AuthorTitleCitationSummaryYearKeywords in Title or Summary
Hayley Bork NO NEED FOR SPEED: THE INHERENT UNREASONABLENESS OF HIGH-SPEED POLICE CHASES AND A NEW APPROACH TO EXCESSIVE FORCE LITIGATION 88 Brooklyn Law Review 649 (Winter, 2023) But all our phrasing--race relations, racial chasm, racial justice, racial profiling, white privilege, even white supremacy--serves to obscure that racism is a visceral experience, that it dislodges brains, blocks airways, rips muscle, extracts organs, cracks bones, breaks teeth. You must never look away from this. You must always remember that... 2023 Yes
Laura Waldman NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS 26 CUNY Law Review 220 (Summer, 2023) I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... 2023  
Amna A. Akbar NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY 132 Yale Law Journal 2497 (June, 2023) Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... 2023  
Jennifer C. Nash ON MARCHING KARENS AND METAPHORICAL BLACK WOMEN 34 Yale Journal of Law & Feminism 40 (2023) In 2021, the New York Times published March of the Karens, an article that described a figure who symbolizes all that is wrong with contemporary feminism: Karen. Ligaya Mishan describes Karen as an interfering, hectoring white woman, the self-appointed hall monitor unloosed on the world, so assured of her status in society that she doesn't... 2023 Yes
Maya J. Williams ON THE FENCE ABOUT IMMIGRATION AND OVERPOPULATION: "ENVIRONMENTALISTS" CHALLENGE DHS POLICIES ON NEPA BASIS IN WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT v. MAYORKAS 34 Villanova Environmental Law Journal 301 (2023) Since the late 1990s, anti-immigration forces based on environmental concerns have been prevalent in the United States. Referred to as the greening of hate, organizations like the Sierra Club - one of the nation's most significant environmental organizations - have identified immigrants as the leading cause of overpopulation as well as urban... 2023 Yes
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  
Elizabeth Esch, David Roediger OVERSEERS, WHITENESS, AND THE CONTRADICTIONS OF THE SLAVE SYSTEM: AN INTRODUCTION 56 Creighton Law Review 109 (March, 2023) I. INTRODUCTION. 109 II. HEGEMONY, OVERSEERS, AND HEGEMONIC MASCULINITY. 112 III. OVERSEERS AND THE HISTORY OF MANAGEMENT. 115 2023 Yes
Professor E. Tendayi Achiume PANDEMIC BORDERS AND RACIAL BORDERS: KEYNOTE DELIVERED AT THE 2020 ANNUAL SYMPOSIUM OF THE UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS 27 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2023) C1-3Table of Contents I. Beginning in the Past. 3 II. Considering the Present. 8 III. Race as a Territorial Border. 12 2023  
Jessica L. Roberts PANES/PAINS OF PRIVILEGE 17 FIU Law Review 833 (Spring, 2023) In Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity, Kerri Lynn Stone masterfully describes how employment discrimination law fails to address the latent discriminatory attitudes toward women in the workplace. Interweaving personal accounts of professional women with legal doctrine... 2023  
S. Lisa Washington PATHOLOGY LOGICS 117 Northwestern University Law Review 1523 (2023) Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... 2023 Yes
Rona Kaufman PATRIARCHAL VIOLENCE 71 Buffalo Law Review 509 (May, 2023) For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women's inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist... 2023  
Rachel F. Moran PERSONHOOD, PROPERTY, AND PUBLIC EDUCATION: THE CASE OF PLYLER v. DOE 123 Columbia Law Review 1271 (June, 2023) Property law is having a moment, one that is getting education scholars' attention. Progressive scholars are retooling the concepts of ownership and entitlement to incorporate norms of equality and inclusion. Some argue that property law can even secure access to public education despite the U.S. Supreme Court's longstanding refusal to recognize a... 2023  
Bridget J. Crawford PINK TAX AND OTHER TROPES 34 Yale Journal of Law & Feminism 88 (2023) 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  
