| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Jonathan Andrew Perez |
RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM |
24 Journal of Gender, Race and Justice 87 (Spring, 2021) |
I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... |
2021 |
|
African/Black American |
| Trust Kupupika |
SHAPING OUR FREEDOM DREAMS: RECLAIMING INTERSECTIONALITY THROUGH BLACK FEMINIST LEGAL THEORY |
107 Virginia Law Review Online 27 (January, 2021) |
Black feminist legal theory has offered the tool of intersectionality to modern feminist movements to help combat interlocking systems of oppression. Despite this tremendous offering, intersectionality has become wholly divorced from its Black feminist origins. This is significant because without a deep engagement with Black feminist legal theory,... |
2021 |
|
African/Black American |
| James W. Fox Jr. |
THE CONSTITUTION OF BLACK ABOLITIONISM: REFRAMING THE SECOND FOUNDING |
23 University of Pennsylvania Journal of Constitutional Law 267 (April, 2021) |
Eric Foner has observed that historians of the Thirteenth Amendment have struggled to find ways to get the voice of African Americans into discussions of the Amendment's original meaning, scope, and limitation. This article is part of a project to answer Professor Foner's challenge to recover nineteenth-century African American constitutionalism.... |
2021 |
|
African/Black American |
| Suja A. Thomas |
THE CUSTOMER CASTE: LAWFUL DISCRIMINATION BY PUBLIC BUSINESSES |
109 California Law Review 141 (February, 2021) |
It is legal to follow and watch people in retail stores based on their race, give inferior service to restaurant customers based on their race, and place patrons in certain hotel rooms based on their race. Congress enacted Title II of the Civil Rights Act of 1964 to protect Black and other people of color from discrimination and segregation in... |
2021 |
|
African/Black American |
| David G. Maxted |
THE QUALIFIED IMMUNITY LITIGATION MACHINE: EVISCERATING THE ANTI-RACIST HEART OF § 1983, WEAPONIZING INTERLOCUTORY APPEAL, AND THE ROUTINE OF POLICE VIOLENCE AGAINST BLACK LIVES |
98 Denver Law Review 629 (Spring, 2021) |
This Article makes the case that twin plagues endemic to American law--the routine of police violence and its unequal impact on Black lives and other people of color--are rooted in the invention and application of qualified immunity by the courts and the legal profession. For the past four decades, the Supreme Court has eroded civil rights... |
2021 |
|
African/Black American |
| Brence D. Pernell |
THE THIRTEENTH AMENDMENT AND EQUAL EDUCATIONAL OPPORTUNITY |
39 Yale Law and Policy Review 420 (Spring, 2021) |
Inequities for Black Americans, including educational ones, are now often rooted in neutral policies--ones facially innocent, but effectively discriminatory. This Article helps establish the Thirteenth Amendment as a viable alternative in antidiscrimination law for challenging such policies. While undoing these policies has traditionally been the... |
2021 |
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African/Black American |
| Michelle Y. Ewert |
THEIR HOME IS NOT THEIR CASTLE: SUBSIDIZED HOUSING'S INTRUSION INTO FAMILY PRIVACY AND DECISIONAL AUTONOMY |
99 North Carolina Law Review 869 (May, 2021) |
The anti-Black racism that has permeated public benefits programs and federal housing policy for over a century persists in subsidized rental housing. Public housing authorities (PHAs) impede the ability of tenants--who are disproportionately Black women--to change household composition as their family situations change. PHAs routinely take... |
2021 |
|
African/Black American |
| Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle |
THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW |
47 Mitchell Hamline Law Review 26 (November, 2021) |
Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting, or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... |
2021 |
|
African/Black American |
| Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle |
THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW |
105 Minnesota Law Review Headnotes 251 (Spring, 2021) |
Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... |
2021 |
|
African/Black American |
| Kyle C. Velte |
TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK |
33 Yale Journal of Law & Feminism 119 (2021) |
White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... |
2021 |
|
African/Black American |
| Catherine M. Sharkey |
VALUING BLACK AND FEMALE LIVES: A PROPOSAL FOR INCORPORATING AGENCY VSL INTO TORT DAMAGES |
96 Notre Dame Law Review 1479 (March, 2021) |
Federal agencies adopt a uniform VSL (value of statistical life)--one that does not vary according to demographic characteristics--in conducting cost-benefit analyses in connection with regulatory policy decisions. In sharp juxtaposition, the use of race- and gender-based statistics on wages and work-life expectancy in calculating tort wrongful... |
2021 |
|
African/Black American |
| Danielle L. Macedo |
WHAT KIND OF JUSTICE IS THIS? OVERBROAD JUDICIAL DISCRETION AND IMPLICIT BIAS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
24 Journal of Gender, Race and Justice 43 (Spring, 2021) |
I.Introduction. 44 II.Black American History and the Criminal Justice System: Setting the Stage. 48 A. Before the Civil Rights Movement: Explicit Bias in America. 51 B. The Civil Rights Movement and Beyond: Implicit Bias in America. 55 C. Black Lives Matter. 59 D. The Fight for Racial Equality Continues. 63 III.Criminal Sentencing Procedure and... |
2021 |
|
African/Black American |
| Brianna D. Gaddy |
