| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Jennifer M. Page, University of Zurich, jennifer.page@uzh.ch |
DEFENSIVE KILLING BY POLICE |
24 Journal of Ethics & Social Philosophy 315 (April, 2023) |
Law Review Articles and Other Secondary Sources |
|
All self-defense is undertaken under uncertain circumstances. If amid a violent encounter, someone pulls out and unlocks a gun, takes aim, and begins to squeeze the trigger, it is always possible for the gun to jam or be out of bullets. However, some self-defense scenarios are far more uncertain, where a person has not revealed a clear intent to... |
2023 |
|
| Brandon Hasbrouck |
DEMOCRATIZING ABOLITION |
69 UCLA Law Review 1744 (September, 2023) |
Law Review Articles and Other Secondary Sources |
|
When abolitionists discuss remedies for past and present injustices, they are frequently met with apparently pragmatic objections to the viability of such bold remedies in U.S. legislatures and courts held captive by reactionary forces. Previous movements have seen their lesser reforms dashed by the white supremacist capitalist order that retains... |
2023 |
|
| Lolita Buckner Inniss |
FOREWORD: EXPANDING THE BOUNDARIES OF KNOWLEDGE ABOUT SLAVERY AND ITS LEGACY |
94 University of Colorado Law Review 381 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
I taught Property Law for over twenty years before becoming the Dean of the University of Colorado Law School in 2021. In those years I covered the legal, economic, and social aspects of property, both historic and modern, and along the way addressed property in many of its iterations and forms. In my discussions of property law, I not only... |
2023 |
|
| Suzette M. Malveaux |
FOREWORD: LOOKING BACK TO MOVE FORWARD: EXPLORING THE LEGACY OF U.S. SLAVERY |
94 University of Colorado Law Review 373 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
This year, the 30th Annual Ira C. Rothgerber Conference brought together scholars, lawyers, and community leaders from all over the country to discuss one of the most salient issues today--the legacy of U.S. slavery. Centuries of systemic racism and discrimination following the brutal chattel slavery of African Americans has resulted in Black... |
2023 |
|
| Sujaya Rajguru |
FULFILLING THE PROMISES OF OUR PREAMBLE: A HOLISTIC APPROACH TO TRANSITIONAL JUSTICE IN THE UNITED STATES |
58 Harvard Civil Rights-Civil Liberties Law Review 355 (Winter, 2023) |
Law Review Articles and Other Secondary Sources |
|
The murder of George Floyd sparked renewed advocacy around racial justice. However, many Americans responded defensively to the increasingly widespread recognition of systemic racism and police brutality against Black Americans. Backlash to increased calls for racial justice manifested in the passage of anti-critical race theory bills by multiple... |
2023 |
|
| Asees Bhasin, Gregory Curfman, M.D. |
GUTTING GRUTTER: THE EFFECT OF THE LOSS OF AFFIRMATIVE ACTION ON DIVERSITY AMONG PHYSICIANS |
20 Indiana Health Law Review 1 (2023) |
Law Review Articles and Other Secondary Sources |
|
Over the last four decades, race-conscious admission policies have been the subject of heated judicial and social controversy. In 1978, in the case Regents of the University of California v. Bakke, the consideration of race was held to be permissible to serve the compelling interest of promoting diversity in higher education. Since then, this issue... |
2023 |
|
| Jonathan G. Blattmachr |
HOW WEALTH TRANSFER TAXES MIGHT REDUCE RACIAL WEALTH DISPARITY IN AMERICA |
20 Pittsburgh Tax Review 297 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
This Article will discuss what seems to be the impact of estate, gift and generation-skipping taxes (collectively and commonly referred to as wealth transfer taxes) imposed by the United States (Federal) on the disparity of wealth in America. It describes, in general terms, how those taxes work. It also describes, again in general terms, the... |
2023 |
|
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
20 Hastings Race and Poverty Law Journal 103 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
|
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
