University of California Hastings College of the Law
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Academic Village Finance Authority Board of Directors Meeting - Open Session Book 06/12/2025
No full text“Foreign-related Rule of Law” and the Belt and Road Initiative: A Chinese Legal- Economic Synergy
No full textShielding from Culpability: The Responsibility System in EU’s Asylum and Migration Policy
No full textDigital Dollar: Privacy and Transparency Dilemma
No full textMany 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 by leading think tanks, central banks, and scholars from interdisciplinary fields, reaching a surprising conclusion that contradicts popular belief: a digital dollar can offer better privacy protection than existing digital payment systems. The Article argues that those expressing concerns have made two flawed assumptions: (1) that digital dollar data is fully transparent regarding personal information and transaction details and (2) that the government or Federal Reserve has unrestricted access to this fully transparent data, posing a significant risk for misuse. In reality, the designs directly oppose these assumptions by allowing for a certain degree of anonymity—whether through payer anonymity, transaction anonymity, or a combination of both—while preventing government access to identity data and transaction details. The real issue is that if the digital dollar adopts these privacy-preserving designs, it will directly conflict with existing anti-money laundering and countering the financing of terrorism (AML/CFT) regulations that require transparent data to combat financial crimes. Accordingly, this Article proposes changes to financial institutions’ record-keeping, reporting, and information-sharing practices. It also suggests modernizing AML/CFT requirements to allow a certain degree of anonymity to protect privacy while still fulfilling public interest objectives such as combating money laundering and terrorist financing
Trend Analysis: State Legislation Expanding the Scope and Use of Exclusionary School Discipline (ESD)
No full texthttps://repository.uclawsf.edu/crej/1006/thumbnail.jp
“Prisoners of the Union”: Emporium Capwell and the Decline of Concerted Activity against Racial Discrimination
No full textThis paper tracks the development of judicial understanding of labor unions’ status under Section 9 of the National Labor Relations Act as the “exclusive representative” of employees for the purposes of bargaining with the employer, focusing on the how the Supreme Court case Emporium Capwell v. Western Community Addition has led to a gradual restriction of the scope of protected concerted activity by workers suffering discrimination. This ossification reveals how rigid, overly theoretical understanding of the law that is divorced from practical contexts often leads to reinforcing racial disparities in a capitalist mode of production. I further argue Emporium Capwell provides a rich common ground for radical legal theories, including both Marxist and Realist-descended theories such as Critical Race Theory (CRT) and the Law & Political Economy (LPE) movement. LPE’s framework allows for CRT and Marxist theories to engage each other over the contradictions in post-war liberalism that Emporium Capwell laid bare. Specifically, CRT and Marxist analyses of Emporium Capwell can serve as a basis for introducing Cedric Robinson’s idea of “racial capitalism” in a legal context. Derrick Bell’s critique of liberal Warren Court-era civil rights discourse, when combined with Marxist critiques of labor unions in a capitalist mode of production, can show how non-realistic legal analysis shores up racial capitalism