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

Print Edition

Volume 112, October 2024, Anna VanCleave, Article California Law Review Volume 112, October 2024, Anna VanCleave, Article California Law Review

Prison Banking

This Article examines the history and legal status of inmate trust accounts and the vulnerability of these funds. The Article places prison banking within the broader landscape of racialized wealth extraction through the criminal system and challenges the assumption that prisons and jails—subject to little regulation despite apparent conflicts of interest—should be permitted to operate a low-transparency banking system with exclusive control.

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Volume 112, October 2023, Adriana Hardwicke, Note California Law Review Volume 112, October 2023, Adriana Hardwicke, Note California Law Review

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.

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Volume 112, October 2024, David Beglin, Note California Law Review Volume 112, October 2024, David Beglin, Note California Law Review

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.

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Volume 112, October 2024, Mark Bartholomew, Article California Law Review Volume 112, October 2024, Mark Bartholomew, Article California Law Review

A Right to Be Left Dead

This Article interrogates the need for a right to be left dead and takes some preliminary steps towards defining its contours, chief among them an awareness that an individual right to prevent unauthorized reanimations of the dead must look very different than the existing privacy, consumer protection, and property laws marshalled against unauthorized invocations of the living.

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Volume 112, October 2024, Annie Brett, Article California Law Review Volume 112, October 2024, Annie Brett, Article California Law Review

Rethinking Environmental Disclosure

Despite the widespread enthusiasm, after decades of implementation it is increasingly clear that information regulation largely fails to achieve its environmental goals. This Article makes two main contributions. By drawing on quantitative and qualitative case studies of information-forcing regulations, it first answers the question of whether this approach to environmental regulation is effective. This Article then analyzes the mechanisms behind information forcing in conjunction with these case studies to propose characteristics that determine the success, or failure, of information regulation.

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Volume 112, August 2024, Maria I. Oliveira, Note California Law Review Volume 112, August 2024, Maria I. Oliveira, Note California Law Review

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.

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Volume 112, August 2024, Sara A. Colangelo, Article California Law Review Volume 112, August 2024, Sara A. Colangelo, Article California Law Review

Bridging Silos: Environmental and Reproductive Justice in the Climate Crisis

This Article makes two interventions into existing legal scholarship. First, the Article identifies an intersectional nexus of hazard between environmental and reproductive justice, which is especially acute for women of color living in under-resourced communities. Second, the Article argues for a ground-up approach based on community power-building and interdisciplinary cooperation, which can inform legal and policy solutions at scale.

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Volume 112, August 2024, Aliza H. Bloom, Article California Law Review Volume 112, August 2024, Aliza H. Bloom, Article California Law Review

Whack-A-Mole Reasonable Suspicion

This Article examines police officers’ and deferential courts’ emerging reliance on the term “blading” or “blading away,” as a behavior supporting the reasonable suspicion constitutionally required for a stop and search. After conducting a comprehensive analysis of the term’s usage in state and federal courts over the past five years, the Article groups three contradictory categories of meaning and argues for the abolition of "blading" as a justification.

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Volume 112, August 2024, Edward Oh, Note California Law Review Volume 112, August 2024, Edward Oh, Note California Law Review

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.

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Volume 112, June 2024, Osagie K. Obasogie, Essay California Law Review Volume 112, June 2024, Osagie K. Obasogie, Essay California Law Review

Section 1983 and Police Use of Force: Towards a Civil Justice Framework

Conversations about police use of force have peaked in recent years as social movements and the increased visibility of police killings have led to demands for change and accountability. Unfortunately, criminal prosecutions are rare, which has led victims and their families to seek justice through civil actions. 42 U.S.C. § 1983 is the most common legal vehicle to do this and allows people who have suffered violations of their constitutional rights to seek and receive money for the harm done to them.

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Volume 112, June 2024, Article, Emmanuel Mauleon California Law Review Volume 112, June 2024, Article, Emmanuel Mauleon California Law Review

Legal Endearment: An Unmarked Barrier to Transforming Policing, Public Safety, and Security

The problems of racialized policing have come into renewed focus over the past decade. Even after the mobilization of one of the largest racial justice movements in American history, transformative change remains elusive. This Article offers an answer to this puzzle by foregrounding White people’s collective relationship with policing and describing how this relationship colors current debates on how to best address policing’s racial disparities.

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Volume 112, June 2024, Fred O. Smith, Essay California Law Review Volume 112, June 2024, Fred O. Smith, Essay California Law Review

Civil Justice and Abolition: An Exercise in Dialectic

Drawing inspiration from Professor Henry Hart’s work The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, the Essay presents a fictional conversation between two federal courts professors. This dialogue explores the implications of abolitionism and “non-reformist reform” in a legal doctrinal context.

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