0

UC Davis Law Review, Issue 49:5 (June 2016)

Articles

Against Administrative Judges
Kent Barnett

Collaboration Theory: A Theory of the Charitable Tax-Exempt Nonprofit Corporation
Eric C. Chaffee

FERC’s Expansive Authority to Transform the Electric Grid
Joel B. Eisen

The Unresolved Interpretive Ambiguity of Patent Claims
Oskar Liivak

Innovation Law and Policy: Preserving the Future of Personalized Medicine
Rachel E. Sachs

Response

The Relationships Between Speech and Conduct
Jane R. Bambauer

Notes

No Paper? No Problem: Ushering in Electronic Wills Through California’s “Harmless Error” Provision
Gökalp Y. Gürer

Warning Third Parties of Genetic Risks in the Era of Personalized Medicine
Kanu Song

lawreview.law.ucdavis.edu

stairway-to-heaven-1319562-m-720x340
0

FAN 111 (First Amendment News) Flying Dog Brewery Launches First Amendment Society

L-R: Jim Caruso, Alan Gora & Ilya Shapiro

L-R: Jim Caruso, Alan Gora & Ilya Shapiro

Free beer was being served as the audience gathered yesterday for a press conference at the National Press Club in Washington, D.C. to hear Jim Caruso (CEO of Flying Dog Brewery), Alan Gura (a DC-based constitutional law litigator), and Erin Weston (senior Director of Communications for Flying Dog). The three were there to discuss their First Amendment victory in Flying Dog Brewery v. Michigan Control Commission (6th Cir., 2015). More importantly, they were there to formally launch a new free-speech initiative. Ms. Weston will oversee the initiative.

The “First Amendment Society” is a non-profit initiative started by Flying Dog. The seed money for the campaign came from the damages award the brewery received from its victory in the Sixth Circuit.

Dean Lucy Dalglish

Dean Lucy Dalglish

One component of the initiative will be a First Amendment scholarship program done in conjunction with the  Philip Merrill College of Journalism at the University of Maryland, of which Lucy Dalglish (former executive director of the Reporters Committee for Freedom of the Press) is dean. Dalglish was present at yesterday’s press conference

Another component of the initiative will involve a a partnership with a public library. Staring next week, the Frederick County Public Library will host a series of lectures focusing on banned books and the First Amendment. The first three of those events will be held at 6:00 p.m. on the following dates:

  1. June 8Garrett Epps will discuss Whitman’s Leaves of Grass
  2. July 13: Michelle Markey Butler  will discuss Harry Potter and the Sorcerer’s Stone
  3. August 10: Ronald Collins, “The Poem that Howled Against Censorship: The Story of the Attempt to Ban a Book of Poems”
L-R: Jim Caruso, Erin Weston & Robert Corn-Revere

L-R: Jim Caruso, Erin Weston & Robert Corn-Revere

Moved to action by the Michigan Liquor Control Commission’s attempt to ban the company’s “Raging Bitch” beer from being sold within the state, Jim Caruso tagged the experience as “an outrageous violation of our First Amendment rights.” It was that experience that prompted him to launch the First Amendment Society. In the course of the press conference, Caruso was emphatic that “this is not a marketing tactic.” Alan Gura, the lawyer who successfully argued the case, echoed that point as he discussed the merits of the case and why it was important to litigate it.

Some of those present at the press conference were Robert Corn-Revere, Walter Olson, Nico PerrinoIlya Shapiro, and Bryan Thomas Hissing, Community Services Coordinator for the Frederick County Public Library

New Book on Child Pornography Law Read More

0

UCLA Law Review Vol. 63, Issue 4

Volume 63, Issue 4 (May 2016)
Articles

Accidents of Federalism: Ratemaking and Policy Innovation in Public Utility Law William Boyd & Ann E. Carlson 810
Protecting Disfavored Minorities: Toward Institutional Realism Joy Milligan 894
Insider Trading and Market Structure Yesha Yadav 968

