| Author | Title | Citation | Summary | Year |
| Jordan M. Jennings |
The Disappearing Act: How to Prevent the Decline of Black Farmers in the United States |
12 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 325 (2019-2020) |
Tensions between the United States, China, Mexico, and Canada have placed U.S. farmers in a difficult position. The Trump administration's restrictions on trade will likely have considerable implications for the United States' agricultural industry. The tariffs center on the exports of soy, wheat, corn, and other crops, and would potentially total... |
2020 |
| Pamuela Halliwell, LMFT |
The Dying Black Transgender Woman: Sight Unseen #Saytheirnames |
42 Thomas Jefferson Law Review 6 (Spring, 2020) |
INTRODUCTION. 7 I. THE FOUNDATION BEHIND VIOLENCE UPON BLACK TRANS WOMEN. 9 A. Transgender Women Lives Lost as a Result of Unequal Rights and Protections: Misgendering by Law Enforcement & The Media. 9 B. Factors leading to Anti-transgender Stigma and Increased Violence. 14 II. CURRENT ADMINISTRATION VIEWING BLACK TRANSGENDER WOMEN'S LIVES AS LESS... |
2020 |
| Landon Myers |
The Gray Area: Exploring the Black-white Binary's Exploitation of the Multi-racial Identity |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 61 (Spring, 2020) |
C1-2Table of Contents Introduction. 61 I. A Lesson in History: The Black-White Binary. 62 II. The State's Exploitation of the Multi-Racial Identity. 65 III. Struggling to Simultaneously Identify as Multi-Racial and Equitably Access the Law. 66 A. Multi-Racial Individuals' Interest in Self-Identification. 67 B. The Insufficiency of the Current Equal... |
2020 |
| Mei Tsang , Eemaan Jalili , Richard J. McNeil |
The Long Journey: Perspectives of Black Attorneys in Orange County |
62-AUG Orange County Lawyer 28 (August, 2020) |
The most recent Black Lives Matter movement has highlighted the challenges of a community that has suffered a history of strife and obstacles. In light of this painful but very real issue, a few of our Black Orange County legal community members have agreed to share their experiences and thoughts on their experiences and recent incidents. We hope... |
2020 |
| Chaz Rotenberg |
The Path less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown |
47 Fordham Urban Law Journal 1173 (June, 2020) |
Introduction. 1174 I. A History of the Afrocentric School Movement. 1178 A. The Rise, Fall, and Reemergence of Afrocentric Schools Nationwide. 1178 i. Other Centric Schools. 1181 ii. Education Inequality in the United States. 1182 B. Afrocentric Schools in New York City. 1184 i. Rampant Inequality and Segregation in New York City Schools. 1184... |
2020 |
| Brett Bertucio, Doctoral Candidate, School of Education, University of Wisconsin-Madison |
The Political Theology of Justice Hugo Black |
35 Journal of Law and Religion 79 (April, 2020) |
Associate Justice Hugo Black is often considered one of the giants of twentieth-century American religion clause jurisprudence. Especially regarding the Establishment Clause, Black sought to leave his mark on precedent. Previous biographers and legal scholars have noted the influence of his own religious convictions on his legal reasoning. I extend... |
2020 |
| Jack Davis |
The Public Use of Reparations: How Land-based Reparations Can Satisfy the Public Use Requirement of the Takings Clause |
104 Minnesota Law Review 2105 (April, 2020) |
Emancipation, one of our nation's boldest and most morally profound acts, rested upon the hope that a dramatic reconception of property would take root. Almost four million African Americans gained the rights and remedies of personhood, no longer to be property. This transformation also carried with it one of our nation's most enduring property... |
2020 |
| Patricia M. Muhammad |
The U.s. Reparations Debate: Where Do We Go from Here? |
44 Harbinger 43 (2/5/2020) |
A few years ago, I watched a news segment in which Representative Conyers discussed HR 40, a bill that proposes to study the vestiges of slavery and the disparate impact that poverty and institutionalized discrimination has on those considered part of the African Diaspora. Since his resignation (tendered in the wake of sexual harassment... |
2020 |
| Paul W. Mollica |
