| Author | Title | Citation | Summary | Year |
| John G. Browning |
BLAZING THE TRAIL: ALABAMA'S FIRST BLACK LAWYERS |
83 Alabama Lawyer 20 (January, 2022) |
The history of black attorneys in Alabama is a rich one, particularly their contributions during the civil rights struggle. But those attorneys, just like the black legal pioneers in recent decades who rose to seats on the Alabama Supreme Court, the federal bench, and at the helm of the Alabama Bar, stood on the shoulders of giants. Yet, despite... |
2022 |
| Gregory Briker, Justin Driver |
BROWN AND RED: DEFENDING JIM CROW IN COLD WAR AMERICA |
74 Stanford Law Review 447 (March, 2022) |
Abstract. It would be difficult to overstate the centrality of Brown v. Board of Education to American law and life. Legal scholars from across the ideological spectrum have lavished more attention on that Supreme Court decision than any other issued during the last century. In recent decades, the standard account of Brown has placed that... |
2022 |
| Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
| Waruguru Gaitho |
CHALLENGING THE SINGLE AXIS FROM THE NEXUS: OPERATIONALIZING INTERSECTIONALITY IN INTERNATIONAL HUMAN RIGHTS LAW TO ADEQUATELY ADDRESS THE CORRECTIVE RAPE OF BLACK LESBIANS IN SOUTH AFRICA |
31 Tulane Journal of Law & Sexuality Sexuality 1 (2022) |
Intersectionality refers to the synergistic interaction between various facets of an individual's identities that may result in compounded oppression. While intersectionality discourse has been around since the '80s, the international human rights law framework has yet to do away with its single-axis model of discrimination law, posing a challenge... |
2022 |
| Charquia Wright |
CIRCUIT CIRCUS: DEFYING SCOTUS AND DISENFRANCHISING BLACK VOTERS |
83 Ohio State Law Journal 601 (2022) |
Law students are uniformly taught that federal circuit courts cannot and will not overrule Supreme Court precedent under any circumstance. This is not true. They can, with little fear of corrective mechanisms like en banc oversight, Supreme Court review, or congressional override. And in certain circumstances, they are bound to do so by the law of... |
2022 |
| Maurice R. Dyson |
COMBATTING AI'S PROTECTIONISM & TOTALITARIAN-CODED HYPNOSIS: THE CASE FOR AI REPARATIONS & ANTITRUST REMEDIES IN THE ECOLOGY OF COLLECTIVE SELF-DETERMINATION |
75 SMU Law Review 625 (Summer, 2022) |
There is a real world with real structure. The program of mind has been trained on the vast interaction with this world and so contains code that reflects the structure of the world and knows how to exploit it. Artificial Intelligence's (AI) global race for comparative advantage has the world spinning, while leaving people of color and the poor... |
2022 |
| Amber Baylor |
CRIMINALIZED STUDENTS, REPARATIONS, AND THE LIMITS OF PROSPECTIVE REFORM |
99 Washington University Law Review 1229 (2022) |
Introduction. 1230 I. A Reparations Framework: Outlining Injury To Criminalized Students. 1234 A. The History and Harm of Criminalizing Students. 1238 B. Law Enforcement in Schools. 1242 C. School Order Misdemeanors. 1246 D. Students in Criminal Courts. 1249 E. Reforms Reducing the Criminalization of Students. 1254 1. School Discipline Reform. 1255... |
2022 |
| Waruguru Gaitho |
CURING CORRECTIVE RAPE: SOCIO-LEGAL PERSPECTIVES ON SEXUAL VIOLENCE AGAINST BLACK LESBIANS IN SOUTH AFRICA |
28 William and Mary Journal of Race, Gender, and Social Justice 329 (Winter, 2022) |
Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to correct the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect... |
2022 |
| Tommie Shelby , tshelby@fas.harvard.edu |
DARK TIMES, BLACK LIGHT: A REPLY TO YANKAH, KELLY, AND MILLS |
16 Criminal Law and Philosophy 45 (April, 2022) |
