| Author | Title | Citation | Summary | Year |
| Bryan K. Scott, Esq. |
NEVADA AFRICAN AMERICAN ATTORNEY "FIRSTS" |
29-FEB Nevada Lawyer 8 (February, 2021) |
At a sad point in its colorful history, Las Vegas was known as the Mississippi of the West. Between 1930 and 1960, African Americans in Las Vegas were subjected to restrictions that rivaled the worst conditions in the deep south. Racial segregation (Jim Crow laws) was prevalent. While African American performers could work and entertain in... |
2021 |
| Bryan K. Scott, Esq. |
NEVADA AFRICAN AMERICAN TRAILBLAZING ATTORNEY "FIRSTS" CONTINUED |
29-APR Nevada Lawyer 30 (April, 2021) |
Since 1976, every U.S. president has officially recognized and designated February as Black History Month. For me and other African Americans, black history is not just during the shortest month of the year. It is every day of every month of every year of our lives. Black history is not only the history of African Americans. It is the history of... |
2021 |
| Frank Pasquale |
NORMATIVE DIMENSIONS OF CONSENSUAL APPLICATION OF BLACK BOX ARTIFICIAL INTELLIGENCE IN ADMINISTRATIVE ADJUDICATION OF BENEFITS CLAIMS |
84 Law and Contemporary Problems 35 (2021) |
Recent calls for administrative austerity have included demands that agencies do more with less as they make decisions about benefit eligibility. This economic logic dovetails with a business case for automating consideration of disputes. The field of computational legal studies suggests ways of deploying natural language processing to triage case... |
2021 |
| Chinyere Ezie |
NOT YOUR MULE? DISRUPTING THE POLITICAL POWERLESSNESS OF BLACK WOMEN VOTERS |
92 University of Colorado Law Review 659 (Summer, 2021) |
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's... |
2021 |
| Zsea Bowmani |
NOW IS THE TIME FOR BLACK QUEER FEMINIST ECOLOGY |
30 Tulane Journal of Law & Sexuality 123 (2021) |
In 1982, the late Black lesbian womanist and civil rights activist Audre Lorde aptly explained that [t]here is no such thing as a single-issue struggle, because we do not lead single-issue lives. Yet, the law and the legal academy continue to compartmentalize the diversity of life into single-issue subject areas. Criminal Law. Labor Law.... |
2021 |
| Amanda Alexander, JD/PhD |
NURTURING FREEDOM DREAMS: AN APPROACH TO MOVEMENT LAWYERING IN THE BLACK LIVES MATTER ERA |
5 Howard Human & Civil Rights Law Review 101 (Spring, 2021) |
Introduction. 102 I. Law and Power: Lessons from Detroit. 108 II. Building Power: Organizing, Visionary Organizing, and Freedom Dreams. 116 A. A Movement Lawyering Theory of Change. 121 III. The Detroit Justice Center's Approach: Defense, Offense, and Dreaming. 123 A. Our Values. 126 B. Our Approach in Practice. 130 1. Fighting Back Against the New... |
2021 |
| Scott DeVito |
OF BIAS AND EXCLUSION: AN EMPIRICAL STUDY OF DIVERSITY JURISDICTION, ITS AMOUNT-IN-CONTROVERSY REQUIREMENT, AND BLACK ALIENATION FROM U.S. CIVIL COURTS |
13 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Winter, 2021) |
Maybe ever'body in the whole damn world is scared of each other. Empirical studies find that Black Americans distrust the U.S. justice system because they believe that it will not treat them fairly. The well-developed empirical literature on race and the criminal justice system demonstrates that this belief is well founded. At the same time, the... |
2021 |
| Adam D. Fine , Jamie Amemiya , Paul Frick , Laurence Steinberg , Elizabeth Cauffman |
PERCEPTIONS OF POLICE LEGITIMACY AND BIAS FROM AGES 13 TO 22 AMONG BLACK, LATINO, AND WHITE JUSTICE-INVOLVED MALES |
45 Law and Human Behavior 243 (June, 2021) |
