AuthorTitleCitationSummaryYear
Nicholas Mignanelli LEGAL RESEARCH AND ITS DISCONTENTS: A BIBLIOGRAPHIC ESSAY ON CRITICAL APPROACHES TO LEGAL RESEARCH 113 Law Library Journal 101 (Spring, 2021) What is Critical Legal Research? What is critical about critical legal information literacy? What is a critical law librarian, and what must one do to be one? This bibliographic essay attempts to answer these questions in the course of providing a comprehensive introduction to the history, literature, and practices found at the intersection of... 2021
Antje du Bois-Pedain MASS INCARCERATION, PENAL MODERATION, AND BLACK PRISONERS SERVING VERY LONG SENTENCES: THE CASE FOR A TARGETED CLEMENCY PROGRAM 24 New Criminal Law Review 655 (Fall, 2021) The prevalent criminal justice practices in the U.S. have produced levels and patterns of incarceration that fewer and fewer politicians, scholars, and citizens care to support. There seems to be widespread consensus that the system is indicted as unjust by its outcomes no matter how these outcomes came about. But if that is so, how can it be... 2021
Russell K. Robinson MAYOR PETE, OBERGEFELL GAYS, AND WHITE MALE PRIVILEGE 69 Buffalo Law Review 295 (April, 2021) 296 Introduction. 296 I. Challenging Anti-Gay Stereotypes. 303 II. Is Pete Gay Enough?. 309 III. Pete as a Symbol of Respectability Politics. 316 A. An Examination of Racialized Respectability Politics in the Don't Ask, Don't Tell and Marriage Equality Movements. 317 B. Analyzing Buttigieg's Candidacy as the Embodiment of the Gay and... 2021
Mike Hoa Nguyen , Douglas H. Lee , Liliana M. Garces , OiYan A. Poon , Janelle Wong MOBILIZING SOCIAL SCIENCE RESEARCH TO INFORM JUDICIAL DECISION-MAKING: SFFA v. HARVARD 28 Asian American Law Journal 4 (2021) In the fall of 2019, the United States District Court for the District of Massachusetts upheld the legality of Harvard's race-conscious admissions process in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. In his appeal of the ruling, Students for Fair Admissions (SFFA) President Edward Blum continued his efforts to... 2021
Rachel Guy NATION OF MEN: DIAGNOSING MANOSPHERIC MISOGYNY AS VIRULENT ONLINE NATIONALISM 22 Georgetown Journal of Gender and the Law 601 (Spring, 2021) I. Introduction. 602 II. Defining Manospheric Misogyny. 603 A. The Manosphere. 603 B. Enacting Structural Sexism through Manospheric Misogyny. 606 III. Manospheric Misogyny as Nationalism. 610 A. A Regressive Cultural Nationalism. 611 B. An Imagined Community in Anti-Feminism. 614 1. Oppositional Identity. 615 2. Grievance. 616 3. Recruitment. 618... 2021
Steven Arrigg Koh OTHERING ACROSS BORDERS 70 Duke Law Journal Online 161 (May, 2021) Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering... 2021
Peter H. Huang PANDEMIC EMOTIONS: THE GOOD, THE BAD, AND THE UNCONSCIOUS--IMPLICATIONS FOR PUBLIC HEALTH, FINANCIAL ECONOMICS, LAW, AND LEADERSHIP 16 Northwestern Journal of Law & Social Policy 81 (Spring, 2021) Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people's responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This... 2021
Daiquiri J. Steele PRESERVING PANDEMIC PROTECTIONS 42 Berkeley Journal of Employment and Labor Law 321 (2021) Though violations of workplace laws are typically viewed as private matters between employee and employer, such violations often transcend these private relationships and impact third parties and the broader society. As an important example, violations of workplace laws can impact public health, particularly during public health emergencies like... 2021
Katie Raitz PUBLIC HEALTH AND RACIAL INEQUALITY: WHY THE OPPORTUNITY ZONE PROGRAM FAILS LOW-INCOME COMMUNITIES AND COSTS LIVES 12 UC Irvine Law Review 315 (November, 2021) The rich man's dog gets more in the way of vaccination, medicine and medical care than do the workers upon whom the rich man's wealth is built. Poor health outcomes are linked to long-standing wealth disparities for people of color in the United States. Wealth inequality has gotten worse over the past decades, despite attempts to improve it. The... 2021
Eric M. Adams, University of Alberta, Faculty of Law R.W. KOSTAL, LAYING DOWN THE LAW: THE AMERICAN LEGAL REVOLUTIONS IN OCCUPIED GERMANY AND JAPAN, CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2019. PP 472. $55.00 CLOTH (ISBN 9780674052413) 39 Law and History Review 405 (May, 2021) In the fall of 1945, Assistant Secretary of War John McCloy scribbled a note to a colleague reflecting on the challenge that lay before them. Having recently returned to Germany from Japan--the other of the United States' two monumental projects of transformational occupation--McCloy summed up the situation facing the American military in blunt... 2021
