| Author | Title | Citation | Summary | Year |
| Jelani Jefferson Exum |
ADDRESSING RACIAL INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM THROUGH A RECONSTRUCTION SENTENCING APPROACH |
47 Ohio Northern University Law Review 557 (2021) |
Justice reform is having a moment. Across the nation and in the federal government, legislation has passed to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction. While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice... |
2021 |
| Christina Bartholomew |
ADVANCING RACIAL EQUITY THROUGH THE UN SUSTAINABLE DEVELOPMENT GOALS |
68-APR Federal Lawyer 20 (March/April, 2021) |
The urgency for racial equity is a clarion call for the legal profession. As legal practitioners consider how best to support this global movement, the FBA Diversity and Inclusion (D&I) Committee collaborated with the UN Global Compact to develop a comprehensive certified program for law students studying throughout the United States to promote... |
2021 |
| Robert F. Weber |
AGAINST DISCOURSE: WHY ELIMINATING RACIAL DISPARITIES REQUIRES RADICAL POLITICS, NOT MORE DISCUSSION |
37 Georgia State University Law Review 1177 (Summer, 2021) |
Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today--in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its... |
2021 |
| Ekow N. Yankah |
AHMAUD ARBERY, RECKLESS RACISM AND HATE CRIMES: RECKLESSNESS AS HATE CRIME ENHANCEMENT |
53 Arizona State Law Journal 681 (Summer, 2021) |
In February 2020, Ahmaud Arbery, a twenty-five-year-old Black jogger in Georgia, was chased down by a group of armed, White men in trucks, trapped, shot, and killed. His killers pursued Arbery because they suspected him--with no evidence whatsoever--of being behind a string of (unreported) neighborhood robberies. Arbery's killers had never seen any... |
2021 |
| Maurice R. Dyson |
ALGORITHMS OF INJUSTICE & THE CALLING OF OUR GENERATION: THE BUILDING BLOCKS OF A NEW AI JUSTICE IN THE TECHNOLOGICAL ERA OF GLOBAL PREDATORY RACIAL CAPITALISM |
5 Howard Human & Civil Rights Law Review 81 (Spring, 2021) |
I would like to thank Dean Holley-Walker, Howard University School of Law, Professor Darin Johnson, Kayla Strauss, the staff of the Howard Human & Civil Rights Law Review, and the beloved spirit and legacy of C. Clyde Ferguson Jr., that continually inspires and guides this Annual Symposium. And we are beyond grateful for your thought leadership and... |
2021 |
| Henry F. Fradella , Weston J. Morrow , Michael D. White |
AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES |
21 Nevada Law Journal 1151 (Spring, 2021) |
C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... |
2021 |
| Stephen Rushin, Griffin Edwards |
AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING |
73 Stanford Law Review 637 (March, 2021) |
Abstract. This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... |
2021 |
| Jessica K. Heldman, JD , Hon. Geoffrey A. Gaither |
AN EXAMINATION OF RACISM AND RACIAL DISCRIMINATION IMPACTING DUAL STATUS YOUTH |
42 Children's Legal Rights Journal 21 (2021) |
Not everything that is faced can be changed; but nothing can be changed until it is faced. - James Baldwin Racial disproportionality and disparity have long been characteristic of both the child welfare and youth justice systems. Discriminatory policies and practices present at the origin of these systems continue to plague children, families, and... |
2021 |
| Leona D. Jochnowitz , Tonya Kendall |
ANALYZING WRONGFUL CONVICTIONS BEYOND THE TRADITIONAL CANONICAL LIST OF ERRORS, FOR ENDURING STRUCTURAL AND SOCIOLOGICAL ATTRIBUTES, (JUVENILES, RACISM, ADVERSARY SYSTEM, POLICING POLICIES) |
37 Touro Law Review 579 (2021) |
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness... |
2021 |
| Daniel Harawa , Brandon Hasbrouck |
ANTIRACISM IN ACTION |
78 Washington and Lee Law Review 1027 (Summer, 2021) |
Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court's fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet... |
2021 |
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY |
