This Article explores the predominate framing of student truancy and uncovers the problems associated with the prevailing framework. California Attorney General Kamala Harris frames the issue as an economic crisis in which truant students and their...
Channeling the Queen of Hearts, the California Supreme Court drafts and votes on its merits opinions before the case under review is orally argued. The court can, and does, alter those opinions in light of the argument, often sprinkling in citations...
Judges, like all public officials, are used to criticism. The task of resolving important legal controversies seldom pleases all sides, and scholars, pundits, and dissenting colleagues often spare no pains to remind us that we are not “infallible.”...
Justice Liu’s response to Opinions First—Argument Afterwards treats Opinions First as an attack on the court—which it is not—rather than a wellsupported proposal for reform, which is the ground I had hoped to occupy. Instead of addressing the ways...
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal...
Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply...