For nearly three decades, the U.S. Supreme Court has struggled with the proper treatment of administrative action that departs from agency precedent. Moving toward a stronger theoretical account of administrative change requires exploring an...
The U.S. Constitution provides a criminal defendant with a right to trial by jury, and most states and the federal government require criminal juries to agree unanimously before a defendant may be convicted. But what exactly must a jury agree upon...
Arbitration has changed dramatically since Congress enacted the Federal Arbitration Act in 1925. Increasingly, unsophisticated parties are asked to enter into binding arbitration agreements before any dispute has arisen. As a result, mandatory laws...
Once reserved for high profile cases or clients with “deep pockets,” juror investigations have become increasingly common in the digital age. With a couple of keystrokes, attorneys can now uncover a wealth of information about jurors online. This...
The purpose of 28 U.S.C. § 1500, “Pendency of claims in other courts,” is to force upon plaintiffs suing the federal government a mutually exclusive election between either the U.S. Court of Federal Claims (CFC) or other courts, so as to minimize...
Each year, the UCLA Law Review hosts a Symposium featuring cutting-edge scholarship by leading specialists in an emerging legal field. On January 28, 2011, thirteen scholars engaged in a stimulating and productive conversation on contemporary...