Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Wage Recovery Funds
Wage theft is rampant in the United States. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft—charging government agencies with enforcing the law—has largely failed to mitigate this power differential…
The Unstoppable App Campaign: The Dangers of First Amendment Protection for In-App Political Campaigning
Technology platforms give Silicon Valley an unprecedented ability to shape the political reality of consumers. In the 2020 California election, gig corporations like Uber, Lyft, DoorDash, and Instacart won a major political battle ensuring that their workers remained independent contractors…
Lawyering from a Deportation Abolition Ethic
This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight…
Race-Aware Algorithms: Fairness, Nondiscrimination and Affirmative Action
The growing use of predictive algorithms is increasing concerns that they may discriminate, but mitigating or removing bias requires designers to be aware of protected characteristics and take them into account. If they do so, however, will those efforts be considered a form of discrimination? Put concretely, if model-builders take race…
Assimilation, Expansion, and Ambivalence: Strategic Fault Lines in the Pro-Trans Legal Movement
For the past five decades, lawyers advocating on behalf of trans people have used arguments based in a binary understanding of gender to win critical legal battles in the fight for gender justice. These binary arguments clearly serve a strategic purpose: achieving major legal victories. Judges from state trial courts to the U.S. Supreme Court…
Confrontation After COVID
The opportunity to face one’s accuser is a fundamental right guaranteed by the Sixth Amendment’s Confrontation Clause. It is a historical right that the Romans afforded to Jesus’s disciples. And it is a right that may soon fall by the wayside in our new socially distant reality and beyond…