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 […]

“What to do about Batson?”: Using a Court Rule to Address Implicit Bias in Jury Selection

In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court attempted to eliminate racial discrimination in jury selection by prohibiting the use of peremptory challenges to intentionally strike prospective jurors based on their race. Today, more than thirty years later, Batson’s now-familiar three-part framework is widely considered to be a toothless and inadequate […]

Morality: An Important Consideration at the Patent Office

Recent developments in biotechnology have opened new avenues not only for research but also for patenting. However, recent United States Supreme Court decisions such as Association for Molecular Pathology v. Myriad Genetics demonstrate the interpretive difficulties these new technologies raise in patent law. Many scholars, for example, have argued that rather than using the “product […]

Unconscionability as a Sword: The Case for an Affirmative Cause of Action

Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view that unconscionability operates merely as a “shield” and not a “sword” leaves […]

Proximate Cause in Statutory Standing and the Genesis of Federal Common Law

The federal courts have long struggled to articulate a set of coherent standards for who may assert rights under a federal statute. Apart from the constitutional limitations of the judicial power under Article III, courts have until recently addressed this question under a series of freestanding “prudential” rules governing standing to sue. The Supreme Court’s […]

Improving the Housing Choice Voucher Program through Source of Income Discrimination Laws

The Housing Choice Voucher (“HCV”) program is a government program that subsidizes the rent of low-income individuals or families, allowing them to afford housing in the private market. Families pay 30 percent of their income towards rent, and the voucher covers the remainder. Congress created the program with the goal of enabling low-income families to […]

Universalizing the U Visa: Challenges of Immigration Case Selection in Legal Nonprofits

The resource limitations of legal nonprofit organizations force staff attorneys to make difficult choices about whom to serve. Nowhere are the consequences of lawyers’ case selection decisions starker than in the immigration context, where individuals face deportation if unable to successfully advocate for themselves before legal authorities. Based on three years of qualitative research within […]

Pump the Brakes: What Financial Regulators Should Consider in Trying to Prevent a Subprime Auto Loan Bubble

The possibility of a subprime auto finance bubble gives financial regulators an opportunity to navigate a burgeoning crisis in real time. Lessons learned from the 2008 financial crisis and the implementation of the Dodd-Frank Act prompt the question whether financial regulators should adopt an ability-to-repay rule for auto lending similar to the Consumer Financial Protection […]

Applying the SEC Custody Rule to Cryptocurrency Hedge Fund Managers

This Note is written by Drew C. Schaefer. Drew C. Schaefer: J.D. 2019, University of California, Berkeley, School of Law. My deepest gratitude to Robert Bartlett, Karl Cole-Frieman, Anthony Wise, and the editorial staff of the California Law Review for their helpful comments and suggestions. Introduction In the wake of the Bernard Madoff Ponzi scheme, […]