| Author | Title | Citation | Summary | Year | Keywords in Title or Summary |
| Joseph D. G. Castro |
NOT WHITE ENOUGH, NOT BLACK ENOUGH: REIMAGINING AFFIRMATIVE ACTION JURISPRUDENCE IN LAW SCHOOL ADMISSIONS THROUGH A FILIPINO-AMERICAN PARADIGM |
49 Pepperdine Law Review 195 (January, 2022) |
Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O'Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven diversity initiatives in... |
2022 |
Yes |
| Erin C. Carroll |
OBSTRUCTION OF JOURNALISM |
99 Denver Law Review 407 (Spring, 2022) |
Identifying oneself as press--with a badge on a lanyard, label on a helmet, or sign on a car--used to be a near-grant of immunity. It meant safer passage through dangerous terrain. But today, being recognizable as a journalist may be more likely to make one a target. Physical assaults against journalists in the United States increased nearly 1,400%... |
2022 |
|
| Gabriella Kamran |
OFF-WHITE: AL-KHAZRAJI AND SHAARE TEFILA'S POTENTIAL TO DE-ESSENTIALIZE ANTIDISCRIMINATION LAW |
17 Florida A & M University Law Review 129 (Fall, 2022) |
C1-2Table of Contents Introduction. 129 I. Al-Khazraji and Shaare Tefila on the Construction of Race. 130 II. Intersectionality, Whiteness, and the Arab Jew. 134 III. Conclusion and Implications for Antidiscrimination Law. 138 |
2022 |
Yes |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
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| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
|
| Khaled A. Beydoun |
ON TERRORISTS AND FREEDOM FIGHTERS |
136 Harvard Law Review Forum 1 (10/20/2022) |
The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... |
2022 |
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| Thomas Halper |
Orwellian Opinions: The Language of Power and The Power of Language |
11 British Journal of American Legal Studies 153 (Spring, 2022) |
In 1984 and other writings, George Orwell explored the language of power and the power of language. As illustrations of the abuses he identified, this essay analyzes a pair of famous constitutional opinions, Justice Brown's Plessy v. Ferguson and Justice Douglas' Griswold v. Connecticut. George Orwell, Justice Brown, Justice Douglas, white... |
2022 |
Yes |
| Farah Peterson |
OUR CONSTITUTIONALISM OF FORCE |
122 Columbia Law Review 1539 (October, 2022) |
The Founders' constitution--the one they had before the Revolution and the one they fought the Revolution to preserve--was one in which violence played a lawmaking role. An embrace of violence to assert constitutional claims is worked deeply into our intellectual history and culture. It was entailed upon us by the Founding generation, who sincerely... |
2022 |
|
| John A. Powell |
OVERCOMING TOXIC POLARIZATION: LESSONS IN EFFECTIVE BRIDGING |
40 Minnesota Journal of Law & Inequality 247 (Summer, 2022) |
Our world is in the throes of multiple global crises, from the Covid-19 pandemic to the onset of climate change. These crises have revealed deep dysfunctions in our societies. Undergirding these dysfunctions is widening political, economic, and social polarization. Polarization has intensified to such a degree that it now constitutes what political... |
2022 |
|
| Bertrall L. Ross II |
PARTISAN GERRYMANDERING AS A THREAT TO MULTIRACIAL DEMOCRACY |
50 Southwestern Law Review 509 (2022) |
In Common Cause v. Rucho, the Supreme Court initiated an era of redistricting without restraint. The Court opened the door to state legislatures to engage in the most extreme partisan gerrymandering in American history. As states redistrict after the 2020 census, many will focus on gerrymandering's threat to fair partisan representation at the... |
2022 |
|
| Ceci Lopez, JD, LLM , Dolores Calderón, JD, PhD |
PEDAGOGIES OF REFUSAL AS RACIAL REALIST PRAXIS |
20 Seattle Journal for Social Justice 1019 (Summer, 2022) |
As educators in an undergraduate legal program with a social justice mission, we understand our pedagogical practice and responsibility as one that reflects Derrick Bell's Racial Realism. In our classrooms, we acknowledge the inherently racist, sexist, gendered, and colonialist formations of law. We do not teach the study of law as a neutral... |
2022 |
|
| Luke Stark , Jevan Hutson |
PHYSIOGNOMIC ARTIFICIAL INTELLIGENCE |
