Bail bond companies act as gatekeepers to freedom for thousands of people in California every day. Yet despite their ubiquitous role in our criminal justice system, the current framework regulating the commercial bail industry almost exclusively monitors the relationship between bail companies and the state; it fails to mitigate the wide variety of harms that […]
As lawyers today confront existential challenges to their profession, from globalization to technological change, they face demands to innovate. In a world of rapid change, individuals must have certain skills to succeed; they must be “changemakers.” Changemakers are individuals who harness innovation to solve social challenges, a notion arising from the global movement of social […]
Trademark law has de-evolved. It has transitioned from an efficient mechanism for ensuring competition into an inefficient regime for capturing economic rents. In this Article, I focus on the role that party self-interest has played in biasing the evolution of trademark law. This self-interest tends to lead parties to (1) challenge efficient legal rules and […]
This Article offers a positive and normative account of an important and growing trend: wealthy individuals are increasingly giving their money to the government to encourage the government to fund particular projects that these individuals want the government to pursue. Such gifts—dubbed “patriotic philanthropy” by one prominent donor—raise fundamental questions about the role that private […]
The “search incident to arrest” exception to the Fourth Amendment’s warrant requirement permits officers to search a suspect upon making an arrest. It is the most commonly invoked justification for unconsented-to searches; indeed, incident searches far exceed searches conducted with a warrant. This seemingly straightforward exception has wilted in recent years as courts have done […]
In the last fifteen years, individuals have brought hundreds of cases challenging government national security practices for violating human rights or civil liberties. Courts have reviewed relatively few of these cases on the merits, often deferring broadly to the executive branch on the grounds that they lack expertise, political accountability, or the ability to protect […]