Ric Simmons RACE AND REASONABLE SUSPICION 73 Florida Law Review 413 (March, 2021) The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... 2021
Asad Rahim RACE AS UNINTELLECTUAL 68 UCLA Law Review 632 (October, 2021) For the past forty years, efforts to racially integrate the nation's most selective universities have coalesced around a central idea: underrepresented racial minorities have unique perspectives, and universities are unable to provide the highest quality of education without incorporating those perspectives into their campus community. When... 2021
Yuvraj Joshi RACIAL TRANSITION 98 Washington University Law Review 1181 (2021) The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... 2021
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021
Matiangai Sirleaf RACIAL VALUATION OF DISEASES 67 UCLA Law Review 1820 (April, 2021) Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... 2021
Dr. Ying Chen REGULATING CYBER RACISM IN THE UNITED STATES: LEGAL AND NON-LEGAL RESPONSES FROM A COMPARATIVE PERSPECTIVE 38 Wisconsin International Law Journal 477 (Summer, 2021) The global outbreak of COVID-19 in 2020 unleashed virulent xenophobia and a tide of racial hatred. There have been increasing reports of racist hostility in the digital environment. Former President Trump's racist remarks on social media platforms allowed these divides to resurface in the United States. Racial hostility in the virtual world has... 2021
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021
  RIGHT TO A JURY TRIAL 50 Georgetown Law Journal Annual Review of Criminal Procedure 651 (2021) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2021
John G. Browning RIGHTING PAST WRONGS: POSTHUMOUS BAR ADMISSIONS AND THE QUEST FOR RACIAL JUSTICE 21 Berkeley Journal of African-American Law & Policy 1 (2021) Introduction. 1 I. Takuji Yamashita. 4 II. George Vashon. 9 III. Hong Yen Chang. 14 IV. Sei Fujii. 21 V. William Herbert Johnson. 25 VI. J.H. Williams, And More Stories To Be Told. 28 Conclusion. 34 Appendix A. 37 Appendix B. 38 Appendix C. 41 Appendix D. 42 2021
Osamudia James RISKY EDUCATION 89 George Washington Law Review 667 (May, 2021) Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state's abdication of responsibility for public education, particularly against a backdrop of rising economic and social insecurity... 2021
Preston C. Green III , Bruce D. Baker , Joseph O. Oluwole SCHOOL FINANCE, RACE, AND REPARATIONS 27 Washington and Lee Journal of Civil Rights and Social Justice 483 (Spring, 2021) C1-2Table of Contents I. Introduction. 484 II. Part I: Separate-But-Equal Era. 486 III. Part II: Black-White School Funding Disparities in the Aftermath of Brown. 490 A. Property Taxes. 491 B. Insufficient General State Aid. 494 C. Stealth Inequalities. 495 IV. Part III: School Desegregation Litigation. 496 A. Hobson v. Hansen. 497 B. Milliken v.... 2021
Deseriee Kennedy SEEKING ECONOMIC JUSTICE IN THE FACE OF ENDURING RACISM 33 Loyola Consumer Law Review 339 (2021) In 1967, Dr. Martin Luther King, Jr. gave a speech to Stanford University students about economic injustice titled The Other America. In that speech, Dr. Martin Luther King, Jr. stated that there are literally two Americas. One America is beautiful . in this America millions of young people grow up in the sunlight of opportunity. But tragically... 2021
Andrea Freeman SKIMMED REVISITED 57 California Western Law Review 331 (Spring, 2021) I did not get the chance to visit Reidsville, North Carolina, until after I submitted the last edits on Skimmed. Within minutes of setting foot in the town, I understood how such a terrible thing could have happened to the Fultz sisters there, in their birthplace. My first stop was Annie Penn Memorial Hospital (now Cone Health), where Annie Mae... 2021
Mark R. Killenbeck SOBER SECOND THOUGHT? KOREMATSU RECONSIDERED 74 Arkansas Law Review 151 (2021) How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer's caution about decisions that have harm[ed] not just the Court, but the Nation. Part of an Anticanon, resting on little more than naked racism and associated hokum and... 2021
