Print Archive - UCLA Law Review

Volume 71

Issue 1January 2024: 2-234

Demand for Compensation and Call for Solidarity by UCLA Law Review Volume 71
The Consequences of Mythology: Supreme Court Decisionmaking in Indian Country by M. Alexander Pearl
The Legal Foundations of Extractive Power by Wyatt G. Sassman
The Civilization Canon by José Argueta Funes
Women’s Suffrage, Black Suffrage, and Lessons for Today by Nathan Siegel

Issue 2April 2024: 236-480

Standing on Our Own Two Feet: Disability Justice as a Frame for Reimagining Our Ableist Immigration System by Nermeen Arastu & Qudsiya Naqui
Punishing Gender by Erin Collins
Death by Withdrawal by Taleed El-Sabawi
“Loathsome and Dangerous”: Time to Remove Syphilis and Gonorrhea as Grounds for Inadmissibility by Steffi Colao

Issue 3July 2024: 478-725

Mass Surveillance as Racialized Control by Prithika Balakrishnan
Redefining Progress: The Case for Diversity in Innovation and Inventing by Colleen Chien
From Redlining to Greenlining by Danielle Stokes
Presuming Disparate Treatment: A Solution to Title VII’s Doctrinal Puzzle of Accent Discrimination by Brandon Dimapasoc

Issue 4September 2024: 726-1042

Silencing the Sex Worker by Yvette Butler
Corporate Law as Decolonization by Martin W. Sybblis
Art After Warhol by Xiyin Tang
First Amendment Protections for Detained Organizers by Joshua Z. Behrens
Familial Association Under Siege: The Implications of United States v. Magdaleno on the Black Community by Kamilah Mims

Volume 70

Issue 1June 2023: pp. 1-308

The Master's Tools and a Mission: Using Community Control and Oversight Laws to Resist and Abolish Police Surveillance Technologies by Vincent M. Southerland
Discrimination by Algorithm: Employer Accountability for Biased Customer Reviews by Keith Cunningham-Parmeter
Death in a Pandemic: Funeral Practices and Industry Disruption by Natalie Banta Lynner
Countering Epistemic Injustice in the Law: Centering an Indigenous Relationship Toward Land by Erin Shields
Continuing Post-Brown Retrenchment: The Chilling Effect of PICS on a School District Seeking to Combat Rapid Resegregation by Charlotte R. Krovoza

Issue 2August 2023: 309-634

The International Commitments of the Fifty States by Ryan M. Scoville
Preemption By Procurement by Scott L. Cummings and Madeline Janis
Police Brutality as Torture by Nadia Banteka
Restorative Justice for Indigenous Culture by Trevor Reed
Awarding Racial Segregation: The Low-Income Housing Tax Credit as a New Racially Restrictive Covenant by Jessica Xu

Issue 3September 2023: 635-907

Transitions in Sex Reclassification Law by Ido Katri
Unexceptional Protest by Amber Baylor
Including Disabled People in the Battle to Protect Abortion Rights: A Call-to-Action by Robyn M. Powell
Citizenship, Self-Determination, and Cultural Preservation in American Samoa by Amy McMeeking

Issue 4October 2023: 908-1118

Federalizing Caremark by Carliss Chatman and Tammi S. Etheridge
Public Defenders as Gatekeepers of Freedom by Alma Magaña
Warrantying Health Equity by Heather Payne & Jennifer D. Oliva
Captive Without Counsel: The Erosion of Attorney-Client Privilege for Incarcerated Individuals by Isabelle M. Geczy

Issue 5November 2023: 1119-1329

Abolish Gang Statutes With the Power of the Thirteenth Amendment: Reparations for the People by Fareed Nassor Hayat
Free Speech Versus the First Amendment by Jack M. Balkin
Expedited Expungement and Its Limits: AB 2147 as a Peak of Progress by Bradan Litzinger

Volume 69

Issue 1July 2022: pp. 1-440

Strict Scrutiny & The Black Body by Devon W. Carbado
Grassroots Movement Lawyering: Insights From the George Floyd Rebellion by Veryl Pow
The Place of the Prosecutor in Abolitionist Praxis by Cynthia Godsoe
Blockchain Initiatives for Tax Administration by Young Ran (Christine) Kim
Policing the Body Politic by Maya Chaudhuri
Mass Arbitration: How the Newest Frontier of Mandatory Arbitration Jurisprudence has Created a Brand New Private Enforcement Regime in the Gig Economy Era by Cheryl Wilson

Issue 2August 2022: pp. 441-673

The Right to Counsel in a Neoliberal Age by Zohra Ahmed
Precautionary Ratemaking by Jonas J. Monast
The War Against Asian Sailors and Fishers by Gabriel J. Chin & Sam Chew Chin
Race-Conscious Independent Redistricting Commissions: Protecting Racial Minorities’ Political Power Through Rules-Based Map Drawing by Ronak Patel

Issue 3November 2022: pp. 674-927

Breach by Violence: The Forgotten History of Sharecropper Litigation in the Post-Slavery South by Brittany Farr
The Anti-Parent Juvenile Court by Barbara Fedders
Embedded Healthcare Policing by Sunita Patel
Deadly Desires: The Juridical Birth of Queer Humanism Amidst Slavery’s Afterlife by Charlie Pollard-Durodola

Issue 4December 2022: pp. 928-1128

The Miseducation Of Carceral Reform by Fanna Gamal
Unfit to Print: Government Speech and the First Amendment by Seana Valentine Shiffrin
Questioning Questions in the Law of Democracy: What the Debate Over Voter ID Laws’ Effects Teaches About Asking the Right Questions by Emily Rong Zhang
Tribal Sovereignty, Decolonization, and Abolition: Why Tribes Should Reconsider Punishment by Grace L. Carson

Issue 5February 2023: pp. 1130-1380

The Gender of Gideon by Kathryn A. Sabbeth and Jessica K. Steinberg
Race, Racism, and Police Use of Force in 21st Century Criminology: An Empirical Examination by Osagie K. Obasogie and Peyton Provenzano
The Path to Municipal Liability for Racially Discriminatory Policing by Sarah Mikva Pfander
Municipal Fair Housing Act Litigation and Reparations by Allison Roy Kawachi

Issue 6September 2023: pp. 1382-1831

Introduction to the Volume 69 Symposium
Black Lives Monitored by Chaz Arnett
Say Their Names, Support Their Killers: Police Reform After the 2020 Black Lives Matter Uprisings by Naomi Murakawa
Freedom by Bryonn Bain
Abolitionist Aesthetics and the Abolitionist Movement: Los Angeles Grassroots Organizations and the Aesthetic Foundations of Real-Time Abolition by Patrisse Cullors & alexandre ali reza dorriz
Abolition and Environmental Justice by Allegra McLeod
The Racialized History of Vice Policing by I. India Thusi
An Abolitionist Critique of Quality-of-Life Policing by Jamelia N. Morgan
Building a World Without Police by Sandy Hudson
Loser by Heather Imperiale
A Mother's Crown by Lindsay A. Reilly
To Democratize Algorithms by Ngozi Okidegbe
Democratizing Abolition by Brandon Hasbrouck
The Art of Abolition: Interview with Angela Davis by Bryonn Bain

Volume 68

Issue 1May 2021: pp. 1-362

National Security Lawyering in the Post-War Era: Can Law Constrain Power? by Oona A. Hathaway
Abandoning Presidential Administration: A Civic Governance Agenda to Promote Democratic Equality and Guard Against Creeping Authoritarianism by Blake Emerson & Jon D. Michaels
Children in Custody: A Study of Detained Migrant Children in the United States by Emily Ryo & Reed Humphrey
Privacy Asymmetries: Access to Data in Criminal Defense Investigations by Rebecca Wexler
Cages and Compensatory Damages: Suing the Federal Government for Intentional Infliction of Emotional Distress by Brendan Joseph Pratt
The Absent Black Father: Race, The Welfare-Child Support System, and the Cyclical Nature of Fatherlessness by Omarr K. Rambert

Issue 2August 2021: pp. 364-565

From Academic Freedom to Cancel Culture: Silencing Black Women in the Legal Academy by Renee Nicole Allen
Children as Bargaining Chips by Clare Ryan
Business Secrecy Expansion and FOIA by Deepa Varadarajan
Alaska Native Hunting and Fishing Rights in a Changing Climate: Katie John, Sturgeon, and a Path Forward by Tom Callahan

Issue 3October 2021: pp. 566-909

Stealing Education by LaToya Baldwin Clark
Race as Unintellectual by Asad Rahim
The Gender Panopticon: AI, Gender, and Design Justice by Sonia K. Katyal and Jessica Y. Jung
Choosing Life Over Liberty and Property: Environmental Justice in a World Ravaged by Climate Change by Christopher Afgani
“Obvious Injustice” and Qualified Immunity: The Legacy of Hope v. Pelzer by Benjamin S. Levine

Issue 4December 2021: pp. 910-1183

Bail Reform and the (False) Racial Promise of Algorithmic Risk Assessment by Sean Allan Hill II
State Constitutions and Summary Judgment by Marcus Gadson
The End of Deportation by Angélica Cházaro
“Settling” Brown’s Promise: Seeking More Equal Access to Quality Education Through Settlement by Rachel Dow

Issue 5January 2022: pp. 1184-1508

Platforms as Blackacres by Thomas E. Kadri
ALI Data Privacy: Overview and Black Letter Text by Daniel J. Solove & Paul M. Schwartz
The Tragedy of Democratic Constitutionalism by Amanda Shanor
The State’s Kuleana: Deconstructing the Permitting Process for the Thirty-Meter Telescope and Finding Restoration Through Systemic Validation of Native Hawaiian Rights by Ming Tanigawa-Lau
Senate Bill 54 (2017): California Versus the Law Enforcement Lobby by Christopher A. Galeano

Issue 6April 2022: pp. 1510-1729

Deploying Death by Khiara M. Bridges
Reforms for Radicals? An Abolitionist Framework by Marbre Stahly-Butts & Amna A. Akbar
No Runs, Few Hits, and Many Errors: Street Stops, Bias, and Proactive Policing by Jeffrey Fagan
Rewriting Whren v. United States by Devon W. Carbado & Jonathan Feingold
This Is Not A Drill: The War Against Antiracist Teaching in America by Kimberlé Williams Crenshaw

Volume 67

Issue 1April 2020; pp. 1-314

Abortion Regulation as Compelled SpeechArticle by Laura Portuondo
Decarbonization in Democracy by Shelley Welton
Derivable WorksArticle by Joseph Fishman
Big Data Prosecution and BradyArticle by Andrew Ferguson
#MeToo's Unseen Frontier: Law Enforcement Sexual Misconduct and the Fourth Amendment Response by Jonathan Ostrowsky

