THE CIRCUIT
CURRENT CONTENT

How to Be an Authentic Indian

09 Dec 2014 08:38pm M. Alexander Pearl 

In re Sanders and the Resurrection of Stanley v. Illinois

16 Nov 2014 01:40pm Josh Gupta-Kagan 

Subsequent History Omitted

04 Nov 2014 01:21pm Joel Heller 

The Supreme Court's decision in Shelby County v. Holder striking down part of the Voting Rights Act of 1965 has sparked debate over voting, race, history, and, surprisingly, footnotes. This Essay examines Westlaw's characterization of the Court's earlier decision upholding the VRA in South Carolina v. Katzenbach as "abrogated by Shelby County v. Holder," and uses that characterization as a lens to consider Westlaw's influence on the development of the law.  Because Westlaw's "abrogated" label is both unwarranted and consequential, that proposed subsequent-history clause should be omitted.     

Progressive Property Moving Forward

04 Nov 2014 01:20pm Timothy M. Mulvaney 

In response to Ezra Rosser's article, The Ambition and Transformative Potential of Progressive Property, 101 Calif. L. Rev. 107 (2013), Timothy Mulvaney expresses more confidence than does Rosser in property's potential to serve a role in furthering a progressive society. If property is to serve in this role, however, Mulvaney suggests it is important to redesign and reinterpret property in accordance with three themes-transparency about property rules' value-dependence,humility about the reach of human knowledge and the mutability of our normative positions, and a concern for the socioeconomic identities of those affected by resource disputes-that underlie a broader set of writings than Rosser considers within the contours of "progressive property scholarship" and on which he offers some very preliminary impressions.    

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The California Law Review is the preeminent legal publication at the UC Berkeley School of Law.
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