In the early 1980s, Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi marched back into the federal courts that convicted them during World War II for defying the internment of persons of Japanese descent. Relying on suppressed exculpatory...
In several previous articles, I argued that California's famous school-finance decision, Serrano v. Priest, which required equalized school spending, caused Proposition 13, which decimated property taxes in 1978. In an article in this Review in...
Congress passed the Visual Artists Rights Act (VARA) in 1990 with hopes that a national system of moral rights would serve the purposes of (1) complying with the Berne Convention; (2) providing a uniform system of moral rights protections; (3)...
Because American courts do not traditionally provide for a prevailing party to recover attorneys' fees, the finance of civil lawsuits presents numerous problems for litigants. Insurance and contingent fees solve some of these problems, but in recent...
This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking...
While political speech-speech intended to influence political decisions-is afforded the highest protection under the First Amendment, adjudicative speech-speech intended to influence court decisions-is regularly and systematically constrained by...