32 Fordham Intellectual Property, Media and Entertainment Law Journal 922 (Summer, 2022) |
The reanimation of the pseudosciences of physiognomy and phrenology at scale through computer vision and machine learning is a matter of urgent concern. This Article--which contributes to critical data studies, consumer protection law, biometric privacy law, and antidiscrimination law--endeavors to conceptualize and problematize physiognomic... |
2022 |
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| Osagie K. Obasogie , Anna Zaret |
PLAINLY INCOMPETENT: HOW QUALIFIED IMMUNITY BECAME AN EXCULPATORY DOCTRINE OF POLICE EXCESSIVE FORCE |
170 University of Pennsylvania Law Review 407 (January, 2022) |
Recent instances of law enforcement killing community members and ensuing social movements have increased public attention on the issue of police use of force and the lack of officer accountability. Qualified immunity has been central to this discussion because the doctrine is often used to shield officers from civil lawsuits when plaintiffs bring... |
2022 |
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| Anthony Gregory |
POLICING JIM CROW AMERICA: ENFORCERS' AGENCY AND STRUCTURAL TRANSFORMATIONS |
40 Law and History Review 91 (February, 2022) |
These districts are not usually protected by police--rather victimized and tyrannized over by them. No one who does not know can realize what tyranny a low-grade white policeman can exercise in a colored neighborhood. W.E.B. Du Bois Scholars widely agree that law enforcers came to serve white supremacy in the post-Civil War United States. More... |
2022 |
Yes |
| Maya Chaudhuri |
POLICING THE BODY POLITIC |
69 UCLA Law Review 318 (March, 2022) |
This Comment focuses on the convergence of racialized policing and voter suppression of communities of color. While much attention has been given to the disenfranchisement of people upon felony conviction, there has been little attention paid to the policing and subsequent prosecution of people-- disproportionately Black and Latinx--for voting or... |
2022 |
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| Leah Goodridge |
PROFESSIONALISM AS A RACIAL CONSTRUCT |
69 UCLA Law Review Discourse 38 (2022) |
This Essay examines professionalism as a tool to subjugate people of color in the legal field. Professionalism is a standard with a set of beliefs about how one should operate in the workplace. While professionalism seemingly applies to everyone, it is used to widely police and regulate people of color in various ways including hair, tone, and food... |
2022 |
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| Paul Butler |
PROGRESSIVE PROSECUTORS ARE NOT TRYING TO DISMANTLE THE MASTER'S HOUSE, AND THE MASTER WOULDN'T LET THEM ANYWAY |
90 Fordham Law Review 1983 (April, 2022) |
[T]he master's tools will never dismantle the master's house. --Audre Lorde Introduction. 1983 I. The Master'S Tools Thesis: How IT Started/Where IT Landed. 1984 II. Lawyering the Master'S House. 1986 III. Progressive Prosecutors. 1988 A. Black Women Progressive Prosecutors. 1994 1. Aramis Ayala. 1995 2. Kim Foxx. 1996 B. Reforming the Master's... |
2022 |
|
| Marissa Jackson Sow |
PROTECT AND SERVE |
110 California Law Review 743 (June, 2022) |
There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... |
2022 |
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| Akilah M. Browne, A. Mychal Johnson |
PUBLIC LAND FOR PUBLIC GOOD: A CALL FOR A REPARATIVE APPLICATION OF THE PUBLIC TRUST DOCTRINE IN NEW YORK |
30 New York University Environmental Law Journal 303 (2022) |
Introduction. 304 I. The Racially Discriminatory History of American Property Law. 311 II. New York's Interpretation and Application of the Public Trust Doctrine. 313 III. An Expansive and Reparative Application of the Public Trust Doctrine. 317 Conclusion. 322 |
2022 |
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| Matthew C. Altman , Cynthia D. Coe |
PUNISHMENT THEORY, MASS INCARCERATION, AND THE OVERDETERMINATION OF RACIALIZED JUSTICE |
16 Criminal Law and Philosophy 631 (October, 2022) |
Accepted: 17 September 2021 / Published online: 26 September 2021 © The Author(s), under exclusive licence to Springer Nature B.V. 2021 In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S.... |
2022 |
