California County Oversight of Use Policies For Surveillance Technology

California Senate Bill 1186 (SB 1186), proposed in 2018, would have implemented surveillance transparency, accountability, and oversight measures over the California Highway Patrol, the California Department of Justice, and every California police department, sheriff’s office, district attorney’s office, and school district and state university public safety department. Had it been enacted, SB 1186 would have […]

The Urban Environmental Renaissance

City governments were an important source of environmental protection in the United States from the 1800s until well into the 1900s. However, since Congress passed a series of landmark environmental statutes in the 1970s, scholars have primarily equated environmental law with federal law. To the extent that scholars consider subnational sources of environmental law, they […]

The Elastic Meaning(s) of Human Trafficking

What is human trafficking? When is an expansive definition of trafficking justifiable? How does trafficking relate to other concepts—like domestic violence, sexual assault, labor exploitation, and prostitution—with which it often overlaps? These questions have become increasingly salient after the U.S. Congress defined the crime of human trafficking in the Victims of Trafficking and Violence Protection […]

Judging Risk

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process—from policing to pretrial detention, sentencing, corrections, and parole. As efforts to reduce mass incarceration have led to the adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid, and […]

Politics, Indian Law, and the Constitution

The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race- or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not colorblind. I […]

The Muslim Ban Cases: A Lost Opportunity for the Court and a Lesson for the Future

On January 27, 2017, newly inaugurated President Donald Trump signed an Executive Order that banned individuals from certain Muslim-majority countries from entry into the United States. The district and circuit courts’ subsequent refusals to sanction the Muslim Bans offered hope to those who recognized the bans as part of a legacy of racist and Islamophobic […]

Released into Shackles: The Rise of Immigrant E-Carceration

This Note challenges the increasingly normalized characterization of ankle monitors as a positive alternative to detention. Although ankle monitors have been subject to some public criticism, advocates on both sides of the aisle have increasingly pointed to ankle monitors as a more humane, cost-effective alternative to detention. In comparison to immigration detention or refoulement, ankle […]

Unaccompanied Minors, Statutory Interpretation, and Due Process

In recent years, there has been a massive influx of unaccompanied minors (UMs) crossing the southern border. Under the Trump administration, migrant children are being held in detention centers at unprecedented levels, with a five-fold increase in the last year alone. Without legal representation, UMs have little to no capability to defend against removal charges and to advocate for any existing statutory rights that they might have to remain in the United States. […]

An Unstable Core: Self-Defense and the Second Amendment

In District of Columbia v. Heller, the Supreme Court announced for the first time that self-defense, not militia service, is the “core” of the right to keep and bear arms. However, the Court failed to articulate what that means for the right’s implementation. After Heller, most courts deciding Second Amendment questions have mentioned self-defense only superficially […]