Volume 52 (2020) Issue 2 (Summer)

Brian Teed. The holidays had arrived, and on December 2, 2015, San Bernardino County threw a party for its staff. The merriment turned to terror when a man and a woman stormed the building, carving through the attendees in a chaos…

Stephen Kaneshiro. Home health aide Shu-Ying Xu was injured on the job while trying to keep a patient from falling. The injury caused such debilitating pain the Social Security Administration considered her “totally disabled.” Still, Ms. Xu’s workers’ compensation insurer had her…

Morgan Goodin. Judge Learned Hand’s well-known and widely shared dread of lawsuits emphasizes the importance of the goals of Federal Rule of Civil Procedure 41(d): deterrence of both frivolous lawsuits and forum shopping. Rule 41(d) applies to a plaintiff who…

Karen E. Woody. Pursuant to the SEC’s Rule 10b-5, in order to obtain a conviction for insider trading based upon a tipper-tippee theory, the government must prove that the tipper received a personal benefit for the tip, and that the…

Hilary C. Tompkins. In today’s world, we are bombarded daily with dueling, political narratives from the left and right of the political spectrum. In my view, the current culture clash is a product of young America’s growing pains, where the…

G. William "Bill" Rice. With introduction written by Robert N. Clinton. At least since the Termination Era of the 1950s, the federal Bureau of Indian Affairs (BIA) has drawn a distinction for purposes of taking tribal land into federal trust…

Christopher K. Odinet. The promise of financial technology (“fintech”) and artificial intelligence (“AI”) in broadening access to financial products and services continues to capture the imagination of policymakers, Wall Street, and the public. This has been particularly true in the…

Edward J. McCaffery. The American political system, decades into the twenty-first century, seems badly broken. Money lies everywhere at the root of its worst evils. By almost any reasonable account, there is too much money in American politics. The 2016 presidential…

Michele E. Gilman. Algorithmic profiling technologies are impeding the economic security of low-income people in the United States. Based on their digital profiles, low- income people are targeted for predatory marketing campaigns and financial products. At the same time, algorithmic…

Richard Delgado & Jean Stefancic. We describe a new consensual theory of borders and immigration that reverses Peter Schuck’s and Rogers Smith’s notion of citizenship by consent and posits that borders are legitimate—and make sense—only if they are products of…