p>Climate change drives human displacement, yet international and domestic refugee law fail to recognize environmentally-led migration. Under the Refugee Act of 1980, United States (U.S.) law limits persecution to five statutory grounds, excluding climate-induced harm. The absence of legal eligibility under existing frameworks results in a protection gap, leaving displaced individuals without access to refugee status despite threats from environmental degradation. The United Nations has examined this disconnect between international reality and domestic action in cases such as <em>Teitiota v. New Zealand</em> (2020), where asylum was denied on the grounds of sea-level rise and saltwater contamination being a threat to life. This highlights the narrow interpretation of “persecution” and its failure to account for modern forms of forced migration. A recent U.S. Appellate Court decision in <em>Cruz Galicia v. Garland</em> (2024) reinforced the exclusion of climate-refugee claims... https://escholarship.org/uc/item/2h51z7tj Wed, 13 May 2026 00:00:00 +0000 Lopez, Angie https://escholarship.org/uc/item/0nk7f35c <p>As the size and scope of immigration enforcement operations grow across the country, so does the risk of official misconduct. This article examines the legal remedies an individual can pursue to obtain relief for damages caused by officials of the United States Immigration and Customs Enforcement (ICE) agency. While there were once viable pathways for pursuing claims, recent Supreme Court decisions have made it considerably more difficult. This is demonstrated by the narrowing of Bivens actions, specifically regarding the conduct of immigration enforcement officers. Alternative remedies, such as the Federal Tort Claims Act (FTCA), are similarly restrictive in their scope of coverage and the relief they can secure. The current system leaves individuals who experienced serious harm at the hands of ICE officials without recourse. Members of Congress have proposed legislative solutions creating new causes of action against federal officials by expanding Section 1983 of Title 42.... https://escholarship.org/uc/item/0nk7f35c Wed, 13 May 2026 00:00:00 +0000 Metcalfe, Aidan https://escholarship.org/uc/item/0mh8z40j <p>An issue that continues to afflict the securities field is the existence of special purpose vehicles (SPVs), which are financial entities disclosed in companies’ off-sheet balance reports to fund business operations and collateralize debt. Since their inception in the early 20th century, SPVs have proved to be one of the most widespread financial tools in the corporate world, allowing companies to display exaggerated revenue margins on their balance sheets while supposedly adhering to a standard of public transparency. This was coupled with the rise of Collateralized Debt Obligations (CDOs) in the 21st century, another financial entity that pooled assets together to appease investors. Despite the functionality of SPVs, misusing these financial tools results in devastating costs, including company bankruptcy, mass layoffs, and deterioration of public trust. The Sarbanes–Oxley Act of 2002 and the Dodd–Frank Act aimed to curb the power of internal corporate operations by establishing... https://escholarship.org/uc/item/0mh8z40j Wed, 13 May 2026 00:00:00 +0000 Chiu, Rylan https://escholarship.org/uc/item/99b6n44w <p>International treaty law, while playing a crucial role in keeping states in check with one another, remains flawed both in terms of its procedural and enforcement measures. States are incentivized not to engage with international actors, like the International Court of Justice, instead choosing to avoid or outright ignore international attempts at dispute settlements for political or sovereignty-based reasons. The South China Sea dispute, involving several states in the Asia-Pacific vying for control over the region, serves as a key example of how nation-states have chosen to take advantage of weaknesses in both international judicial institutions and international law as a broader governing structure. This article seeks to analyze the effectiveness of international law and assess its legitimacy by using the South China Sea arbitration case to identify shortcomings in the procedure and enforcement of international law. It will also delve into how international law and treaty... https://escholarship.org/uc/item/99b6n44w Tue, 20 May 2025 00:00:00 +0000 Ha, Grace Jeeann https://escholarship.org/uc/item/9658v64q <p>Despite the nation’s former dedication toward providing redress for victims of international law violations under the Alien Tort Statute (ATS), in the period after 9/11, the United States reneged on its commitment to international legal norms by failing to provide redress to victims of rights infringements. Although scholarship on the legality of the United States’ conduct