Objective: Although researchers, policymakers, and practitioners recognize the importance of the public's perceptions of police, few studies have examined developmental trends in adolescents and young adults' views of police. Hypotheses: Hypothesis 1: Perceptions of police legitimacy would exhibit a U-shaped curve, declining in adolescence before... |
2021 |
| |
PERSPECTIVES ON THE PRACTICE OF LAW IN ARKANSAS: THE EXPERIENCE OF THE AFRICAN-AMERICAN LAWYER |
56-WTR Arkansas Lawyer 14 (Winter, 2021) |
During the summer of 2020, The Arkansas Lawyer's editorial board considered how to bring into focus for Arkansas lawyers the issues underlying the protests following the deaths of George Floyd, Breonna Taylor and others. The panel discussion that follows is the result of that initiative. The editorial board sought panelists with different... |
2021 |
| Gwendoline M. Alphonso |
POLITICAL-ECONOMIC ROOTS OF COERCION--SLAVERY, NEOLIBERALISM, AND THE RACIAL FAMILY POLICY LOGIC OF CHILD AND SOCIAL WELFARE |
11 Columbia Journal of Race and Law 471 (July, 2021) |
The Article argues that at the core of the American neoliberal policy regime, of which child welfare is a critical part, lies an enduring raced family policy logic of two racially stratified standards: a punitive Black economic utility family standard and a supportive white domestic affection family standard, whose policy roots and practices trace... |
2021 |
| Noah A. Rosenblum |
POWER-CONSCIOUS PROFESSIONAL RESPONSIBILITY: JUSTICE BLACK'S UNPUBLISHED DISSENT AND A LOST ALTERNATIVE APPROACH TO THE ETHICS OF CAUSE LAWYERING |
34 Georgetown Journal of Legal Ethics 125 (Winter, 2021) |
Public interest impact litigation as currently practiced raises significant legal ethics concerns. This Article excavates the historical foundations of two of these difficulties and, on the basis of original archival research, uncovers a way around them. The Article focuses on two modern ethical dilemmas posed by impact litigation: conflicts of... |
2021 |
| Lauren Sudeall , Daniel Pasciuti |
PRAXIS AND PARADOX: INSIDE THE BLACK BOX OF EVICTION COURT |
74 Vanderbilt Law Review 1365 (October, 2021) |
In the American legal system, we typically conceive of legal disputes as governed by specific rules and procedures, resolved in a formalized court setting, with lawyers shepherding both parties through an adversarial process involving the introduction of evidence and burdens of proof. The often-highlighted exception to this understanding is the... |
2021 |
| Jelani Jefferson Exum |
PRESUMED PUNISHABLE: SENTENCING ON THE STREETS AND THE NEED TO PROTECT BLACK LIVES THROUGH A REINVIGORATION OF THE PRESUMPTION OF INNOCENCE |
64 Howard Law Journal 301 (Winter, 2021) |
Introduction. 302 L1-2 I. Presumed Punishable A. The Development of Race-Based Policing and the Presumption of the Need to Control Black People Through Force. 305 B. The Current Consequences of Being Presumed Punishable. 309 C. Police as the Tool of the Presumption. 311 D. The Trauma of Being Presumed Punishable. 315 II. The Presumption of... |
2021 |
| Victor C. Romero |
RACISM, INCORPORATED: RAMOS v. LOUISIANA AND JOGGING WHILE BLACK |
30 Southern California Interdisciplinary Law Journal 101 (Fall, 2020/2021) |
There is more to the U.S. Supreme Court's recent decision in Ramos v. Louisiana than its holding requiring unanimous state jury verdicts via the incorporation doctrine. The underlying debate among the Justices in Ramos about the salience of race in the law is a window into the current cultural moment. After identifying the racial debate underlying... |
2021 |
| Rujuta Nandgaonkar |
