Aug 26, 2022 | Volume 72
Symposium Cosponsored with the Center for Litigation and Courts and the National Civil Justice Institute “The Internet and the Law: Legal Challenges in the New Digital Age” UC Hastings Law, November 6–7,...
May 23, 2026 | UC Law Justitia
Daniel A. Farber Full...
May 17, 2026 | UC Law Justitia
Nicole Ozer, Brady Hirsch Volume 77, May 2026 Full...
May 4, 2026 | UC Law Justitia
Drake Trent Volume 77, May 2026 State executive officers have historically refused or failed to enforce certain state laws, but in recent years selective enforcement has become increasingly pervasive. This trend poses a particular danger to popular sovereignty in...
May 1, 2026 | Volume 77, Issue 4
Woodrow Hartzog & Jessica Silbey Volume 77, Issue 4, 727-770 Civic institutions—like the rule of law, higher education, and a free press—are the backbone of democratic life. They are the mechanisms through which complex societies encourage cooperation and...
May 1, 2026 | Volume 77, Issue 4
Rebecca Bratspies Volume 77, Issue 4, 771-820 How come I can’t breathe at home and y’all get to breathe at home? The idea that some people may freely poison others is one of the most astonishing but least contested aspects of modern life. Setting environmental...
May 1, 2026 | Volume 77, Issue 4
Shu-Yi Oei & Diane M. Ring Volume 77, Issue 4, 821-878 Major global players—most prominently the Organisation for Economic Cooperation and Development (OECD) and European Union—have recently begun advocating that countries “declutter” their tax systems to tidy up,...
May 1, 2026 | Volume 77, Issue 4
Dana Bazelon Volume 77, Issue 4, 879-938 One of the persistent questions of criminal law is how prosecutorial authority is allocated among different sovereign entities: Courts and scholars have wrestled time and again with questions of how criminal enforcement power...
May 1, 2026 | Volume 77, Issue 4
Julia Hunter Volume 77, Issue 4, 939-980 Just as it seems strange to lawyers in 1990 that in the early part of the twentieth century the federal Bill of Rights did not extend to protection of individuals against state government, future generations may look back and...
May 1, 2026 | Volume 77, Issue 4
Saamia Aziz Volume 77, Issue 4, 981-1004 The United States offers immigration pathways based on economic contribution, yet this principle is applied inconsistently across employment-based (EB) visa preference categories. While the EB-1, EB-2, and EB-3 visas require...
Mar 1, 2026 | Volume 77, Issue 3
Reuven S. Avi-Yonah, Doron Narotzki, and Tamir Shanan Volume 77, Issue 3, 497-554 Modern legal scholarship has largely relegated tariffs to economic analysis, overlooking their legal and policy significance. This Article challenges that view by examining tariffs as a...
Mar 1, 2026 | Volume 77, Issue 3
Lisa Waters Volume 77, Issue 3, 555-612 In the late twentieth century, the boom of forensic disciplines in criminal prosecutions helped drive mass incarceration to an all-time high. Yet scientific and legal inquiry revealed a disturbing truth: Most forensic methods...
Mar 1, 2026 | Volume 77, Issue 3
Jonathan Abel Volume 77, Issue 3, 613-658 This Article answers a crucial empirical question at the heart of the scholarly and judicial debates about the laws governing felon-in-possession of a firearm: How often do defendants charged with this offense have violent...
Mar 1, 2026 | Volume 77, Issue 3
Celeste Greaves Volume 77, Issue 3, 659-688 Artificial intelligence (“AI”) burst onto the legal scene and will soon revolutionize practice altogether. Despite enduring technical issues, like hallucinations and implicit bias, AI’s capabilities and potential benefits...
Mar 1, 2026 | Volume 77, Issue 3
Kevin Afiesh Volume 77, Issue 3, 689-726 The legal landscape for generative artificial intelligence (AI) and copyright is now shaped more by private settlements that overwhelmingly favor copyright holders than by courts or legislators. As AI companies rely on...
Feb 28, 2026 | Volume 77, Issue 2
Craig Konnoth Volume 77, Issue 2, 289-322 As states have increasingly restricted gender affirming care for minors across the nation (reinforced by a recent Executive Order by President Trump), and though the Supreme Court ruled on one such state ban, a powerful...
