The web edition of the California Law Review.
CLR Online
Guilt, Greed, and Furniture: Using a Mel Brooks Film to Teach Dying Declarations
When I teach the dying declarations hearsay exception in my Evidence course, I always show the opening scene from Mel Brooks’s darkly comedic film, The Twelve Chairs. A film clip is a particularly dense piece of storytelling, in that it presents story…
Standing to Sue
A short time ago, a three-judge panel of the United States Court of Appeals for the Federal Circuit issued its decision in Ass’n for Molecular Pathology v. USPTO (Myriad Genetics), one of the most important patent cases in recent history. The Myriad case addresses…
Tweeting to Topple Tyranny, Social Media and Corporate Social Responsibility: A Reply to Anupam Chander
Tunisia. Egypt. Jordan. Bahrain. Yemen. Algeria. Syria. Libya. Iran. As the winds of popular protest blow across North Africa and the Middle East, authoritarian autocratic regimes around the region are anxious. They face increasing risk of removal due to political…
Does the Crime Fit the Punishment?: Recent Judicial Actions Expanding the Rights of Noncitizens
5:00 a.m., July 2010: Immigration agents arrive at the home of Farhan Ezad, a thirty-five-year-old Pakistani national who has been living in the United States since the age of five. Agents place Ezad in handcuffs in front of his wife and three children, all U.S. citizens, and…
Right Problem; Wrong Solution
For the great writ of habeas corpus, these are the best of times and the worst of times. In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, to use the writ to challenge the legality of his incarceration. Boumediene was a triumph of both…