18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) |
Abstract: Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... |
2021 |
| Leah M. Litman |
ANTIRACIST REMEDIAL APPROACHES IN JUDGE GREGORY'S JURISPRUDENCE |
78 Washington and Lee Law Review 1051 (Summer, 2021) |
This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality... |
2021 |
| Lindsay deJesus Cress |
AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS |
60 University of Louisville Law Review 203 (Fall, 2021) |
I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... |
2021 |
| Nathalie Martin |
BAD APPLES OR A ROTTEN TREE: AMELIORATING THE DOUBLE PANDEMIC OF COVID-19 AND RACIAL ECONOMIC INEQUALITY |
82 Montana Law Review 105 (Winter, 2021) |
Black Lives Matter signs pepper our rural, middle class neighborhood. Like many of the neighborhoods in my town, there are few Black Americans living nearby. The signs are a symbol of the desire to do something, finally, about systemic racism. There are other subtle shifts occurring as well. More books on racism top bestsellers lists and more ads... |
2021 |
| Ellen Rosenstiel Clinton, SHRM-SCP, Regional Administrative Manager, Kutak Rock LLP, Chair, ALA's DEIA Committee |
BECOMING AN ANTIRACIST LEGAL ORGANIZATION |
40 Legal Management 6 (June, 2021) |
The more aware I become of just how deeply rooted racism is in our personal and professional lives, the more I begin to wonder how much of an effect any one person, group or organization can have in dismantling this ugly situation. Racism is deeply rooted in our country. While it can seem impossible at times, every individual who has some privilege... |
2021 |
| Terrence M. Franklin |
BLACK DEATHS SHOULD MATTER, TOO! ESTATE PLANNING AS A TOOL FOR ANTIRACISTS |
47 ACTEC Law Journal 39 (Fall, 2021) |
And since I feel today New York is really My personal property I'll tell you what I'm gonna do . Since I like you very much, So very, very much, I'm gonna split it with you. Since I like you very much, So very, very much, I'm gonna split it with you! Just as the negative effects of most legal policies and practices have a disproportionately greater... |
2021 |
| |
BLACK LIVES DISCOUNTED: ALTERING THE STANDARD FOR VOIR DIRE AND THE RULES OF EVIDENCE TO BETTER ACCOUNT FOR IMPLICIT RACIAL BIASES AGAINST BLACK VICTIMS IN SELF-DEFENSE CASES |
134 Harvard Law Review 1521 (February, 2021) |
Because of implicit biases, information about the victims of violence--such as their criminal records, physical appearances, and lifestyles--can be exploited in an attempt to justify the harm that was inflicted upon them. In particular, there is a substantial risk that defendants tried for acts of violence against Black victims will attempt to... |
2021 |
| Natalie P. Byfield |
BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE |
53 Connecticut Law Review 619 (September, 2021) |
This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... |
2021 |
| Kevin R. Johnson |
BRINGING RACIAL JUSTICE TO IMMIGRATION LAW |
116 Northwestern University Law Review Online 1 (May 13, 2021) |
Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... |
2021 |
| Judith H. Owens, Ed.D |
BUILDING AN ANTIRACIST ORGANIZATION IS NO EASY TASK -- OR DID KINDERGARTEN TEACH US HOW? (PART 2) |
67 Practical Lawyer 47 (February 1, 2021) |
This is Part 2 of a two-part article about the urgent call for a systematically antiracist society, and how we can answer that call on the organizational level, within our legal offices, companies, and other institutions. The issue of racism and the unfair treatment of people of color has been evoked, once again, within organizations and workplaces... |
2021 |
| Aviel Menter |
CALCULATED DISCRIMINATION: EXPOSING RACIAL GERRYMANDERING USING COMPUTATIONAL METHODS |
22 Columbia Science and Technology Law Review 346 (2021) |
In Rucho v. Common Cause, the Supreme Court held that challenges to partisan gerrymanders presented a nonjusticiable political question. This decision threatened to discard decades of work by political scientists and other experts, who had developed a myriad of techniques designed to help the courts objectively and unambiguously identify... |
