Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Universalizing the U Visa: Challenges of Immigration Case Selection in Legal Nonprofits
The resource limitations of legal nonprofit organizations force staff attorneys to make difficult choices about whom to serve. Nowhere are the consequences of lawyers’ case selection decisions starker than in the immigration context, where individuals face deportation if unable to successfully advocate for themselves before legal authorities. Based on three years of qualitative research within…
Improving the Housing Choice Voucher Program through Source of Income Discrimination Laws
The Housing Choice Voucher (“HCV”) program is a government program that subsidizes the rent of low-income individuals or families, allowing them to afford housing in the private market. Families pay 30 percent of their income towards rent, and the voucher covers the remainder. Congress created the program with the goal of enabling low-income families to…
Proximate Cause in Statutory Standing and the Genesis of Federal Common Law
The federal courts have long struggled to articulate a set of coherent standards for who may assert rights under a federal statute. Apart from the constitutional limitations of the judicial power under Article III, courts have until recently addressed this question under a series of freestanding “prudential” rules governing standing to sue. The Supreme Court’s…
Transforming Property: Reclaiming Indigenous Land Tenures
This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet, for complex reasons, trust property has proven…
Taking Intellectual Property into Their Own Hands
When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy copying of…
The Case for a Trial Fee: What Money Can Buy in Criminal Process
Money motivates and regulates criminal process. Conscious of adjudication costs, prosecutors incentivize guilty pleas with the prospect of a “trial penalty”: harsher post-trial sentences. Budgetary considerations motivate revenue-generating enforcement policies and asset forfeitures by law enforcement. States also charge defendants directly for nearly every criminal justice expense…