Issue 2May 2020; pp. 315-518

Racist Stereotype Threat in Civil Rights Law by Kim Shayo Buchanan and Phillip Atiba Goff
Antitrust as Allocator of Coordination Rights by Sanjukta Paul
Class Actions as a Check on LAPD: What Has Worked and What Has Not by Brittnee Bui
Voter Identification and the Forgotten Civil Rights Amendment: Why the Court Should Revive the Twenty-Fourth Amendment by Vanessa Wright

Issue 3July 2020; pp. 520-755

The Law & Politics of Cyberattack Attribution by Kristen E. Eichensehr
The Hollowed Out Common LawArticle by Florencia Marotta-Wurgler & Samuel Issacharoff
Codification and the Hidden Work of CongressArticle by Jarrod Shobe
"Sociological Gobbledygook”: Gill v. Whitford, Wal-Mart v. Dukes, and the Court’s Selective Distrust of “Soft Science" by Kyle Reinhard

Issue 4October 2020; pp. 758-1105

The Civil Rights of Health: A New Approach to Challenging Structural InequalityArticle by Angela P. Harris and Aysha Pamukcu
How Not to Lie About Affirmative ActionArticle by Sherod Thaxton
“You Write in Cursive, I Write in Graffiti”: How #BlackLivesMatter Reorients Social Movement Legal Theory by Sean Flores
“Blurred Lines” to “Stairway to Heaven”: Applicability of Selection and Arrangement Infringement Actions in Musical Compositions by Emily Ranger-Murdock

Issue 5January 2020; pp. 1106-1383

Abolishing Racist Policing With the Thirteenth Amendment by Brandon Hasbrouck
Supremacy, Inc.! by David Rubenstein
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias by Cynthia Willis-Esqueda, Ph.D.
The Last Resort: Tourism Development on Garífuna Territories in Honduras Through the Lens of Structural-Dynamic Intersectionality by Astghik Hairapetian
Human Rights on the Border: A Critical Race Analysis of Hernandez v. Mesa by Marc E. Jácome
The (Un)Holy Shield: Rethinking the Ministerial Exception by Jeremy Weese

Issue 6April 2021; pp. 1386-1895

Race and Empire: Legal Theory Within, Through, and Across National Borders by E. Tendayi Achiume & Aslı Bâli
Critical Race Theory Meets Third World Approaches to International Law by E. Tendayi Achiume & Devon W. Carbado
Slavery Is Not a Metaphor: U.S. Prison Labor and Racial Subordination Through the Lens of the ILO’s Abolition of Forced Labor Convention by Adelle Blackett with Alice Duquesnoy
A Prolegomenon to the Study of Racial Ideology in the Era of International Human Rights by Justin Desautels-Stein
Deploying Race, Employing Force: ‘African Mercenaries’ and the 2011 NATO Intervention in Libya by Katherine Fallah & Ntina Tzouvala
Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each Other by James Thuo Gathii
“Unwhitening the World”: Rethinking Race and International Law by Christopher Gevers
Genres of Universalism: Reading Race Into International Law, With Help From Sylvia Wynter by Darryl Li
Unsettling the Border by Sherally Munshi
An Un-American Story of the American Empire: Small Places, From the Mississippi to the Indian Ocean by Vasuki Nesiah
Keynote Speech, UCLA Law Review Symposium 2020: Law and Empire in the American Century by Aziz Rana
Emergency and Migration, Race and the Nation by John Reynolds
The Destabilizing Effect of Terrorism in the International Human Rights Regime by Wadie E. Said
Racial Valuation of Diseases by Matiangai Sirleaf
Race as a Technology of Global Economic Governance by Chantal Thomas

Volume 66

Issue 1January 2019; pp. 1–343

Everything Is ObviousArticle by Ryan Abbott
Private Accountability in the Age of Artificial IntelligenceArticle by Sonia K. Katyal
Invoking Federal Common Law Defenses in Immigration CasesArticle by Fatma E. Marouf
Open Records, Shuttered Labs: Ending Political Harassment of Public University ResearchersArticle by Claudia Polsky
Initial Coin Offerings: Emerging Technology’s Fundraising InnovationComment by Nareg Essaghoolian

Issue 2April 2019; pp. 345-631

Statutory Interpretation as 'Interbranch Dialogue'?Article by James J. Brudney & Ethan J. Leib
Copyright Enforcement in the Digital Age: When the Remedy is the WrongArticle by Ben Depoorter
Monopolizing Trade: Airline Ticket Change Policies and the Thwarted Secondary MarketArticle by Stefan Caris Love
Bakke at 40: Remedying Black Health Disparities Through Affirmative Action in Medical School AdmissionsArticle by Jennifer Jones
Sixth Amendment Sentencing After HurstArticle by Carissa Byrne Hessick & William W. Berry III

Issue 3May 2019; pp. 634 - 859

Second Thoughts on “One Last Chance”?Article by Richard M. Re
Substance, Procedure, and the Rules Enabling ActArticle by A. Benjamin Spencer
The School Civil Rights VacuumArticle by Emily Suski
Biometric Passwords and the Fifth Amendment: How Technology Has Outgrown the Right to Be Free From Self-IncriminationComment by Adam Herrera
No More Hieleras: Doe v. Kelly’s Fight for Constitutional Rights at the BorderComment by Mitzi Marquez-Avila

Issue 4July 2019; pp. 862 - 1076

The Venue Shuffle: Forum Selection Clauses and ERISAArticle by Christine P. Bartholomew & James A. Wooten
Autonomy in the FamilyArticle by Courtney G. Joslin
Regulating Bot SpeechArticle by Madeline Lamo & Ryan Calo
Sanctuary Campuses: The University’s Role in Protecting Undocumented Students From Changing Immigration PoliciesComment by Kristen Green

Issue 5December 2019; pp. 1078 - 1328

Aspiring Americans Thrown Out in the Cold: The Discriminatory Use of False Testimony Allegations to Deny Naturalization by Nermeen Saba Arastu
The Properties of Integration: Mixed-Income Housing as Discrimination Management by Audrey G. McFarlane
Shoveling a Path After Star Athletica by Rebecca Tushnet
Start With Trust: Utilizing Blockchain to Resolve the Third-Party Data Breach Problem by Phillip Shaverdian
Equitable Resettlement for Climate Change–Displaced Communities in the United States by Sunjana Supekar

Issue 6December 2019; 1329 - 2074

Immigration Federalism in the Weeds by Jennifer M. Chacón
Death by Stereotype: Race, Ethnicity, and California’s Failure to Implement Furman’s Narrowing Requirement by Catherine M. Grosso, Jeffrey Fagan, Michael Laurence, David Baldus (deceased), George Woodworth, & Richard Newell
Trump’s Latinx Repatriation by Kevin R. Johnson
Race, Intellectual Disability, and Death: An Empirical Inquiry Into Invidious Influences on Atkins Determinations by Sheri Lynn Johnson, John H. Blume, Amelia Courtney Hritz, & Caisa Elizabeth Royer
Growing Up in Authoritarian 1950s East LA by Gerald P. López
Were Mexican American Communities Safer Than Others? Some Surprising Findings From San Antonio, 1960–1980 by Ramiro Martinez, Jr. & Keller Sheppard
Prison Row: A Topographical History of Carcerality in California by Julia A. Mendoza
Bordering Circuitry: Crossjurisdictional Immigration Surveillance by Ana Muñiz
Latinx Defendants, False Convictions, and the Difficult Road to Exoneration by Barbara O’Brien, Klara Stephens, Maurice Possley, & Catherine M. Grosso
Sentencing the “Other”: Punishment of Latinx Defendants by Jeffery T. Ulmer & Kaitlyn Konefal
Capital Punishment, Latinos, and the United States Legal System: Doing Justice or an Illusion of Justice, Legitimated Oppression, and Reinforcement of Structural Hierarchies by Martin Guevara Urbina & Ilse Aglaé Peña
The Direct and Indirect Effects of Immigration Enforcement on Latino Political Engagement by Hannah Walker, Marcel Roman, & Matt Barreto
Justice Dhanidina’s Remarks by Halim Dhanidina
Recognizing Judge Tashima by Candice Yokomizo
Conference in Honor of Judge A. Wallace Tashima: Introduction by Jacqueline H. Nguyen
Preemption as a Tool of Misclassification by Scott L. Cummings & Emma Curran Donnelly Hulse
Transcending Time and Place: Judge A. Wallace Tashima and the Liberation of LGBT Identity by Kaiponanea T. Matsumura
Health Care’s Market Bureaucracy by Allison K. Hoffman
How Much Electoral Participation Does Democracy Require? The Case for Minimum Turnout Requirements in Candidate Elections by Ihaab Syed

Volume 65

Issue 1February 2018; pp. 1–323

The Excessive Fines Clause: Challenging the Modern Debtors’ PrisonArticle by Beth A. Colgan
How To Lose A Constitutional DemocracyArticle by Aziz Huq & Tom Ginsburg
Standing, Litigable Interests, and Article III’s Case-or-Controversy RequirementArticle by James E. Pfander
Making Innovation More Competitive: The Case of FintechArticle by Rory Van Loo
The Applicability of the Federal Rules of Evidence at Class CertificationComment by Libby Jelinek

Issue 2March 2018; pp. 324-530

Distributive Justice and Donative IntentArticle by Alexander A. Boni-Saenz
Deal MomentumArticle by Cathy Hwang
Section 1 of the Thirteenth Amendment and the Badges and Incidents of SlaveryArticle by James Gray Pope
Partners Are Individuals: Applying Title VII to Female Partners in Large Law FirmsComment by Thomas F. Cochrane

Issue 3April 2018; pp. 532-807

Leak-Driven LawArticle by Shu-Yi Oei & Diane Ring
Privatizing CybersecurityArticle by Nathan Alexander Sales
The Rugged Individual’s Guide to the Fourth Amendment: How the Court’s Idealized Citizen Shapes, Influences, and Excludes the Exercise of Constitutional RightsArticle by Scott E. Sundby
Antitrust and the NCAA: Sexual Equality in Collegiate Athletics as a Procompetitive Justification for NCAA Compensation RestrictionsComment by Nathan Boninger

Issue 4June 2018; pp. 808-1035

Rethinking the Nonprecedential OpinionArticle by Elizabeth Earle Beske
Disability, Discipline, and Illusory Student RightsArticle by Claire Raj
Keeping Consumers Out of the Crossfire: Final-Offer Arbitration in the Pharmaceutical MarketComment by Eric Lamm
Remote Killing and the Fourth Amendment: Updating Constitutional Law to Address Expanded Police Lethality in the Robotic AgeComment by Thomas Wanebo

Issue 5July 2018; pp. 1036-1390

The Clean Air Act’s Blind Spot: Microclimates and Hotspot PollutionArticle by Ann E. Carlson
Behavioral Class Action LawArticle by Alex A. Parkinson
One-Strike 2.0: How Local Governments Are Distorting a Flawed Federal Eviction LawArticle by Kathryn V. Ramsey
IP Preparedness for Outbreak DiseasesArticle by Ana Santos Rutschman
The Central Assumptions of Patent Law: A Response to Ana Santos Rutschman’s IP Preparedness for Outbreak DiseasesArticle by Doug Lichtman
No Mere Acquittal: Pimentel-Lopez and the Use of Declarations of Innocence to Clarify SentencingComment by Brianne Holland-Stergar
Black Twice: Policing Black Muslim IdentitiesComment by Emmanuel Mauleón

