Tag Archives: Law-Review Articles

Zach Price on Symmetric Constitutionalism

Published on: Author: Rory Little

Professor Zach Price, my UC Hastings Law colleague and a recognized star of U.S. constitutional theory, has recently published an essay entitled “Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the post-Kennedy Supreme Court.” This essay proposes “symmetric constitutionalism” as a method for judges to use when deciding hard cases. His idea has drawn attention,… Continue reading

Abe Cable on the Effects of Trados in Silicon Valley

Published on: Author: Jared Ellias

In recent times, corporate-finance scholars have embraced a methodological approach that looks for “shocks” to evaluate a policy change. These “shocks” are often new laws or court rulings that change some existing rule on a certain day. The researcher then makes predictions about how the world will change with the new rule and examines evidence… Continue reading

Dorit Reiss and John Diamond on Liability for Anti-Vaccine Misinformation

Published on: Author: Scott Dodson

Vaccine laws and debates are spreading like a contagion. Measles, once thought nearly eradicated in the United States, has experienced outbreaks in Minnesota, New York, California, and other states. These outbreaks have been caused primarily by undervaccinated communities. The resurgency of measles and other vaccinable diseases has flamed the already virulent vaccination debates between public-health… Continue reading

Rory Little on Justice Kennedy’s Criminal Jurisprudence

Published on: Author: Zach Price

Last February, UC Hastings Law hosted the first post-retirement symposium on Justice Kennedy’s jurisprudence, with the justice himself attending. In the Hastings Law Journal’s symposium following the event, my colleague Rory Little has published a valuable survey of Justice Kennedy’s criminal cases during his thirteen years as a federal appellate judge and three decades on… Continue reading

Jared Ellias on How Chapter 11 Really Works

Published on: Author: Abe Cable

In Bankruptcy Hardball, Professor Jared Ellias teams up with attorney Robert Stark to expose increasingly aggressive tactics by corporate managers in bankruptcy proceedings. The article, which draws on detailed case studies, is a methodological departure from Professor Ellias’s usual empirical quantitative work. But the insights are incisive as usual. The article details maneuvers by corporate… Continue reading

Kate Bloch on Using Virtual Reality to Prevent Brady Errors

Published on: Author: Hadar Aviram

Kate Bloch‘s article “Harnessing Virtual Reality to Prevent Prosecutorial Misconduct,” just published in the Georgetown Journal of Legal Ethics, seeks to provide a technological solution to reduce the serious problem of Brady errors (prosecutorial failure to disclose materially exculpatory evidence). Bloch’s point of departure is that prosecutorial mishandling of exculpatory evidence often stems from cognitive… Continue reading

Zach Price on Reliance Defenses for Executive Officials

Published on: Author: Scott Dodson

All government officials take an oath to uphold the Constitution. The Supreme Court is the ultimate authority on the interpretation of the Constitution and, more pointedly, when a law or official conduct is unconstitutional. But the Court doesn’t decide all those questions. And so executive officials are often left with unanswered questions about whether a… Continue reading

Heather Field on Tax Lawyers as Tax Insurance

Published on: Author: Manoj Viswanathan

A “tax opinion” is a formal, written statement provided by a lawyer to a client about the tax consequences of a specific transaction. In addition to describing the expected tax treatment, the opinion also specifies the lawyer’s confidence in this determination—a “will” opinion indicates near certainty; a “more likely than not” opinion is much more… Continue reading

Manoj Viswanathan on the SALT Deduction Limitation

Published on: Author: Heather Field

Much has been said about the new $10,000 cap on the federal deduction for payments of state and local taxes (“SALT”), but the commentary generally focuses on the state-level impacts and responses. My colleague Manoj Viswanathan, in his recent essay, “Hyperlocal Responses to the SALT Deduction Limitation,” published in the Stanford Law Review Online, argues that this… Continue reading

Chimène Keitner on Common-Law Foreign-Official Immunity

Published on: Author: Scott Dodson

The Foreign Sovereign Immunities Act (“FSIA”) is the primary domestic statute codifying foreign sovereign immunity—the immunity that foreign nations enjoy in U.S. courts. With scattered exceptions, questions involving foreign immunity outside of FSIA are matters of federal common law. Those questions include foreign-official immunity, whose importance has increased dramatically as the international travel of foreign… Continue reading