AuthorTitleCitationSummaryYearKey Terms
Scott DeVito OF BIAS AND EXCLUSION: AN EMPIRICAL STUDY OF DIVERSITY JURISDICTION, ITS AMOUNT-IN-CONTROVERSY REQUIREMENT, AND BLACK ALIENATION FROM U.S. CIVIL COURTS 13 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Winter, 2021) Maybe ever'body in the whole damn world is scared of each other. Empirical studies find that Black Americans distrust the U.S. justice system because they believe that it will not treat them fairly. The well-developed empirical literature on race and the criminal justice system demonstrates that this belief is well founded. At the same time, the... 2021  
Robin L. Wilson OPPORTUNITY KNOCKS TWICE: DESPITE THE MISSED OPPORTUNITY IN FOSTER v. CHATMAN AND FLOWERS v. MISSISSIPPI TO ADDRESS THE DEFICIENCIES IN BATSON v. KENTUCKY, THE CONNECTICUT SUPREME COURT HAS "STEPPED UP TO THE PLATE" TO ENSURE DIVERSITY IN THE SELECTION OF 39 Quinnipiac Law Review 485 (2021) I. Introduction. 486 II. History. 491 A. Federal Precedent. 491 B. Application of Batson in Connecticut. 496 III. Post-Batson Decisions. 498 A. Expansion of Batson's Protections. 498 B. A Retreat From the Expansion of Batson: Post-Batson Decisions and the Deficiencies in the Application of Batson - Hernandez v. New York - Disparate Impact and... 2021  
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 2021  
Jonathan D. Glater s PANDEMIC POSSIBILITIES: RETHINKING MEASURES OF MERIT 69 UCLA Law Review Discourse 48 (2021) The impact of the spread of the novel coronavirus in the United States beginning in winter 2020 has simultaneously laid bare vast chasms of inequality in education and created a crisis in which radical reforms have become possible almost overnight. Schools, colleges and universities have dramatically changed how they admit, assess, and support... 2021  
Christian Powell Sundquist PANDEMIC SURVEILLANCE DISCRIMINATION 51 Seton Hall Law Review 1535 (2021) I. Introduction. 1535 II. The Racialization of Public Health Crises. 1536 III. Surveillance Discrimination. 1537 IV. Conclusion. 1545 2021  
Mary K. Kitzmiller, Caitlin Cavanagh , Paul Frick , Laurence Steinberg , Elizabeth Cauffman , Michigan State University, Louisiana State University, Temple University, University of California, Irvine PARENTAL INCARCERATION AND THE MENTAL HEALTH OF YOUTH IN THE JUSTICE SYSTEM: THE MODERATING ROLE OF NEIGHBORHOOD DISORDER 27 Psychology, Public Policy, and Law 256 (May, 2021) Neighborhood-level characteristics may inform youths' experience of parental incarceration; however, their precise role has not yet been established. Some empirical evidence indicates that neighborhood disorder compounds the psychological distress of parental incarceration because youth living in disorderly neighborhoods are more likely to be... 2021  
Janai Nelson PARSING PARTISANSHIP AND PUNISHMENT: AN APPROACH TO PARTISAN GERRYMANDERING AND RACE 96 New York University Law Review 1088 (October, 2021) The threat of extreme and punishing partisan gerrymandering has increased exponentially since 2019 when the Supreme Court held partisan gerrymandering claims nonjusticiable. Although the Court was unanimous in recognizing that partisan gerrymandering can undermine the fair functioning of the electoral process, neither Rucho's majority nor its... 2021  
Seema Mohapatra PASSPORTS OF PRIVILEGE 70 American University Law Review 1729 (May, 2021) All Americans sixteen and older are now eligible to receive a COVID-19 vaccination. However, many will not be able to access such vaccinations due to their work situation, health status, and inaccessible vaccination sites. Some have suggested that the use of vaccine passports, credentials used to gain access to places and countries by showing proof... 2021  
Diane E. Thompson PAY ATTENTION! MARGINALIZED COMMUNITIES, THE CONSUMER FINANCIAL PROTECTION BUREAU, AND REGULATORY ADVOCACY 82 Montana Law Review 343 (Summer, 2021) Congress created the Consumer Financial Protection Bureau in the wake of the Great Recession to foresee, prevent, and mitigate risks to consumers and shocks to the larger economy. Congress mandated specific units and offices dedicated to engagement with underserved communities, service members, and older Americans, among other vulnerable... 2021  
