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

Print Edition

Note, Volume 111, October 2023, Sarah M. Garrett California Law Review Note, Volume 111, October 2023, Sarah M. Garrett California Law Review

Coercive Control Legislation: Using the Tort System to Empower Survivors of Domestic Violence

This Note analyzes the various approaches to legislating against coercive control and ultimately recommends against criminalizing the behavior, as such efforts could cause backlash against survivors and are likely to disproportionately affect marginalized communities.

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Note, Volume 111, October 2023, Geraldine Burrola California Law Review Note, Volume 111, October 2023, Geraldine Burrola California Law Review

Reclaiming LA’s “Mulholland Moment”: Wastewater Recycling, the Public Trust Doctrine, and Saving the LA River

Los Angeles is experiencing an unprecedented “Mulholland Moment”: a period of bustling enterprise, skyrocketing socioeconomic inequality, and dwindling water resources. After years of yellow lawns and increasing water use restrictions, Angelenos are thirsty for local, reliable, and affordable water supplies even as climate change and prolonged periods of drought become the norm.

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Article, Volume 111, October 2023, Tarek Z. Ismail California Law Review Article, Volume 111, October 2023, Tarek Z. Ismail California Law Review

Family Policing and the Fourth Amendment

Each year, Child Protective Services (CPS) investigates over one million families. Every CPS investigation includes a thorough, room-by-room search of the family home, designed to uncover evidence of maltreatment. Most seek evidence of poverty-related allegations of neglect; few ever substantiate the allegations.

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Article, Volume 111, October 2023, Nadiyah J. Humber California Law Review Article, Volume 111, October 2023, Nadiyah J. Humber California Law Review

A Home for Digital Equity: Algorithmic Redlining and Property Technology

Property technologies (PropTech) are innovations that automate real estate transactions. Automating rental markets amplifies racial discrimination and segregation in housing. Because screening tools rely on data drawn from discriminatory—and often overtly segregationist—historical practices, they replicate those practices’ unequal outcomes in the form of algorithmic redlining.

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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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