during the War on Terror is abundant, much of this research fails to highlight how the nation's legacy of avoiding redress stands in stark contrast to our allies. European nations that aided the Central Intelligence Agency (CIA)’s detention and interrogation program by hosting secret detention centers, known as black sites, were found liable for international law violations under the European Court of Human Rights (ECtHR) and forced to pay redress to the victims. After analyzing the limited redress options available in the ECtHR versus in domestic courts, this paper proposes that Congress should pass an amendment... https://escholarship.org/uc/item/9658v64q Tue, 20 May 2025 00:00:00 +0000 Spencer, Taylor https://escholarship.org/uc/item/8k01b2d3 <p>This paper examines the implications of granting limited legal rights to artificial intelligence (AI), particularly on intellectual property law and the expanding field of human genetic engineering technologies. It advocates for an innovative legal schema that accords AI entities a restricted status of legal persons, altering the traditional conceptions of inventorship and proprietary rights within genetic engineering. This proposed legal framework seeks to correct the deficiencies evident within intellectual property paradigms, demonstrated by AI-enhanced CRISPR technologies and the problems they present to legal frameworks. Moreover, it aims to guarantee equitable access to genetic therapies and promote a more inclusive framework for innovation, addressing ethical imperatives and practical necessities in the evolving technological landscape.</p> https://escholarship.org/uc/item/8k01b2d3 Tue, 20 May 2025 00:00:00 +0000 Corliss, Madison Cheau-Nian https://escholarship.org/uc/item/87c9h9kx <p>The presence of racially biased facial recognition technology (FRT) in law enforcement presents significant legal and ethical challenges, especially in its disproportionate impact on communities of color. The biases embedded in FRT systems, due to non-diverse training datasets, lead to misidentifications that result in wrongful arrests, detentions, and broader violations of constitutional rights. This exacerbates systemic racial inequalities and further entrenches discriminatory practices within the criminal justice system. The growing reliance on FRT for policing necessitates comprehensive reforms in both technology and law to address these concerns. Therefore, solutions aimed at reducing racial bias must include diversifying training datasets, improving data quality, and incorporating advanced techniques to enhance the accuracy of these systems. However, technological improvements alone are insufficient to resolve deeper racial issues. A holistic approach is required, involving... https://escholarship.org/uc/item/87c9h9kx Tue, 20 May 2025 00:00:00 +0000 Amador-Lankster, Velmar https://escholarship.org/uc/item/67s8288j <p>Volume III of the Undergraduate Law Review at UC San Diego</p> https://escholarship.org/uc/item/67s8288j Tue, 20 May 2025 00:00:00 +0000 UC San Diego, Undergraduate Law Review at https://escholarship.org/uc/item/5cb0h7mf <p>This paper discusses the “zero-tolerance policy” responsible for the mass separation of immigrant families, including those with children who hold birthright citizenship. Immigration legislation, including the zero-tolerance policy, was passed under the first Trump Administration to curtail illegal immigration. Despite attempts to restrict unlawful entry, the policy violates the fundamental rights of citizens and undocumented families. This paper analyzes the powers enumerated to the government over immigration as provided by the Constitution. It also examines the authority the executive branch has over immigration legislation through the Take Care and Vesting clauses, particularly after the enactment of the 2002 Homeland Security Act. Through an examination of the institutional framework governing the child removal process in states along the Southern border, I will assert that the separation of families by immigration authorities surpassed the scope of their legal jurisdiction.... https://escholarship.org/uc/item/5cb0h7mf Tue, 20 May 2025 00:00:00 +0000 Luna, Frida Vianne https://escholarship.org/uc/item/50c8j1xt <p>This Article explores a discrete yet consequential driver of AI-generated copyright infringement: overfitting. By analyzing overfitting as a statistical phenomenon, it offers a legal framework for understanding how this technical failure can lead machine learning models to reproduce protected works nearly identically. Through the lens of the Italian Plumber Problem, this article critiques the limitations of the fair use doctrine when applied to generative AI outputs, identifies regulatory and policy shortcomings, and argues for an updated doctrinal toolkit. Finally, it draws a conceptual parallel between algorithmic