Abstract: This Article opens a new area of study at the intersection of federalism and privatization. The Supremacy Clause was designed to resolve inevitable conflicts between two sovereign powers. It was not designed for the triangulated clashes amassing in our privatized era—between states and private actors doing federal work.The post Supremacy, Inc.! appeared first on UCLA Law Review. PubDate: Tue, 08 Oct 2019 01:20:36 +000
Abstract: Each year, the UCLA School of Law presents the William Rutter Award for Excellence in Teaching to an outstanding law professor. On April 22, 2019, this honor was given to Professor Beth Colgan. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.The post Honoring My Teachers: 2019 Rutter Award Acceptance Speech appeared first on UCLA Law Review. PubDate: Tue, 08 Oct 2019 01:08:25 +000
Abstract: The critical literature on copyright law’s fair use rule is enormous, with much of the recent spilling of ink bemoaning the overuse of transformativeness as a decisive factor in the case law. Many courts now consider whether a secondary user has added value to a work by including new insights or new aesthetics to be critical in resolving fair use disputes, even if the amount taken from the original is extensive. An unfortunate impact of that judicial trend has been to overshadow the importance of other factors that should be taken into account, but often are not. One of the ignored issues is the negative impact that users’ actions may have on third parties who are not directly involved in an intellectual property disagreement. This brief Article tackles this oversight, first by providing a short overview of a segment of fair use law and second by reviewing a judicial example that vividly displays the problem and strongly suggests a need for the reconfiguration of fair use doctrine.The post Brief Thoughts on Fair Use and Third-Party Harm: Another Reappraisal of Patrick Cariou v. Richard Prince appeared first on UCLA Law Review. PubDate: Tue, 17 Sep 2019 03:28:05 +000
Abstract: The post Episode 5.1: Criminalizing Survival: Homelessness and the Law appeared first on UCLA Law Review. PubDate: Tue, 17 Sep 2019 02:59:43 +000
Abstract: This article evaluates such an idea insofar as it could potentially constitute a bill of attainder, be applied retroactively, or violate a president’s constitutional rights. Ultimately, the article concludes that the bill would pass judicial scrutiny, whether it could be used in the way Nadler envisioned—namely going after the Oval Office’s current occupant—is a matter of timing, not constitutional law.The post Evaluating a Proposed Presidential Reform: Tolling Statutes of Limitations appeared first on UCLA Law Review. PubDate: Fri, 16 Aug 2019 18:43:00 +000
Abstract: In “Can Free Speech Be Progressive',” Louis Michael Seidman claims that cheap speech, like that found on Twitter, is not really cheap, and is not helpful to progressives—because it relies too heavily on capital. In the era of #metoo and #blacklivesmatter, it seems that Seidman is wrong about cheap speech. Cheap speech exists, and Read MoreThe post Keeping Speech Cheap: The Progressive Case for a Free Internet: In Response to Can Speech Be Progressive' by Louis Michael Seidman appeared first on UCLA Law Review. PubDate: Mon, 05 Aug 2019 18:36:07 +000
Abstract: This Comment explains how President Trump’s changes to immigration enforcement and attempt to rescind DACA have affected undocumented students, and proposes that the student-university relationship both legally permits and morally obligates postsecondary institutions to adopt policies that protect and insulate undocumented students from the harmful effects of these changing policies.The post Sanctuary Campuses: The University’s Role in Protecting Undocumented Students From Changing Immigration Policies appeared first on UCLA Law Review. PubDate: Mon, 29 Jul 2019 17:03:10 +000
Abstract: This piece takes issue with Bridget Crawford and Michelle Simon’s argument in their article about the recent Supreme Court case North Carolina Department of Revenue v. Kaestner Family Trust (argued May 16, 2019) (The Supreme Court, Due Process and State Income Taxation of Trusts (67 UCLA L. Rev. Disc. 2 (2019)).The post Due Process, State Taxation of Trusts and the Myth of the Powerless Beneficiary: A Response to Bridget Crawford and Michelle Simon appeared first on UCLA Law Review. PubDate: Mon, 24 Jun 2019 05:11:38 +000
Abstract: Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the diversity of judges matters to citizens’ perceptions of justice as well as to judicial accountability to minority citizens’ interests, this paper suggests that President Trump’s “whitewashing” of the federal judiciary will have grave consequences for the legitimacy and effective functioning of our courts on behalf of an increasingly diverse citizenry.The post Trump's Dangerous Judicial Legacy appeared first on UCLA Law Review. PubDate: Thu, 13 Jun 2019 02:43:17 +000
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Abstract: We measure the evolution of the common law using a comprehensive data set of cases regarding the enforceability of online consumer contracts. We find a steady decline in the number of cases adjudicated in state courts relative to federal courts, and a parallel rise in class actions migrating to federal courts. Erie notwithstanding, the common law is driven by federal court decisions, building incrementally on each other rather than state law. Rather than the law resolving hierarchically, we identify a “tournament effect” in which the law settles on one or a few influential decisions regardless of the state law that the case may have arisen under.The post The Hollowed Out Common Law appeared first on UCLA Law Review. PubDate: Mon, 03 Jun 2019 07:00:00 +000
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