| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Erika George , Jena Martin , Tara Van Ho |
RECKONING: A DIALOGUE ABOUT RACISM, ANTIRACISTS, AND BUSINESS & HUMAN RIGHTS |
30 Washington International Law Journal 171 (March, 2021) |
Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights.... |
2021 |
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| Jelani Jefferson Exum |
RECONSTRUCTION SENTENCING: REIMAGINING DRUG SENTENCING IN THE AFTERMATH OF THE WAR ON DRUGS |
58 American Criminal Law Review 1685 (Fall, 2021) |
L1-2Introduction . L31685 I. The Need for Reconstruction: Then and Now. 1687 II. Understanding the War on Drugs: The Weapons, The Tactics, and the Casualties. 1691 III. Why Interpretation Matters: A Lesson from the Thirteenth Amendment. 1698 A. The Thirteenth Amendment: Original Interpretation. 1698 B. Reinterpreting the Thirteenth Amendment: An... |
2021 |
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| Alisha Desai, Kelley Durham, Stephanie C. Burke, Amanda NeMoyer, Kirk Heilbrun , Drexel University |
RELEASING INDIVIDUALS FROM INCARCERATION DURING COVID-19: PANDEMIC-RELATED CHALLENGES AND RECOMMENDATIONS FOR PROMOTING SUCCESSFUL REENTRY |
27 Psychology, Public Policy, and Law 242 (May, 2021) |
The emergence and rapid growth of the coronavirus disease 2019 (COVID-19) pandemic has significantly impacted the U.S. criminal justice system as federal and state governments consider allowing the early release of select currently incarcerated individuals to mitigate the pandemic's spread. As a result, the number of incarcerated individuals... |
2021 |
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| Stephanie Hall Barclay , Michalyn Steele |
RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES |
134 Harvard Law Review 1294 (February, 2021) |
Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... |
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 |
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| Brian Erickson |
SECOND AMENDMENT FEDERALISM |
73 Stanford Law Review 727 (March, 2021) |
In the decade since District of Columbia v. Heller, the paradigm-shifting 2008 Supreme Court case affirming the right of individuals to keep handguns in the home for self-defense, lower courts have struggled to reconcile the case's broad conception of the Second Amendment with longstanding restrictions on the keeping and bearing of... |
2021 |
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| Priya Baskaran |
SERVICE, SCHOLARSHIP, AND RADICAL CITATION PRACTICE |
73 Rutgers University Law Review 891 (Spring, 2021) |
C1-3Table of Contents I. Introduction. 891 II. Invisible and Unrewarded Service Burdens. 895 A. PoC Lunches--Creating Counter Space. 896 B. Informal Mentoring of Students. 898 III. Scholarship Promotion & Critical Legal Research. 902 A. Time is NOT on Your Side. 902 B. The Legal Scholarship Hegemony. 903 C. The Politics of Citation. 905 D. A Path... |
2021 |
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| Dallan F. Flake |
SPECTATOR HARASSMENT |
56 Wake Forest Law Review 441 (2021) |
Instances of spectators harassing professional athletes because of their race, color, religion, sex, or national origin are well documented. This is not a new problem, but it is becoming worse in this age of emboldened bigotry. Fans are sometimes punished for such behavior, as are players who retaliate in response. Meanwhile, the teams and leagues... |
2021 |
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| Susannah Camic Tahk |
SPILLOVER TAX PRECEDENT |
2021 Wisconsin Law Review 657 (2021) |
We know that pro se litigants often lose. However, we know almost nothing about the circumstances in which they win. One such circumstance, this Article finds, is when they can take advantage of favorable precedent. This Article calls those favorable precedents for pro se litigants spillover precedents. Spillover precedents are cases with... |
2021 |
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| James Thuo Gathii |
STUDYING RACE IN INTERNATIONAL LAW SCHOLARSHIP USING A SOCIAL SCIENCE APPROACH |
22 Chicago Journal of International Law 71 (Summer, 2021) |
This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing... |
2021 |
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| Emily Suski |
SUBVERTING TITLE IX |
105 Minnesota Law Review 2259 (May, 2021) |
