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

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Article, Volume 111, October 2023, Kate Weisburd California Law Review Article, Volume 111, October 2023, Kate Weisburd California Law Review

Rights Violations as Punishment

This Article argues that “punishment exemption”—the assumption that criminal punishment is exempt from traditional constitutional scrutiny—has no legal basis. Drawing on original empirical research, this Article first exposes a maze of modern non-carceral punishments that infringe on constitutional rights, justified by nothing more than the assertion that they are punishment and therefore permissible.

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