Accepted: 9 February 2022 / Published online: 12 April 2022 © The Author(s), under exclusive licence to Springer Nature B.V. 2022 Replies to symposium commentaries on the book Dark Ghettos: Injustice, Dissent, and Reform. Keywords Political resistance Injustice Racism Criminal deviance Punishment I am enormously grateful to Ekow Yankah,... |
2022 |
| Tonya M. Evans |
DE-GENTRIFIED BLACK GENIUS: BLOCKCHAIN, COPYRIGHT, AND THE DISINTERMEDIATION OF CREATIVITY |
49 Pepperdine Law Review 649 (March, 2022) |
In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase gentrifying our genius to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically... |
2022 |
| Elaine Gross, MSW |
DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE |
38 Touro Law Review 589 (2022) |
In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... |
2022 |
| Regina Kline , Michael Morris , Nanette Goodman , Peter Blanck |
DISABILITY REPARATIONS AND THE MODERNIZATION OF THE COMMUNITY REINVESTMENT ACT OF 1977 |
24 NYU Journal of Legislation and Public Policy 375 (2021-2022) |
The Community Reinvestment Act of 1977 (CRA) was enacted to reverse the historical exclusion of low and moderate income (LMI) communities from bank lending, investment, and services. This practice of so-called redlining was endemic to a system of finance in which banks typically took wealth out of LMI communities while denying the credit... |
2022 |
| Thalia González |
DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS |
70 UCLA Law Review Discourse 40 (2022) |
This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... |
2022 |
| Anita L. Allen |
DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM |
131 Yale Law Journal Forum 907 (20-Feb-22) |
abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... |
2022 |
| Simon Balto, Department of History, University of Wisconsin-Madison, Madison, Wisconsin, USA, sebalto@wisc.edu, https://doi.org/10.1093/ajlh/njac006, Advance Access Publication Date: 25 March 2022 |
DOUGLAS J. FLOWE, UNCONTROLLABLE BLACKNESS: AFRICAN AMERICAN MEN AND CRIMINALITY IN JIM CROW NEW YORK (CHAPEL HILL: UNIVERSITY OF NORTH CAROLINA PRESS 2020), PP 332, US $29.95 (HARDBACK). ISBN 978-1469655727 |
62 American Journal of Legal History 129 (March, 2022) |
On a steamy August night in 1900, Arthur Harris, a Black migrant from Virginia to New York, stabbed a White plainclothes police officer named Robert Thorpe to death in the Tenderloin district on Manhattan's West Side. Harris was defending his common-law wife May Enoch from Thorpe, who had approached Enoch as she stood outside a saloon waiting for... |
2022 |
| Mickaela J. Fouad |
DOWN AND DIRTY: REMEDIES AND REPARATIONS FOR INTERSECTED ENVIRONMENTAL AND REPRODUCTIVE JUSTICE |
87 Brooklyn Law Review 1423 (Summer, 2022) |
In 2016, Flint, Michigan's water crisis captured the nation's attention and prompted widespread conversations concerning environmental racism. In the fall of 2021, claims, including a class action suit, brought by city residents culminated in a historic $626 million award. But today, even after this settlement, many Flint residents still mistrust... |
2022 |
| Sidney Balman |
ENSURING BLACK LIVES MATTER WHEN THE PENALTY IS DEATH |
15 Idaho Critical Legal Studies Journal J. 1 (2022) |
[I]t is not so much that the death penalty has a race problem as it is that the race problems of America manifest themselves through the implementation of the death penalty. Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They... |
2022 |
| João Figueiredo, Nova Law School, Nova University of Lisbon |
ESCLAVOS Y TIERRAS ENTRE POSESIÓN Y TÍTULOS LA CONSTRUCCIÓN SOCIAL DEL DERECHO DE PROPIEDAD EN BRASIL (SIGLO XIX) [SLAVES AND LANDS FROM POSSESSION TO TITLE-OWNING. THE SOCIAL CONSTRUCTION OF PROPERTY LAWS IN BRAZIL (19TH CENTURY)], MARIANA ARMOND DIAS PA |