Issue 6September 2018; pp. 1391-1751

The Safeguards of Our Constitutional Republic: An IntroductionArticle by Jon D. Michaels
From Doctrine to Safeguards in American Constitutional DemocracyArticle by Mariano-Florentino Cuéllar
How Constitutional Norms Break DownArticle by Josh Chafetz & David E. Pozen
The Constitution of Our Tribal RepublicArticle by Seth Davis
Unbundling PopulismArticle by David Fontana
Legal or Political Checks on Apex Criminality: An Essay on Constitutional DesignArticle by Aziz Z. Huq
Accountability in the Deep StateArticle by Heidi Kitrosser
(Re)Constructing Democracy in CrisisArticle by K. Sabeel Rahman
America's Conscience: The Rise of Civil Society Groups Under President TrumpArticle by Matthew R. Segal
A Hiatus in Soft-Power Administrative Law: The Case of Medicaid Eligibility WaiversArticle by David A. Super
Administrative Law Without CourtsArticle by Christopher J. Walker
California, Climate, and Dormant Foreign Affairs Preemption (Again)Comment by Jessie A. Cammack
“Where There Is a Right (Against Excessive Force), There Is Also a Remedy”: Redress for Police Violence Under the Equal Protection ClauseComment by Arturo Peña Miranda

Volume 64

Issue 1January 2017; pp. 1–280

Unlawful Assembly as Social ControlArticle by John Inazu
The Free Exercise of Religious IdentityArticle by Lauren Sudeall Lucas
Reassessing the Distinction Between Corporate and Securities LawArticle by James J. Park
Obergefell v. Hodges: Kinship Formation, Interest Convergence, and the Future of LGBTQ RightsComment by Neo Khuu
Beyond PREA: An Interdisciplinary Framework for Evaluating Sexual Violence in PrisonsComment by Michele C. Nielsen

Issue 2February 2017; pp. 282–547

Reverse PassingArticle by Khaled A. Beydoun & Erika K. Wilson
When a Promise Is Not a Promise: Chicago-Style PensionsArticle by Amy B. Monahan
Regulating Gun RentalsArticle by Ira P. Robbins
Can a Tailor Mend the Analytical Hole? A Framework for Understanding Corporate Constitutional RightsComment by Ryan Azad
Exiting Solitary Confinement: A Survey of State Correctional PoliciesComment by Michelle Ghafar

Issue 3May 2017; pp. 550–842

Contagion Without Relief: Democratic Experimentalism and Regulating the Use of Antibiotics in Food-Producing AnimalsArticle by Emilie Aguirre
Too Big to Disclose: Firm Size and Materiality Blindspots in Securities RegulationArticle by George S. Georgiev
The Stream Of Violence: A New Approach to Domestic Violence Personal JurisdictionArticle by Cody J. Jacobs
Rethinking Misdemeanor NeglectArticle by Irene Oritseweyinmi Joe
Thirty Years After Al-Khazraji: Revisiting Employment Discrimination Under Section 1981Comment by Sarah Khanghahi

Issue 4June 2017; pp. 844–1079

License to Uber: Using Administrative Law to Fix Occupational LicensingArticle by John Blevins
Taking Back Juvenile ConfessionsArticle by Kevin Lapp
Conjugal LiabilityArticle by Sarah L. Swan
Adapting Fair Use to Reflect Social Media Norms: A Joint ProposalComment by Lauren Levinson

Issue 5August 2017; pp. 1082–1371

Melville B. Nimmer Memorial Lecture: Fair Use by DesignArticle by Niva Elkin-Koren
Copyright's Framing ProblemArticle by Margot E. Kaminski & Guy A. Rub
The Constitution of Police ViolenceArticle by Alice Ristroph
The Golden Leash and the Fiduciary Duty Of LoyaltyArticle by Gregory H. Shill
Westernized Women? The Construction of Muslim Women's Dissent in U.S. Asylum LawComment by Taylor Markey
Retaliatory Arrests and the First Amendment: The Chilling Effects of Hartman v. Moore on the Freedom of Speech in the Age of Civilian VigilanceComment by Linda Zhang

Issue 6December 2017; pp. 1374–1827

Inner-City Anti-Poverty CampaignsArticle by Anthony V. Alfieri
Movement Lawyers in the Fight for Immigrant RightsArticle by Sameer M. Ashar
From Stop and Frisk to Shoot and Kill: Terry v. Ohio’s Pathway to Police ViolenceArticle by Devon W. Carbado
The Puzzle of Social Movements in American Legal TheoryArticle by Scott L. Cummings
Varieties of Constitutional Experience: Democracy and the Marriage Equality CampaignArticle by Nan D. Hunter
Community in Conflict: Same-Sex Marriage and BacklashArticle by Reva B. Siegel
Rebellious Social Movement Lawyering Against Traffic Court DebtComment by Veryl Pow

Volume 63

Issue 1January 2016; pp. 1–262

Navigating Paroline's WakeArticle by Isra Bhatty
Regional Federal AdministrationArticle by Dave Owen
Exhausting PatentsArticle by Wentong Zheng
Post-Deportation Remedy and Windsor's PromiseComment by Kate Shoemaker
Forget Congress: Reforming Campaign Finance Through Mutually Assured DestructionComment by Nick Warshaw

Issue 2February 2016; pp. 264-527

The Business of TreatiesArticle by Melissa J. Durkee
Choosing Constitutional RemediesArticle by Eric S. Fish
Judging Third-Party FundingArticle by Victoria Shannon Sahani
The Courtroom as White Space: Racial Performance as NoncredibilityComment by Amanda Carlin
Red Belt, Green Hunt, Gray Law: India’s Naxalite-Maoist Insurgency and the Law of Non-International Armed ConflictComment by Sandeep Avinash Prasanna

Issue 3March 2016; pp. 530-808

The System of Equitable RemediesArticle by Samuel L. Bray
Challenging the “Criminal Alien” ParadigmArticle by Angélica Cházaro
Plenary Power, Political Questions, and Sovereignty in Indian AffairsArticle by Michalyn Steele
Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile PrisonComment by Sara McDermott
Mute and Moot: How Class Action Mootness Procedure Silences InmatesComment by Michele C. Nielsen

Issue 4May 2016; pp. 810-1141

Accidents of Federalism: Ratemaking and Policy Innovation in Public Utility LawArticle by William Boyd & Ann E. Carlson
Protecting Disfavored Minorities: Toward Institutional RealismArticle by Joy Milligan
Insider Trading and Market StructureArticle by Yesha Yadav
Defending Criminal(ized) “Aliens” After Padilla: Toward a More Holistic Public Immigration Defense in the Era Of CrimmigrationComment by Andrés Dae Keun Kwon
Public-Private Divide in Parker State-Action ImmunityComment by Sina Safvati

Issue 5June 2016; pp. 1144-1503

How Governments Pay: Lawsuits, Budgets, and Police ReformArticle by Joanna C. Schwartz
Second-Order Participation in Administrative LawArticle by Miriam Seifter
The Freedom of Speech and Bad PurposesArticle by Eugene Volokh
Evolving Jurisdiction Under the Federal Power Act: Promoting Clean Energy PolicyComment by Giovanni S. Saarman González
Election Speech and Collateral Censorship at the Slightest Whiff of Legal TroubleComment by Samuel S. Sadeghi

Issue 6August 2016; pp. 1506-1860

President Nixon’s Indian Law Legacy: A CounterstoryArticle by Carole Goldberg
Principles of International Law That Support Claims of Indian Tribes to Water ResourcesArticle by Reid Peyton Chambers & William F. Stephens
Crime and Governance in Indian CountryArticle by Angela R. Riley
Recentering Tribal Criminal JurisdictionArticle by Addie C. Rolnick
The Politics of Inclusion: Indigenous Peoples and U.S. CitizenshipArticle by Rebecca Tsosie
Tribal Sovereignty, Tribal Court Legitimacy, and Public DefenseComment by Lindsay Cutler
The Double-Edged Sword of Sovereignty by the Barrel: How Native Nations Can Wield Environmental Justice in the Fight Against the Harms of FrackingComment by Geneva E.B.Thompson

Volume 62

Issue 1January 2015; pp. 1–270

Intellectual Property Law Solutions to Tax AvoidanceArticle by Andrew Blair-Stanek
Cooperative Federalism and Marijuana RegulationArticle by Erwin Chemerinsky, Jolene Forman, Allen Hopper & Sam Kamin
Offshoring the Army: Migrant Workers and the U.S. MilitaryArticle by Darryl Li
Inmates’ Need for Federally Funded Lawyers: How the Prison Litigation Reform Act, Casey, and Iqbal Combine With Implicit Bias to Eviscerate Inmate Civil RightsComment by Tasha Hill
Proportional Voting Through the Elections Clause: Protecting Voting Rights Post-Shelby CountyComment by Conner Johnston

Issue 2February 2015; pp. 271-569

Judging Opportunity Lost: Assessing the Viability of Race-Based Affirmative Action After Fisher v. University of TexasArticle by Mario L. Barnes, Erwin Chemerinsky & Angela Onwuachi-Willig
Enforcing RightsArticle by Nancy Leong & Aaron Belzer
Milliken, Meredith, and Metropolitan SegregationArticle by Myron Orfield
David’s Sling: How to Give Copyright Owners a Practical Way to Pursue Small ClaimsComment by Jeffrey Bils
Nonserious Marijuana Offenses and Noncitizens: Uncounseled Pleas and Disproportionate ConsequencesComment by Jordan Cunnings

Issue 3March 2015; pp. 570-832

Fixing Public Sector Finances: The Accounting and Reporting LeverArticle by James Naughton & Holger Spamann
Less Enforcement, More Compliance: Rethinking Unauthorized MigrationArticle by Emily Ryo
Decriminalization, Police Authority, and Routine Traffic StopsArticle by Jordan Blair Woods
Not Whether Machines Think, But Whether Men DoComment by Jane Stack
Fighting for a Place Called Home: Litigation Strategies for Challenging GentrificationComment by Hannah Weinstein

Issue 4May 2015; pp. 834-1092

National Security’s Broken WindowsArticle by Amna Akbar
Interstitial FederalismArticle by Rhett B. Larson
Bankruptcy SurvivalArticle by Lynn M. LoPucki & Joseph W. Doherty
A Preferable Way to Treat Preferential TreatmentComment by Alex Akhavan
No Legs to Stand On: Article III Injury and Official Proponents of State Voter InitiativesComment by Shane Palmer