Liane Jackson TARGETING HATE 107-JUL ABA Journal 9 (June/July, 2021) Intersection is a column that explores issues of race, gender and law across America's criminal and social justice landscape. The rise in hate crimes against Asian Americans in recent years shouldn't come as a shock. A long history of discrimination and racial prejudice piled the kindle; incendiary political rhetoric lit the fire. So now, in the... 2021
Bridget J. Crawford , Wendy C. Gerzog TAX BENEFITS, HIGHER EDUCATION, AND RACE: A GIFT TAX PROPOSAL FOR DIRECT TUITION PAYMENTS 72 South Carolina Law Review 783 (Spring, 2021) I. Introduction. 784 II. Higher Education Costs. 791 A. Tuition and Fees. 791 B. Student Debt and Loan Repayment. 792 III. Tax Benefits for Higher Education. 794 A. Overview of Income Tax Benefits. 794 B. Overview of Wealth Transfer Tax Benefits. 796 C. Tax Expenditures for Education. 799 IV. Aproposal to Eliminate Tax Benefits for Direct Payments... 2021
Mekonnen Firew Ayano TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET 28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... 2021
Eddie Bernice Johnson , Lawrence J. Trautman THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA 48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... 2021
Yong-Shik Lee THE LAST CALL FOR CIVIL RIGHTS: TOWARD ECONOMIC EQUALITY 37 Georgia State University Law Review 1265 (Summer, 2021) Over six decades have passed since the civil rights movement began in the mid-1950s, but American society has not yet fully realized the promise of the civil rights movement, which at its core embodies the protection and promotion of equity and dignity of all people. Despite the historic improvements that accord the legal protection of equal rights... 2021
David E. Bernstein THE MODERN AMERICAN LAW OF RACE 94 Southern California Law Review 171 (January, 2021) C1-2TABLE OF CONTENTS INTRODUCTION. 172 I. THE MODERN HISTORY OF FEDERAL RACIAL AND ETHNIC CATEGORIES. 187 A. Pre-1964: Official Minority Categories Emerge. 187 B. The 1964 Civil Rights Act and its Aftermath. 190 C. The Nixon Administration: The Philadelphia Plan, the Small Business Administration, the Interagency Commission, and the Origins of the... 2021
Mark Anthony Frassetto THE NONRACIST AND ANTIRACIST HISTORY OF FIREARMS PUBLIC CARRY REGULATION 74 SMU Law Review Forum 169 (October, 2021) This term, the Supreme Court will consider New York State Rifle & Pistol Ass'n v. Bruen, a Second Amendment challenge to New York State's concealed carry weapon licensing system. Bruen is the first major Second Amendment case that the Court will decide on the merits in more than a decade. Briefing by the plaintiffs and gun rights scholars has in... 2021
Ming Hsu Chen THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN THE CENSUS 96 New York University Law Review 901 (October, 2021) Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants' rights but based on their rights as current and future... 2021
Ming H. Chen , Hunter Knapp THE POLITICAL (MIS)REPRESENTATION OF IMMIGRANTS IN VOTING 92 University of Colorado Law Review 715 (Summer, 2021) Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of... 2021
Ciara Torres-Spelliscy THE POLITICAL BRANDING OF US AND THEM: THE BRANDING OF ASIAN IMMIGRANTS IN THE DEMOCRATIC AND REPUBLICAN PARTY PLATFORMS AND SUPREME COURT OPINIONS 1876-1924 96 New York University Law Review 1214 (October, 2021) In this piece, I examine the political branding of Asian immigrants by comparing the rhetoric used in the political platforms of the Democratic and Republican parties from 1876 to 1924 to the language deployed in U.S. Supreme Court opinions during the same time period. The negative verbiage repeated at national political conventions branded the... 2021
John D. Bessler THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS 61 Santa Clara Law Review 467 (2021) This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... 2021
Angela Onwuachi-Willig THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? 58 Houston Law Review 817 (Symposium, 2021) The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... 2021
Michele Goodwin , Erwin Chemerinsky THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 169 University of Pennsylvania Law Review 313 (January, 2021) Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... 2021
