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

Print Edition

Symposium, Essay, Volume 107, June 2019, William A. Fletcher California Law Review Symposium, Essay, Volume 107, June 2019, William A. Fletcher California Law Review

Symposium Introduction

I am honored to write an introduction to the Symposium on Professor Amanda Tyler’s brilliant historical study, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay. Professor Tyler has unearthed and examined the details of an important but only partially understood aspect of the British and American experience. She scrupulously traces the evolution of the writ of…

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Symposium, Comment, Volume 106, December 2018, Reva B. Siegel California Law Review Symposium, Comment, Volume 106, December 2018, Reva B. Siegel California Law Review

The Constitutionalization of Disparate Impact—Court-Centered and Popular Pathways: A Comment on Owen Fiss’s Brennan Lecture

At Yale Law School, I had the great fortune of studying with Owen Fiss, who provided a riveting introduction to constitutional law. He encouraged me to go into teaching at a time when there were scarcely any women on the faculty at Yale. His work on antisubordination—the group-disadvantaging principle—orients much of my work on inequality…

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Symposium, Essay, Volume 106, December 2018, Richard Primus California Law Review Symposium, Essay, Volume 106, December 2018, Richard Primus California Law Review

Second Redemption, Third Reconstruction

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection…

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Symposium, Essay, Volume 106, December 2018, Justin Driver California Law Review Symposium, Essay, Volume 106, December 2018, Justin Driver California Law Review

The Keyes of Constitutional Law

Before beginning law school in 2001, I knew the names of an embarrassingly small number of judicial decisions. The only case names that I readily possessed were Brown v. Board of Education, Roe v. Wade, Bush v. Gore, and a smattering of other opinions that had managed to escape the narrow confines of the legal community. I did, however, know the name of at least one relatively obscure opinion…

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