Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Lam’s Legacy: Mapping Employment Discrimination Doctrine under the Green-light of Intersectionality
The Ninth Circuit’s decision in Lam v. University of Hawaiʻi is the “high water mark” of intersectional Title VII jurisprudence. However, this Note suggests that despite thirty years since Lam, courts have struggled to conceptualize the intersectional identities of plaintiffs and the multifaceted discrimination they face.
E Ola Mau Ka ‘Ōlelo Hawaiʻi: Language Revitalization, Reparations, and the Courts
Once considered a dying language, ‘ōlelo Hawaiʻi (the Hawaiian language) has made a powerful resurgence in recent decades, thanks in large part to the proliferation of Hawaiian immersion programs at schools across the State. In 2019, the Hawaiʻi State Supreme Court strengthened these programs in Clarabal v. Department of Education, which held that the State of Hawaiʻi has a constitutional obligation to make all reasonable efforts to provide access to Hawaiian immersion education. This Note argues that Clarabal serves as an example of the type of reparative jurisprudence that is necessary to provide tangible restitutive benefits to historically victimized peoples.
Proposition 209 and the Hidden Diversity Ecosystem: The Aftermath of California’s Affirmative Action Ban
This Note argues that today’s increased racial diversity in the UC’s student body is a result of a two-part system: (1) the UC’s diversity efforts within its self-prescribed limits under Proposition 209, and (2) the hidden ecosystem of private actors acting outside doctrinal limits to increase diversity in higher education.
Sliding Scales of Justice? An Analysis of California’s Approach to Unconscionability
Despite its growing prominence, the sliding-scale approach to unconscionability remains undertheorized. Courts have seldom discussed its rationale, and scholarly commentators have largely neglected the concept. To help fill this lacuna, this Note provides a history and analysis of California’s sliding-scale approach to unconscionability.
Sex, Drugs & Innovation Law: Regulating the Legality of “Poppers”
This Note examines the current legal landscape around “poppers,” an alkyl nitrite-based inhalant that has a strong association with the LGBTQ+ community as a party and sex drug.
The Prosecutorial Ethics of Investigating Police Shootings While Accepting Campaign Contributions from Police Unions
This Note is concerned with the unique conflict of interest presented when a prosecutor who accepts campaign contributions from a police union is responsible for investigating police shootings or other officer misconduct.
Admitting AI Art as Demonstrative Evidence
This Note explains both how artificial intelligence companies could institute initiatives for better quality assurance at the front end, and how courts can encourage such measures through new applications of existing evidentiary and procedural rules. The Note ultimately argues that the emerging use of GAI imagery may necessitate stricter standards in demonstrative evidence law.
Reproductive Control as a Carceral Tool of the State – Understanding Eugenics in a Post-Roe Society
This Note uses the history of eugenics and state-sanctioned reproductive oppression to show that abortion is not “a tool of modern-day eugenics,” as conservatives inaccurately proclaim. Adopting a reproductive justice framework is necessary to realize true reproductive freedom.
Resolving Conflicts Between Tribal and State Regulatory Authority Over Water
Courts should recognize a presumption of exclusive Tribal regulatory authority over all on-reservation water resources. This approach safeguards Tribal health and welfare while providing sorely needed predictability to Tribal-state regulatory disputes over water. States can be confident that their interests will be adequately accounted for because Tribes have a proven track record of equitably regulating water resources, and there are plentiful opportunities for state-Tribal cooperation.
The Pandora’s Box of “Voter Fraud”
This Note proposes a novel way of applying the Anderson-Burdick balancing test, using the court response to tort claims based on phobia of and misinformation surrounding HIV/AIDS in the 1980s and ‘90s. When considering state regulatory interests, courts should not ask if the state interest is reasonable, but if the state interest should be reasonable.
Can California Pleas Resurrect Its Unconstitutional Conditions Doctrine?
Like all U.S. jurisdictions, California’s criminal legal system is largely administered via plea bargains. Although courts characterize plea bargains as fair and necessary, these characterizations do not enjoy strong empirical support. This Note concludes that plea bargaining practices likely violate California’s unconstitutional conditions doctrine and urges state actors to implement reforms.
A Rule Change Is, After All, a Rule Change: Rule 23 Settlement Approval and the Problems of Consensus Rulemaking
Past efforts by the Advisory Committee on Civil Rules to substantially reform Rule 23 have been met with such controversy that more recently, the Advisory Committee has elected to pursue more modest reforms. The new criteria have been widely understood as introducing modest changes and have even been argued by some to have done nothing more than codify existing circuit practice. However, two circuits have sharply diverged in their interpretation of what the new Rule 23(e)(2) requires, calling into question whether the changes are so self-evidently modest and dashing the goal of unifying circuit practice.
LEAK! The Legal Consequences of Data Misuse in Menstruation-Tracking Apps
As patients become more sophisticated in managing their own health, they often turn to tracking apps to record and manage their health. Menstruation apps often track menstrual cycles, sexual activity, mood changes, and more.
Preventing the Next Global Crisis: Addressing the Urgent Need for Space Debris Removal
Space debris is an undeniable threat to the future use of orbital space around Earth. Most experts agree that we are reaching the point of maximum capacity in many parts of space and the threat of future collisions is growing more severe. However, little is being done to address the issue
Coercive Control Legislation: Using the Tort System to Empower Survivors of Domestic Violence
This Note analyzes the various approaches to legislating against coercive control and ultimately recommends against criminalizing the behavior, as such efforts could cause backlash against survivors and are likely to disproportionately affect marginalized communities.
Reclaiming LA’s “Mulholland Moment”: Wastewater Recycling, the Public Trust Doctrine, and Saving the LA River
Los Angeles is experiencing an unprecedented “Mulholland Moment”: a period of bustling enterprise, skyrocketing socioeconomic inequality, and dwindling water resources. After years of yellow lawns and increasing water use restrictions, Angelenos are thirsty for local, reliable, and affordable water supplies even as climate change and prolonged periods of drought become the norm.
Jet-Setting to Napa Vineyards and Las Vegas Casinos on the Company’s Dime: How the SEC’s Recent Enforcement Actions Expose the Need for Executive Perquisite Reform
Despite the increased attention on executive compensation generally, little scholarship has focused on executive perquisites: benefits granted only to executives above and beyond their salary and untied to their job performance. Since 2006, the Securities and Exchange Commission (SEC) has refused to update its disclosure requirements…
Invisible Hands: Forced Labor in the United States and the H-2 Temporary Worker Visa Program
Each year, hundreds of thousands of workers enter the United States on H-2 temporary worker visas for low-wage, seasonal employment. These workers are each legally tied to their U.S. employer in industries largely outside of public view, such as agriculture, food processing, construction, landscaping, amusement, and forestry. Although H-2 visa workers are integral to the U.S. economy, exploitation against them and systemic violations of their legal rights are rampant.
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.