Recognizing Judge Tashima
Conference in Honor of Judge A. Wallace Tashima: Introduction
Preemption as a Tool of Misclassification
Abstract The Federal Aviation Administration Authorization Act (FAAAA)—which prohibits state and local regulation “related to a price, route, or service” of interstate trucking firms—is a statute with enormous legal and economic significance that operates largely in the dark. This Article seeks to bring the FAAAA to light, explain what is at stake in its interpretation, and argue against its...
Transcending Time and Place: Judge A. Wallace Tashima and the Liberation of LGBT Identity
Health Care’s Market Bureaucracy
Abstract The last several decades of health law and policy have been built on a foundation of economic theory. This theory supported the proliferation of market-based policies that promised maximum efficiency and minimal bureaucracy. Neither of these promises has been realized. A mounting body of empirical research discussed in this Article makes clear that leading market-based health care...
How Much Electoral Participation Does Democracy Require? The Case for Minimum Turnout Requirements in Candidate Elections
Abstract Elections are the linchpin of a representative democracy’s legitimacy and power. In the absence ofelectoral participation by a critical mass of the population, a society cannot meaningfully claim to be democratically governed. Persistently low voter turnout decreases the quality and equality of political representation in the United States and jeopardizes the integrity of our system of...
The Shifting Frontiers of Standing: How Litigation over Border Wall Funding is Exposing Standing's Current Doctrinal Fault Lines
Abstract When President Trump announced that he was diverting funds from other items in the federal budget to satisfy a campaign promise to build a wall on the U.S.–Mexico border, a range of litigants lined up to challenge this action in the courts, including nonprofit organizations; state governments; the border county of El Paso, Texas; and the U.S. House of Representatives. At the heart of...