2021 |
| Casey R. Johnson , Michael A. Gregg |
CALIFORNIA RACIAL JUSTICE LEGISLATION UPDATE 2021 |
63-SEP Orange County Lawyer 38 (September, 2021) |
Last year, the California legislature was flooded with racial justice legislative proposals--many introduced largely in response to what has now been confirmed was the murder of George Floyd. Due to any number of issues including politics-as-usual, posturing between the Assembly and the Senate, and significant time limitations for considering... |
2021 |
| Matt Reynolds |
CALL TO ACTION |
107-MAR ABA Journal 18 (February/March, 2021) |
Rep. Janelle Bynum, a Black member of the Oregon House of Representatives, was inspired to sponsor a bill against racial profiling in 911 calls after someone called the police on her as she went door-to-door in a Portland suburb to speak to constituents in an effort to keep her seat in the state house. It was the July Fourth weekend in 2018. Bynum... |
2021 |
| Idna G. Castellón |
CANCER ALLEY AND THE FIGHT AGAINST ENVIRONMENTAL RACISM |
32 Villanova Environmental Law Journal 15 (2021) |
Cancer Alley, also known as Petrochemical America, is an area along the Mississippi River spanning from Baton Rouge to New Orleans, Louisiana. Cancer Alley houses over 150 petrochemical plants and refineries. Petrochemical companies use these plants to refine crude oil . into a variety of petrochemicals that are then used to produce... |
2021 |
| Valerie C. Hughes |
CENSORSHIP vs. FREEDOM OF SPEECH: UNVEILING THE TENSION INDUCED BY CYBER RACISM |
24-JAN NBA National Bar Association Magazine 16 (January, 2021) |
One of the greatest gifts in America is the freedom of speech. However, some individuals in the United States have abused this liberty by sharing content that is hateful and discriminatory on online platforms. Recently, there has been a growing number of social networking websites seemingly devoted to sharing derogatory content that further... |
2021 |
| Dawn M. Hunter , Betsy Lawton |
CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE |
14 Saint Louis University Journal of Health Law & Policy 251 (2021) |
COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... |
2021 |
| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
| Adrien K. Wing |
CONCLUSION: TOWARDS RACIAL JUSTICE FOR BLACK IOWA 2021 |
24 Journal of Gender, Race and Justice 37 (Spring, 2021) |
I am delighted to write a brief conclusion to this historic issue of the Journal of Gender, Race & Justice. I remember over 25 years ago when the University of Iowa College of Law was considering whether it should approve a fourth student journal in addition to the Iowa Law Review, Journal of Corporation Law, and Transnational Law & Contemporary... |
2021 |
| Charles Lee |
CONFRONTING DISPROPORTIONATE IMPACTS AND SYSTEMIC RACISM IN ENVIRONMENTAL POLICY |
51 Environmental Law Reporter (ELI) 10207 (March, 2021) |
Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing disproportionate impacts in a manner that is empirically based, analytically rigorous, and has an evidentiary link to... |
2021 |
| Samantha Das |
CONSTITUTIONAL LAW--BLACK PRISONER DENIED MEDICAL ATTENTION: EIGHTH AMENDMENT RIGHTS VIOLATION versus INHERENT BIASES IN MEDICAL RACISM--SHERMAN v. CORCELLA, 2020 U.S. DIST. LEXIS 125931 (D. CONN. 2020) |
17 Journal of Health & Biomedical Law 295 (2021) |
Under the Eighth Amendment of the United States Constitution, it is prohibited for a prisoner to experience deliberate indifference to their serious medical needs by any employer or agent of a correctional facility. However, the burden is on the prisoner to show that the alleged deprivation is sufficiently serious and the defendant acted with a... |
2021 |
| Shane Stover, News Editor |
CONSUMER NEWS: THE NATION'S ANTIRACIST INTERVENTIONS TO FIGHT CONSUMER RACISM |
33 Loyola Consumer Law Review 441 (2021) |
