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

Print Edition

Note, Volume 112, February 2024, Emily Chuah California Law Review Note, Volume 112, February 2024, Emily Chuah California Law Review

Can California Pleas Resurrect Its Unconstitutional Conditions Doctrine?

Like all U.S. jurisdictions, California’s criminal legal system is largely administered via plea bargains. Although courts characterize plea bargains as fair and necessary, these characterizations do not enjoy strong empirical support. This Note concludes that plea bargaining practices likely violate California’s unconstitutional conditions doctrine and urges state actors to implement reforms.

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Note, Volume 112, February 2024, Matt Veldman California Law Review Note, Volume 112, February 2024, Matt Veldman California Law Review

A Rule Change Is, After All, a Rule Change: Rule 23 Settlement Approval and the Problems of Consensus Rulemaking

Past efforts by the Advisory Committee on Civil Rules to substantially reform Rule 23 have been met with such controversy that more recently, the Advisory Committee has elected to pursue more modest reforms. The new criteria have been widely understood as introducing modest changes and have even been argued by some to have done nothing more than codify existing circuit practice. However, two circuits have sharply diverged in their interpretation of what the new Rule 23(e)(2) requires, calling into question whether the changes are so self-evidently modest and dashing the goal of unifying circuit practice.

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Note, Volume 111, December 2023, Dylan Houle California Law Review Note, Volume 111, December 2023, Dylan Houle California Law Review

Preventing the Next Global Crisis: Addressing the Urgent Need for Space Debris Removal

Space debris is an undeniable threat to the future use of orbital space around Earth. Most experts agree that we are reaching the point of maximum capacity in many parts of space and the threat of future collisions is growing more severe. However, little is being done to address the issue

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Note, Volume 111, October 2023, Sarah M. Garrett California Law Review Note, Volume 111, October 2023, Sarah M. Garrett California Law Review

Coercive Control Legislation: Using the Tort System to Empower Survivors of Domestic Violence

This Note analyzes the various approaches to legislating against coercive control and ultimately recommends against criminalizing the behavior, as such efforts could cause backlash against survivors and are likely to disproportionately affect marginalized communities.

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Note, Volume 111, October 2023, Geraldine Burrola California Law Review Note, Volume 111, October 2023, Geraldine Burrola California Law Review

Reclaiming LA’s “Mulholland Moment”: Wastewater Recycling, the Public Trust Doctrine, and Saving the LA River

Los Angeles is experiencing an unprecedented “Mulholland Moment”: a period of bustling enterprise, skyrocketing socioeconomic inequality, and dwindling water resources. After years of yellow lawns and increasing water use restrictions, Angelenos are thirsty for local, reliable, and affordable water supplies even as climate change and prolonged periods of drought become the norm.

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Note, Volume 111, August 2023, Lauren Trombetta California Law Review Note, Volume 111, August 2023, Lauren Trombetta California Law Review

Jet-Setting to Napa Vineyards and Las Vegas Casinos on the Company’s Dime: How the SEC’s Recent Enforcement Actions Expose the Need for Executive Perquisite Reform

Despite the increased attention on executive compensation generally, little scholarship has focused on executive perquisites: benefits granted only to executives above and beyond their salary and untied to their job performance. Since 2006, the Securities and Exchange Commission (SEC) has refused to update its disclosure requirements…

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Note, Volume 111, August 2023, Sylvia Woodmansee California Law Review Note, Volume 111, August 2023, Sylvia Woodmansee California Law Review

Invisible Hands: Forced Labor in the United States and the H-2 Temporary Worker Visa Program

Each year, hundreds of thousands of workers enter the United States on H-2 temporary worker visas for low-wage, seasonal employment. These workers are each legally tied to their U.S. employer in industries largely outside of public view, such as agriculture, food processing, construction, landscaping, amusement, and forestry. Although H-2 visa workers are integral to the U.S. economy, exploitation against them and systemic violations of their legal rights are rampant.