overfitting and judicial reasoning, positing that courts may fall prey to overfitting by relying on fact-specific precedent in the absence of guiding rules for novel technologies. Using interdisciplinary analysis, this article calls for a recalibration of legal frameworks to accommodate the realities of machine learning and protect both innovation and authorship... https://escholarship.org/uc/item/50c8j1xt Tue, 20 May 2025 00:00:00 +0000 Zhao, Elaine (Linghui) https://escholarship.org/uc/item/4099234v <p>As anti-immigration rhetoric and policies continue to fester in the United States (US), mixed-status immigrant families are often legally vulnerable. This paper evaluates the practicality of revoking the birthright citizenship doctrine found in the Constitution's Fourteenth Amendment. In light of the predominantly conservative US government across all three branches and our current Supreme Court’s pattern in reversing long-standing decisions, people are debating the likelihood of a successful attack on birthright citizenship. However, scholars have raised strong doubts about the Court reversing this birthright citizenship standard. A lengthy history of legal statutes and the stare decisis doctrine protects the current territorial understanding of birthright citizenship as it pertains to U.S.-born children of undocumented immigrants. Even if the Court makes such a revocation, our current immigration laws do not allow for any means by which the US government could impose the... https://escholarship.org/uc/item/4099234v Tue, 20 May 2025 00:00:00 +0000 Presa, Zhenee C https://escholarship.org/uc/item/3567p5cj <p>A growing concern in the growing ESG investment landscape is greenwashing, which is the misrepresentation of sustainability credentials in financial products. Due to gaps in fiduciary law, fund managers and corporate directors in Delaware, the leading jurisdiction for corporate and fund governance in the US, have been able to include ESG criteria like labor policies, board diversity metrics, or greenhouse gas emissions targets in investment strategies without a strong financial justification or efficient oversight procedures. Fiduciaries may rely on ESG factors that have no proven connection to risk-adjusted returns if there is no statutory financial materiality standard, which increases the possibility of misleading investors. Although opinions are still dispersed and primarily reactive, cases like <em>Spence v. American Airlines</em>, <em>SEC v. BNY Mellon</em>, and <em>Gatz Properties v. Auriga Capital</em> show a growing judicial awareness of these risks. Specifically amending... https://escholarship.org/uc/item/3567p5cj Tue, 20 May 2025 00:00:00 +0000 Qureshi, Firas Amin https://escholarship.org/uc/item/1q94v8g1 <p>The Volcker Rule’s Covered Fund Provision, enacted under the Dodd-Frank Act in 2013, was designed to separate traditional banking from speculative investment activities to safeguard financial stability and delineate the roles of distinct segments within the financial system. In 2020, financial regulators compromised this regulatory firewall by excluding venture capital and credit funds from the provision’s restrictions, allowing banks to serve as investors, sponsors, and working partners. This paper critiques the 2020 modification through a combination of legal and regulatory analysis. I will first examine the foundational purpose and structure of the original Volcker Rule. Then, I will interpret the statutory definitions, treatment, and risk profiles of venture capital and credit funds. Together, these analyses support the paper’s primary contention that the 2020 modification failed on two core fronts: contradicting the original legislative intent of the Volcker Rule and reintroducing... https://escholarship.org/uc/item/1q94v8g1 Tue, 20 May 2025 00:00:00 +0000 Kao, Joshua Skyler https://escholarship.org/uc/item/15b8x25k <p>As software becomes increasingly widespread, the data generated through bookkeeping and information transfers can be harnessed for the public good. The principle of data science, using forms of information to uncover insights or predict future outcomes, is dependent on inputs to fuel its function. For instance, large language models such as ChatGPT draw from massive datasets to respond to user questions with precision in the form of a large language model. What happens, however, when the data driving these technologies is inaccurate or biased? If flawed inputs lead to life-altering consequences, who should be held accountable? This paper challenges the efficacy of artificial intelligence algorithms used by housing corporations to identify “ideal” tenants. Through examining two recent court cases and outdated privacy legislation, I will identify inconsistencies in user data protection law and reevaluate them through a legal and technological lens. The paper argues that, to protect... https://escholarship.org/uc/item/15b8x25k Tue, 20 May 2025 00:00:00 +0000 Sadri, Mehri https://escholarship.org/uc/item/2fn7s76d <p>This thesis explores the factors that influence the US Supreme Court’s&nbsp;decisions to overturn precedent. I argue that the Court is more likely to depart from&nbsp;precedent in cases relating to the right to privacy due to the dynamic nature of privacy&nbsp;rights and their inherent connection to rapidly evolving technology and societal values.