University of California Hastings College of the Law
UC Hastings Scholarship Repository (University of California, Hastings College of the Law)Not a member yet
18514 research outputs found
Sort by
‘Common Sense Discipline’ is Not Evidence-based School Discipline: The Misalignment of Executive Order 14280 and Education Research
No full texthttps://repository.uclawsf.edu/crej/1004/thumbnail.jp
FAQ: Remote Work Racial Discrimination
No full texthttps://repository.uclawsf.edu/crej/1001/thumbnail.jp
Wide Nets, Heavy Burdens: Unpacking Executive Order 14105’s Final Rule
No full textExecutive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” was enacted to protect U.S. national security interests in light of China’s military technological growth. This Executive Order creates an outbound investment review program that restricts investments by a U.S. person into companies in specified countries operating in certain technology sectors. This Note will discuss the background of geopolitical tensions between the United States and China, review E.O. 14105, and argue that the program it creates results in burdensome unintended consequences to the U.S. economy. These unintended circumstances include: (1) high regulatory compliance costs, (2) trade wars, (3) a decrease in U.S. competitiveness, and (4) retaliatory policies from China. Along the way, this Note will propose methods and considerations to alleviate some of these burdens
Insurance Under Fire: Assessing How California’s Insurance Industry is Tackling the Wildfire Crisis and What’s Next
No full textCalifornia is currently facing an insurance crisis. The increased impact of climate change, including extreme droughts and wildfires, poses new risks to the insurance industry, especially when it comes to homeowner’s insurance. Insurance providers have limited their homeowner coverage, with many companies leaving the state entirely due to the undervaluation of climate risk in the policies they provide. A so-called “climate insurance bubble” is already beginning to burst. The state’s last-resort public insurance program, the FAIR Plan, has expanded rapidly to fill in for the lack of insurance providers in the state. But because FAIR Plan policies are expensive and limited, many Californians are forced to go without any home insurance coverage at all.1 This Note will examine California’s ongoing insurance crisis, focusing on the factors driving the increased severity and frequency of wildfires in the state. It will then explore the impact of these wildfires on the housing market and provide an overview of California’s insurance regulations and the current state of the insurance market. The Note will highlight the drawbacks and benefits of sustainable Insurance Strategy, and offer recommendations to strengthen wildfire insurance regulation by incorporating more consumer-focused strategies. The recommendations include providing additional financial incentives for homeowners to fireproof their properties, expanding wildfire preparedness education, and rebuilding communities affected by fires with greater resilience by utilizing smarter, more sustainable land use practices
“For Whom the Bell Tolls”?* Is the Corporate Transparency Act Dead, and if Not, What Is Its Impact on Corporate Governance?
No full textThe Corporate Transparency Act (“CTA” or “the Act”) was enacted by Congress in 2021 to combat illicit financial activity through mandated beneficial ownership disclosure. While the current administration has opted not to enforce the CTA’s reporting requirements on domestic entities, the law remains in effect, and its future is uncertain amid ongoing constitutional litigation.
This Note argues that the CTA should be repealed, and state legislatures should refrain from mirroring the Act. The CTA creates undue burdens that threaten effective and efficient corporate governance in small businesses and many non-profits. This Note traces the contentious history of the CTA and the burdens on corporate governance, given the uncertain nature, impact, and overbroad scope of the CTA. Furthermore, it discusses why the current administration’s recent executive decision not to enforce the CTA’s reporting requirements on domestic businesses does not sufficiently mitigate the detrimental impacts on small businesses and non-profit corporations. The CTA, and state laws that mirror it, putatively deter bad actors from exploiting corporate structures and increase accountability for owners, directors, and senior directors. But ultimately, the purported benefits are grossly outweighed by federal government overreach, burdensome compliance costs and requirements for companies ill-equipped to meet these burdens, and a possible chilling effect on directors’ and officers’ participation in small businesses and non-profit corporations