By the time elementary school teacher Gary Stroup put his hand down [fourth grade student John Doe's] pants and fondled hi[m], school administrators had been receiving reports for six years of Stroup's inappropriate behavior with children. That behavior included kicking students' buttocks, pinching their chests and posteriors, touching a... |
2021 |
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SYMPOSIUM TRANSCRIPT |
33 Saint Thomas Law Review 107 (Spring, 2021) |
The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law. Daniel Gabuardi: Good morning everyone, and welcome to the St. Thomas Law Review Symposium on Race and Policing in America. My name is Daniel Gabuardi, I am the Law Review Article Solicitation Editor and Host... |
2021 |
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| Pedro A. Malavet |
THE ACCIDENTAL CRIT III: THE UNBEARABLE LIGHTNESS OF BEING . PEDRO? |
22 Rutgers Race & the Law Review 247 (2021) |
C1-2Table of Contents I. Introduction: Names, Titles and Academic Survival. 249 II. How did you get to your current position?. 255 III. Why did you stay?. 281 IV. Conclusion: Reveling in Law Geekness. 289 |
2021 |
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| Hannah C. Mery |
THE DANGERS OF DOXING AND SWATTING: WHY TEXAS SHOULD CRIMINALIZE THESE MALICIOUS FORMS OF CYBERHARASSMENT |
52 Saint Mary's Law Journal 905 (2021) |
I. Introduction. 906 II. Doxing, Swatting, and Cyberstalking--The Example of Gamergate. 908 III. Cyberharassment's Broad Ramifications and Proposal for a Solution. 911 IV. Background and History of Laws Pertaining to Cyberharassment. 916 A. Federal Laws. 918 B. Texas Laws. 921 V. Analysis. 927 A. Analyzing the Complexities of Doxing and... |
2021 |
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| Sara E. Yates |
THE DIGITIZATION OF THE CARCERAL STATE: THE TROUBLING NARRATIVE AROUND POLICE USAGE OF FACIAL RECOGNITION TECHNOLOGY |
19 Colorado Technology Law Journal 483 (Summer, 2021) |
The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse This Note applies a racial social control frame to the problem of facial recognition technology (FRT), showing how this technology may entrench preexisting inequalities and disparate treatment of people of color by law enforcement. Police usage of FRT... |
2021 |
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| Barbara A. Fedders |
THE END OF SCHOOL POLICING |
109 California Law Review 1443 (August, 2021) |
Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role... |
2021 |
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| Vincent M. Southerland |
THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM |
80 Maryland Law Review 487 (2021) |
A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... |
2021 |
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| Brandon Hasbrouck |
THE JUST PROSECUTOR |
99 Washington University Law Review 627 (2021) |
As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration. This was and is by design. Prosecutorial power derives from our constitutional structure--prosecutors are given almost unfettered discretion to determine who to charge, what to charge, and, often, what the... |
2021 |
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| Allen Slater , Richard Delgado |
THE LEAST OF THESE: THE CASE FOR NATIONWIDE INJUNCTIONS IN IMMIGRATION CASES AS A CRITICAL DEMOCRATIC INSTITUTION |
25 U.C. Davis Social Justice Law Review 100 (Summer, 2021) |
Truly I tell you, whatever you did not do for one of the least of these, you did not do for me. --Matthew 25:45 America is fortunate to have a long running and relatively stable democratic government, due in large part to the robustness of many of its democratic institutions. Analogically, one can describe democratic institutions as some of the... |
2021 |
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| Eisha Jain |
THE MARK OF POLICING: RACE AND CRIMINAL RECORDS |
73 Stanford Law Review Online 162 (June, 2021) |
This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone--regardless of whether they result in convictions--create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal... |
2021 |
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| Scott W. Stern |
THE NAACP'S RAPE DOCKET AND THE ORIGINS OF CRIMINAL PROCEDURE |
24 University of Pennsylvania Journal of Law and Social Change 241 (2021) |
