THE LAW FORUM JOURNAL: 2003-2008 Editions
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The Law Forum Journal is a scholarly publication designed to engage current and former students in legal research, promote leadership and teamwork, and develop critical thinking and writing skills.

Fall 2008
Volume 6

The Immediate Threat: Multiple Definitions of Exigency Create Conflicting Jurisprudence   [PDF File]

Ijeoma Nwawka, Author

Jan-Mitchell Zerrudo, Supervising Editor
Chieh Tung, Lead Editor
Michael A. Palzes and Channpreet Singh, Editors

Ijeoma delves into the Fourth Amendment issues surrounding the warrantless entry by police into a private residence.  As Ijeoma explains, officers can enter a home without a warrant to prevent an immediate threat to parties inside the home or in the vicinity.  Troubled by inconsistency in several past cases, Ijeoma offers a more comprehensive guideline for measuring such threats.

Global Warming and the Government: How Much Agency Deference is Due?   [PDF File]

Allen Haroutounian, Author

April Remigio, Supervising Editor
Lynly Lumibao, Lead Editor
Samantha Adhikari and Ijeoma Nwawka, Editors

Allen lays out the principles of constitutional separation of powers at play when an Executive agency is challenged for failure to promulgate rules related to its statutory area of expertise. He introduces the degree of deference courts offer to such an agency, illustrates the difference between arbitrary and reasonable agency actions, and applies this standard to the EPA’s controversial decision not to regulate greenhouse gas emissions from new motor vehicles.

A Call to Congress: Are the Courts Really Best Suited to “Reinvent” Antitrust Law?   [PDF File]

Elaine Yang, Author

Jan-Mitchell Zerrudo, Supervising Editor
Maria Garcia, Lead Editor
Arsen Andreasyan and Lori Chiu, Editors

Elaine examines the Supreme Court’s recent decision to break from a hundred-year-old precedent for deciding certain forms of antitrust cases.  In the past, the Court has held that the behavior in question was illegal without an extended economic analysis. Elaine is particularly troubled by the Court’s decision to change course without specific legislative guidance, and she provides a thoughtful solution under which Congress can step back into the process.

The Sophisticated Second Amendment: The Real Meaning Was There All Along   [PDF File]

Michael A. Palzes, Author

Allen Haroutounian, Supervising Editor
Alisha Kosareff, Lead Editor
Igor Bobic, Elyse Shimada and Spencer Wan, Editors

Michael dissects the Supreme Court’s long-awaited decision in Heller v. District of Columbia.  In Heller, the Court directly analyzed the meaning and scope of the Second Amendment’s protection for the right to ‘keep and bear arms’ for the first time in the Amendment’s history.  Michael carefully critiques both Justice Scalia’s majority opinion and Justice Stevens’ dissenting opinion, and then offers his own ‘middle ground’ as an alternative.

Guantanamo Bay: the Jurisdictional and Constitutional Challenges Facing Individuals Detained by the United States of Foreign Soil   [PDF File]

April Fae Remigio, Author

Elaine Yang, Supervising Editor
Lori Chiu, Lead Editor
Jason Gullet, Wattandeep Kingra and Hang Le, Editors

April explores the legal implications of the U.S. Government’s attempt to restrict the tribunals available to foreign nationals who have been detained at the naval base in Guantanamo Bay, Cuba.  She also discusses the delicate balance between national security and the constitutional guarantee of liberty, and offers valuable analysis that will translate well if foreign nationals are ever detained by the government in another remote location.

The Interpretation of Treaties: Spirit of the Supremacy Clause   [PDF File]

Hang Le, Author

Ladan Shelechi, Supervising Editor
Youstina Aziz, Lead Editor
Kiren Ahuja, Jalpa Shah and Andrew Vartanian, Editors

Hang introduces and then carefully scrutinizes the judicial history of treating some U.S. treaty obligations as “self-executing,” while treating others as “non-self-executing.”  In the process, she creatively contemplates how Justice Jackson’s long-respected analytical framework for illustrating the spirit of separated power can be adapted to bring the spirit of the Supremacy Clause into the treaty interpretation process as well.

