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

Print Edition

Note, Podcast, Volume 110, August 2022, Elizabeth Heckmann California Law Review Note, Podcast, Volume 110, August 2022, Elizabeth Heckmann California Law Review

A Modern Poll Tax: Using the Twenty-Fourth Amendment to Challenge Legal Financial Obligations as a Condition to Re-Enfranchisement

The Twenty-Fourth Amendment to the United States Constitution has received little attention from federal courts since its ratification. The Amendment’s language is broad and far-ranging, prohibiting conditioning the right to vote on payment of poll taxes or “any other” tax. Although the Amendment’s text, its legislative history, and early Supreme Court decisions strongly indicate that […]

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“Title Zero:” Ending the Infinite Loop of Classifications for Broadband via a Technology-Agnostic Definition

The opportunity to face one’s accuser is a fundamental right guaranteed by the Sixth Amendment’s Confrontation Clause. It is a historical right that the Romans afforded to Jesus’s disciples. And it is a right that may soon fall by the wayside in our new socially distant reality and beyond…

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Article, Volume 110, August 2022, Sarah H. Lorr California Law Review Article, Volume 110, August 2022, Sarah H. Lorr California Law Review

Unaccommodated: How the ADA Fails Parents

In 1990, Congress passed the Americans with Disabilities Act (ADA) to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Thirty years after this landmark law, discrimination and ingrained prejudices against individuals with intellectual disabilities…

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Reparative Justice in the U.S. Territories: Reckoning with America’s Colonial Climate Crisis

This Article links the climate crisis with the ongoing colonization of the U.S. territories. It explores how the U.S. territories’ political status—rooted in U.S. colonialism—limits their ability to develop meaningful adaptation efforts to combat the climate crisis in their islands. It offers a developing conceptual framework that draws upon…

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Article, Volume 110, August 2022, Ari Ezra Waldman California Law Review Article, Volume 110, August 2022, Ari Ezra Waldman California Law Review

Privacy, Practice, and Performance

Privacy law is at a crossroads. In the last three years, U.S. policymakers have introduced more than fifty proposals for comprehensive privacy legislation, most of which look roughly the same: they all combine a series of individual rights with internal compliance. The conventional wisdom sees these proposals as groundbreaking…

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Article, Volume 110, August 2022, Karen M. Tani California Law Review Article, Volume 110, August 2022, Karen M. Tani California Law Review

The <em>Pennhurst</em> Doctrines and the Lost Disability History of the “New Federalism”

This Article reconstructs the litigation over an infamous institution for people with disabilities—Pennhurst State School & Hospital—and demonstrates that litigation’s powerful and underappreciated significance for American life and law. It is a tale of two legacies. In U.S. disability history, Halderman v. Pennhurst State School & Hospital is a celebrated case. The 1977 trial court decision recognized a constitutional “right to habilitation” and ordered the complete closure of an overcrowded, dehumanizing facility.

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