Issue 5June 2015; pp. 1094-1423

Wills Law on the GroundArticle by David Horton
Prison Abolition and Grounded JusticeArticle by Allegra M. McLeod
Risk Regulation, Extraterritoriality, and Domicile: The Constitutionalization of American Choice of Law, 1850–1940Article by Clyde Spillenger
Faith-Based Intellectual PropertyArticle by Mark A. Lemley
A Critique of the Secular Exceptions Approach to Religious ExemptionsComment by Colin A. Devine
Restoring the Fifteenth Amendment: The Constitutional Right to an Undiluted VoteComment by Stephanie N. Kang

Issue 6August 2015; pp. 1426-1675

Colonial Exploitation: The Canadian State and the Trafficking of Indigenous Women and Girls in CanadaArticle by Robyn Bourgeois
The Racial Roots of Human TraffickingArticle by Cheryl Nelson Butler
Giving as Governance? Philanthrocapitalism and Modern-Day Slavery AbolitionismArticle by Janie A. Chuang
Beyond CoercionArticle by Kathleen Kim
(E)racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited MinorsArticle by Priscilla A. Ocen
Black Girls and the (Im)Possibilities of a Victim Trope: The Intersectional Failures of Legal and Advocacy Interventions in the Commercial Sexual Exploitation of Minors in the United StatesComment by Jasmine Phillips

Volume 61

Issue 1December 2013; pp. 1–230

Against Endowment Theory: Experimental Economics and Legal ScholarshipArticle by Gregory Klass & Kathryn Zeiler
Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care CaseArticle by Mark D. Rosen & Christopher W. Schmidt
“Let’s Have a Look, Shall We?” A Model for Evaluating Suspicionless Border Searches of Portable Electronic DevicesComment by Sid Nadkarni
An Article III Divided Against Itself Cannot Stand: A Critical Race Perspective on the U.S. Supreme Court’s Standing JurisprudenceComment by Raj Shah

Issue 2January 2014; pp. 231–564

Negotiating Nonproliferation: International Law and Delegation in the Iranian Nuclear CrisisArticle by Aslı Ü. Bâli
Detention Without End?: Reexamining the Indefinite Confinement of Terrorism Suspects Through the Lens of Criminal SentencingArticle by Jonathan Hafetz
Transparently Opaque: Understanding the Lack of Transparency in Insurance Consumer ProtectionArticle by Daniel Schwarcz
California’s Unloaded Open Carry Bans: A Constitutional and Risky, but Perhaps Necessary, Gun Control StrategyComment by Charlie Sarosy
Exclusion, Punishment, Racism and Our Schools: A Critical Race Theory Perspective on School DisciplineComment by David Simson

Issue 3February 2014; pp. 565–856

How to Feel Like a Woman, or Why Punishment Is a DragArticle by Mary Anne Franks
Free: Accounting for the Costs of the Internet’s Most Popular PriceArticle by Chris Jay Hoofnagle & Jan Whittington
The Case for Tailoring Patent Awards Based on Time-to-MarketArticle by Benjamin N. Roin
Here Comes the Sun: How Securities Regulations Cast a Shadow on the Growth of Community Solar in the United StatesComment by Samantha Booth
Restoration Remedies for Remaining ResidentsComment by David Kane

Issue 4May 2014; pp. 857-1192

Expressive EnforcementArticle by Avlana Eisenberg
Insider Trading as Private CorruptionArticle by Sung Hui Kim
Marriage Equality and PostracialismArticle by Russell K. Robinson
Fast and Furious, or Slow and Steady? The Flow of Guns From the United States to MexicoComment by Jessica A. Eby
Parole Denial Habeas Corpus Petitions: Why the California Supreme Court Needs to Provide More Clarity on the Scope of Judicial ReviewComment by Charlie Sarosy

Issue 5June 2014; pp. 1193-1612

Opinions First—Argument AfterwardsArticle by Daniel J. Bussel
How the California Supreme Court Actually Works: A Reply to Professor BusselArticle by Goodwin Liu
The Best of All Possible Worlds? A Rejoinder to Justice LiuArticle by Daniel J. Bussel
Deprivative RecognitionArticle by Erez Aloni
Immigration Detention as PunishmentArticle by César Cuauhtémoc García Hernández
Toward a Theory of Equitable Federated Regionalism in Public EducationArticle by Erika K. Wilson
The Dark Side of the First AmendmentArticle by Steven H. Shiffrin
Misdiagnosing the Impact of Neuroimages in the CourtroomComment by So Yeon Choe
Under the (Territorial) Sea: Reforming U.S. Mining Law for Earth’s Final FrontierComment by James D. Friedland

Issue 6July 2014; pp. 1613-2106

Public Utility and the Low-Carbon FutureArticle by William Boyd
An Open Access Distribution Tariff: Removing Barriers to Innovation on the Smart GridArticle by Joel B. Eisen
Valuing National Security: Climate Change, the Military, and SocietyArticle by Sarah E. Light
Lessons From the Past for Assessing Energy Technologies for the FutureArticle by Albert C. Lin
Complexity and Anticipatory Socio-Behavioral Assessment of Government Attempts to Induce Clean TechnologiesArticle by Gary E. Marchant
Feasibility of Flexible Technology Standards for Existing Coal-Fired Power Plants and Their Implications for New Technology DevelopmentArticle by Dalia Patino-Echeverri
Socio-Political Evaluation of Energy Deployment (SPEED): A Framework Applied to Smart GridArticle by Jennie C. Stephens, Tarla Rai Peterson & Elizabeth J. Wilson
Energy and Climate Change: A Climate Prediction MarketArticle by Michael P. Vandenbergh, Kaitlin Toner Raimi & Jonathan M. Gilligan
Regulating Domestic Carbon Outsourcing: The Case of China and Climate ChangeArticle by Alex L. Wang
Smart Meters, Smarter Regulation: Balancing Privacy and Innovation in the Electric GridComment by Samuel J. Harvey

Volume 60

Issue 1October 2012; pp. 1–303

Not This Child: Constitutional Questions in Regulating Noninvasive Prenatal Genetic Diagnosis and Selective AbortionArticle by Jaime Staples King
A Labor Paradigm for Human TraffickingArticle by Hila Shamir
Prosecutors Hide, Defendants Seek: The Erosion of Brady Through the Defendant Due Diligence RuleArticle by Kate Weisburd
Trade Dress Protection for Cuisine: Monetizing Creativity in a Low-IP IndustryComment by Naomi Straus
What Happens in the Jury Room Stays in the Jury Room . . . but Should It?: A Conflict Between the Sixth Amendment and Federal Rule of Evidence 606(b)Comment by Amanda R. Wolin

Issue 2December 2012; pp. 304-559

The Battle Over Taxing Offshore AccountsArticle by Itai Grinberg
The Structural Exceptionalism of Bankruptcy AdministrationArticle by Rafael I. Pardo & Kathryn A. Watts|Rafael I. Pardo & Kathryn A. Watts
Patients’ Racial Preferences and the Medical Culture of AccommodationArticle by Kimani Paul-Emile
“Not Susceptible to the Logic of Turner”: Johnson v. California and the Future of Gender Equal Protection Claims From PrisonsComment by Grace DiLaura

Issue 3February 2013; pp. 560-824

Urban Bias, Rural Sexual Minorities, and the CourtsArticle by Luke A. Boso
Private Equity and Executive CompensationArticle by Robert J. Jackson, Jr.
The New InvestorArticle by Tom C.W. Lin
The Fate of the Collateral Source Rule After Healthcare ReformComment by Ann S. Levin
A New Strategy for Neutralizing the Gay Panic Defense at Trial: Lessons From the Lawrence King CaseComment by David Alan Perkiss

Issue 4April 2013; pp. 825-1080

Real Women, Real RapeArticle by I. Bennett Capers
Disaggregating DisastersArticle by Lisa Grow Sun & RonNell Andersen Jones
Decomposing the Precarious Future of American Orchestras in the Face of Golan v. HolderComment by Hannah Dubina
In Need of a Fix: Reforming Criminal Law in Light of a Contemporary Understanding of Drug AddictionComment by Patrick Eoghan Murray
Second Amendment Challenges to Student Housing Firearms Bans: The Strength of the Home AnalogyComment by Michael L. Smith

Issue 5June 2013; pp. 1082-1381

First Amendment Constraints on Copyright After Golan v. HolderArticle by Neil Weinstock Netanel
Intraracial DiversityArticle by Devon W. Carbado
When to Overthrow your Government: The Right to Resist in the World’s ConstitutionsArticle by Ginsburg et al.
Interbank DisciplineArticle by Kathryn Judge
A Proposal for U.S. Implementation of the Vienna Convention’s Consular Notification RequirementComment by Nicole M. Howell

Issue 6August 2013; pp. 1384-1791

Complexity, the Generation of Legal Knowledge, and the Future of LitigationArticle by Ronald J. Allen
Regulation by Liability Insurance: From Auto to Lawyers Professional LiabilityArticle by Tom Baker & Rick Swedloff
When Courts Determine Fees in a System With a Loser Pays Norm: Fee Award Denials to Winning Plaintiffs and DefendantsArticle by Theodore Eisenberg, Talia Fisher & Issi Rosen-Zvi
Symmetry and Class Action LitigationArticle by Alexandra D. Lahav
Atomism, Holism, and the Judicial Assessment of EvidenceArticle by Jennifer L. Mnookin
Altering Attention in AdjudicationArticle by Jeffrey J. Rachlinski, Andrew J. Wistrich & Chris Guthrie
Wolves and Sheep, Predators and Scavengers, or Why I Left Civil Procedure (Not With a Bang, but a Whimper)Article by D. Michael Risinger
Gateways and Pathways in Civil ProcedureArticle by Joanna C. Schwartz
Pleading and Access to Civil Justice: A Response to Twiqbal ApologistsArticle by A. Benjamin Spencer
Teaching Twombly and Iqbal: Elements Analysis and the Ghost of Charles ClarkArticle by Clyde Spillenger
Unspoken Truths and Misaligned Interests: Political Parties and the Two Cultures of Civil LitigationArticle by Stephen C. Yeazell

Volume 59

Issue 1October 2011; pp. 1–269

Affirmative Action as Government SpeechArticle by William M. Carter, Jr.
Taxing Founders’ StockArticle by Victor Fleischer
Administrative ChangeArticle by Randy J. Kozel & Jeffrey A. Pojanowski|Randy J. Kozel & Jeffrey A. Pojanowski
Alternative ElementsArticle by Jessica A. Roth
Mitigating Arbitration’s Externalities: A Call for Tailored Judicial ReviewComment by Karen A. Lorang

Issue 2December 2011; pp. 270–502

Airspace in a Green EconomyArticle by Troy A. Rule
A Minimalist Approach to State “Bankruptcy”Article by Steven L. Schwarcz
The Irony of International Business Law: U.S. Progressivism and China’s New Laissez-FaireArticle by Andrew Brady Spalding
The News Deal: How Price-Fixing and Collusion Can Save the Newspaper Industry—and Why Congress Should Promote ItComment by Brad A. Greenberg
Qualified Immunity After Pearson v. CallahanComment by Colin Rolfs