&nbsp;As society grapples with digital surveillance, data collection, and personal freedoms, the&nbsp;question of how the Supreme Court navigates past precedents in the face of new realities&nbsp;becomes increasingly relevant. I find that privacy precedents are more likely to be altered&nbsp;than other subject matter. This research contributes to a deeper understanding of the&nbsp;common law system’s adaptability in the face of contemporary challenges by examining&nbsp;the Court’s decisions to overturn precedents based on subject matter.</p> https://escholarship.org/uc/item/2fn7s76d Sat, 22 Jun 2024 00:00:00 +0000 Gilson, Luna https://escholarship.org/uc/item/9zz1x6tn <p>Several pieces of legislation have sprung up in recent years in Florida aiming to restrict public school library books and curricular materials. Notably, this coincides with other state legislative moves to restrict what students read and learn in school with partisan purposes. Library associations have reported that nationally, removed books disproportionately contain LGBTQ and racial minority themes. One law at the heart of these restrictions, Florida HB 1467 (2022), empowers community members to challenge and remove public school books and adds bureaucratic obstacles to the access of previously allowable materials. The vague and broad language of the Florida law leads to erratic application by school districts across the state, resulting in the suppression of protected speech. This article examines a key constitutional tension: Under what circumstances does the students’ right to receive information under the First Amendment outweigh school officials’ authority, and, by... https://escholarship.org/uc/item/9zz1x6tn Sat, 25 May 2024 00:00:00 +0000 Li, Kacie https://escholarship.org/uc/item/9gp2n52k <p>In the 21st-century digital age, health data privacy remains a crucial concern. This paper evaluates the effectiveness of the Health Insurance Portability and Accountability Act, known as HIPAA. More specifically, it demonstrates a need for a unified federal framework in the U.S. that aligns with General Data Protection Regulation’s protections to address modern-day cybersecurity threats better. This article argues that in an era of increased globalization, the United States should confront the task of reforming its healthcare data protection law to align with current cybersecurity risks.&nbsp;</p> <p>We begin by examining landmark legislation across American states to reveal inconsistencies between state and federal protective rulings. Later, we uncover the reactive nature of HIPAA, in contrast to GDPR’s proactive and citizen-centric approach. Through evaluating past lawsuits related to patient protection noncompliance, this paper depicts significant differences in the purpose,... https://escholarship.org/uc/item/9gp2n52k Sat, 25 May 2024 00:00:00 +0000 Sadri, Mehri https://escholarship.org/uc/item/9f07464n <p>This paper delves into the intricate relationship between the evolving field of genomic medicine and healthcare providers' legal and ethical responsibilities, with a particular focus on the duty to warn in the context of genetic risks. Through a critical examination of landmark cases such as Pate v. Threlkel and Safer v. Estate of Pack, this study underscores the expanding scope of healthcare providers' duties to include not just the patient but potentially at-risk family members as well. It highlights the legal, ethical, and practical challenges that arise when balancing patient confidentiality with the need to prevent harm through the disclosure of genetic information. The descriptive portion of the paper outlines the current legal precedents and the ambiguity surrounding healthcare providers' responsibilities. The prescriptive portion proposes the establishment of comprehensive, clear guidelines to support healthcare providers, particularly genomic counselors, in navigating... https://escholarship.org/uc/item/9f07464n Sat, 25 May 2024 00:00:00 +0000 Kong, Eugene https://escholarship.org/uc/item/5dd0v3t8 <p>This paper discusses the vulnerability of diabetic individuals when they are subjected to arrest procedures in criminal law. It analyzes the wrongful arrest theory as a device for individuals with disabilities to bring claims against law enforcement when their rights under Title II of the Americans with Disabilities Act (ADA) are