Carrie Leonetti PINKERTON GUARDS AND DEBTORS' PRISONS: THE HISTORICAL PRECURSORS TO THE MODERN PRACTICE OF RESTITUTION EXPLOITATION 58 Harvard Civil Rights-Civil Liberties Law Review 273 (Winter, 2023) This Article explores the use of criminal courts and prosecutors' offices to criminalize civil debt disputes and the relationship between the current criminalization regime and the historical use of debtors' prisons to punish individuals from lower socioeconomic status backgrounds and control Black Americans. It documents the rise of civil... 2023  
Keesha M. Middlemass PLEA DEALS AND PRISONER REENTRY--THE CONNECTION THAT IS MISSING FROM REENTRY CONVERSATIONS 20 Ohio State Journal of Criminal Law 27 (Fall, 2023) The United States is an incarcerating nation, and the criminal legal system is the dominant government enterprise used to avoid addressing serious social ills and ailments; in fact, serving time in prison has become the norm in disadvantaged communities. Despite some institutional variations across the criminal legal system, the passage and... 2023  
I. Bennett Capers POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT 136 Harvard Law Review 2044 (June, 2023) Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... 2023  
Brooks Holland, Steven Zeidman PROGRESSIVE PROSECUTORS OR ZEALOUS DEFENDERS, FROM COAST-TO-COAST 60 American Criminal Law Review 1467 (Fall, 2023) This Article challenges the narrative that the progressive prosecutor movement can meaningfully transform the criminal legal system and argues that the myopic focus on prosecutors as the solution to all that ails this system further diminishes the critical, and chronically under-resourced, role of the public defender. In presenting this claim, we... 2023  
Samuel D. Romano PROSECUTING THE MOB: USING RICO TO CREATE A DOMESTIC EXTREMISM STATUTE 80 Washington and Lee Law Review 967 (Spring, 2023) In 2021, Secretary of Homeland Security Alejandro Mayorkas asserted that [d]omestic violent extremism is the greatest terrorist-related threat facing the United States. Although domestic extremism is often characterized as a lone wolf threat, it is frequently spurred on by white supremacist and neo-Nazi organizations that use the internet to... 2023 Yes
Brenda Pfahnl PROTECTING AMERICAN BLOOD FROM "ALIEN CONTAMINATION": SHOULD STRICT SCRUTINY APPLY TO THE RACIST ROOTS OF 8 U.S.C. § 1326? UNITED STATES v. CARRILLO-LOPEZ, 555 F. SUPP. 3D 996 (D. NEV. 2021) 49 Mitchell Hamline Law Review 316 (April, 2023) I. Introduction. 318 II. Legislative History and the Influence of Eugenics in Immigration Law. 319 A. The Chinese Exclusion Act of 1882. 320 B. The Immigration Act of 1917. 321 C. The Immigration Act of 1924--The National Origins Act. 322 D. Act of 1929--The Undesirable Aliens Act. 323 E. Mexican Farm Labor Program (1942) (The Bracero Program).... 2023  
Uma Mazyck Jayakumar, William C. Kidder, Eddie Comeaux, Sherod Thaxton RACE AND PRIVILEGE MISUNDERSTOOD: ATHLETICS AND SELECTIVE COLLEGE ADMISSIONS IN (AND BEYOND) THE SUPREME COURT AFFIRMATIVE ACTION CASES 70 UCLA Law Review Discourse 230 (2023) Regardless of what the Supreme Court decides on the fate of affirmative action, this Essay highlights a need to address the unappreciated extent of advantage that the intercollegiate athletics system provides to affluent white students. Drawing on public data sets, we test for the presence of affluent white advantage via race-neutral preferences... 2023 Yes
Sahar F. Aziz RACE, ENTRAPMENT, AND MANUFACTURING "HOMEGROWN TERRORISM" 111 Georgetown Law Journal 381 (March, 2023) At what point does offensive speech cross the line from being constitutionally protected to criminal? Rarely--would be the response of a free speech purist. Indeed, the First Amendment is intended to protect unpopular, offensive, and even subversive speech. Although this lesson may be taught to American schoolchildren, it is not the lived... 2023  
Bennett Capers RACE, GATEKEEPING, MAGICAL WORDS, AND THE RULES OF EVIDENCE 76 Vanderbilt Law Review 1855 (November, 2023) Introduction. 1855 I. Race-ing Evidence. 1857 II. Frye, Daubert, Rule 702, and Magical Words. 1862 III. Reimagining Rule 702. 1872 Conclusion. 1876 2023  
Osagie K. Obasogie , Peyton Provenzano RACE, RACISM, AND POLICE USE OF FORCE IN 21ST CENTURY CRIMINOLOGY: AN EMPIRICAL EXAMINATION 69 UCLA Law Review 1206 (January, 2023) Race scholars have voiced concerns about the field of c riminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field's overly positivist approach that privileges white logics that obscure the nuance of race relations to methodological critiques on how the field... 2023 Yes