Issue 3February 2012; pp. 503–849

Essays in Honor of Joel F. HandlerArticle by UCLA Law Review
The Pursuit of Legal Rights—and BeyondArticle by Scott L. Cummings
Poverty Unmodified?: Critical Reflections on the Deserving/Undeserving DistinctionArticle by Noah D. Zatz
The President’s Unconstitutional TreatymakingArticle by David H. Moore
Freedom of Contract in an Augmented Reality: The Case of Consumer ContractsArticle by Scott R. Peppet
Balancing Judicial Misvaluation and Patent Hold-Up: Some Principles for Considering Injunctive Relief After eBayComment by Nicholas P. Chan
Learning in Lockdown: School Police, Race, and the Limits of LawComment by Aaron Sussman

Issue 4April 2012; pp. 850-1121

Liability Holding CompaniesArticle by Anat R. Admati, Peter Conti-Brown & Paul Pfleiderer
Congress in CourtArticle by Amanda Frost
The Cost of Price: Why and How to Get Beyond Intellectual Property InternalismArticle by Amy Kapczynski
More Than Just a Formality: Instant Authorship and Copyright’s Opt-Out Future in the Digital AgeComment by Brad A. Greenberg
Reconciling Caperton and Citizens United: When Campaign Spending Should Compel Recusal of Elected OfficialsComment by Samuel P. Siegel

Issue 5June 2012; pp. 1122–1415

Implicit Bias in the CourtroomArticle by Jerry Kang, et al.
The Supreme Court’s Regulation of Civil Procedure: Lessons From Administrative LawArticle by Lumen N. Mulligan & Glen Staszewski|Lumen N. Mulligan & Glen Staszewski
Techniques for Mitigating Cognitive Biases in
Fingerprint IdentificationComment by Elizabeth J. Reese
Credit CARD Act II: Expanding Credit Card Reform by Targeting Behavioral BiasesComment by Jonathan Slowik
Shocking the Conscience: What Police Tasers and Weapon Technology Reveal About Excessive Force LawComment by Aaron Sussman

Issue 6August 2012; pp. 1416–1868

From Private Violence to Mass Incarceration: Thinking Intersectionally About Women, Race, and Social ControlArticle by Kimberlé W. Crenshaw
Prison, Foster Care, and the Systemic Punishment of Black MothersArticle by Dorothy E. Roberts
Blind Discretion: Girls of Color & Delinquency in the Juvenile Justice SystemArticle by Jyoti Nanda
The New Racially Restrictive Covenant: Race, Welfare, and the Policing of Black Women in Subsidized HousingArticle by Priscilla A. Ocen
Justice for Girls: Are We Making Progress?Article by Francine T. Sherman
Engendering RapeArticle by Kim Shayo Buchanan
Uncomfortable Places, Close Spaces: Female Correctional Workers’ Sexual Interactions With Men and Boys in CustodyArticle by Brenda V. Smith
“In an Avalanche Every Snowflake Pleads Not Guilty”: The Collateral Consequences of Mass Incarceration and Impediments to Women’s Fair Housing RightsArticle by George Lipsitz
Unlocking the Gates of Desolation RowArticle by Sara Taylor

Volume 58

Issue 1October 2010; pp. 1–320

Just Notice: Re-Reforming Employment at WillArticle by Rachel Arnow-Richman
Reading Ricci: Whitening Discrimination, Racing Test FairnessArticle by Cheryl I. Harris & Kimberly West-Faulcon|Cheryl I. Harris & Kimberly West-Faulcon
Shareholder Campaign Funds: A Campaign Subsidy Scheme for Corporate ElectionsArticle by Lee Harris
Setting National Coverage Standards for Health Plans Under Healthcare ReformArticle by Jessica Mantel
Secrets Worth Keeping: Toward a Principled Basis for Stigmatized Property Disclosure StatutesComment by Stuart C. Edmiston

Issue 2December 2010; pp. 321–610

Officious Intermeddlers or Citizen Experts? Petitions and Public Production of Information in Environmental LawArticle by Eric Biber & Berry Brosi|Eric Biber & Berry Brosi
Racial TerritorialityArticle by Elise C. Boddie
Seeing Through Colorblindness: Implicit Bias and the LawArticle by Jerry Kang & Kristin Lane|Jerry Kang & Kristin Lane
Shooting the Messenger: How Enforcement of FLSA and ERISA Is Thwarted by Courts' Interpretations of the Statutes' Antiretaliation and Remedies ProvisionsComment by Jessica Barclay-Strobel
Revolution in Progress: Third-Party Funding of American LitigationComment by Jason Lyon

Issue 3February 2011; pp. 611–888

Good Faith and Law EvasionArticle by Samuel W. Buell
Making Sovereigns Indispensable: Pimentel and the Evolution of Rule 19Article by Katherine Florey
The Need for a Research Culture in the Forensic SciencesArticle by Jennifer L. Mnookin et al.
Commentary on The Need for a Research Culture in the Forensic SciencesArticle by Pierre Margot
Commentary on The Need for a Research Culture in the Forensic SciencesArticle by Judge Nancy Gertner
Commentary on The Need for a Research Culture in the Forensic SciencesArticle by Joseph P. Bono
What's Your Position? Amending the Bankruptcy Disclosure Rules to Keep Pace With Financial InnovationComment by Samuel M. Kidder
Defendant Class Actions and Patent Infringement LitigationComment by Matthew K.K. Sumida

Issue 4April 2011; pp. 889–1174

Digital ExhaustionArticle by Aaron Perzanowski & Jason Schultz|Aaron Perzanowski & Jason Schultz
Fixing Inconsistent Paternalism Under Federal Employment Discrimination LawArticle by Craig Robert Senn
Awakening the Press ClauseArticle by Sonja R. West
Still Fair After All These Years? How Claim Preclusion and Issue Preclusion Should Be Modified in Cases of Copyright's Fair Use DoctrineComment by Karen L. Jones
Patenting Everything Under the Sun: Invoking the First Amendment to Limit the Use of Gene PatentsComment by Krysta Kauble

Issue 5June 2011; pp. 1175–1388

Melville B. Nimmer Memorial Lecture: What Is a Copyrighted Work? Why Does It Matter?Article by Paul Goldstein
Equal Opportunity for ArbitrationArticle by Hiro N. Aragaki
Asymmetrical JurisdictionArticle by Matthew I. Hall
Multiracial Work: Handing Over the Discretionary Judicial Tool of MultiracialismComment by Scot Rives
Give Me Your Tired, Your Poor, and Your Queer: The Need and Potential for Advocacy for LGBTQ Immigrant DetaineesComment by CT Turney

Issue 6August 2011; pp. 1389-1912

IntroductionArticle by Rachel F. Moran
Why Padilla Doesn't Matter (Much)Article by Darryl K. Brown
Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal ProcessArticle by Gabriel J. Chin
The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half AmendmentArticle by Daniel Kanstroom
Padilla and the Delivery of Integrated Criminal DefenseArticle by Ronald F. Wright
Undocumented Criminal ProcedureArticle by Devon W. Carbado & Cheryl I. Harris|Devon W. Carbado & Cheryl I. Harris
Litigation at Work: Defending Day Labor in Los AngelesArticle by Scott L. Cummings
Doing Time: Crimmigration Law and the Pitfalls of HasteArticle by Juliet P. Stumpf
Local Immigration Prosecution: A Study of Arizona Before SB 1070Article by Ingrid V. Eagly
The Discretion That Matters: Federal Immigration Enforcement, State and Local Arrests, and the Civil–Criminal LineArticle by Hiroshi Motomura
Moving Toward Subfederal Involvement in Federal Immigration LawComment by Ryan Terrance Chin

Volume 57

Issue 1October 2009; pp. 1–364

From Privacy To Liberty: The Fourth Amendment After LawrenceArticle by Thomas P. Crocker
Who Can Sue Over Government Surveillance?Article by Scott Michelman
Leverage in the Board Room: The Unsung Influence of Private Lenders in Corporate GovernanceArticle by Frederick Tung
After the Bailout: Regulating Systemic Moral HazardArticle by Karl S. Okamoto
Evaluating The Public Interest: Regulation Of Industrial Hemp Under The Controlled Substances ActComment by Christine A. Kolosov
Improving The Education Of California’s Juvenile Offenders: An Alternative To Consent DecreesComment by Stefanie Low
The Right to Control One's NameComment by Julia Shear Kushner

Issue 2December 2009; pp. 365–604

The Unexceptionalism of “Evolving Standards”Article by Corinna Barrett Lain
The (Constitutional) Convention on IP: A New ReadingArticle by Dotan Oliar
Unborn & Unprotected: The Rights Of The Fetus Under § 1983Comment by Bram Alden
An Economic Crisis is a Terrible Thing to Waste: Reforming the Business of Law for a Sustainable and Competitive FutureComment by Erin J. Cox
Reaffirming Indian Tribal Court Criminal Jurisdiction Over Non-Indians: An Argument for a Statutory Abrogation of OliphantComment by Samuel E. Ennis

Issue 3February 2010; pp. 605–896

The Shadow Terms: Contract Procedure and Unilateral AmendmentsArticle by David Horton
The Many Faces of Promissory Estoppel: An Empirical Analysis Under the Restatement (Second) of ContractsArticle by Marco J. Jimenez
Portraits of Resistance: Lawyer Responses to Unjust ProceedingsArticle by Alexandra D. Lahav
A “Standard Clause Analysis” of the Frustration Doctrine and the Material Adverse Change ClauseArticle by Andrew A. Schwartz
Coercive Discovery and the First Amendment: Towards a Heightened Discoverability StandardComment by Amy Pomerantz Nickerson

Issue 4April 2010; pp. 897–1128

Melville B. Nimmer Memorial Lecture: Facts and the First AmendmentArticle by Frederick Schauer
The Upside of Intellectual Property’s DownsideArticle by Christopher A. Cotropia & James Gibson|Christopher A. Cotropia & James Gibson
The False Promise of the Mixed-Income Housing ProjectArticle by Robert C. Ellickson
Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement DecisionmakingArticle by Joanna C. Schwartz
Revising the Revision: Procedural Alternatives to the Arbitration Fairness ActComment by Bradley Dillon-Coffman

Issue 5June 2010; pp. 1129–1544

Introduction to the Symposium Issue Sexuality and Gender Law: The Difference a Field MakesArticle by Nan D. Hunter
Elusive Coalitions: Reconsidering the Politics of Gender and SexualityArticle by Kathryn Abrams
The Sex DiscountArticle by Kim Shayo Buchanan
What Feminists Have to Lose in Same-Sex Marriage LitigationArticle by Mary Anne Case
Lawyering for Marriage EqualityArticle by Scott L. Cummings & Douglas NeJaime|Scott L. Cummings & Douglas NeJaime
Sexual and Gender Variation in American Public Law: From Malignant to Benign to ProductiveArticle by William N. Eskridge, Jr.
Sticky Intuitions and the Future of Sexual Orientation DiscriminationArticle by Suzanne B. Goldberg
The Dissident CitizenArticle by Sonia K. Katyal
Raping Like a StateArticle by Teemu Ruskola
The Gay Tipping PointArticle by Kenji Yoshino

