California Law Review
banner
califlrev.bsky.social
California Law Review
@califlrev.bsky.social
The journal of UC Berkeley School of Law. Publishing cutting-edge legal scholarship since 1912.

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

californialawreview.org/online/fragmented-democracy
November 27, 2025 at 7:23 PM
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
November 24, 2025 at 6:41 PM
.@danielrice.bsky.social of the University of North Carolina School of Law joins us on CLR's official podcast, Source Collect, to unpack his article, "Civic Duties and Cultural Change."

Listen wherever you get your podcasts!
November 4, 2025 at 6:37 PM
Rachel Mucha asks if SCOTUS' upending of decades of precedent governing race-based affirmative action in Students for Fair Admissions also spells the end for gender-based programs in agriculture.

californialawreview.org/print/affirmative-agriculture
October 20, 2025 at 5:44 PM
Daniel B. Rice corrects the historical record by documenting how civic duties have developed over time. Put simply, the duties of citizenship are not fixed features of our constitutional order.

californialawreview.org/print/civic-duties
October 20, 2025 at 5:44 PM
Philosophical theories of contract link contract and autonomy by way of an appealing intermediate principle, such as the authority of the individual. Aditi Bagchi proposes a different approach to contract theory.

californialawreview.org/print/contract-exchange
October 20, 2025 at 5:44 PM
Gregory Antill shows how we might amend current homicide doctrine to allow more criminal liability for non-intentional police homicides like Derek Chauvin’s killing of George Floyd.

californialawreview.org/print/reluctant-wrongdoing
October 20, 2025 at 5:43 PM
Daniel J. Solove & Woodrow Hartzog explore the fundamental tension between scraping—the automated extraction of large amounts of data from the internet—and privacy law.

californialawreview.org/print/great-scrape
October 20, 2025 at 5:43 PM
Volume 113.5 of the California Law Review is live! Thank you to our editors and authors for their hard work.

Read it at californialawreview.org/print
October 20, 2025 at 5:42 PM
#ICYMI: "The New Homelessness" by Mila Versteeg, Kevin L. Cope, and Gaurav Mukherjee for CLR

Read it at californialawreview.org/print/new-homelessness
September 11, 2025 at 5:10 PM
CG Mahajan argues that the federal judiciary should adopt ADA protections to provide equal access to the federal court system and ensure that the federal judiciary reflects the diverse public it serves.

californialawreview.org/print/judiciary-ada
September 7, 2025 at 8:49 PM
Ben Pearce argues that the California Supreme Court should make a change to a legal test that determines when local initiatives and referenda are preempted by state law.

californialawreview.org/print/morgan-democracy
September 7, 2025 at 8:49 PM
Natalie Jacewicz offers a range of possible agency approaches to incorporate individual animals’ inherent worth into wildlife management.

californialawreview.org/print/new-conservationism
September 7, 2025 at 8:48 PM
Christopher S. Havasy provides avenues for Congress, the President, and agencies to explicitly and consistently institutionalize mid-level justice principles.

californialawreview.org/print/social-justice-conflicts
September 7, 2025 at 8:48 PM
Joshua C. Macey & Brian M. Richardson describe four tectonic shifts in separation-of-powers doctrine, and suggest that no one theory of separation of powers has been liquidated in our constitutional tradition.

californialawreview.org/print/indeterminacy-separation
September 7, 2025 at 8:47 PM
Jeanne C. Fromer & Mark P. McKenna explore how Amazon’s practices affect competition, harm the trademark system, and reshape how we think about trademark law at its foundation.

californialawreview.org/print/amazon-trademark
September 7, 2025 at 8:46 PM
Faiza W. Sayed argues that the Asylum Office has failed policymakers’ original vision for the asylum system, and that any expansion of the office, in its current form, is unwise.

californialawreview.org/print/affirmative-asylum
September 7, 2025 at 8:45 PM
Volume 113.4 of the California Law Review is live! Thank you to our editors and authors for their hard work.

Read it at californialawreview.org/print
September 7, 2025 at 8:44 PM
📣 The fall deadline for submitting your student note to CLR is September 1 at 5 p.m.

Email Senior Notes Editor Karina Sanchez (karinaasanchez@berkeley.edu) with questions and check out californialawreview.org/submit/notes for more information!
August 20, 2025 at 7:33 PM
A new episode of California Law Review's official podcast, Source Collect, is live! 🎙️

Professor Scott Dodson of UC Law San Francisco joins us to discuss his CLR article, "The Complexities of Consent to Personal Jurisdiction."

Listen wherever you get your podcasts!
August 20, 2025 at 2:33 AM
CLR Online is back with a new piece from Seth Frotman and Brad Lipton! Frotman and Lipton propose that we must rethink the federal court structure and grow capacity at the state level to ensure our system works for everyone.

californialawreview.org/online/rigged-courts
August 19, 2025 at 12:33 AM
Let us imagine that you are faced with extortion, threats of violence, or something similar. What, if anything, ought you do in response? Cass R. Sunstein discusses this question and others in the context of the Trump administration for CLR Online.
californialawreview.org/online/trump-extortion
August 13, 2025 at 7:08 PM
Big law firms have been forced to make a choice: appease the Trump administration or fight back. In a new CLR Online piece, Christopher D. Hampson & Elise Bernlohr Maizel consider the choice that the majority of firms have made to stay silent. californialawreview.org/online/trump-biglaw
August 11, 2025 at 6:51 PM
In “What Harvard's Lawsuit Should Have Said,” Michael Banerjee argues that Harvard’s lawsuit against the federal government should have invoked its corporate-constitutional rights.

Read more from California Law Review Online at californialawreview.org/online/trump...
August 10, 2025 at 10:25 PM
In Muñoz, the Court shrank Due Process Clause protections and attacked the equality principle undergirding cases like Loving v. Virginia. Jennifer M. Chacón explains that the Court is intentionally weakening antidiscrimination protections. californialawreview.org/print/loving-borders
August 5, 2025 at 2:49 AM