AuthorTitleCitationSummaryYearGender in title or SummaryEthnicity Identified in Title
Fatma E. Marouf The Emerging Importance of "Social Visibility" in Defining a "Particular Social Group" and its Potential Impact on Asylum Claims Related to Sexual Orientation and Gender 27 Yale Law and Policy Review 47 (Fall 2008) Introduction. 48 I. Four Approaches to Defining Membership of a Particular Social Group. 51 A. The Protected Characteristic Approach. 51 B. The Social Perception Approach. 58 C. The UNHCR Guidelines on Membership of a Particular Social Group. 60 D. The BIA's New Social Visibility Test. 63 1. The C-A- Case. 63 2. The A-M-E- & J-G-U- Case. 65...; Search Snippet: ...POTENTIAL IMPACT ON ASYLUM CLAIMS RELATED TO SEXUAL ORIENTATION AND GENDER Fatma E. Marouf [FNa1] Copyright (c) 2008 Yale Law and... 1994 Yes African/Black American
Nicholas J. Johnson THE MODERN ORTHODOXY IS A FAILED EXPERIMENT: TOWARD A RACE SENSITIVE, HARD LOOK AT FIREARMS POLICY AND THE BLACK COMMUNITY 14 UC Irvine Law Review 1209 (October, 2024) This article extends the work on firearms and the Black community through an expanded critique of Black allegiance to the progressive gun control agenda. I have argued that this modern orthodoxy is at odds with the history of, and longstanding justifications for, Black distrust of the state. This article extends that argument in light of more... 1994    
Travis Crum THE RIDDLE OF RACE-BASED REDISTRICTING 124 Columbia Law Review 1823 (October, 2024) The Supreme Court has adopted divergent interpretations of the Equal Protection Clause as applied to race and redistricting. Vote dilution doctrine requires mapmakers to consider race to ensure that racial minorities are not packed or cracked. Congress, moreover, has embraced vote dilution doctrine in Section 2 of the Voting Rights Act. By... 1994 Yes  
Travis Crum THE UNABRIDGED FIFTEENTH AMENDMENT 133 Yale Law Journal 1039 (February, 2024) In the legal histories of Reconstruction, the Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the Voting Rights Act of 1965. This Article helps to complete the... 1994    
Sunita Patel TRANSINSTITUTIONAL POLICING 137 Harvard Law Review 808 (January, 2024) C1-2CONTENTS Introduction. 810 I. The Transinstitutional Approach to Studying Policing. 818 A. The Continuum of Institutional Police. 818 B. Which Institutions?. 823 II. Policing the Public. 824 A. Red Flagging. 826 B. Street Policing. 839 C. Wellness Checks. 851 III. Surveilling the Public. 862 A. Networked Information. 862 B. Bureaucratic... 1994    
Brandon Hasbrouck UNSHIELDED: HOW THE POLICE CAN BECOME TOUCHABLE: SHIELDED: HOW THE POLICE BECAME UNTOUCHABLE. BY JOANNA SCHWARTZ. NEW YORK, N.Y.: VIKING. 2023. PP. XXI, 308. $30.00 137 Harvard Law Review 895 (January, 2024) We're Americans. --Red I grew up in upstate New York. My family was poor. We were one of a handful of Black families in a predominantly white trailer park. As a single mother raising four children, my mom worked tirelessly for us to survive. She would come home after working a three-to-eleven shift and pray. She would often pray that my older... 1994    
Terry Allen USING SPATIAL AND QUALITATIVE ANALYSIS TO RETHINK SCHOOL POLICING 112 Georgetown Law Journal 987 (May, 2024) When researchers typically think about the problem of policing in schools, we tend to focus on the experiences of Black children in majority-Black and Latino schools. This body of scholarship has shown that Black students disproportionately experience negative police encounters in majority-Black and Latino schools compared to other racial and... 1994 Yes  