Christopher J. Ryan, Jr. PAYING FOR LAW SCHOOL: LAW STUDENT LOAN INDEBTEDNESS AND CAREER CHOICES 2021 University of Illinois Law Review 97 (2021) Student loan debt has reached crisis levels, topping $1.64 trillion dollars this year and surpassing credit card debt to become the second largest source of debt held by Americans. When discussing student loan debt, it is easy to fixate on the aggregate impact of the burdens this debt places on taxpayers, the economy, and borrowers alike, such as... 2021  
Adam D. Fine , Jamie Amemiya , Paul Frick , Laurence Steinberg , Elizabeth Cauffman PERCEPTIONS OF POLICE LEGITIMACY AND BIAS FROM AGES 13 TO 22 AMONG BLACK, LATINO, AND WHITE JUSTICE-INVOLVED MALES 45 Law and Human Behavior 243 (June, 2021) Objective: Although researchers, policymakers, and practitioners recognize the importance of the public's perceptions of police, few studies have examined developmental trends in adolescents and young adults' views of police. Hypotheses: Hypothesis 1: Perceptions of police legitimacy would exhibit a U-shaped curve, declining in adolescence before... 2021 Yes
Rachel F. Moran PERSISTENT INEQUALITIES, THE PANDEMIC, AND THE OPPORTUNITY TO COMPETE 27 Washington and Lee Journal of Civil Rights and Social Justice 589 (Spring, 2021) C1-2Table of Contents I. Introduction. 590 II. Persistent Inequalities: Race, Ethnicity, Class, Language, and Immigration. 592 A. Race, Ethnicity, and the Intransigence of Segregation in the Schools. 593 B. The Intersection of Race, Ethnicity, and Poverty. 596 C. Additional Dimensions of Difference: Language and Immigration Status. 599 D. Greater... 2021  
Taunya Lovell Banks PERSONAL IDENTITY EQUALITY AND RACIAL MISRECOGNITION: REVIEW ESSAY OF MULTIRACIALS AND CIVIL RIGHTS: MIXED-RACE STORIES OF DISCRIMINATION 34 Journal of Civil Rights & Economic Development 13 (Spring, 2021) There is a growing body of social science literature documenting multiracials as an emergent minority group . who . have not always been recognized as either a separate racial group or as legitimate members of racial groups. Tanya Hernández has been writing about aspects of American multiracialism for twenty years. Her 1998 article in the... 2021  
Anna Offit PLAYING BY THE RULE: HOW ABA MODEL RULE 8.4(G) CAN REGULATE JURY EXCLUSION 89 Fordham Law Review 1257 (March, 2021) Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on American Bar Association Model Rule... 2021  
Tracey Meares, Gwen Prowse POLICING AS PUBLIC GOOD: REFLECTING ON THE TERM "TO PROTECT AND SERVE" AS DIALOGUES OF ABOLITION 73 Florida Law Review 1 (January, 2021) Introduction. 1 I. Setting the Stage: The Problem of Excessive Force As a Jumping Off Point for Dialogues. 5 A. About Portals. 9 B. Theoretical Frameworks for Analyzing the Dialogues. 10 II. Alternative Visions of Policing. 14 A. Policing Ourselves: Privatized Policing. 14 B. Policing Aspirations: A Role for the State. 17 C. The Curriculum... 2021  
Marvin L. Astrada, Scott B. Astrada POLITICS, POWER & COMMUNITY: CRITICALLY REEXAMINING NOTIONS OF LAW, IDENTITY & CIVIL SOCIETY 45 Nova Law Review 169 (Spring, 2021) I. Introduction. 169 II. Representation, Law, Politics, Identity, and Notions of Community. 177 A. Ethics, Homogeny, and Representation: The Inevitability of Resistance. 180 III. Political Identity: Identarian-Based Political Communities & Subcommunities. 187 A. Exploring the Political Function of Memory Within IBFs, PI & Community. 199 IV.... 2021  
Naomi E. S. Goldstein , Rena Kreimer , Siying Guo , TuQuynh Le , Lindsey M. Cole , Amanda NeMoyer , Stephanie Burke , George Kikuchi , Kevin Thomas , Fengqing Zhang PREVENTING SCHOOL-BASED ARREST AND RECIDIVISM THROUGH PREARREST DIVERSION: OUTCOMES OF THE PHILADELPHIA POLICE SCHOOL DIVERSION PROGRAM 45 Law and Human Behavior 165 (April, 2021) Objectives: Created to combat the school-to-prison pipeline, the Philadelphia Police School Diversion Program offers voluntary community-based services to eligible youth accused of minor school-based offeses in lieu of arrest. This study evaluated program effectiveness in accomplishing goals related to reductions in school-based arrests, serious... 2021  