Feb 28, 2026 | Volume 77, Issue 2
Norman W. Spaulding Volume 77, Issue 2, 323-378 The purpose of jurisdictional rules is to provide reasonably clear signals about when a court does and does not have power over a case. Judging from the modern Supreme Court’s rules for determining jurisdiction, however,...
Feb 28, 2026 | Volume 77, Issue 2
Isaac Bloch Volume 77, Issue 2, 379-428 The large-scale deportation of non-citizens has become a preeminent policy issue. Unfortunately, executive curtailment of immigrant communities’ liberty is not without historical parallels. During World War II, federal officials...
Feb 28, 2026 | Volume 77, Issue 2
Eli Mizock Volume 77, Issue 2, 429-458 Fire disasters have become an inevitability for California residents. After a fire disaster, the public is primarily concerned with compensating the victims. However, securities fraud class actions brought by shareholders of the...
Feb 28, 2026 | Volume 77, Issue 2
Gabriel Renneisen Volume 77, Issue 2, 459-500 In the wake of Rucho v. Common Cause, partisan gerrymandering remains a nonjusticiable political question. This retreat from judicial oversight leaves a significant gap in the protection of democratic governance. The...
Jan 31, 2026 | Volume 77, Special Issue
Scott Dodson Volume 77, Special Issue, 1-4 When I first learned of my colleague and mentor Rick Marcus’s intention to retire, I immediately thought to spearhead this written symposium in his honor. I organized one for Geoff Hazard in 2019, and Rick struck me as...
Jan 31, 2026 | Volume 77, Special Issue
Edward H. Cooper Volume 77, Special Issue, 5-10 Rick Marcus retiring? Not possible. No way. Well, I might be persuaded that he will retire from the job with a paycheck. Retiring will leave him free to go full speed ahead, engaging in the full range of his abiding...
Jan 31, 2026 | Volume 77, Special Issue
Judge Lee H. Rosenthal Volume 77, Special Issue, 11-16 I love proceduralists. I wasn’t sure why I found them such interesting and admirable people until I asked Professor Richard Marcus why he had chosen civil procedure as his life’s work. His answer was quick and...
Jan 31, 2026 | Volume 77, Special Issue
David L. Faigman Volume 77, Special Issue, 17-21 In every respect, Emeritus Distinguished Professor of Law and Horace O. Coil Chair in Litigation, Richard Marcus—“Rick” to everyone who knows him—is the quintessential academic. Indeed, if one were writing a movie that...
Jan 31, 2026 | Volume 77, Special Issue
Elizabeth J. Cabraser Volume 77, Special Issue, 21-25 Many lawyers are forever indebted to Rick Marcus as a consummate professor of civil procedure, who merges the theoretical with the practical. Professor Marcus enables the students he teaches to not only think like...
Jan 31, 2026 | Volume 77, Special Issue
Steve Gensler Volume 77, Special Issue, 25-30 Rick Marcus rules! (Bad pun intended.) No, those aren’t my three words about Rick Marcus. Nor am I going to write that Rick is prolific, or brilliant, or gracious, or generous of spirit, or any of the other words one could...
Jan 31, 2026 | Volume 77, Special Issue
Judge Robert M. Dow, Jr. Volume 77, Special Issue, 31-34 My introduction to Professor Richard Marcus took place on my first day of law school. It was, as we now would say, a virtual encounter. Rick was present in the form of a not inexpensive textbook: Marcus, Redish,...
Jan 31, 2026 | Volume 77, Special Issue
Andrew Bradt Volume 77, Special Issue, 35-39 There is only one Rick Marcus. Of course, when one considers the sum of his contributions to American law—as a teacher, scholar, mentor, and public servant—it’s remarkable that there is only one Rick Marcus. I have had the...
Jan 31, 2026 | Volume 77, Special Issue
Deborah R. Hensler Volume 77, Special Issue, 39-41 As long as I have researched, written, and taught complex civil litigation, Rick Marcus has been my go-to person to find out what new civil procedure rules are in the making, why, and in response to whose pleas. I am...