Neil Vidmar, Sara Sun Beale, Erwin Chemerinsky, James E. Coleman, Jr. Was He Guilty as Charged? An Alternative Narrative Based on the Circumstantial Evidence from 12 Angry Men 82 Chicago-Kent Law Review 691 (2007) In 12 Angry Men a young Hispanic man was charged with killing his father and put on trial for his life. After stormy deliberations, the jury found him not guilty. The theme of the film is that Juror #8 prevented a miscarriage of justice by his stubborn persistence in adhering to the almost religious belief that a criminal defendant should be...; Search Snippet: ...ALTERNATIVE NARRATIVE BASED ON THE CIRCUMSTANTIAL EVIDENCE FROM 12 ANGRY MEN Neil Vidmar Sara Sun Beale Erwin Chemerinsky James E. Coleman... 1994 Yes African/Black American
Aliza Hochman Bloom WHACK-A-MOLE REASONABLE SUSPICION 112 California Law Review 1129 (August, 2024) Given we know that young Black men are disproportionately surveilled, stopped, questioned, and searched by police, why do courts permit continued use of ambiguous and racialized descriptions of behavior to support the reasonable suspicion required for a stop or frisk? Because a court's reasonable suspicion calculus often relies exclusively on one... 1994 Yes  
Sikudhani Foster-McCray WHEN ALGORITHMS SEE US: AN ANALYSIS OF BIASED CORPORATE SOCIAL MEDIA ALGORITHM PROGRAMMING AND THE ADVERSE EFFECTS THESE SOCIAL MEDIA ALGORITHMS CREATE WHEN THEY RECOMMEND HARMFUL CONTENT TO UNWITTING USERS 18 Southern Journal of Policy and Justice 1 (May, 2024) C1-2Contents Introduction. 2 I. Previous Work on Racially Biased Algorithms: Algorithms of Oppression, By Dr. Safiya Umoja Noble. 3 A. Background and Synopsis. 4 B. Groundbreaking Elements in the Text. 5 1. Technological Interface from Black Perspectives. 6 2. Immunity of Information Technology Corporations. 8 C. Points of Critique within the Text.... 1994    
Brittany Taylor WHEN SILENCE IS LOUDER THAN WORDS: THE UNCONSTITUTIONALITY OF THE SUPREME COURT'S CONTINUED AVOIDANCE OF GENDERED SELECTIVE SERVICE 15 Wake Forest Journal of Law and Policy 85 (December, 2024) On June 7, 2021, the Supreme Court denied certiorari for National Coalition for Men v. Selective Service, a case questioning the constitutionality of gendered selective service. In doing so, the Supreme Court not only signaled its agreement with the male-exclusive soldier archetype and its disagreement with women in combat military occupational... 1994    
Tasseli McKay , William A. “Sandy” Darity Jr. WHO BENEFITS FROM MASS INCARCERATION? A STRATIFICATION ECONOMICS APPROACH TO THE "COLLATERAL CONSEQUENCES" OF PUNISHMENT 20 Annual Review of Law and Social Science 309 (2024) mass incarceration, stratification economics, race, inequality, punishment, collateral consequences A rich empirical literature documents the consequences of mass incarceration for the wealth, health, and safety of Black Americans. Yet it often frames such consequences as a regrettable artifact of racially disproportionate criminal legal system... 1994    
Steven R. Morrison Will to Power, Will to Reality, and Racial Profiling: How the White Male Dominant Power Structure Creates Itself as Law Abiding Citizen Through the Creation of Black as Criminal 2 Northwestern Journal of Law & Social Policy 63 (Summer, 2007) Postmodern investigations of racism in American law follow in the tradition of tragic detective films noir: pursuing the culprit through a maze of smoke and mirrors in which the detective is never sure of his precise location, his destination, his suspect, or his suspect's culpability, he finally resolves the case and catches his man. His doubts...; Search Snippet: ...POWER, WILL TO REALITY, AND RACIAL PROFILING: HOW THE WHITE MALE DOMINANT POWER STRUCTURE CREATES ITSELF AS LAW ABIDING CITIZEN THROUGH... 1994 Yes African/Black American
Zamir Ben-Dan "HOLD YOUR (UN)SCHOLARLY TONGUE": DISMANTLING SIR RACISM'S 'ACADEMIC FREEDOM' SHIELD 33 Southern California Review of Law & Social Justice 159 (Spring, 2024) C1-2TABLE OF CONTENTS I. INTRODUCTION. 160 II. THE ORIGINS AND PURPOSES OF ACADEMIC FREEDOM. 164 A. The 1915 Declarations of Principles on Academic Freedom and Academic Tenure. 164 B. Further AAUP Comments on Academic Freedom. 167 C. Academic Freedom vs. The First Amendment. 168 1. The Supreme Court's Treatment of Academic Freedom as It Relates to... 1993 Yes  