34 Hastings Journal on Gender and the Law 103 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
|
| Brandee McGee |
NO APOLOGY UNTIL ABOLITION: REDRESSING THE ONGOING ATROCITY OF SLAVERY |
60 San Diego Law Review 535 (August-September, 2023) |
Law Review Articles and Other Secondary Sources |
|
C1-2Table of Contents I. Introduction. 536 II. Mythologizing Black Criminality. 539 III. The Prison-Industrial Complex. 545 A. The Origin of the Penitentiary. 545 B. The Prison-Industrial Complex Today. 546 C. Broader Consequences of Mass Incarceration and How It Continues the Atrocity. 551 IV. Abolition. 553 V. Abolition Must Come Before or With... |
2023 |
|
| Julia Emtseva |
PHILANTHROPIC JUSTICE: THE ROLE OF PRIVATE FOUNDATIONS IN TRANSITIONAL JUSTICE PROCESSES |
44 Michigan Journal of International Law 219 (2023) |
Law Review Articles and Other Secondary Sources |
|
In recent years, political transitions have become a major area of interest to private actors, including philanthropies. More and more philanthropic foundations have chosen to donate money to support transitional justice processes across the globe. However, philanthropies often take on not only the role of a funder but also the role of an active... |
2023 |
|
| Bridget J. Crawford |
PINK TAX AND OTHER TROPES |
34 Yale Journal of Law & Feminism 88 (2023) |
Law Review Articles and Other Secondary Sources |
|
Abstract: Law reform advocates should be strategic in deploying tax tropes. This Article examines five common tax phrases--the nanny tax, death tax, soda tax, Black tax, and pink tax--and demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government... |
2023 |
|
| Keith H. Hirokawa |
RACE, SPACE, AND PLACE: INTERROGATING WHITENESS THROUGH A CRITICAL APPROACH TO PLACE |
29 William and Mary Journal of Race, Gender, and Social Justice 279 (Winter, 2023) |
Law Review Articles and Other Secondary Sources |
|
The Civil Rights Movement is long past, yet segregation persists. The wider society is still replete with overwhelmingly white neighborhoods, restaurants, schools, universities, workplaces, churches and other associations, courthouses, and cemeteries, a situation that reinforces a normative sensibility in settings in which black people are... |
2023 |
|
| Steven W. Bender |
RACIAL JUSTICE AND MARIJUANA |
59 California Western Law Review 223 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... |
2023 |
|
| Yuvraj Joshi |
RACIAL TIME |
90 University of Chicago Law Review 1625 (October, 2023) |
Law Review Articles and Other Secondary Sources |
|
Racial time describes how inequality shapes people's experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon,... |
2023 |
|
| R. Drew Smith, Ph.D. |
RACIAL-ETHNIC HARM AND HEALING: COMPARATIVE NATIONAL MECHANISMS FOR SOCIAL REMORSE AND REPAIR |
17 Liberty University Law Review 487 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
Today a sharp divide exists between Americans. Although they agree that racial harm occurred in this country's history, they disagree about the extent of harm to be acknowledged and the means of repair to achieve justice and social healing. The United States' history of (attempted) racial reconciliation includes initiatives by white Christians... |
2023 |
|
| Helen Hershkoff, Fred Smith, Jr. |
RECONSTRUCTING KLEIN |
90 University of Chicago Law Review 2101 (December, 2023) |
Law Review Articles and Other Secondary Sources |
|
This Article interrogates the conventional understanding of United States v. Klein, a Reconstruction Era decision that concerned Congress's effort to remove appellate jurisdiction from the Supreme Court in a lawsuit seeking compensation for abandoned property confiscated by the United States during the Civil War. Scholars often celebrate the... |
2023 |
|
| Greg Robinson |
REDRESS IN CANADA AND ITS HUMAN RIGHTS LEGACY |
52 Southwestern Law Review 81 (2023) |
Law Review Articles and Other Secondary Sources |
|
Eric Yamamoto's book Healing the Persisting Wounds of Historic Injustice: United States, South Korea and the Jeju 4.3 Tragedy is valuable not only for the study it provides of the tragic events in South Korea and its aftermath, but also for the insight it offers into the larger questions at play: How do we come to terms with historic injustice? How... |
