| Author | Title | Citation | Summary | Year |
| Artika R. Tyner |
THE RACIAL WEALTH GAP: STRATEGIES FOR ADDRESSING THE FINANCIAL IMPACT OF MASS INCARCERATION ON THE AFRICAN AMERICAN COMMUNITY |
28 George Mason Law Review 885 (Spring, 2021) |
The wealth gap between blacks and whites is projected to take 228 years to bridge, which may appear to be an insurmountable challenge. Yet, identifying the challenge and facing the reality of its contributing factors is the first step towards addressing the issue. Economists and scholars have identified many contributing factors influencing this... |
2021 |
| Robin Snyderman, Robin Rue Simmons |
THE REPARATIONS WORK UNDERWAY IN EVANSTON, IL: PROMOTING AN AFFIRMATIVE AND ACCOUNTABLE GOVERNMENT |
30 Journal of Affordable Housing & Community Development Law 151 (2021) |
Whether you agree that We are in an Era of Repair and that there is a growing momentum . around issues of racial justice, per a recent NPR story reflecting on Juneteenth, or you are simply appalled that the country's racial homeownership gap is worse now than it was before the enactment of the Civil Rights Act, you understand the importance of... |
2021 |
| Lorelei Lee |
THE ROOTS OF "MODERN DAY SLAVERY": THE PAGE ACT AND THE MANN ACT |
52 Columbia Human Rights Law Review 1199 (Spring, 2021) |
Usage of the phrase modern day slavery to describe human trafficking, especially sex trafficking, is widespread despite work by numerous scholars and activists to point out how such usage harms attempts to remedy both slavery and trafficking. In order to more clearly recognize the continuing harms of this usage, it is imperative that we know its... |
2021 |
| Daniel R. Correa |
THE SLAVERY CLAUSE AND CRIMINAL DISENFRANCHISEMENT: HOW THE THIRTEENTH AMENDMENT INFORMS THE DEBATE ON CRIME-BASED FRANCHISE RESTRICTIONS |
53 Loyola University Chicago Law Journal 89 (Fall, 2021) |
Criminal disenfranchisement persists as the only remaining franchise exclusion of mentally competent adult citizens in the United States. The practice itself disproportionally affects Black Americans, denying their political efficacy, stripping them of the means to successful reentry into society, and placing them in diminished citizenship status,... |
2021 |
| Carliss N. Chatman , Najarian R. Peters |
THE SOFT-SHOE AND SHUFFLE OF LAW SCHOOL HIRING COMMITTEE PRACTICES |
69 UCLA Law Review Discourse 2 (2021) |
The way to right wrongs is to turn the light of truth upon them. -Ida B. Wells It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use... |
2021 |
| Niles Stefan Illich, Ph.D., J.D. |
THE THIRTEENTH AMENDMENT AND ONE HUNDRED AND FIFTY YEARS OF STRUGGLE TO CRIMINALIZE SLAVERY: A FIRST AMENDMENT CHALLENGE TO THE FORCED LABOR ACT (18 U.S.C. § 1589) |
52 Saint Mary's Law Journal 945 (2021) |
I. Introduction. 946 II. A History of Criminalization. 948 III. The Trafficking Victims Protection Act of 2000. 953 IV. First Amendment Freedom of Association: Vagueness and Overbreadth. 954 A. First Amendment and Constitutional Challenges. 954 B. Vagueness and Overbreadth. 956 1. Vagueness. 956 2. Overbreadth. 957 V. Problem with the Definition of... |
2021 |
| Donald D.A. Schaefer |
THE USE OF REGULAR MILITARIES FOR NATURAL DISASTERS AFTER A MAJOR EVENT WHERE THE MILITARY WAS SEEN AS A FAILURE--THE SOMALIA EFFECT IN THE AGE OF BLACK LIVES MATTERS AND COVID-19 |
32 Fordham Environmental Law Review 285 (Winter, 2021) |
This is written as a continuation of Dr. Schaefer's recent article entitled, The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries. Perhaps few other areas have affected so many people than the... |
2021 |
| Cierra D. Newman |
THE VALUE OF THE BLACK VOTE: HOW IOWA'S SAGA OF SUPPRESSION & RACIAL INIQUITY RIPPLED FROM 1868 TO 2020 |
24 Journal of Gender, Race and Justice 11 (Spring, 2021) |
On Election Day--no more than sixty years ago--four unanswerable questions awaited Mr. Clarence Gaskins, an African-American voter hoping to cast his ballot in the upcoming general election. Upon arrival at his designated polling location, [Mr. Gaskins] was ushered by a group of dutiful white men [who lead him] down a narrow corridor and into a... |
