The U.S. Supreme Court’s jurisprudence on Parker state-action immunity from federal antitrust laws has remained largely muddled since its inception. The Court recently attempted to bring clarity to the doctrine in North Carolina Board of Dental Examiners v. FTC, holding that state occupational licensing boards with a controlling number of active market participants are subject to the same active...
Citizens Coerced: A Legislative Fix for Workplace Political Intimidation Post-Citizens United
This Essay examines the growing threat of workplace political coercion, such as when employers attempt to threaten or coerce their workers into supporting firm-favored issues, policies, or political candidates. We describe, for the first time, the prevalence of such coercion, and propose a relatively straightforward legislative fix that would protect private-sector workers from the risk of...
Episode 1.5: Equitable Remedies with Samuel L. Bray
In this episode, we interview UCLA Law professor Samuel L. Bray, whose article The System of Equitable Remedies is published in issue 63.3 of the UCLA Law Review. We discuss the distinction between legal and equitable remedies, and we describe the key characteristics and features of each. We also consider whether it makes sense to distinguish between legal and equitable remedies, and we explain...
Episode 1.4: Richard M. Re on the Legacy of Justice Scalia
In this episode, we discuss the life and legacy of Justice Antonin Scalia with Richard M. Re, Assistant Professor at the UCLA School of Law. Tune in to hear Professor Re describe Justice Scalia's unique jurisprudence and most important legal contributions. You'll also hear Professor Re discuss how Scalia's absence might affect the future of the United States Supreme Court.
Episode 1.3: Discussing Treaties with Professor Melissa Durkee
In this episode, we interview Melissa Durkee, Assistant Professor of Law at the University of Washington School of Law, about her article The Business of Treaties published in issue 63.2 of the UCLA Law Review. We discuss the various roles that businesses take in enacting and forming international treaties such as the Trans-Pacific Partnership. We also delve into the implications of this private...
Spring Scholar Forum, Volume 63
How Governments Pay: Lawsuits, Budgets, and Police Reform UCLA Law Review Spring Scholar Forum Monday, April 4 12:10 – 1:30 pm Room 1447 The UCLA Law Review proudly presents its Spring Scholar Forum, featuring UCLA Professor Joanna C. Schwartz. Professor Schwartz’s article, How Governments Pay: Lawsuits, Budgets, and Police Reform, will be published in Volume 63, Issue 5, of the UCLA Law Review...
Challenging the “Criminal Alien” Paradigm
Deportation of so-called “criminal aliens” has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants’ rights advocates, conventional wisdom holds that if deportations must occur, “criminal aliens” should be the first to go. A voluminous “crimmigration” scholarship...
Plenary Power, Political Questions, and Sovereignty in Indian Affairs
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court’s invocation of the political question and plenary power doctrines to deprive tribes of meaningful judicial review when Congress has acted to the tribes’ detriment. Courts have applied these doctrines in tandem so as to frequently leave tribes without meaningful judicial recourse against breaches of the...