Zamir Ben-Dan "TODAY, THE CONSTITUTION PREVAILS": A HISTORY AND LEGACY OF CONSTITUTIONAL RACISM 45 Cardozo Law Review 1653 (August, 2024) C1-2Table of Contents Introduction. 1654 I. Defining Coded Racism. 1659 II. Coded Racism and the Constitution. 1661 A. Coded Racism and the Text of the Constitution. 1662 B. Coded Racism and the Structure of the Constitution. 1665 C. Despite the Code, the Federal Branches Understood the Constitution to Sanction Chattel Slavery and Anti-Black Racial... 1993    
Kris Franklin , Sarah E. Chinn ATTENTIVE READING: A SOUTH AFRICAN EXAMPLE OF LAW IN CONTEXT 21 Rutgers Journal of Law & Public Policy 211 (Spring, 2024) Unlike the United States Supreme Court in Dobbs, the Majority in this case recognizes that we cannot examine particular laws in their historical context without also examining the society in which those laws developed. . When the Supreme Court selectively examined the history and traditions of this nation, what it observed was the deeply rooted... 1993 Yes  
Prof. Angela D. Minor, Esq. BLACK LIVES STILL MATTER: THE UNCONSTITUTIONALITY OF THE REASONABLENESS STANDARD IN THE DOCTRINE OF QUALIFIED IMMUNITY 27 University of the District of Columbia Law Review 71 (Spring, 2024) Legislative history serves as a tool of argumentation that offers preliminary insight as to why a particular law has been codified, passed, and implemented in society. It is designed to provide extensive background knowledge of the true intentions of the codification of a statute. An examination of the legislative history of the Civil Rights Acts... 1993 Yes  
Ashley Pattain BLACK MATERNAL MORTALITY RATE: IMPROVING OUTCOMES FOR BLACK MOTHERS USING LEGISLATION THAT REVERSES THE EFFECTS OF STRUCTURAL RACISM IN MEDICINE 45 Mitchell Hamline Law Journal of Public Policy and Practice 141 (Spring, 2024) I. Introduction. 142 II. Maternal Mortality Rates in the United States. 146 III. History of Midwives And Black Maternal Health. 147 IV. Contributions to the increased black maternal mortality rate. 149 A. Racism In Medicin. 150 B. Racism Present Day and its Impact on the Black Community. 153 C. Separation of the Black Family Due to Policies and... 1993    
William A. Wick Book Review: Men in Black 73 Defense Counsel Journal 82 (January, 2006) MARK Levin's bestselling book, entitled Men in Black: How the Supreme Court Is Destroying America, is a forceful indictment of what Levin identifies as an increasingly activist court for amending our national Constitution in the guise of construing it. His book details the history of the current nine black-robed jurists on the U.S. Supreme Court...; Search Snippet: ...Defense Counsel Journal January, 2006 Feature Article Review BOOK REVIEW: MEN IN BLACK William A. Wick [FNa1] Copyright © 2006 by the... 1993 Yes African/Black American
Renee Nicole Allen CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES 33 Minnesota Journal of International Law 1 (Spring, 2024) In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... 1993 Yes  
Ferrell L. Littlejohn CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH 29 Fordham Journal of Corporate and Financial Law 695 (2024) In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... 1993 Yes  
Shavonnie R. Carthens COVID-19 AND ACCESS TO HEALTHCARE AT THE CROSSING OF RACE, POVERTY, AND RURALITY 38 Journal of Law and Health 145 (10/31/2024) Abstract: Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from... 1993    
