In this episode, we sit down with UCLA immigration law Professor Hiroshi Motomura to talk about DACA's legal underpinnings as well as the Trump Administration's decision to do away with the Obama-era policy.
Auctions, Taxes, and Air
In recent California litigation, a California Court of Appeals held that California’s greenhouse gas emissions auction was not a form of taxation. This article argues that the court reached the right result. Like the government's sale of any other public resource, emissions auction should not be considered a form of taxation.
Fisher’s Foibles: From Race and Class to Class not Race
Abstract The decision in Fisher II sustained the University of Texas’s use of race in its undergraduate admissions policy, in the face of nearly decade long attack, but on terms that reinscribed the onerous requirements of strict scrutiny on institutions utilizing any form of race-conscious policy. The debate before the Court and the rationales asserted reinforced a framework based on the notion...
Episode 3.2: Law and Disorder, Part I: The Pardon of Joe Arpaio with Professor Hiroshi Motomura
In this episode, we sit down with UCLA Law Professor and Immigration Scholar Hiroshi Motomura to talk about the presidential pardon of former Sheriff of Maricopa County, Joe Arpaio.
Candidate Disclosure and Ballot Access Bills: Novel Questions on Voting and Disclosure
In the wake of Donald Trump's refusal to release his tax returns, legislators in at least twenty-three states have released over forty bills seeking to force presidential candidate tax return transparency. This essay addresses whether these state ballot access measures pass constitutional muster and concludes that they do.
Episode 3.1: On the ACLU and Free Speech with Professor K-Sue Park
In the season premiere of Dialectic, we sit down with Professor K-Sue Park to discuss her recent New York Times op-ed on the ACLU’s decision to defend white supremacists. Professor Park is a Critical Race Studies Fellow at UCLA Law.
The Puzzle of Social Movements in American Legal Theory
In one of the most striking developments in American legal scholarship over the past quarter century, social movements have become central to the study of law. Why has this happened? To answer the question, this article provides an original account of progressive legal theory that reveals how the rise of social movements is a current response to an age-old problem: harnessing law as a force for...
Varieties of Constitutional Experience: Democracy and the Marriage Equality Campaign
Obergefell’s national mandate for marriage equality became possible because marriage equality advocates set out to change social and constitutional meanings by winning over moveable middle voters in ballot question elections. Thus, a new variation on popular constitutionalism was born. The article argues that the same-sex marriage campaign is likely to foreshadow sophisticated social change...