This Article provides the definitive account of the surprisingly voluminous docket of rape cases argued by the National Association for the Advancement of Colored People (NAACP). It argues, for the first time, that the NAACP's rape docket was central to the development of modern criminal procedure--to the establishment of the right to... |
2021 |
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| Randall Kennedy , Eugene Volokh |
THE NEW TABOO: QUOTING EPITHETS IN THE CLASSROOM AND BEYOND |
49 Capital University Law Review 1 (Spring, 2021) |
Is it wrong for professors to quote epithets in class or in other educational settings? In law schools, this question has arisen as to nigger when a professor quoted the defendants' speech from a leading First Amendment case (Brandenburg v. Ohio) in a First Amendment class; a professor (one of us) quoted the facts in a rare example of a hate... |
2021 |
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| Elizabeth A. Reese |
THE OTHER AMERICAN LAW |
73 Stanford Law Review 555 (March, 2021) |
American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... |
2021 |
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| Ethan Herenstein , Yurij Rudensky |
THE PENALTY CLAUSE AND THE FOURTEENTH AMENDMENT'S CONSISTENCY ON UNIVERSAL REPRESENTATION |
96 New York University Law Review 1021 (October, 2021) |
Many judges and scholars have read Section 2 of the Fourteenth Amendment as evidence of the Constitution's commitment to universal representation--the idea that representation should be afforded to everyone in the political community regardless of whether they happen to be eligible to vote. Typically, this analysis starts and stops with Section 2's... |
2021 |
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| L. William Schmidt Jr. |
THE POST-PANDEMIC FUTURE OF LAW FIRMS |
50-MAY Colorado Lawyer 22 (May, 2021) |
The future ain't what it used to be. --Yogi Berra The world looks much different today than what it was or will likely ever be again. The changes we see are not necessarily new, but they are moving at warp speed. We can yearn endlessly for the past, or we can pivot to the practice of law as it will look in the future. In my five decades as an... |
2021 |
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| Gregory S. Parks , Julia Doyle |
THE RAGE OF A PRIVILEGED CLASS |
89 Fordham Law Review 2541 (May, 2021) |
Being a lawyer is difficult. Both the training and practice are demanding. Even when compared to other stressful occupations and graduate or professional programs, the legal profession has consistently had some of the highest rates of major depressive disorders. A number of factors may contribute to these conditions, such as high occupational... |
2021 |
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| Kathryn Stanchi |
THE RHETORIC OF RACISM IN THE UNITED STATES SUPREME COURT |
62 Boston College Law Review 1251 (April, 2021) |
Introduction. 1252 I. Methodology. 1255 II. Doctrinal Theoretical Overview. 1257 III. The Categories and Rhetorical Analysis. 1264 A. Calling Out the Court's Complicity in Racism. 1267 1. The Five Strong References Calling Out the Court's Racism. 1269 2. The Eight Weak Calling-Out References. 1273 B. Pointing Out Racism Without Implicating the... |
2021 |
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| Lindsay Holcomb |
THE ROLE OF TORTS IN THE FIGHT AGAINST NONCONSENSUAL PORNOGRAPHY |
27 Cardozo Journal of Equal Rights & Social Justice 261 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 262 II. Defining Nonconsensual Porn. 265 A. Micro Level Analysis--Experiences of Victims and Perpetrators. 267 B. Meso Level Analysis--Cultures of Shame. 270 C. Macro Level Analysis--The Digital Landscape. 272 III. Efforts to Criminalize Revenge Porn. 276 IV. Torts as the Solution to Nonconsensual Porn. 280 A.... |
2021 |
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| Lorelei Lee |
THE ROOTS OF "MODERN DAY SLAVERY": THE PAGE ACT AND THE MANN ACT |
52 Columbia Human Rights Law Review 1199 (Spring, 2021) |
Usage of the phrase modern day slavery to describe human trafficking, especially sex trafficking, is widespread despite work by numerous scholars and activists to point out how such usage harms attempts to remedy both slavery and trafficking. In order to more clearly recognize the continuing harms of this usage, it is imperative that we know its... |
2021 |
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| 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 |
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