2021 |
| Diane Klein |
THEIR SLAVERY WAS HER FREEDOM: RACISM AND THE BEGINNING OF THE END OF COVERTURE |
59 Duquesne Law Review 106 (Winter, 2021) |
I. Introduction. 106 II. Slaveocracy, Coverture, and Gifts and Trusts of Enslaved People. 109 A. A Note on Terminology: Plantocracy or Slaveocracy?. 110 B. Coverture and Creditors' Rights. 112 C. Gifts and Trusts of Enslaved People. 113 D. The U.S. Supreme Court Validates Premarital Trusts of Enslaved People. 114 III. Mississippi and America'S... |
2021 |
| Lisa Davis |
THIRD PARTY AT THE TABLE: AFRO-COLOMBIAN WOMEN'S STRUGGLE FOR PEACE AND INCLUSION |
4 Columbia Human Rights Law Review Online 363 (1/8/2021) |
C1-2Table of Contents I. Colombia's Historic Peace Accord. 364 II. Third Party at the Table. 365 A. The Accountability Question. 369 B. Opposition to Gender. 372 C. A Closer Look at Gender in the Accords. 375 D. Organizing at the Intersection of Race, Ethnicity & Gender. 378 III. The Long Road to Implementation. 381 |
2021 |
| Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle |
THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW |
105 Minnesota Law Review Headnotes 251 (Spring, 2021) |
Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... |
2021 |
| Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle |
THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW |
47 Mitchell Hamline Law Review 26 (November, 2021) |
Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting, or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... |
2021 |
| Larisa M. Dinsmoor |
TMBA, BLACK HISTORY MONTH AND A LEGAL LEGEND |
63-FEB Orange County Lawyer 14 (February, 2021) |
February is Black History Month, which commemorates the contributions African Americans have made to American history in their struggles for freedom and parity. As such, I thought it appropriate to highlight our affiliate bar, the Thurgood Marshall Bar Association (TMBA). TMBA was founded in 2012, by the Honorable Daphne G. Sykes (Family Law Judge,... |
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 |
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
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U.S. SUPREME COURT HOLDS CLAIMS AGAINST U.S. CORPORATIONS FOR AIDING AND ABETTING CHILD SLAVERY IMPERMISSIBLY EXTRATERRITORIAL, DECLINES TO RESOLVE DOMESTIC CORPORATE LIABILITY |
115 American Journal of International Law 739 (October, 2021) |
In Nestlé USA, Inc. v. Doe, et al., former child slaves who were trafficked into Côte d'Ivoire to work on cocoa farms filed suit under the Alien Tort Statute (ATS) against U.S.-based companies that purchase cocoa from and provide other support to the farms, alleging that the companies aided and abetted child slavery. By an 8-1 vote, the Supreme... |
2021 |
| Patrick Luff |
UNLEASH BLACK-BOX DATA |
57-APR Trial 38 (April, 2021) |
Understanding how black boxes work and what data they contain is crucial when reconstructing a motor vehicle crash. In a motor vehicle crash case, crash reconstruction is essential. A law enforcement agency's investigation can provide basic information about the crash, but the data and conclusions in its report won't give you everything you need.... |
2021 |
| Gregory E. Louis |
UNLOCKING PROGRESSIVE CORPORATE GOVERNANCE: THE BLACK AND BROWN HDFC KEY |
10 American University Business Law Review 79 (2021) |
For decades, progressive corporate law scholarship has lamented corporate law's captivity to the neoliberal conception of business corporations. For progressive scholars, corporate governance doctrines based in neoliberalism have been a formula for anomie as they reduce corporations--and especially publicly traded ones--to a profit-generating... |
2021 |
| Alesha Hamilton |
UNTANGLING DISCRIMINATION: THE CROWN ACT AND PROTECTING BLACK HAIR |
89 University of Cincinnati Law Review 483 (2021) |
Imagine you send your six-year-old son to school for his first day of first grade. You dress him in a tie and a nice shirt and arrive at the school to meet his new teachers. He is bursting with excitement and on his best behavior. However, the school administrators say that your son cannot pursue his education that day--because of his hair. This is... |