violated. Individuals with diabetes constitute more than 10% of the United States population, meaning that many individuals are at risk for police misconduct because of their disability. The symptoms that come about with having diabetes, such as fruity-smelling breath and loss of coordination, can be mistaken for illegal activity leading to a wrongful arrest. No case involving ADA Title II violation claims against law enforcement relying on the wrongful arrest theory has been brought by an individual with diabetes. This paper explores the possibility of its potential success. To accomplish this, this paper first defines disability under the law, including... https://escholarship.org/uc/item/5dd0v3t8 Sat, 25 May 2024 00:00:00 +0000 McChesney, Rachel https://escholarship.org/uc/item/2f36c273 <p>This article delves into why the United States and Singapore, despite their shared colonial history, democratic institutions, wealth, and global influence, have drastically different free speech models. This paper will look at three points of comparison: historical context, political theory, and evolution of judicial interpretation. By comparing the current events and the prevalent political theories at the time of drafting the Singaporean and American constitutions, this paper seeks to understand why the nations ratified contrasting free speech clauses. &nbsp;However, the Constitution is only as meaningful as the courts interpret it, so this paper also explores how the respective Supreme Courts of Singapore and America have evolved their interpretation of the Constitution to shape their contrasting free speech models. While this paper will not argue which model of free speech is more effective, it will outline the underlying reasons for Singapore and America's drastically... https://escholarship.org/uc/item/2f36c273 Sat, 25 May 2024 00:00:00 +0000 Chamberlin, Dylan https://escholarship.org/uc/item/27g3v4tt <p>The healthcare system in the United States ought to provide its citizens with unhindered access to high quality medical care as well as equitable treatment and coverage. Legislation to advance access to healthcare, such as the creation of the Medicare and Medicaid programs in 1965 and the Affordable Care Act in 2008, have been appropriate steps forward in achieving these goals, but obstacles to healthcare access still persist for many Americans. Healthcare access is hindered by foundational problems, such as a large uninsured population, inadequate infrastructure and facilities, and high costs for services. In rural communities, these problems assume different social and economic contexts and thus require their own separate evaluation. Rural Americans currently lack effective access to healthcare, despite existing policies aimed at improving access by making healthcare more affordable. In this article, I will explain different facts of the discussion revolving around rural... https://escholarship.org/uc/item/27g3v4tt Sat, 25 May 2024 00:00:00 +0000 Khan, Shyan https://escholarship.org/uc/item/1rg557p7 <p>In 1929, the United States limited the number of congressional districts for the House of Representatives to 435 seats through the Permanent Apportionment Act. At the time, the average number of people within a congressional district stood at around 280,000 persons. In the 2020 census, this number has risen to 761,000 people per district. As a result, the voting power of citizens has been diminished. Representatives also face issues including logistical challenges in providing aid and information to constituents due to large populations. Importantly, the 435-seat limit dilutes the voting power of the electorate by reducing representation in states that have disproportionately large populations. This article argues that the 435 limit enacted by the 1929 Permanent Apportionment Act and the current method of apportioning districts to each state conflicts with precedent set by the Supreme Court from the cases <em>Reynolds v. Sims</em>, 377 U.S. 533 (1964) and <em>Wesberry v. Sanders</em>,... https://escholarship.org/uc/item/1rg557p7 Sat, 25 May 2024 00:00:00 +0000 Ghatak, Atreya https://escholarship.org/uc/item/1cb3v2q1 <p>Volume II of the Undergraduate Law Review at UC San Diego</p> https://escholarship.org/uc/item/1cb3v2q1 Sat, 25 May 2024 00:00:00 +0000 Rincker, Theresa https://escholarship.org/uc/item/0364w1d8 <p>This article critically examines sexual misconduct reporting on university campuses, emphasizing the inherent flaws in how consent is defined and implemented within policy frameworks. While acknowledging the value of clarity, it argues against adding modifiers like enthusiastic and affirmative, which can obscure and over-generalize consent definitions. Analyzing current policies and relevant cases underscores the urgent need for prompt changes in university and federal settings. More specifically, it