| Author | Title | Citation | Summary | Year |
| 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 |
| |
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. RodrÃguez |
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 |