REACTION TO: "MORE THAN WHAT MEETS THE EAR: SPEECH TRANSCRIPTION AS A BARRIER TO JUSTICE FOR AFRICAN AMERICAN VERNACULAR ENGLISH SPEAKERS" |
13 Georgetown Journal of Law & Modern Critical Race Perspectives 105 (Winter, 2021) |
Alger's article focuses on the intersection of African American Vernacular English (AAVE) and errors in court transcription, which the article purports can result in a lack of due process for African American defendants across the criminal justice system. In her article, Alger suggests that inaccurate court transcriptions reveal biases among... |
2021 |
| Hawah Cyllah |
REACTION TO: "OF BIAS AND EXCLUSION: AN EMPIRICAL STUDY OF DIVERSITY JURISDICTION, ITS AMOUNT-IN-CONTROVERSY REQUIREMENT, AND BLACK ALIENATION FROM U.S. CIVIL COURTS" |
13 Georgetown Journal of Law & Modern Critical Race Perspectives 37 (Winter, 2021) |
DeVito's article is an empirical analysis that explores the impact of an ever-increasing amount-in-controversy requirement on the filing rate of Black claimants in U.S. civil courts. The results of DeVito's study show that (1) increasing the amount-in-controversy requirement has had a negative impact on the rate of civil suits filed by Black... |
2021 |
| Larry R. Daves |
RECONCILING OUR PAST |
50-OCT Colorado Lawyer 6 (October, 2021) |
On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... |
2021 |
| Norman M. Semanko |
RED PADDLE-BLUE PADDLE: CLEAN WATER ACT PING PONG |
64-APR Advocate 22 (March/April, 2021) |
The Clean Water Act (the Act), signed into law in 1972, established federal jurisdiction over navigable waters, defined in the Act as the waters of the United States. This serves as the basis for the permitting scheme and other programs set forth in the Act. The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have... |
2021 |
| |
REMARKS BY CHAIRMAN ROBERT C. "BOBBY" SCOTT (VA-03) |
39 Minnesota Journal of Law & Inequality 5 (Winter, 2021) |
2020 Summit for Civil Rights | University of Minnesota Law School, Georgetown University Law Center Friday, July 31, 2020 | 10:10 AM CDT Thank you, Dean Treanor, for your very kind introduction. I want to thank the University of Minnesota Law School, Workers' Rights Institute, Building One America, NAACP, and all the organizations that helped... |
2021 |
| Patrick Dankwa John |
REPARATIONS: 40 ACRES AND A MULE . WITH INTEREST |
35-AUG CBA Record 35 (July/August, 2021) |
For the answer to how the Negro's status came to be what it is does not lie essentially in the world of the Negro, but in the world of the white. In short, white America must assume the guilt for the black man's inferior status.--Dr. Martin Luther King Jr., Where Do We Go From Here, 1967 The U.S. House of Representatives recently passed H.B. 40,... |
2021 |
| Vincent R. Johnson II, M.A. |
SAMPLING AS TRANSFORMATION: RE-EVALUATING COPYRIGHT'S TREATMENT OF SAMPLING TO END ITS DISPROPORTIONATE HARM ON BLACK ARTISTS |
70 American University Law Review Forum 227 (May, 2021) |
The copyright doctrine governing the creation, publication, and sale of sample-based music makes it devastatingly expensive for artists to clear the samples that they use in their music. Consequently, most artists, aside from established artists with access to the deep pockets of their record labels, simply cannot afford to produce and release... |
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 |
| Madeline Dawn Nelson |
SCHOOL'S OUT FOR BLACK BOYS IN WISCONSIN: AN ANALYSIS OF WISCONSIN'S RACIST IMPLEMENTATION OF EXPULSION AND SUSPENSION LAW AND ITS INTERSECTION WITH WISCONSIN STUDENTS' OPPORTUNITIES FOR SUCCESS |
36 Wisconsin Journal of Law, Gender & Society 111 (Spring, 2021) |