Michael H. LeRoy EMANCIPATING COLLEGE ATHLETES FROM AMATEURISM UNDER THE FAIR LABOR STANDARDS ACT 45 Berkeley Journal of Employment and Labor Law 119 (2024) When an appellate court ruled that amateur athletics involves work outside the Fair Labor Standards Act (FLSA) in Berger v. National Collegiate Athletic Association it relied on Vanskike v. Peters, where a prisoner lost his FLSA case for minimum wages. Vanskike invoked the Thirteenth Amendment's slavery exception, which allows for compulsory prison... 1993    
Ann Martin Stacey, Cassia Spohn Gender and the Social Costs of Sentencing: an Analysis of Sentences Imposed on Male and Female Offenders in Three U.s. District Courts 11 Berkeley Journal of Criminal Law 43 (Spring, 2006) Disparity in the treatment of offenders involved in the criminal justice system has been the topic of a substantial amount of research over the past thirty years. Perhaps the most compelling evidence of disparity is found in the demographics of the inmate population in state and federal prisons throughout the United States. Most of those...; Search Snippet: ...CRIMINAL LAW Berkeley Journal of Criminal Law Spring, 2006 Article GENDER AND THE SOCIAL COSTS OF SENTENCING: AN ANALYSIS OF SENTENCES IMPOSED ON MALE AND FEMALE OFFENDERS IN THREE U.S. DISTRICT COURTS Ann Martin... 1993   African/Black American
Taylor Elyse Mills INTERSECTIONALLY-INFORMED ADVOCACY: A STRUCTURAL JUSTICE ACCOUNT OF WRONGFUL CONVICTIONS FOR SEXUAL VIOLENCE 31 UCLA Journal of Gender & Law 221 (Summer, 2024) C1-2Table of Contents Introduction. 222 I. Defining the Scope of the Problem. 225 II. Racial Discrimination Against Men of Color In Sexual Violence Cases. 227 A. A History of Racial Discrimination. 228 B. Structural Racism at Each Stage of the Criminal Justice System. 230 1. Eyewitnesses. 231 2. Police Officer Conduct. 231 3. Other Actors: Juries,... 1993 Yes  
Nancy S. Marder Introduction to the 50th Anniversary of 12 Angry Men 82 Chicago-Kent Law Review 557 (2007) I have had the opportunity to organize two academic panels on the subject of this Symposium, The 50th Anniversary of 12 Angry Men. Each panel included several of the contributors to this Symposium. The first panel was held at the Association of American Law Schools (AALS) Annual Meeting in Washington, D.C., in January 2007 and the second panel...; Search Snippet: ...S. Marder INTRODUCTION TO THE 50TH ANNIVERSARY OF 12 ANGRY MEN Nancy S. Marder [FNa1] Copyright (c) 2007 Chicago-Kent College... 1993 Yes African/Black American
David S. Schwartz IS THE CONSTITUTION OF 1787 A WHITE SUPREMACIST DOCUMENT? AGAINST ESSENTIALISM IN CONSTITUTIONAL INTERPRETATION 33 William & Mary Bill of Rights Journal 63 (October, 2024) A curious convergence is emerging in legal academia around the conclusion that the 1787 Constitution is a white supremacist document. Although most originalists would deny that contention, their methodology strongly favors, if it does not compel, an agreement with progressive, neo-Garrisonian scholars that the Constitution of 1787 is indeed a... 1993    
Burt R. Willie Kennewick Man--mission Accomplished? 43 Idaho Law Review 301 (2006) Did the legal result from the Kennewick Man litigation accomplish the desired protection for Native American cultural property that Congress intended when it passed the Native American Graves Protection and Repatriation Act (NAGPRA)? The discovery of the Kennewick Man has generated a great deal of attention and conflict regarding Native American...; Search Snippet: ...4385258 IDAHO LAW REVIEW Idaho Law Review 2006 Comment KENNEWICK MAN--MISSION ACCOMPLISHED? Burt R. Willie [FNa1] Copyright (c) 2006 Idaho... 1993   African/Black American
