In this Article, we examine the relationship between Serrano v. Priest, the California Supreme Court's landmark school finance equalization decision, and Proposition 13, the state's famous property tax revolt. As school finance litigation continues in several states, opponents of equalization schemes have argued that Serrano "caused" Proposition 13. Prior to Serrano, the argument goes...
Insider v. Issuer: Resolving and Preventing Insider Trading Compliance Policy Disputes
During the 1990s, the use of stock-based compensation by U.S. companies skyrocketed. Many companies bound their officers and employees to insider trading compliance policies, requiring personnel to pre-clear proposed transactions in company securities with a compliance officer. These policies, however, frequently fail to stipulate the precise level of discretion afforded the compliance officer...
Remembering Gary
Deterrence and Corrective Justice
This Article considers, from the standpoint of corrective justice, Gary Schwartz's suggestion that tort law should be understood through a mixed theory that affirms both corrective justice and deterrence. When corrective justice and deterrence are both treated as determinants of tort norms, such a mixed theory is impossible, given that corrective justice treats the parties relationally and...
The Dauntless Gary Schwartz
Investment-Backed Expectations and the Politics of Judicial Articulation: The Reintegration of History and the Lockean Mind in Contemporary American Jurisprudence
The Fifth Amendment's Just Compensation Clause is a revealing reflection of the Framers' vigilance in preserving property rights and maintaining a balance of power between citizen and state, especially in the specific context of eminent domain. The principle that the state should be generally forbidden from taking private property for public use without just compensation is a leading motif in the...
Gary Schwartz: Energy, Intellect, and Exuberance
Targeting Gang Crime: An Analysis of California Penal Code Section 12022.53 and Vicarious Liability for Gang Members
In this Comment, Jennifer Walwyn examines California Penal Code section 12022.53 and the controversy among the California Courts of Appeal surrounding the vicarious application of firearm sentence enhancements to aiders and abettors of gang crime. She explores the traditional doctrines of conspiracy and aider-and-abettor liability and contrasts those doctrines with the operation of statutory...
Gary Schwartz
This Is Gary
Remembering Gary Schwartz
Remembering Gary - And Tort Theory
Proximate Cause Decoded
Some have seen the doctrine of proximate cause as an especially incoherent feature of negligence law. This Article demonstrates that the doctrine is far more regular than many have supposed. Proximate cause is really two doctrines at the same time, one directed toward cases with multiple causes and another directed toward cases with multiple risks. Each doctrine includes distinct paradigms...