Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate their decisions via...

The text of the Constitution nowhere mentions God; the document is, as some scholars put it, quot;godless.quot; What is the significance of that silence? This brief essay, written for a discussion conference on religion, multiculturalism, and citizenship, considers and criticizes two possible...

The presence of Mexican law - as the applicable foreign law - continues to grow considerably in American courts. This phenomenon is significant in California and the southwestern states, as well as in Illinois, New York and Washington, D.C. It is unquestionable that deciding cases based on...

For purposes of acquisition of real estate by foreigners and foreign legal entities, the Republic of Mexico is divided into two large areas: a) the Restricted Zone; and, b) the Permitted Zone. The Restricted Zone is the real estate located in a strip of 64 miles along Mexico's border with the...

This working paper considers the effects of two California bills related to greenhouse gas (GHG) regulation – SB 375 (land use and transportation) and SB 97 (new CEQA Guidelines for GHG planning) – on local land use and regional transportation planning – in particular to contribute to...

In this short paper, I shall answer the title's question first in the context of criminal law and then in the context of tort law. In that latter section I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus....

In this short essay, I argue that the pursuit of equality beyond equality before the law and a generous safety net is to be resisted. That pursuit tends to produce impoverishment and repression. And it is at odds with the pursuit of excellence, beauty, individuality, and achievement. A state of...

In August of 2016, the U.S. Commission on Civil Rights issued a report entitled Increasing Compliance with Section 7 of the National Voter Registration Act. This Dissenting Statement was a part of that report. It discusses the fact that Section 7 of NVRA (which requires certain state agencies,...

On December 20, 2018, the U.S. Commission on Civil Rights released a report entitled Broken Promises: Continuing Federal Funding Shortfall for Native Americans. This Statement by Commissioner Gail Heriot was part of that report. It is mainly a dissent from the Commission's recommendation that...

In November of 2017, the U.S Commission on Civil Rights published a report entitled “Working for Inclusion: Time for Congress to Enact Federal Legislation to Address Workplace Discrimination Against Lesbian, Gay, Bisexual and Transgender Americans.” This Commissioner Statement was part of...