Law Review’s Spring Scholar Forum for the 2012-13 academic year featuring Professor Tom C.W. Lin will be held on Thursday, October 18, at 12:15 p.m., in Room 1347. Professor Stephen Bainbridge (UCLA School of Law) will give a formal response. Non Pizza lunch will be served. Professor Lin, whose article “The New Investor” will be published in the February issue (vol. 60, issue 3), comes from the...
Urban Bias, Rural Sexual Minorities, and the Courts
Urban bias shapes social perceptions about sexual minorities. Predominant cultural narratives geographically situate sexual minorities in urban gay communities, dictate the contours of how to be a modern gay person, and urge sexual minorities to come out and assimilate into gay communities and culture. This Article contests the urban presumption commonly applied to all sexual minorities and...
Private Equity and Executive Compensation
After the financial crisis, Congress directed regulators to enact new rules on CEO pay at public companies. The rules would address the possibility that directors of public companies put managers’ interests ahead of shareholders’ when setting executive pay. Yet little is known about how CEOs are paid in companies whose directors have undivided loyalty to shareholders. These directors can be found...
The New Investor
A sea change is happening in finance. Machines appear to be on the rise and humans on the decline. Human endeavors have become unmanned endeavors. Human thought and human deliberation have been replaced by computerized analysis and mathematical models. Technological advances have made finance faster, larger, more global, more interconnected, and less human. Modern finance is becoming an industry...
The Fate of the Collateral Source Rule After Healthcare Reform
The passage of the Patient Protection and Affordable Care Act (PPACA) brought vast changes to the world of health insurance. Although much of the focus has been on the individual mandate provision’s constitutionality, this Comment explores a less- mentioned but equally important implication of PPACA: a change to the rationales behind the common law collateral source rule. The collateral source...
A New Strategy for Neutralizing the Gay Panic Defense at Trial: Lessons From the Lawrence King Case
This Comment contributes to the legal scholarship on the gay panic defense by proposing that, in light of social science research on implicit bias and the foundational clinical data on gay panic as a psychological phenomenon, prosecutors highlight the inconsistencies between the psychology underlying gay panic and gay panic as a legal claim in the presence of the jury. This Comment recognizes...
On DOMA, Proposition 8, and the Implications of Their Potential Unconstitutionality for Equal Protection and Substantive Due Process Jurisprudence
In her article Marriage This Term: On Liberty and the “New Equal Protection,” Katie Eyer suggests that this term will likely provide a crucial test determine whether due process or equal protection guarantees will be the preferred basis on which minorities will be able to protect themselves from majoritarian discrimination. Assuming that the Court reaches a protective result on the merits in...
On the “Considered Analysis” of Collecting DNA Before Conviction
For nearly a decade, DNA-on-arrest laws eluded scrutiny in the courts. For another five years, they withstood a gathering storm of constitutional challenges. In Maryland v. King, however, Maryland's highest court reasoned that usually fingerprints provide everything police need to establish the true identity of an individual before trial and that the state's interest in finding the perpetrators...