Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state- centric presumptions that render its response to business ad hoc and unprincipled. This Article makes three principal contributions. First, it draws from case studies to demonstrate the significance of business participation in...
Choosing Constitutional Remedies
When a judge finds that a statute violates the Constitution, the statute must give way. But in many cases, there is more than one way for a judge to remedy the conflict between a statute and the Constitution. And in choosing which remedy to impose, there is usually no external source of law telling the judge what to do. They alone must decide which remedy is best. How should judges exercise this...
Judging Third-Party Funding
Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity—called a “third-party funder”—could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party’s legal representation in return for a profit. Third-party funding is a controversial, dynamic...
The Courtroom as White Space: Racial Performance as Noncredibility
Central to critical race theory (CRT) is the notion that law is constitutive (and not merely reflective) of race. This Comment operates within the CRT tradition to point to the development of the courtroom as white space and the construction of legal narrative and legal truth as distinctly white. It traces the exclusion of people of color from the courtroom to create a courtroom comprised of only...
Red Belt, Green Hunt, Gray Law: India’s Naxalite-Maoist Insurgency and the Law of Non-International Armed Conflict
The practical application of international humanitarian law to a potential non- international armed conflict is unclear in case law and other literature. This Comment fills this lacuna by clarifying existing legal standards, reconciling the inconsistent application of these standards, and honing the law of non-international armed conflict. Specifically, this Comment focuses on the two essential...
Episode 1.1: Super PAC Insurance With Nick Warshaw
In this episode, we interview author Nick Warshaw, whose comment Forget Congress: Reforming Campaign Finance Through Mutually Assured Destruction is published in issue 63.1 of the UCLA Law Review. Tune in to hear us ask Nick about American elections, Super PACs, and the future of campaign finance.
Exhausting Patents
A bedrock principle of patent law—patent exhaustion—proclaims that an authorized sale of a patented article exhausts the patentee’s rights with respect to the article sold. Over one hundred and fifty years of case law, however, has produced two conflicting notions of patent exhaustion, one considering exhaustion to be mandatory regardless of whether the patentee subjects the sale to express...
Post-Deportation Remedy and Windsor's Promise
Since 1996, the Defense of Marriage Act (DOMA) defined marriage for federal purposes as the union between a man and a woman. As same-sex marriage became legal across the United States, DOMA created a situation in which same-sex married couples could not access federal immigration benefits based on their married status. In some cases, this meant that noncitizens were removed from the United States...