Natsu Taylor Saito RACE, RELIGION, AND NATIONAL IDENTITY REVIEW OF SAHAR AZIZ, THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM (UC PRESS, 2022) 50 Hastings Constitutional Law Quarterly 169 (March, 2023) C1-2Table of Contents Introduction. 169 I. Being Muslim in the United States. 171 II. Structural Drivers of Islamophobia. 173 III. National Identity in a Settler State. 175 Conclusion. 180 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) 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 Yes
Bennett Capers , Gregory Day RACE-ING ANTITRUST 121 Michigan Law Review 523 (February, 2023) Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... 2023  
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023  
Rachel F. Moran RACIAL EQUALITY, RELIGIOUS LIBERTY, AND THE COMPLICATIONS OF PLURALISM 50 Hastings Constitutional Law Quarterly 149 (March, 2023) C1-2Table of Contents I. Historical Injustices: The Meaning of Race. 150 II. Contemporary Wrongs and the Role of Racialization. 155 III. Demographic Change, Pluralism Anxiety, and the Challenges for Equality and Liberty. 162 IV. Conclusion. 166 2023  
Jessica Dixon Weaver RACIAL MYOPIA IN [FAMILY] LAW 132 Yale Law Journal Forum 1086 (30-Apr-23) 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  
Nantiya Ruan RACIAL PAY EQUITY IN "WHITE" COLLAR WORKPLACES 88 Brooklyn Law Review 519 (Winter, 2023) The racial wealth gap in America is wide and persistent. Long-standing and substantial wealth disparities between households in different racial and ethnic groups are simply staggering. In 2019, the typical White Family ha[d] eight times the wealth of the typical Black family and five times the wealth of the typical Hispanic family. Tellingly,... 2023 Yes
Yuvraj Joshi RACIAL TIME 90 University of Chicago Law Review 1625 (October, 2023) 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 Yes
Jessica M. Eaglin RACIALIZING ALGORITHMS 111 California Law Review 753 (June, 2023) There is widespread recognition that algorithms in criminal law's administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law--tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may... 2023  
Jon J. Lee RACISM AND TRADEMARK ABANDONMENT 91 George Washington Law Review 932 (August, 2023) As companies have come to terms with the fact that their brand names and imagery have connections to America's racist history, they have publicly announced their commitments to shed their ignominious trademarks. But, unlike a physical monument, a trademark cannot be destroyed or removed. Under the prevailing doctrine, abandoned trademarks return to... 2023  
Rory T. Weiler RACISM, CHANGE, AND ME 111 Illinois Bar Journal 8 (February, 2023) What it means to be a part of the conversation on race in America. AS WE CELEBRATE BLACK HISTORY MONTH, you will find in this edition of the Illinois Bar Journal a collection of topical mini-essays, one of which is this column (see page 20 for the rest of the collection). I want to thank former Board of Governor member Juan Thomas not only for his... 2023  
Helen Hershkoff, Fred Smith, Jr. RECONSTRUCTING KLEIN 90 University of Chicago Law Review 2101 (December, 2023) 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  
Athena D. Mutua REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH 100 Denver Law Review 553 (Spring, 2023) Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... 2023  
Penelope Andrews REFLECTIONS ON SOUTH AFRICA'S FIRST BLACK CHIEF JUSTICE, ISMAIL MAHOMED 57 Law and Society Review 444 (December, 2023) The law was in effect Mahomed's life. His visible and strong sense of justice and morality were his touchstone. He regarded the attainment of justice as being the ultimate rationale for all law. This sustained him throughout his illustrious career as an advocate and judge. (Rose-Innes, 2000) LSA Presidential Address 2021 (virtual meeting) Good... 2023  
Benjamin M. Gerzik REFORGING THE MASTER'S TOOLS: CRITICAL RACE THEORY IN THE FIRST-YEAR CURRICULUM 76 SMU Law Review Forum 34 (May, 2023) This Article examines why and how critical race theory (CRT) should be taught as a mandatory component of the first-year law school curriculum. Learning the fundamentals of critical race theory is not only important to empathetically understand and serve those around you, but necessary to understand the law as it is. The law's past and future... 2023  
