Abstract The decision in Fisher II sustained the University of Texas’s use of race in its undergraduate admissions policy, in the face of nearly decade long attack, but on terms that reinscribed the onerous requirements of strict scrutiny on institutions utilizing any form of race-conscious policy. The debate before the Court and the rationales asserted
In recent California litigation, a California Court of Appeals held that California’s greenhouse gas emissions auction was not a form of taxation. This article argues that the court reached the right result. Like the government's sale of any other public resource, emissions auction should not be considered a form of taxation.
In the wake of Donald Trump's refusal to release his tax returns, legislators in at least twenty-three states have released over forty bills seeking to force presidential candidate tax return transparency. This essay addresses whether these state ballot access measures pass constitutional muster and concludes that they do.
Abstract Do white students enjoy an unfair advantage as compared to Asian Americans in admissions to certain universities? This Article explains the proper legal comparison under settled civil rights law for making this determination based on the number of white and Asian American applicants and admits for a given admissions cycle. This Article also raises
Food policy remains one of the main levers by which we can work to address some of the most intractable problems of our time because of food’s effect on health, the environment, and the economy. The article considers the implications of the Trump administration’s policies in this arena.
Abstract What may state legislators do to prevent actions that they believe endanger private property interests and undermine the economic interests of industries important to their constituents? What laws can they enact to restrict the speech of those who disagree with those interests? What limits can they place on free speech in a contest pitting
On October 23, 2016, the UCLA School of Law hosted a memorial to celebrate the life of Professor Skye Donald, whose battle with cancer ended on October 16, 2016. Family, friends, colleagues, and students gathered to remember Professor Donald for the joy she brought to the world, and the lasting impression she will continue to
Foreword - Imagining the Legal Landscape: Technology and the Law in 2030 Jennifer L. Mnookin & Richard M. Re Legal scholarship tends to focus on the past, the present, or the relatively visible, near-term future. And that’s understandable: the challenges that loom many years away often aren’t susceptible to confident claims or carefully worked out