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

Print Edition

Note, Volume 106, October 2018, Rishita Apsani California Law Review Note, Volume 106, October 2018, Rishita Apsani California Law Review

Are Women’s Spaces Transgender Spaces? Single-Sex Domestic Violence Shelters, Transgender Inclusion, and the Equal Protection Clause

Transgender survivors of intimate partner violence (IPV) face unique struggles in finding safe and inclusive housing as they seek reprieve from violence. Domestic violence shelters are often marked “women-only” with the goal of creating spaces for female empowerment, wherein women learn feminist principles of liberation and find a “sisterhood” of support by forging healthy female…

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Note, Volume 106, October 2018, Jordan F. Bock California Law Review Note, Volume 106, October 2018, Jordan F. Bock California Law Review

All Disputes Must Be Brought Here: the Future of Multidistrict Litigation

Multidistrict litigation (“MDL”) is an immensely powerful tool. In an MDL, cases that share a common question of fact are consolidated in a single district for pretrial proceedings. MDLs abide by the general principle that governs all transfers within the federal system: because transfer is no more than a “housekeeping measure,” an action retains the…

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Article, Volume 106, October 2018, Sean Farhang California Law Review Article, Volume 106, October 2018, Sean Farhang California Law Review

Legislating for Litigation: Delegation, Public Policy, and Democracy

When Congress enacts command-and-control regulation, it chooses between implementation through litigation and courts, through bureaucracy, or through a hybrid regime. Since the late 1960s, the frequency with which Congress has relied on civil litigation for frontline enforcement of statutes grew dramatically, and with it grew rates of federal statutory litigation and the role of courts…

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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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Article, Volume 106, October 2018, Leah Litman California Law Review Article, Volume 106, October 2018, Leah Litman California Law Review

Remedial Convergence and Collapse

This Article describes and interrogates a phenomenon of spillovers across remedies—how the legal standards governing the availability of remedies in cases regarding executive violations of individuals’ constitutional rights, particularly in the area of policing, have converged around similar ideas that narrow the availability of several different remedies. A similar set of limits restricts the availability…

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Article, Volume 106, October 2018, Sarath Sanga California Law Review Article, Volume 106, October 2018, Sarath Sanga California Law Review

A Theory of Corporate Joint Ventures

In a corporate joint venture, two corporations—often competitors—collaborate on a project. But how can corporations be partners and competitors at the same time? Though it sounds like a contradiction, such collaborations are commonplace. Many of the most familiar products come from corporate joint ventures, from high-technology like solid-state drives for laptops or rocket boosters for…

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