| Author | Title | Citation | Summary | Year |
| Zahra N. Mian |
Black Identity Extremist or Black Dissident?: How United States V. Daniels Illustrates Fbi Criminalization of Black Dissent of Law Enforcement, from Cointelpro to Black Lives Matter |
21 Rutgers Race & the Law Review 53 (2020) |
In August 2017, the Federal Bureau of Investigations (FBI) released an intelligence assessment asserting the resurgence of a domestic terror threat to law enforcement: Black Identity Extremist (BIE) ideology. According to the assessment, BIE is rooted in perceptions of alleged police brutality amongst the African American community. The FBI... |
2020 |
| Nwando Anwah |
Black Lives Matter on Juries Too |
44 Journal of the Legal Profession 293 (Spring, 2020) |
In 1996, Curtis Giovanni Flowers was accused of murdering four people at a furniture store in Winona, Mississippi. Since then, he has been tried an astonishing six times for the same alleged crimes--all of which have ended in mistrial or convictions that were reversed on appeal. He was first convicted in 1997, and in five out of the six trials, the... |
2020 |
| Black Women Scholars, The Research Working Group of the Black Mamas Matter Alliance |
Black Maternal Health Research Re-envisioned: Best Practices for the Conduct of Research With, For, and by Black Mamas |
14 Harvard Law & Policy Review 393 (Summer, 2020) |
The purpose of this article is to provide an overview of a forthcoming report entitled Black Maternal Health Research Re-Envisioned: Recommendations for Improving Research on Maternity Care for Black Mamas which provides principles that should underpin the ethical design of clinical, epidemiological, health services, and public health research,... |
2020 |
| Jennifer M. Kinsley |
Black Speech Matters |
59 University of Louisville Law Review 1 (Fall, 2020) |
On Memorial Day 2020, Minneapolis police killed George Floyd, an unarmed African-American man suspected of paying for groceries with a counterfeit $20 bill. Two officers held Floyd face down on the ground, while another officer pinned Floyd's head against the ground by forcefully placing a knee onto his neck for nearly ten minutes. Several months... |
2020 |
| Mae C. Quinn |
Black Women and Girls and the Twenty-sixth Amendment: Constitutional Connections, Activist Intersections, and the First Wave Youth Suffrage Movement |
43 Seattle University Law Review 1237 (Summer, 2020) |
C1-2Contents Introduction. 1238 I. White Men Twenty-one Years of Age as Historic Political Citizens. 1241 II. Taking Charge of an Age: Nash and Quilloin as Black Teen Activists in the 1960s. 1246 III. Drawing in Presidents Kennedy and Johnson as Unlikely First Wave Allies. 1252 IV. Powerful Black Girls Becoming Powerful Black Women: Additional... |
2020 |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
| Amber Baylor |
Boynton V. Virginia and the Anxieties of the Modern African-american Customer |
49 Stetson Law Review 315 (Winter, 2020) |
In 1958, a young Howard law student named Bruce Boynton walked into a diner at a bus terminal in Richmond, Virginia, and sat down to order. Boynton's bus from Washington, D.C., to Montgomery, Alabama, was parked at the terminal for a brief break, allowing the passengers to grab food for dinner. Boynton found a stool at the diner counter a few feet... |
2020 |
| |
Civil Rights Act of 1866--antidiscrimination Law--pleading Standards-- Comcast Corp. V. National Ass'n of African American-owned Media |
134 Harvard Law Review 580 (November, 2020) |
In 1989, in Price Waterhouse v. Hopkins, a plurality of the Supreme Court held that in a Title VII sex discrimination lawsuit, a plaintiff need show only that their gender was a motivating factor in an adverse employment decision, at which point the burden shifted onto the defendant to show that the same decision would have been made regardless... |
2020 |
| Felicia Isaac |
Climate Change Is Hurting Expectant Black Mothers |
35-WTR Natural Resources & Environment 57 (Winter, 2021) |
Over the past year, our nation has grappled with many of the disproportionate obstacles faced by Black communities. One obstacle that is rarely featured in the headlines and news reports that has become all too familiar is the disproportionate effect of climate change on the maternal health of Black women. That impact and the obstacles it creates... |
2020 |
| Catherine Tarantino |
Contracting Free from Racial Animus: Comcast Corporation V. National Association of African American-owned Media and Entertainment Studios |
15 Duke Journal of Constitutional Law & Public Policy Sidebar 77 (2020) |