Mary Crossley PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE 30 Annals of Health Law and Life Sciences 101 (Summer, 2021) As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... 2021  
  PROSECUTING IN THE POLICE-LESS CITY: POLICE ABOLITION'S IMPACT ON LOCAL PROSECUTORS 134 Harvard Law Review 1859 (March, 2021) What good is a prosecutor without police? On June 26, 2020, that question gained unexpected importance when the Minneapolis City Council unanimously approved a proposed amendment to the city's charter that would allow the city to dismantle its police department. The city's Charter Commission eventually rejected the proposal, but had it been... 2021  
  PROSECUTORIAL DISCRETION 50 Georgetown Law Journal Annual Review of Criminal Procedure 269 (2021) The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe that the accused has committed an offense, the decision to prosecute is within the... 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  
Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick RACE AND GENDER AND POLICING 21 Nevada Law Journal 885 (Spring, 2021) C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... 2021  
Craig Konnoth RACE AND MEDICAL DOUBLE-BINDS 121 Columbia Law Review Forum 135 (October 8, 2021) Race and medicine scholarship is beset by a conundrum. On one hand, some racial justice scholars and advocates frame the harms that racial minorities experience through a medical lens. Poverty and homelessness are social determinants of health that medical frameworks should account for. Racism itself is a public health threat. On the other hand,... 2021  
Katie Michaela Becker RACE AND PRISON DISCIPLINE: A STUDY OF NORTH CAROLINA STATE PRISONS 43 North Carolina Central Law Review 175 (2021) Black and Indigenous people receive disproportionate shares of disciplinary write-ups at state prisons in North Carolina. They experience more sanctions as a result. In this Article, I examine publicly available 2020 data from the North Carolina Department of Public Safety. I use two statistical techniques: binary logistic regression and multiple... 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  
Jack M. Balkin RACE AND THE CYCLES OF CONSTITUTIONAL TIME 86 Missouri Law Review 443 (Spring, 2021) C1-2Table of Contents Table of Contents. 443 I. Introduction. 444 II. The Cycle of Regimes. 445 A. Political Regimes in the Antebellum Era. 446 B. The Republican Regime. 449 D. The New Deal/Civil Rights Regime. 454 E. The Reagan Regime and the Culture Wars. 456 III. The Cycle of Polarization and Depolarization. 463 A. Racial Polarization in... 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  
Eleanor Brown, June Carbone RACE, PROPERTY, AND CITIZENSHIP 116 Northwestern University Law Review Online 120 (July 24, 2021) The racial wealth gap is stunning. The net worth of an average White family is nearly ten times greater than that of an African-American family. A 2017 Prosperity Now report finds that for African-Americans, today's economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero... 2021  
Aziza Ahmed , Jason Jackson RACE, RISK, AND PERSONAL RESPONSIBILITY IN THE RESPONSE TO COVID-19 121 Columbia Law Review Forum 47 (April 1, 2021) The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportionate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and... 2021  
Ion Meyn RACE-BASED REMEDIES IN CRIMINAL LAW 63 William and Mary Law Review 219 (October, 2021) This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring... 2021  
William Y. Chin RACIAL EQUALITY AND INEQUALITY IN AMERICA AND LESSONS FROM OTHER COUNTRIES 27 Cardozo Journal of Equal Rights & Social Justice 473 (Spring, 2021) C1-2Table of Contents I. Introduction. 474 II. Racial Equality Lessons from other Countries. 475 A. Abolish Law Enforcement's use of Neck Restraints. 476 B. Add Day Fines to the Range of Sanctions. 479 C. Promote and Reward Reading by Prisoners. 480 D. Offer a National Apology for Subjugating African Americans. 483 E. Assist Workers of Color by... 2021  
