Volume 75

Richard E. Gutierrez Volume 75, Issue 6, 1535-1580

Gabriel J. Chin Volume 75, Issue 6, 1581-1600

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)...

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...

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...

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...

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...

Leti Volpp Volume 75, Issue 6, 1705-1728

Ming H. Chen Volume 75, Issue 6, 1729-1740

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...

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...

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...

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...

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...

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...

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...

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...

Charles Tait Graves Volume 75, Issue 5, 1441-1448

Shanin Specter Volume 75, Issue 5, 1449-1478

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...

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...

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...

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...

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...

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....

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,...

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...

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,...

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...

Daniel Cassee Volume 75, Issue 3, 823-852 Senate Bill 447, California’s recent lift of the ban on recovery of damages for a decedent’s pain, suffering, and disfigurement in survival actions marks a necessary change in the state’s tort law, avoiding the arbitrary and...

Alexander S. Whistler Volume 75, Issue 3, 853-878 The Supreme Court’s 2022–2023 term was, unsurprisingly, terrible for millions of Americans. From the environment to affirmative action to student loan forgiveness, the Court remained committed to its project of...

Evelyn Wynn Volume 75, Issue 3, 879-912 The United States is facing a growing challenge in financing long-term care as the population ages and the demand for these services continues to grow. The cost of long-term care can be exorbitant, with many individuals and...

Charles H. Brower II Volume 75, Issue 2, 261-293 This Article addresses an undertheorized but important topic: the laundering of foreign arbitral awards. Prevailing parties in foreign arbitrations often obtain judgments confirming their awards at the place of...

Jake Linford & Aaron Perzanowski Volume 75, Issue 2, 293-372 When Donald Trump descended the escalator of Trump Tower to announce his 2016 presidential bid, Neil Young’s “Rockin’ in the Free World” blared from the loudspeakers. Almost immediately, Young’s...

Elise Bernlohr Maizel Volume 75, Issue 2, 373-411 Privilege is a choice. In crafting evidentiary privileges, courts and policymakers have fashioned a rule that concedes that some things are more important than getting to the truth. Indeed, our entire law of privilege...

Nicholas Serafin Volume 75, Issue 2, 411-470 States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express...

Emma Braden Volume 75, Issue 2, 471-504 A functioning government requires tax revenue, and democratic legitimacy requires a nation’s leaders be subject to the same laws as its citizens. The president’s tax behavior is an opportunity to address both needs. With a...

Brian A. Weikel Volume 75, Issue 2, 505-554 Surveillance cameras are increasingly used by the public and law enforcement to prevent and prosecute criminal activity. Individuals and companies can grant law enforcement access to private cameras for both live monitoring...

Colleen V. Chien, W. David Ball, and William A. Sundstrom Volume 75, Issue 1, 1-66 Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically...

Albert H. Choi Volume 75, Issue 1, 67-114 Scholars and practitioners have long theorized that by penalizing firms with unattractive governance features, the stock market incentivizes firms to adopt the optimal governance structure at their initial public offerings...

Roee Sarel Volume 75, Issue 1, 115-174 ChatGPT is a prominent example of how Artificial Intelligence (AI) has stormed into our lives. Within a matter of weeks, this new AI—which produces coherent and humanlike textual answers to questions—managed to become an object...

Pamela Ho Volume 75, Issue 1, 175-198 In the past decade, Latinxs and Asians in the United States have experienced an increase in hate crime victimization. Previous research has identified correlations between hate crime reporting and race. However, few statistical...

Joonghan (Joseph) Jo Volume 75, Issue 1, 199-232 The Americans with Disabilities Act (ADA) was enacted with the hope that it would solve issues regarding discrimination against the disabled. However, the outcome fell short of its aspirations. Many people with...

Justine Magowan Volume 75, Issue 1, 233-260 The music industry stands on the brink of a crisis. With unpredictable judicial standards that are inconsistent across the country, plaintiffs seeking to protect their musical works against copyright infringement face a...