45 PoLAR: Political and Legal Anthropology Review Rev. 1 (November, 2022) |
Esclavos y tierras entre posesión y títulos is a ground-breaking historical account of the early development of liberal property laws in Brazil. In this stimulating volume, Mariana Armond Dias Paes uses data collected from 74 randomly sampled legal proceedings of the Court of Appeals of Rio de Janeiro to ground a bottom-up interpretation of legal... |
2022 |
| Alicia E. Plerhoples |
ESG & ANTI-BLACK RACISM |
24 University of Pennsylvania Journal of Business Law 909 (2022) |
Introduction. 910 I. ESG Racial Equity Goals. 912 II. The Actors Setting ESG Racial Equity Standards. 916 A. Federal Regulation. 916 1. Equal Employment Opportunity Commission: EEO-1. 916 2. The Securities Exchange Commission's Diversity Assessment Report. 917 3. The Office of Federal Contract Compliance Programs. 918 B. Private ESG Efforts. 919 1.... |
2022 |
| Lan Cao |
ETHNIC ECONOMIES, CULTURAL RESOURCES, AND THE AFRICAN AMERICAN QUESTION |
91 University of Cincinnati Law Review 303 (2022) |
Ethnic economies are complex. Scholars have debated their many facets, starting with basic questions like how and why they are formed to the thornier philosophical issues surrounding their establishment and functioning. At its core, ethnic economies depend on the creation of an in-group, which conversely, means drawing a line that distinguishes... |
2022 |
| Felix B. Chang |
ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES |
97 Indiana Law Journal 479 (Winter, 2022) |
Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... |
2022 |
| Steven A. Dean |
FILING WHILE BLACK: THE CASUAL RACISM OF THE TAX LAW |
2022 Utah Law Review 801 (2022) |
The tax law's race-blind approach produces bad tax policy. This Essay uses three very different examples to show how failing to openly and honestly address race generates bias, and how devasting the results can be. Ignoring race does not solve problems; it creates them. ProPublica has shown, for example, that because of the perils of filing income... |
2022 |
| Nicholas J. Johnson |
FIREARMS AND PROTEST: LESSONS FROM THE BLACK TRADITION OF ARMS |
54 Connecticut Law Review 953 (July, 2022) |
Kenosha was no aberration. Our history is filled with episodes of righteous protest boiling over into violence. Where violence is imminent, our traditions and laws allow innocents to use corresponding violence in self-defense. This arrangement is imperfect and demands hard thinking about how to refine and possibly improve it. One source of lessons... |
2022 |
| Trevion Freeman |
FOR FREEDMEN'S SAKE: THE STORY OF THE NATIVE BLACKS OF THE MUSCOGEE NATION AND THEIR FIGHT FOR CITIZENSHIP POST-MCGIRT |
57 Tulsa Law Review 513 (Winter, 2022) |
I. Introduction. 514 II. Understanding Federal Indian Law. 516 A. Tribal Sovereignty. 517 i. Defining Indian & Tribal Membership. 518 B. Federal Plenary Power: United States Government Power Over Indian Affairs. 520 C. The Power of Tribal Sovereignty in Relationship with Membership Acceptance (Santa Clara Pueblo v. Martinez). 521 D. Tribal Treaty... |
2022 |
| Wangui Muigai |
FRAMING BLACK INFANT AND MATERNAL MORTALITY |
50 Journal of Law, Medicine & Ethics 85 (Spring, 2022) |
Keywords: Race, Birth, Infant Death, Maternal Death, Health Disparities Abstract: This article looks to the past to consider how government officials, health professionals, and legal authorities have historically framed racial disparities in birth and the lasting impact these explanations have had on Black birthing experiences and outcomes. In the... |
2022 |
| Charisa Smith |
FROM EMPATHY GAP TO REPARATIONS: AN ANALYSIS OF CAREGIVING, CRIMINALIZATION, AND FAMILY EMPOWERMENT |
90 Fordham Law Review 2621 (May, 2022) |