Each day [a student] is not receiving an education is gone forever. No amount of money can replace the lost opportunity. If [the student] has been wrongfully expelled . the harm is enormous. Introduction. 112 I.Background of Student Discipline Law in Wisconsin's K-12 Public Schools. 114 A. Suspension Law in Wisconsin. 115 B. Expulsion Law in... |
2021 |
| Victor N. Baltera |
SEPARATE: THE STORY OF PLESSY v. FERGUSON AND AMERICA'S JOURNEY FROM SLAVERY TO SEGREGATION BY STEVE LUXENBERG (W. W. NORTON COMPANY, INC., 2019) 600 PAGES |
102 Massachusetts Law Review 99 (July, 2021) |
On June 7, 1892, Homer Plessy bought a ticket on the East Louisiana Railroad for a trip from New Orleans to Covington, La. Plessy was a light-skinned shoemaker of mixed race from an old New Orleans family that traced its roots back to the time of French and Spanish rule. His journey was a test to challenge the constitutionality of a new law. Two... |
2021 |
| Alessandro Storchi |
SEXUAL SLAVERY AS A WAR CRIME: A REFORM PROPOSAL |
42 Michigan Journal of International Law 369 (Winter, 2021) |
On July 8, 2019, the Trial Chamber VI of the International Criminal Court (ICC) convicted Bosco Ntaganda--a warlord in charge of the Forces Patriotiques pour la Libération du Congo--on eighteen counts of war crimes and crimes against humanity committed in the region of Ituri (Democratic Republic of Congo) in 2002-2003. The 539-page long decision... |
2021 |
| Trust Kupupika |
SHAPING OUR FREEDOM DREAMS: RECLAIMING INTERSECTIONALITY THROUGH BLACK FEMINIST LEGAL THEORY |
107 Virginia Law Review Online 27 (January, 2021) |
Black feminist legal theory has offered the tool of intersectionality to modern feminist movements to help combat interlocking systems of oppression. Despite this tremendous offering, intersectionality has become wholly divorced from its Black feminist origins. This is significant because without a deep engagement with Black feminist legal theory,... |
2021 |
| Alexandra Cotroneo |
SÍ, SE PUEDE: WHY THE AGRICULTURAL INDUSTRY'S "MUJERES IMPARABLES" FIGHT FOR ADEQUATE LEGAL REMEDIES FOR SURVIVORS OF SEXUAL ASSAULT MATTERS |
61 Santa Clara Law Review 627 (2021) |
The #metoo movement sparked cross-industry dialogue, illuminating the rampant sexual harassment within certain industries. While the Civil Rights Act of 1991 broadens the scope of available remedies to employees who endured sexual harassment in the workplace, the Act's statutory cap on compensatory and punitive damages inadequately redresses... |
2021 |
| Adelle Blackett , Alice Duquesnoy |
SLAVERY IS NOT A METAPHOR: U.S. PRISON LABOR AND RACIAL SUBORDINATION THROUGH THE LENS OF THE ILO'S ABOLITION OF FORCED LABOR CONVENTION |
67 UCLA Law Review 1504 (April, 2021) |
Slavery is not a metaphor, yet the implications of the centuries-long transatlantic slave trade, and the literature on the Black Atlantic, are mostly ignored in the fast and furious international legal invocations of modern slavery, particularly involving various forms of labor exploitation along global value chains and global care chains. This... |
2021 |
| Maeve Glass |
SLAVERY'S CONSTITUTION: RETHINKING THE FEDERAL CONSENSUS |
89 Fordham Law Review 1815 (April, 2021) |
For at least half a century, scholars of the early American Constitution have noted the archival prominence of a doctrine known as the federal consensus. This doctrine instructed that Congress had no power to interfere with the institution of slavery in the states where it existed. Despite its ubiquity in the records, our understanding of how and... |
2021 |
| Olympia Duhart |