2021 |
| Anthony Kwame Harrison |
USING BLACK LIVES AS IF THEY DON'T MATTER: THE FAMOUS FOUR AND OTHER SERIOUS STORIES OF CAPITALISM AND WHITE SUPREMACY |
57 California Western Law Review 291 (Spring, 2021) |
In an essay on the sexualization of race in the United States, philosopher Naomi Zack discusses an important shift in how Black motherhood has been viewed in relation to American capitalism. During slavery, Zack notes, Black mothers were considered vessels of capitalist production. In other words, their offspring, whether fathered by enslaved... |
2021 |
| Catherine M. Sharkey |
VALUING BLACK AND FEMALE LIVES: A PROPOSAL FOR INCORPORATING AGENCY VSL INTO TORT DAMAGES |
96 Notre Dame Law Review 1479 (March, 2021) |
Federal agencies adopt a uniform VSL (value of statistical life)--one that does not vary according to demographic characteristics--in conducting cost-benefit analyses in connection with regulatory policy decisions. In sharp juxtaposition, the use of race- and gender-based statistics on wages and work-life expectancy in calculating tort wrongful... |
2021 |
| Njeri Mathis Rutledge |
WALKING THE TIGHTROPE: REFLECTIONS OF A BLACK FEMALE LAW PROFESSOR |
43 Campbell Law Review 233 (2021) |
In a sobering moment, I realized that my success (and that of many people of color) stems from our ability to normalize daily racism--Njeri Rutledge (2020) As a Black female law professor, I often walk an invisible tightrope, carefully avoiding any misstep for fear of falling. The problem of racism makes that tightrope particularly difficult. There... |
2021 |
| Tuneen E. Chisolm |
WHEN RIGHTEOUSNESS FAILS: THE NEW INCENTIVE FOR REPARATIONS FOR SLAVERY AND ITS CONTINUING AFTERMATH IN THE UNITED STATES |
24 University of Pennsylvania Journal of Law and Social Change 195 (2021) |
Starting from the well-established premise that reparations for African Americans are justified and required to provide redress for race-based social and systemic ills, this Article examines the United States' compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), not only as... |
2021 |
| Shannon Cumberbatch |
WHEN YOUR IDENTITY IS INHERENTLY "UNPROFESSIONAL": NAVIGATING RULES OF PROFESSIONAL APPEARANCE ROOTED IN CISHETERONORMATIVE WHITENESS AS BLACK WOMEN AND GENDER NON-CONFORMING PROFESSIONALS |
34 Journal of Civil Rights & Economic Development 81 (Summer, 2021) |
Several years ago, I attended my first large-scale career fair as a recruiter where I screened a mass of aspiring lawyers for staff attorney positions at my legal organization. During our brief break from marathon interviewing, my white colleagues shut down their tables to enjoy their downtime and as I prepared to do the same, I looked up to find a... |
2021 |
| Daniel Fryer |
WHICH AMERICA?: JUDGE ROGER L. GREGORY AND THE TRADITION OF AFRICAN-AMERICAN POLITICAL THOUGHT |
78 Washington and Lee Law Review 1087 (Summer, 2021) |
In this Article, written in connection with a symposium honoring Chief Judge Roger L. Gregory's twenty years on the bench, I place Judge Gregory's jurisprudence within the tradition of African-American political thought. I suggest that, at bottom, Judge Gregory has a leveling-up jurisprudence that seeks to interpret the Constitution in a way that... |
2021 |
| Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson |
WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 |
55 Law and Society Review 227 (June, 2021) |
White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... |
2021 |
| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
| Daniel P. Suitor |
WINNING WHAT'S OWED: A LITIGATIVE APPROACH TO REPARATIONS |
105 Minnesota Law Review Headnotes 391 (Spring, 2021) |
Centuries of enslaved Black labor built the United States into a society and economy that prospers to this day. Slavery was intrinsically tied to the production of early America's two most important exports, tobacco and cotton. Enslaved people themselves were considered so economically valuable that their persons were used to collateralize... |