The Unfinished Mission of Title Vii: Black Parity in the American Workforce |
23 Journal of Gender, Race and Justice 139 (Spring, 2020) |
The construct of Title VII as a law primarily redressing intentional discrimination only first became established with the Supreme Court's 1977 decision, International Brotherhood of Teamsters v. United States, 431 U.S. 324 (1977). But before that, both in its history and subsequent judicial construction, Title VII was conceived no less as economic... |
2020 |
| |
To Be Female, Black, Incarcerated, and Infected with Hiv/aids: a Socio-legal Analysis |
41 Criminal Law Bulletin 3 (NoDate) |
Assistant Professor at John Jay College of Criminal Justice, City University of New York; and Executive Director of The Law and Policy Group, Inc. Professor Browne-Marshall has written extensively in the area of minority group protections under constitutional and international law. |
2020 |
| Jessica M. Hadley |
Transracial Adoptions in America: an Analysis of the Role of Racial Identity among Black Adoptees and the Benefits of Reconceptualizing Success Within Adoptions |
26 William and Mary Journal of Race, Gender, and Social Justice 689 (Spring, 2020) |
Introduction I. The History of Transracial Adoption in the United States A. The Emergence of Federal Laws Promoting Transracial Adoptions B. The Extent of Race Consideration in Adoption II. Criticisms of the Methodology of the Early Studies A. The Problematic Nature of Using Personal Self-Esteem as an Indicator of Positive Racial Identity B. The... |
2020 |
| J.M. Kirby, René Urueña |
Understanding Threats Against Afro-descendant Women Human Rights Defenders: Re-envisioning Security |
4 Columbia Human Rights Law Review Online 324 (11/20/2020) |
Colombia has the highest rate of assassinations of human rights defenders in Latin America, and women defending Afro-descendant and Indigenous territories are particularly at risk. Threatened Afro-descendant women defenders observe that the wave of violence against them, including femicide and rape, is designed to silence them, control their... |
2020 |
| Lucius T. Outlaw III |
Unsecured (Black) Bodies: How Baltimore Foreshadows the Dangers of Racially Targeted Dragnet Policing Let Loose by Utah V. Strieff |
50 New Mexico Law Review 25 (Winter, 2020) |
The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights. With this sentence, Justice Sonia Sotomayor unleashes a fierce admonishment of the majority opinion (drafted by Justice Clarence Thomas) in Utah v. Strieff and the majority's lack of... |
2020 |
| Alexis Hoag |
Valuing Black Lives: a Case for Ending the Death Penalty |
51 Columbia Human Rights Law Review 983 (Spring, 2020) |
Since Furman v. Georgia, capital punishment jurisprudence has equipped decisionmakers with increased structure, guidance, and narrowing in death sentencing in an effort to eliminate the arbitrary imposition of death. Yet, these efforts have been largely unsuccessful given the wide discretion built into capital sentencing which allows for prejudice,... |
2020 |
| Robert J. Miller |
Virginia's First Slaves: Indigenous Peoples |
10 Wake Forest Journal of Law and Policy 195 (March, 2020) |
[M]an has dominated man to his injury. [I]nvade, search out, capture, vanquish, and subdue all Saracens [Muslims] and pagans whatsoever, and other enemies of Christ . [and] reduce their persons to perpetual slavery . convert them to . use and profit. Pope Nicholas V, Jan. 8, 1455 An inhuman practice once prevailed in this country of making... |
2020 |
| Ra'Mon Jones |
What the Hair: Employment Discrimination Against Black People Based on Hairstyles |
36 Harvard Blackletter Law Journal 27 (Spring, 2020) |
When you see a person with an afro, braids, dreadlocks (locs), or any other popular natural hairstyle, do you think of them as unprofessional or unemployable? Apparently, many employers do. Black men and women who don their natural tresses, either wooly and full, in intricate twists or braids, or in velvet-ropy locs often receive bold and awkward... |
2020 |
| Aaron Chou |
What's in the "Black Box"? Balancing Financial Inclusion and Privacy in Digital Consumer Lending |
69 Duke Law Journal 1183 (February, 2020) |