Lethally Injected: What Constitutes Cruel and Unusual Punishment?   [PDF File]

Lori Chiu, Author

Kiren Ahuja, Supervising Editor
Spencer Wan, Lead Editor
Nicholas Plassaras, Editor

Lori takes on an extremely controversial area of constitutional law; she examines the recent Supreme Court decision allowing the state of Kentucky to continue with its challenged lethal injection process for capital executions.  As Lori explains, Kentucky’s three-drug protocol may pose the risk of extreme and unidentifiable pain during its implementation.  Lori provides a great deal of insight into the fractured Supreme Court opinion, parsing out what appears to be a fundamental difference between Chief Justice Roberts’ “realism” and Justice Ginsburg’s “idealism.”  She also advocates for involvement by state legislatures as well as medical experts when resolving future challenges to execution methods.

2008 UCI School of Social Sciences Commencement Address   [PDF File]

John Wie, Commencement Speaker

In his commencement address, John contemplates what it means to be a member of the recently-dubbed “Millenial” generation – the first generation to grow up in the ‘Internet age,’ thinking of itself as ‘global’ and viewing communications technology as a seamless part of everyday life.  John also reflects on the road ahead for the Millennials, noting the vulnerability of citizens living in the computer age.  Ultimately, he challenges the Millennials graduating from the School of Social Sciences to utilize their 21st Century knowledge, skills and wisdom in creative service of this new world.

Fall 2007
Volume 5

The Turner Standard: Balancing Constitutional Rights & Governmental Interests in Prison   [PDF File]

Emily Chiang, Author

Janessa McCune and April Remigio, Supervising Editors
Esthela Chavez and Amy Schroder, Lead Editors
Youstina Aziz, Kevin Chicas, Kevin Harrington and Ladan Shelechi, Editors

Emily presents the careful balancing test laid out by the Supreme Court many years ago in order to promote both the constitutional rights of prison inmates and the legitimate needs of prison administrators.  She then argues that the Court has strayed in its application of that balance in recent years, thereby unduly favoring administrative needs at the expense of individual rights.

A Mandate Without Means: Do Public Employees Enjoy First Amendment Protection?   [PDF File]

Jan-Mitchell Zerrudo, Author

Bhavik Patel, Supervising Editor
Richard Harrison, Lead Editor
Negin Iraninejadian and Brett Reid, Editors

Jan-Mitchell introduces a recent change in the Supreme Court’s approach to First Amendment protection for government employees, taking particular exception to the Court’s shift to a categorical exclusion of “job-related” speech, even when such speech touches upon matters of public concern.  He further argues that the move away from the prior, case-by-case balancing test will now deprive these public employees of constitutional protection from retaliation by their government employers.

How Much Is Too Much? Drawing the Line between Excessive and Reasonable Force   [PDF File]

Claudia Arias, Author

Bhavik Patel, Supervising Editor
Allen Haroutounian, Lead Editor
Jimmy Pak and Elaine Yang, Editors

Claudia points out the constitutional violations at issue when a young boy is detained by police while they execute a search warrant at his family home.  Through application of several case precedents, she then argues as to the need for redress in this case, even to the extent that the officers in question should be stripped of their qualified immunity from individual liability.

Gibson’s Trademark Conundrum: Confusion over Guitar Shapes, Initial Interest, and FRISCH Factors   [PDF File]

John Wie, Author

Scott Burt, Supervising Editor
Jan-Mitchell Zerrudo, Lead Editor
Emily Chiang and Shahrzad Radbod, Editors

In this recent trademark infringement case, John examines the value of a multi-factor test commonly used to identify the “likelihood for consumer confusion.”  He argues that, with one small exception, the district court employed the multi-factor test appropriately.  John’s concerns are elevated, though, when the appellate court reverses the ruling, basing its own analysis on only one of these relevant factors.

Is a Man's Home Really His Castle? The True Meaning of 'Consent'  [PDF File]

Kevin Harrington, Author

Scott Burt, Supervising Editor
Claudia Arias, Lead Editor
Alisha Kosareff and Brittany Schaub, Editors

Kevin demonstrates differing approaches previously taken by the courts when one occupant consents to the warrantless search of a premises and the other occupant objects.  In the process, he takes exception to the manner in which the Supreme Court recently resolved this issue, thereby ruling that the objecting occupant can block the search.  As Kevin argues, greater emphasis on the Court’s prior privacy jurisprudence could have led to a more practical result.

