Defrauding the American Dream: Predatory Lending in Latino Communities and Reform of California’s Lending Law

The recent mortgage crisis has brought national media attention to the problem of predatory lending. Predatory lenders target vulnerable communities who have been precluded from conventional financial markets, and minority communities are disproportionately affected. This Note examines predatory lending in the Hispanic population to illustrate why California’s anti-predatory lending law is not effective. Many of […]

Courting Genocide: The Unintended Effects of Humanitarian Intervention

Invoking memories and imagery from the Holocaust and other German atrocities during World War II, many contemporary commentators and politicians believe that the international community has an affirmative obligation to deter and incapacitate perpetrators of humanitarian atrocities. Today, the received wisdom is that a legalistic approach, which combines humanitarian interventions with international criminal prosecutions targeting […]

What’s Wrong with Victims’ Rights in Juvenile Court: Retributive versus Rehabilitative Systems of Justice

There has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the […]

Judging Journalism: The Turn toward Privacy and Judicial Regulation of the Press

Courts, John Marshall famously declared, must “say what the law is.” Increasingly, it seems, they are also called upon to say what the news is. When subjects of unwanted publicity sue for invasion of privacy or other torts, journalists commonly defend on the ground that the challenged disclosures were privileged as newsworthy. Traditionally, courts minimized […]

Constitutional Constraints

The main ambition of “Constitutional Constraints” is to open up the subject of constitutional constraints on government officials, including Presidents and Supreme Court Justices, as a topic for discussion within the field of Constitutional Theory. The subject has so far received little comprehensive discussion in the law reviews, in part because of a division between […]

Rational Ignorance, Rational Closed-Mindedness, and Modern Economic Formalism in Contract Law

This article argues that modern economic formalism is nothing more than an argument for purportedly rational ignorance and closed-mindedness in courts. Although individuals may well be ignorant in many circumstances, courts ordinarily should not strive to be. The article first describes why rational ignorance and (to coin a phrase) “rational closed-mindedness” in individuals fail to […]

Lessons from Punjab’s Missing Girls: Toward a Global Feminist Perspective on Choice in Abortion

Finding Instruction from Punjab’s “Missing Girls”: Towards a Global Feminist Perspective on “Choice” in Abortion employs the current phenomenon of sex-selective abortions in Punjab (India) to call for a re-evaluation of the concept of “choice” as it pertains to women’s reproductive freedom. It is hoped that this case study of sex selection in Punjab will […]

Ideology and Exceptionalism in Intellectual Property: En Empirical Study

This article investigates the relationship between ideology and judicial decision-making in the context of intellectual property. Using data drawn from Supreme Court intellectual property cases decided in between 1954 and 2006, the authors show that ideology is a significant determinant of cases involving intellectual property rights: the more conservative a judge is, the more likely […]

A Tale of Two Lochners: The Untold History of Substantive Due Process and the Idea of Fundamental Rights

This article challenges the standard narrative of the Lochner era by challenging one of its most basic assumptions: that the idea of right existing at the beginning of the twentieth century was the modern notion of right-as-trump. Precisely the opposite view prevailed during the first two decades of the century: rights could easily be trumped […]