The web edition of the California Law Review.

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Blog, January 2021, Molly Lao California Law Review Blog, January 2021, Molly Lao California Law Review

The Pitfalls of Food and Nutrition Block Grants

Block grants can provide states with flexibility over SNAP requirements. However, keeping SNAP as an entitlement program will better provide benefits to individuals in need. Instead of reviving politically contentious debates each time Congress discusses SNAP block grants’ budget, Congress should maintain SNAP’s current entitlement program to better to prioritize anti-hunger goals…

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Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights

HHS under the Trump administration finalized a new rule in June 2020 that officially stripped sexual orientation and gender identity from Section 1557’s safeguards. Whether the position taken by the Trump administration can stand is now the subject of several legal challenges, particularly in light of the recent Supreme Court decision Bostock v. Clayton Co., which held that sexual orientation…

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Blog, January 2021, Jasjit Mundh California Law Review Blog, January 2021, Jasjit Mundh California Law Review

Class as Protected

The impact of slipping into poverty is all-encompassing; I mean that in the way that poverty will impact every step and crevice of your financial health, physical health, and mental health for the rest of your life. So why aren’t there more legal protections for poor Americans? As it stands, socioeconomic status is not a protected class under anti-discrimination laws. But it should be—and here’s why…

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Online Article, January 2021, Elizabeth Brilliant California Law Review Online Article, January 2021, Elizabeth Brilliant California Law Review

Unjustified Punishment: The Eighth Amendment and Death Sentences in States that Fail to Execute

Individuals incarcerated in states that have enacted death penalty moratoria do not have their death sentences carried out in a timely and expeditious manner; instead, these incarcerated individuals sit on death row until they are either exonerated or die of natural causes. Individuals on death row in these states sit on death row for over two decades on average. This Article argues that capital…

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Op-Ed, January 2021, Heather Elliott California Law Review Op-Ed, January 2021, Heather Elliott California Law Review

What We Can All Learn from Ruth Bader Ginsburg

My husband came running from his den, shouting something unintelligible. I stopped my work and looked up as he ran in. He said, “RBG died.” All I could do was stare at him. As one of Justice Ruth Bader Ginsburg’s many law clerks, and one of four who clerked for her in the 2001 Term, I felt a tremendous loss: historical, political, and personal. The past year has been the abyss of hell. From wildfires…

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Op-Ed, January 2021, Erwin Chemerinsky California Law Review Op-Ed, January 2021, Erwin Chemerinsky California Law Review

The New Supreme Court

For conservatives, what I have described is an occasion for great celebration. They have succeeded in their goal of a very conservative Court. For liberals, like me, the challenge is enormous. No longer can we imagine the Court as a possibility for progressive change. We must look to state courts and the political process for that, while fearing how the Court will strike down progressive federal, state, and local laws…

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