Authoruclalaw

Due Process, State Taxation of Trusts and the Myth of the Powerless Beneficiary: A Response to Bridget Crawford and Michelle Simon

This piece takes issue with Bridget Crawford and Michelle Simon’s argument in their article about the recent Supreme Court case North Carolina Department of Revenue v. Kaestner Family Trust (argued May 16, 2019) (The Supreme Court, Due Process and State Income Taxation of Trusts (67 UCLA L. Rev. Disc. 2 (2019)).

Trump's Dangerous Judicial Legacy

Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the diversity of judges matters to citizens’ perceptions of justice as well as to judicial accountability to minority citizens’ interests, this paper suggests...

Codification and the Hidden Work of Congress

This Article provides the first in-depth scholarly examination of the process by which enacted laws are organized and presented for public consumption, known as codification, a process that has mostly escaped the notice of judges and scholars of legislation, and even fails to make it into textbooks meant to introduce lawyers to the creation and interpretation of law. It argues that the failure to...

Antitrust as Allocator of Coordination Rights

The reigning antitrust paradigm has turned “competition” into a talisman, even as antitrust law has functioned in reality to allocate economic coordination rights. Thus, “competition” and its companion “efficiency” have been selectively deployed to attack disfavored forms of economic coordination, both within antitrust and without. These include horizontal coordination beyond firm boundaries...

The Hollowed Out Common Law

We measure the evolution of the common law using a comprehensive data set of cases regarding the enforceability of online consumer contracts. We find a steady decline in the number of cases adjudicated in state courts relative to federal courts, and a parallel rise in class actions migrating to federal courts. Erie notwithstanding, the common law is driven by federal court decisions, building...

Race as Unintellectual

Race as Unintellectual presents the results of a comparative interview study of black law students and social science students at both a predominantly white institution (PWI) and a historically black university (HBCU).The article suggests that to truly foster “a robust exchange of ideas” universities should think more about the institutional cultures that minority students enter after they are...

How Not to Lie About Affirmative Action

This Article empirically examines the six primary deficiencies impacting extant research on affirmative action in law schools and highlights how inattention to—and sometimes outright disregard for—these issues continues to muddy the debate over affirmative action.