University of California Hastings College of the Law
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Paying the Penultimate Price: Compensating Predeath Pain and Suffering in California
No full textSenate 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 even shocking outcomes that occurred under the former statutory regime. When the California State Legislature revisits the survival statute prior to the recent amendment’s sunset in 2026, it should choose to keep predeath noneconomic damages as part of the available recovery in a death case. However, the lack of in-state case law discussing predeath noneconomic damages will require California courts and lawmakers to look to other jurisdictions for guidance on the various doctrinal and evidentiary questions that inevitably flow from such an expansion of liability. These questions include the relationship between a tortious injury and the subsequent death, judicial review of noneconomic jury verdicts, the temporal scope of liability, and the evidentiary requirements for a claim of predeath pain and suffering. This Note outlines the circumstances leading the passage of Senate Bill 447, argues for the retention of predeath pain and suffering damages past the statutory sunset, and discusses how California courts might address the doctrinal questions that may arise in the context of cases implementing the new damages with reference to the many solutions found in jurisdictions around the United States
Racial Reckoning and the Police-Free Schools Movement
No full texthttps://repository.uclawsf.edu/crej/1007/thumbnail.jp
Facial Recognition Technology in the Market: What Consumers Need to Know to Protect Their Rights
No full textFacial recognition technology (FRT) has rapidly expanded in consumer products over the last decade, offering convenience, but raising significant privacy concerns. This article examines the implications of FRT on consumer privacy, emphasizing the unique risks associated with biometric data. Unlike other personal data, biometrics are biologically unique and irreplaceable, making unauthorized access and misuse particularly harmful. Despite the growing consumer awareness and concern about data privacy, current legal protections are fragmented and insufficient. This article provides a comprehensive analysis of how FRT is integrated into products and services and highlights the privacy risks associated with each. It reviews existing federal and state privacy laws and discusses their limitations and enforcement mechanisms. The article also explores liability issues, detailing the avenues for public enforcement by state attorneys general and the Federal Trade Commission, as well as private rights of action available under certain state laws. This article argues for the necessity of a uniform legal framework that includes a private right of action for consumers to seek compensation for damages resulting from privacy violations. By proposing a balanced approach that combines regulatory oversight with consumer empowerment, this article aims to enhance the protection of consumer privacy rights in the age of FRT, ensuring that both businesses and consumers can navigate this landscape with greater confidence and security
