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Creating a “Great Pro Bono Practice”

Pro bono at big law firms is often viewed as an altruistic way for attorneys to give back to society. But when big law firms partner with public interest law organizations (PILOs) to do pro bono work, conflicting interests among the parties involved may interfere with the aims of pro bono work. In this Note, […]

The Means and the End: Understanding the Right to Vote as a Tool in Protecting the Right to Representation

The right to vote and the right to representation are often, to each of their detriment, conflated. But to combat voter disenfranchisement most effectively and honestly, we must conceive of these as two separate rights with a distinct relationship. Part I defines representative government. It then highlights the differences between the right to vote and […]

Terrorism and the Inherent Right to Self-Defense in Immigration Law

The Immigration and Nationality Act (INA) deems an individual inadmissible to the United States for having engaged in terrorist activity. Both “engaged in terrorist activity” and “terrorist activity” are terms of art that are broadly defined under the INA to include activity that courts, scholars, and advocates agree stretches the definition of terrorism. An individual […]

Hiding Homelessness: The Transcarceration of Homelessness

Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice—the criminalization of homelessness—processes vulnerable people through the criminal justice system with damaging results. But recently, from the epicenter of the homelessness crisis along the West Coast, the […]

The Big Data Regulator, Rebooted: Why and How the FDA Can and Should Disclose Confidential Data on Prescription Drugs and Vaccines

Medicines and vaccines are complex products, and it is often extraordinarily difficult to know whether they help or hurt. The Food and Drug Administration (FDA) holds an enormous reservoir of data that sheds light on that precise question, yet currently releases only a trickle to researchers, doctors, and patients. Recent examples show that data secrecy […]

(Not) Just Surrogacy

Scholars have long debated whether surrogacy furthers or inhibits equality and reproductive liberty. What has gone almost entirely unremarked upon, however, is whether and to what extent the ways U.S. jurisdictions regulate surrogacy further these principles. This oversight is produced and re-produced by existing scholarship that focuses on the threshold question of whether to ban […]

Our Colleague Stephen Sugarman: Teacher, Scholar, and Policy Entrepreneur

This piece is a part of a Festschrift that celebrates the long and impactful career of Professor Stephen D. Sugarman. The Festschrift contains three other pieces: School Finance Reform and Professor Stephen D. Sugarman’s Lasting Legacy Stephen Sugarman and the World of Responsibility for Injurious Conduct Professor Sugarman’s Contribution to Public Health Scholarship   Steve […]

Professor Sugarman’s Contribution to Public Health Scholarship

This piece is a part of a Festschrift that celebrates the long and impactful career of Professor Stephen D. Sugarman. The Festschrift contains three other pieces: School Finance Reform and Professor Stephen D. Sugarman’s Lasting Legacy Stephen Sugarman and the World of Responsibility for Injurious Conduct Our Colleague Stephen Sugarman: Teacher, Scholar, and Policy Entrepreneur […]

Stephen Sugarman and the World of Responsibility for Injurious Conduct

This piece is a part of a Festschrift that celebrates the long and impactful career of Professor Stephen D. Sugarman. The Festschrift contains three other pieces: School Finance Reform and Professor Stephen D. Sugarman’s Lasting Legacy Professor Sugarman’s Contribution to Public Health Scholarship Our Colleague Stephen Sugarman: Teacher, Scholar, and Policy Entrepreneur     I. […]

School Finance Reform and Professor Stephen D. Sugarman’s Lasting Legacy

This piece is a part of a Festschrift that celebrates the long and impactful career of Professor Stephen D. Sugarman. The Festschrift contains three other pieces: Stephen Sugarman and the World of Responsibility for Injurious Conduct Professor Sugarman’s Contribution to Public Health Scholarship Our Colleague Stephen Sugarman: Teacher, Scholar, and Policy Entrepreneur     Once, […]

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#BlackLivesMatter—Getting from Contemporary Social Movements to Structural Change

This piece is part of the Reckoning and Reformation symposium, which brings together scholars writing broadly about the law, justice, race, and inequality. The California Law Review published two other pieces as part of this joint effort with other law reviews: The Racial Reckoning of Public Interest Law Racial Justice for Street Vendors     Introduction […]

Racial Justice for Street Vendors

This piece is part of the Reckoning and Reformation symposium, which brings together scholars writing broadly about the law, justice, race, and inequality. The California Law Review published two other pieces as part of this joint effort with other law reviews: The Racial Reckoning of Public Interest Law #BlackLivesMatter—Getting from Contemporary Social Movements to Structural Change […]

The Racial Reckoning of Public Interest Law

This piece is part of the Reckoning and Reformation symposium, which brings together scholars writing broadly about the law, justice, race, and inequality. The California Law Review published two other pieces as part of this joint effort with other law reviews: Racial Justice for Street Vendors #BlackLivesMatter—Getting from Contemporary Social Movements to Structural Change     […]

Homegrown Discrimination

When foreign labor recruiters, acting on foreign soil as agents of domestic growers, intentionally prefer young, non-disabled men as temporary agricultural workers in the United States, federal antidiscrimination law traditionally has offered no recourse because of the presumption against extraterritorial application of domestic statutes.  Accordingly, prospective migrant workers face discrimination abroad by American employers’ agents […]

Regulating Your Face

No one likes being told what to do. It’s the reason that philanthropists prefer to contribute to the charitable causes of their choosing, rather than paying more in taxes. It’s the reason that courts have equated enforcing a contract with imposing involuntary servitude. It’s the reason for viewing government as a “necessary evil,” rather than […]

Business Interruption Coverage in the Age of Covid-19

The coronavirus pandemic has surfaced many new and interesting legal issues. Among them: What legal recourse is available to a business that lost significant profits after a governmental order forced it to close? In March 2020, for example, the Bay Area enacted a shelter in place mandate and ordered all non-essential businesses[1] to either close […]

The Aftermath of California’s Proposition 22

Uber, Lyft, DoorDash, and other gig companies who authored and advertised Proposition 22 spent a record $200 million on the ballot initiative to persuade Californians to vote it into law. In the weeks leading up to the 2020 general election, Uber and Lyft bombarded its riders and drivers with endless messaging through its apps and […]

The Biden Doctrine?: The February 25 Airstrike in Syria, Article 51, and the Future of International Law in the Biden Administration

The February 25 Airstrike in Syria In a June 2016 interview, then-Vice President Joe Biden cast doubt on the utility of interventionist foreign policy. Citing the shortcomings of the 2011 NATO-led military intervention in Libya, Biden stated that he was “strongly” against the intervention. In reference to the ouster of Libyan leader Muammar Qadhafi, Biden […]

The Case for Eliminating Mandatory Reporting Laws for Competent Adult Victims

Mandatory reporting laws for competent adult victims[1] of sexual assault and intimate partner violence, which require healthcare providers to submit a report to police when they have treated such patients, may seem beneficial at first glance, but can significantly harm survivors. Such laws can endanger survivors, retraumatize them, infringe upon their autonomy, violate patient confidentiality, […]

We Can’t Chat: Can California Constitutional Jurisprudence Strike the Correct Balance between Free Speech and Private Property Rights?

On January 8, the Citizen Power Initiatives for China (CPIFC), along with six anonymous plaintiffs, sued Tencent America LLC for its censorship practices on the social media app WeChat. [1]  The complaint alleges that the app blocks and deletes messages and posts “perceived as critical of the Party-state,” and speech infractions have led to “blocking, […]