The availability of credit is a foundation of the American economy, but not everyone has an avenue to credit. Financial Technology (FinTech) lending plays a sizable role in providing these avenues for Americans who would not otherwise have access to loans and are forced to turn to high-cost loan instruments like payday lending. Most scholars who... |
2020 |
| Lolita Buckner Inniss |
While the Water Is Stirring: Sojourner Truth as Proto-agonist in the Fight for (Black) Women's Rights |
100 Boston University Law Review 1637 (October, 2020) |
This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... |
2020 |
| Deborah N. Archer |
White Men's Roads Through Black Men's Homes: Advancing Racial Equity Through Highway Reconstruction |
73 Vanderbilt Law Review 1259 (October, 2020) |
Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation's interstate highway system. In states around the country, highway construction displaced Black households and... |
2020 |
| Kori Cooper |
Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs |
120 Columbia Law Review Forum 250 (11/20/2020) |
Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... |
2020 |
| Amber Simmons |
Why Are We So Mad? The Truth Behind "Angry" Black Women and Their Legal Invisibility as Victims of Domestic Violence |
36 Harvard Blackletter Law Journal 47 (Spring, 2020) |
When I say I am a Black feminist, I mean I recognize that my power as well as my primary oppressions come as a result of my Blackness as well as my womanness, and therefore my struggles on both of these fronts are inseparable. --Audre Lorde, Self-described Black feminist, lesbian, poet, mother, warrior Janay Palmer and Ray Rice met in typical... |
2020 |
| Ambria D. Mahomes |
You Should Have Said Something: Exploring the Ways That History, Implicit Bias, and Stereotypes Inform the Current Trends of Black Women Dying in Childbirth |
55 University of San Francisco Law Review 17 (2020) |
ON SEPTEMBER 1, 2017, TENNIS SUPERSTAR Serena Williams gave birth to her first child, a daughter, Alexis Olympia Ohanian Jr. The day after giving birth, she had trouble breathing so she assumed she was having a pulmonary embolism. She alerted a nurse, but the nurse suggested that perhaps her pain medication had left her confused. Ms. Williams knew... |
2020 |
| Fred L. Borch III |
A Brief History of African Americans in the Jag Corps |
2019-5 Army Lawyer 10 (2019) |
While African Americans have fought in every major American conflict except the Mexican-American War, widespread racial prejudice in U.S. society meant that African Americans served in segregated units in the Army until the Korean War. Given this history, it comes as no surprise that opportunities for African Americans to serve as officers in The... |
2019 |
| Daniel P. Mears , Patricia Y. Warren , Ashley N. Arnio , Eric A. Stewart , Miltonette O. Craig |
A Legacy of Lynchings: Perceived Black Criminal Threat among Whites |
53 Law and Society Review 487 (June, 2019) |
This article examines the legacy of lynchings on contemporary whites' views of blacks as criminal threats. To this end, it draws on prior literature on racial animus to demonstrate the sustained influence of lynching on contemporary America. We hypothesize that one long-standing legacy of lynchings is its influence in shaping views about blacks as... |
2019 |
| Patrisse Cullors |
Abolition and Reparations: Histories of Resistance, Transformative Justice, and Accountability |
132 Harvard Law Review 1684 (April, 2019) |
The historical context of abolition is minimally understood, either in today's social movements or in U.S. society more broadly. For our political strategies and struggles against racism, patriarchy, and capitalism to be effective, we must deeply ground ourselves in an abolitionist vision and praxis. The combination of theory and practice takes... |
2019 |
| Janel George |
African Americans' Pursuit of Equal Educational Opportunity in the United States |
44 Human Rights 11 (2019) |
Education has long been recognized as a mechanism for upward social mobility and full citizenship in American society, which is in large part why Africans enslaved in America were denied access to education--particularly reading instruction--during the slave era of the eighteenth and nineteenth centuries. Many slave owners feared that if enslaved... |
