The web edition of the California Law Review.
CLR Online
COVID-19 Reveals Gaping Holes in U.S. Social Safety Net
COVID-19 is indeed a global emergency, but for millions of families, the lack of social support in the United States has been an emergency for a long time. This isn’t a new problem, only one that is newly visible in this simultaneous health care crisis for everyone. Perhaps the long-term comparative welfare of families in industrialized countries with minimally adequate social support and the few, like the United States, without it, will show the folly of ignoring this emergency for too long…
The Debt Collection Pandemic
Because American families’ finances are unlikely to recover as soon as the crisis ends, debt collection brought by the COVID-19 crisis also will not dissipate anytime soon. Even after the crisis ends, the need to implement comprehensive, longer-lasting solutions will remain. As we detail below, these solutions largely fall on the shoulders of the federal government, though state attorneys…
Releasing the 1040, Not So EZ: Constitutional Uncertainties from Presidential Tax Return Release Laws
On multiple fronts, Americans are pursuing President Trump’s tax returns: a senator through legislation, a district attorney and congressional committees through investigation, and voters through protest and persuasion. None have succeeded.
How Mobile Homes Correlate with Per Capita Income
Do lower-income parts of the U.S. have more mobile homes than higher-income ones? One might think so, based on a 2013 report from BBC News. This report found that “comparing the top 10 mobile home states with the 10 most deprived states suggests a loose correlation,” although it does not provide a way of substantiating such a claim at the sub-state level…
Legal Theories to Compel Vote-by-Mail in Federal Court
To provide a roadmap for federal vote-by-mail lawsuits related to COVID-19, this Article outlines many of the possible claims that advocates can bring in federal court to challenge states’ failure to provide mail ballots to voters. Where clear tests and guidelines for necessary evidence are absent from the case law, we propose our own…
Jurisdictional Transparency and Native American Women
While lawmakers have long known that Native American women experience gender-based violence at higher rates than any other population, lawmakers historically have addressed these harms by implementing jurisdictional changes: removing tribal jurisdiction entirely, limiting tribal jurisdiction, or returning jurisdiction to tribes in a piecemeal fashion. The result is a “jurisdictional maze” that law…
Narrowly Tailoring the COVID-19 Response
The greatest impact of the novel coronavirus on most of our lives has not been physiological. Rather, the impact has come from state governments’ responses to the virus. In much of the country, stay-at-home measures have shut down our lives—including our ability to continue with our employment, study, religious practice, socializing, and access to arts and entertainment. Commentary on the legality…
Filling the California Federal District Court Vacancies
President Donald Trump frequently argues that confirming federal appellate judges constitutes his quintessential success. The President and the Republican Senate majority have dramatically eclipsed appeals court records by appointing fifty-one conservative, young, and capable appellate court nominees, which leaves merely one vacancy across the country. Nonetheless, these approvals…
#MeToo Effects on Juror Decision Making
The modern #MeToo movement started in late 2017 and immediately had an impact on many aspects of society, bringing down over 200 powerful men in the first year and sparking swift legal change regarding the use of nondisclosure agreements to silence victims. But no research has been conducted into how the #MeToo movement has affected juror decision making in sexual assault…