IN MEMORIAM: JUSTICE RUTH BADER GINSBURG

A series of tributes honoring the life and legacy of Justice Ruth Bader Ginsburg.

Vol. 124 No. 1

Disability Law
Essay

SURVEILLING DISABILITY, HARMING INTEGRATION

Prianka Nair*

Scholars, policymakers, and the media acknowledge that surveillance can threaten privacy and increase the risk of discrimination. Surveillance of people with disabilities, however, is positioned as being a convenient way of averting a host of problems: It can be seen as a way to protect people with disabilities from abuse and neglect, to prevent Medicaid fraud, and to proactively protect school communities from mass shootings. Increasingly, as[...]

Criminal Procedure
Article

THE END OF BATSON? RULEMAKING, RACE, AND CRIMINAL PROCEDURE REFORM

Thomas Ward Frampton* & Brandon Charles Osowski**

On January 1, 2022, the Arizona Supreme Court announced the most radical change to the American jury in nearly thirty-five years: the elimination of peremptory strikes. Arizona’s move is part of a broader trend of states experimenting with new ways to counter racial exclusion in the selection of juries after decades of federal inaction. Perhaps as noteworthy as the reforms themselves is the way in which many have come about: Rather than announcing[...]

Property Law
Note

PRIVATE BUSINESS FOR YOUR PRIVATE BUSINESS: EXPANDING BATHROOM ACCESS FOR PEOPLE EXPERIENCING HOMELESSNESS BY BANNING CUSTOMERS-ONLY POLICIES

Luke Anderson*

For people experiencing homelessness, lack of access to public bathroom facilities often forces the humiliating need to urinate or defecate in public. The bathroom options available to those experiencing homelessness do not meet the population’s needs. One solution that scholars and local leaders have proposed is to ban customers-only bathroom policies. Such bans pose difficult legal and political questions. Most significantly, the recent Supreme[...]

Qualified Immunity
CLR Forum

1983

Brandon Hasbrouck*

This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell’s classic novel Nineteen Eighty-Four. Like Orwell’s novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide examples of some of those problems and how courts have treated them in a constitutional law[...]

Civil Procedure
Comment

INCENTIVIZING HARM: JUDICIAL TREATMENT OF GENDER CONFIRMATION SURGERY

Leah Haberman*

In states with restrictive Medicaid statutes, many transgender people seeking gender-affirming care look to the courts for injunctive relief to receive gender-affirming surgery. The standard to obtain injunctive relief necessitates, in part, a finding that the plaintiff would be irreparably harmed without the relief—in this case, without being able to access surgery. This Comment outlines dangerous implications embedded in the Ninth Circuit’s[...]

Federal Courts
Note

THE BRIEF LIFE AND ENDURING PROMISE OF CIVIL RIGHTS REMOVAL

Andrew Straky*

The Reconstruction Congress provided for civil rights removal jurisdiction to enable a state-court defendant with defenses based on federal civil rights to remove the case against them to federal court. A series of late nineteenth-century Supreme Court decisions rendered the provision practically useless until Congress invited federal courts to reinterpret the statute in the Civil Rights Act of 1964. New archival research reveals how lawyers at[...]