focuses on the problems arising from schools having autonomy in setting their definitions of consent, leading to issues such as policy ineffectiveness. This article proposes a comprehensive definition of consent, incorporating key factors like culpability and verbal and nonverbal cues to promote safer campus environments. Thus, it advocates for the release of guidance documents by the OCR to push schools to adopt a standardized definition of consent, ensuring a more uniform approach... https://escholarship.org/uc/item/0364w1d8 Sat, 25 May 2024 00:00:00 +0000 Younk, Lauren https://escholarship.org/uc/item/9t75d7vj UCSD Undergraduate Law Review, Volume 1, Spring 2022 https://escholarship.org/uc/item/9t75d7vj Wed, 5 Jul 2023 00:00:00 +0000 UC San Diego, Undergraduate Law Review at https://escholarship.org/uc/item/76k2q8w1 The United States government was built to protect against a tyrannical government in which the wishes of the minority elite are prioritized ahead of the wishes of the majority. The fear of such minority influence in government is now grounded in the rise of wealthy corporations. With the rise of corporations, the United States has become increasingly economically dependent on major companies. Corporations are uniquely positioned economically to bargain for political advantage, and political campaigns are especially vulnerable to this relationship due to their heavy reliance on donors. Consequently, campaign finance laws have been established with the goal of curtailing corporate political influence. Campaign finance laws have undergone several interpretations by the highest court in the United States to address evolving public concerns surrounding corruption. Most notable is the 1975 Buckley v. Valeo case, where the Supreme Court ruled that the wealthy minority not be given free... https://escholarship.org/uc/item/76k2q8w1 Wed, 5 Jul 2023 00:00:00 +0000 Aleksanian, Tania https://escholarship.org/uc/item/6006m749 28 U.S.C. § 1350, dubbed the “Alien Tort Statute” (ATS), was part of the Judiciary Act of 1789 and grants United States federal courts original jurisdiction over tort cases committed by aliens against other aliens. An alien in this instance is an individual who is not a citizen or national of the United States. For almost 200 years, the law was rarely used, until 1976 when Filartiga v. Pena-Irala created a precedent which turned the ATS into a tool for global human rights. In the coming three decades, the ATS was used by aliens who were victims of human rights violations to bring a charge or seek compensation from their perpetrators. This precedent ended with Kiobel v. Royal Dutch Petroleum (2013) which placed a presumption against extraterritoriality, thereby barring the use of ATS for human rights violations committed abroad. This article argues that Congress should add the “Filartiga Amendment'' to the ATS in order to explicitly encode the Filartiga precedent. The amendment... https://escholarship.org/uc/item/6006m749 Wed, 5 Jul 2023 00:00:00 +0000 Manahan, Calvin https://escholarship.org/uc/item/5w72x1j7 Written texts are able to qualify for copyright protections that help serve as legal protections and ownerships for the author. However, oftentimes these written texts can become an inspiration for another text derivative. These text derivatives are considered copyright infringement if they are interpreted as so by judicial courts under four factors. The precedent of these four factors are that they are treated differently by different courts as seen through court cases such as Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc. and Warner Bros. Entertainment, Inc. and J.K Rowling v. RDR Books where courts show compelling and yet different interpretations of the four factors. This article highlights how there should be a better understanding and a multi-tiered methodology for interpreting the four factors. Ultimately, derivative texts should be deemed transformative enough in nature regardless of whether it satisfies any of the other three factors and should be able to satisfy... https://escholarship.org/uc/item/5w72x1j7 Wed, 5 Jul 2023 00:00:00 +0000 Ma, Joanne https://escholarship.org/uc/item/4td521wz For the past decade, cyclist deaths have steadily increased because of a general lack of awareness and enforcement of vehicle code. Additionally, there is no current legislation pertaining to the mechanics of operating a bicycle. This causes three issues. Firstly, new road hazards are created for motor operators. Secondly, otherwise avoidable crashes involving motor vehicles and cyclists occur. Lastly, there is pushback from both the cyclist community and the motor vehicle community where cyclists increasingly demand more freedoms on the road while the motor vehicle community increasingly demands more restrictions on cyclists and other non-motor vehicles. Despite