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Note, Volume 111, June 2023, Elizabeth C. Doctorov California Law Review Note, Volume 111, June 2023, Elizabeth C. Doctorov California Law Review

Fearless Dining: Mandating Universal Allergen Disclosures on Restaurant Menus

Nearly twenty percent of consumers self-identify as suffering from a food allergy or sensitivity, and over 30 million people in the United States have medically proven food allergies. Food allergies cause over 200,000 emergency room visits annually in the United States alone. Among these severe allergen-related food incidents, nearly three-quarters arise at restaurants.

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Note, Volume 111, June 2023, Annabelle Wilmott California Law Review Note, Volume 111, June 2023, Annabelle Wilmott California Law Review

Protecting the Right to a Meaningful Defense: Criminal Trial Storytelling

The widely accepted “Story Model” of jury decision-making acknowledges that juries, in large part, base their decisions not on logical or probabilistic reasoning but on the stories they construct at trial. Storytelling thus plays an important role in guaranteeing a criminal defendant a fair trial, especially where a defendant’s race triggers stereotypes that risk the presumption of innocence.

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Note, Volume 111, April 2023, Eli Freedman California Law Review Note, Volume 111, April 2023, Eli Freedman California Law Review

Data Unions: The Need for Informational Democracy

The data that everyday consumers produce is becoming more and more important to the economy. Yet, as this data imbues tech corporations with tremendous wealth and power, we, the data producers, have no say as to how our data is collected or how it is used. The reign of data analytics to pursue profit above all else has led to a conflagration of data harms perpetuated…

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Note, Volume 111, February 2023, Jessica M. Williams California Law Review Note, Volume 111, February 2023, Jessica M. Williams California Law Review

Looking a Certain Way: How Defunct Subjective Standards of Media Regulation Continue to Affect Black Women

Regulatory enforcement is only as good as the standards to be enforced. I argue here that subjective standards formerly in place at the Motion Picture Producers and Distributors of America (MPPDA) and the United States Patent & Trademark Office (PTO) were imbued with the White-centric beliefs of its designers and enforcers. Drawing on critical race…

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Note, Volume 111, February 2023, Ashleigh Lussenden California Law Review Note, Volume 111, February 2023, Ashleigh Lussenden California Law Review

Blood Quantum and the Ever-Tightening Chokehold on Tribal Citizenship: The Reproductive Justice Implications of Blood Quantum Requirements

Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives tribal benefits and services. Many Tribal Nations use blood quantum, the percentage of Indian…

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Note, Volume 110, December 2022, Sylvia Lu California Law Review Note, Volume 110, December 2022, Sylvia Lu California Law Review

Data Privacy, Human Rights, and Algorithmic Opacity

Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within just a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated…

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Note, Volume 110, December 2022, Braden Leach California Law Review Note, Volume 110, December 2022, Braden Leach California Law Review

Litigating Catastrophe

Does litigation addressing catastrophes caused by climate change make society more or less fragile? As sea-level rise and wildfires threaten to cause enormous financial and social costs, related litigation presents unmatched concerns of over- and under-deterrence. In this Note, I examine litigation addressing two of climate change’s greatest impacts: sea-level rise and wildfires…

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Note, Volume 110, October 2022, Eli Freedman California Law Review Note, Volume 110, October 2022, Eli Freedman California Law Review

The Unstoppable App Campaign: The Dangers of First Amendment Protection for In-App Political Campaigning

Technology platforms give Silicon Valley an unprecedented ability to shape the political reality of consumers. In the 2020 California election, gig corporations like Uber, Lyft, DoorDash, and Instacart won a major political battle ensuring that their workers remained independent contractors…

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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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“Title Zero:” Ending the Infinite Loop of Classifications for Broadband via a Technology-Agnostic Definition

The opportunity to face one’s accuser is a fundamental right guaranteed by the Sixth Amendment’s Confrontation Clause. It is a historical right that the Romans afforded to Jesus’s disciples. And it is a right that may soon fall by the wayside in our new socially distant reality and beyond…

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