Volume 88, Number 2 (January, 2015)
Stereotype Threat and Antidiscrimination Law: Affirmative Steps to Promote Meritocracy and Racial Equality in Education
Article by Sam Erman & Gregory M. Walton
88 S. Cal. L. Rev. 307 A new generation of social science research creates new opportunities to increase fairness and reduce racial inequality in education. This research raises important questions for antidiscrimination law. Over the past twenty years, research conducted around the world has established that for students subject to pervasive negative intellectual stereotypes, such as African American and Latino students (and many other groups, including, in math and science, girls and wom...
Drugs and Violence
Article by Shima Baradaran
88 S. Cal. L. Rev. 227 The war on drugs has increased the U.S. prison population by tenfold. The foundation for the war on drugs, and this unparalleled increase in prisoners, relies on the premise that drugs and violence are causally linked. Politicians, media, and scholars continue to advocate this view either explicitly or implicitly. This Article identifies the pervasiveness of this premise and questions the link between drugs and violence. It demonstrates that a causal connection between...
The Reasonableness of a Race-Based Suspicion: The Fourth Amendment and the Costs and Benefits of Racial Profiling in Immigration Enforcement
Note by Christian Briggs
88 S. Cal. L. Rev. 379 Claudia, a Mexican American with family roots in the United States since the mid-1800s, walked out of a grocery store, happily chatting with her three young children in Spanish as they walked toward her car. Before arriving at her car, she was stopped by government officials and asked for proof of citizenship. Speaking to the officers in accent-free English, she explained that she is in fact a United States citizen, offering her driver’s license as proof. After rejectin...
The Untold Story of the State Filibuster: The History and Potential of a Neglected Parliamentary Device
Note by Kyle Grossman
88 S. Cal. L. Rev. 413 On June 25, 2013, as Texas State Senator Wendy Davis prepared to launch her now-famous filibuster, the Supreme Court in Shelby County v. Holder invalidated Section 4 of the Voting Rights Act (“VRA”), a crucial part of one of the most successful civil rights statutes ever enacted. This Note takes these two seemingly unrelated events as its starting and ending points. While the federal filibuster is a familiar procedural device, Davis’s effort shone a light on its underex...
The New York Safe Act: A Thoughtful Approach to Gun Control, or a Politically Expedient Response to the Public's Fear of the Mentally Ill?
Postscript (Note) by Matthew Gamsin
88 S. Cal. L. Rev. Postscript 16 This Note will first review the historical development of gun-control laws in the United States, including those referred to by the Supreme Court as “longstanding prohibitions on the possession of firearms by . . . the mentally ill.” It will then analyze the extent to which the SAFE Act differs from such longstanding prohibitions and whether the Act is constitutional. Finally, this Note will consider whether, regardless of its constitutionality, the SAFE Act i...
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