|
| Jen Jenkins |
PU'UHONUA NOT PRISONS, A MANIFESTO |
46 Harbinger 103 (3/30/2022) |
Jen Jenkins chronicles how the Prison Industrial Complex, as a capitalist and white supremacist tool, has oppressed Native Hawaiian culture and people throughout its colonial history and into the present. Ultimately, Jenkins calls for prison abolition in Hawai'i, and urges policy makers and community members to center the self-determination of... |
2022 |
Yes |
| Marc Spindelman |
QUEER BLACK TRANS POLITICS AND CONSTITUTIONAL ORIGINALISM |
13 ConLawNOW 93 (2022) |
Oh friends, my friends--bloom how you must, wild until we are free. --Cameron Awkward-Rich, Cento Between the Ending and the End LGBTQIA+ communities are still learning how and why to center Black trans lives in their individual and collective politics. These communities are coming to understand the power of saying--as the Black Queer &... |
2022 |
|
| Catherine Hancock |
RACE AND DISORDER: THE CHICAGO EIGHT TRIAL JUDGE AND PROSECUTORS MEET THE CONSTITUTION AND BOBBY SEALE |
96 Tulane Law Review 819 (May, 2022) |
The expectation that justice is available is indispensable to society's spiritual well-being, and the judiciary is the institutional guarantee that this expectation is being met. I. Introduction: Trial Versus Appeal and the Trial Within a Trial. 820 II. When Race Is Unseen and Only Disorder Is Seen. 829 A. Who Was Blamed for the Courtroom... |
2022 |
|
| L. Danielle Tully |
RACE AND LAWYERING IN THE LEGAL WRITING CLASSROOM |
26 Legal Writing: The Journal of the Legal Writing Institute 195 (2022) |
It's September 2021. Race walks into my classroom. It walks in with me. It walks in with my students. Race hangs on the walls, lingers in the air, and moistens the soil. In an alternate narrative, one with a different historical trajectory, where those who came before us made vastly different choices, we would find ourselves facing a different... |
2022 |
|
| Edward A. Purcell, Jr. |
RACE AND THE LAW: THE VISIBLE AND THE INVISIBLE |
66 New York Law School Law Review 141 (2021/2022) |
I am an invisible man. -Ralph Ellison I don't see color. People tell me I'm white and I believe them because police call me sir. -Stephen Colbert Sometimes the law sees race, and sometimes it does not. Sometimes it recognizes race as legally relevant, in other words, and sometimes it does not. Over the centuries, American law has always... |
2022 |
Yes |
| Dylan C. Penningroth |
RACE IN CONTRACT LAW |
170 University of Pennsylvania Law Review 1199 (May, 2022) |
Modern contract law is rife with ideas about race and slavery and cases involving African Americans, but that presence is very hard to see. This Article recovers a hidden history of race in contract law, from its formative era in the 1870s, through the Realist critiques of the early 1900s to the diverse intellectual movements of the 1970s and 80s.... |
2022 |
|
| Jaya Ramji-Nogales |
RACE IN SECURITY |
116 AJIL Unbound 242 (2022) |
In Making Sense of Security, J. Benton Heath pushes the reader to tangle with two unresolved foundational questions about the use of security in international law: who decides questions of security, and on what grounds. This essay examines the role of race in both of those questions, identifying structures and mechanisms of racial subordination... |
2022 |
|
| Stephen W. Smith , Géraldine Faes-Smith |
RACE IN THE UNITED STATES: A VIEW FROM OUTER SPACE |
85 Law and Contemporary Problems 141 (2022) |
Chickens cackle around the cage. White chickens . Darn it--one goes bonkers in this country! Romain Gary In Bob Fosse's award-winning 1972 musical drama film Cabaret, a nightclub in Berlin is the dark glass through which the rise of Nazism in the early 1930s is chronicled. In one of his satirical songs, the MC, played by Joel Gray, entreats his... |
2022 |
Yes |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
|
| Eric S. Fish |
RACE, HISTORY, AND IMMIGRATION CRIMES |
107 Iowa Law Review 1051 (March, 2022) |
ABSTRACT: The two most frequently charged federal crimes are immigration crimes: the misdemeanor of entering the United States without inspection, and the felony of reentering the United States after deportation. Federal prosecutors charge tens of thousands of people with these two crimes each year. In 2019, these two crimes comprised a majority of... |
