University of Southern California

Volume 88, Number 4 (May, 2015)

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    Is California Committed?: Why California Should Take Action to Address the Shortcomings of its Assisted Outpatient Commitment Statute
    Note by Andrea Reynoso

    88 S. Cal. L. Rev. 1021 The history of the treatment of mental illness in the United States is anything but simple. While both social and scientific understanding of mental illness have developed tremendously in recent decades,1 there remain significant barriers to implementing effective treatment and rehabilitation programs for people with mental illness. Inherent in this intersection of law and mental health is the delicate balance between preserving liberty and autonomy interests on the on...

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    From Jitneys to App-Based Ridesharing: California's "Third Way" Approach to Ride-For-Hire Regulation
    Note by Ravi Mahesh

    88 S. Cal. L. Rev. 965 A new breed of “app-based” ride-for-hire providers has caused a stir in California, helped rewrite the state’s rules governing ridesharing, and stoked tensions among taxicab drivers, state and local regulators, and the technology companies behind the new apps. UberX, Lyft, and Sidecar are among the most well-known of the new app-based rideshare services, which allow customers to hail a ride using smartphone applications by connecting them with drivers who also use the a...

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    Runaway Preemption: The Reckless Doctrine of Pliva and Mutual Pharmaceutical
    Note by Michael E. Bowlus

    88 S. Cal. L. Rev. 913 In March 2014, Gordon Johnston issued an urgent warning to members of Congress: the Food and Drug Administration was “[d]isregarding decades of regulatory stability” by proposing a new regulation that “raises patient safety concerns and threatens the system that created thousands of affordable options for consumers.” Johnston, himself a former deputy director at the FDA, was joined at a press briefing by economist Alex Brill, who estimated that the proposed regulation,...

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    Article by Joshua A. T. Fairfield

    88 S. Cal. L. Rev. 805 Property is the law of lists and ledgers. County land records, stock certificate entries, mortgage registries, Uniform Commercial Code filings on personal property, copyright and patent registries of interests in intellectual property, bank accounts, domain name systems, and consumers’ Kindle e-book collections in the cloud are all merely entries in a list, determining who owns what. Each such list has suffered a traditional limitation. To prevent falsification or du...

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    The Stamp Act and the Political Origins of American Legal and Economic Institutions
    Article by Justin DuRivage & Claire Priest

    88 S. Cal. L. Rev. 875 The American colonial protest against Parliament’s Stamp Act was a landmark event in the history of the Founding Era, propelling the colonies toward independence. To date, scholars have focused on colonists’ constitutional objections to the Stamp Act. Yet, the Stamp Act taxed legal and institutional services and, as this Article describes, the opposition to the Stamp Act also focused on defending low-cost institutions that served local communities. It examines the argum...


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