California Western School of Law

California Western School of Law
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    2208 research outputs found

    Everybody Wants to Rule the World: Central Bank Digital Currencies in the Era of Decoupling the World’s Two Largest Economies

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    Some 130 central banks around the world are experimenting with various levels of a central bank digital currency (“CBDC”), a digitized form of a sovereign-backed, national currency that is a liability of that country’s central bank. Unlike fiat currency, CBDCs are trackable and potentially subject to interference and even freezing by government authorities. CBDCs will affect citizens’ control over commerce, payments, and savings, and impact their privacy rights. The Chinese government has piloted, refined, and rolled out its own CBDC called the Digital Currency/Electronic Payment initiative (“DC/EP”), also known as the digital yuan or e-CNY. The Chinese government is far ahead of the governments of other countries in terms of integrating its CBDC into its national economy, and this new system has the potential to disrupt the U.S. dollar as the world’s reserve currency. The United States government, on the other hand, has been slow to even pilot a digital dollar, as there is much resistance to potential government control of consumer behavior and concern over privacy rights. This Article explores these trends in the context of the decoupling of the world’s two largest economies

    Older Women Workers, the Pandemic, Employment Discrimination and Lifetime Disadvantage

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    As a group, older women workers were among those most severely impacted by the COVID-19 crisis. Drawing from both intersectionality and cumulative disadvantage theory, the Model of Lifetime Disadvantage created by Bisom-Rapp and Sargeant helps frame the position of these workers in the labor market prior to and during the pandemic. The model also explains why and how disjointed, incremental legal interventions are unable to meet the challenge of gendered ageism, which surged during the crisis. Disasters produce impacts unevenly on individuals and communities. Older women are a diverse group, whose social position is mediated by race, ethnicity, sexual orientation and other factors. Given this complexity, equality law is unlikely to be an effective tool for addressing pandemic-related shortfalls in economic opportunity and security. Consequently, public policies geared to the life cycles and demands facing older women workers are necessary for pandemic recovery and resilience

    Abortion Costs and the Language of Torture

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    Following the U.S. Supreme Court\u27s decision in Dobbs v. Jackson Women\u27s Health Org., several states imposed significant restrictions on abortion. Some of these states established medical exceptions that would allow a pregnant person to receive an abortion only if they face a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced. This language highlights the extreme pain and suffering that pregnant people must experience to qualify for an abortion in some states. It also has a troubling past. It is the same language and threshold the United States used to justify the torture of detainees during the war on terror. This essay recognizes the linguistic connection between abortion restrictions and the language of torture. Forcing pregnant people to suffer pain equivalent to torture as a condition for receiving reproductive care is a requirement of extraordinary violence. And yet, the Supreme Court\u27s decision in Dobbs attaches no significance to this requirement or its attendant health costs. In response, this essay argues that these health costs should be considered by legislatures and courts when assessing abortion restrictions. Because rational basis review is now the legal standard for assessing restrictions on reproductive care, legislatures should be required to acknowledge the health costs to individuals, and courts should be required to verify that legislatures engaged in this review. The current absence of cost analysis and verification in rational basis review of abortion restrictions undermines the legitimacy of even this most deferential form of judicial scrutiny. This legal ignorance also highlights the continuing flaws and profound harms of the Dobbs decision

    What Goes Up But Never Comes Down? Juvenile Punitive Practice Within The United States

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    Legalizing Transphobia: How the Anti-Gender Movement Utilizes the Law to Uphold Anti-Trans Hate

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    The Procedural Justice Industrial Complex

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    The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice – that a polite cop is a lawful cop – promotes a false consciousness among would-be reformers that progress has been made, evokes a false sense of legitimacy divorced from objective indicia of lawfulness or morality, and claims the mantle of “reform” in the process. It is not just that procedural justice is a suboptimal type of reform; it is the type of reform that actively frustrates other reforms by dressing up policing with the perception of correctness and legitimacy. And yet, procedural justice dominates police reform policy. Virtually all current federally funded police reform proposals support procedural justice trainings to the exclusion of proposals to address police brutality, eliminate discriminatory overpolicing, demilitarize departments, and end qualified immunity. As a result, a growing procedural justice industrial complex has taken shape. This multilayered public-private partnership between government agencies, academic institutions, and for-profit training companies increasingly helps police departments “protect their brand” and “reduce liability” through procedural politeness, while requiring no changes to unlawful, unnecessary, and violent police behavior. This Article provides the first comprehensive account of this growing complex, charting its roots in community policing and evolving into a cottage industry of private, for-profit purveyors offering costly procedural justice trainings to departments flush with federal grant money. This Article also challenges the dominant scholarly narrative supporting these procedural justice policies, interrogating its role in promoting unnecessary ubiquitous police presence and justifying new racially discriminatory practices like “hot spots policing” and “precision policing.” In doing so, the Article applies these process-oriented critiques to five substantive police reform proposals, exploring how this singular focus on procedural justice distinctly frustrates more necessary transformative reforms in the areas of discriminatory policing, police brutality, police accountability, legal reform, and police abolition

    COVID-19 pediatric vaccine authorization, FDA authority, and individual misperception of risk

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    Vaccines are one component to the public health strategies to alleviate the COVID-19 pandemic. Hesitancy regarding COVID-19 vaccines in the United States has been problematic, which is not surprising given increasing overall vaccine hesitancy in recent decades. Most vaccines are administered during childhood years. Consequently, understanding hesitancy toward administration of vaccines in this age group may provide insight into possible interventions to reduce vaccine hesitancy. The present study analyzed a subset of over 130,000 public comments posted in response to a notice of meeting of the vaccine advisory group to the Food and Drug Administration. The meeting addressed whether to recommend Emergency Use Authorization (‘EUA’) of the COVID-19 vaccine for children ages 5–11. The results of the study demonstrate that most comments opposed EUA and these comments were associated with statements that indicated misperceptions of risk. Findings provide interesting insights regarding the role of public comments generally but also suggest that the public participation process in notice and comment can be modified to serve as an intervention to align individual perceptions of risk more closely with evidence-based assessment of risk. In addition, the findings provide opportunities to consider strategies for public health messaging

    Who is a Corporation?

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    In recent years, there has been increasing pressure on corporate entities to engage in moral or ethical decision- making. Given the immense economic and political power of modern corporate entities, it becomes critical to determine the origin point of these ethical decisions, both to ensure that corporations are held responsible for their moral choices and to tether corporate moral decision-making power to the appropriate group, or groups, of human beings. Determining to whom corporate morality should be attributed is not an easy task, however, and requires consideration not just of the people involved in the corporation but also of the role the corporation plays within a representative democracy. Ultimately, inquiry into the attribution of a corporation’s moral judgments may best be seen as fluid and context-dependent. That is, it should examine both the way the corporation is structured and the importance of representation for the moral choices of corporate stakeholders

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