Conference in Honor of Judge A. Wallace Tashima: Introduction
Preemption as a Tool of Misclassification
Abstract The Federal Aviation Administration Authorization Act (FAAAA)—which prohibits state and local regulation “related to a price, route, or service” of interstate trucking firms—is a statute with enormous legal and economic significance that...
Transcending Time and Place: Judge A. Wallace Tashima and the Liberation of LGBT Identity
Health Care’s Market Bureaucracy
Abstract The last several decades of health law and policy have been built on a foundation of economic theory. This theory supported the proliferation of market-based policies that promised maximum efficiency and minimal bureaucracy. Neither of...
How Much Electoral Participation Does Democracy Require? The Case for Minimum Turnout Requirements in Candidate Elections
Abstract Elections are the linchpin of a representative democracy’s legitimacy and power. In the absence ofelectoral participation by a critical mass of the population, a society cannot meaningfully claim to be democratically governed. Persistently...