The web edition of the California Law Review.
CLR Online
Federal Emergency Powers in a Pandemic
President Trump has proven oddly reluctant to make full use of federal emergency powers during the coronavirus pandemic. The reasons for the delay are puzzling, given his enthusiasm for using emergency powers in other settings. Fortunately, the harm caused by his lackluster response to the coronavirus has been somewhat mitigated by the decentralized nature of the U.S. federal system for addressing epidemics. Where the federal government has faltered, state governments have stepped up to address the challenge with social distancing orders and stay-at-home orders…
The Constitution and a Pandemic
First, what can and can’t the government do in restricting liberties to stop the spread of COVID-19? Second, what is the respective constitutional authority of the federal and state governments in dealing with the pandemic?
Unequal Access: How Debt Exacerbates Inequality in Education Financing
When school funding flows from property taxes, it follows that geographic wealth disparities will lead to unequal districts. In the 1970s, courts began wading into the legally murky water of school funding to correct such gaps, but they did so without a comprehensive understanding of what creates them in the first place. Courts focused on property taxes and spending per pupil…