| Vanessa Zboreak |
REGULATORY REPARATIONS |
14 Elon Law Review 215 (2022) |
I. Introduction. 215 II. Reparations frameworks. 219 A. Theories of Reparations Compensation. 219 B. Tort Theory & Limits of Reparations Litigation. 223 C. Reparations as Legislative Repair. 228 III. Regulatory Reparations Groundwork. 235 A. Reparative Regulatory Review. 236 B. Citizen Petitions for Reparations Review. 242 C. Complementarity with... |
2022 |
| Kendall Lawrenz |
REMEDYING THE HEALTH IMPLICATIONS OF STRUCTURAL RACISM THROUGH REPARATIONS |
90 George Washington Law Review 1018 (August, 2022) |
From the early introduction of slavery to the United States, not only did the economic prosperity of slavery depend on extracting reproductive labor from Black birthing people, but so did the field of medicine. Enslaved Black people were experimented on and forced to undergo inhumane procedures in the name of science, yet as the medical profession... |
2022 |
| Adam Coretz |
REPARATIONS FOR A PUBLIC NUISANCE? THE EFFORT TO COMPENSATE SURVIVORS, VICTIMS, AND DESCENDANTS OF THE TULSA RACE MASSACRE ONE HUNDRED YEARS LATER |
43 Cardozo Law Review 1641 (April, 2022) |
C1-2Table of Contents Introduction. 1642 I. Background. 1645 A. History of the Greenwood District and the 1921 Tulsa Race Massacre. 1645 B. History and Evolution of Public Nuisance as a Tort. 1649 C. Defining Public Nuisance at Common Law Today. 1651 D. Public Nuisance in Oklahoma. 1652 E. Tulsa Race Massacre Lawsuit. 1654 F. Race Reparations for... |
2022 |
| Martha M. Ertman |
REPARATIONS FOR RACIAL WEALTH DISPARITIES AS REMEDY FOR SOCIAL CONTRACT BREACH |
85 Law and Contemporary Problems 231 (2022) |
Acute crises such as the COVID-19 pandemic and the 2008 financial meltdown exposed and exacerbated chronic racial wealth disparities. Those disparities accumulated over time as government and private actions--often involving contracts--systemically benefitted White Americans and institutions at the expense of African-Americans. This Article focuses... |
2022 |
| Joyce Hope Scott |
REPARATIONS, RESTITUTION, AND TRANSITIONAL JUSTICE: AMERICAN CHATTEL SLAVERY & ITS AFTERMATH, A MORAL DEBATE WHOSE TIME HAS COME |
39 Wisconsin International Law Journal 269 (Spring, 2022) |
The Atlantic trafficking and subsequent enslavement of captive African men, women, and children represents the greatest crime of all time, the theft of humanity and personhood which resulted in a permanent state of dispossession, exile, and homelessness. This tragedy, nevertheless, provided the engine that enabled the rise of the economic empire of... |
2022 |
| Moushmi Patil |
REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK--WHITE BINARY |
170 University of Pennsylvania Law Review 1625 (June, 2022) |
When Asian immigrants first reached American shores in substantial numbers during the late 1800s, they were faced with a country that barely recognized Black citizens and a system that continually reinforced a Black--White binary. If Asian Americans wanted to attempt to obtain protections for themselves, they could not do so by asserting that those... |
2022 |
| Willie J. Epps, Jr. |
RESIGNATION IN PROTEST: JUDGE WILLIAM HASTIE'S UNCOMPROMISING BATTLE AGAINST DISCRIMINATORY TREATMENT OF BLACKS IN THE ARMED FORCES |
90 UMKC Law Review 549 (Spring, 2022) |
In November of 1940, less than a year before the attack on Pearl Harbor, Judge William H. Hastie was appointed to a prestigious position in the War Department to advise on policy concerning Blacks in the armed forces. Judge Hastie found the status of Black officers had improved since World War I but remained far from what it should be. He viewed... |
2022 |
| Ayesha Bell Hardaway |
RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT |
55 Connecticut Law Review 179 (December, 2022) |
Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... |
2022 |
| Destiny B. Barnett |
SAFEGUARDING AMERICA'S "UNNATURAL" GUARDIANS: HOW GEORGIA'S LEGAL GUARDIANSHIP STATUTE EXCLUDES "ATYPICAL," MATRIARCHAL FAMILIAL STRUCTURES ROOTED IN BLACK CULTURE |
57 Georgia Law Review 471 (Fall, 2022) |