2019 |
| Brandon Jett, Florida South Western State College |
Anders Walker, the Burning House: Jim Crow and the Making of Modern America, New Haven, Ct: Yale University Press, 2018. Pp. 304. $30.00 Hardcover (Isbn 9780300223989) |
37 Law and History Review 983 (November, 2019) |
In The Burning House: Jim Crow and the Making of Modern America, Anders Walker, a law professor at Saint Louis University, makes a unique and controversial argument regarding the effects of Jim Crow on modern America. Although Walker does not downplay the violence and inequality that resulted from segregation and disenfranchisement, he also claims... |
2019 |
| Benjamin Zinkel |
Apartheid and Jim Crow: Drawing Lessons from South Africa's Truth and Reconciliation |
2019 Journal of Dispute Resolution 229 (Fall, 2019) |
South Africa and the United States are separated geographically, ethnically, and culturally. On the surface, these two nations appear very different. Both nations are separated by nearly 9,000 miles, South Africa is a new democracy, while the United States was established over two hundred years ago, the two nations have very different climates, and... |
2019 |
| Giuliana Perrone |
Back into the Days of Slavery: Freedom, Citizenship, and the Black Family in the Reconstruction-era Courtroom |
37 Law and History Review 125 (February, 2019) |
On July 15, 1867, Daniel Allen achieved what had previously been impossible for him: he became a real property owner. Although once considered property himself, Daniel had enlisted in the Union Army and become a free man. Daniel paid John Henry Stahel $105, perhaps from his soldier's pay, for lot no. 148 of Bruce's addition to the city of... |
2019 |
| Jennifer Jones |
Bakke at 40: Remedying Black Health Disparities Through Affirmative Action in Medical School Admissions |
66 UCLA Law Review 522 (March, 2019) |
Forty years after the landmark Supreme Court decision in U.C. Regents v. Bakke, medical schools remain predominantly white institutions. In Bakke, Justice Powell infamously rejected the concept of societal discrimination, which was offered as a justification for the U.C. Davis medical school's race-conscious admissions program, as an amorphous... |
2019 |
| Jennifer Stocker |
Ban the Black Box: Criminal Background Screening and the Information-withholding Problem |
96 Washington University Law Review 859 (2019) |
Beverly Harrison worked for the city of Dallas, Texas, for twenty-eight years before she retired to devote more time to her grandchildren and her church. In 2013, Harrison took a job as a crossing guard for Dallas County Schools to supplement her retirement income. Eight days into her new role, Harrison was terminated. The cause? A nearly... |
2019 |
| Dustin Rynders |
Battling Implicit Bias in the Idea to Advocate for African American Students with Disabilities |
35 Touro Law Review 461 (2019) |
The disproportionate representation, discipline, and restrictive placement of African American students in special education is an urgent problem and a hotly contested issue. Currently, African American students are overrepresented in special education when compared to their white peers. African American students are also disciplined at higher... |
2019 |
| Tracey Maclin |
Black and Blue Encounters - Some Preliminary Thoughts about Fourth Amendment Seizures: Should Race Matter? |
53 Valparaiso University Law Review 1045 (Summer, 2019) |
Two years ago, a provocative assertion appeared in the editorial pages of the New York Times. It read: The black American finds that the most prominent reminder of his second-class citizenship are the police. The author of this sentence, Don Jackson, knew what he was talking about because he is a former police officer, who also happened to be a... |
2019 |
| Roza E. Patterson |
Black Bodies Drowning in the Mediterranean Sea: Why Does the World Not Care? |
23 UCLA Journal of International Law and Foreign Affairs 183 (Spring, 2019) |
In November 2014, Pope Francis urged European leaders to stop the Mediterranean Sea from becoming a vast cemetery for migrants. Known for its crystal-clear blue water, beautiful sunsets, and top vacation destinations, calling the Mediterranean Sea a cemetery seemed rather paradoxical. However, this sea has, in fact, become the graveyard for... |