Beth Caldwell REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP 98 Washington Law Review 787 (October, 2023) Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... 2023 Yes
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  
William N. Eskridge Jr. RELIANCE INTERESTS IN STATUTORY AND CONSTITUTIONAL INTERPRETATION 76 Vanderbilt Law Review 681 (April, 2023) People and companies rely on public law when they plan their activities; society relies on legal entitlements when it adapts to new technology, economic conditions, and social groups; legislators, administrators, and judges rely on settled law when they pass, implement, and interpret statutes (respectively). Such private, societal, and public... 2023 Yes
Kathryn Fitzgerald REMNANTS OF CASTE: BLACK FARMERS, WHITE FARMERS, CONGRESS, AND THE USDA 23 University of Maryland Law Journal of Race, Religion, Gender and Class 81 (Spring, 2023) Remnants of caste persist .. The challenge ahead is to demonstrate . why such subordination and the institutions that give rise to it are incompatible with the equality the Constitution promises. For decades, Black farmers faced discriminatory practices at the hands of the United States Department of Agriculture (USDA). Recently, however, a group... 2023 Yes
Matiangai Sirleaf RENDERING WHITENESS VISIBLE 117 American Journal of International Law 484 (July, 2023) Dear Editors in Chief: The recent uprising for racial justice marked a pivotal shift in national and global debates on race. One enduring legacy is that the language we use to speak, think, and label people is consequential. Most style guides that previously called for lowercasing Black altered their positions. This letter to the editors urges the... 2023 Yes
Darryl Heller REPARATIONS AND RESTORATIVE JUSTICE: A PATH TO RACIAL HEALING 20 Hastings Race and Poverty Law Journal 37 (Spring, 2023) C1-2Table of Contents Introduction. 37 Reparations as a response to racial injustice. 39 Restorative Justice: A New Paradigm for Reparations. 44 Accountability, Reparations, and Restorative Justice. 47 Conclusion. 51 2023  
Darryl Heller REPARATIONS AND RESTORATIVE JUSTICE: A PATH TO RACIAL HEALING 34 Hastings Journal on Gender and the Law 37 (Spring, 2023) C1-2Table of Contents Introduction. 37 Reparations as a response to racial injustice. 39 Restorative Justice: A New Paradigm for Reparations. 44 Accountability, Reparations, and Restorative Justice. 47 Conclusion. 51 2023  
Brian Concannon, Jr., Esq. , Kristina Fried, Esq. , Alexandra V. Filippova, Esq. RESTITUTION FOR HAITI, REPARATIONS FOR ALL: HAITI'S PLACE IN THE GLOBAL REPARATIONS MOVEMENT 55 University of Miami Inter-American Law Review 80 (Fall, 2023) Haiti's claim for restitution of the debt coerced by France in exchange for Haiti's 1804 independence has unique legal advantages that can open the door to broader reparations for the descendants of all people harmed by slavery. But in order to assert the claim, Haiti first needs help reclaiming its democracy from a corrupt, repressive regime... 2023  
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  
Frank Dukes, Ph.D. , Selena Cozart, Ph.D. RETHINKING SYSTEMS DESIGN FOR RACIAL JUSTICE & EQUITY: "WE DON'T WANT ANY OF THAT NEUTRALITY" AND OTHER LESSONS FROM MEDIATING RACE AND EQUITY 38 Ohio State Journal on Dispute Resolution 341 (2023) I. Introduction II. A Fractured Agreement III. Encountering White Supremacy Culture: Two Stories A. Selena B. Frank IV. Engagement with White Supremacy and White Supremacy Culture A. Frank B. Selena V. Encountering--and Challenging--White Supremacy Culture in Our Work VI. Lessons to Date A. A Belief That Positive Change Is Possible Given the Right... 2023 Yes
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  
Kaceylee Klein , Lisa R. Pruitt RURAL BASHING 57 University of Richmond Law Review 965 (Symposium 2023) C1-2Table of Contents Introduction. 966 I. Rural Bashing in the 2008 Presidential Election Cycle. 972 A. Distancing the Rural Other. 974 B. Disproportionate Political Power. 977 C. (Over)Investment in Rural America. 978 II. A Resurgence of Rural Bashing in the Era of Trump. 984 A. Crediting (or Blaming) Rural Voters for Trump's Election. 984 B.... 2023  
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