LATEST SCHOLARSHIP

Protecting Disfavored Minorities: Toward Institutional Realism

Constitutional theorists in the United States once believed courts could protect politically disfavored minorities from the excesses of democracy. Eventually, many lost faith in constitutional reform through litigation, as they saw courts fail to...

Insider Trading and Market Structure

This Article argues that the emergence of algorithmic trading raises a significant challenge for the law and policy of insider trading. It shows that securities markets are dominated by a cohort of “structural insiders,” namely a set of traders able...

Public-Private Divide in Parker State-Action Immunity

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...

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...