| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
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Multiple Groups |
| Mark S. Brodin |
THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE |
106 Marquette Law Review 593 (Spring, 2023) |
White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... |
2023 |
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Multiple Groups |
| Blanche Bong Cook |
JEFFREY EPSTEIN: PEDOPHILES, PROSECUTORS, AND POWER |
26 Journal of Gender, Race and Justice 311 (Spring, 2023) |
This isn't about bad men, though they were most assuredly bad men . It's about a system that is void of integrity. Mistakes can happen. But if you don't do anything to stop them from happening again, you can't keep calling them mistakes. Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather... |
2023 |
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White American |
| Alexis Hoag-Fordjour |
WHITE IS RIGHT: THE RACIAL CONSTRUCTION OF EFFECTIVE ASSISTANCE OF COUNSEL |
98 New York University Law Review 770 (June, 2023) |
The legal profession is and has always been white. Whiteness shaped the profession's values, culture, and practice norms. These norms helped define the profession's understanding of reasonable conduct and competency. In turn, they made their way into constitutional jurisprudence. This Article interrogates the role whiteness plays in determining... |
2023 |
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White American |
| Michael Z. Green |
(A)WOKE WORKPLACES |
2023 Wisconsin Law Review 811 (2023) |
With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination,... |
2023 |
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| Shiwali Patel, Elizabeth X. Tang, Hunter F. Iannucci |
A SWEEP AS BROAD AS ITS PROMISE: 50 YEARS LATER, WE MUST AMEND TITLE IX TO END SEX-BASED HARASSMENT IN SCHOOLS |
83 Louisiana Law Review 939 (Spring, 2023) |
C1-3Table of Contents Introduction. 940 I. Sex-Based Harassment Harms Students, and Schools Must Do Better.. 944 A. What Is Sex-Based Harassment?. 944 B. Sex-Based Harassment Is Widely Prevalent Among Students. 953 C. Most Students Do Not Report Sex-Based Harassment to Their Schools.. 955 D. Students Who Report Sex-Based Harassment Are Often... |
2023 |
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| Katie O'Brien |
CAMERA-ENFORCED STREETS: CREATING AN ANTI-RACIST SYSTEM OF TRAFFIC ENFORCEMENT |
36 Journal of Civil Rights & Economic Development 515 (Winter, 2023) |
On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper's vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to yank [Bland] out of her car and light [her] up... |
2023 |
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| Martha Minow |
CHILDREN'S RIGHTS DEBATES, REVISITED |
75 Florida Law Review 195 (March, 2023) |
Children are the living messages we send to a time we will not see.--John F. Kennedy, 35th President of the United States With deep thanks to Dean Laura A. Rosenbury; to our law review editors Taylor Cavaliere, Juan Valiente, and Wesley Thorp; to the creators and sponsors of this distinguished lecture series; and to the two brothers who inspired... |
2023 |
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| Matthew L. Mizel , Michael Serota , Jonathan Cantor , Joshua Russell-Fritch |
DOES MENS REA MATTER? |
2023 Wisconsin Law Review 287 (2023) |
Does mens rea matter to the criminal legal system? Our study addresses this question by performing the first-ever empirical analysis of a culpable mental state's impact on administration of a criminal statute. We focus on the U.S. Supreme Court's 2019 decision in Rehaif v. United States, which applied a culpable knowledge requirement to the federal... |
2023 |
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| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
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| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
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| Jenny E. Carroll |
POLICING PROTEST: SPEECH, SPACE, CRIME, AND THE JURY |
133 Yale Law Journal 175 (October, 2023) |
Speech is more than just an individual right--it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the... |
2023 |
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| Avlana K. Eisenberg |
POLICING THE DANGER NARRATIVE |
113 Journal of Criminal Law and Criminology 473 (Summer, 2023) |
The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture--namely, how... |
2023 |
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| Clare Huntington |
PRAGMATIC FAMILY LAW |
136 Harvard Law Review 1501 (April, 2023) |
C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... |
2023 |
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| Anthony V. Alfieri |
RACE ETHICS: COLORBLIND FORMALISM AND COLOR-CODED PRAGMATISM IN LAWYER REGULATION |
36 Georgetown Journal of Legal Ethics 353 (Summer, 2023) |
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville Unite the Right Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and... |
2023 |
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| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
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| Shirley LaVarco |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FROM A TRANSFORMATIVE JUSTICE PERSPECTIVE: DECARCERATION AND FINANCIAL REPARATIONS FOR CRIMINALIZED SURVIVORS OF SEXUAL AND GENDER-BASED VIOLENCE |
