The web edition of the California Law Review.
CLR Online
Sikhs in America: “Perpetually Foreign, Automatically Suspect, and Potentially Terrorist”
Gurupreet Kaur, a six-year-old Sikh girl, died while attempting to cross the southern border into the United States in June 2019. She had traveled from India with her mother and had hoped to reunite with her father, who was already seeking asylum in New York. Gurupreet and her mother were in their final stretch of walking from Mexico to Arizona, but their journey together ended in the Arizona desert when they separated while trying to find water to survive the unbearable heat. Many immigrants have perished in that same strip of desert while attempting to enter the United States.
Law Schools Have A Moral and Social Responsibility to End Systemic Racism
This blog post will describe how law schools are pipelines for government positions in America, while also being institutions that have engaged in discriminatory practices. I conclude by providing seven actions that law schools can take to work towards remedying a history of discrimination and ensuring that the legal profession reflects the diversity of our society…
Angels of Injustice: What Large-Scale Protests Teach Us About Justice
The law student confounded by the simple question, “What is justice?” now sits in an exceptional moment of reckoning. The question is not a facetious one, despite the grave irony of being asked in a country built on stolen land by stolen people, where even the most publicly adored jurist can callously dismiss an indigenous nation by wagging at “embers of sovereignty that long ago grew cold…
An Equal Protection Defense of SB 826
On September 30, 2018, Governor Jerry Brown approved Senate Bill 826 (SB 826), requiring female representation on California-based companies’ corporate boards. SB 826 is the mandatory version of Senate Concurrent Resolution 62, which in September 2013 urged California companies to increase female representation on their boards to between one and three women, depending on…
Free Exercise’s Lingering Ambiguity
It has become common, for example, for churches to demand that their ability to gather for worship not be considered less essential than the operation of liquor stores in those states that have designated the latter as “essential” businesses. In other words, these churches argue that the First Amendment does not permit states to prioritize pinot noir over prayer. Judges hearing these…
The Constitutional Challenges Awaiting Police Reform—and How Congress Can Try to Address Them Preemptively
As November elections loom, incumbents have responded to nationwide protests by advancing a panoply of police reform measures. Some of these proposals are gaining momentum. This Article addresses the constitutional challenges that await federal reform efforts by discussing three of the more popular proposals…
The Americans with Disabilities Act at Thirty
While the failures of the ADA have been many, its successes have been paradigm shifting. This commentary is meant to celebrate those successes, and to wish that paradigm shifting law a happy thirtieth birthday…
Discriminatory Paycheck Protection
Deciding how and whom to protect during this crisis is a quintessentially political choice—among the most central of the current moment. But as these cases show, relief funding during a crisis not only can’t avoid First Amendment scrutiny—the newly expanded funding might actually be what prompts scrutiny of programs that previously spent decades flying under courts’ radar…
Separation of Powers, Checks and Balances, and the Future of DACA
In Department of Homeland Security v. Regents of the University of California, which was decided by the Supreme Court on June 18, 2020, the Court determined that the rescission of Deferred Action for Childhood Arrivals (DACA) by the Department of Homeland Security (DHS) is judicially reviewable and that it was arbitrary and capricious under the Administrative Procedure Act…
Rule of Law from the Ground Up: Legal Curriculum Reform in Afghanistan
The rule of law, arguably the most cherished political ideal, remains elusive in many corners of the world. Since its formation in the mid-eighteenth century, Afghanistan has experienced episodes of “rule by law,” “rule of man,” and “rule of gun” much more so than the rule of law. This Article contributes to the literature by exploring the nexus between the rule of law and legal education in developing…