 

Comments

Defending Criminal(ized) “Aliens” After Padilla: Towards a More Holistic Public Immigration Defense in the Era of Crimmigration Andrés Dae Keun Kwon 1035
Public-Private Divide in Parker State-Action Immunity Sina Safvati 1110
1

UCLA Law Review Vol. 64, Discourse

Volume 64, Discourse
Discourse

Citizens Coerced: A Legislative Fix for Workplace Political Intimidation Post-Citizens United

Alexander Hertel-Fernandez & Paul Secunda

2
Lessons From Social Science for Kennedy’s Doctrinal Inquiry in Fisher v. University of Texas II Liliana M. Garces 18
Why Race Matters in Physics Class Rachel D. Godsil 40
The Indignities of Color Blindness Elise C. Boddie 64
The Misuse of Asian Americans in the Affirmative Action Debate Nancy Leong 90
0

UCLA Law Review Vol. 63, Issue 3

Volume 63, Issue 3 (March 2016)
Articles

The System of Equitable Remedies Samuel L. Bray 530
Challenging the “Criminal Alien” Paradigm Angélica Cházaro 594
Plenary Power, Political Questions, and Sovereignty in Indian Affairs Michalyn Steele 666

 

Comments

Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison Sara McDermott 712
Mute and Moot: How Class Action Mootness Procedure Silences Inmates Michele C. Nielsen 760
0

UCLA Law Review Vol. 63, Issue 2

Volume 63, Issue 2 (February 2016)
Articles

The Business of Treaties Melissa J. Durkee 264
Choosing Constitutional Remedies Eric S. Fish 322
Judging Third-Party Funding Victoria Shannon Sahani 388

 

Comments

The Courtroom as White Space: Racial Performance as Noncredibility Amanda Carlin 450
Red Belt, Green Hunt, Gray Law: India’s Naxalite-Maoist Insurgency and the Law of Non-International Armed Conflict Sandeep Avinash Prasanna 486
0

UCLA Law Review Vol. 63, Issue 1

Volume 63, Issue 1 (January 2016)
Articles

Navigating Paroline‘s Wake Isra Bhatty 2
Regional Federal Administration Dave Owen 58
Exhausting Patents Wentong Zheng 122

 

Comments

Post-Deportation Remedy and Windsor‘s Promise Kate Shoemaker 168
Forget Congress: Reforming Campaign Finance Through Mutually Assured Destruction Nick Warshaw 208
0

Developmental Equality

We live in a time where we can accurately predict the risks and opportunities for many children.  As surely as if we marked them at birth (or even before), we can identify who will likely succeed and who will likely fail by adulthood.  Race and gender, alone and in combination, generate clear odds.  Disparate risk generates a hierarchy of children, and we know who will be at the bottom.  Children’s inequalities are linked to developmental supports for some children, coupled with not only the lack of support for others, but also the presence of barriers and challenges, designed for children to fail, not to succeed.

Children’s inequalities, by race and gender, are particularly evident in the life course of Black boys.  Their patterns from birth to 18 are an example of similar patterns for other children at the bottom.  I do not mean to suggest here a hierarchy of inequalities, but rather to use their life course to adulthood as an example of the marked outcomes for certain children.  At birth, a Black baby boy has more than a one in three risk of being born into poverty.  He has a one in two risk of never graduating from high school.  And he has a one in three risk of being incarcerated in his lifetime, in the juvenile justice system or the adult criminal justice system.  His risk of incarceration doubles if he is born at the lower end of the socio-economic scale.  While he may transcend these risks, the trajectory funnels him toward failure and subordination, to the low end of what is a hierarchy of opportunity for kids.

