Focusing on gentrification as a force for displacement, the author reflects on themes of the essays in this series, organizing them under the topics of causes, consequences, and solutions.
Local Control of Land and Water Resources: Rethinking California’s Eminent Domain Standard
The article considers ramifications of the 2018 condemnation action by County of Inyo seeking approval of the acquisition by eminent domain of three landfills located in Owens Valley of California’s Eastern Sierra Nevada Mountains.
We Shall Not Be Moved: Practitioners' Perspectives on Law and Organizing in Response to California's Housing Crisis
This article analyzes the legal and organizing work of the Los Angeles Center for Community Law and Action.
Autonomy in the Family
This Article accomplishes two key goals. First, it offers a novel lens through which to reconsider how best to promote meaningful choice in family form. Second, this Article draws on nonmarital parentage law, as well as the almost entirely overlooked body of what I call “interstitial marriage cases,” to demonstrate that courts are capable of applying more capacious rules that give effect to...
The Venue Shuffle: Forum Selection Clauses and ERISA
Forum selection clauses are ubiquitous. Historically, the judiciary was hostile to contracts limiting a plaintiff’s venue options. The tide has since turned. Today, lower courts routinely enforce such clauses. This Article challenges this reflexive response in the special context of ERISA cases.
Regulating Bot Speech
Concerns over bot speech have led prominent figures in the world of technology to call for regulations in response to the unique threats bots pose. This work is the first to consider how efforts to regulate bots might run afoul of the First Amendment.
The Problem With Nostalgia (or In Defense Of Alternative Facts)
Language lives in the present, though we often approach it as though it was settled in the past. But those yearning for the meanings of some bygone era, like those endeavoring to deduce a single, correct meaning from the words on a page, are deluded. The intractable problem of induction scuttles these projects, and reveals that we cannot ask “What does it mean?” without also asking, “To whom?”
Remote Killing and the Fourth Amendment: Updating Constitutional Law to Address Expanded Police Lethality in the Robotic Age
This comment focuses on the Fourth Amendment implications of the remote use of lethal force. It examines the current constitutional standard for analyzing the reasonableness of the use of force under Graham v. Connor and discusses why it falls short in situations in which the officer has time to consider her options, as any officer engaging an individual via remotely controlled vehicle...