Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Data Unions: The Need for Informational Democracy
The data that everyday consumers produce is becoming more and more important to the economy. Yet, as this data imbues tech corporations with tremendous wealth and power, we, the data producers, have no say as to how our data is collected or how it is used. The reign of data analytics to pursue profit above all else has led to a conflagration of data harms perpetuated…
Pathways to Financial Security: A New Legal Avenue for Survivors of Coerced Debt in California
A new form of domestic violence has emerged out of the modern proliferation of consumer lending: coerced debt. Although abusers use a wide range of tactics to coerce debt—from…
Racial Equality Compromises
Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America’s racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust, rather than justice and unity. In so doing, these compromises…
Unveiling: The Law of Gendered Islamophobia
For far too long, “unveiling” has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article disrupts legal…
The Sacred and the Profaned: Protection of Native American Sacred Places That Have Been Desecrated
From Standing Rock to San Francisco Peaks, Native American efforts to protect threatened sacred places in court have been troubled by what this Article identifies as the profanation principle: a presumption that places already profaned or degraded by development…
Laboratories of the Future: Tribes and Rights of Nature
From global challenges such as climate change and mass extinction, to local challenges such as toxic spills and undrinkable water, environmental degradation and the impairment of Earth systems are well documented. Yet, despite this reality, the U.S. federal government has done little in the last thirty years to provide a comprehensive solution to these profound environmental challenges…