Volume 72

Health Care Civil Rights Under Medicare for All

Valarie K. Blake Volume 72, Issue 3, 773-826 The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a...

Contaminated Relationships in the Opioid Crisis

Elissa Philip Gentry & Benjamin J. McMichael Volume 72, Issue 3, 827-870 Unlike past public health crises, the opioid crisis arose from within the healthcare system itself. Entities within that system, particularly opioid manufacturers, may bear some liability in...

The Affordable Housing Crisis: Tiny Homes & Single-Family Zoning

Lauren Trambley Volume 72, Issue 3, 919-958 Although California was by no means an affordable state to reside in prior to 2008, Californians are still experiencing the reverberating effects of the collapse of the housing market in its present affordable housing...

Big Tech’s Buying Spree and the Failed Ideology of Competition Law

Mark Glick, Catherine Ruetschlin, & Darren Bush Volume 72, Issue 2, 465-516 Big Tech is on a buying spree. Companies like Apple, Google, Facebook, and Amazon are gobbling up smaller companies at an unprecedented pace. But the law of competition isn’t ready for Big...

Nonmarket Criminal Justice Fees

Ariel Jurow Kleiman Volume 72, Issue 2, 517-564 The public finance literature tells us that user fees will introduce market-like efficiency to public good provision. Meanwhile, criminal justice scholars note that criminal justice fees have run amok, causing crippling...

Innovation and Own Prior Art

Amy R. Motomura Volume 72, Issue 2, 565-626 This Article analyzes a conflict between innovation and the patent system: innovation is a dynamic, iterative process, but a patent reflects only a single snapshot in time. Despite extensive scholarly and judicial discussion...

Reconsidering Dual Agency Conflicts in Residential Real Estate

Samuel Bayer Volume 72, Issue 2, 663-686 California has long permitted dual agency representation in residential real estate transactions, and consumers have long maligned the practice as presenting an unavoidable conflict of interest. However, dual agency provides...

The Unitary Executive Theory in Comparative Context

David M. Driesen Volume 72, Issue 1, 1-54 The debate over the unitary executive theory—the theory that the President should have sole control over the executive branch of government—has proven extremely parochial. Supporters of the theory argue that the original...

Corporate Technologies and the Tech Nirvana Fallacy

Luca Enriques & Dirk A. Zetzsche Volume 72, Issue 1, 55-98 This Article introduces the term Corporate Technologies (“CorpTech”) to refer to the use of distributed ledgers, smart contracts, Big Data analytics, artificial intelligence and machine learning in the...

Unearthing the Origins of Quasi-Property Status

Alix Rogers Volume 72, Issue 1, 291-336 Under contemporary American law, human corpses and some bodily parts are classified as quasi-property. Quasi-property is an American legal conception composed of limited interests that mimic some of the functions of property,...