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Posts by California Law Review

Image showing a robotic hand reaching for a quill and ink on a parchment background.

Text reads: California Law Review Online, "Corporations Constituting Intelligence" by Gilad Abiri.

Anthropic recently published an updated Constitution for its AI model Claude. But does that same Constitution create risks for a democratic society?

Image showing a robotic hand reaching for a quill and ink on a parchment background. Text reads: California Law Review Online, "Corporations Constituting Intelligence" by Gilad Abiri. Anthropic recently published an updated Constitution for its AI model Claude. But does that same Constitution create risks for a democratic society?

CLR Online is back with a new piece by Gilad Abiri, "Corporations Constituting Intelligence."

Anthropic recently published an updated Constitution for its AI model Claude. But does that same Constitution create risks for a democratic society?

Read more: www.californialawreview.org/online/corpo....

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Source Collect Podcast Episode: What Harvard's Lawsuit Should Have Said. With Michael Banerjee, Ph.D. Candidate in Jurisprudence and Social Policy, UC Berkeley Law

Source Collect Podcast Episode: What Harvard's Lawsuit Should Have Said. With Michael Banerjee, Ph.D. Candidate in Jurisprudence and Social Policy, UC Berkeley Law

A new episode of California Law Review's official podcast, Source Collect, is live!🎙️

Michael Banerjee at the Jurisprudence and Social Policy Program of UC Berkeley Law joins CLR to discuss his CLR Online article, "What Harvard's Lawsuit Should Have Said."

Listen wherever you get your podcasts!

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Devanshi Patel-Martin looks at the jurisprudence that applies Calder v. Jones to online interactions, and argues that a new system of personal jurisdiction is necessary in our interconnected age.

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Emad Atiq interrogates some of the philosophical difficulties around the traditional use of the Hand Formula, and argues that a "disaggregated" approach to the Formula is more useful and effective.

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Nitisha Baronia, Jared Lucky, and Diego Zambrano provide a historically-grounded argument for rejecting the recent "Article II" challenge to private enforcement.

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Diana Reddy asks whether there might be a third way to theorize the future of work.

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Susan C. Morse argues that the Supreme Court opened the door for a set of administrability problems in its Corner Post decision.

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Volume 114.1 of the California Law Review is live! Thank you to our editors and authors for their hard work. Read it at californialawreview.org/print

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CLR is now accepting symposium proposals for the Spring 2027 semester until May 1st. We welcome timely, innovative proposals that contribute meaningfully to legal scholarship, challenge the status quo, uplift movements, and amplify diverse perspectives.

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CLR Article: Two Concepts of Judicial Review and Two Senses of “Political”

CLR Article: Two Concepts of Judicial Review and Two Senses of “Political”

Moshe Halbertal asks whether our discussions of judicial review might rely on collapsing two different concepts of judicial review, as well as two different ways that we talk about politics.Two Concepts of Judicial Review and Two Senses of “Political”

2 months ago 0 0 0 0
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CLR Article: Imperfect Guardians

CLR Article: Imperfect Guardians

Amna A. Akbar and Ryan D. Doerfler argue that arguments like Strauss's contain flawed assumptions about the American public in order to cast courts as democracy's last hope, obscuring courts' role in building and maintaining elite power.

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CLR Article: Not Lochner!: Substantive Due Process as Democracy-Promoting Judicial Review

CLR Article: Not Lochner!: Substantive Due Process as Democracy-Promoting Judicial Review

Douglas NeJaime and Reva B. Siegel offer a pro-democracy interpretation of substantial due process doctrine, by analyzing it as a means for courts to protect marginalized minorities (especially sexual minorities) who otherwise have little political power.

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CLR Article: The Insignificance of Judicial Opinions

CLR Article: The Insignificance of Judicial Opinions

Justin Driver questions whether judicial opinions and their reasoning are as important as lawyers and law scholars imagine, compared to the judicial decisions that those opinions support.

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CLR Article: Polarization, Victimization, and Judicial Review

CLR Article: Polarization, Victimization, and Judicial Review

David A. Strauss argues that the Carolene Products jurisprudence creates an untenable situation where all groups argue for their victimization by the law to get redress.

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The 2024 Jorde Symposium Articles for Volume 113 of the California Law Review are live! Thank you to our editors and authors for their hard work.

Read it at californialawreview.org/print

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CLR now has an AI Author Policy.

CLR now has an AI Author Policy.

A list of allowed and banned AI usage is pictured. The full list can be found on CLR's website.

A list of allowed and banned AI usage is pictured. The full list can be found on CLR's website.

Find CLR's full AI author policy at californialawreview.org/ai-author-policy

Find CLR's full AI author policy at californialawreview.org/ai-author-policy

CLR has a new Artificial Intelligence Author Use and Disclosure Agreement.

