This special issue contains several papers presented at a workshop held at Columbia Law School in May 2017, which brought together investment law scholars to consider the legal construction and protection of expectations as objects of property in varied contexts and areas of law, from federal land policy to international investment law.
The “Morality Provision” of trademark law prohibits the registration of trademarks that are immoral or scandalous. This essay exposes how the Morality Provision is abused by individuals who do not have any real interest in the proposed trademark, but who morally disapprove of the trademark owner or its commercial activities.
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