Volume 88, Number 5 (July, 2015)
Article by Pamela Metzger & Andrew Guthrie Ferguson
88 S. Cal. L. Rev. 1057 Defending Data proposes a data-driven, systems-based approach to improving public defense in America. Public defenders represent millions of defendants every year. Yet public defense remains a largely data-less enterprise, a black box of discretionary decisions disconnected from any systemic analysis about the relationship between defender practices and case outcomes. Defending Data adopts a novel approach to the crisis of public defense. Building off of the successful...
Narratives of Cultural Collision and Racial Oppression: How to Reconcile Theories of a Cultural Defense and Rotten Social Background Defense to Best Serve Criminal Defendants
Note by Sierra Villaran
88 S. Cal. L. Rev. 1239 “Once upon a time, not so long ago, culture, in the lower case, was primarily an anthropological preoccupation. Not any more. It is hardly news that peoples across the planet have taken to invoking it, to signifying themselves with reference to it, to investing it with an authority, a determinacy, a superorganic unity of which even the most conservative anthropologist would be wary. Culture, now capitalized in both senses of the term, has come to provide the language,...
To Plead or Not to Plead: Whether to Bring a Reverse Passing Off Claim in the Post Dastar Era of Lanham Act § 43(A) Litigation
Note by Diana Wade
88 S. Cal. L. Rev.1269 Your client, CreativeSoft, produces CreativeDesign, a computer program that creates cards and brochures. In the 1990s, CreativeSoft sold the program on CD-ROMs. To keep up with the market, CreativeSoft now sells CreativeDesign2.0 only as a downloadable file from its website. CreativeSoft has come to your firm because MockSoft is selling CreativeDesign2.0 as its own product. This reminds you of the Lanham Act § 43(a)(1)(A) “reverse passing off” (“RPO”) claim you broug...
Using California State Anti-Discrimination Law to Combat the Overuse of School Suspensions
Note by Allison Fisher
88 S. Cal. L. Rev. 1197 The use of harsh, punitive disciplinary measures has become pervasive in our elementary and secondary schools. Many believe these “zero tolerance” educational policies, in which students are suspended or expelled from school for minor violations, are having disastrous effects on students across the country and are responsible for pushing many students out of school and into the hands of the juvenile justice system. Minority students, especially African Americans, have...
Article by Paul Ohm
88 S. Cal. L. Rev. 1125 Almost every information privacy law provides special protection for certain categories of “sensitive information,” such as health, sex, or financial information. Even though this approach is widespread, the concept of sensitive information is woefully undertheorized. What is it about these categories that deserves special protection? This Article offers an extended examination of this question. It surveys dozens of laws and regulations to develop a multi-factor test f...
"Fair, Reasonable, and Adequate" According to Who? Cy Pres Distributions That Result in Cheap Settlements and Generous Attorney Fees, but No Financial Benefit to Class Members
Postscript (Response) by Linda Sandstrom Simard
88 S. Cal. L. Rev. Postscript 55 In her recent article, Professor Rhonda Wasserman argues that class action settlements that distribute funds cy pres raise a very serious risk of prejudice to absent class members. The problem, she asserts, is the temptation for class counsel to sell out the interests of absent class members in exchange for a discounted settlement for the defendant and a generous fee for class counsel. To illustrate her concern, she cites the $9.5 million settlement in Lane v....
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