Jan 31, 2026 | Volume 77, Special Issue
Alan Uzelac Volume 77, Special Issue, 41-46 Intervening in a lively discussion at the XIX Public and Private Justice (PPJ) Course and Conference, Richard Marcus, with his proverbial vigor, suddenly exclaimed: “But there has never been access to justice!” Rick’s...
Jan 31, 2026 | Volume 77, Special Issue
Diego Zambrano Volume 77, Special Issue, 47-53 No one knows more about discovery than Rick Marcus. Over the course of his career, Rick has authored the defining scholarship on our American procedural institution, from his early work on reforms to contain discovery...
Jan 31, 2026 | Volume 77, Special Issue
Simona Agnolucci Volume 77, Special Issue, 53-55 In the Fall of 2003, I walked into Professor Marcus’s Civil Procedure class with a pit in my stomach. I had not gotten the email about the summer reading homework, The Buffalo Creek Disaster, and barely knew what...
Jan 31, 2026 | Volume 77, Special Issue
Cornelis Hendrik van Rhee Volume 77, Special Issue, 55-67 Our friend and colleague, Professor Richard Marcus, has a broad interest in comparative civil procedure, including the history of procedure. Therefore, I thought it appropriate to invite him for a short journey...
Dec 31, 2025 | Volume 77, Issue 1
Hanoch Dagan & Michael Heller Volume 77, Issue 1, 1-37 You can scribble an agreement on a napkin or hire lawyers to negotiate a hundred-page contract. Either way, most of your contractual obligations will not be in your document. They will be in the background...
Dec 31, 2025 | Volume 77, Issue 1
Fred B. Jacob & Anne Marie Lofaso Volume 77, Issue 1, 38-84 “[The agency’s actions] express an intuition of experience which outruns analysis and sums up many unnamed and tangled impressions—impressions which may lie beneath consciousness without losing their...
Dec 31, 2025 | Volume 77, Issue 1
Brishen Rogers Volume 77, Issue 1, 85-133 Almost ten thousand baristas have unionized since 2022 in cafes across the country. Their effort breaks with recent history in several respects. For example, baristas have used a novel “worker-to-worker organizing” model in...
Dec 31, 2025 | Volume 77, Issue 1
Daniel A. Farber Volume 77, Issue 1, 134-165 Two decades ago, then-Professor Elena Kagan hailed the era of presidential administration in which Presidents would launch major policy initiatives within the executive branch and end run congressional gridlocks. Since...
Dec 31, 2025 | Volume 77, Issue 1
Rabea Benhalim Volume 77, Issue 1, 166-222 Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian...
Dec 31, 2025 | Volume 77, Issue 1
Jake B. Goldman Volume 77, Issue 1, 223-244 Per- and polyfluoroalkyl substances (PFAS) are a class of synthetic chemicals used for their unique qualities in manufacturing across numerous industries. PFAS, also known as “forever chemicals,” persist in the environment...
Dec 31, 2025 | Volume 77, Issue 1
Joseph Cremona Volume 77, Issue 1, 245-288 Since 2024, Diversity, Equity, and Inclusion (DEI) programs have ignited a volatile political debate. Fierce opposition continues to attack their very existence. On one hand, proponents of DEI programs argue that such...
Nov 20, 2025 | UC Law Justitia
Ming Hsu Chen, Adrian Ballesteros, Emily Cole, Joy Min Volume 77, November 2025 This policy paper examines civic engagement among new Americans, focusing on factors that influence the sense of belonging and political participation, particularly among recently...
Aug 1, 2025 | Volume 76, Issue 6
Jules Lobel Volume 76, Issue 6, 1573-1596 A recent challenge to the Biden Administration’s military aid to Israel as aiding genocide presents an important question of the role of U.S. courts in adjudicating claims that top U.S. officials, in their execution of U.S...
Aug 1, 2025 | Volume 76, Issue 6
Zachary E. Shapiro et al. Volume 76, Issue 6, 1597-1658 Brain injuries often result in varying degrees of impairment to communication and cognitive processes, impeding an individual’s ability to engage in daily activities, participate in social interactions, and...