varying opinions on vehicle restrictions, the official statistics provided by the US Department of Transportation Fatality Analysis Reporting System (FARS) are indisputable: 843 cyclist deaths have occurred across the nation in 2019 with California as the lead contributor with 20% of these deaths, which is how it has... https://escholarship.org/uc/item/4td521wz Wed, 5 Jul 2023 00:00:00 +0000 Rhee, Alexander https://escholarship.org/uc/item/3673x8c9 Since the 1960s, when legal and social initiatives of the LGBTQ+ rights movement first rose to prominence, issues surrounding the LGBTQ+ community have inspired some of the most prevalent political and social discussions today. Despite significant advancements having been made in the interests of promoting justice, LGBTQ+ communities still face considerable political, legal, and social inequalities. In March of 2022, the Florida State legislature passed House Bill 1557 (HB 1577), which imposes legal restrictions on educational practices relating to sexual orientation and gender identity in kindergarten through grade three statewide. Infamously characterized by many prominent media outlets as the “Don’t Say Gay” bill, HB 1557 has garnered insurmountable headlines and public attention in the past months, ultimately becoming one of the most controversial pieces of recent state legislation by receiving criticism and discussion at a national level. This article reviews the constitutional... https://escholarship.org/uc/item/3673x8c9 Wed, 5 Jul 2023 00:00:00 +0000 Xie, Randolph https://escholarship.org/uc/item/2xv1b445 Although people have become increasingly reliant on social media for information, misinformation, especially medical misinformation, runs rampant. Companies like Facebook and Twitter have been given discretion on how they maintain their platforms, but the effect is less than desirable. Under their structures, engagement-driven information takes priority over factuality, contributing to a pandemic of misinformation. Despite this influence, social media platforms face no penalties for how users are affected. This is because Section 230 of the Communications Decency Act (CDA) protects interactive computer services like social media platforms from liability for misinformation created by users. During the COVID-19 pandemic, these issues were highlighted when false social media information hurt coordination between government and citizens and increased personal health risks. To protect general health, Section 230 needs to be amended to exempt no-liability protection from user-generated... https://escholarship.org/uc/item/2xv1b445 Wed, 5 Jul 2023 00:00:00 +0000 Zhou, Kevin https://escholarship.org/uc/item/23v1c4hc This essay will discuss Article III standing in regard to data breaches and expectations of privacy. The topic of standing is introduced in context with precedent court cases Clapper v. Amnesty International and Spokeo, Inc v. Robins, which highlight the limits of legitimacy of injury. These cases are then compared and contrasted to other decisions in recent circuit splits, showing that there is a lot of gray area on the type of injury sustained in a data breach. This article then looks at the current state of privacy domestically, coming to the conclusion that the U.S. needs a stronger national policy for privacy regulation to protect the consumer. Finally, such legislation is discussed, along with proposed solutions that consider the pros and cons of these discussions. https://escholarship.org/uc/item/23v1c4hc Wed, 5 Jul 2023 00:00:00 +0000 Truong, Tracy https://escholarship.org/uc/item/1zk760v9 Software advances allow for durable goods producers to extract money from consumers after purchase. Traditionally, durable goods are a one-time large purchase. By attempting to expand durable goods transactions into the aftermarket, sellers are making potentially drastic changes to consumer costs for these goods, and expect hefty profits from the move. Sellers create aftermarket transactions in two ways: subscriptions and repairs, and this article argues that these areas should be regulated in new ways given advances in software. First, subscriptions on software-enabled durable goods should be regulated along the lines of the Restore Online Shoppers Confidence Act with special prohibitions for explicit removals of service (instances where companies use software to paywall functionality). Right to repair (RTR) is an issue in the area of durable goods transactions where sellers use software to monopolize their control over aftermarket sales. This article recommends it should be... https://escholarship.org/uc/item/1zk760v9 Wed, 5 Jul 2023 00:00:00 +0000 Rincker, Theresa https://escholarship.org/uc/item/0zm1t8jp V.1, Spring '22 Editor Biographies https://escholarship.org/uc/item/0zm1t8jp Wed, 5 Jul 2023 00:00:00 +0000 UC San Diego, Undergraduate Law Review at