Eric L. Muller THERE WAS NOTHING "NEUTRAL" ABOUT EXECUTIVE ORDER 9066 74 Arkansas Law Review 297 (2021) There is no more appropriate place to discuss the Japanese American cases of World War II than in the pages of the Arkansas Law Review. This is not only because Arkansas was the only state outside the Western Defense Command to host not one but two of the War Relocation Authority's (WRA) concentration camps for Japanese Americans. It is because one... 2021
Robin Walker Sterling THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT 120 Michigan Law Review 451 (December, 2021) This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social... 2021
Samantha Brown TIKTOK: TIME TO EXPAND THE EQUAL PROTECTION CLAUSE 62 Jurimetrics Journal 49 (Fall, 2021) Anti-Asian sentiment in the United States increased during the COVID-19 pandemic. The Trump administration used this change in public opinion to justify taking aggressive action against China and Chinese companies. For example, then President Donald J. Trump extended the United States' tough stance on China to technology issues, as... 2021
Monika Batra Kashyap TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS 26 Michigan Journal of Race and Law 87 (Winter, 2021) C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... 2021
Dr. Vicki Huang TRADEMARKS, RACE AND SLUR-APPROPRIATION: AN INTERDISCIPLINARY AND EMPIRICAL STUDY 2021 University of Illinois Law Review 1605 (2021) The Supreme Court decision in Matal v. Tam sparked global controversy by striking down the proscriptions against registering racist slurs as trademarks. This Article investigates the impact of the case in two ways. First, by using scholarship from the social sciences, this Article examines the limits to the argument that racial slur-appropriation... 2021
Kelsey Scarlett, Lexi Weyrick TRANSFORMING THE FOCUS: AN INTERSECTIONAL LENS IN SCHOOL RESPONSE TO SEX DISCRIMINATION 57 California Western Law Review 391 (Spring, 2021) Intersectionality refers to the reality that a person's different identities (such as race, gender, and class, among others) exist simultaneously and when taken as a whole are what inform the discrimination they face. When Title IX, a law prohibiting sex discrimination in educational settings, was first passed by Congress in 1972, the only identity... 2021
Deborah N. Archer TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES 30 Journal of Affordable Housing & Community Development Law 253 (2021) Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... 2021
Deborah N. Archer TRANSPORTATION POLICY AND THE UNDERDEVELOPMENT OF BLACK COMMUNITIES 106 Iowa Law Review 2125 (July, 2021) Historian Manning Marable posited that [t]he most striking fact about American economic history and politics is the brutal and systemic underdevelopment of Black people. According to this theory, Black people have never been equal partners in the American Social Contract, because [our] system exists not to develop, but to underdevelop... 2021
Matthew Bender UNMUTED: SOLUTIONS TO SAFEGUARD CONSTITUTIONAL RIGHTS IN VIRTUAL COURTROOMS AND HOW TECHNOLOGY CAN EXPAND ACCESS TO QUALITY COUNSEL AND TRANSPARENCY IN THE CRIMINAL JUSTICE SYSTEM 66 Villanova Law Review 1 (2021) A defendant's fundamental right to a public trial, and the press and community's separate right to watch court, has been threatened by the shift to virtual hearings. These independent constitutional rights can be in harmony in some cases and clash in others. They cannot be incompatible. Public interest in criminal justice transparency is... 2021
  VI. PRISONERS' RIGHTS 50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... 2021
G. Alex Sinha VIRTUOUS LAW-BREAKING 13 Washington University Jurisprudence Review 199 (2021) A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... 2021
Rebecca Sharpless VIRUS AS FOREIGN INVADER: U.S. VOTERS & THE IMMIGRATION DEBATE 75 University of Miami Law Review 547 (Winter, 2021) Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held... 2021
Terry Ao Minnis VOTING IS A UNIVERSAL LANGUAGE: ENSURING THE FRANCHISE FOR THE GROWING LANGUAGE MINORITY COMMUNITY IN MINNESOTA 105 Minnesota Law Review 2597 (June, 2021) Minnesota has long held a reputation for being proactively prodemocratic and on the cutting edge of breaking down barriers to the ballot box and making voting more accessible. According to MIT Election Data and Science Lab's Election Performance Index, an objective measure that comprehensively assesses how election administration functions in each... 2021
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