SOCIAL DISTANCING AS A PRIVILEGE: ASSESSING THE IMPACT OF STRUCTURAL DISPARITIES ON THE COVID-19 CRISIS IN THE BLACK COMMUNITY |
37 Georgia State University Law Review 1305 (Summer, 2021) |
There is a harsh reality for people living with the COVID-19 restrictions in the same city. Though the virus has been called an equal opportunity threat, the truth is that it has had a deadly, disproportionate impact on Black and Brown people. The COVID-19 pandemic has crushed communities of color. Among Black Americans, who make up around 13% of... |
2021 |
| Michael F. Barry , President and Dean |
SOMEBODY'S GOT TO GO FIRST: AN ACKNOWLEDGEMENT OF KENESHA STARLING, THE FIRST AFRICAN-AMERICAN EDITOR IN CHIEF OF THE SOUTH TEXAS LAW REVIEW |
61 South Texas Law Review 155 (Summer, 2021) |
Somebody's got to go first. In this nation, we have long celebrated firsts--the first to walk on the moon, the first to break the sound barrier, and the first to fly solo across the Atlantic Ocean. Typically, these acknowledgements were testaments to human endurance; they encompassed feats of venturing further, higher, or farther than anyone... |
2021 |
| Dianne Post |
STATE OF EMERGENCY: HOW WE WIN THE COUNTRY WE BUILT BY TAMIKA D. MALLORY AS TOLD TO ASHLEY A. COLEMAN (NEW YORK, NY: ATRIA/BLACK PRIVILEGE PUBLISHING, 2021). 227 PGS. $19.96 ORDER, WWW.AMAZON.COM |
94-AUG Wisconsin Lawyer 62 (July/August, 2021) |
This combination of personal memoir and political manifesto is divided into three parts: how we got here, where we are, and where we are going. Readers' relationship to the book might coincide with their experience in, knowledge of, and involvement with the Black struggle. It is useful to understand some history, reality, and feelings of Blacks. It... |
2021 |
| Cristal E. Jones, M.B.A. , University of Oregon School of Law |
STILL STRANGERS IN THE LAND: ACHIEVEMENT BARRIERS, BURDENS, AND BRIDGES FACING AFRICAN AMERICAN STUDENTS WITHIN PREDOMINATELY WHITE LAW SCHOOLS |
39 Minnesota Journal of Law & Inequality 13 (Winter, 2021) |
This Article examines the barriers to an environment where African American law students no longer view themselves, and no longer are viewed as, what American abolitionist Harriet Tubman coined, a stranger in a strange land. In this Article, I explain the research on the structural, psychological, and social factors that face the African American... |
2021 |
| Briana P. Adams-Seaton |
SUGAR IS QUEEN: ANALYZING ANTIGUAN DESCENDANTS' CASE FOR REPARATIONS TO HARVARD UNIVERSITY |
64 Howard Law Journal 409 (Winter, 2021) |
Introduction. 411 I. Historical Background of Reparations in the United States and the Caribbean. 414 A. The Fight for Reparations in the United States. 415 B. The Fight for Reparations in the Caribbean. 418 II. Unjust Enrichment: The Crux of Antigua's Reparations Claim. 419 A. Antiguan Slaves Conferred a Benefit upon Harvard University. 420 B.... |
2021 |
| Caleb Harrison, calebharrison@icloud.com |
SUPERSESSION, REPARATIONS, AND RESTITUTION |
19 Journal of Ethics & Social Philosophy 148 (February, 2021) |
In superseding historic injustice, and in subsequent articles, Jeremy Waldron proposes and defends what he calls the Supersession Thesis. According to the Supersession Thesis, circumstances might be such that the demands of justice in the present can in some sense override the demands of justice arising from cases of historical injustice. Waldron... |
2021 |
| Omarr Rambert |
THE ABSENT BLACK FATHER: RACE, THE WELFARE-CHILD SUPPORT SYSTEM, AND THE CYCLICAL NATURE OF FATHERLESSNESS |
68 UCLA Law Review 324 (May, 2021) |