Aug 1, 2025 | Volume 76, Issue 6
Evelyn Mary Aswad Volume 76, Issue 6, 1659-1686 With large and powerful social media companies operating as worldwide speech regulators, it is unsurprising that governments have attempted to not only regulate how these companies address platform speech but also...
Aug 1, 2025 | Volume 76, Issue 6
Brittan Heller Volume 76, Issue 6, 1687-1714 Extended reality (XR)—the integration of virtual, augmented, and mixed reality technologies—creates immersive, embodied, and behaviorally integrated forms of communication that challenge traditional understandings of...
Aug 1, 2025 | Volume 76, Issue 6
Tiffany C. Li Volume 76, Issue 6, 1715-1740 All three branches of the federal government have wrestled with how the law could or should regulate social media applications to mitigate the harms of disinformation. However, most proposed solutions make the same critical...
Aug 1, 2025 | Volume 76, Issue 6
Chris Kenefick Volume 76, Issue 6, 1741-1768 Rap music has earned its prominent place in American music culture. It provides a unique creative outlet for artists to share their experiences and criticize the systems in which they live. Rap lyrics, often metaphorical or...
Aug 1, 2025 | Volume 76, Issue 6
Breanna Li Volume 76, Issue 6, 1769-1808 Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” was enacted to protect U.S. national security interests in light of China’s military...
Aug 1, 2025 | Volume 76, Issue 6
Mackenzie Paskerian Volume 76, Issue 6, 1809-1844 California is currently facing an insurance crisis. The increased impact of climate change, including extreme droughts and wildfires, poses new risks to the insurance industry, especially when it comes to homeowner’s...
Jun 1, 2025 | Volume 76, Issue 5
Grace Y. Li Volume 76, Issue 5, 1307-1372 A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass...
Jun 1, 2025 | Volume 76, Issue 5
Rebecca N. Morrow Volume 76, Issue 5, 1373-1428 I confess. As a tax professor, it has long hurt my feelings that economists label tax as a market distortion. My field is summed up as an impurity on the otherwise pristine complexion of the economist’s pure market. I...
Jun 1, 2025 | Volume 76, Issue 5
Sergio Alberto Gramitto Ricci Volume 76, Issue 5, 1429-1458 Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The...
Jun 1, 2025 | Volume 76, Issue 5
David Takacs Volume 76, Issue 5, 1459-1516 In the United States, Australia, New Zealand, and elsewhere, people kill sentient creatures—by the millions every year—in the crusade to conserve biodiversity. I explain how laws permit, and in some instances require, killing...
Jun 1, 2025 | Volume 76, Issue 5
L.A. Paul & Cass R. Sunstein Volume 76, Issue 5, 1517-1538 One way to evaluate various legal interventions in people’s lives is to ask whether they make choosers better off by their own lights, or “as judged by themselves.” This criterion can be understood to...
Jun 1, 2025 | Volume 76, Issue 5
Kathryn Binder Volume 76, Issue 5, 1539-1572 With the growing prevalence of artificial intelligence (AI) in various aspects of our lives, it is not surprising that it has become a subject of legal disputes and controversy. In 2023, an individual filed the first...
May 31, 2025 | Volume 76, Issue 4
John Yoo Volume 76, Issue 4, 1227-1270 Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution. Recent criticism has argued that originalism fails because it does not advance a...
May 31, 2025 | Volume 76, Issue 4
Imahn Milani Daeenabi Volume 76, Issue 4, 1271-1306 Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons...
May 31, 2025 | Volume 76, Issue 4
Allison M. Freedman Volume 76, Issue 4, 975-1024 In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future...
May 31, 2025 | Volume 76, Issue 4
Jennifer Gordon Volume 76, Issue 4, 1025-1096 Forced labor is rampant across global supply chains. Addressing it at individual sites of production results in a game of whack-a-mole. An effective response must target the structural drivers of the problem: the large...
May 31, 2025 | Volume 76, Issue 4
Ryan P. Knox Volume 76, Issue 4, 1097-1154 Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care...
May 31, 2025 | Volume 76, Issue 4
Thomas A. Lambert Volume 76, Issue 4, 1155-1226 Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the...