George Fisher RACIAL MYTHS OF THE CANNABIS WAR 101 Boston University Law Review 933 (May, 2021) Modern histories of the drug war coalesce around the premise that early antidrug laws took rise from racial animus. Lawmakers banned opium, the theory goes, because Chinese miners and railroad workers brought it here; cocaine because African Americans made it their drug of choice; and marijuana because migrant Mexicans cast its seeds north of the... 2021 Yes
Michael Conklin RACIAL PREFERENCES IN COVID-19 VACCINATION: LEGAL AND PRACTICAL IMPLICATIONS 5 Howard Human & Civil Rights Law Review 141 (Spring, 2021) I don't think we should ask doctors to remedy past discrimination. They can't do it, except haphazardly. And it's not their job. A doctor ought to consider a patient's present medical needs and nothing else: not her sex, not her race, not her long-term disabilities, not whether her mother loves her, not any fact about her, save as relevant to her... 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  
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021  
Matiangai Sirleaf RACIAL VALUATION OF DISEASES 67 UCLA Law Review 1820 (April, 2021) Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... 2021  
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021  
Charlene Galarneau , Ruqaiijah Yearby RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 211 (2021) Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... 2021  
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  
Alexandra Lauren Horn, Esq. RECOGNIZING PERSECUTION IN U.S. CRIMINAL JUSTICE AND CAPITAL PUNISHMENT: A POTENTIAL PATH TO ASYLUM RELIEF FOR U.S. NATIONALS 32 Florida Journal of International Law 369 (Spring, 2021) In 2020, amidst a global pandemic, political chaos, and economic recession, the killings of George Floyd and Breonna Taylor, among too many others, brought international attention and outrage to the institutionalized racism which characterizes the U.S. criminal justice system. In a country that claims itself the leader of the free world, people... 2021  
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021 Yes
Christina Payne-Tsoupros REMOVING POLICE FROM SCHOOLS USING STATE LAW HEIGHTENED SCRUTINY 17 Northwestern Journal of Law & Social Policy 1 (Fall, 2021) This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal... 2021  
Seema Mohapatra, JD, MPH REPRODUCTIVE INJUSTICE AND COVID-19 50 Stetson Law Review 389 (Spring, 2021) In the midst of a global pandemic and horrifying examples of police injustice in the summer of 2020, the Supreme Court added to the pain by delivering several blows to reproductive justice. Although June Medical v. Russo was a technical victory, the dissenting and concurring opinions, written by five men, made clear that the majority of the Court... 2021  
Nicole Hallett RETHINKING PROSECUTORIAL DISCRETION IN IMMIGRATION ENFORCEMENT 42 Cardozo Law Review 1765 (September, 2021) Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante,... 2021  
Stacy Hawkins REVERSE INTEGRATION: CENTERING HBCUS IN THE FIGHT FOR EDUCATIONAL EQUALITY 24 University of Pennsylvania Journal of Law and Social Change 351 (2021) School integration as a means of achieving educational equality has in many ways failed. It is a great irony that the case most celebrated for dismantling our dual system of racialized education in America, Brown v. Board of Education, has wrought at best mixed results for true educational equality. One underutilized resource in the... 2021  
Jacob Schuman REVOCATION AND RETRIBUTION 96 Washington Law Review 881 (October, 2021) Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that mass supervision has... 2021  
  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  
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  
Osamudia James RISKY EDUCATION 89 George Washington Law Review 667 (May, 2021) Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state's abdication of responsibility for public education, particularly against a backdrop of rising economic and social insecurity... 2021  
Emily Prifogle RURAL SOCIAL SAFETY NETS FOR MIGRANT FARMWORKERS IN MICHIGAN, 1942-1971 46 Law and Social Inquiry 1022 (November, 2021) In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers' private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid... 2021  
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