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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...

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...

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...

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...

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...