The perception of Black fathers is that they are largely absent from their children's lives, and that such absence--and the ensuing experience of growing up fatherless--is a direct cause of social issues in Black communities. Through media representations and policymaking, the absent Black father narrative has taken shape over the past fifty years,... |
2021 |
| Tsedale M. Melaku |
THE AWAKENING: THE IMPACT OF COVID-19, RACIAL UPHEAVAL, AND POLITICAL POLARIZATION ON BLACK WOMEN LAWYERS |
89 Fordham Law Review 2519 (May, 2021) |
Concrete barriers have always played a significant role in preventing Black lawyers from reaching the coveted position of partner in law firms. These barriers include an inability to gain initial access of entry into firms, the lack of professional development and training, and being shut out of networking opportunities and sponsorship. Compounded... |
2021 |
| Mark Dorosin |
THE BATTLE OF BRANDY CREEK: HOW ONE BLACK COMMUNITY FOUGHT ANNEXATION, TAX REVALUATION, AND DISPLACEMENT |
72 South Carolina Law Review 817 (Spring, 2021) |
I. Introduction. 817 II. The Plan to Redevelop and Displace. 819 A. The Proposal. 819 B. Legislative Annexation. 820 C. One Sale, and the Community Is Cut in Half. 823 D. The 2007 Tax Reassessment. 825 III. The Community Fights Back. 829 A. Deannexation. 830 B. Reassessment. 834 C. Property Tax Refunds. 837 IV. Annexation, Taxation, and the... |
2021 |
| Melia Thompson-Dudiak |
THE BLACK MATERNAL HEALTH CRISIS: HOW TO RIGHT A HARROWING HISTORY THROUGH JUDICIAL AND LEGISLATIVE REFORM |
14 DePaul Journal for Social Justice Just. 1 (Winter, 2021) |
I. INTRODUCTION. 2 II. AN OVERVIEW OF MATERNAL HEALTH IN AMERICA. 5 A. THE HISTORY OF MATERNAL HEALTH IN AMERICA. 5 B. THE CURRENT STATE OF MATERNAL HEALTH IN AMERICA. 10 C. THE TRAGIC EFFECTS OF SYSTEMIC INEQUITIES, IMPLICIT BIASES, AND INDIVIDUALIZED RACISM ON BLACK MOTHERS. 13 III. PRESCRIPTION. 17 A. REVITALIZING THE FOURTEENTH AMENDMENT'S... |
2021 |
| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 California Law Review 1959 (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
| Shawn “Pepper” Roussel |
THE CARROT IS THE STICK: FOOD AS A WEAPON OF SYSTEMIC OPPRESSION FOR BLACK CONSUMERS AND THE DISENFRANCHISEMENT OF BLACK FARMERS |
36 Journal of Environmental Law & Litigation 129 (2021) |
Introduction. 129 I. The Confidence of a Mediocre White Guy: Andrew Johnson's Tenure. 133 II. Making It Right: Freedmen's Bureau and Other Failed Experiments. 137 III. Refugees in Their Own Land: Black Americans. 139 IV. Name That Oppression: Food. 141 V. Colonizers Gonna Colonize: Native American Land Dispossession. 145 VI. There's No Such Thing... |
2021 |
| Shontavia Jackson Johnson |
THE COLORBLIND PATENT SYSTEM AND BLACK INVENTORS |
38 No. 2 GPSolo 62 (March/April, 2021) |
Innovation and inventing have been critical to America's progress since its birth. These concepts were so important that the Founding Fathers wrote them into the first Article of the U.S. Constitution, authorizing Congress to give inventors exclusive rights to their inventions for a limited time. The Patent Act was one of the first pieces of... |
2021 |
| James W. Fox Jr. |
THE CONSTITUTION OF BLACK ABOLITIONISM: REFRAMING THE SECOND FOUNDING |
23 University of Pennsylvania Journal of Constitutional Law 267 (April, 2021) |
Eric Foner has observed that historians of the Thirteenth Amendment have struggled to find ways to get the voice of African Americans into discussions of the Amendment's original meaning, scope, and limitation. This article is part of a project to answer Professor Foner's challenge to recover nineteenth-century African American constitutionalism.... |
2021 |
| Shawn E. Fields |
