University of California Hastings College of the Law
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Protecting Worker Health Data Privacy From The Inside Out
No full textThis article investigates three new opportunities for complementary public, private, and design-centric protections of worker health data, an overlooked yet critical area of data privacy regulation. The expansion of biometric monitoring, of the $50 billion femtech industry, and the commercial value of health data also underscore the need for greater protection of worker health data. Now that states are developing more comprehensive data privacy laws, it is critical to consider innovative solutions that build on the best of these laws nationwide. Especially after the Supreme Court’s Dobbs decision, the health data of women workers has become especially prone to misuse. This article proposes a three-part solution to protect worker health data more effectively. First, privacy by design requirements used for protecting children’s data should be adapted to limit the unprotected health data that apps and websites store. Next, the U.S. should adopt a federal law comparable to the California Privacy Rights Act to limit the collection and use of worker health data. Finally, incentives should encourage employers to offer enhanced privacy protections to their workers as a perk, for competitive advantage, and as a novel form of corporate social responsibility
The Uncertain Future of Restorative Justice: Anti-Woke Legislation, Retrenchment and Politics of the Right
No full texthttps://repository.uclawsf.edu/crej/1010/thumbnail.jp
A Critical Race Theory Analysis: The Role of Racialization, the White Racial Frame, and Institutional Power in California Eugenics Sterilizations
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A Path Toward Race-Conscious Standards for Youth: Translating Adultification Bias Theory into Doctrinal Interventions in Criminal Court
No full textThis article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at Seattle University School of Law, I demonstrate how adultification bias was used to explain the racial disproportionality in the transfer of young people to adult court for prosecution, as well as the harshness of the sentences received by young people in both juvenile and adult court. These cases provide roadmaps for clinicians and advocates to educate criminal legal system stakeholders about the risk of adultification bias and other forms of implicit bias, either as amicus or in direct service to clients. The briefs proposed new legal standards in cases that require criminal legal system stakeholders to account for adultification bias. These litigation strategies are designed to obtain outcomes for clients that account for one way that race plays a role in prosecutorial and judicial decision-making, a problem which is clear in the aggregate but has historically evaded remedy in individual cases. These proposals also provide a concrete example of how law school clinics can put theory into practice and produce doctrinal interventions that advance racial justice
A Cross-Clinic Collaboration: How an Amicus Brief Helped Create Judicial Recognition of Adultification Bias in Juvenile Sentencing
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Academic Village Finance Authority Board of Directors Meeting - Notice and Agenda 06/07/2024
No full textCreating Compliance Climates
No full textRelatively 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 “compliance climates” that project regulators’ priorities into the market. These climates are what drive participants’ behavior. This Article begins by defining compliance climates and describing, as examples, two diametrically opposed climates created by Directors of the Consumer Financial Protection Bureau (“CFPB”). It then identifies constraints on the creation of compliance climates. In particular, the Article demonstrates significant limitations on using new enforcement actions or rulemakings to set compliance climates. The Article concludes by showing that effective regulators generate compliance climates efficiently and quickly by: (1) using their “bully pulpits;” (2) making creative use of enforcement and rulemaking activities they inherited from their predecessors; and (3) taking quick actions like guidance or amicus briefs that require relatively little staff time or resources. Although every regulator has different powers and mandates, the lessons derived from the CFPB’s experience are broadly applicable. Regulators cannot rely simply on bringing new enforcement actions or promulgating new rules to enforce compliance with their regulatory agendas; they must use all the available tools to effectively and efficiently generate a compliance climate that reinforces their agendas