| Author | Title | Citation | Summary | Year |
| Monica Ramsy |
BEYOND THE U VISA AND CARCERAL FEMINIST "CRIMMIGRATION": TRANSFORMING THE VAWA SELF-PETITION TO REMEDY SEXUAL VIOLENCE IN IMMIGRATION DETENTION |
45 New York University Review of Law and Social Change 37 (2021) |
When, and on what terms and conditions, do the experiences of an immigrant survivor of sexual violence matter? On what basis do we, and should we, devise our immigration laws in relation to gender-based violence? In wrestling with these questions, this Article seeks to develop a framework with which to more meaningfully support survivors of sexual... |
2021 |
| Kevin R. Johnson |
BRINGING RACIAL JUSTICE TO IMMIGRATION LAW |
116 Northwestern University Law Review Online 1 (May 13, 2021) |
From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... |
2021 |
| Ayyan Zubair |
BROWN'S LOST PROMISE: NEW YORK CITY SPECIALIZED HIGH SCHOOLS AS A CASE STUDY IN THE ILLUSORY SUPPORT FOR CLASS-BASED AFFIRMATIVE ACTION |
11 California Law Review Online 557 (March, 2021) |
Introduction. 557 I. Background: New York City's Specialized High Schools and Christa McAuliffe Intermediate School PTO, Inc. v. de Blasio. 558 A. A Primer on New York City's Specialized High Schools. 558 B. The Barriers Created by the Specialized High School System. 560 II. The Effect of The U.S. Supreme Court's Latest Additions on Race-Conscious... |
2021 |
| Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... |
2021 |
| Vinay Harpalani, J.D., Ph.D. |
CAN "ASIANS" TRULY BE AMERICANS? |
27 Washington and Lee Journal of Civil Rights and Social Justice 559 (Spring, 2021) |
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with... |
2021 |
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CHAPTER 17 SOUTH KOREA |
86 IUS Gentium 723 (2021) |
South Korea, with a population of 54.6 million in 2018, has been described as a country that once served as the world's largest source of unwanted children, driven by poverty, governmental regulation, a culture of racial purity, homogeneity, family bloodlines, shame, and taboos against domestic adoption. Much has changed in recent years,... |
2021 |
| Catherine Powell |
COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE |
33 Yale Journal of Law & Feminism 1 (2021) |
We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... |
2021 |
| Jasmine Mitchell |
COMMENTARY AND BOOK REVIEW: MULTIRACIALS AND CIVIL RIGHTS: MIXED-RACE STORIES OF DISCRIMINATION |
34 Journal of Civil Rights & Economic Development 1 (Spring, 2021) |
Can a drop of whiteness or looking white save someone from anti-Blackness? Are mixed-race peoples special, and should they be a protected class under the law? Did Loving v. Virginia's legalization of interracial marriage lead to race becoming insignificant? Tanya Hernández's Multiracials and Civil Rights: Mixed-Race Stories of Discrimination... |
2021 |
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CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) |
134 Harvard Law Review 1268 (January, 2021) |
Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... |
2021 |
| Bobbi K. Dominick |
CRITICAL RACE THEORY AND WORKPLACE DIVERSITY EFFORTS |
64-DEC Advocate 36 (November/December, 2021) |
Across the country, debates about critical race theory (CRT) are raging in legislatures, school boards and organizations, and in diverse locales. While it may seem like a passing fad, or cultural hot button issue, diversity practitioners and leaders should pay close attention. Now is the time to reexamine the most effective, and defensible,... |
2021 |
| D. Carolina Núñez |
DARK MATTER IN THE LAW |
62 Boston College Law Review 1555 (May, 2021) |
Introduction. 1556 I. The Chinese Exclusion Case and Its Progeny: Ordinary Matter in an Extraordinary Immigration Law Universe. 1565 A. The Origins of Immigration Law's Plenary Power Doctrine. 1566 B. Plenary Power and the Constitution After Chinese Exclusion. 1570 1. Plenary Power and Political Opinion. 1571 2. Plenary Power and Gender. 1574 II.... |
2021 |
| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (October 29, 2021) |
The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |
| George A. Acosta |
DEVOLVING STANDARDS OF DECENCY: HOW EIGHTH AMENDMENT JURISPRUDENCE FAILS TRANSGENDER INMATES SEEKING NECESSARY MEDICAL CARE |
36 Wisconsin Journal of Law, Gender & Society 59 (Spring, 2021) |
The Supreme Court of the United States has long held that denying necessary medical care to prison inmates may constitute cruel and unusual punishment within the meaning of the Eighth Amendment. Transgender inmates suffering from gender dysphoria often do not receive essential medical care, particularly the crucial treatments of hormone therapy and... |
2021 |
| Nicholas Loh |
DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY |
48 Fordham Urban Law Journal 1331 (October, 2021) |
Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... |
2021 |
| Cristina Isabel Ceballos, David Freeman Engstrom, Daniel E. Ho |
DISPARATE LIMBO: HOW ADMINISTRATIVE LAW ERASED ANTIDISCRIMINATION |
131 Yale Law Journal 370 (November, 2021) |
Administrative law has a blind spot. It is blackletter doctrine that an agency's failure to consider the impacts of its conduct can lead to court invalidation of its decision as arbitrary and capricious. Judges have set aside agency action for failures to consider differential impacts on subgroups of business owners, park visitors, and animals. Yet... |
2021 |
| Shreya Santhanam, Stephanie Tilden, Elizabeth Cheng, Editors-in-Chief and Managing Editor, 2020-2021, Volume 28, Asian American Law Journal |
EDITORS' NOTE |
28 Asian American Law Journal 1 (2021) |
Every year the Editors' Note highlights and celebrates the scholarship produced by the Asian American Law Journal (AALJ). We would like to recognize these articles, but also take a moment to acknowledge some of the struggles faced by our members and members of Asian American and Pacific Islander (AAPI) communities over the past year. In 2020-2021,... |
2021 |
| David Tipson , Rene Kathawala , Nyah Berg , Lauren Webb |
EFFECTIVE SCHOOL-INTEGRATION MOBILIZATION: THE CASE FOR NON-LITIGATION ADVOCACY AND IMPACT |
48 Fordham Urban Law Journal 475 (February, 2021) |
Introduction. 475 I. Historical Background. 477 A. School Desegregation in the United States. 477 B. School Integration in New York City. 487 C. Status Quo in 2011. 489 II. Framing the Role for Legal Advocacy. 493 III. Implementation. 500 A. Challenging Legal and Regulatory Structures Inhibiting NYCDOE Action. 500 B. Creating a Precedential... |
2021 |
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EQUAL PROTECTION--AFFIRMATIVE ACTION--FIRST CIRCUIT HOLDS THAT HARVARD'S ADMISSIONS PROGRAM DOES NOT VIOLATE THE CIVIL RIGHTS ACT.-- STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT & FELLOWS OF HARVARD COLLEGE, 980 F.3D 157 (1ST CIR. 2020) |
134 Harvard Law Review 2630 (May, 2021) |
In 2014, a nonprofit called Students for Fair Admissions (SFFA) sued Harvard University, alleging that its race-conscious admissions program discriminated against Asian American applicants. Over the next few years, the lawsuit drew both attention and controversy. Some criticized Harvard for imposing de facto Asian American quotas. Others suggested... |
2021 |
| Laura Smalarz , Yueran Yang , Gary L. Wells |
EYEWITNESSES' FREE-REPORT VERBAL CONFIDENCE STATEMENTS ARE DIAGNOSTIC OF ACCURACY |
45 Law and Human Behavior 138 (April, 2021) |
Objectives: We assessed recent policy recommendations to collect eyewitnesses' confidence statements in witnesses' own words as opposed to numerically. We conducted an experiment to test whether eyewitnesses' free-report verbal confidence statements are as diagnostic of eyewitness accuracy as their numeric confidence statements and whether the... |
2021 |
| Jessica A. Shoemaker |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
119 Michigan Law Review 1695 (June, 2021) |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
2021 |
| Pamela Foohey , Nathalie Martin |
FINTECH'S ROLE IN EXACERBATING OR REDUCING THE WEALTH GAP |
2021 University of Illinois Law Review 459 (2021) |
Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like... |
2021 |
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
| Cristina M. Rodríguez |