98 New York University Law Review 912 (June, 2023) |
While the Violence Against Women Act (VAWA) has long been venerated as a major legislative victory for those subjected to sexual and gender-based violence (S/GBV), VAWA is less often understood as the funding boon that it is for police, prosecutors, and prisons. A growing literature on the harms of carceral feminism has shown that VAWA has never... |
2023 |
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| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2023 |
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| Angela Onwuachi-Willig |
ROBERTS'S REVISIONS: A NARRATOLOGICAL READING OF THE AFFIRMATIVE ACTION CASES |
137 Harvard Law Review 192 (November, 2023) |
In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are mere recitations of facts and legal principles applied to those facts; they are the end result of a contest between opposing sides that have brought the parties to an objective truth through a lawsuit. In these scholars' eyes,... |
2023 |
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| Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... |
2023 |
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| Paul J. Larkin , GianCarlo Canaparo |
THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
18 Liberty University Law Review 1 (Fall, 2023) |
Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... |
2023 |
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| Kathryn A. Sabbeth, Jessica K. Steinberg |
THE GENDER OF GIDEON |
69 UCLA Law Review 1130 (January, 2023) |
This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of... |
2023 |
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| Yvette N.A. Pappoe |
THE SCARLET LETTER "E": HOW TENANCY SCREENING POLICIES EXACERBATE HOUSING INEQUITY FOR EVICTED BLACK WOMEN |
103 Boston University Law Review 269 (February, 2023) |
The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of... |
2023 |
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| Lucy Litt |
UNDERAGE AND UNPROTECTED: FEDERAL GRAND JURIES, CHILD DEVELOPMENT, AND THE SYSTEMIC FAILURE TO PROTECT MINORS SUBPOENAED AS WITNESSES |
92 University of Cincinnati Law Review 89 (10/20/2023) |
C1-2Contents I. Introduction. 91 A. RICO Prosecutions: A Case Study in Racism and Vulnerable Minors. 94 B. If Prosecutors Rarely Engage in this Practice, Why Make a Change?. 96 II. Federal Grand Juries and Prosecutorial Misconduct. 97 A. The Hyde and McDade Amendments. 97 B. The Subpoena Power. 98 C. Federal Grand Jury Secrecy. 99 D. Persons... |
2023 |
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| Tori DeLaney |
WHAT DO WE DO WITH YOU: HOW THE UNITED STATES USES RACIAL-GENDERED IMMIGRANT LABOR TO INFORM ITS IMMIGRANT INCLUSION-EXCLUSION CYCLE |
92 University of Cincinnati Law Review 206 (10/20/2023) |
The United States has constructed and continues to enforce gender, race, and labor assumptions through the Immigration and Nationality Act's (INA) deportation rules. The United States crafted its immigration laws to be flexible enough to lean on and vilify immigrant labor depending on the nation's labor needs. Modern enforcement of the INA's... |
2023 |
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| Daniel S. Harawa |
WHITEWASHING THE FOURTH AMENDMENT |
111 Georgetown Law Journal 923 (May, 2023) |
A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... |
2023 |
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| Tamara Rice Lave |
BLAME THE VICTIM: HOW MISTREATMENT BY THE STATE IS USED TO LEGITIMIZE POLICE VIOLENCE |
87 Brooklyn Law Review 1161 (Summer, 2022) |
The surprising thing about George Floyd is not that he was forcibly arrested for a nonviolent crime. That is a regular occurrence for Black men in America. Nor is it that he was killed by the police. A recent study published by the National Academy of Sciences found that [p]olice violence is a leading cause of death for young men--especially for... |
2022 |
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African/Black American |
| Aaron Hill |
PUTTING POLICE IN THE PADDYWAGON: AN ANALYSIS OF THE DIFFICULTIES OF PROSECUTING POLICE AND PROPOSED SOLUTIONS |
53 University of Toledo Law Review 497 (Spring, 2022) |
The nation is traumatized. Years ago, the world watched as Rodney King was beaten by police officers. King was bludgeoned fifty-six times, kicked multiple times, and tased. However, when criminal charges were brought, the officers were acquitted. Two decades later, the nation watched video footage of Tamir Rice, a twelve-year-old African American... |
2022 |
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African/Black American |
| Corey L. Gordon |
RIGHTING WRONGS THROUGH POSTHUMOUS PARDONS: MAX MASON, THE DULUTH LYNCHINGS, AND LESSONS FOR THE FUTURE |
18 University of Saint Thomas Law Journal 87 (Spring, 2022) |
On June 12, 2020, just three days shy of the 100th anniversary of the infamous lynchings of three African-Americans in Duluth, Minnesota, and less than three weeks after the brutal murder of George Floyd at the hands (and knees) of Minneapolis police officers, the Minnesota Board of Pardons granted the state's first-ever posthumous pardon. It went... |
2022 |
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African/Black American |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
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Asian American/Pacific Islander American |