2022 |
|
| Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata |
RACE, PLACE, AND CITIZENSHIP: THE INFLUENCE OF SEGREGATION ON LATINO EDUCATIONAL ATTAINMENT |
40 Minnesota Journal of Law & Inequality 69 (Winter, 2022) |
As the population of the United States has diversified over the last fifty years, the nation's key sectors of housing, education, and labor have absorbed this diversity with varying degrees of receptivity. In 2019, Latinos continued their status as the nation's largest minority group, comprising nearly twenty percent of the population (18.5%),... |
2022 |
|
| Cyra Akila Choudhury |
RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE |
91 University of Cincinnati Law Review 1 (2022) |
Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... |
2022 |
|
| Atinuke O. Adediran |
RACIAL ALLIES |
90 Fordham Law Review 2151 (April, 2022) |
Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes... |
2022 |
Yes |
| Pavan S. Krishnamurthy |
RACIAL BIAS IN THE UNITED STATES ARMED FORCES: A THREAT TO NATIONAL SECURITY IN THE ERA OF RENEWED GREAT POWER COMPETITION |
29 Virginia Journal of Social Policy and the Law 31 (Winter, 2022) |
Introduction. 33 I. The History of International Security Environments. 35 A. The Cold War Era. 35 B. The Post-Cold War Era. 36 C. The Era of Renewed Great Power Competition. 36 II. Racial Bias in the United States Armed Forces. 38 Diagram 1: Racial Bias within Micro and Macro Perspectives. 40 A. Racial Bias in the Cold War Era. 40 B. Racial Bias... |
2022 |
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| E. Tendayi Achiume |
RACIAL BORDERS |
110 Georgetown Law Journal 445 (March, 2022) |
This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... |
2022 |
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| Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall |
RACIAL CAPITALISM IN THE CIVIL COURTS |
122 Columbia Law Review 1243 (June, 2022) |
This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... |
2022 |
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| Yuvraj Joshi |
RACIAL JUSTICE AND PEACE |
110 Georgetown Law Journal 1325 (June, 2022) |
The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... |
2022 |
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| Angela Onwuachi-Willig , Anthony V. Alfieri |
RACIAL TRAUMA IN CIVIL RIGHTS REPRESENTATION |
120 Michigan Law Review 1701 (June, 2022) |
Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of... |
2022 |
|
| Erika K. Wilson |
RACIALIZED RELIGIOUS SCHOOL SEGREGATION |
132 Yale Law Journal Forum 598 (11/17/2022) |
abstract. Carson v. Makin has several implications for the future of school-choice programs. This Essay explores one possibility: an increase in sectarian schools participating in state-funded school-choice programs, causing new forms of school segregation based on race and religion and impairing the democracy-enhancing functions of public... |
2022 |
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| Lili Levi |
RACIALIZED, JUDAIZED, FEMINIZED: IDENTITY-BASED ATTACKS ON THE PRESS |
20 First Amendment Law Review 147 (2022) |
The press is under a growing and dangerous form of attack through identity-based online harassment of journalists. Armies of online abusers are strategically using a variety of rhetorical tools (including references to lynching, the Holocaust, rape and dismemberment) to intimidate and silence non-white, non-male and non-Christian journalists. Such... |
2022 |
Yes |
| Elise C. Boddie |
RACIALLY TERRITORIAL POLICING IN BLACK NEIGHBORHOODS |
89 University of Chicago Law Review 477 (March, 2022) |
This Essay explores police practices that marginalize Black people by limiting their freedom of movement across the spaces of Black neighborhoods. In an earlier article, I theorized racial territoriality as a form of discrimination that excludes people of color from--or marginalizes them within--racialized White spaces that have a racially... |
2022 |
Yes |
| Mary Finley-Brook , Environmental Justice Researchers |
RACISM AND TOXIC BURDEN IN RURAL DIXIE |
46 William and Mary Environmental Law and Policy Review 603 (Spring, 2022) |