2021 |
| Emily Haney-Caron, JD, PhD, Erika Fountain, PhD |
YOUNG, BLACK, AND WRONGFULLY CHARGED: A CUMULATIVE DISADVANTAGE FRAMEWORK |
125 Dickinson Law Review 653 (Spring, 2021) |
The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful... |
2021 |
| Hon. Romonda D. Belcher |
YOUNG, GIFTED, AND BLACK: WHY IT MATTERS |
24 Journal of Gender, Race and Justice 17 (Spring, 2021) |
I was born the second child of a lower, middle-class Black family. I emphasize Black because that is the first thing you notice when you see me. My Blackness is my birthright--something that is immutable and incapable of being disguised. It has evolved with knowledge and life experiences. Being Black does not define me or limit what I can... |
2021 |
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#Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling |
92 Temple Law Review Online 55 (2020) |
Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... |
2020 |
| Kaimipono David Wenger |
1200 Dollars and a Mule: Covid-19, the Cares Act, and Reparations for Slavery |
68 UCLA Law Review Discourse 204 (2020) |
The COVID-19 pandemic casts into sharp relief a number of questions relating to reparations. In particular, the COVID-19 crisis highlights the medical vulnerability of the Black community, illustrating the very real physical harm caused by slavery and racism in the United States. At the same time, government responses to the crisis demonstrate the... |
2020 |
| Adjoa Aiyetoro |
Achieving Reparations While Respecting Our Differences: a Model for Black Reparations |
63 Howard Law Journal 329 (Spring, 2020) |
On October 29, 2019, I participated on a panel of reparation scholars as a part of the Howard University School of Law's Branton Symposium. The panel was asked to focus on Roy L. Brooks' second edition of his book entitled Atonement and Forgiveness: A New Model for Black Reparations, which was originally published in 2004 and was forthcoming at... |
2020 |
| Carlton Waterhouse |
African American Reparations: a Rough Sketch of the Road to Educational and Economic Restoration |
63 Howard Law Journal 393 (Spring, 2020) |
In America and throughout modern societies, institutions provide the context in which generations pass on values and resources to future generations. Institutions also represent the means by which prominent African American leaders struggled against the oppression of slavery and segregation and passed on their resources to future generations.... |
2020 |
| Alexis Hoag |
An Unbroken Thread: African American Exclusion from Jury Service, past and Present |
81 Louisiana Law Review 55 (Fall, 2020) |
C1-3Table of Contents Introduction. 56 I. African American Exclusion. 57 A. De Jure Exclusion. 58 B. De Facto Exclusion. 62 II. First Wave of Legal and Statutory Solutions. 66 A. The Constitutional Right to a Fair Cross Section. 67 1. Distinctive Group. 68 2. Relative Underrepresentation. 68 3. Systemic Exclusion. 71 B. The Jury Selection and... |
2020 |
| Michael Conklin |
An Uphill Battle for Reparationists: a Quantitative Analysis of the Effectiveness of Slavery Reparations Rhetoric |
10 Columbia Journal of Race and Law 33 (2020) |
On Juneteenth (June 19), 2019 the United States House Judiciary Committee heard over three hours of testimony regarding slavery reparations. Various rhetorical methods were used by the expert witnesses to promote slavery reparations. Many emphasized the horrors of the slave trade. Many pointed to current racial disparities in education, criminal... |
2020 |
| Michael Z. Green |
Arbitrarily Selecting Black Arbitrators |
88 Fordham Law Review 2255 (May, 2020) |
Calls for increased diversity among arbitrators have surged with the growth of the employer movement, so-called mandatory arbitration, which requires employees to agree to arbitrate employment discrimination matters as a condition of employment. Despite good-faith efforts by neutral service providers, civil rights organizations, bar associations,... |
2020 |
| Adrienne DeWitt |
Biographical Sketches and Bibliographies of the First African Americans on the North Carolina Bench |