A Critique of Batson: Regulating the Jury System or Hindering its Intent?   [PDF File]

Pallavi Devaraj, Author

Janessa McCune, Supervising Editor
David Swanson, Lead Editor
April Remigio and Tanu Srivastava, Editors

Pallavi addresses criticism of the current method for rooting out racial discrimination in jury selection, known as the Batson test.  After careful examination of Batson’s application in recent cases, she concludes that the test itself is not perfect, but functions as well as can be expected.  She then explains why she believes Batson’s critics should be directing their challenge to the true root of the problem, which lies in subjective elements of the jury selection process itself.

Fall 2006
Volume 4

What Happened to Separation of Powers?  September 11th and Fundamental Change in the United States   [PDF File]
Katherine Santon, Author
Jennifer Weldy, Supervising Editor
Cliff Kuehn, Lead Editor
Janessa McCune and Leah Tudan, Editors

Katherine introduces the principles of constitutional separation of powers at play when a United States citizen is detained indefinitely in military custody by Presidential order.  She then explains why she views the application of these principles as a mandate to release the citizen involved, because the constitutional separation of powers must be respected, even during times of great national crisis such as the aftermath of the September 11, 2001 attack on this country and the ensuing War on Terror.

Analyzing WONG v. REGENTS OF THE UNIVERSITY OF CALIFORNIA   [PDF File]

Ali Tehrani, Author

Justin Goodwin, Supervising Editor
Sarah Platts, Lead Editor
Shahrzad Radbod and Torch Sathienmars, Editors

Ali introduces and then carefully scrutinizes the Supreme Court’s recent, narrow definition of a qualifying “disability” for purposes of protection under the federal Americans with Disabilities Act.  In the process, he explains why he believes a medical student with a learning disability was unfairly denied the opportunity to raise a potential claim under the Act.

A Basic Tool of Due Process: The Necessity of an Expert Witness   [PDF File]

Melissa Fulgencio, Author

Jennifer Weldy, Supervising Editor
Fatima Iqbal, Lead Editor
Jason Beamon and Esthela Chavez, Editors

Melissa delves into the issues of due process surrounding an indigent criminal defendant’s request for an independent psychiatric expert to assist in the preparation and presentation of his defense.  Through application of several case precedents, Melissa argues that the mere opportunity to cross-examine the State’s appointed expert cannot satisfy either the letter or the spirit of the law.

RAICH v. GONZALES: Ramifications on Future Commerce Clause Jurisprudence and Congressional Regulation   [PDF File]

Andrew Fan, Author

Nicholas You, Supervising Editor
Anne-Marie Dao, Lead Editor
Daniel Carpio and Julie Garboushian, Editors

Andrew examines the Supreme Court’s recent decision upholding the federal Control Substances Act, thereby effectively neutralizing the state of California’s efforts to legalize medical marijuana usage.  As Andrew explains, the decision has further muddied the waters in the Court’s often-changing approach to Commerce Clause cases.  He identifies several points of possible confusion for Congress and the lower courts as a result of this decision.

Legislating from the Bench: AYOTTE Ruling Sets Dangerous New Precedent   [PDF File]

Clare Lucich, Author

Justin Goodwin, Supervising Editor
Katherine Santon, Lead Editor
Eugene Kim and Ali Tehrani, Editors

Clare takes on one of the most controversial areas of constitutional law by examining a recent Supreme Court decision allowing for a “novel” form of remedy when an anti-abortion statute is found to be lacking the necessary health exception.  As Clare explains, sending the case back to the lower court to determine whether the law can be “interpreted” in a more constitutional manner pushes the boundaries of judicial authority.

Life After GROKSTER: Did the Supreme Court Fundamentally Redefine Copyright Law?   [PDF File]

Leah Tudan, Author

Nicholas You, Supervising Editor
Quynh Tonnu, Lead Editor
Andrew Fan and Melissa Fulgencio, Editors

Leah provides our final piece in a 3-year series on copyright law and “peer-to-peer” online file sharing.  Leah examines both the reasoning and the impact of the Supreme Court’s recent Grokster decision, which surprised many in the field by arguably redefining the legal standard for contributory copyright infringement.