Issue 6August 2010; pp. 1545–1878

Ceremonial Deism and the Reasonable Religious OutsiderArticle by Caroline Mala Corbin
Trademark IntersectionalityArticle by Sonia K. Katyal
Broken Promises of Privacy: Responding to the Surprising Failure of AnonymizationArticle by Paul Ohm
Reconsidering RLUIPA: Do Religious Land Use Protections Really Benefit Religious Land Users?Comment by Bram Alden
Multijurisdictionality and Federalism: Assessing San Remo Hotel’s Effect on Regulatory TakingsComment by Eric A. Lindberg

Volume 56

Issue 1October 2008; pp. 1–270

Melville B. Nimmer Memorial Lecture: The World of the Framers - A Christian Nation?Article by Geoffrey R. Stone
The iPhone Meets the Fourth AmendmentArticle by Adam M. Gershowitz
The Value of a Promise: A Utilitarian Approach to Contract Law RemediesArticle by Marco J. Jimenez
Heightened Enablement in the Unpredictable ArtsArticle by Sean B. Seymore
Freeing Exercise at Expression's Expense: When RFRA Privileges the Religiously Motivated SpeakerComment by Erin J. Cox
The Case for Comparative Fault in Compensating the Wrongfully ConvictedComment by Adam I. Kaplan

Issue 2December 2008; pp. 271–542

International Travel and the ConstitutionArticle by Jeffrey Kahn
Seeing and Believing: Mandatory Ultrasound and the Path to a Protected ChoiceArticle by Carol Sanger
The Birth of Rule 144A Equity OfferingsArticle by William K. Sjostrom, Jr.
Unconsciously Regarded as Disabled: Implicit Bias and the Regarded-As Prong of the Americans With Disabilities ActComment by Dale Larson
Taking the "Hate" Out of Hate Crimes: Applying Unfair Advantage Theory to Justify the Enhanced Punishment of Opportunistic Bias CrimesComment by Jordan Blair Woods

Issue 3February 2009; pp. 543–754

The Neglected Right of AssemblyArticle by Tabatha Abu El-Haj
Red: Racism and the American IndianArticle by Bethany R. Berger
The Supreme Court as "Prime Percolator": A Prescription for Appellate Review of Questions in Patent LawArticle by John M. Golden
Transgender Youth, Adolescent Decisionmaking, and Roper v. SimmonsComment by Maureen Carroll

Issue 4April 2009; pp. 755–1040

A Constitutional Birthright: The State, Parentage, and the Rights Of Newborn PersonsArticle by James G. Dwyer
“Which Is To Be Master,” The Judiciary or the Legislature? When Statutory Directives Violate Separation Of PowersArticle by Linda D. Jellum
Normative Methods for LawyersArticle by Joseph William Singer
Sex Outside of the Therapy Hour: Practical and Constitutional Limits on Therapist Sexual Misconduct RegulationsComment by S. Wesley Gorman

Issue 5June 2009; pp. 1041–1628

Gun Control After Heller: Threats and Sideshows From a Social Welfare PerspectiveArticle by Philip J. Cook, Jens Ludwig & Adam M. Samaha|Philip J. Cook, Jens Ludwig & Adam M. Samaha|Philip J. Cook, Jens Ludwig & Adam M. Samaha
Heller, New Originalism, and Law Office History: “Meet the New Boss, Same as the Old Boss”Article by Saul Cornell
Heller and the Triumph of Originalist Judicial Engagement: A Response to Judge Harvie WilkinsonArticle by Alan Gura
The Heller ParadoxArticle by Dennis A. Henigan
A Modern Historiography of the Second AmendmentArticle by Don B. Kates
The Myth of Big-Time Gun Trafficking and the Overinterpretation of Gun Tracing DataArticle by Gary Kleck & Shun-Yung Kevin Wang|Gary Kleck & Shun-Yung Kevin Wang
Why the Second Amendment Has a Preamble: Original Public Meaning and the Political Culture of Written Constitutions in Revolutionary AmericaArticle by David Thomas Konig
The Second Amendment, Heller, and Originalist JurisprudenceArticle by Nelson Lund
The Supreme Court and the Uses of History: District of Columbia v. HellerArticle by Joyce Lee Malcolm
Heller & Originalism’s Dead Hand — In Theory and PracticeArticle by Reva B. Siegel
Permissible Gun Regulations After Heller: Speculations About Method and OutcomesArticle by Mark Tushnet
Implementing the Right To Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research AgendaArticle by Eugene Volokh
Heller's Catch-22Article by Adam Winkler
The Right to Know: An Approach to Gun Licenses and Public Access to Government RecordsComment by Kelsey M. Swanson

Issue 6August 2009; pp. 1629–1934

Overcoming Overdisclosure: Toward Tax Shelter DetectionArticle by Joshua D. Blank
First Amendment Enforcement in Government Institutions and ProgramsArticle by Gia B. Lee
Ezra Pound’s Copyright Statute: Perpetual Rights and the Problem of HeirsArticle by Robert Spoo
Nonwaiver Agreements After Federal Rule of Evidence 502: A Glance at Quick-Peek and Clawback AgreementsComment by Jessica Wang
Narrowing the Definition of “Dwelling” Under the Fair Housing ActComment by Karen Wong
Addressing Youth Bias CrimeComment by Jordan Blair Woods

Volume 55

Issue 1October 2007; pp. 1–292

When Should We Permit Differential Pricing of Information?Article by William W. Fisher III
Does Analyst Independence Sell Investors Short?Article by Jill E. Fisch
The Liberties of Equal Citizens: Groups and the Due Process ClauseArticle by Kenneth L. Karst
Legal Realism in Action: Indirect Copyright Liability's Continuing Tort Framework and Sony's De Facto DemiseArticle by Peter S. Menell & David Nimmer|Peter S. Menell & David Nimmer
Dysfunctional Equivalence: The New Approach to Defining "Postal Channels" Under the Hague Service ConventionComment by Richard J. Hawkins
The Path to Recognition of Same-Sex Marriage: Reconciling the Inconsistencies Between Marriage and Adoption CasesComment by Vanessa A. Lavely

Issue 2December 2007; pp. 293–558

Can Regulation Evolve? Lessons From a Study in Maladaptive ManagementArticle by Alejandro E. Camacho
The Internet and the Project of Communications LawArticle by Susan P. Crawford
Tied Up in Knotts? GPS Technology and the Fourth AmendmentArticle by Renee McDonald Hutchins
Overworking the Presumption of Sanity: Clark's Use of Mental Disease Evidence to Negate Mens ReaComment by Jordan Berman
State Statutes Limiting the Dual Sovereignty Doctrine: Tools for Tribes to Reclaim Criminal Jurisdiction Stripped by Public Law 280?Comment by Ross Naughton
Employing Ex-Offenders: Shifting the Evaluation of Workplace Risks and Opportunities From Employers to CorrectionsComment by Kristen A. Williams

Issue 3February 2008; pp. 559–782

The Convergence of Good Faith and OversightArticle by Stephen M. Bainbridge et al.|Stephen M. Bainbridge et al.|Stephen M. Bainbridge et al.
No Slavery Except as a Punishment for Crime: The Punishment Clause and Sexual SlaveryArticle by Kamal Ghali
An Aesthetic Defense of the Nonprecedential Opinion: The Easy Cases Debate in the Wake of the 2007 Amendments to the Federal Rules of Appellate ProcedureArticle by Caleb E. Mason
Reorienting the Debate on Presidential Signing Statements: The Need for Transparency in the President's Constitutional Objections, Reservations, and Assertions of PowerComment by Malinda Lee
Does Practice Make Perfect? An Examination of Congress's Proposed District Court Patent Pilot ProgramComment by Nancy Olson

Issue 4April 2008; pp. 783–1094

Contraindicated Drug CourtsArticle by Josh Bowers
Beyond the Liability Wall: Strengthening Tort Remedies in International Environmental LawArticle by Noah Sachs
Tort Reforms' Winners and Losers: The Competing Effects of Care and Activity LevelsArticle by Joanna M. Shepherd
Owning the Center of the EarthArticle by John G. Sprankling
The Individuals With Disabilities Education Act: Why Considering Individuals One at a Time Creates Untenable Situations for Students and EducatorsComment by Megan Roberts

Issue 5June 2008; pp. 1095–1478

Cities Inside Out: Race, Poverty, and Exclusion at the Urban FringeArticle by Michelle Wilde Anderson
Rethinking Work and CitizenshipArticle by Jennifer Gordon & R.A. Lenhardt|Jennifer Gordon & R.A. Lenhardt
The Return of Seditious LibelArticle by Ronald J. Krotoszynski, Jr. & Clint A. Carpenter|Ronald J. Krotoszynski, Jr. & Clint A. Carpenter
Priceless? The Economic Costs of Credit Card Merchant RestraintsArticle by Adam J. Levitin
Lawyers on Horseback? Thoughts on Judge Advocates and Civil-Military RelationsArticle by Michael L. Kramer & Michael N. Schmitt|Michael L. Kramer & Michael N. Schmitt
Substantially Modifying the Visual Artists Rights Act: A Copyright Proposal for Interpreting the Act's Prejudicial Modification ClauseComment by Richard J. Hawkins

Issue 6August 2008; pp. 1479–2023

Implementing Greenhouse Gas Emissions Caps: A Case Study of the Los Angeles Department of Water and PowerArticle by Ann E. Carlson
The Place-Based Theory of StandingArticle by Daniel A. Farber
Climate Change and the Transformation of Risk: Insurance MattersArticle by Sean B. Hecht
Like a Nation StateArticle by Douglas A. Kysar & Bernadette A. Meyler|Douglas A. Kysar & Bernadette A. Meyler
The World vs. the United States and China? The Complex Climate Change Incentives of the Leading Greenhouse Gas EmittersArticle by Cass R. Sunstein
Individual Carbon Emissions: The Low-Hanging FruitArticle by Michael P. Vandenbergh, Jack Barkenbus & Jonathan Gilligan|Michael P. Vandenbergh, Jack Barkenbus & Jonathan Gilligan|Michael P. Vandenbergh, Jack Barkenbus & Jonathan Gilligan
Measuring the Clean Development Mechanism's Performance and PotentialArticle by Michael Wara
Climate Change Policy and Policy Change in ChinaArticle by Jonathan B. Wiener
The Judicial Carbon Tax: Reconstructing Public Nuisance and Climate ChangeArticle by Jonathan Zasloff
An Imperative Redefinition of "Community": Incorporating Reentry Lawyers to Increase the Efficacy of Community Economic Development InitiativesComment by Alina Ball
Educating Expelled Students After No Child Left Behind: Mending an Incentive Structure That Discourages Alternative Education and ReinstatementComment by Maureen Carroll
Specialty License Plates: The First Amendment and the Intersection of Government Speech and Public Forum DoctrinesComment by Amy Riley Lucas