Rural pollution hotspots receive inadequate attention during impact assessments: low population density is strategically used to suggest rural areas lack critical importance. Local resistance led to a legal victory for Union Hill, Virginia, where a door-to-door household study of demographics and family heritage exposed data inequities and biases... |
2022 |
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| Adam Winkler |
RACIST GUN LAWS AND THE SECOND AMENDMENT |
135 Harvard Law Review Forum 537 (6/21/2022) |
For a significant portion of American history, gun laws bore the ugly taint of racism. The founding generation that wrote the Second Amendment had racist gun laws, including prohibitions on the possession or carrying of firearms by Black people, whether free or enslaved. A Florida law in 1825 authorized white people to enter into all Negro houses... |
2022 |
Yes |
| Patrick J. Charles |
RACIST HISTORY AND THE SECOND AMENDMENT: A CRITICAL COMMENTARY |
43 Cardozo Law Review 1343 (April, 2022) |
C1-2Table of Contents I. A Critical Examination of How and Why the Gun Control Is Racist Narrative Came to Be. 1345 II. A Critical Examination of How (and the Elusive Why) the Second Amendment Is Racist Narrative Came to Be. 1368 III. Racist History and the Second Amendment: The History-in-Law Case for a High Evidentiary Burden. 1375 |
2022 |
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| Tori Simkovic |
RAMOS RETROACTIVITY AND THE FALSE PROMISE OF TEAGUE v. LANE |
76 University of Miami Law Review 825 (Spring, 2022) |
When the Supreme Court changes course and announces a new rule of constitutional criminal law, the question remains: what happens to those imprisoned by the old practice now deemed unconstitutional? Since 1989, that question has been answered by Teague v. Lane, a restrictive holding that limits retroactivity by prioritizing judicial resources over... |
2022 |
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| Jennifer Eisenberg |
RAMOS, RACE, AND JUROR UNANIMITY IN CAPITAL SENTENCING |
55 Loyola of Los Angeles Law Review 1085 (Fall, 2022) |
C1-2Table of Contents Introduction. 1086 I. Overruling Apodaca and Non-unanimity in Sentencing. 1088 A. Arguments for and Against Unanimity. 1090 B. The Ramos Ruling. 1092 II. Reviewing Capital Sentencing Through the Unanimity Lens. 1093 A. The Jury's Role in Capital Sentencing: Ring and Hurst. 1095 B. Non-unanimity Bleeds into Capital Sentencing.... |
2022 |
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| Girardeau A. Spann |
RANDOM JUSTICE |
100 North Carolina Law Review 739 (March, 2022) |
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation's history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the... |
2022 |
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| Sarah A. Husk |
REBUFFING THE GAZE: TOWARD THE LEGAL RECOGNITION OF OWNERSHIP AND USE RIGHTS OF NONCONSENSUAL PHOTOGRAPHIC SUBJECTS |
26 U.C. Davis Social Justice Law Review 187 (Summer, 2022) |
C1-2Table of Contents Abstract. 189 I. Introduction: Through the Looking Glass. 190 II. Federal Copyright Law and the Protection of Photographic Images in the United States. 195 A. The Copyright Act. 195 1. Copyright Infringement. 197 a. Exceptions, Limitations, and Defenses: Fair Use. 199 b. Alternatives to Copyright Protection: Works in the... |
2022 |
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| Merritt E. McAlister |
REBUILDING THE FEDERAL CIRCUIT COURTS |
116 Northwestern University Law Review 1137 (2022) |
Abstract--The conversation about Supreme Court reform--as important as it is-- has obscured another, equally important conversation: the need for lower federal court reform. The U.S. Courts of Appeals have not seen their ranks grow in over three decades. Even then, those additions were stopgap measures built on an appellate triage system that had... |
2022 |
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| Jonathan P. Feingold |
RECLAIMING EQUALITY: HOW REGRESSIVE LAWS CAN ADVANCE PROGRESSIVE ENDS |
73 South Carolina Law Review 723 (Spring, 2022) |
Since the fall of 2020, right-wing forces have targeted Critical Race Theory (CRT) through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of Backlash Bills designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally... |
2022 |
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