Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried...
Immigration Detention as Punishment
Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court’s instruction that detention’s civil or penal character turns on legislative intent and...
Toward a Theory of Equitable Federated Regionalism in Public Education
School quality and resources vary dramatically across school district boundary lines. Students who live mere miles apart have access to disparate educational opportunities based on which side of a school district boundary line their home is located. Owing in large part to metropolitan fragmentation, most school districts and the larger localities in which they are situated are segregated by race...
The Dark Side of the First Amendment
Each year, the UCLA School of Law hosts the Melville B. Nimmer Memorial Lecture. Since 1986, the lecture series has served as a forum for leading scholars in the fields of copyright and First Amendment law. In recent years, the lecture has been presented by many distinguished scholars. The UCLA Law Review has published these lectures and proudly continues that tradition by publishing an Article...
Misdiagnosing the Impact of Neuroimages in the Courtroom
Neuroimages and, more generally, neuroscience evidence are increasingly used in the courtroom in hope of mitigating punishment in criminal cases. Many legal commentators express concern because they fear that the prejudicial effect of such evidence significantly outweighs its probative value. In light of earlier empirical studies, this concern is predominantly directed toward the visual impact of...
Under the (Territorial) Sea: Reforming U.S. Mining Law for Earth’s Final Frontier
As mineral prices continue to rise and high-quality terrestrial supplies dwindle, hardrock mining will soon spread to the one place on this planet it currently does not occur: underwater. The United States has regulations permitting the issuance of offshore mineral leases, but these regulations rest on questionable authority from 1953 and are already obsolete even though they have never been used...
Expressive Enforcement
Laws send messages, some of which may be heard at the moment of enactment. But much of a law’s expressive impact is bound up in its enforcement. Although scholars have extensively debated the wisdom of expressive legislation, their discussions in the context of domestic criminal law have focused largely on enactment-related messaging, rather than on expressive enforcement. This Article uses hate...
Fast and Furious, or Slow and Steady? The Flow of Guns From the United States to Mexico
This empirical legal study examines Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) trace data from crime guns seized in Mexico and traced back to their states of origin in the United States. It uses Ordinary Least Squares (OLS) regression to analyze the relationship between U.S. states’ crime gun export rates to Mexico and state gun control laws. The presence of four state gun control...