Volume 54

Issue 1October 2006; pp. 1–234

The Perversity of Limited Civil Rights Remedies: The Case of "Abusive" ADA LitigationArticle by Samuel R. Bagenstos
Venture Capital, Agency Costs, and the False Dichotomy of the CorporationArticle by Robert P. Bartlett, III
Fiduciary Foundations of Administrative LawArticle by Evan J. Criddle
Reaching Backward While Looking Forward: The Retroactive Effect of California's Domestic Partner Rights and Responsibilities ActComment by Kaiponanea T. Matsumura

Issue 2December 2006; pp. 235–546

The Continued Vitality of Structured Sentencing Following Blakely: The Effectiveness of Voluntary GuidelinesArticle by John F. Pfaff
Executive Aggrandizement in Foreign Affairs LawmakingArticle by Michael P. Van Alstine
What Welfare Requires From WorkArticle by Noah D. Zatz
Hepatitis C in Prisons: Evolving Toward Decency Through Adequate Medical Care and Public Health ReformComment by Andrew Brunsden
The Fact and Fiction of Grokster and Sony: Using Factual Comparisons to Uncover the Legal RuleComment by Tiffany A. Parcher

Issue 3February 2007; pp. 547–788

The Rise and Fall of School Vouchers: A Story of Religion, Race, and PoliticsArticle by James Forman, Jr.
Autonomy and Informed Consent in Nontherapeutic Biomedical ResearchArticle by Russell Korobkin
Friendship & The LawArticle by Ethan J. Leib
Pharmacist Refusals and Third-Party Interests: A Proposed Judicial Approach to Pharmacist Conscience ClausesComment by Lora Cicconi
Claiming Ownership, but Getting Owned: Contractual Limitations on Asserting Property Interests in Virtual GoodsComment by David P. Sheldon

Issue 4April 2007; pp. 789–998

Limiting Constitutional RightsArticle by Stephen Gardbaum
Just Until PaydayArticle by Ronald J. Mann & Jim Hawkins|Ronald J. Mann & Jim Hawkins
The New Wal-Mart Effect: The Role of Private Contracting in Global GovernanceArticle by Michael P. Vandenbergh
The Implied Warranty of Habitability, Foreseeability, and Landlord Liability for Third-Party Criminal Acts Against TenantsComment by Corey Mostafa

Issue 5June 2007; pp. 999–1462

Interpreting Communities: Lawyering Across Language DifferenceArticle by Muneer I. Ahmad
The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney GeneralArticle by Catherine R. Albiston & Laura Beth Nielsen|Catherine R. Albiston & Laura Beth Nielsen
The Default Legal PersonArticle by Susanna L. Blumenthal
Strict Judicial ScrutinyArticle by Richard H. Fallon, Jr.
School Reconstitution Under No Child Left Behind: Why School Officials Should Think TwiceComment by Andrew Spitser
Enforcing International Commercial Mediation Agreements as Arbital Awards Under the New York ConventionComment by Brette L. Steele
Foreign Law and the U.S. Constitution: Delimiting the Range of Persuasive AuthorityComment by Rebecca R. Zubaty

Issue 6August 2007; pp. 1463–2010

Free Speech Rights That Work at Work: From the First Amendment to Due ProcessArticle by Cynthia Estlund
Universities as First Amendment Institutions: Some Easy Answers and Hard QuestionsArticle by Paul Horwitz
Faithfully Executing the Laws: Internal Legal Constraints on Executive PowerArticle by Dawn E. Johnsen
Compelling Interests/Compelling Institutions: Law Schools as Constitutional LitigantsArticle by Pamela S. Karlan
Students and Workers and Prisoners - Oh My! A Cautionary Note About Excessive Institutional Tailoring of First Amendment DoctrineArticle by Scott A. Moss
What Federalism Tells Us About Takings JurisprudenceArticle by Carol M. Rose
Revisiting Youngstown: Against the View That Jackson's Concurrence Resolves the Relation Between Congress and the Commander-in-ChiefArticle by Mark D. Rosen
Institutions as Legal and Constitutional CategoriesArticle by Frederick Schauer
The Solomon Amendment, Expressive Associations, and Public EmploymentArticle by Paul M. Secunda
Challenges to Civilian Control of the Military: A Rational Choice Approach to the War on TerrorArticle by Glenn Sulmasy & John Yoo|Glenn Sulmasy & John Yoo
The Commerce Clause and the Myth of Dual FederalismArticle by Norman R. Williams
The Federal Government as a Constitutional Niche in Affirmative Action CasesArticle by Adam Winkler
Rethinking Immigration Status Discrimination and Exploitation in the Low-Wage WorkplaceComment by Racehl Bloomekatz

Volume 53

Issue 1October 2005; pp. 1–314

Roper v. Simmons and Our Constitution in International EquipoiseArticle by Roger P. Alford
The Security ConstitutionArticle by Jason Mazzone
Why Congress May Not "Overrule" the Dormant Commerce ClauseArticle by Norman R. Williams
A Blow to Public Investing: Reforming the System of Private Equity Fund DisclosuresComment by Steven E. Hurdle, Jr.
Application of the Government License Defense to Federally Funded Nanotechnology Research: The Case for a Limited Patent Compulsory Licensing RegimeComment by Terry K. Tullis

Issue 2December 2005; pp. 315–560

The Exit Structure of Venture CapitalArticle by D. Gordon Smith
Patterns in a Complex System: An Empirical Study of Valuation in Business Bankruptcy CasesArticle by Bernard Trujillo
Divesting Citizenship: On Asian American History and the Loss of Citizenship Through MarriageArticle by Leti Volpp
Calibrating the Balance of Free Exercise, Religious Establishment, and Land Use Regulation: Is RLUIPA an Unconstitutional Response to an Overstated Problem?Comment by Ariel Graff
Transgender Immigration: Legal Same-Sex Marriages and Their Implications for the Defense of Marriage ActComment by Rachel Duffy Lorenz

Issue 3February 2006; pp. 561–870

Some Skepticism About Increasing Shareholder PowerArticle by Iman Anabtawi
The Case for Limited Shareholder Voting RightsArticle by Stephen M. Bainbridge
Rights Myopia in Child WelfareArticle by Clare Huntington
Was the Disparate Impact Theory a Mistake?Article by Michael Selmi
Sexually Provoked: Recognizing Sexual Misrepresentation as Adequate ProvocationComment by Bradford Bigler
A Semiotic Solution to the Propertization Problem of TrademarkComment by Michael Pulos

Issue 4April 2006; pp. 871–1106

Reflections on the Science and Law of Structural Biology, Genomics, and Drug DevelopmentArticle by Helen M. Berman & Rochelle C. Dreyfuss|Helen M. Berman & Rochelle C. Dreyfuss
Government Secrets, Constitutional Law, and Platforms for Judicial InterventionArticle by Adam M. Samaha
My Library: Copyright and the Role of Institutions in a Peer-to-Peer WorldArticle by Rebecca Tushnet
Reaffirming McClain: The National Stolen Property Act and the Abiding Trade in Looted Cultural ObjectsComment by Adam Goldberg
What International Experience Can Tell U.S. Courts About Same-Sex MarriageComment by Anjuli Willis McReynolds

Issue 5June 2006; pp. 1107–1302

Melville B. Nimmer Memorial Lecture: Deception and the First Amendment: A Central, Complex, and Somewhat Curious RelationshipArticle by Jonathan D. Varat
Punishment and Accountability: Understanding and Reforming Criminal Sanctions in AmericaArticle by Donald Braman
The Fable of the Nationalist President and the Parochial CongressArticle by Jide Nzelibe
The Hidden Contradiction Within Insider Trading RegulationComment by Michelle N. Comeau

Issue 6August 2006; pp. 1303–1577

Incentive Awards to Class Action Plaintiffs: An Empirical StudyArticle by Theodore Eisenberg & Geoffrey P. Miller|Theodore Eisenberg & Geoffrey P. Miller
Backdoor FederalizationArticle by Samuel Issacharoff & Catherine M. Sharkey|Samuel Issacharoff & Catherine M. Sharkey
The Fairness Hearing: Adversarial and Regulatory ApproachesArticle by William B. Rubenstein
Restitution, Rent Extraction, and Class Representatives: Implications of Incentive AwardsArticle by Richard A. Nagareda
"Consulting" the Federal Sentencing Guidelines After BookerComment by Gilles R. Bissonnette
"We Decline to Address": Resolving the Unanswered Questions Left by Rojas v. Superior Court to Encourage Mediation and Prevent the Improper Shielding of EvidenceComment by Laura A. Stoll

Volume 52

Issue 1October 2004; pp. 1–364

The Politics of Pro BonoArticle by Scott L. Cummings
Beyond Market Share Liability: A Theory of Proportional Share Liability for Nonfungible ProductsArticle by Allen Rostron
Sources of Federalism: An Empirical Analysis of the Court’s Quest for Original MeaningArticle by Peter J. Smith
The Myth of Johnson v. M’IntoshComment by Joshua L. Seifert
Speech Restraints for Converged MediaComment by Khaldoun Shobaki

Issue 2December 2004; pp. 365–638

A New Test for Predation: TargetingArticle by Tom Campbell & Nirit Sandman
Choosing Gatekeepers: The Financial Statement Insurance Alternative to Auditor LiabilityArticle by Lawrence A. Cunningham
Courts as Forums for ProtestArticle by Jules Lobel
After Grutter: Ensuring Diversity in K-12 SchoolsComment by Lisa J. Holmes
An Unexpected Application of 42 U.S.C. § 14141: Using Investigative Findings for § 1983 LitigationComment by Matthew J. Silveira

Issue 3February 2005; pp. 639–978

In Search of a Theory for Constitutional ComparativismArticle by Roger P. Alford
Administering CrimeArticle by Rachel E. Barkow
Is Consent Necessary? An Evaluation of the Emerging Law of Cohabitant ObligationArticle by Marsha Garrison
A New Approach to the Wine Wars: Reconciling the Twenty-first Amendment With the Commerce ClauseComment by Lisa Lucas
"You Are Now Free to Move About the Country": Why Bankruptcy Lawyers Should Be Free to Engage in Multijurisdictional PracticeComment by Daniel Pouladian & Leslie Reed|Daniel Pouladian & Leslie Reed

Issue 4April 2005; pp. 979–1358

Conservative Reformation, Popularization, and the Lessons of Reading Criminal Justice as Constitutional LawArticle by Louis D. Bilionis
A Property Rights Approach to Sacred Sites Cases: Asserting a Place for Indians as NonownersArticle by Kristen A. Carpenter
Reconciling Data Privacy and the First AmendmentArticle by Neil M. Richards
Conservative Lawyers and the Contest Over the Meaning of "Public Interest Law"Article by Ann Southworth
Unequal Protection and the Racial Privacy InitiativeComment by Richa Amar
Unhappy Cows and Unfair Competition: Using Unfair Competition Laws to Fight Farm Animal AbuseComment by Donna Mo