America's legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples... |
2022 |
| Alexandra Eagle |
GREEN IS THE NEW BLACK: ACHIEVING WHOLE-SYSTEM SUSTAINABILITY IN U.S. COFFEE VIA A HYBRID CERTIFICATION SCHEME |
54 Arizona State Law Journal 663 (Summer, 2022) |
Near the village of Las Capucas, in the Copán region of Honduras, Omar Rodríguez Romero manages a coffee farm and a coffee farmer cooperative called Cooperativa Cafetalera Capucas Limitada (COCAFCAL). COCAFCAL assists hundreds of small coffee farmers in the region with growing, processing, and distributing their coffee each season. Coffee is a... |
2022 |
| Richard Winchester |
HOMEOWNERSHIP WHILE BLACK: A PATHWAY TO PLUNDER, COMPLIMENTS OF UNCLE SAM |
110 Kentucky Law Journal 611 (2021-2022) |
Table of Contents. 611 Introduction. 612 I. Housing and Housing Finance Before the New Deal. 615 A. A Long Tradition of Racial Segregation in Housing. 615 B. A Federally Unregulated Housing Finance Market. 617 C. The Shock of the Great Depression. 619 II. Federal Intervention in Mortgage Lending. 621 A. Home Owners' Loan Corporation. 621 B. Federal... |
2022 |
| Zandy Dudiak |
HOMER S. BROWN DIVISION BLACK HISTORY MONTH CELEBRATION TO BE HELD FEB. 24 |
24 Lawyers Journal J. 1 (28-Jan-22) |
The annual Homer S. Brown Division Black History Month Celebration will take place via Zoom at 5:30 p.m. on Thursday, February 24. The decision to make the event virtual occurred during a week when the Omicron variant of COVID-19 had a high infection rate throughout Allegheny County. Further details about attending HSBD's 2022 Black History Month... |
2022 |
| Mitchell F. Crusto |
HOW TO GET AWAY WITH MURDER: WHEN A WHITE MALE POLICE OFFICER KILLS A YOUNG BLACK PERSON |
79 Washington and Lee Law Review Online Online 1 (18-Jan-22) |
Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified... |
2022 |
| Debora Kristensen Grasham |
IDA LEGGETT: IDAHO'S FIRST AFRICAN AMERICAN WOMAN LAWYER AND JUDGE |
65-APR Advocate 28 (March/April, 2022) |
Preface by Hon. Candy W. Dale As I began my third year of law school, I recall watching President Reagan's historical nomination of Sandra Day O'Connor as the first woman associate justice to the Supreme Court of the United States. She was confirmed by the Senate by a 99-0 vote on September 11, 1981. This first signified a beginning that led... |
2022 |
| Aisatou Diallo |
IMMIGRATION LAW--THE $2 COST OF DEPORTATION FOR BLACK IMMIGRANTS |
43 Western New England Law Review 295 (2022) |
The United States is a nation with protected borders and in order to protect the immigration laws control who may or may not come into the country. One way this is done is been by excluding individuals who have been convicted of crimes involving moral turpitude. There is no single definition of what a crime involving moral turpitude is, but over... |
2022 |
| Margaret H. C. Tippett |
IMPLICITLY INCONSISTENT: THE PERSISTENT AND FATAL LACK OF SECOND AMENDMENT RIGHTS FOR BLACK AMERICANS IN SELF-DEFENSE CLAIMS AND THE IMPORTANCE OF TELLING THE COUNTER-STORY |
82 Maryland Law Review Online 68 (2022) |
It's bigger than [B]lack and white. It's a problem with the whole way of life. It can't change overnight. But we gotta start somewhere. Lil Baby, The Bigger Picture (Quality Control Music 2020). Gun control legislation in the United States began in the 1700s, when white people prohibited the purchase or use of guns by Black people. While the... |
2022 |
| Megan S. Wright , Shima Baradaran Baughman , Christopher Robertson |
INSIDE THE BLACK BOX OF PROSECUTOR DISCRETION |
55 U.C. Davis Law Review 2133 (April, 2022) |
In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors' choices are the key drivers of outcomes, whether the rates of mass... |
2022 |
| Timothy Webster |
