Recent uclalaw items

The Alien Enemies Act of 1798: Understanding 1941 and 2025

Wed, 10 Jun 2026 00:00:00 +0000

Immediately after the attack on Pearl Harbor, President Franklin D. Roosevelt invoked the Alien Enemies Act (AEA) of 1798, leading to the arrest of thousands of West Coast Issei men and their wartime detention in Army and INS facilities in an internment process that was distinct from the incarceration of nearly 127,000 persons of Japanese ancestry under Executive Order 9066. In the spring of 2025, President Donald J. Trump invoked this act against alleged Tren de Aragua members on the basis that this Venezuelan gang has “invaded” the United States, spawning a blizzard of litigation over this Trump administration’s assertion of authority in immigration policy and practices.

This panel, which took place on October 9, 2025, discussed how this act was applied to and impacted the Japanese American wartime community, ramifications of the current administration’s approaches, the status of the court cases challenging the administration’s...

To Will or Not To Will: East Asian Americans and Their Legal Challenges When Planning for Their Estates Within the United States Probate System

Wed, 10 Jun 2026 00:00:00 +0000

Asian Americans historically have been underrepresented in the estate planning community, partially due to the decision of Asian Americans to forgo will execution. This Article focuses specifically on the estate planning experiences of East Asian Americans, mainly from South Korea, Japan, and China. This Article begins by examining some of the reasons which motivate East Asian Americans to forgo estate planning, including the cultural sensitivities that may not be accounted for by the current composition of estate planning attorneys, in which East Asian Americans are underrepresented. Next, this Article examines case law to demonstrate that East Asian Americans have had their estate planning documents challenged, mainly through accusations that due execution was not achieved because the documents were written in a different language than spoken by the testator or party to the agreement (if not a will). Subsequently, this...

"We Did Not Want To Go": Incarcerated Japanese Americans Forcibly Deported to Japan on the Gripsholm "Exchange"

Wed, 10 Jun 2026 00:00:00 +0000

As the first of its kind, this Article centers survivor testimony, archival records, and original interviews to document the forced deportation of Japanese Americans on the SS Gripsholm during World War II. The event is often described as a wartime “exchange,” but that language obscures what the record reveals: a governmental regime that transformed Japanese ancestry into a marker of presumptive disloyalty; and then leveraged confinement, vulnerability, and the fear of continued state violence to compel Japanese Americans’ removal from the United

States. This was not neutral repatriation. This was state-engineered exile under conditions that rendered consent impossible. Focusing on the experiences of the Miyamoto, Rikimaru, and Yamane families, this Article shows the Gripsholm was the final stage of a broader racialized project of surveillance, arrest, incarceration then interrogation, family separation, and...

Beyond Comparators: Challenging the Legal Shortfalls in Asian American Disparate Treatment Claims

Wed, 10 Jun 2026 00:00:00 +0000

Asian Americans experience workplace discrimination at disproportionately high rates yet file formal employment discrimination claims at strikingly low levels. This disconnect reflects not only cultural and structural barriers to reporting, but also doctrinal limitations within Title VII jurisprudence that fail to capture the lived realities of Asian American professionals. This Note examines how courts’ reliance on the McDonnell Douglas burden-shifting framework—particularly its comparator requirement in disparate treatment claims—systematically disadvantages Asian American plaintiffs whose experiences of discrimination often do not fit traditional comparative models.

By situating contemporary employment discrimination doctrine within the social and cultural context of Asian American workplace experiences, this Note argues that strict adherence to comparator-based proof creates an unjust evidentiary barrier...

Memory as Movement: Celebrating APALJ's 35th Anniversary

Wed, 10 Jun 2026 00:00:00 +0000

Memory as Movement: Celebrating APALJ's 35th Anniversary

Revisiting the Census Citizenship Question: A 2019 Amicus Brief and the Continuing Battle Over Who Counts

Wed, 10 Jun 2026 00:00:00 +0000

Revisiting the Census Citizenship Question: A 2019 Amicus Brief and the Continuing Battle Over Who Counts

Front Matter

Wed, 10 Jun 2026 00:00:00 +0000

Front Matter

Eyes on the Road: Strengthening Fourth Amendment Protections Against Law Enforcement's Accelerating Use of Automated License Plate Readers

Mon, 8 Jun 2026 00:00:00 +0000

Automated License Plate Readers (ALPRs) have become a critical tool to help law enforcement collect and analyze vehicle records to locate stolen cars and cars sought in connection with other crimes. ALPRs capture images of license plates, accompanied by timestamps and location data, to generate real-time alerts and support the investigation of crimes after the fact. Because vehicles are a nearly inevitable fact of American life, the widespread use of ALPR technology raises profound privacy concerns. Lower courts have begun to address the privacy risks posed by expansive and long-term ALPR surveillance, at times drawing parallels to the cell-site location data in Carpenter v. United States. Accordingly, this Comment explores the constitutional implications of warrantless ALPR data collection and use, analyzing the technology’s potential to infringe on the rights guaranteed by the Fourth Amendment. With privacy in mind, this Comment proposes a judicial rule consistent with Carpenter...