The stereotypical American family is often seen as one man, one woman, and their child. However, this notion of the traditional family is changing. For centuries, familial matriarchs have assumed roles typically reserved for a child's biological parents. Specifically, African American grandmothers, aunts, and other female figures have served as... |
2022 |
| Cara Wieneke |
SCRAPPED, JUSTICE AND A TEEN INFORMANT BY LISA PEEBLES AND JOHN O'BRIEN, BLACK ROSE WRITING (2021) |
46-APR Champion 58 (April, 2022) |
As an appellate practitioner, I read trial transcripts of true crimes all day long in my practice. Usually, the last thing I want to read in my free time is more true crime. A good novel with a perfect ending is easier to read than the hypertechnical true crime story that always ends with the government's suspect behind bars. But Lisa Peebles and... |
2022 |
| Scott W. Stern |
SHADOW TRIALS, OR A HISTORY OF SEXUAL ASSAULT TRIALS IN THE JIM CROW SOUTH |
29 UCLA Journal of Gender & Law 257 (Summer, 2022) |
Based on an immense and heretofore underutilized archive of trial transcripts and legal briefs, this Article provides the first holistic study of sexual assault trials in the Jim Crow south. It reveals that, rather than merely procedures for determining legal guilt or innocence, these trials were also (and often primarily) rituals for discerning... |
2022 |
| Scott J. Shackelford , Isak Nti Asare , Rachel Dockery , Anjanette H. Raymond , Alexandra Sergueeva |
SHOULD WE TRUST A BLACK BOX TO SAFEGUARD HUMAN RIGHTS? |
26 UCLA Journal of International Law and Foreign Affairs 35 (Fall/Winter, 2022) |
The race to take advantage of the numerous economic, security, and social opportunities made possible by artificial intelligence (AI) is on--with states, intergovernmental organizations, cities, and firms publishing an array of AI strategies. Simultaneously, there are various efforts to identify and distill an array of AI norms. Thus far, there has... |
2022 |
| Marcel Kahan, Shmuel Leshem, New York University, Los Angeles |
SOVEREIGN DEBT AND MORAL HAZARD: THE ROLE OF COLLECTIVE ACTION AND CONTRACTUAL UNCERTAINTY |
65 Journal of Law & Economics 311 (May, 2022) |
The ambiguous phrasing of pari passu (equal treatment) clauses in sovereign debt contracts has long baffled commentators. We show that in the presence of asymmetric information about a sovereign borrower's ability to pay, an uncertain clause gives rise to a collective-action problem among creditors that can reduce the sovereign's moral hazard. By... |
2022 |
| Ryan Cook |
SPLITTING HEIRS: HOW HEIRS' PROPERTY CONTINUES THE LEGACY OF CHALLENGES TO THE ACCUMULATION OF WEALTH FOR BLACK AMERICANS |
32 University of Florida Journal of Law and Public Policy 573 (Summer, 2022) |
What happens to a dream deferred? -Langston Hughes When people die without executing estate planning instruments, their real property is divided to their heirs as tenants in common. Property owned in this arrangement is called heirs' property. The issues associated with heirs' property are compounded when several generations pass without proper... |
2022 |
| William B. Heberling |
STOP SURVEILLING MY GENRE!: ON THE BIOMETRIC SURVEILLANCE OF (BLACK TRANS) PEOPLE |
20 Seattle Journal for Social Justice 861 (Spring, 2022) |
Guide Quotes: [1] It is outrageous anybody should have to live with a target on their back. That is unacceptable. For me it is not being a trans man. I'm black first, trans second. I know the experience on both spectrums . I need to work twice as hard; it sucks right? . [B]eing a black man in America and Trans is just a double whammy almost. It is... |
2022 |
| Devon W. Carbado |
STRICT SCRUTINY & THE BLACK BODY |
69 UCLA Law Review Rev. 2 (March, 2022) |
When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... |
2022 |
| Isaiah Strong |
SURVEILLANCE OF BLACK LIVES AS INJURY-IN-FACT |
122 Columbia Law Review 1019 (May, 2022) |
Black communities have been surveilled by governmental institutions and law enforcement agencies throughout the history of the United States. Most recently, law enforcement has turned to monitoring social media, devoting an increasing number of resources and time to surveilling various social media platforms. Yet this rapid increase in law... |