2023 |
|
| Henry J. Richardson III |
REFLECTIONS ON RACE AND THE AMERICAN SOCIETY OF INTERNATIONAL LAW |
117 AJIL Unbound 31 (2023) |
Law Review Articles and Other Secondary Sources |
|
The American Society of International Law (ASIL) is a globally important American professional nongovernmental organization, organized by and for international lawyers as a learned society, and influential in its legal interpretations. For its first sixty years, it excluded African Americans. Subsequently, African Americans were allowed incremental... |
2023 |
|
| Phyllis C. Taite |
REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY |
10 Belmont Law Review 301 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... |
2023 |
|
| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
Law Review Articles and Other Secondary Sources |
|
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
|
| Antony Anghie |
RETHINKING INTERNATIONAL LAW: A TWAIL RETROSPECTIVE |
34 European Journal of International Law 7 (February, 2023) |
Law Review Articles and Other Secondary Sources |
|
This EJIL Foreword is a personal retrospective of the Third World Approaches to International Law (TWAIL) movement. It provides an account of the origins of TWAIL and the political and intellectual context in which it emerged during the 1990s. It outlines some of the key themes and concerns of TWAIL--including colonial continuities', capitalism,... |
2023 |
|
| Brett G. Roberts |
RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS |
21 Ave Maria Law Review 148 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... |
2023 |
|
| Diana Verm Thomson, Kayla A. Toney |
SACRED SPHERES: RELIGIOUS AUTONOMY AS AN INTERNATIONAL HUMAN RIGHT |
72 Catholic University Law Review 151 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn't. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This... |
2023 |
|
| Naomi Murakawa |
SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS |
69 UCLA Law Review 1430 (September, 2023) |
Law Review Articles and Other Secondary Sources |
|
Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... |
2023 |
|
| F. Michael Higginbotham |
SHADES OF JUSTICE: RACIAL PROFILING THEN AND NOW |
94 University of Colorado Law Review 533 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 533 I. Knowing Where You Come From. 534 II. The First Racial Profile. 538 III. The Presumption Continues. 541 Conclusion. 546 |
2023 |
|
| Adjoa A. Aiyetoro |
SOCIAL CONSTRUCTION OF RACE UNDERGIRDS RACISM BY PROVIDING UNDUE ADVANTAGES TO WHITE PEOPLE, DISADVANTAGING BLACK PEOPLE AND OTHER PEOPLE OF COLOR, AND VIOLATING THE HUMAN RIGHTS OF ALL PEOPLE OF COLOR |
94 University of Colorado Law Review 415 (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
INTRODUCTION. 416 I. The Social Construction of Race and White Supremacy. 419 II. The Lethal Nature of the Construction of the Racial Hierarchy and White Supremacy. 426 A. Slavery. 426 B. Post Slavery Violence and Terrorism: The Tulsa Race Massacre. 428 C. Ending the Human and Structural Internalization of the Lie of a Racial Hierarchy and White... |
2023 |
|
| Aneil Kovvali |
STARK CHOICES FOR CORPORATE REFORM |
123 Columbia Law Review 693 (April, 2023) |
Law Review Articles and Other Secondary Sources |
|
For decades, corporate law scholars insisted on a simple division of responsibilities. Corporations were told to focus exclusively on maximizing financial returns to shareholders while the government tended to all other concerns by adopting new regulations. As reformers challenged this orthodoxy by urging corporations to take action on pressing... |
2023 |
|
| Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
Law Review Articles and Other Secondary Sources |
|
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 |
|
| Jamila Jefferson-Jones |
THE ANTI-WOKE AND THE BLACK AMERICAN (WAKING) DREAM |
17 Florida A & M University Law Review xv (Spring, 2023) |
Law Review Articles and Other Secondary Sources |
|
This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the The American Dream Belongs to All of Us Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author... |
2023 |
|