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

Print Edition

Article, Volume 110, April 2022, Darren Lenard Hutchinson California Law Review Article, Volume 110, April 2022, Darren Lenard Hutchinson California Law Review

“With All the Majesty of the Law”: Systemic Racism, Punitive Sentiment, and Equal Protection

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit…

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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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