2022 |
| Charisma Hunter |
THE BLACK FOURTH AMENDMENT |
80 Washington and Lee Law Review Online 171 (2022) |
Policing Black bodies serves at the forefront of the American policing system. Black bodies are subject to everlasting surveillance through institutions and everyday occurrences. From relaxing in a Starbucks to exercising, Black bodies are deemed criminals, surveilled, profiled, and subjected to perpetual implicit bias when participating in mundane... |
2022 |
| Henry Cohen |
THE BLACK MAN'S PRESIDENT: ABRAHAM LINCOLN, AFRICAN AMERICANS, & THE PURSUIT OF RACIAL EQUALITY, BY MICHAEL BURLINGAME, PEGASUS BOOKS, LTD., 2021, 313 PAGES; $29.95; A HOUSE BUILT BY SLAVES: AFRICAN AMERICAN VISITORS TO THE LINCOLN WHITE HOUSE, BY JONATHA |
69-APR Federal Lawyer 65 (March/April, 2022) |
On Aug. 14, 1862, Abraham Lincoln became the first U.S. president to invite a group of African Americans to the White House for an interview. Then he proceeded to lecture his guests--five men who were all well-educated members of Washington's black elite, as Jonathan W. White describes them in A House Built by Slaves--telling them that African... |
2022 |
| Laura M. Padilla |
THE BLACK--WHITE PARADIGM'S CONTINUING ERASURE OF LATINAS: SEE WOMEN LAW DEANS OF COLOR |
99 Denver Law Review 683 (Summer, 2022) |
The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other... |
2022 |
| Angela Onwuachi-Willig |
THE CRT OF BLACK LIVES MATTER |
66 Saint Louis University Law Journal 663 (Summer, 2022) |
Critical Race Theory (CRT), or at least its principles, stands at the core of most prominent social movements of today--from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact,... |
2022 |
| Shannon Malone Gonzalez , Samantha J. Simon , Katie Kaufman Rogers |
THE DIVERSITY OFFICER: POLICE OFFICERS' AND BLACK WOMEN CIVILIANS' EPISTEMOLOGIES OF RACE AND RACISM IN POLICING |
56 Law and Society Review 477 (September, 2022) |
Diversifying police forces has been suggested to improve police-minority relations amidst national uprisings against police violence. Yet, little research investigates how police and black civilians--two groups invoked in discourse on police-minority relations--understand the function of diversity interventions. We draw on 100 in-depth... |
2022 |
| Gabriel J. Chin *, Anna Ratner ** |
THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE |
29 Asian American Law Journal 17 (2022) |
For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... |
2022 |
| Paul Finkelman |
THE FIRST CIVIL RIGHTS MOVEMENT: BLACK RIGHTS IN THE AGE OF THE REVOLUTION AND CHIEF TANEY'S ORIGINALISM IN DRED SCOTT |
24 University of Pennsylvania Journal of Constitutional Law 676 (June, 2022) |
C1-2Table of Contents Introduction. 677 I. Taney's Racist and Historically Inaccurate Characterization of Blacks at the Founding. 679 II. Black Rights in the Context of the Revolution. 684 III. Inequality on the Eve of the American Revolution. 687 IV. Slavery from Antiquity to the Modern Era. 691 V. Slavery and Freedom on the Eve of the Revolution:... |
2022 |
| Aly McKnight |
THE HUMAN RIGHTS APPROACH TO ADDRESS BLACK MATERNAL MORTALITY: WHY POLICYMAKERS SHOULD LISTEN TO BLACK MOMS |
14 Northeastern University Law Review 679 (June, 2022) |
This article engages critically with issues of racism, sexism, and misogynoir. It also discusses maternal and infant death. This content has the potential to affect our readers. The Northeastern University Law Review feels this topic is important to address and amplify, but we urge readers to consider their own experiences and capacity before... |
2022 |
| Timothy Webster |
THE MINDS BEHIND THE MOVEMENT: THE ROLE OF ACADEMICS IN EAST ASIA'S WAR REPARATIONS LITIGATION |
54 Case Western Reserve Journal of International Law 141 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 141 II. Japanese Academics. 144 A. Miyazaki Shigeki <> (Japan) (1925-2016). 144 B. Tanaka Hiroshi <> (Japan) (1937-Present). 147 C. Utsumi Aiko <> (Japan) (1941-Present). 150 D. Yoshimi Yoshiaki <> (Japan) (1946-Present). 152 E. Onuma... |
