Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Fearless Dining: Mandating Universal Allergen Disclosures on Restaurant Menus
Nearly twenty percent of consumers self-identify as suffering from a food allergy or sensitivity, and over 30 million people in the United States have medically proven food allergies. Food allergies cause over 200,000 emergency room visits annually in the United States alone. Among these severe allergen-related food incidents, nearly three-quarters arise at restaurants.
Protecting the Right to a Meaningful Defense: Criminal Trial Storytelling
The widely accepted “Story Model” of jury decision-making acknowledges that juries, in large part, base their decisions not on logical or probabilistic reasoning but on the stories they construct at trial. Storytelling thus plays an important role in guaranteeing a criminal defendant a fair trial, especially where a defendant’s race triggers stereotypes that risk the presumption of innocence.
Racializing Algorithms
There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law.
Unfulfilled Promises of the Fintech Revolution
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address contributing causes such as unequal access to credit and financial services, lower rates of return, and discrimination.
Policing as Assault
From ending qualified immunity, to establishing community control over policing, to eradicating the institution of policing altogether, proposals to remedy the issue of “police violence” are on everyone’s lips. But, in the deep reservoir of proposals, the meaning of “police violence” has received relatively little attention.
Punishment Externalities and the Prison Tax
Punishment as a social institution has failed to live up to the quixotic ideals of theory and has descended into the practice of mass incarceration, which is one of the defining failures of modern times. Scholars have traditionally studied punishment and incarceration as parts of a social transaction between the criminal offender, whose crime imposes a cost to society, and the state that ensures the offender repays this debt by correcting past harms and preventing future offenses.