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The story behind the resignation of Joel Clement—the head of the U.S. Interior Department’s Office of Policy Analysis—provides a window into the relationship between the political leadership and the civil service at the Interior Department in the first year of the Trump administration. It also serves as a jumping-off point to revisit the value in having a civil service with some independence from...

This article complements academic discourse about democratic backsliding by focusing on two questions: In what ways has democracy been chronically or systemically weakened and prevented, and what kinds of new institutional and organizational forms do we need to realize democratic aspirations in the twenty-first century.

The article explores the role and transformation of civil society groups under the presidency of Donald Trump. It observes such groups face the risk of overlooking injustices that do not involve President Trump, the urge to sharpen tactics against the administration’s lawyers, and the temptation to forget that the country will be better off when, once more, the work of civil society groups is not...

The article explores the approach to administrative law in a period when the executive systematically disregards the expectation of rational, good-faith decision-making and seeks single-mindedly to maximize achievement of its policy objectives.

This article argues that it is a mistake to fixate on courts as the core safeguard in the modern administrative state. The article surveys federal agencies that regulate us in many ways that either evade judicial review entirely or are at least substantially insulated from such review.

After President Trump withdrew the United States from the Paris Climate Accord, California announced its continued commitment to the cause by entering into agreements to control global temperature increases with other subnational governments from around the world. This comment analyzes possible dormant foreign affairs preemption challenges posed by such agreements.

This comment considers the ways in which modern qualified immunity implicates or undermines the Fourteenth Amendment’s Equal Protection Clause. It argues that qualified immunity often deprives victims of police brutality of their only viable remedy. As such, in the context of excessive force claims, qualified immunity violates the Equal Protection Clause and should be overruled.

An introduction to this issue dedicated to the topic of the 2018 UCLA Law Review Symposium, "The Safeguards of Our Constitutional Republic."

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...

Social value in the drug industry comes from ensuring that consumers get the drugs they need, but also from encouraging new drug development. In the United States, where new drug development is largely in the hands of drug manufacturers, these objectives directly conflict. To achieve a suitable balance, this Comment proposes two changes to the pharmaceutical market that ensure reasonable coverage...

The Individuals with Disabilities Education Act contains provisions that ostensibly guard against disproportionate suspending and expelling school students with disabilities. This article demonstrates that these provisions are woefully inadequate to achieve their goal. It argues that current flaws can be mitigated by altering the burden of proof and expanding the type of data that schools must...