Volume 68

Hillel Y. Levin Volume 68, Issue 6, 1193-1242 All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious...

Michal Saliternik Volume 68, Issue 6, 1243-1290 When and how should courts protect individual reliance upon unlawful governmental acts? This question arises in various situations in all fields of public law. However, despite its pervasiveness,...

Scott W. Taylor Volume 68, Issue 6, 1291-1318 The mission of the U.S. Department of Veterans Affairs (“VA”) is “[t]o care for him who shall have borne the battle, and for his widow, and his orphan” by providing services and benefits to...

John Tehranian Volume 68, Issue 6, 1319-1370 For more than two centuries, the Copyright Act has eschewed the task of defining authorship. However, with the decoupling of the act of creation from the act of fixation and the dramatic advance of...

Ramsi A. Woodcock Volume 68, Issue 6, 1371-1420 Antitrust law today guarantees a particular distribution of wealth between consumers and firms by promoting competition in some markets, but allowing firms to retain pricing power in other...

Angel Rzeslawski Volume 68, Issue 6, 1421-1440 Following the financial crises of 2008, the Dodd-Frank Act was signed into law to protect consumers from abusive financial services among other things. However, the Dodd-Frank Act has a...

Dana Sherman Volume 68, Issue 6, 1441-1460 “Civil detainees” under the Sexually Violent Predators Act include those persons who have already served their criminal sentences, but are still caged in prisons, awaiting court determination of...

Adam Hofri-Winogradow Volume 68, Issue 5, 931-1006 Recent revelations on the use of fiduciary services raise concerns regarding their use for tax and creditor avoidance. Yet given the secrecy shrouding much of the fiduciary industry, we do not...

Francis X. Shen Volume 68, Issue 5, 1007-1084 The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making...

Diana Cao Volume 68, Issue 5, 1085-1110 The “sharing economy” is a term describing organized economic activity that may supplant the traditional corporate-centered model and encourages peer-to-peer transactions. It is a system of sharing...

Alyssa Coley Volume 68, Issue 5, 1111-1134 Whether operating globally or simply integrating services on the Internet, many business functions inevitably subject companies to a web of complicated international regulatory and legal requirements....

Michelle Freeman Volume 68, Issue 5, 1135-1168 Under the law, “dignity” is a principle that is often invoked, but ill-defined. The most recent and prominent example of this was the U.S. Supreme Court’s decision in Obergefell v. Hodges. There,...

Conrad Postel Volume 68, Issue 5, 1169-1192 Some of the most watched user-created videos on the Internet are recordings of individuals playing video games. These are commonly referred to as “Let’s Play” videos. The revenue that these videos can...

David A. Carrillo Volume 68, Issue 4, 731-776 In 1911, the California Constitution was amended to divide the state’s legislative power by reserving to the electorate the powers of initiative, referendum, and recall. Most of the thinking to date...

Sharona Hoffman Volume 68, Issue 4, 777-794 While big data offers society many potential benefits, it also comes with serious risks. This Article focuses on the concern that big data will lead to increased employment discrimination. It develops...

Nicholas Mignanelli Volume 68, Issue 4, 795-816 Professor Calvin R. Massey served on the faculty of the University of California, Hastings College of the Law from 1987 until 2012. From 2012 until his death in 2015, he served as the inaugural...

Malinda L. Seymore Volume 68, Issue 4, 817-868 Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes...

Amy Leah Holtz Volume 68, Issue 4, 869-908 The era of technology has provided a proliferation of new scientific and technological methods designed to assist individuals and couples to successfully conceive children when they otherwise would not...

Victoria Vlahoyiannis Volume 68, Issue 4, 909-930 California is one of the largest economies in the world. It is home to many of the most successful companies in all sectors, especially health and technology. In recent years arbitration...

Elisabeth de Fontenay Volume 68, Issue 3, 445-502 From its inception, the federal securities law regime created and enforced a major divide between public and private capital raising. Firms that chose to “go public” took on substantial...

Ji Li Volume 68, Issue 3, 503-540 Foreign direct investment (“FDI”) from emerging economies generally exhibits two distinct characteristics: (1) most of the investors thrive in poor regulatory environments, and (2) the visible hand of the state...

Odette Lienau Volume 68, Issue 3, 541-608 Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens”collective presentations or beliefs about how markets workwhich are...

Jaya Ramji-Nogales Volume 68, Issue 3, 609-656 Migration emergencies are a commonplace feature in contemporary headlines. Pundits offer a variety of causes provoking these emergencies. Some highlight the deadly risks of these journeys for the...

Steve Sanders Volume 68, Issue 3, 657-710 To survive rational basis scrutiny under the Equal Protection Clause, a law must serve a governmental purpose which is at least legitimate. It is well established that legitimate purposes can sometimes...

Alyssa Yoshida Volume 68, Issue 3, 711-730 With the help of modern technology, people today have more flexibility than ever before in the realm of family planning and conceiving children. An increasing amount of couples are opting to go through...

Eric R. Carpenter Volume 68, Issue 2, 225-258 Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage...

Jared A. Goldstein Volume 68, Issue 2, 259-308 Movements dedicated to making the United States a “Christian nation” have been a recurrent feature in American politics for more than 150 years. Over that time, however, the relationship between...

Janine S. Hiller and Jordan M. Blanke Volume 68, Issue 2, 309-56 Smart Cities are designed to ubiquitously collect information about people, places, and activities and to use that data to provide more efficient services and to build resilience...

Deepa Varadarajan Volume 68, Issue 2, 357-96 To obtain trade secret protection, a firm must take reasonable secrecy precautions (“RSP”) to guard the confidentiality of claimed information. The RSP requirement has long puzzled courts and...

M. Jake Feaver Volume 68, Issue 2, 397-418 The internet brought plentiful opportunities for sharing content between individuals. However, along with those opportunities, the potential for abuse and intellectual property infringement increased...

Isabella Langone Volume 68, Issue 2, 419-44 When the marine mammal entertainment industry emerged in the 1960s, companies like SeaWorld captured orcas and dolphins from the wild and put the animals on display to bring joy and entertainment to...

Megan M. Carpenter Volume 68, Issue 1, 1-44 Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of...

Lyle D. Kossis Volume 68, Issue 1, 45-96 The Constitution gives Congress the power to “define and punish . . . Offences against the Law of Nations.” Congress has used this power to enact various criminal statutes that proscribe certain...

Yaron Nili Volume 68, Issue 1, 97-158 Director independence is a cornerstone of modern corporate governance. Regulators, scholars, companies, and shareholders have all placed a strong emphasis on director independence as a means to ensure that...

Tracy Hresko Pearl Volume 68, Issue 1, 159-202 Crowd-related injuries and deaths occur with surprising frequency in the United States. In recent years, crowd members in the United States have sustained significant injuries and even fatalities...

Eric Young Volume 68, Issue 1, 203-24 Patents, by their very nature, are a type of monopoly, and are so important to our country’s intellectual and technological advancement that the Founding Fathers granted Congress the power “to promote the...