Authoruclalaw

Moving Toward Subfederal Involvement in Federal Immigration Law

In Chamber of Commerce v. Whiting, the U.S. Supreme Court decided that state governments could mandate compulsory enrollment in the otherwise voluntary federal E-Verify program. Though it deals primarily with employment of unauthorized workers, this case raises broader questions of the role of federalism in the current immigration regime. State and local entities continue to engage in immigration...

Melville B. Nimmer Memorial Lecture: What Is a Copyrighted Work? Why Does It Matter?

Each year, the UCLA School of Law hosts the Melville B. Nimmer Memorial Lecture. Since 1986, the lecture series has served as a forum for leading scholars in the fields of copyright and First Amendment law. In recent years, the lecture has been presented by many distinguished scholars. The UCLA Law Review has published these lectures and proudly continues that tradition by publishing an Article...

Equal Opportunity for Arbitration

Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court, and the arbitration area is no exception. For as currently interpreted by the lower courts, the Federal Arbitration Act (FAA) is on course to preempt a vast array of legislation that serves important public interests but that is only tenuously related to arbitration. The Court has implicitly...

Asymmetrical Jurisdiction

Most people—and most lawyers—would assume that the U.S. Supreme Court has jurisdiction to review any determination of federal law by an inferior court, whether state or federal. And there was a time when it was so. But the Court’s recent justiciability decisions have created a perplexing jurisdictional gap—a set of cases in which state court determinations of federal law are immune from the...

Multiracial Work: Handing Over the Discretionary Judicial Tool of Multiracialism

The rise of the mixed-race population and its implications for our society has received attention in current discourse and media coverage. Some see it as a portent of the postracial world to come; others see it as just another challenge to which antidiscrimination law must adjust. Despite this new attention, racial mixing is not a new phenomenon by any measure. What have changed are the methods...

Give Me Your Tired, Your Poor, and Your Queer: The Need and Potential for Advocacy for LGBTQ Immigrant Detainees

As immigration detention has increased in the United States over the past two decades, legislative changes have placed LGBTQ immigrants at a higher risk of being detained because of deportation policies that focus on poverty-related crime and increasingly stringent asylum requirements. Once detained, these immigrants are subjected to significantly higher rates of violence and are often denied...

Unraveling the Exclusionary Rule: From Leon to Herring to Robinson—And Back?

The Fourth Amendment exclusionary rule began to unravel in United States v. Leon. The facts were compelling. Why exclude reliable physical evidence from trial when it was not the constable who blundered, but “a detached and neutral magistrate” who misjudged whether probable cause was present and issued a search warrant? Later cases applied the exception for “good faith” mistakes to a police...