Volume 88, Number 1 (September, 2014)
Human Trafficking and U.S. Asylum: Embracing the Seventh Circuit's Approach
Note by Kelsey M. McGregor
88 S. Cal. L. Rev. 197 After struggling to provide for her children in her native country of Mexico, Esperanza lost one of her children to starvation. Devastated, she determined to leave her children in the care of family and seek work in Los Angeles. Pursuing what she believed to be a legitimate job offer, Esperanza was instead trafficked into a U.S. sweatshop. Separated from her children and unable to send any earnings home, Esperanza was cruelly abused by her traffickers. She recalls one t...
"McDonald Does Dallas": How Obscenity Laws on Hard-Core Pornography Can End the Nation's Gun Debate
Note by John Korevec
88 S. Cal. L. Rev. 165 The Sandy Hook shooting marks December 14, 2012 as a tragic day in American history. Unfortunately, Newtown, Connecticut is not alone when it comes to such suffering. Between December 14, 2012 and February 12, 2014, there have been an astonishing twenty-eight lives lost over the course of forty-four school shootings. In 2011 alone, almost half a million people were victims of “crime[s] committed with a firearm.” The problem of gun violence has been recognized as so seve...
Cy Pres in Class Action Settlements
Article by Rhonda Wasserman
88 S. Cal. L. Rev. 97 Monies reserved to settle class action lawsuits often go unclaimed because absent class members cannot be identified or notified or because the paperwork required is too onerous. Rather than allow the unclaimed funds to revert to the defendant or escheat to the state, courts are experimenting with cy pres distributions—they award the funds to charities whose work ostensibly serves the interests of the class “as nearly as possible.” Although laudable in theory, cy pres...
A Theory of Republican Perogative
Article by Julian Davis Mortenson
88 S. Cal. L. Rev. 45 It was a dark time for the United States. Hopelessly outnumbered and outgunned, the federal troops at Fort Sumter surrendered to Confederate forces on April 13, 1861. Four days later, Virginia politicians voted to secede, and the Commonwealth militia mobilized to seize federal positions throughout the state. Terror swept through Washington, D.C., which suddenly found itself “on a military frontier.” Then things got worse. The Maryland state legislature announced a specia...
What's Wrong with Law Firms? A Corporate Finance Solution to Law Firm Short-Termism
Article by Jonathan T. Molot
88 S. Cal. L. Rev. 1 Lawyers and clients are unhappy with the contemporary law firm. Associates complain of being treated like “leverage tools” and given inadequate opportunities for mentoring, training, client contact, and career advancement. Clients feel overcharged and underserved, and are constantly searching for a better deal from a different firm. Even partners—the ones who profit from associate hours and client billings—have grown tired of a “what-have-you-done-for-me-lately” culture i...
Narrow Banking as a Structural Remedy for the Problem of Systemic Risk: A Comment on Professor Schwarcz’s Ring-Fencing
Postscript (Comment) by Arthur E. Wilmarth, Jr.
88 S. Cal. L. Rev. Postscript 1 In Ring-Fencing, Professor Steven Schwarcz provides an insightful overview of the concept of “ring-fencing” as a “potential regulatory solution to problems in banking, finance, public utilities, and insurance.” As Professor Schwarcz explains, “ring-fencing can best be understood as legally deconstructing a firm in order to more optimally reallocate and reduce risk.” Ring-fencing has gained particular prominence in recent years as a strategy for limiting the sys...
Ring-Fencing and Its Alternatives
Postscript (Response) by David Zaring
Steven Schwarcz’s “Ring-Fencing” gets much of its impact from its broad definition of the term, which is usually heard these days when thinking about whether a multinational bank ought to be forbidden from removing the assets of its branches in one country to support its activities in another. One of the singular contributions of the article lies in its willingness to look beyond that use of the term to think about what ring-fencing means more broadly and conceptually. As Schwarcz observes, r...
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