Focusing on gentrification as a force for displacement, the author reflects on themes of the essays in this series, organizing them under the topics of causes, consequences, and solutions.
Local Control of Land and Water Resources: Rethinking California’s Eminent Domain Standard
The article considers ramifications of the 2018 condemnation action by County of Inyo seeking approval of the acquisition by eminent domain of three landfills located in Owens Valley of California’s Eastern Sierra Nevada Mountains.
We Shall Not Be Moved: Practitioners' Perspectives on Law and Organizing in Response to California's Housing Crisis
This article analyzes the legal and organizing work of the Los Angeles Center for Community Law and Action.
The Venue Shuffle: Forum Selection Clauses and ERISA
Forum selection clauses are ubiquitous. Historically, the judiciary was hostile to contracts limiting a plaintiff’s venue options. The tide has since turned. Today, lower courts routinely enforce such clauses. This Article challenges this reflexive response in the special context of ERISA cases.
Autonomy in the Family
This Article accomplishes two key goals. First, it offers a novel lens through which to reconsider how best to promote meaningful choice in family form. Second, this Article draws on nonmarital parentage law, as well as the almost entirely overlooked body of what I call “interstitial marriage cases,” to demonstrate that courts are capable of applying more capacious rules that give effect to...
Regulating Bot Speech
Concerns over bot speech have led prominent figures in the world of technology to call for regulations in response to the unique threats bots pose. This work is the first to consider how efforts to regulate bots might run afoul of the First Amendment.
The Problem With Nostalgia (or In Defense Of Alternative Facts)
Language lives in the present, though we often approach it as though it was settled in the past. But those yearning for the meanings of some bygone era, like those endeavoring to deduce a single, correct meaning from the words on a page, are deluded. The intractable problem of induction scuttles these projects, and reveals that we cannot ask “What does it mean?” without also asking, “To whom?”
Behavioral Class Action Law
This Article supplements stagnating class action debates and the traditional law and economics account of class action law with behavioral psychology. It draws on a litany of behavioral tendencies, biases, and pathologies and considers their application to class action practice and Rule 23.