FOREWORD: REGIME CHANGE |
135 Harvard Law Review 1 (November, 2021) |
C1-2CONTENTS Introduction. 2 I. Elements of Regime Change. 11 A. Switching Sides. 16 1. Enlisting the Court. 18 2. The Interests of the United States. 32 B. A New Order. 40 1. The Legal Regime. 41 2. The Bureaucracy. 48 II. In Defense of Power. 58 A. Asserting Power. 63 1. Democracy and Social Welfare. 63 2. Presidential and Political Control. 70... |
2021 |
| Sara K. Rankin |
HIDING HOMELESSNESS: THE TRANSCARCERATION OF HOMELESSNESS |
109 California Law Review 559 (April, 2021) |
Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice--the criminalization of homelessness--processes vulnerable people through the criminal justice system with damaging results. But recently, from the... |
2021 |
| Jennifer M. Smith , Elliot O. Jackson |
HISTORICALLY BLACK COLLEGES & UNIVERSITIES: A MODEL FOR AMERICAN EDUCATION |
14 Florida A & M University Law Review 103 (Winter, 2021) |
The whole world opened to me when I learned to read. ~ Mary McLeod Bethune Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery... |
2021 |
| Rachel D. Godsil, Sarah E. Waldeck |
HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY |
98 Denver Law Review 523 (Spring, 2021) |
Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... |
2021 |
| Ayushi Neogi |
HOW DOES IT FEEL TO BE A SOLUTION?: HOW SOUTH ASIAN MIGRATION FROM 1885 TO 1923 CREATED A MODERN SOUTH ASIAN "OTHER" USED TO PROMOTE CONSERVATIVE RHETORIC |
48 Hastings Constitutional Law Quarterly 508 (Spring, 2021) |
This note seeks to understand the place of a South Asian American in a country that considers itself bi-racial. The note analyzes the racial ambiguity of the South Asian in two major historical contexts. First, it provides an overview of the legal history of South Asian migration, the first wave of which occurred from 1885 to 1923. It analyzes... |
2021 |
| Emma Mendelson |
HOW THE FALLOUT FROM POST-9/11 SURVEILLANCE PROGRAMS CAN INFORM PRIVACY PROTECTIONS FOR COVID-19 CONTACT TRACING PROGRAMS |
24 CUNY Law Review 35 (Winter, 2021) |
INTRODUCTION. 35 I. The Bush Administration and the Broadened Scope of Surveillance. 38 A. The Law and the NSA. 38 B. The Wave of Backlash Comes Crashing Down. 44 II. National Security and Public Health Surveillance During COVID-19. 46 A. Background on the Data Changes Since 9/11. 47 B. What Does Surveillance During the COVID-19 Pandemic Look... |
2021 |
| Dorothy A. Brown |
INTRODUCTION |
70 Emory Law Journal 1413 (2021) |
The idea for this Special Issue began with a conversation between me and Mr. Sam Reilly, the then Editor-in-Chief of the Emory Law Journal. Mr. Reilly and I go way back--all the way to his first semester in law school when he was a student in my Legislation and Regulation class. I subsequently selected him to become one of my research assistants... |
2021 |
| Craig Cowie |
IS THE CFPB STILL ON THE BEAT? THE CFPB'S (NON)RESPONSE TO THE COVID-19 PANDEMIC |
82 Montana Law Review 41 (Winter, 2021) |
I. Introduction. 42 II. The Economic Impact of the Pandemic to Date. 44 III. The CFPB's Enforcement Response to the Pandemic. 52 A. The CFPB Took No Public Enforcement Action Under Director Kraninger Specifically Related to the Pandemic. 57 B. Instead, CFPB Brought Smaller Enforcement Actions. 62 1. Methodology. 64 2. The CFPB Initially Filed Few... |
2021 |
| Nicholas Mignanelli |
LEGAL RESEARCH AND ITS DISCONTENTS: A BIBLIOGRAPHIC ESSAY ON CRITICAL APPROACHES TO LEGAL RESEARCH |
113 Law Library Journal 101 (Spring, 2021) |
What is Critical Legal Research? What is critical about critical legal information literacy? What is a critical law librarian, and what must one do to be one? This bibliographic essay attempts to answer these questions in the course of providing a comprehensive introduction to the history, literature, and practices found at the intersection of... |
2021 |
| Antje du Bois-Pedain |
MASS INCARCERATION, PENAL MODERATION, AND BLACK PRISONERS SERVING VERY LONG SENTENCES: THE CASE FOR A TARGETED CLEMENCY PROGRAM |
24 New Criminal Law Review 655 (Fall, 2021) |
