Authoruclalaw

Redistribution via Taxation: The Limited Role of the Personal Income Tax in Developing Countries

Inequality has increased in recent years in both developed and developing countries. Tax experts, like others, have focused on how taxes may reduce this growing inequality of income and wealth. In developed countries, the income tax, and especially the personal income tax, has long been viewed as the primary instrument for redistributing income. This Article examines whether it makes sense for...

Choosing a Tax Rate Structure in the Face of Disagreement

In this Article Professor Kornhauser proposes an Integrity Principle that Congress should use when legislating in the face of inevitable disagreement and conflict among principles. This Principle, loosely based on Ronald Dworkin's principle of integrity, requires Congress to promote coherence from both a practical and theoretical perspective. The practical aspect insists that Congress enact laws...

The Political Psychology of Redistribution

Welfare economics suggests that the tax system is the appropriate place to effect redistribution from those with more command over material resources to those with less: in short, to serve "equity." Society should set other mechanisms of private and public law, including public finance systems, to maximize welfare: in short, to serve "efficiency." The populace, however, may not always accept...

Melville B. Nimmer Memorial Lecture: The Pedagogy of the First Amendment: Why Teaching About Freedom of Speech Raises Unique (and Perhaps Insurmountable) Problems for Conscientious Teachers and Their Students

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 such distinguished scholars as Lawrence Lessig, Robert Post, Mark Rose, Kathleen Sullivan, and David Nimmer. The UCLA Law Review has...

"Let Economic Equality Take Care of Itself": The NAACP, Labor Litigation, and the Making of Civil Rights in the 1940s

During World War II, the lawyers of the NAACP considered the problem of discrimination in employment as one of the two most pressing problems (along with voting) facing African Americans. In a departure from past practice, they pursued the cases of African American workers vigorously in state and federal courts and before state and federal administrative agencies. These cases offered the NAACP...

The Original Meaning of the Recess Appointments Clause

This Article explores the original meaning of the Recess Appointments Clause. Under the current interpretation, the Clause gives the President extremely broad authority to make recess appointments. The Article argues, however, that the original meaning of the Clause actually confers quite limited power on the President and would not permit most of the recess appointments that are currently made...

Can the NLRB Deter Unfair Labor Practices? Reassessing the Punitive-Remedial Distinction in Labor Law Enforcement

Labor law scholars have long recognized that the National Labor Relations Act no longer deters employers from committing unfair labor practices, especially during the crucial time periods of union organizing drives and first contract negotiations. As a result, the Act's promise of "full freedom of association" has become increasingly illusory. Recent scholarship suggests that discharges based on...

Reconciling Data Privacy and the First Amendment

This Article challenges the First Amendment critique of data privacy regulation - the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes and threatens the constitutionalization of information policy. The First Amendment critique should...