Fall 2005
Volume 3

Tobacco, Taxes, and the First Amendment   [PDF File]

V. Torch Sathienmars, Author

Jennifer Weldy, Supervising Editor
Ryan Buschell, Lead Editor
Fatima Iqbal and Monica Maluste, Editors

Torch lays out the interplay between free speech and taxation law when the State of California, by voter initiative, begins taxing cigarettes in order to fund anti-smoking advertisements. He also explains why he hoped the court would have given more consideration to the Tobacco Industry’s novel, albeit complex, legal argument.

UNITED STATES v. BARAJAS-AVALOS: The Fourth Amendment and its Limitations   [PDF File]

Renee De Golier, Author

Justin Goodwin, Supervising Editor
Agnieszka Wyrembak, Lead Editor
Leah Tudan, Editor

Renee examines the application of Fourth Amendment protection against warrantless search and seizure – from private homes to open fields – and then applies these standards to a travel trailer parked at a farm. Although she ultimately concludes that the legal standard was correctly applied in the travel trailer case, she questions whether case precedent has evolved in a reasonable manner in this area.

Confounding Factors: Misuse of the Fraud on the Market Theory   [PDF File]

Andrew Tan, Author

Khoa Le, Supervising Editor
Alexander Kramer, Lead Editor
Jacqueline Koch and Linna Lee, Editors

Andrew also examines the evolution of case precedent – this time with regard to tension behind the "fraud on the market" economic theory adopted several years ago by the Supreme Court. Andrew suggests that this theory, originally employed by the Court in the stock market context, should not be applied in other contexts without careful examination of its underlying premises.

GOLIGHT, INC. v. WAL-MART STORES, INC. — Determination of "Obviousness" and the Effectiveness of the Graham Test   [PDF File]

Vasudev Bailey, Author

Macey Chan, Supervising Editor
Quynh Tonnu, Lead Editor
Disha Shah and Andrew Tan, Editors

Vasudev brings us the first of two intellectual property articles in this edition. Before heading on to pursue his Ph.D. in biomedical engineering, Vasudev took a particular interest in the judicially-created standard used to determine when certain inventions are too "obvious" for federal patent protection. Vasudev explains his concerns regarding the evolution of this legal doctrine.  He also points out the delicate balance between the necessary incentives for technological innovation and the dangerous side effects of government-sanctioned monopolies.

Steal this Intellectual Property: Appellate Courts Grapple with the Online File-Sharing Revolution   [PDF File]

Robert Khuu, Charlene Leus, Helen Sul & Long T. Tran, Contributing Authors

Nicholas You, Supervising Editor
Robert Khuu and Richard Nguyen, Lead Editors
Erin Boylan, Anne-Marie Dao, Ardem Jermakian and Candice Tong, Editors

Robert, Charlene, Helen and Long provide our second intellectual property article in this edition of the Journal. Their work has been compiled to provide a continuing look at copyright law and the growing popularity of "peer-to-peer" online file sharing. Moving beyond the discussion of "fair use" found in our last edition, these authors now examine the allocation of "secondary liability" to those who provide the tools used by copyright infringers. The primary focus of this article is a detailed examination of the relevant legal standards as applied to evolving forms of peer-to-peer file sharing technology. The authors also express concern that aggressive legal intervention in the form of secondary liability might compromise other important public policy interests.

Fall 2004
Volume 2

Squirm, Wriggle and Roll: Circumvention of Celebrity Right to Publicity  [PDF File]

Candice Tong, Author

Cyrus Ameri, Supervising Editor
Tanya Kiatkulpiboone, Lead Editor
Ashton Lawrence, Editor

Candice weighs the competing interests between free artistic expression and the celebrity right to control publicity. Disagreeing with the argument that a comic book artist borrowed two musicians' creative personas for purposes of valuable social commentary, she calls for refinement of the California Supreme Court's legal standard in this field.