2022 |
| Ashley Evans |
THE MISTREATMENT OF BLACK-OWNED BUSINESSES DURING THE FIRST AND SECOND ROUNDS OF THE PAYCHECK PROTECTION PROGRAM |
17 Rutgers Business Law Review 107 (Spring, 2022) |
Amid a global pandemic, the Paycheck Protection Program (PPP) severely discriminated against small Black-owned businesses. Combined with record closures because of COVID-19, further discrimination by the PPP and banking institutions will lead to the near eradication of small Black-owned businesses in America. The federal government needs to... |
2022 |
| Sophia DenUyl |
THE PARTICULAR HARMS OF THE "GOOD IMMIGRANT" versus "BAD IMMIGRANT" CONSTRUCTION ON BLACK IMMIGRANTS IN THE UNITED STATES |
36 Georgetown Immigration Law Journal 755 (Winter, 2022) |
In the fall of 2021, video and images surfaced of Border Patrol agents on horseback corralling and whipping Haitian migrants with their reins along the U.S.-Mexico border in Del Rio, Texas. These migrants were being rounded up for deportation under Title 42, a Trump-era provision invoked during the COVID-19 pandemic under the guise of public... |
2022 |
| John M. Kang |
THE POLITICAL URGENCY OF BLACK MANHOOD: FREDERICK DOUGLASS ON CONSTITUTIONAL THEORY |
52 New Mexico Law Review 341 (Summer, 2022) |
How did Frederick Douglass--one who was born a slave, one who had been denied all formal education, one who had been sundered from his family, one who had been starved, tortured, and, on occasion, nearly killed--manage to muster the courage to do something as bold as challenge the United States Supreme Court? This Article suggests that Douglass, in... |
2022 |
| Hon. Sandra Farragut-Hemphill , Ebony McCain |
THE RISE OF AFRICAN AMERICAN WOMEN JUDGES DURING THE PAST CENTURY |
67 Washington University Journal of Law & Policy 127 (2022) |
Ascension to the bench for African American women has historically been slow. At the formation of the Mound City Bar Association in 1922, there were few African American women lawyers in the United States. Nearly a century later in 2020, a rapidly increasing number of African American women have joined state and federal courts in Missouri and... |
2022 |
| Daniel Bartlett |
THE SEAL HAS BEEN LIFTED: NCAA AND PREDOMINANTLY WHITE COLLEGES MUST SOON STOP EXPLOITING THEIR BLACK ATHLETES |
11 American University Business Law Review 185 Rev. (2022) |
I. Introduction. 186 II. The Troubled History of Student-Athletes and the NCAA. 189 A. What is the NCAA and What is the Issue?. 190 B. Cases Where Student-Athletes Fell Short. 191 C. New Legislation to Level the Playing Field. 193 D. Attempting to Protect College Athletes. 195 E. The Exploitation of Black Athletes. 196 III. How the Passing of... |
2022 |
| Shelby Mitchell |
THE SOCIETAL AND PROSECUTORIAL UNDERVALUATION OF SEXUAL OFFENSES AGAINST BLACK MEN |
23 Rutgers Race & the Law Review 479 (2022) |
Showing emotion about being abused? It's not well-accepted. As a Black man, you've been broken down so much that you have to put on a face of being strong. We have a lot of pain that is unattended to. While facially, most jurisdictions now recognize that regardless of gender, anyone can be sexually assaulted or raped, males who have been sexually... |
2022 |
| Katherine Ranero |
THE SOUND OF RACIAL DISPARITY: COPYRIGHT LAW AND THE BLACK MUSICIAN |
23 Loyola Journal of Public Interest Law 108 (Spring, 2022) |
C1-2TABLE OF CONTENTS ABSTRACT. 108 INTRODUCTION. 109 I. American Copyright Law. 111 a. The 1909 Copyright Law. 112 b. The 1976 Copyright Act and the Sound Recording Act. 113 i. Arbitrary Methods of Isolation: Disciplinary or Administrative?. 114 ii. Fixation. 115 iii. Idea-Expression Doctrine. 115 II. Critical Race Theory and IP. 116 III. The... |
2022 |
| Kindaka Sanders |
THE WATCHMAN'S TIME TO KILL: THE RIGHT TO VIGILANTE JUSTICE IN THE JIM CROW SOUTH |