2019 |
| Karen E. Bravo |
Black Interests in Slaveries |
53 Valparaiso University Law Review 605 (Spring, 2019) |
In the last few decades, the world woke up to the persistence of the traffic in human beings, a severe form of human exploitation. The use of slavery to designate the traffic, and other severe forms of contemporary exploitation, evokes and invokes the 400-year-long traffic of Africans across the Atlantic and their enslavement in the New World.... |
2019 |
| David B. McNamee |
Black Lives Matter as a Claim of Fundamental Law |
14 University of Massachusetts Law Review 2 (Winter, 2019) |
In this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution--a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and... |
2019 |
| Jane Kim |
Black Reparations for Twentieth Century Federal Housing Discrimination: the Construction of White Wealth and the Effects of Denied Black Homeownership |
29 Boston University Public Interest Law Journal 135 (Winter 2019) |
Introduction. 135 I. Twentieth Century Federal Housing Discrimination in America: The Government's Construction of White Property and White Wealth. 138 A. The Federal Construction of Neighborhood and Property Ratings: Racist Redlining is Born. 140 B. Racial Exclusion from Government-Subsidized and Government-Insured Loans, Investment, and... |
2019 |
| Jennifer L. Thurston |
Black Robes, White Judges: the Lack of Diversity on the Magistrate Judge Bench |
82 Law and Contemporary Problems 63 (2019) |
The federal judicial system is made up of two types of judges: those created by Article III of the United States Constitution and those created through the power of Congress under Article I. The demographic makeup of these bodies is curious. For decades--indeed, for nearly the first 200 years of its existence--the federal bench was made up of white... |
2019 |
| Nina W. Chernoff |
Black to the Future: the State Action Doctrine and the White Jury |
58 Washburn Law Journal 103 (Winter, 2019) |
In 1967, Charles L. Black described the state action problem as the most important problem in American law. In 2019, racial inequality is one of the most critical problems in the American criminal justice system. This article demonstrates that Black's critique of state action doctrine applies with equal force to modern courts' analysis of... |
2019 |
| Anthony V. Alfieri |
Black, Poor, and Gone: Civil Rights Law's Inner-city Crisis |
54 Harvard Civil Rights-Civil Liberties Law Review 629 (Summer, 2019) |
In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call.... |
2019 |
| Hannah Noll-Wilensky |
Black-market Adoptions in Tennessee: a Call for Reparations |
30 Hastings Women's Law Journal 287 (Summer, 2019) |
Today, adoption is a widely celebrated, well-established method of creating a family and providing children in need with loving homes. However, in the early twentieth century, adoptable children were considered undesirable and many child welfare professionals advised would-be parents to avoid adoption altogether. One woman, the director of the... |
2019 |
| Kevin D. Brown |
Brown at 65: How Does the Changing Racial and Ethnic Ancestry of Blacks Impact the Interpretation of School Desegregation |
11 Alabama Civil Rights & Civil Liberties Law Review Rev. 1 (2019) |
Introduction. 2 I. Rise and Fall of School Desegregation. 7 A. The Rise of School Desegregation. 7 B. The Fall of School Desegregation. 11 II. Changing Racial Ancestry of Blacks in the United States and Why It Matters in Terms of School Desegregation. 16 A. Increases in Interracial Marriage Rates. 18 B. Demise of the One-Drop Rule and the... |
2019 |
| Chief U.S. Magistrate Judge Karen Wells Roby |
Celebrating Diversity in Law: Tulane Law School Celebrates 50 Years of Graduating Black Lawyers |
67 Louisiana Bar Journal 20 (June/July, 2019) |
Tulane Law School began graduating African-American students in 1968 during a time when the civil rights movement began and tensions were high. It was the same year that Martin Luther King, Jr. was assassinated in Memphis. Richard Nixon had been elected president and the Vietnam War was in full force. Against this backdrop of tumultuous times in... |
