Authoruclalaw

Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens...

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...

This Article examines how conservative and libertarian lawyers created a field of legal advocacy organizations in the image of public interest organizations of the political left and how they adapted the model and rhetoric of public interest law practice to serve different political ends. As conservatives developed a cadre of competent and committed advocates and deployed nonprofit legal advocacy...

Advocates of colorblindness doctrine argue that the time has come to look beyond racial categories. In October 2003, Californians voted against an initiative premised on the idea that eliminating the state's power to collect racial data would further the advancement of equality. This Comment proposes that even if the initiative is recast in revised form and wins a majority of California's popular...

Most farm animals suffer for the entirety of their lives, both on the farm and at the slaughterhouse. While there are state and federal laws designed to protect these animals from abuse, such laws are rarely enforced by the public officials who have the authority to do so. Animal advocacy groups have taken matters into their own hands by utilizing state unfair competition laws, including...

Although agencies are the dominant force in criminal law today, existing scholarship has largely failed to analyze how these bodies perform as agencies. We know little about how the institutional design of these agencies affects their output or whether the politics of regulation are different when an agency is responsible for the regulation of criminal justice issues as opposed to traditional...

In the United States today, unmarried cohabitants have no obligations to each other unless they have contracted to assume such obligations. “Conscriptive” rules that base the obligations of cohabitants on status instead of contract have been adopted in a number of other nations, and the American Law Institute has advocated adoption of the conscriptive approach in the United States. This Article...

At a time when consumers enjoy an unprecedented level of access to the goods of their choice, why does a patchwork of state laws prevent equal access to one class of goods: alcoholic beverages? The not-so-simple answer lies in the history and application of section 2 of the Twenty-first Amendment, and in the tension between the Twenty-first Amendment and the Commerce Clause. Spearheaded by...