Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Note, Volume 111, December 2023, Dylan Houle California Law Review Note, Volume 111, December 2023, Dylan Houle California Law Review

Preventing the Next Global Crisis: Addressing the Urgent Need for Space Debris Removal

Space debris is an undeniable threat to the future use of orbital space around Earth. Most experts agree that we are reaching the point of maximum capacity in many parts of space and the threat of future collisions is growing more severe. However, little is being done to address the issue

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Symposium, Volume 111, December 2023, Martha S. Jones California Law Review Symposium, Volume 111, December 2023, Martha S. Jones California Law Review

Response to Professor Blight’s Frederick Douglass and the Two Constitutions: Proslavery and Antislavery

In his essay Frederick Douglass and the Two Constitutions, Professor David Blight explores the constitutional thought of the nineteenth century’s great human rights advocate, statesman, and orator, Frederick Douglass. How should we understand, he asks, Douglass’s arrival at a natural rights interpretation of the 1787 Constitution?

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Symposium, Volume 111, December 2023, Annette Gordon-Reed California Law Review Symposium, Volume 111, December 2023, Annette Gordon-Reed California Law Review

Comment on Frederick Douglass and the Two Constitutions: Proslavery and Antislavery

Thank you for inviting me to participate in this symposium. I want to thank David Blight, in particular, for this rich and provocative Essay. It was fascinating for me to learn that he has come over to the position of my friends James Oakes and Sean Wilentz, with whom I have argued about the concept of the antislavery American Constitution.

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Symposium, Volume 111, December 2023, David Blight California Law Review Symposium, Volume 111, December 2023, David Blight California Law Review

Frederick Douglass and the Two Constitutions: Proslavery and Antislavery

Born a slave on the eastern shore of Maryland and spending the first twenty years of his life in bondage, Frederick Douglass possessed no conventional education. He did not spend a single day of his life in schools of any kind. His “education” came from people around him, from books, from journalism, from wide reading, and finally, from his personal experience and relationships.

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When Judges Were Enjoined: Text and Tradition in the Federal Review of State Judicial Action

It is virtually a tenet of modern federal jurisdiction that judges, at least when they are acting as judges, are inappropriate defendants in civil suits. Yet on rare but salient occasions, state judges might be the sole or primary party responsible for violating the constitutional rights of citizens, for instance by imposing excessive bail or by opening their courtrooms to oppressive private suits like those under Texas’s Senate Bill 8 bounty regime.

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Article, Volume 111, December 2023, John Harland Giammatteo California Law Review Article, Volume 111, December 2023, John Harland Giammatteo California Law Review

The New Comity Abstention

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including those under the Americans with Disabilities Act and the Indian Child Welfare Act.

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Democracy’s Other Boundary Problem: The Law of Disqualification

Almost all national constitutions contain one or more ways to disqualify specific individuals from political office. Indeed, the U.S. Constitution incorporates at least four overlapping pathways toward disqualification. This power of disqualifying specific individuals or groups stands at the heart of the complex project of maintaining democratic rule.

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