If you are considering submitting your work for publication by CLR, please review the AI policy on CLR's website at californialawreview.org/ai-author-policy

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"The Philosophy of Amendment," Jill Lepore's Vol. 112 Jorde Symposium piece, is up on CLR's website.

"The Philosophy of Amendment," Jill Lepore's Vol. 112 Jorde Symposium piece, is up on CLR's website.

"The Philosophy of Amendment," Jill Lepore's Vol. 112 Jorde Symposium piece, is up on CLR's website!

Lepore argues that amendment is the foundational, if forgotten, contribution of American constitutionalism.

Check it out at californialawreview.org/print/philosophy-amendment

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California Law Review on Instagram: "Welcome to The Afterword 2025, where we look back on CLR's 2025 through the numbers. Thank you to all of our editors for your hard work this year—CLR wouldn't be ... As we bid farewell to 2025, we take a look at CLR's year in review. From publishing 32 articles and 10 notes, to hosting the Jorde Symposium for 30 years, and launching CLR Spotlight, we're proud of w...

Check out The Afterword 2025, where we look back on CLR's 2025 through the numbers:
instagram.com/p/DS8StbYktX_/

Thank you to all of our editors for your hard work this year—CLR wouldn't be here without you!

And a happy new year to all! We'll see you for Vol. 114 shortly.

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CLR Article: “There Were No Founding Mothers”: Reimagining Constitutional Equality

CLR Article: “There Were No Founding Mothers”: Reimagining Constitutional Equality

Hannah Naylor argues that advocates for ratification of the Equal Rights Amendment should instead focus efforts on writing a new amendment aimed at rectifying the Founding Era’s treatment of subordinated groups.

californialawreview.org/print/gender-constitutional-equality

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CLR Article: Economic Justice via Public Insurance: What Data Breach Law Can Learn from Pandemics and Worker Injuries

CLR Article: Economic Justice via Public Insurance: What Data Breach Law Can Learn from Pandemics and Worker Injuries

Jordan Hefcart lays out a policy framework for overcoming the intense industry opposition and political paralysis that has consistently derailed data breach reform efforts over the past decade.

californialawreview.org/print/data-breach-law

4 months ago 0 0 0 0
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CLR Article: The Reasonable Pregnant Worker

CLR Article: The Reasonable Pregnant Worker

Madeleine Gyory addresses how the chaotic Americans with Disabilities Act doctrine will impact the Pregnant Workers Fairness Act's implementation. Gyory proposes a framework for litigants and courts assessing claims under the PWFA.

californialawreview.org/print/reasonable-pregnant-worker

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CLR Article: Section 1983: A Strict Liability Statutory Tort

CLR Article: Section 1983: A Strict Liability Statutory Tort

Matteo Godi demonstrates how the judicial rewriting of Section 1983 has undermined its effectiveness and diverged from the Reconstruction Congress’ intent. Godi argues that Section 1983 should be interpreted as a strict liability statutory tort.

californialawreview.org/print/1983-strict-liability

4 months ago 1 0 0 1
CLR Article: Welfare Debt

CLR Article: Welfare Debt

Nicole Langston argues that for the bankruptcy system to uphold its normative principle of forgiving burdensome debt for the most economically vulnerable individuals, welfare debt must be forgiven.

californialawreview.org/print/welfare-debt

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CLR Article: Suicide By Cop? How Junk Science and Bad Law Undermine Accountability for Killings by Police

CLR Article: Suicide By Cop? How Junk Science and Bad Law Undermine Accountability for Killings by Police

Jeffrey Selbin offers the first critical examination of “suicide by cop” as a law enforcement theory that shifts the blame for excessive use of police force to victims, absolves police officers from accountability, and undermines civil rights.

californialawreview.org/print/suicide-cop

4 months ago 0 0 0 0
The front page of the print edition of California Law Review

The front page of the print edition of California Law Review

Volume 113.6 of the California Law Review is live! Thank you to our editors and authors for their hard work.

Read it at californialawreview.org/print

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CLR Online is back with a new piece by Maureen Edobor, "Letters from a Fragmented Democracy."

CLR Online is back with a new piece by Maureen Edobor, "Letters from a Fragmented Democracy."

CLR Online is back with a new piece by Maureen Edobor, "Letters from a Fragmented Democracy."

californialawreview.org/online/fragmented-democracy

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An AI robot is pictured alongside the title of Sital Kalantry's article for CLR Online: Legal Personhood of Potential People: AI and Embryos.

An AI robot is pictured alongside the title of Sital Kalantry's article for CLR Online: Legal Personhood of Potential People: AI and Embryos.

CLR Online is back with a new piece from Sital Kalantry, "Legal Personhood of Potential People: AI and Embryos."

Read it at californialawreview.org/online/ai-personhood

4 months ago 0 0 0 0
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Civic Duties and Cultural Change In this episode, we will discuss the duties that Americans owe—and perhaps over time have ceased to owe—the state. Once central to the American constitutional tradition, civic duties like shoveling sn

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