25 Journal of Gender, Race and Justice 355 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 355 A. Vigilante Justice. 363 B. Birth and Background of the 14th Amendment. 375 II. An Uninterrupted History of Un-Protection. 382 A. Federal Betrayal. 383 B. White Supremacy and White Impunity. 384 1. Jim Crow Massacres. 385 2. Jim Crow Lynchings. 388 3. Injustice on the Jury. 390 III. The Fourteenth... |
2022 |
| Bradley Rebeiro |
THE WORK IS NOT DONE: FREDERICK DOUGLASS AND BLACK SUFFRAGE |
97 Notre Dame Law Review 1511 (April, 2022) |
Since antiquity, political theorists have tried to identify the proper balance between ideals and pragmatism in political and public life. Machiavelli and Aristotle both offered prudence as an approach, but with different ends in mind: stability and the good, respectively. Among the many contributions Kurt Lash's two-volume set on the... |
2022 |
| Kevin J. Greene |
THIEVES IN THE TEMPLE: THE SCANDAL OF COPYRIGHT REGISTRATION AND AFRICAN-AMERICAN ARTISTS |
49 Pepperdine Law Review 615 (March, 2022) |
Copyright registration is the currency of copyright transactions in music, film, and television and is essential for pursuing infringement claims and ownership disputes. Despite copyright registration's outsized reach across the copyright spectrum and importance to the copyright industries, the U.S. Copyright Office does not verify claims of... |
2022 |
| John G. Browning |
UNDAUNTED |
51-FEB Colorado Lawyer 14 (February, 2022) |
In a 1924 address for the Denver Bar Association's Old Timers Day dinner honoring lawyers who had practiced in Colorado for 50 years or more, attorney Charles S. Thomas paid homage to the early lawyers of Colorado as the rugged pioneers of the profession, the leaders of their time. But all of the lawyers and judges Thomas discussed were white,... |
2022 |
| Regina Austin |
UNITED SKATES: A CALL FOR LEISURE JUSTICE FOR BLACK URBAN ADULT ROLLER SKATERS |
32 Marquette Sports Law Review 407 (Spring, 2022) |
The documentary United Skates is an exuberant celebration of a national community of Black adult roller skaters. It is also a deflating account of the obstacles they face in an environment where Blacks' access to leisure spaces has historically been and still is subject to restraints. It is difficult to find the words to describe the roller... |
2022 |
| José Maria Ortuño Aix, Department of Social Anthropology, University of Barcelona, Barcelona, Spain |
VINDICATORY JUSTICE AND THE COLONIAL ENCOUNTER |
93 IUS Gentium 165 (2022) |
Abstract The aim of this Chapter is to show that the legal system of the present-day Nigeria Tiv, belongs clearly to the type of vindicatory justice. Such a legal system did not act independent from other cultural elements of society, especially of the political-ritual sphere; according to its norms, individuals participate as members of... |
2022 |
| Kylee Gomez |
WALKING A MILE IN THEIR SHOES BEFORE JUDGING: OPTIMIZING JUDICIAL EMPATHY IN THE CRIMINAL SENTENCING OF BLACK AMERICANS WITH "IMPACT OF RACE AND CULTURE ASSESSMENTS" |
91 UMKC Law Review 171 (Fall, 2022) |
To empathize means to vicariously experience the feelings and thoughts of others to better understand their perspectives. We have all heard the maxim: before you judge another, you should walk a mile in that person's shoes. This age-old lesson, that we often first learn as children, takes on a new and deeper meaning as we mature and meet others who... |
2022 |
| Quiana-Joy Ochiagha |
WE SHALL OVERCOME SOME DAY . BUT NOT TODAY: BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE AND THE 21ST CENTURY VERSION OF JIM CROW |
49 Southern University Law Review 463 (Spring, 2022) |
In America, voting is the cornerstone of democracy. Whether a person submits an absentee ballot within the comfort of their own home, or spends a few minutes alone in-person draped away from the world on election day, the right to vote has afforded many people the opportunity to contribute to society. However, for many years after the... |
2022 |
| Carlissa R. Carson |
WELCOME TO THE BURN PIT: WHERE THE BLACK GOO OOZES AND THE GREEN PONDS GLOW |
82 Louisiana Law Review 677 (Spring, 2022) |
