Prosecutors’ Ethical and Constitutional Duties to Criminal Defendants: It’s Time to Reel in the Zeal

When the police violate a person’s Fourth Amendment right, the Exclusionary Rule bars evidence resulting from that violation from being used against the person in trial. The rule is designed to deter police from engaging in illegal searches and seizures. Nevertheless, prosecutors often bring charges even when the initial police report and body-worn camera footage […]

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, […]

Three Steps to Save The Vote

While this nation is reeling and recovering from a tumultuous election cycle, voting rights remain at the forefront of the legal and political discourse. This year, the Supreme Court is deciding two cases regarding Section 2 of the Voting Rights Act (VRA), an act passed in 1965 to end White supremacist voting laws. These decisions […]

Blood Quantum and the White Gatekeeping of Native American Identity

From the time that European colonists set foot on American shores and made contact with Native[1] peoples, they have sought to control the land and resources that first belonged to the tribes. One means of control was defining what it meant to be an “Indian.” The dominant White society in the United States has changed […]