Digital Commons Network^™

Are State Public Option Health Plans Worth It?, Jaime S. King, Katherine L. Gudiksen, Erin C. Fuse Brown

Faculty Scholarship

The COVID-19 pandemic exposed the weaknesses of the U.S. health care system’s reliance on private, employer-based health insurance. The crisis in health care access and affordability has increased support for a public option— the choice to purchase a state-initiated health plan with publicly determined rates. Congressional gridlock, however, may dim the chances for a federal pub- lic option. States have stepped into the policy vacuum, proposing forty-nine bills to establish state public options since 2010, including three that became law. This article provides a comprehensive survey and taxonomy of state public op- tion proposals from 2010–2021, identifying three main models: …

Personal Jurisdiction, Comparativism, And Ford, Scott Dodson

Faculty Scholarship

No abstract provided.

The Sinking Immigration Court: Change Course, Sink The Ship, Stacy Caplow

Faculty Scholarship

No abstract provided.

Forecasting The How And Why Of Corporate Crime’S Demise, Miriam H. Baer

Faculty Scholarship

The law of corporate criminal liability has long elicited deep criticism from many quarters. Respondeat superior, the judge-created attribution rule that affixes criminal blame to corporations, enables the government to exercise too much power while securing too little accountability. It is hardly surprising, then, that the Journal of Corporation Law has published a symposium volume called, “Imagining a World Without Corporate Criminal Law,” of which this article is part.

My contribution predicts that corporate crime’s demise will arise, not from a direct attack, but rather from a series of indirect punches. Respondeat superior premises the corporation’s liability on that of …

Justice Ginsburg’S Cautious Legacy For The Equal Rights Amendment, Julie Suk

Faculty Scholarship

History will remember the late Justice Ruth Bader Ginsburg (RBG) as the “founding mother” of constitutional gender equality in the United States. This Article unpacks her legacy for inclusive constitutional change, unearthing her lifelong commitment to the Equal Rights Amendment (ERA), which was adopted fifty years ago by Congress in 1972. It took nearly half a century for the Amendment to be ratified by the thirty-eight states required by Article V, with Virginia becoming the last state to ratify it in 2020—the year of Justice Ginsburg’s death. Because the last three ratifications occurred decades after congressionally imposed time limits, RBG …

Transactional Clinical Support For Mutual Aid Groups: Toward A Theory Of Transactional Movement Lawyering, Michael Haber

Faculty Scholarship

No abstract provided.

Filing While Black: The Casual Racism Of The Tax Law, Steven A. Dean

Faculty Scholarship

No abstract provided.

Lived Experience And Disability Justice In The Family Regulation System, Sarah H. Lorr, L. Frunel

Faculty Scholarship

No abstract provided.

Consumer Law's Equity Gap, Vijay Raghavan

Faculty Scholarship

No abstract provided.

Read Thyself, Alice Ristroph

Faculty Scholarship

No abstract provided.

Race And Lawyering In The Legal Writing Classroom, Danielle L. Tully

Faculty Scholarship

No abstract provided.

Regulating Democratized Investing, Abraham Cable

Faculty Scholarship

Robinhood and its imitators activated millions of new investors. Perhaps we should applaud them for finally resurrecting the retail investor after a decades-long decline. There are, however, reasons for concern. Robinhood racked up record fines in the run-up to its IPO. Its users are young, inexperienced, and prone to speculating in risky investments. Given these concerns, this Article considers how to protect this new class of “ultra-retail investors” while also leaving regulatory breathing room for these new market participants. It concludes that many current regulatory approaches risk being ineffectual or stamping out ultra-retail investing altogether by targeting product features that …

20 Years Of Trade Secrets Scholarship (2002-2022), Sharon Sandeen

Faculty Scholarship

No abstract provided.

