Aug 7, 2019 | Volume 70, Issue 6
Leah Selby Gray Volume 70, Issue 6, 1639-1666 The American health care system is far from ideal. Health insurance is expensive, yet often inadequate, and patients can fall into bankruptcy paying for necessary medical care. Patients often face challenges finding...
May 27, 2019 | Volume 70, Issue 5
Frank J. Colucci Volume 70, Issue 5, 1141-1174 This symposium Article situates Justice Anthony M. Kennedy’s final concurring opinion in Trump v. Hawaii within his larger jurisprudence. Part I traces its separation of powers foundations by examining then-Judge...
May 27, 2019 | Volume 70, Issue 5
The Honorable Marsha Berzon Volume 70, Issue 5, 1175-1184 Full...
May 27, 2019 | Volume 70, Issue 5
Ashutosh Bhagwat Volume 70, Issue 5, 1185-1192 Full...
May 27, 2019 | Volume 70, Issue 5
Erwin Chemerinsky Volume 70, Issue 5, 1193-1198 Full...
May 27, 2019 | Volume 70, Issue 5
Matthew Coles Volume 70, Issue 5, 1199-1206 Full...
May 27, 2019 | Volume 70, Issue 5
Daniel Epps Volume 70, Issue 5, 1207-1212 Full...
May 27, 2019 | Volume 70, Issue 5
Orin S. Kerr Volume 70, Issue 5, 1213-1224 Full...
May 27, 2019 | Volume 70, Issue 5
Leah Litman Volume 70, Issue 5, 1225-1242 Full...
May 27, 2019 | Volume 70, Issue 5
Rory K. Little Volume 70, Issue 5, 1243-1262 During his forty-three years as a federal appellate judge, Anthony M. Kennedy authored over 350 opinions in cases relevant to criminal law (although establishing a precise number using various electronic databases offers a...
May 27, 2019 | Volume 70, Issue 5
Melissa Murray Volume 70, Issue 5, 1263-1272 Full...
May 27, 2019 | Volume 70, Issue 5
Zachary S. Price Volume 70, Issue 5, 1273-1316 Following Justice Kennedy’s retirement and the bitter fight over Justice Kavanaugh’s confirmation, increasingly polarized views about constitutional law in general, and specific constitutional cases in particular,...
May 27, 2019 | Volume 70, Issue 5
Nadine Strossen Volume 70, Issue 5, 1317-1330 Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech...
May 27, 2019 | Volume 70, Issue 5
Nina Rose Gliozzo Volume 70, Issue 5, 1331-1387 This Note seeks to explore the way courts engage with claims of racial gerrymandering. The Supreme Court has described judicial oversight of redistricting as an “unwelcome obligation.” These complex cases are both highly...
May 10, 2019 | Volume 70, Issue 4
Volume 70, Issue 4, 949-1140 Full...
May 10, 2019 | Volume 70, Issue 4
David L. Faigman Volume 70, Issue 4, 949-954 Full...
May 10, 2019 | Volume 70, Issue 4
Benjamin H. Barton & Deborah L. Rhode Volume 70, Issue 4, 955-988 This Article explores controversies over bar regulation of new online technologies that help address the routine legal needs of low- and middle-income consumers. It is critical that lawyer...
May 10, 2019 | Volume 70, Issue 4
Antonio Gidi Volume 70, Issue 4, 989-1044 Full...
May 10, 2019 | Volume 70, Issue 4
Neil Andrews Volume 70, Issue 4, 1045-1056 Full...
May 10, 2019 | Volume 70, Issue 4
Victor Qiu Volume 75, Issue 4, 1137-1162 By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C....
May 10, 2019 | Volume 70, Issue 4
Edward H. Cooper Volume 70, Issue 4, 1063-1066 Full...
May 10, 2019 | Volume 70, Issue 4
Angelo Dondi Volume 70, Issue 4, 1067-1070 Full...
May 10, 2019 | Volume 70, Issue 4
The Honorable William A. Fletcher Volume 70, Issue 4, 1071-1072 Full...
