Volume 70

“Balanced Liberty”: Justice Kennedy’s Work in Criminal Cases

Rory K. Little Volume 70, Issue 5, 1243-1262 During his forty-three years as a federal appellate judge, Anthony M. Kennedy authored over 350 opinions in cases relevant to criminal law (although establishing a precise number using various electronic databases offers a...

Justice Anthony Kennedy’s Free Speech Legacy

Nadine Strossen Volume 70, Issue 5, 1317-1330 Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech...

Judicial Embrace of Racial Gerrymandering Cases

Nina Rose Gliozzo Volume 70, Issue 5, 1331-1387 This Note seeks to explore the way courts engage with claims of racial gerrymandering. The Supreme Court has described judicial oversight of redistricting as an “unwelcome obligation.” These complex cases are both highly...

Issue 4

Volume 70, Issue 4, 949-1140

The Last Man Who Knew Everything

Richard Marcus Volume 70, Issue 4, 1107-1110 Hastings lost a tremendous resource when Geoff Hazard died. But he was a resource for much more than Hastings. Indeed, he was probably the most significant resource for American law, or at least those parts devoted to...

The Armed Society and Its Friends: A Reckoning

Charles W. Collier Volume 70, Issue 3, 671-88 This Article provides a selective introduction to some of the main social, cultural, historical, and intellectual issues surrounding gun violence and the desultory policy “debates” over gun control in America. Unregulated...

The Street View of Property

Vanessa Casado Perez - Volume 70, Issue 2, 367-408 Parking on public streets is scarce. The current allocation system for parking spots based on the rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of parking...

Explaining Choice-of-Entity Decisions by Silicon Valley Start-Ups

Gregg Polsky - Volume 70, Issue 2, 409-454 Perhaps the most fundamental role of a business lawyer is to recommend the optimal entity choice for nascent business enterprises. Nevertheless, even in 2018, the choice-of-entity analysis remains highly muddled. Most...

No Firm Ground: Fifth Amendment Takings and Sea-Level Rise

Sophie Stocks - Volume 70, Issue 2, 621-638. Rising seas are encroaching on private properties along the California coast at alarming rates and rapidly changing the mean high tide line, which serves as the legal boundary determining the relative rights of the state...

No One Owns Data

Lothar Determann - Volume 70, Issue 1, 1-44. Businesses, policy makers, and scholars are calling for property rights in data. They currently focus on the vast amounts of data generated by connected cars, industrial machines, artificial intelligence, toys and other...