WHAT'S HAIR GOT TO DO WITH IT?: HOW SCHOOL HAIR POLICIES VIOLATE THE UNITED STATES CONSTITUTION |
6 ALR Accord 155 (March 31, 2021) |
Introduction. 156 I. Background. 158 A. Discriminatory Hair Policies. 158 II. Analysis. 160 A. History of Black Hair in the United States. 160 B. Data on School Discipline. 163 C. Combatting Discriminatory School Hair Policies Through State and Federal Action. 165 1. CROWN Act. 165 2. Title VI of the Civil Rights Act. 170 III. Recommendations. 171... |
2021 |
|
African/Black American |
| Emily Haney-Caron, JD, PhD, Erika Fountain, PhD |
YOUNG, BLACK, AND WRONGFULLY CHARGED: A CUMULATIVE DISADVANTAGE FRAMEWORK |
125 Dickinson Law Review 653 (Spring, 2021) |
The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful... |
2021 |
|
African/Black American |
| Lucy Dempsey |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
2021 |
|
American Indian/Alaskan Native |
| Xuan-Thao Nguyen |
#METOO INNOVATORS: DISRUPTING THE RACE AND GENDER CODE BY ASIAN AMERICANS IN THE TECH INDUSTRY |
28 Asian American Law Journal 17 (2021) |
This Article focuses on how Asian American women innovators of the #MeToo generation are disrupting the code of conduct in the tech industry. The code is hard-wired into the tech bro culture of mirrortocracy, resulting in hiring practices that perpetuate existing company demographics and statistics that show that Asian American women face 2.91... |
2021 |
|
Asian American |
| Dominique Marangoni-Simonsen |
A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC |
27 Hastings Environmental Law Journal 229 (Winter, 2021) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
|
Asian American |
| Marisa K. Sanchez |
MODERNIZING DISCRIMINATION LAW: THE ADOPTION OF AN INTERSECTIONAL LENS |
23 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2021) |
Introduction. 2 I. What is Intersectionality?. 6 A. The Theory of Intersectionality. 6 B. Intersectional Jurisprudence. 9 II. Transgender Latinx Community. 19 A. Legal Issues Faced by Transgender People. 20 B. Legal Issues Faced by the Latinx Community. 30 C. Intersections of Race and Gender Identity. 38 III. Solutions. 41 A. Title VII... |
2021 |
|
Hispanic/Latinx American |
| Sarah Houston |
NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND |
47 Mitchell Hamline Law Review 197 (February, 2021) |
I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... |
2021 |
|
Hispanic/Latinx American |
| Angela Onwuachi-Willig, Anthony V. Alfieri |
(RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 |
130 Yale Law Journal 2052 (June, 2021) |
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... |
2021 |
|
Multiple Groups |
| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 California Law Review 1959 (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
|
Multiple Groups |
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
|
Multiple Groups |
| Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell Law Review 171 (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
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| David H. Gans |
"WE DO NOT WANT TO BE HUNTED": THE RIGHT TO BE SECURE AND OUR CONSTITUTIONAL STORY OF RACE AND POLICING |
11 Columbia Journal of Race and Law 239 (April, 2021) |
Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment's transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all, regardless of race. This Article... |
2021 |
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| Leslie Patrice Culver |
(UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY |
21 Nevada Law Journal 655 (Spring, 2021) |
IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... |
2021 |
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| Desirée D. Mitchell |
A CLASS OF ONE: MULTIRACIAL INDIVIDUALS UNDER EQUAL PROTECTION |
88 University of Chicago Law Review 237 (January, 2021) |
When it comes to recognizing multiracial individuals under the Equal Protection Clause, courts have fallen short. Only rarely do courts explicitly identify multiracial plaintiffs as just that--multiracial. Instead, the majority of courts revert to a one-drop rule in which they view plaintiffs as only one part of their self-identified racial... |
2021 |
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| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
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| Aderson Bellegarde François |
A LOST WORLD: SALLIE ROBINSON, THE CIVIL RIGHTS CASES, AND MISSING NARRATIVES OF SLAVERY IN THE SUPREME COURT'S RECONSTRUCTION JURISPRUDENCE |
109 Georgetown Law Journal 1015 (April, 2021) |
It is the sound of vanishing--the music as it plays itself to silence, the train as it travels away, a voice left on magnetic tape. The Supreme Court tells stories about who and what we are--the sort of knowledge about [the] past that is shared, mutually acknowledged and reinforced by a collectivity. The Court is uniquely suited for this role:... |
2021 |
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| Laura M. Moy |
A TAXONOMY OF POLICE TECHNOLOGY'S RACIAL INEQUITY PROBLEMS |
2021 University of Illinois Law Review 139 (2021) |
Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative... |
2021 |
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| Alexis Hoag |
ABOLITION AS THE SOLUTION: REDRESS FOR VICTIMS OF EXCESSIVE POLICE FORCE |
48 Fordham Urban Law Journal 721 (March, 2021) |
Introduction. 721 I. An Attempt at Redress: The Civil Rights Act of 1866. 726 II. Reconstruction Redux: 18 U.S.C. § 242. 730 III. Abolitionist Framework. 735 IV. Abolitionist Solutions. 738 A. Reparations. 739 B. Divest and Reinvest. 741 Conclusion. 742 |
2021 |
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