Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Article, Podcast, Volume 111, February 2023, Etienne C. Toussaint California Law Review Article, Podcast, Volume 111, February 2023, Etienne C. Toussaint California Law Review

The Purpose of Legal Education

When President Donald Trump launched an assault on diversity training, critical race theory, and The 1619 Project in September 2020 as “divisive, un-American propaganda,” many law students were presumably confused. After all, law school has historically been doctrinally neutral, racially homogenous, and socially hierarchical. In most core law school courses, colorblindness and objectivity…

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Article, Podcast, Volume 110, October 2022, Elizabeth Ford California Law Review Article, Podcast, Volume 110, October 2022, Elizabeth Ford California Law Review

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…

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Note, Podcast, Volume 110, August 2022, Elizabeth Heckmann California Law Review Note, Podcast, Volume 110, August 2022, Elizabeth Heckmann California Law Review

A Modern Poll Tax: Using the Twenty-Fourth Amendment to Challenge Legal Financial Obligations as a Condition to Re-Enfranchisement

The Twenty-Fourth Amendment to the United States Constitution has received little attention from federal courts since its ratification. The Amendment’s language is broad and far-ranging, prohibiting conditioning the right to vote on payment of poll taxes or “any other” tax. Although the Amendment’s text, its legislative history, and early Supreme Court decisions strongly indicate that […]

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Article, Podcast, Volume 110, June 2022, Norrinda Brown Hayat California Law Review Article, Podcast, Volume 110, June 2022, Norrinda Brown Hayat California Law Review

Housing the Decarcerated: Covid-19, Abolition, and the Right to Housing

The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the “culture of exclusion” that has long pervaded subsidized housing policy, enabled by a patchwork of federal laws, including the Anti-Drug Abuse Act (ADA) of 1988 and the Supreme Court’s ruling in HUD v. Rucker

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Article, Podcast, Volume 110, June 2022, Marissa Jackson Sow California Law Review Article, Podcast, Volume 110, June 2022, Marissa Jackson Sow California Law Review

Protect and Serve

There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of…

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Note, Podcast, Volume 110, April 2022, Isabel Tahir California Law Review Note, Podcast, Volume 110, April 2022, Isabel Tahir California Law Review

Addressing the United States Climate Crisis and Climate Displacement

In the United States, climate change discourse often focuses on international communities, island nations, and poor global citizens. While the focus on international communities is important, it places the impact of climate change in remote and distant locations. This Note argues that associating climate change with people outside the United States creates an “otherization” of climate change…

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Article, Podcast, Volume 110, April 2022, Khiara M. Bridges California Law Review Article, Podcast, Volume 110, April 2022, Khiara M. Bridges California Law Review

The Dysgenic State: Environmental Injustice and Disability-Selective Abortion Bans

Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins—to which low-income people and people of color disproportionately are exposed—are known to cause impairments in fetuses. When the fact of environmental injustice is read together with disability…

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Note, Podcast, Volume 110, February 2022, Sean Kolkey California Law Review Note, Podcast, Volume 110, February 2022, Sean Kolkey California Law Review

People over Profit: The Case for Abolishing the Prison Financial System

The term “mass incarceration” is used to describe a crisis that, to many, is both abstract and distant. But for Black, Latinx, Indigenous, low-income, and other communities whose lives are disproportionately affected by the criminal legal system, the reality of carceral exploitation is as unavoidable as it is harmful. Incarceration has always had economic ramifications, but the…

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Note, Podcast, Volume 110, February 2022, Yeji Kim California Law Review Note, Podcast, Volume 110, February 2022, Yeji Kim California Law Review

Virtual Reality Data and Its Privacy Regulatory Challenges: A Call to Move Beyond Text-Based Informed Consent

Oculus, a virtual reality company, recently announced that it will require all its users to have a personal Facebook account to access its full service. The announcement infuriated users around the world, who feared increased privacy risks from virtual reality, a computer-generated technology that creates a simulated world. The goal of virtual reality is to offer an immersive experience that appears…

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Article, Podcast, Volume 110, February 2022, Brandon M. Weiss California Law Review Article, Podcast, Volume 110, February 2022, Brandon M. Weiss California Law Review

Opportunity Zones, 1031 Exchanges, and Universal Housing Vouchers

The Tax Cuts and Jobs Act of 2017 contained former President Trump’s signature economic development initiative: the Opportunity Zone program. Allowing a deferral of capital gains tax for certain qualifying investments in low-income areas, the Opportunity Zone program aims to spur economic development by steering capital into economically distressed neighborhoods. The program is…

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Article, Podcast, Volume 110, February 2022, Matthew Clair, Amanda Woog California Law Review Article, Podcast, Volume 110, February 2022, Matthew Clair, Amanda Woog California Law Review

Courts and the Abolition Movement

This Article theorizes and reimagines the place of courts in the contemporary struggle for the abolition of racialized punitive systems of legal control and exploitation. In the spring and summer of 2020, the killings of George Floyd, Breonna Taylor, and many other Black and Indigenous people sparked continuous protests against racist police violence and other forms of oppression. Meanwhile…

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Viral Injustice

The COVID-19 pandemic blighted all aspects of American life, but people in jails, prisons, and other detention sites experienced singular harm and neglect. Housing vulnerable detainee populations with elevated medical needs, these facilities were ticking time bombs. They were overcrowded, underfunded, unsanitary, insufficiently ventilated, and failed to meet even minimum…

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Article, Podcast, Volume 110, February 2022, Jennifer D. Oliva California Law Review Article, Podcast, Volume 110, February 2022, Jennifer D. Oliva California Law Review

Dosing Discrimination: Regulating PDMP Risk Scores

Prescription drug monitoring program (PDMP) predictive surveillance platforms were designed for—and funded by—law enforcement agencies. PDMPs use proprietary algorithms to determine a patient’s risk for prescription drug misuse, diversion, and overdose. The proxies that PDMPs utilize to calculate patient risk scores likely produce artificially inflated scores for…

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