Authoruclalaw

There remains law in the United States that discriminates against African Americans. Important legal advancements in racial justice in the United States historically have been accomplished by tactics that included subversion and violence. This Article evaluates the use of subversion and violence to change contemporary law perceived as discriminatory, when traditional methods are ineffective or...

This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for...

In this Article, we examine the relationship between Serrano v. Priest, the California Supreme Court's landmark school finance equalization decision, and Proposition 13, the state's famous property tax revolt. As school finance litigation continues in several states, opponents of equalization schemes have argued that Serrano "caused" Proposition 13. Prior to Serrano, the argument goes...

During the 1990s, the use of stock-based compensation by U.S. companies skyrocketed. Many companies bound their officers and employees to insider trading compliance policies, requiring personnel to pre-clear proposed transactions in company securities with a compliance officer. These policies, however, frequently fail to stipulate the precise level of discretion afforded the compliance officer...

This Article examines the historical scholarship of Gary Schwartz, spanning the Industrial Revolution to the late twentieth century. Schwartz set out to show that the fault principle had far deeper historical roots, both before and during the Industrial Revolution, than prominent American tort scholarship recognized-and correspondingly, that late twentieth-century tort law developments in many...

Despite calls for the abolition of assumption of risk, and for its merger within comparative fault, the doctrine survives in some jurisdictions, and its spirit endures in most, if not all. The consensual rationale underlying assumption of risk is distinctive, important, and not easily reducible to the paradigm of victim fault. That rationale helps shape many of the no-duty and limited-duty rules...

In common law jurisdictions outside the United States, Gary Schwartz was the most highly regarded American torts scholar of his time, not least because of the similarity of his approach to the approach adopted by the vast majority of common law scholars outside the United States. This case-law-focused middle theory seeks to promote legal reasoning that is precise, internally coherent, and...