Each year, the UCLA School of Law presents the Rutter Award for Excellence in Teaching to an outstanding law professor. On April 3, 2012, this honor was given to Professor Pavel Wonsowicz. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.
Forthcoming Symposium: Twenty-First Century Litigation: Pathologies and Possibilities A Symposium in Honor of Stephen Yeazell
It is with great pleasure that we announce the 2012-2013 Symposium topic: Twenty-First Century Litigation: Pathologies and Possibilities A Symposium in Honor of Stephen Yeazell We thank Professors Joanna Schwartz and Jennifer Mnookin for submitting the selected proposal that examines the state of modern civil litigation and, in so doing, celebrates the work of Professor Yeazell. He is the leading...
Reconciling Caperton and Citizens United: When Campaign Spending Should Compel Recusal of Elected Officials
Two recent high-profile U.S. Supreme Court decisions—Caperton and Citizens United—promise to fundamentally alter the landscape of campaign finance at all levels of government. At first glance, however, their holdings appear to be in considerable tension with one another. This Comment argues that we should overcome this tension by reading the decisions with reference to the form of power exercised...
More Than Just a Formality: Instant Authorship and Copyright’s Opt-Out Future in the Digital Age
The digital age has forever changed the role of copyright in promoting the progress of science and the arts. The era of instant authorship has provided copyright to countless authors who are not motivated by copyright incentives. It has also made it impracticable for copyright to return to a system requiring author adherence to formalities, such as notice and registration. Though many...
The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism
The field of intellectual property (IP) law today is focused, as the name itself advertises, on one particular institutional approach to scientific and cultural production: IP. When legal scholars explain this focus, they typically do so with reference to the virtues of price. Because price gives us a decentralized way to link social welfare to the production of information, IP is alleged to be...
Congress in Court
Congress rarely participates in litigation about the meaning of federal law. By contrast, the executive branch joins in federal litigation on a regular basis as either a party or amicus curiae. Congress simply assumes that the president’s lawyers adequately represent its interests save in those rare instances when the two branches have a direct conflict. This Article questions that assumption...
Liability Holding Companies
An international debate continues to unfold in banking, corporate governance, and finance on whether the capital structure of the world’s largest financial institutions is too heavily dependent on debt, too little on equity. Two of us, with coauthors, have argued elsewhere that there is no socially beneficial purpose for this overreliance on debt, and that such reliance increases the likelihood...
test
Without much fanfare, at least two federal agencies—the Department of Transportation (DOT) and the Environmental Protection Agency (EPA)—have recently made changes to their cost–benefit analysis procedures. The changes are technical and may not seem especially exciting, even to those predisposed to read regulatory impact analyses. But they have the potential to affect substantive regulations...