2019 |
| Kenzo K. Sung , Ayana Allen-Handy |
Contradictory Origins and Racializing Legacy of the 1968 Bilingual Education Act: Urban Schooling, Anti-blackness, and Oakland's 1996 Black English Language Education Resolution |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 44 (Spring, 2019) |
On December 18, 1996, Oakland, California's school board unanimously passed a resolution recognizing Ebonics as an official language and resolving that the federal Bilingual Education Act's mandates thus applied to imparting instruction to African American students in their primary language. While rightly referencing decades of linguistic... |
2019 |
| Shirley Lung |
Criminalizing Work and Non-work: the Disciplining of Immigrant and African American Workers |
14 University of Massachusetts Law Review 290 (Spring, 2019) |
The realities of low-wage work in the United States challenge our basic notions of freedom and equality. Many low-wage workers share the condition of being stuck in jobs toiling excessive hours against their will for less than poverty wages in autocratic workplaces. Yet the racial politics of immigration and labor are often used to stir hostility... |
2019 |
| Meagan Docherty, Jordan Beardslee, Kevin J. Grimm, Dustin Pardini , Arizona State University |
Distinguishing Between-individual from Within-individual Predictors of Gun Carrying among Black and White Males Across Adolescence |
43 Law and Human Behavior 144 (April, 2019) |
Longitudinal studies have found that male adolescents who deal drugs, associate with delinquent peers, and engage in aggressive behavior are at increased risk for carrying a gun (between-individual risks). However, it is unclear whether changes in these risk factors help to explain fluctuations in youth gun carrying across adolescence... |
2019 |
| Fanta Freeman |
Do I Look like I Have an Attitude? How Stereotypes of Black Women on Television Adversely Impact Black Female Defendants Through the Implicit Bias of Jurors |
11 Drexel Law Review 651 (2019) |
Do you watch television? What kind of shows do you watch on a weekly basis? Do any of the shows you watch have black female characters? If so, how are the women portrayed? It is not typical for these questions to be asked during voir dire. Yet these questions may be imperative to identify jurors who may be biased toward black female defendants as... |
2019 |
| Kristin O'Brassill-Kulfan, kristin.obrassillkulfan@rutgers.edu, doi:10.1093/ajlh/njz016, Advance Access Publication Date: 4 August 2019 |
Elizabeth Stordeur Pryor, Colored Travelers: Mobility and the Fight for Citizenship Before the Civil War (University of North Carolina Press, 2016). 240 Pp. $34.95 (Hardback). Isbn: 978-1-4696-2857-8 |
59 American Journal of Legal History 406 (September, 2019) |
Elizabeth Stordeur Pryor's Colored Travelers: Mobility and the Fight for Citizenship before the Civil War is a devoted meditation on the motives for, experiences of, opposition to, and barriers blocking the geographical mobility of people of color in the antebellum United States. Pryor expertly weaves the legal history of travel by African... |
2019 |
| William A. Engelhart |
Equality at the Cemetery Gates: Study of an African American Burial Ground |
25 Michigan Journal of Race and Law 1 (Fall, 2019) |
In Charlottesville, Virginia, the University Cemetery serves as the final resting place of many of the most prominent community members of the University of Virginia. In 2011, the University planned an expansion. During archaeological research to this end, sixty-seven previously unidentified interments, in both adult and child-sized grave shafts,... |
2019 |
| Jessica A. Schoenherr , Ryan C. Black |
Friends with Benefits: Case Significance, Amicus Curiae, and Agenda Setting on the U.s. Supreme Court |
58 International Review of Law & Economics 43 (June, 2019) |
Article history: Received 31 August 2018 Received in revised form 19 November 2018 Accepted 18 December 2018 Available online 19 December 2018 The Supreme Court enjoys nearly complete discretion when it makes its initial agenda-setting decisions. In 1988, Greg Caldeira and John Wright published an important study that showed amicus curiae briefs... |
2019 |