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In Rojas v. Superior Court the California Supreme Court demonstrated its clear intent to encourage mediation by providing absolute privilege to evidence and materials “prepared for the purpose of, in the course of, or pursuant to, a mediation.” However, the Court declined to address the important question of how to determine when materials are prepared for mediation. The Court’s failure to...

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...

The vast majority of Americans favor sanctions that require offenders to engage in responsible behavior—to work, pay restitution, or support dependents; to participate in a mandatory job-training, literacy, or drug-treatment program; or to meet some other prosocial obligation. While this intuitive preference crosses political and ideological divides, nothing in our classical theories of...

One of the most widespread contemporary assumptions in the discourse of separation of powers is that while the president tends to have preferences that are more national and stable in nature, Congress is perpetually prone to parochial concerns. This deeply ingrained assumption not only pervades legal scholarly treatment of the administrative state, but it is also used to frame debates about the...

Regulation of insider trading in the United States centers around two types of rules. The first and most publicized is the set of rules prohibiting “illegal” insider trading—trades based on material, nonpublic information. These laws are designed to increase investor confidence in the stock market by making the market seem fair and honest. However, the roughly 475,000 insider trades executed each...

The Patent Act is now over a half-century old, and many observers have become concerned that it is not responsive to the needs of emerging industries or to the changing landscape of science. In this Article, we look at this issue in the context of the life sciences and examine how patent doctrine has reacted as the fields of proteomics, genomics, and structural biology have advanced. We find many...

American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent...

Today’s technology turns every computer—every hard drive—into a type of library. But the institutions traditionally known as libraries have been given special consideration under copyright law, even as commercial endeavors and filesharing programs have begun to emulate some of their functions. This Article explores how recent technological and legal trends are affecting public and school...

The clandestine excavation of "cultural objects" to feed the international art market has become an indisputable problem. However, the scale of the problem—and potential solutions—are hotly contested. In the United States, the debate over how best to protect these objects has come to focus on the relationship between the National Stolen Property Act (NSPA) and the "found-in-the-ground" laws that...

In recent years a growing number of countries, including Canada and South Africa, have recognized a right to same-sex marriage. As voters in the United States pass state laws to ban same-sex marriage, international materials seem to offer a natural source of support for a contrary position. The Supreme Court’s decision in Lawrence v. Texas, which changed the legal landscape for same-sex marriage...

This Article challenges the claim of shareholder primacists that reapportioning corporate governance power away from boards of directors and toward shareholders will benefit shareholders as a class. This claim is premised on the assumptions that shareholders have harmonious interests and that they will pursue those interests by disciplining managers and increasing shareholder value. I argue that...

Recent years have seen a number of efforts to extend the shareholder franchise. These efforts implicate two fundamental issues for corporation law. First, why do shareholders—and only shareholders—have voting rights? Second, why are the voting rights of shareholders so limited? This Article proposes answers for those questions. As for efforts to expand the limited shareholder voting rights...

For decades, legal scholars have debated the proper balance of parents’ rights and children’s rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents’ rights nor children’s rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children...

The disparate impact theory long has been viewed as one of the most important and controversial developments in antidiscrimination law. In this Article, Professor Selmi assesses the theory’s legacy and challenges much of the conventional wisdom. Professor Selmi initially charts the development of the theory, including a close look at Griggs v. Duke Power Co. and Washington v. Davis, to...