May 10, 2019 | Volume 70, Issue 4
W. William Hodes Volume 70, Issue 4, 1073-1084 Full...
May 10, 2019 | Volume 70, Issue 4
Peter R. Jarvis Volume 70, Issue 4, 1085-1088 Full...
May 10, 2019 | Volume 70, Issue 4
Mary Kay Kane Volume 70, Issue 4, 1089-1092 Full...
May 10, 2019 | Volume 70, Issue 4
Susan P. Koniak Volume 70, Issue 4, 1093-1098 Full...
May 10, 2019 | Volume 70, Issue 4
Evan Lee Volume 70, Issue 4, 1099-1102 Full...
May 10, 2019 | Volume 70, Issue 4
John Leubsdorf Volume 70, Issue 4, 1103-1106 Full...
May 10, 2019 | Volume 70, Issue 4
Richard Marcus Volume 70, Issue 4, 1107-1110 Hastings lost a tremendous resource when Geoff Hazard died. But he was a resource for much more than Hastings. Indeed, he was probably the most significant resource for American law, or at least those parts devoted to...
May 10, 2019 | Volume 70, Issue 4
Koichi Miki Volume 70, Issue 4, 1111-1116 Full...
May 10, 2019 | Volume 70, Issue 4
The Honorable Anthony J. Scirica Volume 70, Issue 4, 1117-1120 Full...
May 10, 2019 | Volume 70, Issue 4
Catherine T. Struve Volume 70, Issue 4, 1121-1128 Full...
May 10, 2019 | Volume 70, Issue 4
Michele Taruffo Volume 70, Issue 4, 1129-1132 Full...
May 10, 2019 | Volume 70, Issue 4
Michael Traynor Volume 70, Issue 4, 1133-1140 Full...
Apr 2, 2019 | Volume 70, Issue 3
Richard Albert, Malkhaz Nakashidze, Tarik Olcay Volume 70, Issue 3, 639-70 Many courts around the world have either asserted or exercised the power to invalidate a constitutional amendment. But we should not take the increasing prevalence of the doctrine of...
Apr 2, 2019 | Volume 70, Issue 3
Charles W. Collier Volume 70, Issue 3, 671-88 This Article provides a selective introduction to some of the main social, cultural, historical, and intellectual issues surrounding gun violence and the desultory policy “debates” over gun control in America. Unregulated...
Apr 2, 2019 | Volume 70, Issue 3
Reza Dibadj Volume 70, Issue 3, 689-716 Full...
Apr 2, 2019 | Volume 70, Issue 3
Nicholas J. Johnson Volume 70, Issue 3, 717-70 Roughly a decade has passed since the Supreme Court’s decision in District of Columbia v. Heller and the battle over the basic legitimacy of the right to keep and bear arms continues. A significant segment of the academy,...
Apr 2, 2019 | Volume 70, Issue 3
Adam Harris Kurland Volume 70, Issue 3, 771-850 Full...
Apr 2, 2019 | Volume 70, Issue 3
Marilyn Cech Volume 70, Issue 3, 851-86 What do the Golden State Killer, the Havasupai Tribe, and Henrietta Lacks have in common? None of these individuals gave informed consent for the particular research uses of their genetic material. Biotechnological advancements...
Apr 2, 2019 | Volume 70, Issue 3
Joshua B. Gurney Volume 70, Issue 3, 887-918 Domestic violence has riddled the indigenous communities of the United States for decades. Within this problem lies another—non-Indians perpetrate crimes of domestic violence against Indian women at disproportionately high...
Apr 2, 2019 | Volume 70, Issue 3
Wendell Lin Volume 70, Issue 3, 919-48 In the backdrop of intense political division, San Francisco is proud to be a beacon of diversity and inclusion. But the “sanctuary city” has an appalling history of racism and continues to relegate marginalized communities with...
Feb 10, 2019 | Volume 70, Issue 2
Jeffrey C. Dobbins – Volume 70, Issue 2, 331-366 Full...
Feb 10, 2019 | Volume 70, Issue 2
Vanessa Casado Perez – Volume 70, Issue 2, 367-408 Parking on public streets is scarce. The current allocation system for parking spots based on the rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of...
