Linda C. McClain, Robert Kent Professor of Law, Boston University School of Law BIGOTRY, PROPHECY, RELIGION, AND THE RACE ANALOGY IN MARRIAGE AND CIVIL RIGHTS BATTLES: RESPONDING TO COMMENTARIES ON WHO'S THE BIGOT? 36 Journal of Law and Religion 358 (August, 2021) Who's the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. By Linda C. McClain. Oxford: Oxford University Press, 2020. Pp. 304. $39.95 (cloth); $26.99 (digital). ISBN: 9780190877200. KEYWORDS: bigotry, civil rights law, marriage, prejudice, LGBTQ rights, racism, religious liberty One of the most rewarding parts of writing a book... 2021
Cristal Nova BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE 30 Annals of Health Law Advance Directive 231 (Spring, 2021) The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... 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
Alexis Hoag BLACK ON BLACK REPRESENTATION 96 New York University Law Review 1493 (November, 2021) When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... 2021
Daniel S. Harawa BLACK REDEMPTION 48 Fordham Urban Law Journal 701 (March, 2021) Introduction. 701 I. Revamping the Gross Disproportionality Standard for Excessive Punishment. 703 II. Rethinking Juvenile Life Without Parole. 710 III. Revisiting Racial Disparities in Capital Punishment. 714 Conclusion: The Anti-Racist Eighth Amendment. 718 2021
Doriane S. Nguenang Tchenga BLACK WOMEN'S HAIR AND NATURAL HAIRSTYLES IN THE WORKPLACE: EXPANDING THE DEFINITION OF RACE UNDER TITLE VII 107 Virginia Law Review Online 272 (November, 2021) Despite the Equal Employment Opportunity Commission's (EEOC) interpretation of Title VII as including cultural characteristics often associated with race or ethnicity, Black women have not successfully litigated the freedom to wear their hair in natural hairstyles in the workplace. Courts have held that racial discrimination in the workplace must... 2021
  Book Review 57 Criminal Law Bulletin 9 (2021) Gary Kowaluk is an Assistant Professor of Criminal Justice at Lincoln University in Jefferson City, Missouri. He graduated from the University of Missouri at Kansas City School of Law in 1994 and has been a member of the Missouri Bar Association since 1994. He also earned a M.A. in Sociology in 2000 and a Ph.D. in Sociology and the Social Sciences... 2021
Sawyer Like BURNING IN THE MELTING POT: AMERICAN POLICING AND THE INTERNAL COLONIZATION OF AFRICAN AMERICANS 22 Rutgers Race & the Law Review 333 (2021) We inherit the belief that the past does not matter - we can start over, we can go beyond the racial thinking that, deep down, nearly every American has known is not a wise way of thinking - the funny and often tragic part being that this anti-historical belief is itself an inheritance from our past. On May 25, 2020, George Floyd, a 46-year-old... 2021
Brendan Joseph Pratt CAGES AND COMPENSATORY DAMAGES: SUING THE FEDERAL GOVERNMENT FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 68 UCLA Law Review 288 (May, 2021) The Trump Administration's zero-tolerance, family separation policy tore thousands of children from their parents. Federal law enforcement officers at the border have caged infants and returned traumatized teenagers to parents only after long periods of detention. The government frustrated family reunification efforts, perhaps indefinitely, by... 2021
Kenya Glover CAN YOU HEAR ME?: HOW IMPLICIT BIAS CREATES A DISPARATE IMPACT IN MATERNAL HEALTHCARE FOR BLACK WOMEN 43 Campbell Law Review 243 (2021) Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians' implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by... 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
Rebecca Brown , Peter Neufeld CHIMES OF FREEDOM FLASHING: FOR EACH UNHARMFUL GENTLE SOUL MISPLACED INSIDE A JAIL 76 New York University Annual Survey of American Law 235 (2021) C1-2TABLE OF CONTENTS Introduction. 236 I. Scope of the Problem. 238 II. Foundational Reforms that Reveal Wrongful Convictions. 243 III. Reforms that Prevent Wrongful Convictions. 247 A. Eyewitness Misidentification. 248 1. Initial Reform Efforts. 250 2. Addressing Estimator Variables. 251 3. Where We Want To Go. 253 B. False Confessions. 255 1.... 2021
Taifha Natalee Alexander CHOPPED & SCREWED: HIP HOP FROM CULTURAL EXPRESSION TO A MEANS OF CRIMINAL ENFORCEMENT 12 Harvard Journal of Sports & Entertainment Law 211 (Spring, 2021) C1-2Table of Contents INTRODUCTION. 213 I. Mass Incarceration of Black Men. 216 II. The Intersection of Criminal Justice & Hip Hop. 220 A. Rap Lyrics as Evidence in Criminal Proceedings. 221 B. The Criminal Justice System's Perception of Black Men. 225 C. Prison as Rite of Passage, Not Deterrent. 228 III. Issues With The Probative Versus... 2021