Brian W. Ludeke Malibu Locals Only: "Boys Will Be Boys," or Dangerous Street Gang? Why the Criminal Justice System's Failure to Properly Identify Suburban Gangs Hurts Efforts to Fight Gangs 43 California Western Law Review 309 (Spring 2007) Foreword. 310 I. Introduction. 312 II. Who Is MLO?. 314 III. Traditional Notions of Gangs and Reasons Kids Join. 317 A. What Is a Gang?. 317 B. Why Do Youths Join Street Gangs?. 320 1. Gangs Created by, or as an Alternative to, Poverty. 322 2. Gangs as Institutions in Neighborhoods. 324 3. Gangs as Ethnic Self-Protection. 325 4. Gangs as the...; Search Snippet: ...California Western Law Review Spring 2007 Article MALIBU LOCALS ONLY: BOYS WILL BE BOYS, OR DANGEROUS STREET GANG? WHY THE CRIMINAL JUSTICE SYSTEM'S FAILURE... 1993 Yes African/Black American
John Parsi MEDICAL CONSENSUS ON GENDER AFFIRMING CARE'S CRITICAL IMPACT ON INCARCERATED BLACK TRANSGENDER WOMEN 38 Journal of Law and Health 66 (10/31/2024) Abstract: In Kosilek v. Spencer the U.S. Court of Appeals for the First Circuit adopted The World Professional Association of Transgender Health Standards of Care (WPATH SOC) as medical consensus on gender affirming care and held that Michelle Kosilek could access gender affirming care but that she did not meet the criteria for gender affirming... 1993    
Ryan S. King Moving Toward a Gender-appropriate Response in the Criminal Justice System 33 New England Journal on Criminal and Civil Confinement 3 (Winter 2007) This is the first panel of the day. Our focus is to explore the alternatives to incarceration and other such programs. The reason I am moderating is hard to tell. I can assure you it is not because I ran the slowest when they were chasing faculty members, but I have been active for a number of years with the Elizabeth Fry Society in Canada. As a...; Search Snippet: ...Women Behind Bars: Issues confronting Incarcerated Women MOVING TOWARD A GENDER-APPROPRIATE RESPONSE IN THE CRIMINAL JUSTICE SYSTEM [FNd1] Ryan S... 1993 Yes African/Black American
S. Alan Ray Native American Identity and the Challenge of Kennewick Man 79 Temple Law Review 89 (Spring 2006) Give the historical method an inch and it will take a mile. From a strictly orthodox standpoint, therefore, it seems to bear a certain similarity to the devil . . . . Jurisprudence, ethics, sociology, political theory, and aesthetics have been affected to their very depths by the historical approach and have been aligned with historical viewpoints...; Search Snippet: ...2332068 TEMPLE LAW REVIEW Temple Law Review Spring 2006 Article NATIVE AMERICAN IDENTITY AND THE CHALLENGE OF KENNEWICK MAN S. Alan Ray [FNa1] Copyright (c) 2006 Temple University of... 1993   African/Black American
Mark C. Grafenreed OPEN HUNTING SEASON: BLACK BODIES AS A THREATENED SPECIES 30 Cardozo Journal of Equal Rights & Social Justice 341 (Winter, 2024) . about one white person in two believes police provide very good protection . for Negroes, the figure is one in five. Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to... 1993 Yes  
Perry Moriearty , Kat Albrecht , Caitlin Glass RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER 51 Fordham Urban Law Journal 675 (March, 2024) Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... 1993    
Robert M. Cearley, Jr. Racial and Gender Bias - Leading by Example 33-FALL Arkansas Lawyer 2 (Fall, 1998) In 1962 an African-American man was convicted of contempt for refusing to sit in the section of the courtroom reserved for Negroes. The conviction was reversed by the U.S. Supreme Court in a per curiam opinion. Johnson v. Virginia, 373 U.S. 61 (1963). The next year an African-American female witness was held in contempt for refusing to answer...; Search Snippet: ...ARKANSAS LAWYER Arkansas Lawyer Fall, 1998 President's Report RACIAL AND GENDER BIAS - LEADING BY EXAMPLE Robert M. Cearley, Jr. [FNa1] Copyright... 1993   Multiple Groups