A long overdue fight is at the forefront of the United States, and consumer law is playing a large role. This article shall address two antiracist interventions in support of racial equality within consumer law and represent important steps towards righting past wrongs of consumer racism. In December 2020, Senator Elizabeth Warren and Congressman... |
2021 |
| Jacquelyn Chacona, Esq., Gilberte Pierre, Esq. |
COVID SHINES BRIGHT LIGHT ON RACIAL INEQUITIES |
39-WTR Delaware Lawyer 10 (Winter, 2021) |
Food insecurity and housing stability, and the benefits of a tenant's right to counsel In recent memory, you can easily recall Hurricanes Floyd, Katrina, Maria, and Super Storm Sandy. We see flooding, tornadoes and wildfires destroy different parts of our country, and we mourn the losses created by those events for a while. The death and... |
2021 |
| Melba V. Pearson |
DATA AS A TOOL FOR RACIAL JUSTICE |
36-SPG Criminal Justice 4 (Spring, 2021) |
The year 2020 was one of the most tumultuous years in recent history. It brought a great deal of uncertainty and fear due to a pandemic that ran wild, high-profile deaths of unarmed people of color, and an election cycle that mirrored Groundhog Day. The deaths of Breonna Taylor, Ahmaud Arbery, and George Floyd generated a more widespread demand for... |
2021 |
| Laura G. Jensen |
DEADLY BIAS: WHY NORTH CAROLINA'S LEGACY OF SYSTEMIC RACISM WITHIN CAPITAL SENTENCING NECESSITATES THE REINSTATEMENT OF THE RACIAL JUSTICE ACT |
30 Boston University Public Interest Law Journal 251 (Summer, 2021) |
Introduction. 252 I. The Legacy of Racial Discrimination in Capital Sentencing. 254 A. The Equal Protection Clause and the Requirement of Purposeful Discrimination. 254 B. The History of Capital Punishment in North Carolina and Its Lasting Legacy. 256 C. The North Carolina Racial Justice Act's Purpose and Allowance of Statistical Evidence to Prove... |
2021 |
| John Gleeson, Partner, Debevoise & Plimpton LLC |
DEBEVOISE'S HOLLOWAY PROJECT AND "SECOND LOOKS": HOW CHALLENGING ONE DISCRETE RACIAL INEQUITY IN FEDERAL CRIMINAL JUSTICE CAN HELP PRODUCE SYSTEMIC CHANGE |
2021 Federal Sentencing Reporter 3086011 (June 1, 2021) |
Good for the Federal Sentencing Reporter for dedicating an Issue to Clemency. And good for Margaret Love, one of the leading lights on the topic, for guest editing it. The president's power to grant clemency is but one feature of a sentence-correction ecosystem. The others include direct appeals, collateral challenges, and retroactive amendments to... |
2021 |
| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (October 29, 2021) |
Abstract--The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |
| E. Tendayi Achiume |
DIGITAL RACIAL BORDERS |
115 AJIL Unbound 333 (2021) |
It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense--they allocate... |
2021 |
| Alison Siegler, William Admussen |
DISCOVERING RACIAL DISCRIMINATION BY THE POLICE |
115 Northwestern University Law Review 987 (2021) |
Abstract--For decades, it was virtually impossible for a criminal defendant to challenge racial discrimination by the police or prosecutors. This was because in United States v. Armstrong, 517 U.S. 456 (1996), the Supreme Court set an insurmountable standard for obtaining discovery in support of a selective prosecution claim. Equating the roles of... |
2021 |
| Justice Steven David, Angka Hinshaw |
DISCUSSING RACISM AND INEQUITIES WITH LEADERS OF INDIANA SUPREME COURT AND INDIANA STATE BAR ASSOCIATION |
64-APR Res Gestae 16 (April, 2021) |
Unlike most years, many people ended 2020 exhausted, defeated and ready for change. Many of those individuals are ready to shift gears and recalibrate old ways. These New Year's resolutions are not focused on recalibrating the physical body, but the mind. 2020 left many, particularly people of color, hurt, betrayed, unheard, and feeling others... |
2021 |
| Melissa Ballengee Alexander |
DISTRIBUTIVE JUSTICE AND RACIAL HEALTH EQUITY: WHAT COVID-19 TEACHES ABOUT MEDICARE'S BLANKET PRIORITY FOR AMERICANS OF ADVANCED AGE |
51 University of Memphis Law Review 823 (Summer, 2021) |