Feb 10, 2019 | Volume 70, Issue 2
Gregg Polsky – Volume 70, Issue 2, 409-454 Perhaps the most fundamental role of a business lawyer is to recommend the optimal entity choice for nascent business enterprises. Nevertheless, even in 2018, the choice-of-entity analysis remains highly muddled. Most...
Feb 10, 2019 | Volume 70, Issue 2
Volume 70, Issue 2, 455-462 Full...
Feb 9, 2019 | Volume 70, Issue 2
Jonathan Rohr and Aaron Wright – Volume 70, Issue 2, 463-524 Best known for their role in the creation of cryptocurrencies like bitcoin, blockchains are revolutionizing the way technology entrepreneurs finance their business enterprises. In 2017 alone, tech...
Feb 9, 2019 | Volume 70, Issue 2
Tseming Yang – Volume 70, Issue 2, 525-572 More than half a century ago, Rudolf Schlesinger announced a global survey of legal principles in the pages of the American Journal of International Law. The project’s objective was the identification of a “common core”...
Feb 9, 2019 | Volume 70, Issue 2
Mike Chow – Volume 70, Issue 2, 573-594 In Universal Health Services, Inc. v. United States ex rel. Escobar, the United States Supreme Court resolved a longstanding circuit split by holding that implied false certifications—transactions involving a failure to...
Feb 9, 2019 | Volume 70, Issue 2
Holly Jones – Volume 70, Issue 2, 595-620 Are babies commodities? Are they a proper subject of contract law? Many states say no, holding surrogacy contracts void as against public policy. Others, however, enforce surrogacy contracts. In the rare instances when...
Feb 9, 2019 | Volume 70, Issue 2
Sophie Stocks – Volume 70, Issue 2, 621-638. Rising seas are encroaching on private properties along the California coast at alarming rates and rapidly changing the mean high tide line, which serves as the legal boundary determining the relative rights of the...
Jan 2, 2019 | Volume 70, Issue 1
Lothar Determann - Volume 70, Issue 1, 1-44. Businesses, policy makers, and scholars are calling for property rights in data. They currently focus on the vast amounts of data generated by connected cars, industrial machines, artificial intelligence, toys and other...
Jan 2, 2019 | Volume 70, Issue 1
Herbert Hovenkamp - Volume 70, Issue 1, 45-74. Full...
Jan 2, 2019 | Volume 70, Issue 1
Lawrence Rosenthal- Volume 70, Issue 1, 75-172. There is likely no methodological question of greater importance to constitutional law than whether adjudication should be based on the original meaning of the Constitution’s text, or instead reflect an evolving...
Jan 2, 2019 | Volume 70, Issue 1
Drew Simshaw - Volume 70, Issue 1, 173-214. As in many other industries, artificial intelligence (“AI”) is poised to drastically transform the legal services landscape. “Bots,” automated expert systems, and predictive analytics are already changing the way consumers...
Jan 2, 2019 | Volume 70, Issue 1
Brandon M. Weiss – Volume 70, Issue 1, 215-248. The primary goal of subsidized housing policy in the United States is to increase access to affordable housing for low-income households. Yet data show that states disproportionately award low-income housing tax...
Jan 2, 2019 | Volume 70, Issue 1
Jennifer M. Bentley – Volume 70, Issue 1, 249-296. The cost of buying, operating, and maintaining manned aircraft traditionally limited the government’s ability to conduct widespread aerial surveillance. But drone technology is eroding this natural limit because...
Jan 2, 2019 | Volume 70, Issue 1
Alisha Patton – Volume 70, Issue 1, 297-330. This Note analyzes the pro-life crusade to defund Planned Parenthood and exclude private insurance plans that cover abortions from all subsidized insurance markets, ostensibly in accordance with decades-old case law...
Aug 19, 2018 | Volume 69, Issue 6
Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 6, 1471-1508 On March 28, 2017, Congress killed the FCC’s attempt to protect consumer privacy on the internet and allowed ISPs to continue to track their users’ online behavior. We evaluate the impact of...
