Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Note, Volume 108, August 2020, Anne Weis California Law Review Note, Volume 108, August 2020, Anne Weis California Law Review

Fleeing for Their Lives: Domestic Violence Asylum

This Note argues that it is a mistake to classify domestic violence as a primarily “private” crime given its widespread and gendered nature. Further, in some cases, the infliction of domestic violence is ignored—if not condoned—by state actors, casting doubt upon Attorney General Jeff Sessions’s claim in Matter of A-B-that such violence does not involve…

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Article, Volume 108, August 2020, Nadia N. Sawicki California Law Review Article, Volume 108, August 2020, Nadia N. Sawicki California Law Review

The Conscience Defense to Malpractice

This Article presents the first empirical study of state conscience laws that establish explicit procedural protections for medical providers who refuse to participate in providing reproductive health services, including abortion, sterilization, contraception, and emergency contraception. Scholarship and public debate about law’s role in protecting health care providers’ conscience rights…

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Article, Volume 108, August 2020, Jeffrey Bellin California Law Review Article, Volume 108, August 2020, Jeffrey Bellin California Law Review

Theories of Prosecution

For decades, legal commentators sounded the alarm about the tremendous power wielded by prosecutors. Scholars went so far as to identify uncurbed prosecutorial discretion as the primary source of the criminal justice system’s many flaws. Over the past two years, however, the conversation shifted. With the emergence of a new wave of “progressive prosecutors,” scholars…

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Article, Volume 108, August 2020, Yaron Nili, Cathy Hwang California Law Review Article, Volume 108, August 2020, Yaron Nili, Cathy Hwang California Law Review

Shadow Governance

Corporations have something to say about some of the most important social and economic issues of our time—and one way they say it is through shadow governance. This Article spotlights a group of influential corporate policies comprising what we call “shadow governance.” These non-charter, non-bylaw governance documents express a corporation’s commitment to and process…

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Article, Volume 108, August 2020, Emily Suski California Law Review Article, Volume 108, August 2020, Emily Suski California Law Review

The Title IX Paradox

When Christine Blasey Ford explained to the Senate Judiciary Committee why she had not reported her sexual assault at age fifteen, she captured the struggle of many children who must decide whether to make such reports: “For a very long time, I was too afraid and ashamed to tell anyone the details.” Thousands of sexual…

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Article, Lecture, Volume 108, August 2020, David B. Wilkins California Law Review Article, Lecture, Volume 108, August 2020, David B. Wilkins California Law Review

John Robinson Wilkins and the Resources of the Law: Testing the Limits of Race, Law and Development, and the American Legal Profession

In the fall of 1964, my uncle John Robinson Wilkins joined the Berkeley Law School faculty. He was the first black professor in the school’s illustrious history and only the second in the entire UC Berkeley system. Tragically, my uncle’s time on the Berkeley faculty would be short. In 1970, he was diagnosed with an…

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