California Law Review

http://scholarship.law.berkeley.edu/californialawreview/

List of Papers (Total 3,904)

Arbitration Nation: Data from Four Providers

Forced arbitration has long been controversial. In the 1980s, the Supreme Court expanded the Federal Arbitration Act (FAA), sparking debate about whether private dispute resolution was an elegant alternative to litigation or a rigged system that favors repeat-playing corporations. Recently, these issues have resurfaced, as the Court has decided a rash of cases mandating that...

The Constitutionalization of Disparate Impact—Court-Centered and Popular Pathways: A Comment on Owen Fiss’s Brennan Lecture

This Essay is based on a lecture presented at the Brennan Center’s 2017-2018 Thomas M. Jorde Symposium on April 23, 2018 at the University of Chicago Law School. In this piece, Professor Reva B. Siegel responds to the Jorde Symposium lecture delivered by Professor Owen Fiss, titled The Accumulation of Disadvantages, available here.

Second Redemption, Third Reconstruction

This Essay is based on a lecture presented at the Brennan Center’s 2017-2018 Thomas M. Jorde Symposium on October 16, 2017 at the University of California, Berkeley School of Law. In this piece, Professor Richard Primus responds to the Jorde Symposium lecture delivered by Professor Owen Fiss, titled The Accumulation of Disadvantages, available here.

Racial Justice in the Age of Diversity

This Essay is based on a lecture presented at the Thomas M. Jorde Symposium on October 16, 2017 at the University of California, Berkeley School of Law. In this piece, Goodwin Liu, Associate Justice of the Supreme Court of California, responds to the Jorde Symposium lecture delivered by Professor Owen Fiss, titled The Accumulation of Disadvantages, available here.

The Accumulation of Disadvantages

This Essay is based on a lecture presented at the Thomas M. Jorde Symposium to honor Justice William J. Brennan, Jr. The lecture was delivered first on October 16, 2017 at the University of California, Berkeley School of Law and then at the University of Chicago Law School on April 23, 2018. The ideas presented in the lecture were forged in a seminar entitled “A Community of...

The Keyes of Constitutional Law

This Essay is based on a lecture presented at the Thomas M. Jorde Symposium on April 23, 2018 at the University of Chicago Law School. In this piece, Professor Justin Driver responds to the Jorde Symposium lecture delivered by Professor Owen Fiss, titled The Accumulation of Disadvantages, available here.

Color as a Batson Class in California

Batson v. Kentucky prohibits race-based discrimination in the exercise of peremptory challenges during jury selection in criminal and civil jury trials. In People v. Bridgeforth, New York’s highest court recently expanded this well-established protection to include discrimination based on skin color. Courts throughout the nation should adopt the same holding, despite potential...

The Pharmaceutical Access Act: An Administrative Eminent Domain Solution to High Drug Prices

In this Note, Brittany S. Burns recommends that Congress enact a statute, which she calls the Pharmaceutical Access Act (“PAA”). The PAA, inspired by the Atomic Energy Act of 1954, would create a new executive agency with the power to grant compulsory licenses to pharmaceutical patents. She argues that this intervention would remedy high drug prices, which show no sign of...

Lactation Law

Over the last twenty years, state legislatures have passed a number of laws designed to support and encourage breastfeeding, including laws that protect public breastfeeding and lactating employees in the workplace. Both sides of the political aisle cheered the passage of these laws, and more recent federal laws, as an unqualified positive for women, families, and public health...

Rethinking Political Power in Judicial Review

For decades, scholars have argued that the proper judicial response when democratically enacted laws burden politically powerless minority groups is more aggressive judicial review. This political process approach, however, has fallen on deaf ears at the Supreme Court since the 1970s. Justice Scalia was thus accurate (if not politic) when he derided political process theory as an...