The Roper Extension: A California Perspective

Dec 1, 2019 | Volume 71, Issue 1

Zoe Jordan Volume 71, Issue 1, 197-228 Although adulthood legally begins at age eighteen, young adults between the ages of eighteen and twenty-one are distinct from the rest of the adult population. Many studies conducted over the last two decades have revealed that...

Algorithmic Discrimination Is an Information Problem

Aug 7, 2019 | Volume 70, Issue 6

Ignacio N. Cofone Volume 70, Issue 6, 1389-1444 While algorithmic decision-making has proven to be a challenge for traditional antidiscrimination law, there is an opportunity to regulate algorithms through the information that they are fed. But blocking information...

Counterfeit Campaign Speech

Aug 7, 2019 | Volume 70, Issue 6

Rebecca Green Volume 70, Issue 6, 1445-1490 We are entering an era in which computers can manufacture highly-sophisticated images, audio, and video of people doing and saying things they have, in fact, not done or said. In the context of political campaigns, the...

Data Philanthropy

Aug 7, 2019 | Volume 70, Issue 6

Yafit Lev-Aretz Volume 70, Issue 6, 1491-1546 The term “data philanthropy” has been used to describe the sharing of private sector data for socially beneficial purposes, such as academic research and humanitarian aid. The recent controversy over an academic...

Justice Anthony Kennedy’s Free Speech Legacy

May 27, 2019 | Volume 70, Issue 5

Nadine Strossen Volume 70, Issue 5, 1317-1330 Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech...

Judicial Embrace of Racial Gerrymandering Cases

May 27, 2019 | Volume 70, Issue 5

Nina Rose Gliozzo Volume 70, Issue 5, 1331-1387 This Note seeks to explore the way courts engage with claims of racial gerrymandering. The Supreme Court has described judicial oversight of redistricting as an “unwelcome obligation.” These complex cases are both highly...

Geoffrey C. Hazard, Jr.: An American in Paris

May 10, 2019 | Volume 70, Issue 4

Victor Qiu Volume 75, Issue 4, 1137-1162 By the time federal appellate courts began to examine the withdrawal of money from an ATM and the question of to whom that money belongs pursuant to the first paragraph of the Federal Bank Robbery Act (“FBRA”), 18 U.S.C....

The Last Man Who Knew Everything

May 10, 2019 | Volume 70, Issue 4

Richard Marcus Volume 70, Issue 4, 1107-1110 Hastings lost a tremendous resource when Geoff Hazard died. But he was a resource for much more than Hastings. Indeed, he was probably the most significant resource for American law, or at least those parts devoted to...

The Armed Society and Its Friends: A Reckoning

Apr 2, 2019 | Volume 70, Issue 3

Charles W. Collier Volume 70, Issue 3, 671-88 This Article provides a selective introduction to some of the main social, cultural, historical, and intellectual issues surrounding gun violence and the desultory policy “debates” over gun control in America. Unregulated...

The Street View of Property

Feb 10, 2019 | Volume 70, Issue 2

Vanessa Casado Perez – Volume 70, Issue 2, 367-408 Parking on public streets is scarce. The current allocation system for parking spots based on the rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of...