| Author | Title | Citation | Summary | Year |
| Ric Simmons |
RACE AND REASONABLE SUSPICION |
73 Florida Law Review 413 (March, 2021) |
The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... |
2021 |
| Asad Rahim |
RACE AS UNINTELLECTUAL |
68 UCLA Law Review 632 (October, 2021) |
For the past forty years, efforts to racially integrate the nation's most selective universities have coalesced around a central idea: underrepresented racial minorities have unique perspectives, and universities are unable to provide the highest quality of education without incorporating those perspectives into their campus community. When... |
2021 |
| Yuvraj Joshi |
RACIAL TRANSITION |
98 Washington University Law Review 1181 (2021) |
The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... |
2021 |
| Vinay Harpalani |
RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS |
37 Georgia State University Law Review 1361 (Summer, 2021) |
This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... |
2021 |
| Matiangai Sirleaf |
RACIAL VALUATION OF DISEASES |
67 UCLA Law Review 1820 (April, 2021) |
Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... |
2021 |
| Dr. Ying Chen |
REGULATING CYBER RACISM IN THE UNITED STATES: LEGAL AND NON-LEGAL RESPONSES FROM A COMPARATIVE PERSPECTIVE |
38 Wisconsin International Law Journal 477 (Summer, 2021) |
The global outbreak of COVID-19 in 2020 unleashed virulent xenophobia and a tide of racial hatred. There have been increasing reports of racist hostility in the digital environment. Former President Trump's racist remarks on social media platforms allowed these divides to resurface in the United States. Racial hostility in the virtual world has... |
2021 |
| Philip Lee |
REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS |
70 Emory Law Journal 1475 (2021) |
Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... |
2021 |
| |
RIGHT TO A JURY TRIAL |
50 Georgetown Law Journal Annual Review of Criminal Procedure 651 (2021) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2021 |
| John G. Browning |
RIGHTING PAST WRONGS: POSTHUMOUS BAR ADMISSIONS AND THE QUEST FOR RACIAL JUSTICE |
21 Berkeley Journal of African-American Law & Policy 1 (2021) |
Introduction. 1 I. Takuji Yamashita. 4 II. George Vashon. 9 III. Hong Yen Chang. 14 IV. Sei Fujii. 21 V. William Herbert Johnson. 25 VI. J.H. Williams, And More Stories To Be Told. 28 Conclusion. 34 Appendix A. 37 Appendix B. 38 Appendix C. 41 Appendix D. 42 |
2021 |
| Osamudia James |
RISKY EDUCATION |
89 George Washington Law Review 667 (May, 2021) |
Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state's abdication of responsibility for public education, particularly against a backdrop of rising economic and social insecurity... |
2021 |
| Preston C. Green III , Bruce D. Baker , Joseph O. Oluwole |
SCHOOL FINANCE, RACE, AND REPARATIONS |
27 Washington and Lee Journal of Civil Rights and Social Justice 483 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 484 II. Part I: Separate-But-Equal Era. 486 III. Part II: Black-White School Funding Disparities in the Aftermath of Brown. 490 A. Property Taxes. 491 B. Insufficient General State Aid. 494 C. Stealth Inequalities. 495 IV. Part III: School Desegregation Litigation. 496 A. Hobson v. Hansen. 497 B. Milliken v.... |
2021 |
| Deseriee Kennedy |
SEEKING ECONOMIC JUSTICE IN THE FACE OF ENDURING RACISM |
33 Loyola Consumer Law Review 339 (2021) |
In 1967, Dr. Martin Luther King, Jr. gave a speech to Stanford University students about economic injustice titled The Other America. In that speech, Dr. Martin Luther King, Jr. stated that there are literally two Americas. One America is beautiful . in this America millions of young people grow up in the sunlight of opportunity. But tragically... |
2021 |
| Andrea Freeman |
SKIMMED REVISITED |
57 California Western Law Review 331 (Spring, 2021) |
I did not get the chance to visit Reidsville, North Carolina, until after I submitted the last edits on Skimmed. Within minutes of setting foot in the town, I understood how such a terrible thing could have happened to the Fultz sisters there, in their birthplace. My first stop was Annie Penn Memorial Hospital (now Cone Health), where Annie Mae... |
2021 |
| Mark R. Killenbeck |
SOBER SECOND THOUGHT? KOREMATSU RECONSIDERED |
74 Arkansas Law Review 151 (2021) |
How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer's caution about decisions that have harm[ed] not just the Court, but the Nation. Part of an Anticanon, resting on little more than naked racism and associated hokum and... |