Issue 5June 2005; pp. 1359–1626

Melville B. Nimmer Memorial Lecture: The Pedagogy of the First Amendment: Why Teaching About Freedom of Speech Raises Unique (and Perhaps Insurmountable) Problems for Conscientious Teachers and Their StudentsArticle by Sanford Levinson
"Let Economic Equality Take Care of Itself": The NAACP, Labor Litigation, and the Making of Civil Rights in the 1940sArticle by Risa Lauren Goluboff
The Original Meaning of the Recess Appointments ClauseArticle by Michael B. Rappaport
Can the NLRB Deter Unfair Labor Practices? Reassessing the Punitive-Remedial Distinction in Labor Law EnforcementComment by Michael Weiner

Issue 6August 2005; pp. 1627–1916

Redistribution via Taxation: The Limited Role of the Personal Income Tax in Developing CountriesArticle by Richard M. Bird & Eric M. Zolt|Richard M. Bird & Eric M. Zolt
Choosing a Tax Rate Structure in the Face of DisagreementArticle by Marjorie E. Kornhauser
The Political Psychology of RedistributionArticle by Edward J. McCaffery & Jonathan Baron|Edward J. McCaffery & Jonathan Baron
Envisioning the Modern American Fiscal State: Progressive-Era Economists and the Intellectual Foundations of the U.S. Income TaxArticle by Ajay K. Mehrotra
Tax or Welfare? The Administration of the Earned Income Tax CreditArticle by Lawrence Zelenak

Volume 51

Issue 1October 2003, pp. 1–386

Borderline Decisions: Hoffman Plastic Compounds, the New Bracero Program, and the Supreme Court's Role in Making Federal Labor PolicyArticle by Christopher David Ruiz Cameron
The Rule of Law: Mexico's Approach to Expropriation Disputes in the Face of Investment GlobalizationArticle by Patrick Del Duca
NAFTA as a Symbol on the BorderArticle by Sanford E. Gaines
Open Borders?Article by Kevin R. Johnson
Human Rights and Undocumented Migration Along the Mexican-U.S. BorderArticle by Dr. Guillermo Alonso Meneses
A Brief History of Race and the U.S.-Mexican Border: Tracing the Trajectories of ConquestArticle by Juan F. Perea
Stating a Title VII Claim for Sexual Orientation Discrimination in the Workplace: The Legal Theories Available After Rene v. MGM Grand HotelComment by Matthew Clark
Rethinking Assumption of Risk and Sports SpectatorsComment by David Horton

Issue 2December 2003; pp. 387–620

Locking in Capital: What Corporate Law Achieved for Business Organizers in the Nineteenth CenturyArticle by Margaret M. Blair
The Failed Jurisprudence of Managed Care, and How to Fix It: Reinterpreting ERISA PreemptionArticle by Russell Korobkin
The Camel's Nose Is in the Tent: Rules, Theories, and Slippery SlopesArticle by Mario J. Rizzo & Douglas Glen Whitman
Noncompete Agreements in California: Should California Courts Uphold Choice of Law Provisions Specifying Another State's Law?Comment by Christina L. Wu

Issue 3February 2004; pp. 621–886

The Semiotic Analysis of Trademark LawArticle by Barton Beebe
Adjudicative Speech and the First AmendmentArticle by Christopher J. Peters
Free Speech and Valuable Speech: Silence, Dante, and the "Marketplace of Ideas"Article by James Boyd White
Calculating Lawyers' Fees: Theory and RealityComment by Michael Kao
A Matter of Life or Death: The Visual Artists Rights Act and the Problem of Postmortem Moral RightsComment by Cambra E. Stern

Issue 4April 2004; pp. 887–1232

Did John Serrano Vote for Proposition 13? A Reply to Stark and Zasloff's "Tiebout and Tax Revolts: Did Serrano Really Cause Proposition 13?"Article by William A. Fischel
Denying Prejudice: Internment, Redress, and DenialArticle by Jerry Kang
National Rulemaking Through Trial Courts: The Big Case and Institutional ReformArticle by David Zaring
Taking Politics Seriously: A Theory of California's Separation of PowersArticle by Jonathan Zasloff
A Prisoner's Right to Religious Diet Beyond the Free Exercise ClauseComment by Benjamin Pi-wei Liu
Shareholder Voting on All Stock Option Plans: An Unnecessary and Unwise PropositionComment by Roshan Sonthalia

Issue 5June 2004; pp. 1233–1554

Codifying Copyright ComprehensiblyArticle by David Nimmer
Fiscal Federalism and Tax Progressivity: Should the Federal Income Tax Encourage State and Local Redistribution?Article by Kirk J. Stark
Protecting the Marketplace of Ideas: Access for Solicitors in Common Interest CommunitiesComment by Margaret Farrand Saxton
The Culture of Judicial Deference and the Problem of Supermax PrisonsComment by Mikel-Meredith Weidman

Issue 6August 2004; pp. 1555–1750

Legal Recognition of Same-Sex Conjugal Relationships: The 2003 California Domestic Partner Rights and Responsibilities Act in Comparative Civil Rights and Family Law PerspectiveArticle by Grace Ganz Blumberg
Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law EnforcementArticle by Erwin Chemerinsky
Assimilation, Toleration, and the State's Interest in the Development of Religious DoctrineArticle by Richard W. Garnett
Lost in Probation: Contrasting the Treatment of Probationary Search Agreements in California and Federal CourtsComment by Marc R. Lewis

Volume 50

Issue 1October 2002, pp. 1–249

Copyright and Its MetaphorsArticle by Mark Rose
Conceiving Harm: Disability Discrimination in Assisted Reproductive TechnologiesArticle by Carl H. Coleman
Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation ProgramsArticle by John Lande
When Is Cost an Unlawful Barrier to Alternative Dispute Resolution? The Ever Green Tree of Mandatory Employment ArbitrationArticle by Michael H. LeRoy & Peter Feuille
Coercion in Campaign Finance Reform: A Closer Look at Footnote 65 or Buckley v. ValeoComment by Grant Davis-Denny

Issue 2December 2002; pp. 251–720

Bibliography: Works by Gary T. SchwartzArticle
Gary Schwartz: A UCLA OriginalArticle by Jonathan D. Varat
Gary Schwartz: The Beauty of BalanceArticle by Guido Calabresi
Talking TortsArticle by Kenneth S. Abraham
Remembering GaryArticle by Ellen Ellickson
The Dauntless Gary SchwartzArticle by Robert C. Ellickson
Gary Schwartz: Energy, Intellect, and ExuberanceArticle by Steven L. Engelberg
Gary SchwartzArticle by Daniel Givelber
This Is GaryArticle by James E. Krier
Remembering Gary SchwartzArticle by Peter H. Schuck
Remembering Gary - And Tort TheoryArticle by George P. Fletcher
Proximate Cause DecodedArticle by Mark F. Grady
The Magic of Gary's ScholarshipArticle by Michael Green
Why Negligence Dominates TortArticle by James A. Henderson, Jr.
The American Influence on Canadian Tort LawArticle by The Honourable Mr. Justice Allen M. Linden
(In)Juries, (In)Justice, and (Il)Legal Blame: Tort Law as Melodrama - Or Is It Farce?Article by Jeffrey O'Connell & Joseph R. Baldwin
The Torts History Scholarship of Gary Schwartz: A CommentaryArticle by Robert L. Rabin
Reflections on Assumption of RiskArticle by Kenneth W. Simons
Comparative Economic Loss: Lessons from Case-Law-Focused "Middle Theory"Article by Jane Stapleton
Rethinking Tort Doctrine: Visions of a Restatement (Fourth) of TortsArticle by Stephen D. Sugarman
Deterrence and Corrective JusticeArticle by Ernest J. Weinrib
Investment-Backed Expectations and the Politics of Judicial Articulation: The Reintegration of History and the Lockean Mind in Contemporary American JurisprudenceComment by Kraig Odabashian
Targeting Gang Crime: An Analysis of California Penal Code Section 12022.53 and Vicarious Liability for Gang MembersComment by Jennifer Walwyn

Issue 3February 2003; pp. 721–902

By Any Means Necessary: Using Violence and Subversion to Change Unjust LawArticle by Paul Butler
Fair Use Across TimeArticle by Justin Hughes
Tibet and Tax Revolts: Did Serrano Really Cause Proposition 13?Article by Kirk Stark & Jonathan Zasloff
Insider v. Issuer: Resolving and Preventing Insider Trading Compliance Policy DisputesComment by Steven Chasin

Issue 4April 2003; pp. 903–1093

Is the ADA Efficient?Article by J.H. Verkerke
Locking up the Marketplace of Ideas and Locking out School Reform: Courts' Imprudent Treatment of Controversial Teaching in America's Public SchoolsArticle by Kevin G. Welner
Reimagining the Eleventh AmendmentComment by Katherine H. Ku
Dealing with Cryopreserved Embryos upon Divorce: A Contractual Approach Aimed at Preserving Party ExpectationsComment by Sara D. Petersen

Issue 5June 2003; pp. 1095–1301

Anticircumvention MisuseArticle by Dan L. Burk
Democratizing Direct Democracy: Restoring Voter Competence Through Heuristic Cues and "Disclosure Plus"Article by Michael S. Kang
Directors' Duties to Creditors: Power Imbalance and the Financially Distressed CorporationArticle by Jonathan C. Lipson
Of Windfalls and Property Rights: Palazzolo and the Regulatory Takings Notice DebateComment by Max Gibbons

Issue 6August 2003; pp. 1303–1583

The Rise of the Perpetual TrustArticle by Jesse Dukeminier & James E. Krier
Why We Need the Independence Sector: The Behavior, Law, and Ethics of Not-for-Profit HospitalsArticle by Jill R. Horwitz
Taming Patent: Six Steps for Surviving Scary Patent CasesArticle by John Shepard Wiley, Jr.
Searching for Trust in the Not-for-Profit Boardroom: Looking Beyond the Duty of Obedience to Ensure AccountabilityComment by Peggy Sasso
Acknowledging Those Stubborn Facts of History: The Vestiges of SegregationComment by Ryan Tacorda

Volume 49

Issue 1October 2001, pp. 1–470

Constitutional CircularityArticle by Michael Abramowicz
The Character of the Questions and the Fitness of the Process: Mental Health, Bar Admissions, and the Americans with Disabilities ActArticle by Jon Bauer
Not a Spike Lee Joint? Issues in the Authorship of Motion Pictures Under U.S. Copyright LawArticle by F. Jay Dougherty
Unemployment Insurance and Wealth RedistributionArticle by Gillian Lester
State Joint Employer Liability Laws and Pro Se Back Wage Claims in the Garment Industry: A Federalist Approach to a National CrisisComment by Andrew Elmore
Whose Land Is It Anyway?: It's Time to Reconsider Sovereign Immunity From Adverse PossessionComment by Walter Quentin Impert