ABSTRACT This Article draws on prison abolitionist organizing, campaigns, and intellectual work around the country to offer a framework for thinking about radical reforms rooted in an abolitionist framework. A radical reform (1) shrinks the system doing harm; (2) relies on modes of political, economic, and social organization that contradict prevailing arrangements and gesture at new...
ABSTRACT This Article argues that this indiscriminate treatment of all websites as blackacres violates the First Amendment. Applying cyber-trespass rules identically across the internet undermines core constitutional values by giving platforms unlimited discretion to prevent access to information that’s already within the public sphere. To avoid these unconstitutional applications of cyber...
ABSTRACT In this Article, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively. The Principles propose comprehensive privacy principles for legislation that are consistent with key...
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...
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...
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...
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...
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...
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...
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...
ABSTRACT For the past forty years, efforts to racially integrate the nation’s most selective universities have coalesced around a central idea: underrepresented racial minorities have unique perspectives, and universities are unable to provide the highest quality of education without incorporating those perspectives into their campus community. When specifying the unique contributions that...
ABSTRACT Qualified immunity has captured popular attention in the wake of multiple high-profile killings of civilians by police due to its role in shielding officers and other public officials from legal accountability for constitutional rights violations if the specific conduct at issue has not previously been held unconstitutional. Since creating the doctrine in 1982, the U.S. Supreme Court has...
ABSTRACT Using recent research from data scientists and technologists, this Article argues that we are at a contradictory moment in history regarding the intersection of gender and technology, particularly as it affects lesbian, gay, bisexual, transgender, and queer (LGBTQ+) communities. At the very same moment that we see the law embracing more and more visibility regarding gender identities and...
ABSTRACT While most state constitutions include provisions that indicate a commitment to equal access to education within one state, that commitment remains unfulfilled. This Article shines a light on a practice that has been overlooked by those concerned about school district inequality, but that contributes to this incongruity: a phenomenon I call “stealing education.” A parent “steals”...