JAPAN'S TRANSNATIONAL WAR REPARATIONS LITIGATION: AN EMPIRICAL ANALYSIS |
63 Harvard International Law Journal 181 (Winter, 2022) |
Negotiating war reparations is traditionally the province of the political branches, yet in recent decades, domestic courts have presided over hundreds of compensation lawsuits stemming from World War II. In the West, governments responded to these lawsuits with elaborate compensation mechanisms. In East Asia, by contrast, civil litigation... |
2022 |
| Mason McMillan |
JUDGES BE TRIPPIN: A LEGAL ANALYSIS OF BLACK ENGLISH IN THE COURTROOM |
57 Tulsa Law Review 451 (Winter, 2022) |
I. Introduction. 452 II. Black English Is Not Standard English with Mistakes. 454 A. Black English Has Distinct Grammatical Features. 455 i. Durative & Narrative Tense. 456 ii. Negation. 457 iii. Zero Plural/Possessive -S. 458 iv. Existential It & Zero Copula. 458 B. Black English Has Distinct Phonological Features. 459 i. Reduction. 460 ii.... |
2022 |
| John Herlyn Antón Sánchez |
LATIN AMERICAN INTERNATIONAL LAW AND AFRO-DESCENDANT PEOPLES |
116 AJIL Unbound 334 (2022) |
After the Third World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, held by the United Nations in Durban, South Africa, in 2001, an important movement emerged. The African diaspora communities in the Americas, or Afro-descendants, as they prefer to self-identify, began to seek legal recognition in the... |
2022 |
| Kelsey Goldman |
LETTING THE CAT OUT OF THE BAG: HOW LACK OF ACCESS TO ANIMAL COMPANIONSHIP AND HUSBANDRY FOSTERS INEQUALITY FOR BLACK AMERICANS |
12 UC Irvine Law Review 693 (February, 2022) |
Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and... |
2022 |
| Jazmine Langley |
LIGHT IN A DARK TUNNEL? TORRES v. MADRID: RECOMMITMENT TO THE FOURTH AMENDMENT AND ONE STEP TOWARDS JUSTICE FOR AFRICAN-AMERICAN VICTIMS OF POLICE VIOLENCE |
44 North Carolina Central Law Review 81 (2022) |
How does a Fourth Amendment seizure occur? Does it occur when the government intentionally terminates an individual's movement or when there is an application of force with an intent to restrain a person? Does it matter if the person being seized is successfully controlled, captured, or restrained? Recently, this topic has come under significant... |
2022 |
| Zachary Parrish |
LOCKED UP AND LOCKED DOWN IN THE LAND OF THE FREE: A LOOK AT THE UNITED STATES' PRISONS AND COVID-19'S DISPROPORTIONATE EFFECT ON BLACK AMERICANS' RIGHT TO HEALTH |
37 American University International Law Review 391 (2022) |
I. INTRODUCTION. 393 II. BACKGROUND. 396 A. Racism in the United States: A Brief History. 396 i. Mass Incarceration. 396 ii. Systemic Racism. 399 B. COVID-19. 399 i. COVID-19's effect on Black Americans within prisons. 400 C. The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention). 405 i. Article 1:... |
2022 |
| Nina Oishi |
LOVE, MEMORY, AND REPARATIONS: LOOKING TO THE BOTTOM TO UNDERSTAND HAWAI'I'S MAUNA KEA MOVEMENT |
29 Asian American Law Journal 126 (2022) |
The activism on Mauna Kea opposing the construction of the Thirty Meter Telescope has become a flashpoint in local media and a watershed moment for Hawaiian movements. In this Note, I apply the critical legal theory concept of looking to the bottom to understand the Mauna Kea movement as part of a broader theory of reparations for Native... |
2022 |
| McKenzi B. Baker |
MADE WHOLE: THE EFFICACY OF LEGAL REDRESS FOR BLACK WOMEN WHO HAVE SUFFERED INJURIES FROM MEDICAL BIAS |
57 Harvard Civil Rights-Civil Liberties Law Review 321 (Summer, 2022) |
Kira Johnson died a preventable death when physicians at Cedars-Sinai Medical Center failed to adequately respond to hemorrhaging from what was supposed to be a routine cesarean section. After waiting twelve hours for imperative attention that could have saved her life, Kira's husband was callously told that she was just not a priority. Four hours... |