The prevalent criminal justice practices in the U.S. have produced levels and patterns of incarceration that fewer and fewer politicians, scholars, and citizens care to support. There seems to be widespread consensus that the system is indicted as unjust by its outcomes no matter how these outcomes came about. But if that is so, how can it be... |
2021 |
| Russell K. Robinson |
MAYOR PETE, OBERGEFELL GAYS, AND WHITE MALE PRIVILEGE |
69 Buffalo Law Review 295 (April, 2021) |
296 Introduction. 296 I. Challenging Anti-Gay Stereotypes. 303 II. Is Pete Gay Enough?. 309 III. Pete as a Symbol of Respectability Politics. 316 A. An Examination of Racialized Respectability Politics in the Don't Ask, Don't Tell and Marriage Equality Movements. 317 B. Analyzing Buttigieg's Candidacy as the Embodiment of the Gay and... |
2021 |
| Mike Hoa Nguyen , Douglas H. Lee , Liliana M. Garces , OiYan A. Poon , Janelle Wong |
MOBILIZING SOCIAL SCIENCE RESEARCH TO INFORM JUDICIAL DECISION-MAKING: SFFA v. HARVARD |
28 Asian American Law Journal 4 (2021) |
In the fall of 2019, the United States District Court for the District of Massachusetts upheld the legality of Harvard's race-conscious admissions process in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. In his appeal of the ruling, Students for Fair Admissions (SFFA) President Edward Blum continued his efforts to... |
2021 |
| Rachel Guy |
NATION OF MEN: DIAGNOSING MANOSPHERIC MISOGYNY AS VIRULENT ONLINE NATIONALISM |
22 Georgetown Journal of Gender and the Law 601 (Spring, 2021) |
I. Introduction. 602 II. Defining Manospheric Misogyny. 603 A. The Manosphere. 603 B. Enacting Structural Sexism through Manospheric Misogyny. 606 III. Manospheric Misogyny as Nationalism. 610 A. A Regressive Cultural Nationalism. 611 B. An Imagined Community in Anti-Feminism. 614 1. Oppositional Identity. 615 2. Grievance. 616 3. Recruitment. 618... |
2021 |
| Steven Arrigg Koh |
OTHERING ACROSS BORDERS |
70 Duke Law Journal Online 161 (May, 2021) |
Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering... |
2021 |
| Peter H. Huang |
PANDEMIC EMOTIONS: THE GOOD, THE BAD, AND THE UNCONSCIOUS--IMPLICATIONS FOR PUBLIC HEALTH, FINANCIAL ECONOMICS, LAW, AND LEADERSHIP |
16 Northwestern Journal of Law & Social Policy 81 (Spring, 2021) |
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people's responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This... |
2021 |
| Daiquiri J. Steele |
PRESERVING PANDEMIC PROTECTIONS |
42 Berkeley Journal of Employment and Labor Law 321 (2021) |
Though violations of workplace laws are typically viewed as private matters between employee and employer, such violations often transcend these private relationships and impact third parties and the broader society. As an important example, violations of workplace laws can impact public health, particularly during public health emergencies like... |
2021 |
| Katie Raitz |
PUBLIC HEALTH AND RACIAL INEQUALITY: WHY THE OPPORTUNITY ZONE PROGRAM FAILS LOW-INCOME COMMUNITIES AND COSTS LIVES |
12 UC Irvine Law Review 315 (November, 2021) |
The rich man's dog gets more in the way of vaccination, medicine and medical care than do the workers upon whom the rich man's wealth is built. Poor health outcomes are linked to long-standing wealth disparities for people of color in the United States. Wealth inequality has gotten worse over the past decades, despite attempts to improve it. The... |
2021 |
| Eric M. Adams, University of Alberta, Faculty of Law |
R.W. KOSTAL, LAYING DOWN THE LAW: THE AMERICAN LEGAL REVOLUTIONS IN OCCUPIED GERMANY AND JAPAN, CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2019. PP 472. $55.00 CLOTH (ISBN 9780674052413) |
39 Law and History Review 405 (May, 2021) |
In the fall of 1945, Assistant Secretary of War John McCloy scribbled a note to a colleague reflecting on the challenge that lay before them. Having recently returned to Germany from Japan--the other of the United States' two monumental projects of transformational occupation--McCloy summed up the situation facing the American military in blunt... |
2021 |
| 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 |
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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 |