The web edition of the California Law Review.

CLR Online

Online Article, September 2020, Guha Krishnamurthi California Law Review Online Article, September 2020, Guha Krishnamurthi California Law Review

Sitting One Out: Strategic Recusal on the Supreme Court

In a time of constitutional hardball, the Supreme Court’s quorum requirement raises the questions of how and whether a tactic of strategic recusal—or “sitting out”—can be effectively employed by a four-Justice minority and whether utilizing such a tactic would be appropriate…

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Online Article, September 2020, Scott A. Harman-Heath California Law Review Online Article, September 2020, Scott A. Harman-Heath California Law Review

The Quasi-Army: Law Enforcement, Value Judgments, and the Posse Comitatus Act

By unleashing military tactics and weapons onto American streets, police departments around the country are violating a value that traces its intellectual roots to the very founding of our country and which has been crystallized in statute for well over a century.

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Online Article, September 2020, Katelyn Ringrose, Divya Ramjee California Law Review Online Article, September 2020, Katelyn Ringrose, Divya Ramjee California Law Review

Watch Where You Walk: Law Enforcement Surveillance and Protester Privacy

Law enforcement has a responsibility to facilitate the rights of civilians, including the First Amendment right to peaceful protest—not to quash expression of those rights. Those who protest and advocate for equality and justice should not have to risk being the victim of the extensive reach of the state while merely exercising their constitutionally mandated rights…

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Blog, September 2020, Tony Cheng California Law Review Blog, September 2020, Tony Cheng California Law Review

When the Cure Is Worse Than the Disease

The dirty little secret of the juvenile delinquency system—or what its apologists insist on calling the juvenile “justice” system—is not actually particularly secret. In study after study, independent researchers arrive at the same, discomfiting conclusion: the delinquency system fails at its core function of preventing youth who have committed crimes from doing it again. This sobering conclusion is one that bears repeating—the very system tasked with rehabilitating our youth is actually doing exactly the opposite…

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Blog, September 2020, Aya Gruber California Law Review Blog, September 2020, Aya Gruber California Law Review

The Troubling Alliance Between Feminism and Policing

Recently, White women have placed their bodies between riot officers and Blacks Lives Matter protesters, capitalizing on their privileged position with police. But once the protests end, it is likely fearful women will continue to reflexively call the cops, and police departments will continue to tout their role as women’s protectors. The time to end the feminist-police alliance is now…

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