These disparate negative risks to development are linked to systems that fail him:  systems that do little to support, and much to undermine, his growth to his full potential.  These are systems constructed and perpetuated by the state, at federal, state, and local levels, by the choice of policies despite the evidence of disparate, unequal outcomes along known, identifiable identity lines. Those systems include the poverty system (the clutch of policies that perpetuate poverty, and income inequality by race, rather than provide pathways out of poverty); the education system (highly segregated by race, disparate in resources and outcomes school-to-school, and especially negative in outcomes for Black boys), and the juvenile justice system (a largely boys’ system designed to punish and disadvantage for life rather than rehabilitate; and a sharply disparate system in every negative way for boys of color, particularly Black boys).  In combination, these systems and others directly impact the lives of Black boys, their families, and their communities in negative ways that replicate inequality.  The pattern is not merely one of insufficiency or inadequacy, but of barriers and harms.

The inequalities of Black boys are not unique.  There are other children who are predictably at the bottom, that we expect to be there.  And unequal hierarchies are not unique to American children.  In many countries, data reveal which children are marked for failure.  So, for example, in all countries in Europe in which they are present, Roma children are disproportionately poor, minimally educated, and jobless; the most unequal are Roma girls.  Muslim children similarly are targeted in many European countries, as are migrant and refugee children.

How can we address these inequalities, and those of other identifiable groups of children who reach adulthood lacking in opportunity due to failed outcomes and barriers placed in their way?   I propose that we have to think about these blatant inequalities differently, in order to craft meaningful change, by embracing a model I call “Developmental Equality.”

Read More

0

FOIA Requests for Tax Returns

Donald Trump’s refusal thus far to release his tax returns raises an interesting issue.  Tax returns are not subject to the Freedom of Information Act (FOIA). I can’t just ask the IRS to give me his returns and get them. While this makes sense as a general matter given the privacy concerns involved, I wonder whether the custom of having high public officials release their returns should be codified by making their returns subject to FOIA.

For an ordinary citizen, tax returns should be private unless they are required for a criminal investigation or are subject to a valid subpoena in a civil case.  Presidential candidates (at least the two major party nominees) have voluntarily released their returns for a long time, though I don’t know for how long.  It seems to me that the public’s right to know in this instance overrides a candidate’s privacy interest. We might find out, for instance, that Trump did not pay any federal income tax last year.  I’d like to know if he did, and I think that I have a right to know.  Political pressure may compel him to act, but should that be the only way of obtaining that information?

0

Vanderbilt Law Review, Volume 69, Number 4

In the May 2016, the Vanderbilt Law Review, with the generous support of the Branstetter Litigation & Dispute Resolution Program and the Program in Law & Government, hosted a paper symposium entitled, “Erwin Chemerinsky’s Case Against the Supreme Court.” In his book, The Case Against the Supreme Court, Dean Chemerinsky challenges a fundamental justification for judicial review—the notion that the judiciary is better than the legislature at protecting rights—and instead argues that the Supreme Court has consistently failed to protect controversial rights across the board. Dean Chemerinsky’s book criticizing the Court’s performance in protecting controversial rights thus served as a launching point for the symposium. The following seven articles by distinguished authors provide thoughtful, experienced reflections on the normative role of the Court in the twenty-first century.

Suzanna Sherry, Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours?, 69 Vand. L. Rev. 909 (2016).

Erwin Chemerinsky, Thinking About the Supreme Court’s Successes and Failures, 69 Vand. L. Rev. 919 (2016).

Neal Devins, Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government, 69 Vand. L. Rev. 935 (2016).

Brian T. Fitzpatrick, A Tribute to Justice Scalia: Why Bad Cases Make Bad Methodology, 69 Vand. L. Rev. 991 (2016).

Barry Friedman, Letter To Supreme Court (Erwin Chemerinsky is Mad. Why You Should Care.), 69 Vand. L. Rev. 995 (2016).

Corinna Barrett Lain, Three Supreme Court “Failures” and a Story of Supreme Court Success, 69 Vand. L. Rev. 1019 (2016).

Edward L. Rubin, The Supreme Court in Context: Conceptual, Pragmatic, and Institutional, 69 Vand. L. Rev. 1115 (2016).