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

Print Edition

Symposium, Essay, Volume 107, June 2019, James E. Pfander California Law Review Symposium, Essay, Volume 107, June 2019, James E. Pfander California Law Review

Constructive Constitutional History and Habeas Corpus Today

In her book, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, Professor Amanda Tyler has written a definitive constitutional history of the habeas privilege in the United States. Rather than rehearsing the book’s many virtues, I propose to devote this short Essay to the familiar yet intractable problem of historical translation…

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Symposium, Essay, Volume 107, June 2019, William A. Fletcher California Law Review Symposium, Essay, Volume 107, June 2019, William A. Fletcher California Law Review

Symposium Introduction

I am honored to write an introduction to the Symposium on Professor Amanda Tyler’s brilliant historical study, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay. Professor Tyler has unearthed and examined the details of an important but only partially understood aspect of the British and American experience. She scrupulously traces the evolution of the writ of…

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Symposium, Essay, Volume 106, December 2018, Richard Primus California Law Review Symposium, Essay, Volume 106, December 2018, Richard Primus California Law Review

Second Redemption, Third Reconstruction

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection…

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Symposium, Essay, Volume 106, December 2018, Justin Driver California Law Review Symposium, Essay, Volume 106, December 2018, Justin Driver California Law Review

The Keyes of Constitutional Law

Before beginning law school in 2001, I knew the names of an embarrassingly small number of judicial decisions. The only case names that I readily possessed were Brown v. Board of Education, Roe v. Wade, Bush v. Gore, and a smattering of other opinions that had managed to escape the narrow confines of the legal community. I did, however, know the name of at least one relatively obscure opinion…

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Essay, Volume 106, October 2018, Jennifer J. Lee California Law Review Essay, Volume 106, October 2018, Jennifer J. Lee California Law Review

Redefining the Legality of Undocumented Work

Undocumented workers face a new harsh reality under the Trump administration. Federal law’s prohibition of undocumented work has facilitated exploitation because workers fear being brought to the attention of immigration authorities. The current administration’s aggressive stance towards worksite enforcement will only exacerbate abuses against undocumented workers, such as wage theft…

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