The article explores the approach to administrative law in a period when the executive systematically disregards the expectation of rational, good-faith decision-making and seeks single-mindedly to maximize achievement of its policy objectives.
Administrative Law Without Courts
This article argues that it is a mistake to fixate on courts as the core safeguard in the modern administrative state. The article surveys federal agencies that regulate us in many ways that either evade judicial review entirely or are at least substantially insulated from such review.
California, Climate, and Dormant Foreign Affairs Preemption (Again)
After President Trump withdrew the United States from the Paris Climate Accord, California announced its continued commitment to the cause by entering into agreements to control global temperature increases with other subnational governments from around the world. This comment analyzes possible dormant foreign affairs preemption challenges posed by such agreements.
“Where There Is a Right (Against Excessive Force), There Is Also a Remedy”: Redress for Police Violence Under the Equal Protection Clause
This comment considers the ways in which modern qualified immunity implicates or undermines the Fourteenth Amendment’s Equal Protection Clause. It argues that qualified immunity often deprives victims of police brutality of their only viable remedy. As such, in the context of excessive force claims, qualified immunity violates the Equal Protection Clause and should be overruled.
Losing Historic Filipinotown
The article argues that Historic Filipinotown is a Los Angeles area ripe for development, and the city’s proposal for a North Westlake Design District makes it poised to become the next site of gentrification.
Protecting Mobile Homes as Affordable Housing
The article argues that rent control, despite its shortcomings, may be an essential tool to protect mobile homes market against the effects of real estate interest.
Public Land for Public Good: How Community Groups Are Influencing the Disposition of Public Land to Help Address the Affordable Housing Crisis
The piece highlights local campaigns that have attempted to influence the use or sale of land owned by public entities such as cities or transit agencies.
Living Poor in the Affluent City
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.