Abstract This Article employs the Law Review’s Discourse symposium on my book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, as a starting point to foreground and elaborate on an idea that I reference in that text: police power abolition. The Article begins by describing the central insight that motivates Unreasonable—namely, that simply limiting the frequency with which the...
Easy Cases and Hard Cases: Reflections on Law School Pedagogy
Abstract
Each year, the UCLA School of Law presents the Rutter Award for Excellence in Teaching to an outstanding law professor. On Thursday, April 14, 2024, this honor was given to Dean Russell Korobkin. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.
A Corporate Governance Proposal for Reforming Regulation D
Abstract This Comment argues that the explosive growth of Regulation D private offerings has outpaced the investor-protection foundations of federal securities laws. With minimal required disclosure and a lack of regulatory oversight, the Regulation D framework creates material information asymmetries for and collective action problems among investors. Previous reform proposals—expanding Form D...
Zoning the Subsurface
Abstract The vast rock formations underlying the United States stand at an important Demsetzian turning point, at which the externalities of inadequately defined property rights justify the costs of solidifying formal property rights for this resource. This need arises from the growing scarcity of pore space (tiny openings) in subsurface rocks—property that is critical to address climate change...
Beyond Caste Carcerality: Re-Imagining Justice in Sexual Violence Cases
Abstract This Article utilizes Critical Dalit Feminism to uncover the intersectional impact of gender and caste hegemonies in cases of sexual violence in India. It challenges the conventional wisdom that doctrinal approaches that rely on punitive measures can solve the pervasive and imbricated issue of sexual violence. It also examines the sociolegal barriers influenced by a legacy of caste-based...
Standing’s Double Standard
Abstract In 303 Creative v. Elenis, the Supreme Court effectively exempted plaintiff Lorie Smith from Colorado’s LGBT-inclusive nondiscrimination law, allowing her to refuse service to same-sex couples if she opens a business designing wedding websites. The Court upended substantive nondiscrimination law, but the opinion also has important implications for standing doctrine. Although standing...
Fascist Government Speech
Abstract On the day he was sworn in for a second term, President Donald Trump issued pardons and commutations to all of his supporters who attacked the U.S. Capitol on January 6, 2021. This sweeping act of clemency gave legal effect to a longstanding grievance: since the attack, which disrupted congressional certification of his 2020 election defeat, President Trump has consistently glorified the...
Teaching in a Time of Retrenchment
Abstract Constitutional law is the lodestar for law teaching in the United States and is often referred to as the supreme law of the land. But how are this and related bodies of law to be taught? And what should law students learn when ideological shifts in the Supreme Court lead to radical shifts in Constitutional interpretation? This Essay uses the Dobbs case as the epitome of the Supreme...