The United States has come a long way in promoting racial equality since the 1866 and 1964 Civil Rights Acts, but racial animus still plays an impermissible role in many contracting and employment decisions. Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios offers the Supreme Court the opportunity... |
2020 |
| Marina Aksenova |
Creative Potential of Reparations at the Inter-american Court of Human Rights and the International Criminal Court |
43 Suffolk Transnational Law Review 1 (Winter, 2020) |
faire preuve d'humanité consiste à prendre part au sort des autres hommes; l'inhumanité est l'attitude de celui qui est indifférent au sort des hommes. This article critically reflects on the practice of symbolic reparations with artistic value at the Inter-American Court of Human Rights (IACtHR). The IACtHR is more experienced than the... |
2020 |
| Denise Herd |
Cycles of Threat: Graham V. Connor, Police Violence, and African American Health Inequities |
100 Boston University Law Review 1047 (May, 2020) |
This Essay explores how Graham v. Connor and the policies it codified contribute to multiple and interacting levels of health inequities caused by police violence in African American communities. First, police violence leads to higher rates of deaths, physical injuries, and psychological harm among affected individuals. Second, police violence... |
2020 |
| Alex Zhang |
Damnatio Memoriae and Black Lives Matter |
73 Stanford Law Review Online 77 (September, 2020) |
Police brutality and killings of Black Americans have recently sparked nationwide protests. Among the many expressions of anger and indignation, one stands out as a unique feature of this wave of the social movement: public scrutiny of civic symbols. Protestors have defaced, torn down, and called for the removal of monuments that represent our... |
2020 |
| Ross Barkan |
Deadly Force |
106-SEP ABA Journal 14 (August/September, 2020) |
The seeds that inflamed America's intense national debate over race and criminal justice were planted months before George Floyd was killed by police on a Minneapolis street in late May. The buildup to the country's summer of civil unrest began in a quiet subdivision just outside of Brunswick, Georgia, where an unarmed Black man out jogging was... |
2020 |
| A. Mechele Dickerson |
Designing Slavery Reparations: Lessons from Complex Litigation |
98 Texas Law Review 1255 (June, 2020) |
Ten years ago, the U.S. Senate and House of Representatives enacted resolutions that apologized to Black Americans on behalf of the people of the United States[] for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow laws. Despite acknowledging the fundamental injustice, cruelty, brutality, and... |
2020 |
| Jonathan Cardi , Valerie P. Hans , Gregory Parks |
Do Black Injuries Matter?: Implicit Bias and Jury Decision Making in Tort Cases |
93 Southern California Law Review 507 (March, 2020) |
They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by African Americans are devalued relative to the injuries of whites. This study is one of the first comprehensive experimental examinations of how race affects judgments of tort injuries. We... |
2020 |
| Alexis Redd , Correspondence: alexisredd95@gmail.com |
Dollar Dollar Bill Y'all: the Eradication of Historically Black Colleges & Universities by the Federal Government, One Dollar at a Time |
58 Family Court Review 1072 (October, 2020) |
Under current federal regulations, families are being financially burdened by the cost of college tuition at Historically Black Colleges and Universities due to the lack of federal funding allocated to these vital institutions. Historically Black Colleges & Universities are struggling to keep their doors open to educate many Black students from... |
2020 |
| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to... |
2020 |
| Professor Cecil J. Hunt, II |
Feeding the Machine: the Commodification of Black Bodies from Slavery to Mass Incarceration |
49 University of Baltimore Law Review 313 (Summer, 2020) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 314 II. SLAVERY: THE FIRST ERA OF BLACK COMMODIFICATION. 318 A. Traditional Defense of Slavery. 320 B. Slavery as a Profit Machine. 321 C. New Scholarship. 322 D. Dred Scott. 324 III. BLACK CODES AND CONVICT LEASING. 325 A. Thirteenth Amendment. 325 B. Black Codes. 325 C. Convict Leasing. 327 D. Punishment.... |
2020 |
| Tasnim Motala |
Foreseeable Violence & Black Lives Matter: How Mckesson Can Stifle a Movement |
73 Stanford Law Review Online 61 (September, 2020) |
Catalyzed by the death of George Floyd, protests against police brutality and systemic racism have spread across the United States and the world in 2020. Throughout the country, law enforcement has responded to these protests with the same type of brute force that protesters are challenging--excessive, violent, and militarized. Many have... |
