California Law Review

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.

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.

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

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

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

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

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.

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”

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.

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.

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.

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.

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

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.

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

"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

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.

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

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

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

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

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

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

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

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

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

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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.@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!

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