2021 |
| Liane Jackson |
TARGETING HATE |
107-JUL ABA Journal 9 (June/July, 2021) |
Intersection is a column that explores issues of race, gender and law across America's criminal and social justice landscape. The rise in hate crimes against Asian Americans in recent years shouldn't come as a shock. A long history of discrimination and racial prejudice piled the kindle; incendiary political rhetoric lit the fire. So now, in the... |
2021 |
| Bridget J. Crawford , Wendy C. Gerzog |
TAX BENEFITS, HIGHER EDUCATION, AND RACE: A GIFT TAX PROPOSAL FOR DIRECT TUITION PAYMENTS |
72 South Carolina Law Review 783 (Spring, 2021) |
I. Introduction. 784 II. Higher Education Costs. 791 A. Tuition and Fees. 791 B. Student Debt and Loan Repayment. 792 III. Tax Benefits for Higher Education. 794 A. Overview of Income Tax Benefits. 794 B. Overview of Wealth Transfer Tax Benefits. 796 C. Tax Expenditures for Education. 799 IV. Aproposal to Eliminate Tax Benefits for Direct Payments... |
2021 |
| Mekonnen Firew Ayano |
TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET |
28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) |
Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... |
2021 |
| Eddie Bernice Johnson , Lawrence J. Trautman |
THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA |
48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) |
During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... |
2021 |
| Yong-Shik Lee |
THE LAST CALL FOR CIVIL RIGHTS: TOWARD ECONOMIC EQUALITY |
37 Georgia State University Law Review 1265 (Summer, 2021) |
Over six decades have passed since the civil rights movement began in the mid-1950s, but American society has not yet fully realized the promise of the civil rights movement, which at its core embodies the protection and promotion of equity and dignity of all people. Despite the historic improvements that accord the legal protection of equal rights... |
2021 |
| David E. Bernstein |
THE MODERN AMERICAN LAW OF RACE |
94 Southern California Law Review 171 (January, 2021) |
C1-2TABLE OF CONTENTS INTRODUCTION. 172 I. THE MODERN HISTORY OF FEDERAL RACIAL AND ETHNIC CATEGORIES. 187 A. Pre-1964: Official Minority Categories Emerge. 187 B. The 1964 Civil Rights Act and its Aftermath. 190 C. The Nixon Administration: The Philadelphia Plan, the Small Business Administration, the Interagency Commission, and the Origins of the... |
2021 |
| Mark Anthony Frassetto |
THE NONRACIST AND ANTIRACIST HISTORY OF FIREARMS PUBLIC CARRY REGULATION |
74 SMU Law Review Forum 169 (October, 2021) |
This term, the Supreme Court will consider New York State Rifle & Pistol Ass'n v. Bruen, a Second Amendment challenge to New York State's concealed carry weapon licensing system. Bruen is the first major Second Amendment case that the Court will decide on the merits in more than a decade. Briefing by the plaintiffs and gun rights scholars has in... |
2021 |
| Ming Hsu Chen |
THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN THE CENSUS |
96 New York University Law Review 901 (October, 2021) |
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants' rights but based on their rights as current and future... |
2021 |
| Ming H. Chen , Hunter Knapp |
THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN VOTING |
92 University of Colorado Law Review 715 (Summer, 2021) |
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of... |
2021 |
| Ciara Torres-Spelliscy |
THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 |
96 New York University Law Review 1214 (October, 2021) |
In this piece, I examine the political branding of Asian immigrants by comparing the rhetoric used in the political platforms of the Democratic and Republican parties from 1876 to 1924 to the language deployed in U.S. Supreme Court opinions during the same time period. The negative verbiage repeated at national political conventions branded the... |
2021 |
| John D. Bessler |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
61 Santa Clara Law Review 467 (2021) |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
2021 |
| Angela Onwuachi-Willig |
THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? |
58 Houston Law Review 817 (Symposium, 2021) |
The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... |
2021 |
| Michele Goodwin , Erwin Chemerinsky |
THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 |
169 University of Pennsylvania Law Review 313 (January, 2021) |
Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... |
2021 |
| Eric L. Muller |
THERE WAS NOTHING "NEUTRAL" ABOUT EXECUTIVE ORDER 9066 |
74 Arkansas Law Review 297 (2021) |
There is no more appropriate place to discuss the Japanese American cases of World War II than in the pages of the Arkansas Law Review. This is not only because Arkansas was the only state outside the Western Defense Command to host not one but two of the War Relocation Authority's (WRA) concentration camps for Japanese Americans. It is because one... |
2021 |
| Robin Walker Sterling |
THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT |
120 Michigan Law Review 451 (December, 2021) |
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social... |
2021 |
| Samantha Brown |
TIKTOK: TIME TO EXPAND THE EQUAL PROTECTION CLAUSE |
62 Jurimetrics Journal 49 (Fall, 2021) |
Anti-Asian sentiment in the United States increased during the COVID-19 pandemic. The Trump administration used this change in public opinion to justify taking aggressive action against China and Chinese companies. For example, then President Donald J. Trump extended the United States' tough stance on China to technology issues, as... |
2021 |
| Monika Batra Kashyap |
TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS |
26 Michigan Journal of Race and Law 87 (Winter, 2021) |
C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... |
2021 |
| Dr. Vicki Huang |
TRADEMARKS, RACE AND SLUR-APPROPRIATION: AN INTERDISCIPLINARY AND EMPIRICAL STUDY |
2021 University of Illinois Law Review 1605 (2021) |
The Supreme Court decision in Matal v. Tam sparked global controversy by striking down the proscriptions against registering racist slurs as trademarks. This Article investigates the impact of the case in two ways. First, by using scholarship from the social sciences, this Article examines the limits to the argument that racial slur-appropriation... |
2021 |
| Kelsey Scarlett, Lexi Weyrick |
TRANSFORMING THE FOCUS: AN INTERSECTIONAL LENS IN SCHOOL RESPONSE TO SEX DISCRIMINATION |
57 California Western Law Review 391 (Spring, 2021) |
Intersectionality refers to the reality that a person's different identities (such as race, gender, and class, among others) exist simultaneously and when taken as a whole are what inform the discrimination they face. When Title IX, a law prohibiting sex discrimination in educational settings, was first passed by Congress in 1972, the only identity... |
2021 |
| Deborah N. Archer |
TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES |
30 Journal of Affordable Housing & Community Development Law 253 (2021) |
Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... |
2021 |
| Deborah N. Archer |
TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES |
106 Iowa Law Review 2125 (July, 2021) |
Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... |
2021 |
| Matthew Bender |
UNMUTED: SOLUTIONS TO SAFEGUARD CONSTITUTIONAL RIGHTS IN VIRTUAL COURTROOMS AND HOW TECHNOLOGY CAN EXPAND ACCESS TO QUALITY COUNSEL AND TRANSPARENCY IN THE CRIMINAL JUSTICE SYSTEM |
66 Villanova Law Review 1 (2021) |
A defendant's fundamental right to a public trial, and the press and community's separate right to watch court, has been threatened by the shift to virtual hearings. These independent constitutional rights can be in harmony in some cases and clash in others. They cannot be incompatible. Public interest in criminal justice transparency is... |
2021 |
| |
VI. PRISONERS' RIGHTS |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
2021 |
| G. Alex Sinha |
VIRTUOUS LAW-BREAKING |
13 Washington University Jurisprudence Review 199 (2021) |
A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... |
2021 |
| Rebecca Sharpless |
VIRUS AS FOREIGN INVADER: U.S. VOTERS & THE IMMIGRATION DEBATE |
75 University of Miami Law Review 547 (Winter, 2021) |
Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held... |
2021 |
| Terry Ao Minnis |
VOTING IS A UNIVERSAL LANGUAGE: ENSURING THE FRANCHISE FOR THE GROWING LANGUAGE MINORITY COMMUNITY IN MINNESOTA |
105 Minnesota Law Review 2597 (June, 2021) |
Minnesota has long held a reputation for being proactively prodemocratic and on the cutting edge of breaking down barriers to the ballot box and making voting more accessible. According to MIT Election Data and Science Lab's Election Performance Index, an objective measure that comprehensively assesses how election administration functions in each... |
2021 |
| Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson |
WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 |
55 Law and Society Review 227 (June, 2021) |
White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... |
2021 |
| Meera E. Deo |
WHY BIPOC FAILS |
107 Virginia Law Review Online 115 (June, 2021) |
Racial tensions have been endemic to the U.S. since its founding. In 2020, this racial conflict bubbled over into the streets as those supporting Black Lives Matter and opposing a long history of racist police violence congregated to demand justice. Last year and still now, the global pandemic has placed additional stress on communities of color,... |
2021 |
| James Thuo Gathii |
WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER |
67 UCLA Law Review 1610 (April, 2021) |
This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to... |
2021 |
| Peter Nien-chu Kiang |
Exploring Boston's Nisei Sources and Contributions to the Japanese American Redress Movement |
27 Asian American Law Journal 53 (2020) |
Editorial Note: Cited Attachments can be found at the article link on the Asian American Law Journal website (https://lawcat.berkeley.edu/record/1181477). Introduction. 53 I. Archival Sources in Asian American Studies. 54 II. Overview of Nisei History in Boston. 55 III. Local Nisei Leadership Legacies. 58 IV. Boston's Contributions to the... |
2020 |
| Stephanie Cho , Phi Nguyen , Nathalie Levine , Yuri Lee |
Strengthening the Asian American Electorate |
45 Human Rights 13 (2020) |
On November 6, 2018, DeKalb County residents Mr. and Mrs. Kim* went to vote in the Georgia gubernatorial election (*names have been changed to protect privacy). The Kims were accompanied by a Korean-speaking interpreter from our organization, Asian Americans Advancing Justice-Atlanta, who would help them read the ballots they intended to cast.... |
2020 |
| Robert J. Rhee |
The Political Economy of Corporate Law and Governance: American and Korean Rules under Different Endogenous Conditions and Forms of Capitalism |
55 Wake Forest Law Review 649 (Fall, 2020) |
Advanced economies operate under different forms of capitalism and social order. Corporate law is fixed only insofar as a country's political economy and social organization are static. This article explains why an advanced economy may choose inefficient rules. Korean rules are the product of past industrial development policies and current... |
2020 |
| Edward J.W. Park |
The Political Formation of Korean Americans, 1992-2019: from Ethnic Politics to Managing Transnational Lives - an Interview with Professor Edward Park |
27 Asian American Law Journal 19 (2020) |
Editorial Disclaimer: The interview transcript below is based upon, but does not exactly reflect, an interview of the author. All editorial changes have been reviewed and approved by the author. Introduction. 19 Interview Transcript. 22 Personal History. 22 The Demographics of Los Angeles. 23 Korean Americans, African Americans, and Latinos. 24... |
2020 |
| Frank H. Wu |
Asian Americans and Affirmative Action--again |
26 Asian American Law Journal 46 (2019) |
Asian Americans at last have been introduced to the civil rights movement, but in the awkward role of potential spoilers apparently opposed to the interests of African Americans and other people of color. Asian Americans now are the plaintiffs in the ongoing attacks on affirmative action and diversity more generally, in lieu of whites depicted as... |
2019 |
| OiYan A. Poon , Liliana M. Garces , Janelle Wong , Megan Segoshi , David Silver , Sarah Harrington |
Confronting Misinformation Through Social Science Research: Sffa V. Harvard |
26 Asian American Law Journal 4 (2019) |
In the ongoing case of Students for Fair Admissions v. Harvard, Edward Blum is attempting once again to use Students for Fair Admissions (SFFA), his anti-affirmative action organization, to further limit the use of race as one factor in holistic admissions processes. But this time, Blum purports to be acting on behalf of a group of anonymous Asian... |
2019 |
| Ana Duong, Eun Sun Jang, Co-Editor-in-Chief and Managing Editor, 2018-2019, Volume 26, Asian American Law Journal |
Editors' Note |
26 Asian American Law Journal 1 (2019) |
We are publishing at a time that has been exciting for the Asian Pacific Islander (API) community in many ways. From the box office success of Crazy Rich Asians to the unprecedented influx of women and people of color in Congress, there has been greater representation of API voices, talents, and stories. It has been incredibly surreal to see more... |
2019 |