Where's The Beef? Meat Shortages, Farmer Needs, And Long-Term Recovery Policies In A Pandemic Era, Kim Vu-Dinh

Faculty Scholarship

COVID-19 not only affected every hospital bed in the nation--if not the world; it also affected nearly every dinner table in America and beyond. Supply chain disruptions caused by the pandemic highlighted deep-seated problems with how we get our meat, and how difficult we make it for American farmers to sell to the family next door. Within a few months of the first reported case in the US, hundreds of workers from just two meat-processing plants on American shores became infected with COVID-19, and imports from around the world came to a standstill as factories and shipping companies were forced …

Constraint Without Closeness: A New Picture Of Cooperation, Aditi Bagchi

Faculty Scholarship

No abstract provided.

Are The Federal Rules Of Evidence Unconstitutional?, Ethan J. Leib

Faculty Scholarship

The Federal Rules of Evidence (FRE) rest on an unacceptably shaky constitutional foundation. Unlike other regimes of federal rulemaking—for Civil Procedure, for Criminal Procedure, and for Appellate Procedure—the FRE rulemaking process contemplated by the Rules Enabling Act is both formally and functionally defective because Congress enacted the FRE as a statute first but purports to permit the Supreme Court to revise, repeal, and amend those laws over time, operating as a kind of supercharged administrative agency with the authority to countermand congressional statutes. Formally, this system violates the constitutionally-delineated separation of powers as announced in Chadha, Clinton, and the non-delegation …

Traveling Judges, Alyssa S. King, Pamela K. Bookman

Faculty Scholarship

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges’ identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts’ futures. This Article maps the practice of traveling judges and explores its implications.

New Media Rights' Internet & Media Law Clinic: California Western School Of Law, Art Neill

Faculty Scholarship

This article looks at the critical need for legal services addressing new media rights and the types of cases that benefit from the New Media Rights’ Internet & Media Law Clinic at California Western School of Law (New Media Rights) in San Diego.

This article will discuss New Media Rights in four parts: 1. Why do we have IP, arts, and technology clinics like New Media Rights? 2. What is New Media Rights, and how do we benefit the students and the community? 3. What is the structure and pedagogy of the clinic? 4. What are our hopes looking forward?

The Elastic Corporate Form In International Law, Julian Arato

Faculty Scholarship

No abstract provided.

Fit For Its Ordinary Purpose: Implied Warranties And Common Law Duties For Consumer Finance Contracts, Edward J. Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

Released, But Not Free: The Unexonerated, Heidi Gilchrist

Faculty Scholarship

No abstract provided.

Corporate Governance And The Feminization Of Capital, Sarah Haan

Faculty Scholarship

No abstract provided.

Lower Court Originalism, Ryan Williams

Faculty Scholarship

No abstract provided.

Plurality Decisions And The Ambiguity Of Precedential Authority, Ryan Williams

Faculty Scholarship

No abstract provided.

Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza

Faculty Scholarship

No abstract provided.

Weaponizing Fear, Lisa S. Washington

Faculty Scholarship

No abstract provided.

Survived & Coerced: Epistemic Injustice In The Family Regulation System, Lisa S. Washington

Faculty Scholarship

No abstract provided.

Reimagining Langdell's Legacy: Puncturing The Equilibrium In Law School Pedagogy, Danielle L. Tully, Rachel Gurvich, Laura Webb, Alexa Chew, Jane Cross, Joy Kanwar

Faculty Scholarship

No abstract provided.

Jurisdiction As Power, Ryan Williams

Faculty Scholarship

No abstract provided.

The Textual Canons In Contract Cases: A Preliminary Study, Ethan J. Leib

Faculty Scholarship

This Essay is a first effort to explore how linguistic canons function in contract cases. Most lawyers know about ejusdem generis, expressio unius, and noscitur a sociis from their work in statutory interpretation, but no one has attempted any systematic inquiry into how these canons figure in contract interpretation. Looking at two jurisdictions’ use of textual canons in contract cases over time and in careful detail, this Essay reports findings and offers preliminary conclusions, about the specific jurisdictions under review and more generally in a comparative vein, both inter-jurisdictionally and as compared to what we know about the same canons’ …