CategoryDiscourse

This short Essay draws three lessons for evidence scholars from Stephen Yeazell’s justly celebrated work in civil procedure. The first lesson is to take history seriously but to be realistic about what it can tell us: to use history to gain perspective, not to recover lost wisdom. The second lesson is to take rulemaking seriously: to think about the processes through which evidence rules are...

Stephen Yeazell has long recognized that changes to case capitalization affect the nature and intensity of civil litigation. So too, writing back in 2001, Yeazell identified the next wave of capital with the capacity to alter the American litigation landscape: third-party litigation finance. In the ensuing decade, that industry, and specifically what I call the “lawyer lending” industry—comprised...

The Tribal Law and Order Act of 2010 was intended to significantly expand the sentencing powers of tribal courts, raising the maximum sentence for a given offense from one year to three. But the Act requires courts that would take advantage of these new powers to provide significant procedural protections to criminal defendants, while failing to provide the funding most tribal courts would need...

The rhetoric of universal healthcare and healthcare for all that pervaded the healthcare debate culminated in the Affordable Care Act’s (ACA’s) passage. The ACA, however offers reduced to no healthcare services for certain noncitizen groups, specifically: (1) recently arrived legal permanent residents, (2) nonimmigrants, and (3) undocumented immigrants. This Article explores how the ACA fails to...

Finance is undergoing a fundamental and technological shift. In the years ahead, there will inevitably be new financial characters and new financial cliffhangers. In this reply to the response of Professor Stephen Bainbridge to my article, The New Investor, I offer commentary on one particular new financial character, then on the general trope of cliffhangers as they relate to financial...

Adam Chodorow’s recent essay, Death and Taxes and Zombies, has alerted the legal world to the dangers posed by the looming zombie apocalypse.  Chodorow successfully demonstrates that existing tax laws are woefully inadequate in a world where the undead outnumber the taxpaying living.  In this Essay, I argue that while tax law may be ill suited to address the zombie apocalypse, federal criminal...

Women in California have the right to abortion protected by statute and the state constitution. Yet for many women, the “right” to abortion is illusory. Most clinics and hospitals that provide abortions are concentrated in urban areas, leaving many counties without a single abortion provider. Practical barriers to access are compounded by California’s sheer size and geography, resulting in...

Each year, the UCLA School of Law presents the Rutter Award for Excellence in Teaching to an outstanding law professor. On March 13, 2013, this honor was given to Professor Patrick D. Goodman. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.

In a recent UCLA Law Review article, The New Investor, 60 UCLA Law Review 678 (2013), Professor Tom Lin argues: Technological advances have made finance faster, larger, more global, more interconnected, and less human. Modern finance is becoming an industry in which the main players are no longer entirely human. Instead, the key players are now cyborgs: part machine, part human. Modern finance is...

Does a judicial decision that vindicates minority rights inevitably give birth to a special kind of backlash, a more virulent reaction than legislation achieving the same result would produce? We examine this question with respect to Roe v. Wade, so often invoked as the paradigmatic case of court-caused backlash, and with the pending marriage cases in mind. As we have shown, conflict over...

Across the country, we see institutions and businesses advocating for the right not to comply with anti-discrimination mandates on the grounds that doing so violates their religious beliefs. Bucolic inns and bakeries close their doors to same-sex couples, businesses seek to deny their workers insurance coverage for contraception, and religiously affiliated schools fire employees because they are...

Disputes over custody and visitation can arise when a marriage ends and one parent comes out as gay or lesbian. The heterosexual parent may seek custody or may seek to restrict the activities of the gay or lesbian parent, or the presence of the parent’s same-sex partner, during visitation. A gay or lesbian parent’s assertion of constitutional rights has not been an effective response to such...

By looking at the nature of data that may be disclosed by governments, Harlan Yu and David Robinson provide an analytical framework that evinces the ambiguities underlying the term “open government data.” While agreeing with their core analysis, I contend that the authors ignore the enabling conditions under which transparency may lead to accountability, notably the publicity and political agency...

Professor Jay Silver’s criticism of the reform proposals put forward in Brian Tamanaha’s book Failing Law Schools displays some characteristic weaknesses of American legal academic culture. These weaknesses include a tendency to make bold assertions about the value of legal scholarship and the effectiveness of law school pedagogy, while at the same time providing no support for these asser-tions...