THE ELUSIVENESS OF SELF-DEFENSE FOR THE BLACK TRANSGENDER COMMUNITY |
21 Nevada Law Journal 975 (Spring, 2021) |
Ky Peterson, a Black transgender man from rural Georgia, had previously been brutally raped while walking home. Mr. Peterson reported the incident to the police, but they never opened an investigation; in fact, the police could barely be bothered to file [a] report. As a result, Mr. Peterson began carrying a firearm for personal protection. On... |
2021 |
| Yong-Shik Lee , Natsu Taylor Saito , Jonathan Todres |
THE FALLACY OF CONTRACT IN SEXUAL SLAVERY: A RESPONSE TO RAMSEYER'S "CONTRACTING FOR SEX IN THE PACIFIC WAR" |
42 Michigan Journal of International Law 291 (Winter, 2021) |
Over seven decades have passed since the Second World War but, despite the passage of time, the trauma from the most destructive war in history remains and controversies over the extent and even the existence of some of the cruelest war crimes, such as sexual slavery enforced by Japan, continue with attempts to rewrite history and to exonerate... |
2021 |
| Thomas J. Shaw |
THE LIBERTY OF BLACK AMERICANS BEFORE THE 13TH AMENDMENT |
31 No. 3 Experience 21 (April/May, 2021) |
With racial injustice once more front and center in America, prompting the Black Lives Matter movement, it's essential to revisit the time when the long journey to citizenship for Black Americans began. It wasn't from the start of the republic in 1789 but from 1865, with the successive enacting of the 13th, 14th, and 15th Amendments, which... |
2021 |
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THE NATIONAL NATIVE AMERICAN BAR ASSOCIATION DECLARES TAKOMNI HASAPA WICONI HECHA (BLACK LIVES MATTER) |
24-JAN NBA National Bar Association Magazine 14 (January, 2021) |
Indian Country - June 15, 2020. Mitakuyapi (Relatives). It is with a heavy heart that we make this statement. As native people, we understand our world through kinship. We are heartbroken and offer our deepest condolences to those that mourn George Floyd, Breonna Taylor, Tony McDade, Renee Davis (Muckleshoot), Cecil Lacy, Jr. (Tulalip), John T.... |
2021 |
| Karl T. Muth |
THE PANTHER DECLAWED: HOW BLUE MAYORS DISARMED BLACK MEN |
37 Harvard Blackletter Law Journal L.J. 7 (Spring, 2021) |
I am clearly within the limits of historical truth when I say that the civilizations of the past that arose to world domination through Caucasian initiative, effort, and genius disappeared as the result of the Insidious contaminating influence of mongrelism .. The use of firearms and the placing of the ballot in the hands of the negro in a white... |
2021 |
| Kathleen Warthen, Roger M. Stevens |
THE POWER OF WORDS |
33-JUL South Carolina Lawyer 40 (July, 2021) |
When one of our clients was arrested at gunpoint by several citizens with no evident authority, we began researching our state's citizen's arrest statutes. And, we were intrigued by T. Jarrett Bouchette's article in this magazine's January 2021 edition and submit this article to offer an expanded viewpoint regarding the points raised in that... |
2021 |
| David G. Maxted |
THE QUALIFIED IMMUNITY LITIGATION MACHINE: EVISCERATING THE ANTI-RACIST HEART OF § 1983, WEAPONIZING INTERLOCUTORY APPEAL, AND THE ROUTINE OF POLICE VIOLENCE AGAINST BLACK LIVES |
98 Denver Law Review 629 (Spring, 2021) |
This Article makes the case that twin plagues endemic to American law--the routine of police violence and its unequal impact on Black lives and other people of color--are rooted in the invention and application of qualified immunity by the courts and the legal profession. For the past four decades, the Supreme Court has eroded civil rights... |
2021 |