I. Introduction. 824 II. The United States Rations Health Care Based on Ability to Pay While Providing Special Assistance to Individuals of Advanced Age. 828 A. A Third of Americans Lack Access to Needed, Beneficial Care Because They Cannot Afford to Pay. 828 B. The Government Funds Care for Individuals of Advanced Age Regardless of Wealth, While... |
2021 |
| Jennifer M. Lechner , B. Leigh Wicclair |
DRIVEN TO DESPAIR: CONFRONTING RACIAL INEQUITY IN NORTH CAROLINA'S LICENSE SUSPENSION PRACTICES |
43 Campbell Law Review 203 (2021) |
Hundreds of thousands of North Carolina drivers have a suspended license for unpaid traffic court fines and fees. The practice of suspending drivers' licenses for unpaid fines and fees is inequitable and counterproductive. This practice disenfranchises rural drivers and those facing poverty and creates a significant obstacle to employment.... |
2021 |
| Andrew T. Hayashi |
DYNAMIC PROPERTY TAXES AND RACIAL GENTRIFICATION |
96 Notre Dame Law Review 1517 (March, 2021) |
Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with--and may be... |
2021 |
| Gary J. Simson |
ELECTION LAWS DISPROPORTIONATELY DISADVANTAGING RACIAL MINORITIES, AND THE FUTILITY OF TRYING TO SOLVE TODAY'S PROBLEMS WITH YESTERDAY'S NEVER VERY GOOD TOOLS |
70 Emory Law Journal 1143 (2021) |
In the final weeks leading up to the 2020 national election, scarcely a day seemed to pass without news of a challenge to, or court decision on, a state election law that, though race-neutral on its face, was likely to disproportionately disadvantage racial minorities. Sadly, state legislative activities since the election have offered little... |
2021 |
| Paul Heaton |
ENHANCED PUBLIC DEFENSE IMPROVES PRETRIAL OUTCOMES AND REDUCES RACIAL DISPARITIES |
96 Indiana Law Journal 701 (Spring, 2021) |
Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention. This... |
2021 |
| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
105 Minnesota Law Review Headnotes 481 (Spring, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at Americas law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact... |
2021 |
| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
47 Mitchell Hamline Law Review 224 (November, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America's law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial... |
2021 |
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
| Vivian D. Wesson |
ENVIRONMENTAL RACISM: HOW LAWYERS CAN HELP CLOSE THE CLIMATE GAP |
93-FEB New York State Bar Journal 34 (January/February, 2021) |
On August 29, 2005, Hurricane Katrina made landfall in the Gulf Coast region of the United States. The category 3 storm brought wind speeds in excess of 120 mph and a storm surge as high as 19 feet. For cities in the storm's path, like New Orleans, officials ordered mandatory evacuations. Many New Orleans residents, though, lacked the financial... |
2021 |
| William C.C. Kemp-Neal J.D. |
ENVIRONMENTAL RACISM: USING ENVIRONMENTAL PLANNING TO LIFT PEOPLE OUT OF POVERTY, AND RE-SHAPE THE EFFECTS OF CLIMATE CHANGE & POLLUTION IN COMMUNITIES OF COLOR |
32 Fordham Environmental Law Review 295 (Symposium-Spring, 2021) |
Long before the phrase I can't breathe became a rallying cry for Black Lives Matter activists protesting the deaths of Black people at the hands of police, environmental-justice activists warned that pollution was choking and killing people of color in the U.S. In the mid-1900s the United States began to see a rise in concern for environmental... |
2021 |
| Gracen Eiland |
ERASING RACE: THE ROLE OF REPUBLICANISM AND RACISM IN FRENCH CONSTITUTIONAL JURISPRUDENCE |
35 Temple International and Comparative Law Journal 167 (Summer, 2021) |
In the summer of 2018, France's parliament voted to remove the word race from the country's constitution in an effort to pursue its colorblind approach to combatting racism. Traditional French secularism stresses the non-existence of race, but by refusing to acknowledge race, France also refuses to acknowledge the reality of racism within its... |
2021 |