Can You Be Black and Teach That?

Mon, 8 Jun 2026 00:00:00 +0000

Can You Be Black and Teach That?

Campus Protests: Student Advocacy in Support of a Foreign Terrorist Organization

Sun, 7 Jun 2026 00:00:00 +0000

Campus Protests: Student Advocacy in Support of a Foreign Terrorist Organization

A Very Complicated Entity”: Lessons from theDOGE-United States Institute of Peace Showdown

Sun, 7 Jun 2026 00:00:00 +0000

A Very Complicated Entity”: Lessons from theDOGE-United States Institute of Peace Showdown

Bush v. Gore's Ironic Legacy

Sun, 7 Jun 2026 00:00:00 +0000

Bush v. Gore's Ironic Legacy

The Waning of Racial Preferences at American Law Schools, 2021-2025

Sun, 7 Jun 2026 00:00:00 +0000

The Waning of Racial Preferences at American Law Schools, 2021-2025

Private Rights: Artificial but Not Instrumental

Sun, 7 Jun 2026 00:00:00 +0000

Private Rights: Artificial but Not Instrumental

Artificial Intelligence and the Discrimination Injury

Sun, 7 Jun 2026 00:00:00 +0000

Artificial Intelligence and the Discrimination Injury

The Case for Plural Executives in the Age of Strongmen

Sun, 7 Jun 2026 00:00:00 +0000

The Case for Plural Executives in the Age of Strongmen

The Press Clause: Important, Remembered, and Equally Shared

Sun, 7 Jun 2026 00:00:00 +0000

The Press Clause: Important, Remembered, and Equally Shared

Normative Contestation in the International Order: Is China Remaking Global Governance?

Sun, 7 Jun 2026 00:00:00 +0000

Normative Contestation in the International Order: Is China Remaking Global Governance?

Courts and Democratic Backsliding: A Comparative Perspective on the United States

Sun, 7 Jun 2026 00:00:00 +0000

Courts and Democratic Backsliding: A Comparative Perspective on the United States

The economic consequences of introducing rescissionary private rights of action in the investment fund industry

Sun, 7 Jun 2026 00:00:00 +0000

The economic consequences of introducing rescissionary private rights of action in the investment fund industry

Public Law: A Casebook for Masters Degree Students (Selected Front Matter)

Sun, 7 Jun 2026 00:00:00 +0000

Public Law: A Casebook for Masters Degree Students (Selected Front Matter)

The Tax Struggle and Renewable Power

Sun, 7 Jun 2026 00:00:00 +0000

The Tax Struggle and Renewable Power

Failing to Save the Press: What Should Be Next?

Sun, 7 Jun 2026 00:00:00 +0000

Failing to Save the Press: What Should Be Next?

Faux Campaign Finance Regulation and the Pathway to American Oligarchy

Sun, 7 Jun 2026 00:00:00 +0000

Faux Campaign Finance Regulation and the Pathway to American Oligarchy

Harvard Does Have Options if It Loses Tax-Exempt Status

Sun, 7 Jun 2026 00:00:00 +0000

Harvard Does Have Options if It Loses Tax-Exempt Status

Politics and Justice at the International Criminal Court

Sat, 6 Jun 2026 00:00:00 +0000

Politics and Justice at the International Criminal Court

Excessive Force in Prison

Sat, 6 Jun 2026 00:00:00 +0000

Excessive Force in Prison

Introduction: Borders and Belonging

Sat, 6 Jun 2026 00:00:00 +0000

Introduction: Borders and Belonging

American Cultural Heritage's Embrace of Tribal Cultural Heritage

Sat, 6 Jun 2026 00:00:00 +0000

American Cultural Heritage's Embrace of Tribal Cultural Heritage

Greening the Ghetto Revisited: Three Decades of Environmental Justice Law

Sat, 6 Jun 2026 00:00:00 +0000

Greening the Ghetto Revisited: Three Decades of Environmental Justice Law

Rights, Remedies, and Normative Uncertainty about Justice

Sat, 6 Jun 2026 00:00:00 +0000

Rights, Remedies, and Normative Uncertainty about Justice

Democratic Civic Education and Democratic Law

Sat, 6 Jun 2026 00:00:00 +0000

Democratic Civic Education and Democratic Law

A Framework for Managing Disputes Over Intellectual Property Rights in Traditional Knowledge

Sat, 6 Jun 2026 00:00:00 +0000

A Framework for Managing Disputes Over Intellectual Property Rights in Traditional Knowledge

Separation of Powers and Political Parties

Sat, 6 Jun 2026 00:00:00 +0000

Separation of Powers and Political Parties

The Additionality Double Standard

Sat, 6 Jun 2026 00:00:00 +0000

The Additionality Double Standard

More Territory, More Trouble: Can Trump Seize Greenland?