Sara K. Rankin CIVILLY CRIMINALIZING HOMELESSNESS 56 Harvard Civil Rights-Civil Liberties Law Review 367 (Summer, 2021) The criminalization of homelessness refers to the enactment and enforcement of laws and policies that punish unsheltered people for surviving in public space, even when those individuals have no reasonable alternative. The constitutional and civil rights issues stemming from criminally charging unsheltered people for public survival are clear,... 2021
Naomi Mann CLASSROOMS INTO COURTROOMS 59 Houston Law Review 363 (Fall, 2021) The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... 2021
Radha Natarajan COMING TOGETHER FOR CHANGE; COMING TOGETHER TO REMEMBER 65-WTR Boston Bar Journal 23 (Winter, 2021) The sudden loss of Chief Justice Ralph Gants shook this community, even in a year when we faced a deluge of losses. The number of people affected by the news and the outpouring of stories about his impact underscore the many dimensions of his work, commitments, and leadership. While there is so much I could say about Chief Justice Gants--including... 2021
Ion Meyn CONSTRUCTING SEPARATE AND UNEQUAL COURTROOMS 63 Arizona Law Review 1 (Spring, 2021) Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery tools. In contrast, the new criminal rules denied defendants, often litigants of color, any power to discover information. Instead, the new... 2021
Anne-Marie Hakstian, Victoria Chase CONSUMER DISCRIMINATION IN THE HEALTH CARE INDUSTRY 33 Loyola Consumer Law Review 301 (2021) Title VI of the Civil Rights Act of 1964 prohibits discrimination on the ground of race, color, or national origin, by a program or activity receiving financial assistance from the federal government. Section 1557 of the Patient Protection and Affordable Care Act (ACA), in harmony with Title VI, protects consumers from discrimination on the basis... 2021
Victor M. Jones COVID-19 AND THE "VIRTUAL" SCHOOL-TO-PRISON PIPELINE 41 Children's Legal Rights Journal 105 (2021) On March 11, 2020, the World Health Organization (WHO) classified the COVID-19 disease as a global epidemiological pandemic, prompting an emergency response by countries that are members of WHO, including the United States. Two days later, the executive branch of the U.S. federal government declared the COVID-19 pandemic a national emergency, and... 2021
Ralph D. Gants, Paula M. Carey, former Chief Justice of the Supreme Judicial Court, Chief Justice of the Trial Court CREATING COURTS WHERE ALL ARE TRULY EQUAL 65-WTR Boston Bar Journal 4 (Winter, 2021) View and share the pdf version of the article here. Our beloved colleague and friend Ralph Gants was passionately committed to the ideal of providing equal justice for all and, in pursuit of that goal, as Chief Justice he worked tirelessly and persistently to eradicate racial and ethnic inequities from our legal system. His dedication to this cause... 2021
Laila L. Hlass , Lindsay M. Harris CRITICAL INTERVIEWING 2021 Utah Law Review 683 (2021) Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... 2021
E. Tendayi Achiume , Devon W. Carbado CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW 67 UCLA Law Review 1462 (April, 2021) By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... 2021
Kimberley Crockett CULTURALLY COURAGEOUS CONVERSATIONS 2021-SUM West Virginia Lawyer 42 (Summer, 2021) In his 1963 letter from the Birmingham jail, Martin Luther King Jr. wrote [i]njustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Culturally Courageous Conversations is a 2020 webinar and article series... 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
Marvel L. Faulkner DEAR COURTS: I, TOO, AM A REASONABLE MAN 48 Pepperdine Law Review 223 (January, 2021) There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American... 2021
Jonathan P. Feingold DEFICIT FRAME DANGERS 37 Georgia State University Law Review 1235 (Summer, 2021) Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice. Specifically, certain civil rights doctrines reward plaintiffs... 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
Catherine Siyue Chen, Fernando P. Cosio, Deja Ostrowski, Dina Shek DEVELOPING A PEDAGOGY OF COMMUNITY PARTNERSHIP AMIDST COVID-19: MEDICAL-LEGAL PARTNERSHIP FOR CHILDREN IN HAWAI'I 28 Clinical Law Review 107 (Fall, 2021) The Medical-Legal Partnership for Children in Hawai'i (MLPC) has partnered with low-income families in community health and public housing settings for over a decade to provide direct legal services and engage in systemic advocacy. The MLPC model of legal services is rooted in our pedagogy of community partnership that seeks to confront the... 2021
Jennifer S. Bard DEVELOPING LEGAL FRAMEWORK FOR REGULATING EMOTION AI 27 Boston University Journal of Science and Technology Law 271 (Summer, 2021) The skull should be designated as a domain of absolute privacy. No one should be able to probe an individual's mind against their will. We should not permit it with a court order. We should not permit it for military or national security. We should forgo the use of the technology under coercive circumstances even though using it may serve the... 2021
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