A Right to Be Left Dead
California Law Review Blog
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2w ago
This Article interrogates the need for a right to be left dead and takes some preliminary steps towards defining its contours, chief among them an awareness that an individual right to prevent unauthorized reanimations of the dead must look very different than the existing privacy, consumer protection, and property laws marshalled against unauthorized invocations of the living ..read more
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Sliding Scales of Justice? An Analysis of California’s Approach to Unconscionability
California Law Review Blog
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2w ago
Despite its growing prominence, the sliding-scale approach to unconscionability remains undertheorized. Courts have seldom discussed its rationale, and scholarly commentators have largely neglected the concept. To help fill this lacuna, this Note provides a history and analysis of California’s sliding-scale approach to unconscionability ..read more
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Internal Revenue’s External Borders
California Law Review Blog
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2w ago
This Article proposes reforms to better align tax agency efforts with their revenue-generating mission and to protect immigrants caught in the crosshairs. Those reforms include redesigning criminal tax investigations, crafting interagency agreements, and providing immigration relief ..read more
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Proposition 209 and the Hidden Diversity Ecosystem: The Aftermath of California’s Affirmative Action Ban
California Law Review Blog
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2w ago
This Note argues that today’s increased racial diversity in the UC’s student body is a result of a two-part system: (1) the UC’s diversity efforts within its self-prescribed limits under Proposition 209, and (2) the hidden ecosystem of private actors acting outside doctrinal limits to increase diversity in higher education ..read more
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Admitting AI Art as Demonstrative Evidence
California Law Review Blog
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1M ago
This Note explains both how artificial intelligence companies could institute initiatives for better quality assurance at the front end, and how courts can encourage such measures through new applications of existing evidentiary and procedural rules. The Note ultimately argues that the emerging use of GAI imagery may necessitate stricter standards in demonstrative evidence law ..read more
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Bridging Silos: Environmental and Reproductive Justice in the Climate Crisis
California Law Review Blog
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1M ago
This Article makes two interventions into existing legal scholarship. First, the Article identifies an intersectional nexus of hazard between environmental and reproductive justice, which is especially acute for women of color living in under-resourced communities. Second, the Article argues for a ground-up approach based on community power-building and interdisciplinary cooperation, which can inform legal and policy solutions at scale ..read more
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The Prosecutorial Ethics of Investigating Police Shootings While Accepting Campaign Contributions from Police Unions
California Law Review Blog
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1M ago
This Note is concerned with the unique conflict of interest presented when a prosecutor who accepts campaign contributions from a police union is responsible for investigating police shootings or other officer misconduct ..read more
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Sex, Drugs & Innovation Law: Regulating the Legality of “Poppers”
California Law Review Blog
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1M ago
This Note examines the current legal landscape around “poppers,” an alkyl nitrite-based inhalant that has a strong association with the LGBTQ+ community as a party and sex drug ..read more
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Civil Justice and Abolition: An Exercise in Dialectic
California Law Review Blog
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3M ago
Drawing inspiration from Professor Henry Hart’s work The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, the Essay presents a fictional conversation between two federal courts professors. This dialogue explores the implications of abolitionism and “non-reformist reform” in a legal doctrinal context ..read more
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The Major Questions Doctrine: Unfounded, Unbounded, and Confounded
California Law Review Blog
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3M ago
This Article offers a critique of the major questions doctrine from a different angle. It primarily contends that the reasons the Supreme Court has given for enforcing the doctrine do not withstand scrutiny, even on their own terms ..read more
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