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New Media Rights\u27 Internet & Media Law Clinic: California Western School of Law
Get PDFThis article looks at the critical need for legal services addressing new media rights and the types of cases that benefit from the New Media Rights’ Internet & Media Law Clinic at California Western School of Law (New Media Rights) in San Diego.
This article will discuss New Media Rights in four parts: 1. Why do we have IP, arts, and technology clinics like New Media Rights? 2. What is New Media Rights, and how do we benefit the students and the community? 3. What is the structure and pedagogy of the clinic? 4. What are our hopes looking forward
Existing Patent Laws Promote Competition and Lower Drug Prices, But Is This Appropriate for COVID-19 mRNA Vaccines?
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Statues of Fraud : Confederate Monuments as Public Nuisances
Get PDFThe deaths of George Floyd, Breonna Taylor, and countless other African Americans have capitulated a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the 21st century, racist and unrestrained police violence continues to plague American society. The unprecedented national uprisings resulting from the brutal killings of African Americans have positioned the U.S. on the precipice of immense social and political change. This transitory period is marked by an amalgamation of social, political, and cultural influences. However, the continued exhibition of Confederate monuments inexorably stymies the ability to remedy the brutal injustices resulting from this country’s racist and oppressive past. In a time where public health and safety is at the forefront of American news and politics, the ongoing Confederate monument controversy and the inability of governments to uniformly decide the fate of these divisive objects undoubtedly impacts the public’s health and safety. Various localities have declared Confederate monuments as “public nuisances,” and despite legal challenges, have been successful in the removal of these offensive objects. Within this context, this Article proposes that the doctrine of public nuisance may be utilized as a vehicle for the removal of Confederate statues in public spaces. This Article further argues that the memorialization of the Confederacy, slavery, and the subordination of Black Americans through Confederate monuments continues the significant “cultural trauma” sustained by Black Americans for centuries. Ultimately, the removal of Confederate monuments serves to erase the false narrative propagated by Lost Cause enthusiasts, and most notably, to begin to cure the deep fissures of systematic racism and oppression in the United States
Some Reflections on the Fourth Chilean-German-Tanzanian Legal Talk
No full textOn December 3, 2021, the Heidelberg Center for Latin America convened a group of academicians from around the world to explore the way legal pluralism contests values (including the protection of universal human rights), disrupts our national legal systems, and provides for self-determination. The transnational webinar was co-sponsored by the University of Heidelberg and University of Bayreuth of Germany, Universidad de Chile, University of Dar Es Salaam in Tanzania, Faculdades de Campinas in Brasil, as well as California Western School of Law/Proyecto ACCESO in the United States, and the German Academic Exchange Service (DAAD).
The webinar brought together participants with an interest in Comparative Law, Indigenous Studies, Legal Anthropology, and Sociology of Law. The Essay examines exercises of judicial imperialism which involved the wholesale importation of other countries’ norms, rules and institutions and the calls, in the post-Independence era, for more locally sourced legal cultural practices
Contractual Complexity
Get PDFLawyers, judges, scholars, and clients all agree on one thing about contracts: they are complex. But what does this actually mean? What is contractual complexity and where does it come from? Despite widespread agreement that contracts are complex, the literature on contracts has yet to effectively define contractual complexity. Furthermore, the literature lacks a general theory of complexity that connects it to the broader body of contracts scholarship. This Article aims to fill these gaps. Drawing on complexity theory, the Article argues that contractual complexity is the degree of interactivity between a contract’s terms. Building on this definition, the Article develops a general theory of contractual complexity that integrates complexity with the literature’s existing understanding of how contracts are designed and enforced. The Article formally models this theory and uses the model to produce testable hypotheses for empirical study. The Article’s theory and model have implications for contract design and interpretation
Genetically Engineered Food, Food Security, and Climate Change
Get PDFMalnutrition is the leading cause of death and disease worldwide. Climate change is an existential crisis. We need to feed people and address the role of agriculture in climate change – at the same time. This is problematic, as agriculture inherently creates issues that contributes to climate change. Utilizing science, through genetically engineered crops, is one way to close the harm gap between food security and climate change. This essay addresses the controversial issue of genetically engineered crops with the complicated issues of food security and climate change by analyzing three main issues: (1) how the science of genetically engineered crops can improve food security and lessen the impact of agriculture on climate change; (2) international regulation of genetically engineered crops; and (3) consumer misperception of risk as it relates to genetically engineered crops. In sum, this article tackles the complicated problem of genetically engineered food as it relates to food security and climate change. This essay is forward thinking as it promotes closing the divide between consumer misperception of risk and evidence-based assessment of risk to allow science to improve our food supply and decrease the impact on the planet
Embracing Crimmigration to Curtail Immigration Detention
Get PDFImmigration advocates have long objected to both the constitutionality and conditions of immigration detention. However, legal challenges to the practice have been largely unsuccessful due to immigration law’s “exceptionality.” Placing recent litigation carried out against immigration detention during the COVID-19 pandemic within the context of the judiciary’s approach to immigration, this Article argues that litigation is an extremely limited strategic avenue to curtail the use of immigration detention. I then argue that anti-immigration detention advocates should attempt to incorporate their agenda into criminal legal reform and decarceration efforts. This is important for both movements. Normatively, immigration detention raises comparable issues: Namely, that jailing people is, on the one hand, an extreme and cost-ineffective form of social control, and on the other, a tool to marginalize or “otherize” entire communities. Furthermore, there is evidence that ongoing efforts to decarcerate states and localities may be foiled by immigration detention. To the extent, therefore, that decarceration reforms are based on commitments to freedom or condemnation of the extensive use of carceral institutions, they are incomplete and even dangerous without including measures to address immigration detention. Immigration advocates, on the other hand, are more likely to succeed by placing the anti-immigration detention agenda within the scope of larger criminal legal reform than by pursuing immigration detention reform or through litigation
Is fire insurable?
Get PDFThe focus of this chapter is on the extant data on the prevalence, causes, and depth of inadequate, unavailable, and/or unaffordable dwelling insurance for fire, and what might be done about it. Whether it is ‘bushfire’ in Australia or ‘wildfire’ in the United States, the frequency, intensity, and cost of fire is increasing, with no reason to expect the upward trend to dissipate any time soon. Most homeowners want to insure their homes for fire and think they both have done so and done so adequately. More often than not, they are wrong. And many are finding that insurance now is becoming unaffordable if available at all. Which all frames the question, as climate change continues, is fire insurable? This chapter considers the state of the relationship between fire and insurance, specifically insurance of homes, seeking to describe both the present and the possible future of the insurability of fire