Sat, 6 Jun 2026 00:00:00 +0000

More Territory, More Trouble: Can Trump Seize Greenland?

Native Reproductive Self-Determination

Sat, 6 Jun 2026 00:00:00 +0000

Native Reproductive Self-Determination

Temptation, Sinlessness, And Impeccability

Sat, 6 Jun 2026 00:00:00 +0000

Temptation, Sinlessness, And Impeccability

Communications Law and Policy: Cases and Materials (Edition 8.0)

Sat, 6 Jun 2026 00:00:00 +0000

Communications Law and Policy: Cases and Materials (Edition 8.0)

Little Things Matter a Lot: The Significance of Implicit Bias, Practically & Legally

Sat, 6 Jun 2026 00:00:00 +0000

Little Things Matter a Lot: The Significance of Implicit Bias, Practically & Legally

Insider Trading Against the Corporation

Fri, 5 Jun 2026 00:00:00 +0000

Insider Trading Against the Corporation

Deconstructing the Senior Creditor

Fri, 5 Jun 2026 00:00:00 +0000

Deconstructing the Senior Creditor

Sharing Where Bargains are Impossible

Fri, 5 Jun 2026 00:00:00 +0000

Sharing Where Bargains are Impossible

A Theory of the REIT

Fri, 5 Jun 2026 00:00:00 +0000

A Theory of the REIT

Incorporating Responsibility

Fri, 5 Jun 2026 00:00:00 +0000

Incorporating Responsibility

Majority Rules

Fri, 5 Jun 2026 00:00:00 +0000

Majority Rules

Birth Control Narratives: Jewish Women and the Law of Reproduction

Thu, 4 Jun 2026 00:00:00 +0000

Birth Control Narratives: Jewish Women and the Law of Reproduction

Fair Comment: Restoring the Rightful Scope of Fair Use and Free Speech after Elster and Warhol

Thu, 4 Jun 2026 00:00:00 +0000

Social criticism and self-expression are being suppressed under overbroad intellectual property regimes. The United States Supreme Court has had multiple opportunities to apply its precedents on common-law torts, statutory crimes, and administrative regulations to copyright, trademark, and the right of publicity, but it has failed to do so. Indeed, the Court has tripled down on a definitional or internal approach that virtually prohibits First Amendment scrutiny of injunctions or damages against infringing speech in copyright disputes.

This Article explores how the Supreme Court has not carefully considered a constitutional right to engage in commentary in its intellectual property jurisprudence. Cases like Harper & Row, Campbell, Warhol, Jack Daniels, and potentially Elster introduced a necessity test, which helps determine whether imitation of a protected work or...

Black Letter Law

Thu, 4 Jun 2026 00:00:00 +0000

Black Letter Law

Front Matter

Thu, 4 Jun 2026 00:00:00 +0000

Front Matter

Tackling the Economic Duress Problem with the NFL Franchise Tag

Thu, 4 Jun 2026 00:00:00 +0000

Since the National Football League (“NFL”) created the Franchise Tag in 1993, 245 NFL players have been offered a one-year franchise tag contract that prevented them from benefitting from the free agent market to realize their true value. NFL players used to have an avenue of suing the NFL by dissolving their union, the National Football League Players Association (“NFLPA”), and challenging the Collective Bargaining Agreement (“CBA”) under antitrust law. However, the Eighth Circuit Court foreclosed such challenges in Brady v. NFL in 2011, removing one of the few tools players had to balance out the bargaining power with NFL Owners.

In this Note, I document the development of the franchise tag and explain its functioning, and discuss the impact of Brady v. NFL on antitrust challenges to the CBA. I then suggest a different method players could employ—suing the NFL for franchise tag contracts as a form of economic duress. Alternatively,...

Play It Again, HAL: Evaluating Fair Use in Generative Music Artificial Intelligence Training

Thu, 4 Jun 2026 00:00:00 +0000

This paper evaluates fair use in the context of the training process for generative music AI systems, such as those creating text-to-music, voice-to-music, instrumental-only, lyrics-only, and other outputs. Training data for such systems is comprised of musical compositions and sound recordings, much of which is under copyright. This paper considers the four fair use factors and how courts may weigh them in favor of, or against, fair use in the unauthorized copying of copyrighted works for music AI training. This paper adopts the approach outlined in Andy Warhol Found. for the Visual Arts v. Goldsmith, 598 U.S. 508 (2023) for the first fair use factor, which emphasizes proper framing of the specific use and the purpose of the allegedly infringing secondary work at issue—here, the generative music AI system and its use by end-users. This paper will consider three possible views of the purpose of a generative music AI...

Transgender Students and the Fundamental Right to Self-Identify at Scholl

Thu, 4 Jun 2026 00:00:00 +0000

Transgender Students and the Fundamental Right to Self-Identify at Scholl

Front Matter

Thu, 4 Jun 2026 00:00:00 +0000

Front Matter