2020 |
| Sandra L. Rierson |
Fugitive Slaves and Undocumented Immigrants: Testing the Boundaries of Our Federalism |
74 University of Miami Law Review 598 (Spring, 2020) |
Federalism--the dual system of sovereignty that invests both the nation as a whole and each individual state with the authority to govern the people of the United States of America--is a foundational pillar of American democracy. Throughout the nation's history, political crises have tested the resilience of this dual system of government... |
2020 |
| Julie Goldscheid |
Gender Violence Against Afro-colombian Women: Making the Promise of International Human Rights Law Real |
4 Columbia Human Rights Law Review Online 249 (5/27/2020) |
In the wake of the historic inclusion of racial and gender justice provisions in the 2016 peace accord with the Revolutionary Armed Forces of Colombia (FARC), gender violence in Colombia continues with devastating effect, and with a particularly harmful impact on Afro-descendant and Indigenous women and their communities. Colombia continues to... |
2020 |
| Brian Libgober |
Getting a Lawyer While Black: a Field Experiment |
24 Lewis & Clark Law Review 53 (2020) |
In this Article, I present new evidence that African-Americans face unique impediments in obtaining access to counsel. Using a randomized audit design, I show that those with black-sounding names receive only half the callbacks of those with white-sounding names in response to requests for legal representation. I design a larger, follow-up... |
2020 |
| Camille Lamar Campbell |
Getting at the Root Instead of the Branch: Extinguishing the Stereotype of Black Intellectual Inferiority in American Education, a Long-ignored Transitional Justice Project |
38 Law & Inequality: A Journal of Theory and Practice 1 (Summer, 2020) |
L1-2Table of Contents Introduction. 2 I. Transitional Justice Primer: Central Tenets, Prevalent Practices, and Modern-Day Applications. 6 A. Transitional Justice Tenets and Prevalent Practices. 9 B. Applying Transitional Justice Principles to Stable Democracies. 11 II. Lost in Transition: The Court's Transitional Jurisprudence Replicates the... |
2020 |
| Jack K. Whitehead, Jr. |
Godfrey, Adams and 100 Black Men |
68 Louisiana Bar Journal 266 (December, 2020/January, 2021) |
The organization 100 Black Men of America began in 1963 in New York City amid the civil unrest facing the country. The founders included Jackie Robinson, former NYC Mayor David Dinkins and leading African-American businessmen. The 100 mission is grounded on four pillars--1) mentoring; 2) education; 3) economic empowerment; and 4) health and... |
2020 |
| Babe Howell, Naree Sinthusek |
In the Crosshairs: Centering Local Responses to Sgbv in Afro-colombian Communities |
4 Columbia Human Rights Law Review Online 268 (5/27/2020) |
The demobilization of the Fuerzas Armadas Revolucionarias de Colombia (FARC) since November 2016 has created a power vacuum, as multiple forces vie for areas previously controlled by FARC. This has resulted in new vulnerabilities in many majority Afro-Colombian areas of Colombia to SGBV at the hands of paramilitaries, guerillas,... |
2020 |
| Kylie M. Allen |
Indigenous Nuclear Injuries and the Radiation Exposure Compensation Act (Reca): Reframing Compensation Toward Indigenous-led Environmental Reparations |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been... |
2020 |
| Lisa Davis |
Introduction: Afro-colombian Voices in the Colombian Peace Process |
4 Columbia Human Rights Law Review Online 246 (5/27/2020) |
Colombia has emerged as a global reference for establishing political solutions to seemingly intractable conflicts. After five decades and numerous negotiations attempts, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) reached a peace agreement containing several major innovations in the field of women, peace and... |
2020 |
| Nkechi Taifa |
Let's Talk about Reparations |
10 Columbia Journal of Race and Law L. 1 (2020) |
In the spring of the 2019, the Columbia Journal of Race and Law invited activist, attorney and scholar, Nkechi Taifa, to Columbia Law School for a public lecture on the topic of Reparations for descendent of enslaved Africans in the United States. Reparations has been a subject to much public discourse over the years and, in the last decade in... |
2020 |
| Nadia E. Brown , Danielle C. Lemi |
Life for Me Ain't Been No Crystal Stair: Black Women Candidates and the Democratic Party |
100 Boston University Law Review 1613 (October, 2020) |