2022 |
| Jeremy Peel |
MAKING ENDS MEAT: FIFTH CIRCUIT HOLDS THAT COVID-19 RELATED LOSSES ARE NOT COVERED UNDER INSURANCE POLICY FOR "DIRECT PHYSICAL LOSSES" |
41 Corporate Counsel Review 93 (May, 2022) |
Us Texans love our barbecue. However, most of us found it difficult to go out and get during the COVID-19 lockdowns. Like most restaurants, Terry Black's Barbecue (Terry Black's) felt that pain, too, but in a very different way. Terry Black's owns and operates barbecue restaurants in Dallas and Austin. After the onset of COVID-19, civil... |
2022 |
| Hon. Willie J. Epps, Jr. , Jonathan M. Warren |
MISSOURI'S BLACK JUDICIAL PIONEERS: LEADING AND PRESIDING |
67 Washington University Journal of Law & Policy 27 (2022) |
In this Article, Judge Epps and Jonathan Warren collect and compose an unparalleled amount of information about Missouri's Black judges from 1922 to the present. Laser-focused on barrier-breaking judges, this Article offers insights about the most well-known Black judges, in addition to details about lesser-known Black judges. According to the... |
2022 |
| Lisa A. Crooms-Robinson |
MURDERING CROWS: PAULI MURRAY, INTERSECTIONALITY, AND BLACK FREEDOM |
79 Washington and Lee Law Review 1093 (Summer, 2022) |
What is intersectionality's origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910-1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane... |
2022 |
| Madison N. Heckel |
NO JUSTICE, NO PEACE: THE NEED FOR A STATE VERSION OF § 1983 IN RESPONSE TO THE MOVEMENT FOR BLACK LIVES |
15 DePaul Journal for Social Justice Just. 1 (Winter/Spring, 2021-202) |
After the Civil War, violence raged across the South against Black Americans as an attempt by racist Confederates to refuse the racial equality guaranteed by the recent Constitutional Amendments. Congress recognized the lack of state action in enforcing the Reconstruction Amendments and passed the Ku Klux Klan Act in response, which allowed... |
2022 |
| Judge Elizabeth L. Gunn , Joy D. Kleisinger |
NOT SO BLACK AND WHITE |
61 Judges' Journal J. 4 (Fall, 2022) |
A core tenet of the bankruptcy system is the fresh start for those who file for relief under the U.S. Bankruptcy Code. However, a debtor's fresh start becomes more complicated in the context of certain types of debt, including student loans. While it is often assumed by student loan borrowers that bankruptcy is not an option to discharge student... |
2022 |
| Joseph D. G. Castro |
NOT WHITE ENOUGH, NOT BLACK ENOUGH: REIMAGINING AFFIRMATIVE ACTION JURISPRUDENCE IN LAW SCHOOL ADMISSIONS THROUGH A FILIPINO-AMERICAN PARADIGM |
49 Pepperdine Law Review 195 (January, 2022) |
Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O'Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven diversity initiatives in... |
2022 |
| Thomas H.L. Forster |
OUT OF THE "BLACK HOLE": TOWARD A NEW APPROACH TO MDL PROCEDURE |
100 Texas Law Review 1227 (May, 2022) |
Multidistrict litigation (MDL) allows the consolidation of claims in a single forum. Usually, these suits share common facts but involve individual liability questions that prevent class-action certification. Under 28 U.S.C. § 1407, the Judicial Panel on Multidistrict Litigation (JPML) may transfer and consolidate all pending actions before its... |
2022 |
| R.A. Lenhardt |
PARENTING WHILE BLACK |
90 Fordham Law Review 2591 (May, 2022) |
As a child, I delighted in stories about my mother and her four sisters. In one of my favorite narratives from 1944, my mother's three oldest sisters, not one of them older than nine at the time, were determined to take my infant mother and her twin to get vaccinated. Because they appreciated that such an obligation was serious, the older girls... |
2022 |