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Santa Clara Law Review


CRIMINALIZING SURVIVAL: HOW THE GRANTS PASSDECISION IS INTENSIFYINGTHE HOMELESSNESS CRISIS IN CALIFORNIA AND BEYOND
Abstract : This article examines the intensifying criminalization of homelessness in the United States since the Supreme Court’s 2024 decision in Grants Pass v. Johnson , which removed the ability of people to challenge laws under the Eighth Amendment’s Cruel and Unusual Punishment Clause that prohibit survival behaviors in public places like sitting, sleeping, or lying down. The article explores the legal and practical challenges in documenting criminalization of homelessnes
Laura Riley


A (LOPER) BRIGHT FUTURE?: HOW THE SUPREME COURT OPENED A PATH FOR DRUG REFORM
Abstract: We are witnessing a sweeping transformation of administrative law. The Supreme Court has taken aim at what it believes is a constitutional error: the power of the administrative state. All parts of the so-called “fourth branch of government” are undergoing shifts in the legal doctrines governing their structure. For those in favor of a strong administrative state, most of the Court’s new approach to agency action may represent a sinister effort to prevent the making
Jack Malich


PROCESSES THAT PRODUCE RACIAL DISPARITIES IN CALIFORNIA DEATH SENTENCES: A REVIEW OF THE LITERATURE
Abstract: A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or a
Catherine M. Grosso; Michael Laurence; Jeffery Fagan
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