C1-2Contents Introduction. 1614 I. Black Women Candidates and Party Politics. 1617 A. Democratic Party. 1617 B. Black Women Candidates. 1620 II. Data and Methods. 1623 A. The Sample. 1623 B. The Method. 1625 III. Black Women Candidates' Experiences with the Democratic Party. 1626 A. The Democratic Party: Gatekeeping and Racial Politics. 1626 B. The... |
2020 |
| Deborah Zalesne |
Making Rights a Reality: Access to Health Care for Afro-colombian Survivors of Conflict-related Sexual Violence |
51 Columbia Human Rights Law Review 668 (Winter, 2020) |
In 2008, Colombia enacted Law 1257, which states that women's rights are human rights, and that women's rights include the right to a dignified life, including the right to physical health and sexual and reproductive health. In 2016, the Colombian government signed a peace accord with the Revolutionary Armed Forces of Colombia (FARC),... |
2020 |
| Shontel Stewart |
Man's Best Friend? How Dogs Have Been Used to Oppress African Americans |
25 Michigan Journal of Race and Law 183 (Winter, 2020) |
The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, ill-suited laws, and... |
2020 |
| Caroline V. Lawrence, The COVID-Dynamic Team |
Masking Up: a Covid-19 Face-off Between Anti-mask Laws and Mandatory Mask Orders for Black Americans |
11 California Law Review Online 479 (November, 2020) |
Mandatory PPE orders during COVID-19 have forced Black Americans to weigh the dangers of disease against the dangers of selective enforcement and racial profiling. In states with civil rights-era anti-mask laws, both wearing and eschewing masks could lead to police interaction. This Essay argues that anti-mask laws were only superficially intended... |
2020 |
| Ciera Berkemeyer |
New Growth: Afro-textured Hair, Mental Health, and the Professional Workplace |
44 Journal of the Legal Profession 279 (Spring, 2020) |
One thing has been and will always be true-all hair is good hair. The natural hair community has internally struggled with hair typing and the notion that certain hair textures are good hair. Tight, coily and kinky hair naturals are underrepresented and by far under-celebrated, given their hair does not conform to the hair images being... |
2020 |
| Gregory S. Parks , Matthew P. Hooker |
Organizational Ideology and Institutional Problem-solving: Hazing Within Black Fraternities |
44 Law & Psychology Review 91 (2019-2020) |
Abstract: Hazing has been a persistent issue in collegiate fraternities and sororities for generations. In forty-four states, legislatures have passed anti-hazing statutes. However, the law has not meaningfully curtailed said conduct. That is because, at least in part, organizations have ideologies--just like people--that range from conservative to... |
2020 |
| Trevor George Gardner |
Police Violence and the African American Procedural Habitus |
100 Boston University Law Review 849 (May, 2020) |
How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal... |
2020 |
| |
Proof of Life: Two Tales of Black Folk from "The Buckle of the Death Belt" |
45 Criminal Law Bulletin 2 (NoDate) |
At his passing on November 23, 2008, Mr. Mello was Professor of Law, Vermont Law School. He received his undergraduate degree at Mary Washington College in 1979; three years later, Professor Mello obtained a law degree at the University of Virginia School of Law. A friend of this journal, Professor Mello will be remembered as a prodigious scholar... |
2020 |
| Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law |
Racial Reconciliation Through Black Reparations |
63 Howard Law Journal 349 (Spring, 2020) |
A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations... |
2020 |
| Justin Fitzsimmons |
Reaction To: the Gray Area: Exploring the Black-white Binary's Exploitation of the Multi-racial Identity |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 79 (Spring, 2020) |
Landon Myers' article explains how and why multi-racial people have been forced to identify as Black in the Black-White binary, denying them the agency of owning their identities while at the same time denying them the protection of civil rights laws. Myers seeks to remedy the psychological oppression suffered by multi-racial people in having their... |
2020 |
| John Felipe Acevedo |
Reclaiming Black Dignity |
99 Texas Law Review Online Online 1 (2020) |
As American society seeks to institute police reforms in the wake of the protests following George Floyd's murder, the imperative to include communities that have been disproportionately victimized by police in those reform processes becomes increasingly apparent. For members of these communities, questions of police reform implicate not only... |
