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Broadening the Escape Clause: How the UCCJEA Can Protect Female Survivors of Domestic Violence

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), U.S. courts must enforce a custody order from an international court unless the custody laws of that country constitute a “fundamental violation of human rights.” Historically, U.S. courts have rarely invoked this “escape clause.” However, this Note argues that this narrow construction of the escape […]

Visible Policing: Technology, Transparency, and Democratic Control

Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand—let alone set limits on—new investigative methods and techniques for two major reasons. First, new surveillance technology tends to operate in opaque and unaccountable ways, augmenting police […]

Originality’s Other Path

Although the U.S. Supreme Court has famously spoken of a “historic kinship” between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how much ingenuity they require for earning protection. Obtaining a patent requires an invention so innovative that it would not have […]

Capital Controls as Migrant Controls

The disparate treatment of capital and labor reflects one of globalization’s central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants’ capital, particularly when the migrants themselves are deemed illegal. These restrictions on […]

The Law of Energy Exports

The fossil fuel industry has filed an increasing number of dormant Commerce Clause lawsuits against coastal states and cities that have rejected proposals for new coal and oil export facilities in their jurisdictions. These lawsuits are creating a wholly new “law of energy exports” that to date has been underexplored in the academic literature, even […]

Online Appendix—The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida

This is the appendix to The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida. Suggested Appendix Citation: Michael Morse, The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida, 109 Calif. L. Rev. 1143 app. (2021).       I. Campaign Finance […]

The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida

This Article offers an empirical account of felon disenfranchisement and legal financial obligations in the era of mass incarceration. It focuses on a 2018 ballot initiative, known as Amendment 4, which sought to end lifetime disenfranchisement in Florida. At the time, the Republican controlled state accounted for more than a quarter of the six million […]

Pathological Racism, Chronic Racism & Targeted Universalism

Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice.  We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological […]

Democracy’s Destiny

I swear to the Lord, I still can’t see, why Democracy means, everybody but me. —Langston Hughes From its beginning, America has had a paradoxical democracy, where “all men are created equal” while simultaneously denying the right to vote to anyone who was not White, male, or owned property. The pandemic exposed the fault lines […]

Democracy’s Denominator

What would happen if states stopped equalizing districts’ total populations and started equalizing their citizen voting-age populations (CVAPs) instead? This is not a fanciful question. Conservative activists have long clamored for states to change their unit of apportionment, and the Trump administration took many steps to facilitate this switch. Yet the question remains largely unanswered. […]

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Eyes Wide Shut: Using Accreditation Regulation to Address the “Pass-the-Harasser” Problem in Higher Education

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when […]

A Pathway to Health Care Citizenship for DACA Beneficiaries

Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on the outside looking in. Although other […]

The Discounted Labor of BIPOC Students & Faculty

Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, […]

#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 […]