ABSTRACT In contemporary constitutional jurisprudence, capacious notions of individual liberty are ascendant. Under the First Amendment, due process, takings, nondelegation, and a range of interpretive doctrines, advocates are seeking greater respect for individual liberty, and greater constitutional restraints on the state—increasingly to successful effect. In the name of individual freedom...
The State’s Kuleana: Deconstructing the Permitting Process for the Thirty-Meter Telescope and Finding Restoration Through Systemic Validation of Native Hawaiian Rights
ABSTRACT To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy’s greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain’s natural and spiritual landscape unfortunately mirrors the historic pattern of...
Senate Bill 54 (2017): California Versus the Law Enforcement Lobby
ABSTRACT Before calls to abolish Immigration Customs and Enforcement (ICE) became a progressive rallying cry throughout the United States, the California Values Act of 2017 (SB 54) promised to freeze ICE out of California. The goal behind SB 54 was to restrict state and local law enforcement entanglement with ICE in the state with the most immigrants in the country. In fact, most deportations...
Bail Reform and the (False) Racial Promise of Algorithmic Risk Assessment
ABSTRACT Pretrial risk assessment instruments (PRAIs) have captured national attention in recent years. These instruments utilize computer algorithms to aid judges in making two predictions: whether a person will return to court while on pretrial release and whether a person will pose a danger to the public while on pretrial release. This Article contends that PRAI advocates have been inattentive...
State Constitutions and Summary Judgment
ABSTRACT Is summary judgment constitutional? Scholars have passionately debated the question in recent years. But they have made an important oversight. Ironically, the issue surrounding summary judgment’s constitutionality that is the most important—whether it violates state constitutions— has received the least scholarly attention. This Article is the first to consider whether summary judgment...
The End of Deportation
ABSTRACT This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to citizenship, most noncitizens must now contend with dodging the many pathways to banishment. Despite growing threats to immigrant survival, most pro...
“Settling” Brown’s Promise: Seeking More Equal Access to Quality Education Through Settlement
Abstract Education is universally acknowledged as fundamentally important. Yet, education advocates have long struggled to bring about effective school reform through both legislative and judicial avenues for a myriad of reasons including budgetary constraints, a lack of consensus regarding what reforms are most effective, and racist perceptions of reform. In recent years, school reform...
Season 6, Episode 3: Exposing Deputy Gangs with Cerise Castle
Dialectic UCLA Law Review · Season 6, Episode 3: Exposing Deputy Gangs with Cerise Castle We spoke with journalist Cerise Castle about telling stories that law enforcement doesn't want to be told.