Authoruclalaw

The Camel's Nose Is in the Tent: Rules, Theories, and Slippery Slopes

Slippery slopes have been the topic of a spate of recent literature. In this Article, the authors provide a general theory for understanding and evaluating slippery slope arguments and their associated slippery slope events. The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multilayered, consisting of decisions, rules, theories...

The Failed Jurisprudence of Managed Care, and How to Fix It: Reinterpreting ERISA Preemption

Most Americans receive their healthcare from a managed care organization (MCO), which makes state regulation of MCOs a significant policy issue. Most Americans also obtain their MCO membership through an employer-sponsored benefits plan subject to federal regulation. Consequently, courts must determine whether and to what extent federal law preempts state MCO regulation. Over the last quarter...

Locking in Capital: What Corporate Law Achieved for Business Organizers in the Nineteenth Century

This Article argues that corporate status became popular in the nineteenth century as a way to organize production because of the unique manner in which incorporation permitted organizers to lock in financial capital. Unlike participants in a partnership, shareholders in an incorporated enterprise could not extract capital from the firm without explicit approval of a board of directors charged...

NAFTA as a Symbol on the Border

The North American Free Trade Agreement (NAFTA) has two faces: the real and the symbolic. Although the “real” NAFTA—tariff-free trade, increased investments, and new mechanisms for cooperation on environmental protection within North America—has been substantially successful, NAFTA as a symbol of disappointed hopes for a better life and fear of globalization continues to resonate in the popular...

Open Borders?

U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible reimagination of the meaning and significance of the...

Human Rights and Undocumented Migration Along the Mexican-U.S. Border

The statistics are clear: Between 1990 and 2002, there have been more than 3000 dead and missing unauthorized immigrants and 15,000,000 apprehensions and deportations along the Mexican-U.S. border. The border strategy of U.S. authorities has forced undocumented immigrants to pay higher prices to "coyote guides," providing enormous financial incentives for smuggling. The immediate effect has been...

A Brief History of Race and the U.S.-Mexican Border: Tracing the Trajectories of Conquest

The conquest of Mexico between 1846 and 1848 has largely disappeared from public consciousness as a significant historical event with contemporary consequences. Yet this conquest resulted in the annexation by the United States of approximately one-half of former Mexico, constituting most of the current southwestern United States. In this Article, I describe the roles that race and racism played...

Stating a Title VII Claim for Sexual Orientation Discrimination in the Workplace: The Legal Theories Available After Rene v. MGM Grand Hotel

No federal statute explicitly authorizes victims of workplace sexual orientation discrimination to sue their employers for damages. Nevertheless, many such victims have advanced novel legal theories that analyze sexual orientation discrimination as a kind of sex discrimination, thus bringing sexual orientation discrimination within the protection of Title VII of the Civil Rights Act of 1964. This...