Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Pathways to Financial Security: A New Legal Avenue for Survivors of Coerced Debt in California
A new form of domestic violence has emerged out of the modern proliferation of consumer lending: coerced debt. Although abusers use a wide range of tactics to coerce debt—from…
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…
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…
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 […]
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…