Torture by Acquiescence: Immigration Policy and the Judicial Filter   [PDF File]

Maziyar Ahmadi-Kashani, Author

Macey Chan, Supervising Editor
Viral Mehta, Lead Editor
Cale Monson and Candice Tong, Editors

Maziyar demonstrates the manner in which U.S. immigration courts have ‘creatively’ interpreted the legislative text implementing the Convention Against Torture.  He argues that this form of judicial activism – even in the name of sound immigration policy – is wholly inappropriate.

For Better or Worse — 'Til Death Do Us Part  [PDF File]

Douglas Baek, Author

Jason Nall, Supervising Editor
Jennifer Reed Artim, Lead Editor
Paris Mowlavi, Editor

Douglas analyzes a state court decision judicially abrogating the doctrine of spousal immunity in civil tort litigation. He takes the position that even if the court had not exceeded its authority by changing time-honored common law in this manner, it missed an opportunity to consider refinements to the doctrine that may have been better, in the long run, for protecting the institution of marriage.

Copyright vs. Napster: The File Sharing Revolution  [PDF File]

Jessica Hu, Charlene Leus, Barbara Tchobanian & Long T. Tran, Contributing Authors

Macey Chan and Khoa Le, Supervising Editors
Candice Tong, Lead Editor
Erin Boylan, Robert Khuu and Alexander Kramer, Editors

Jessica, Charlene, Barbara and Long share their insight on business, history and sociology while examining one of the most highly publicized intellectual property cases of the information age. These four authors describe the music recording industry and the Napster peer-to-peer online file sharing system, lay out the basics of copyright law and the "fair use" defense, and after applying their unique perspectives on the case, conclude that the courts may have been too hasty in labeling Napster users as copyright infringers.

Satisfying the Judicial Gatekeeper: The Reliability of Expert Testimony  [PDF File]

Star Lopez, Author

Khoa Le, Supervising Editor
Don Marc Dimaranan, Lead Editor
Frank Gaulden and Monica Maluste, Editors

Star brings the legal requirements for admitting scientific evidence to life by sharing the fruits of her year-long research in this complicated field. Star interviewed numerous university faculty members and attorneys about their experience before the courts, and she presents a variety of thought-provoking anecdotes, areas for concern and proposals for legal reform.

2004 UCI School of Social Sciences Commencement Address  [PDF File]

Cyrus Ameri, Commencement Speaker

In his 2004 commencement address, Cyrus reflects on the tools obtained through a Social Sciences education and the challenges that await in an increasingly globalized society.

Fall 2003
Volume 1

A Modern Interpretation of the Second Amendment   [PDF File]

Nausheen Kazalbasch, Author

Cyrus Ameri, Lead Editor

Nausheen examines two circuit court opinions that reach opposite conclusions on the issue of whether the Second Amendment confers on individuals a right to bear arms. Finding the historical analysis of both courts lacking, she argues for a new approach to deciding this important issue.

The “Candy Cane” Case: Implications of the First Amendment in Public Schools   [PDF File]

Rozanna Geylikman, Author

Jackie Woo, Lead Editor
Tanya Kiatkulpiboone, Editor

Rozanna analyzes a case in which high school students were punished for distributing candy canes on campus that had religious messages attached. She argues, applying a famous trilogy of Supreme Court cases, that the school violated the students’ First Amendment rights by punishing constitutionally protected speech.

The Pledge of Allegiance: “Under God” is Under Scrutiny   [PDF File]

Arsineh Arakel, Author

Brian Bolland and Jason Nall, Lead Editors

Arsineh examines the constitutionality of the phrase "one nation under God" in the Pledge of Allegiance when the pledge is recited by public school children. She argues that the Ninth Circuit Court of Appeals was correct in stating that the school cannot mandate formal recitation of the phrase without violating the Establishment Clause. 

Applying the RICHMOND Test: Closed Deportation Hearings and the First Amendment   [PDF File]

Lily Chang, Author

Ardalan Zamani-Sam, Lead Editor

Lily examines two conflicting circuit court opinions on whether the federal government can close to the public the deportation hearings of individuals suspected of terrorist-related activities in the wake of the September 11 attacks. After analyzing these two opinions in detail, she proposes a new legal standard to evaluate these highly sensitive cases.