Paige M. Walker RESTRICTING THE USE OF RAP LYRICS AS EVIDENCE IN COURTS: A TARGETED APPROACH TO TACKLING DISCRIMINATION IN CRIMINAL PROCEDURE 28 Lewis & Clark Law Review 431 (2024) This Comment considers the use of rap lyrics as evidence in criminal trials and the discriminatory implications of these practices. It specifically focuses on the ongoing prosecution of Atlanta rapper Young Thug (Jeffery Williams). The intersection of hip-hop and criminal justice has led courts across the nation to develop their own theories about... 1993 Yes  
Elizabeth S. Kisthardt Singling Them Out: the Influence of the "Boy Crisis" on the New Title Ix Regulations 22 Wisconsin Women's Law Journal 313 (Fall 2007) Title IX, which prohibits discrimination on the basis of sex in education programs and activities, is federal legislation intended to resolve gender inequities in education that have historically affected women. The preamble to Title IX states that [n]o person in the United States shall, on the basis of sex, be excluded from participation in, be...; Search Snippet: ...Fall 2007 Comments SINGLING THEM OUT: THE INFLUENCE OF THE BOY CRISIS ON THE NEW TITLE IX REGULATIONS Elizabeth S. Kisthardt... 1993 Yes African/Black American
Jill Lynch Cruz , Jill Lynch Cruz Ph.D., PCC, GCDF, SPHR, Executive Coach & Career Development Consultant STILL TOO FEW AND FAR BETWEEN: THE STATUS OF LATINA LAWYERS IN THE U.S. 40 Chicana/o-Latina/o Law Review 7 (2024) This Report addresses a significant paradox within the U.S. legal profession: While Latinas represent 9.4 percent of the nation's population, they only account for approximately 3 percent of attorneys, with even fewer in leadership roles across the legal profession. Following the 2009 research findings of the Hispanic National Bar Association's... 1993    
Jade A. Craig STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE 24 Nevada Law Journal 737 (Spring, 2024) C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... 1993 Yes  
Julia Steggerda-Corey THE CASE FOR NCAA LIABILITY FOR SPECTATOR RACIAL HARASSMENT OF ATHLETES 31 Jeffrey S. Moorad Sports Law Journal 1 (2024) Introduction. 1 I. The History of Spectator Harassment. 5 A. The NCAA's Role in Supporting & Protecting Athletes. 12 B. The Role of Member Institutions in Supporting & Protecting Athletes. 13 C. The Joint Responsibility of the NCAA & Member Institutions. 17 II. The Athlete Experience. 19 A. Managing Racism. 20 B. Economic Burden. 28 C. The... 1993 Yes  
Ruth Colker THE HYPOCRISY OF SEX OR PREGNANCY-BASED AFFIRMATIVE ACTION 25 Georgetown Journal of Gender and the Law 1139 (Spring, 2024) The Supreme Court's sex-based jurisprudence has always been a mess; the Court, for example, is not even willing to conceptualize pregnancy-based discrimination as sex discrimination. But, oddly, within this mess, the Court has consistently recognized sex-based affirmative action as consistent with its sex discrimination jurisprudence. The Supreme... 1993 Yes  
Fernanda González THE INADMISSIBILITY OF VICTIM IMPACT EVIDENCE 51 UC Law Constitutional Quarterly 423 (Spring, 2024) Currently, 41% of inmates on death row in the United States are Black, even though Black people make up only 13.6% of the total population in the country. Additionally, the data has repeatedly shown that states that do not have the death penalty have lower murder rates than states that do. Despite these disparities, more than half of states in the... 1993    
Sarah McCarthy The Legal and Social Implications of the Ncaa's "Pregnancy Exception" -- Does the Ncaa Discriminate Against Male Student-athletes? 14 Villanova Sports and Entertainment Law Journal 327 (2007) The National Collegiate Athletic Association (NCAA) punished University of Kansas football player Eric Butler for doing the right thing. Butler took a year off from playing football to help raise his newborn daughter. Now, the NCAA refuses to grant Butler the same rights that it would have offered a female student-athlete. Under present NCAA...; Search Snippet: ...OF THE NCAA'S PREGNANCY EXCEPTION -- DOES THE NCAA DISCRIMINATE AGAINST MALE STUDENT-ATHLETES? Sarah McCarthy [FNa1] Copyright (c) 2007 Villanova University... 1993 Yes African/Black American