C1-2Table of Contents Abstract. 677 Introduction. 678 I. Burn Pits in the Gulf War. 682 A. Burn Pits Explained. 682 B. Notorious Burn Pits. 683 II. VA Disability Benefits. 686 A. Who is a Veteran?. 687 B. Characterization of Service. 688 C. Service Connection and Caluza. 691 D. Favorable Presumptions to Establish Service Connection. 693 III.... |
2022 |
| Jelani Jefferson Exum , David Niven |
WHERE BLACK LIVES MATTER LESS: UNDERSTANDING THE IMPACT OF BLACK VICTIMS ON SENTENCING OUTCOMES IN TEXAS CAPITAL MURDER CASES FROM 1973 TO 2018 |
66 Saint Louis University Law Journal 677 (Summer, 2022) |
The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd's resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police... |
2022 |
| Brielle Autumn Brown |
WHERE'S MY BALLOT?: WHY CONGRESS SHOULD AMEND HOUSE BILL H.R.1 TO INCLUDE A NATIONAL MANDATE OF DROP BOXES FOR FEDERAL ELECTIONS TO HELP PROTECT THE BLACK VOTE |
14 Drexel Law Review 405 (2022) |
Casting a ballot should be easy, but voter suppression continues to be an obstacle for many Black voters. The failure during Reconstruction to address Black suffrage, together with the proliferation of Jim Crow laws, enabled states to abridge the right to vote based on race. The Fifteenth Amendment was intended to eliminate racial restrictions at... |
2022 |
| Aaron Roberson |
WHITE HAIR ONLY: WHY THE CONCEPT OF IMMUTABILITY MUST BE EXPANDED TO ADDRESS HAIR DISCRIMINATION AGAINST BLACK WOMEN IN THE WORKPLACE |
99 University of Detroit Mercy Law Review 223 (Winter, 2022) |
Imagine you are a white woman in a Black dominated industry. You are fully qualified for a position in the company of your choosing. You apply to a company, receive an interview, and exceed expectations only to be turned away because your hairstyle was too straight. Not because your hair was in an unkept, dirty, or distracting style but because... |
2022 |
| Brandon Hasbrouck |
WHO CAN PROTECT BLACK PROTEST? |
170 University of Pennsylvania Law Review Online 39 (2022) |
Police violence both as the cause of and response to the racial justice protests following George Floyd's murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and... |
2022 |
| Amanda H. McDowell |
WITHIN THE ORBIT OF THE COURT OF FEDERAL CLAIMS: REQUIRING A MONEY-MANDATING CLAUSE TO COLLAPSE THE JURISDICTIONAL BLACK HOLE OF OTHER TRANSACTION AGREEMENT PERFORMANCE DISPUTES |
51 Public Contract Law Journal 369 (Spring, 2022) |
C1-2TABLE OF CONTENTS I. Introduction. 369 II. Background. 372 A. Traditional Government Contracts and the Christian Doctrine. 373 B. The Historical Background of Other Transaction Agreements. 375 C. Where Other Transaction Agreements Stand Today. 377 III. A Black Hole: The Jurisdictional Problem. 378 A. Forum by Process of Elimination. 379 B. The... |
2022 |
| Lyndsay Campbell, Faculty of Law and Department of History, University of Calgary, Calgary, Canada |
WIVES NOT SLAVES: PATRIARCHY AND MODERNITY IN THE AGE OF REVOLUTION. BY KRISTEN SWORD. CHICAGO AND LONDON: UNIVERSITY OF CHICAGO PRESS, 2021. 408 PP. $50.00 CLOTH |
56 Law and Society Review 147 (March, 2022) |
Kristen Sword's wonderful Wives Not Slaves: Patriarchy and Modernity in the Age of Revolution brings together the study of the transmission of law in the British Empire with the history of divorce and antislavery in the US. Old historical narratives about a quest for liberty driving the emergence of divorce in the postrevolutionary United States... |
2022 |
| Susan Stefan |
WYATT AND "PSYCHIATRIC JIM CROW" |
46 Law & Psychology Review 119 (2021-2022) |
C1-2Table of Contents I. Introduction. 120 II. History of the Marable Case. 122 III. Why Has the Marable Case Vanished in Mental Health Law?. 125 IV. Conclusion. 129 |
2022 |
| Benjamin H. Pollak |
"A NEW ETHNOLOGY": THE LEGAL EXPANSION OF WHITENESS UNDER EARLY JIM CROW |
39 Law and History Review 513 (August, 2021) |
Scholars of race and law have long agreed that American courts protected whiteness as any other form of property by defining it in ways that increased its value by reinforcing its exclusivity. This narrative has proved particularly seductive to scholars of the postbellum South, who have emphasized the ways in which Southern jurists and... |
2021 |