“The Birth of Death”: Stillborn Birth Certificates and the Problem for Law

Stillbirth is a confounding event, a reproductive
moment that at once combines birth and death. [...]

Drinking Water and Exclusion: A Case Study from California’s Central Valley

The American West is notorious for its water wars,
and California’s complex water allocation and [...]



The Uneven Bulwark: How (and Why) Criminal Jury Trial Rates Vary by State

Forty-five years since the U.S. Supreme Court first
recognized the right to a criminal jury [...]

Rules, Principles, and the Competition to Enforce the Securities Laws

Though the Securities and Exchange Commission (SEC)
is the primary securities enforcer, multiple [...]

Why Party Democrats Need Popular Democracy and Popular Democrats Need Parties

Too often, popular political power-whether it is in
the form of direct democracy or other more [...]



Marriage Fraud

This Article examines the astonishing array of
doctrines used to determine what constitutes [...]

The New Exit in Venture Capital

This Article examines a third exit option in venture capital to supplement IPOs and trade sales: secondary markets for the sale of individual ownership interests in start-ups and venture capital funds. While investors can readily buy shares in publicly traded companies, until recently they have been unable to own a piece of private start-ups [...]

The “Independent” Sector: Fee-for-Service Charity and the Limits of Autonomy

Although numerous scholars have attempted to explain and justify the benefits provided to charities, none has been completely successful. Their theories share, however, two required characteristics for charities. First, charities must be distinct from other types of entities in society, including governmental bodies, businesses, other types of nonprofit organizations, and informal entities such as [...]

Falsely Shouting Fire in a Global Theater: Emerging Complexities of Transborder Expression

We have entered an era in which potentially harmful expression can be distributed around the world in an instant. In the emerging global theater, speakers and audiences are connected through new and proliferating media; communicative space and time are compressed to an extraordinary degree; domestic expression can implicate national security and foreign affairs concerns; [...]

Blowing Hot Air: An Analysis of State Involvement in Greenhouse Gas Litigation