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For over a century, the Supreme Court has acknowledged and upheld Congress's power to overrule the Court's Dormant Commerce Clause decisions. In this Article, Professor Williams challenges the constitutionality of that practice, arguing that there is no more reason to allow Congress to overrule the Court's Dormant Commerce Clause decisions than its Equal Protection or First Amendment decisions...

Private equity funds have managed for years to squeeze into a unique loophole in federal securities law. Because the funds generally solicit only a small number of wealthy, sophisticated investors, they are exempt from the disclosures normally mandated by federal securities laws. As a result, the funds have kept their investment information undisclosed, privately pursuing specialized investment...

Nanotechnology's potential impact on worldwide industries has nations around the world investing billions of dollars for research in order to capture a part of the projected trillion dollar market for nanotechnology products in 2010. The current rush to patent nanotechnologies may lead to an overcrowded nanotechnology patent thicket that could deter critical innovation and continued product...

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...

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...

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...

At the turn of the twentieth century, the U.S. system of public finance underwent a dramatic, structural transformation. The late nineteenth-century system of indirect taxes, associated mainly with the tariff, was eclipsed in the early decades of the twentieth century by a progressive income tax. This shift in U.S. tax policy marked the emergence of a new fiscal polity - one that was guided not...

The earned income tax credit (EITC) is a transfer program aimed primarily at low income working parents, administered by the Internal Revenue Service (IRS) as part of the federal income tax. Although generally tax-like in its administration, in substance it resembles nontax antipoverty transfer programs, such as Food Stamps and Temporary Assistance for Needy Families (TANF). In recent years...

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...

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...

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...

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...

Legal scholars tend to segregate the Supreme Court's criminal justice cases from the rest of the Court's constitutional jurisprudence. Leading accounts of the Rehnquist Court, for instance, understandably will focus on the Court's noteworthy work in federalism, national power, race, and religion, while scarcely making even passing mention of the Court's work in criminal justice. The consequence...

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...