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

Print Edition

Article, Volume 109, October 2021, Jamelia N. Morgan California Law Review Article, Volume 109, October 2021, Jamelia N. Morgan California Law Review

Rethinking Disorderly Conduct

Disorderly conduct laws are a combination of common law offenses aimed at protecting the public order, peace, and tranquility. Yet, contrary to common legal conceptions, the criminalization of disorderly conduct is not just about policing behavior that threatens to disrupt public order or even the public’s peace and tranquility. Policing disorderly conduct reflects and reinforces…

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Article, Volume 109, October 2021, Ryan D. Doerfler, Samuel Moyn California Law Review Article, Volume 109, October 2021, Ryan D. Doerfler, Samuel Moyn California Law Review

Democratizing the Supreme Court

Progressives are taking Supreme Court reform seriously for the first time in almost a century. Owing to the rise of the political and academic left following the 2008 financial crisis and the hotly contested appointments of Justices Neil Gorsuch and Brett Kavanaugh, progressives increasingly view the Supreme Court as posing a serious challenge to the…

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The Legality of Ranked-Choice Voting

With the rise of extreme polarization, intense political divisiveness, and gridlocked government, many Americans are turning to reforms of the democratic processes that create incentives for candidates and officeholders to appeal to broader coalitions. A centerpiece of these efforts is ranked-choice voting (RCV). RCV allows voters to rank candidates in order of preference: first, second…

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Article, Volume 109, October 2021, Aaron Tang California Law Review Article, Volume 109, October 2021, Aaron Tang California Law Review

Harm-Avoider Constitutionalism

How does the Supreme Court decide difficult questions of constitutional law? Standard accounts point to a range of interpretive approaches such as originalism, common law constitutionalism, political process theory, interest-balancing, and constitutional pluralism. And once the list of commonly used interpretive approaches is set, normative debates often follow…

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Note, Volume 109, October 2021, Emile J. Katz California Law Review Note, Volume 109, October 2021, Emile J. Katz California Law Review

The “Judicial Power” and Contempt of Court: A Historical Analysis of the Contempt Power as Understood by the Founders

This Note focuses on the power of the federal judiciary to hold litigants in contempt of court. In particular, this Note analyzes whether the contempt power of the federal judiciary stems from an inherent grant of power in the Constitution or whether it is derived purely from acts of Congress. The extent to which Congress…

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Note, Volume 109, October 2021, Eliana Machefsky California Law Review Note, Volume 109, October 2021, Eliana Machefsky California Law Review

The California Act to Save [Black] Lives? Race, Policing, and the Interest-Convergence Dilemma in the State of California

In January 2020, the California Act to Save Lives became law, raising the state’s standard for justifiable police homicide to cover only those police homicides that were “necessary in defense of human life.” Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does…

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