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

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November 4, 2025 at 6:37 PM
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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
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