This Essay uses the opportunity to examine Roe v. Wade forty years after it was decided and Lawrence v. Texas ten years after it was decided as a platform from which to analyze the status of the civil rights paradigm in American law. A comparison of the two decisions illustrates an important and new point about how civil rights law is deployed to achieve very different goals. What civil rights...
Equality Arguments for Abortion Rights
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the forty years since Roe, the U.S. Supreme Court has come to understand the abortion right as an equality right, as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time...
Human Rights, Labor, and the Prevention of Human Trafficking: A Response to A Labor Paradigm for Human Trafficking
This Essay responds to an article by Hila Shamir previously published in the UCLA Law Review, in which she suggests that human rights has failed as a framework for addressing human trafficking and that instead a labor model would be more successful. Although her article identifies potentially important benefits of a labor perspective, the binary framework it establishes, pitting human rights and...
Call for Faculty Proposals for UCLA Law Review Symposium
UCLA Law Review is now accepting faculty proposals for our next symposium! Visit our Call for Proposals page for more information and our Past Symposia page to see the topics that we have covered in past symposia.
UCLA Law Review Scholar Forum: "The New Investor"
Law Review’s Spring Scholar Forum for the 2012-13 academic year featuring Professor Tom C.W. Lin will be held on Thursday, October 18, at 12:15 p.m., in Room 1347. Professor Stephen Bainbridge (UCLA School of Law) will give a formal response. Non Pizza lunch will be served. Professor Lin, whose article “The New Investor” will be published in the February issue (vol. 60, issue 3), comes from the...
Urban Bias, Rural Sexual Minorities, and the Courts
Urban bias shapes social perceptions about sexual minorities. Predominant cultural narratives geographically situate sexual minorities in urban gay communities, dictate the contours of how to be a modern gay person, and urge sexual minorities to come out and assimilate into gay communities and culture. This Article contests the urban presumption commonly applied to all sexual minorities and...
The New Investor
A sea change is happening in finance. Machines appear to be on the rise and humans on the decline. Human endeavors have become unmanned endeavors. Human thought and human deliberation have been replaced by computerized analysis and mathematical models. Technological advances have made finance faster, larger, more global, more interconnected, and less human. Modern finance is becoming an industry...
The Fate of the Collateral Source Rule After Healthcare Reform
The passage of the Patient Protection and Affordable Care Act (PPACA) brought vast changes to the world of health insurance. Although much of the focus has been on the individual mandate provision’s constitutionality, this Comment explores a less- mentioned but equally important implication of PPACA: a change to the rationales behind the common law collateral source rule. The collateral source...