2020 |
| Valorie E. Douglas |
Reparations 4.0: Trading in Older Models for a New Vehicle |
62 Arizona Law Review 839 (Fall, 2020) |
Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation of social and economic harm and hardship that Black Americans suffer for being Black Americans, notions of fairness and justice suggest redress for... |
2020 |
| Eric J. Miller |
Republican, Rebellious Reparations |
63 Howard Law Journal 363 (Spring, 2020) |
Reparations is, at its core, a form of resistance to oppression. Resistance to oppression takes many forms: one of them is the activity of calling out wrongdoing. Reparations is the activity of calling out one particular form of wrongdoing: the transgenerational subordination of some group --in the case I am interested in, African Americans who are... |
2020 |
| Harte Brick |
Rethinking Asthma Treatment for African American Children: a Change in Reimbursement |
29 Annals of Health Law Advance Directive 101 (Spring, 2020) |
In the United States, asthma is the leading chronic illness among children. The Centers for Disease Control and Prevention (CDC) estimates that one in twelve children have asthma. Within the pediatric population, the highest prevalent rate is among five to fourteen year-olds with 9.7% of children affected by asthma. Children with this chronic lung... |
2020 |
| Tala Doumani , Jamil Dakwar |
Rubber Bullets and the Black Lives Matter Protests |
24 No. 2 Human Rights Brief 77 (Winter 2020) |
Linda Tirado, a freelance photographer and activist, drove to Minneapolis from Nashville to photograph the protests that had erupted on May 26, 2020. She had just taken a photo and lowered her camera when she felt her face explode. Screaming I'm press! I'm press! Linda had been shot in the left eye by a rubber bullet. After being rushed into... |
2020 |
| Judge Willie J. Epps Jr. , Jonathan M. Warren |
Sheroes: the Struggles of Black Suffragists |
59 No. 3 Judges' Journal 10 (Summer, 2020) |
Women of color received a raw deal on voting rights. One hundred years ago, the Nineteenth Amendment explicitly recognized that the right to vote could not be denied to any citizen on account of sex with one implicit omission: women of color. In fact, not only could most women of color not vote, but they were generally excluded or minimized by... |
2020 |
| S. Thomas Perry |
Slavery, Jim Crow, and Mass Incarceration: Could the Thirteenth Amendment Hold the Key to Racial Equity in Criminal Justice? |
88 George Washington Law Review Arguendo 225 (December, 2020) |
The United States incarcerates people at a higher rate than any other country on Earth. Within the U.S., Black people--particularly at the state level--are incarcerated at disproportionately high rates relative to the total population, the rate at which white people are incarcerated, and crime rates overall. Consequently, Black Americans also... |
2020 |
| Russell L. Jones |
Stop-and-frisk: its Effect on African American Communities--a Tale of Three Cities |
45 University of Dayton Law Review 357 (Summer, 2020) |
I. Introduction. 358 II. Uncontrollable Abuse of the Terry Decision. 360 III. Stop-and-Frisk Increases as Violent Crimes Rise. 361 A. New York City. 362 The Aftermath of Floyd. 366 B. Philadelphia. 368 Bailey et al. v. The City of Philadelphia. 369 The Aftermath of the Bailey Consent Agreement. 371 C. Chicago. 374 IV. The Backlash of Post-Terry... |
2020 |
| Gelsey G. Beaubrun |
Talking Black: Destigmatizing Black English and Funding Bi-dialectal Education Programs |
10 Columbia Journal of Race and Law 196 (2020) |
During colonial and antebellum American history, slaveholding states enacted anti-literacy laws that prohibited teaching enslaved people how to read or write. Later iterations of these laws criminalized the education of African Americans--enslaved or free--in response to conspiracies and insurrections led by literate enslaved and free African... |
2020 |
| Rebecca Bratspies |
'Territory Is Everything': Afro-colombian Communities, Human Rights and Illegal Land Grabs |
4 Columbia Human Rights Law Review Online 290 (5/27/2020) |
In Colombia, the struggle over land rights often pits the cultural and economic interests of indigenous and marginalized peoples against the governments that are supposed to protect their rights under law. Rural Afro-Colombian women seeking to vindicate their land rights find themselves at the mercy of multiple vectors of discrimination: they are... |
2020 |
| |
Testing Black's Theory of Law on Speeding Violation Citations in a Southern Suburban Community |
52 Criminal Law Bulletin 2 (NoDate) |
The University of Texas at Tyler. |
2020 |