Priscilla A. Ocen THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING 29 National Black Law Journal 35 (2024) This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... 1993 Yes  
I. Bennett Capers The Trial of Bigger Thomas: Race, Gender, and Trespass 31 New York University Review of Law and Social Change 1 (2006) Richard Wright's Native Son, the first novel by an African American to be featured as a main selection of the Book-of-the-Month Club, was nothing short of groundbreaking in the annals of American literature. The novel opens with the sound of an alarm going off--Richard Wright's wake-up call to America to open its eyes and address issues of race and...; Search Snippet: ...Social Change 2006 Articles THE TRIAL OF BIGGER THOMAS: RACE, GENDER, AND TRESPASS I. Bennett Capers [FNa1] Copyright (c) 2006 New... 1993 Yes African/Black American
Derrick Gailes THIRD EYE EXPERIENCE 49 Harbinger 38 (3/13/2024) For the non-racist Who didn't know But wants to understand The black experience of Police brutality and Racism in America-And be a part of the Change All around the world, anywhere, Where there's a concentration of Blacks, African Americans; countless Experiences can be recounted to You-Of brutality & racism, at the Hands, guns, and feet of police.... 1993    
Elizabeth Tang TITLE IX, PUNISHMENT, AND TRUE JUSTICE FOR ALL STUDENTS 39-SUM Criminal Justice 21 (Summer, 2024) Note: This article was written before the Biden administration issued a new Title IX rule on April 29, 2024, that will undo many of the harmful provisions in the Trump Title IX rule. The new Biden rule will take effect on August 1, 2024. When you hear the words Title IX and punishment, what do you think of? I think of my former clients who were... 1993    
Elaine Craig Trans-phobia and the Relational Production of Gender 18 Hastings Women's Law Journal 137 (Summer 2007) In 1431, Joan of Arc, a nineteen-year-old cross-dresser, was burned alive at the stake because she refused to stop dressing in men's clothing. Nearly six centuries later, in 2002, Gwen Araujo, a seventeen-year-old male-to-female transsexual, was strangled to death by two men who later claimed what can be described as a trans panic defense because...; Search Snippet: ...Summer 2007 Article TRANS-PHOBIA AND THE RELATIONAL PRODUCTION OF GENDER Elaine Craig [FNa1] Copyright (c) 2007 UC Hastings College of... 1993 Yes African/Black American
Walter “Trey” Stock United States V. Scrushy and its Impact on Criminal Prosecutions under the Certification Requirements of Sarbanes-oxley 13 Texas Wesleyan Law Review 239 (Fall 2006) I. Introduction. 239 II. The Enron Firestorm--The Impetus Behind Sarbanes-Oxley. 241 A. The Certification Requirements of Sarbanes-Oxley. 244 B. Appraisal of Internal Controls Requirement. 244 C. Other Sarbanes-Oxley Provisions. 246 D. The Government's Success Leading up to United States v. Scrushy. 247 III. HealthSouth and the Case Against Richard...; Search Snippet: ...bench behind the defense table. Within a few minutes, five African- American men and women of faith joined hands with Richard and Leslie... 1993   African/Black American
Ion Meyn WHITE-ON-BLACK CRIME: REVISITING THE CONVICT LEASING NARRATIVE 2024 Wisconsin Law Review 533 (2024) Between 1880 and 1915, the Southern criminal legal system enslaved and re-enslaved legally emancipated Black persons. Under the conventional account of this period, the law facilitated and legitimatized these practices, however odious and racially discriminatory. This view--one that critiques as it accepts the legality of the system--provides an... 1993 Yes  
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