42 Campbell Law Review 81 (Winter, 2020) |
Introduction. 81 ALEXANDER-RALSTON, ELRETAMELTON. 83 BEASLEY, CHERI. 87 BIGGS, LORETTA. 89 CHESS, SAMMIE. 91 DUNCAN, ALLYSON K.. 94 ERWIN, RICHARD C.. 97 FRYE, HENRY. 100 FULTON, SHIRLEY. 104 GRANT, CY A.. 106 JOHNSON, CLIFTON E.. 108 TIMMONS-GOODSON, PATRICIA. 112 |
2020 |
| Zahra N. Mian |
Black Identity Extremist or Black Dissident?: How United States V. Daniels Illustrates Fbi Criminalization of Black Dissent of Law Enforcement, from Cointelpro to Black Lives Matter |
21 Rutgers Race & the Law Review 53 (2020) |
In August 2017, the Federal Bureau of Investigations (FBI) released an intelligence assessment asserting the resurgence of a domestic terror threat to law enforcement: Black Identity Extremist (BIE) ideology. According to the assessment, BIE is rooted in perceptions of alleged police brutality amongst the African American community. The FBI... |
2020 |
| Nwando Anwah |
Black Lives Matter on Juries Too |
44 Journal of the Legal Profession 293 (Spring, 2020) |
In 1996, Curtis Giovanni Flowers was accused of murdering four people at a furniture store in Winona, Mississippi. Since then, he has been tried an astonishing six times for the same alleged crimes--all of which have ended in mistrial or convictions that were reversed on appeal. He was first convicted in 1997, and in five out of the six trials, the... |
2020 |
| Black Women Scholars, The Research Working Group of the Black Mamas Matter Alliance |
Black Maternal Health Research Re-envisioned: Best Practices for the Conduct of Research With, For, and by Black Mamas |
14 Harvard Law & Policy Review 393 (Summer, 2020) |
The purpose of this article is to provide an overview of a forthcoming report entitled Black Maternal Health Research Re-Envisioned: Recommendations for Improving Research on Maternity Care for Black Mamas which provides principles that should underpin the ethical design of clinical, epidemiological, health services, and public health research,... |
2020 |
| Jennifer M. Kinsley |
Black Speech Matters |
59 University of Louisville Law Review 1 (Fall, 2020) |
On Memorial Day 2020, Minneapolis police killed George Floyd, an unarmed African-American man suspected of paying for groceries with a counterfeit $20 bill. Two officers held Floyd face down on the ground, while another officer pinned Floyd's head against the ground by forcefully placing a knee onto his neck for nearly ten minutes. Several months... |
2020 |
| Mae C. Quinn |
Black Women and Girls and the Twenty-sixth Amendment: Constitutional Connections, Activist Intersections, and the First Wave Youth Suffrage Movement |
43 Seattle University Law Review 1237 (Summer, 2020) |
C1-2Contents Introduction. 1238 I. White Men Twenty-one Years of Age as Historic Political Citizens. 1241 II. Taking Charge of an Age: Nash and Quilloin as Black Teen Activists in the 1960s. 1246 III. Drawing in Presidents Kennedy and Johnson as Unlikely First Wave Allies. 1252 IV. Powerful Black Girls Becoming Powerful Black Women: Additional... |
2020 |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
| Amber Baylor |
Boynton V. Virginia and the Anxieties of the Modern African-american Customer |
49 Stetson Law Review 315 (Winter, 2020) |
In 1958, a young Howard law student named Bruce Boynton walked into a diner at a bus terminal in Richmond, Virginia, and sat down to order. Boynton's bus from Washington, D.C., to Montgomery, Alabama, was parked at the terminal for a brief break, allowing the passengers to grab food for dinner. Boynton found a stool at the diner counter a few feet... |
2020 |
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Civil Rights Act of 1866--antidiscrimination Law--pleading Standards-- Comcast Corp. V. National Ass'n of African American-owned Media |
134 Harvard Law Review 580 (November, 2020) |
In 1989, in Price Waterhouse v. Hopkins, a plurality of the Supreme Court held that in a Title VII sex discrimination lawsuit, a plaintiff need show only that their gender was a motivating factor in an adverse employment decision, at which point the burden shifted onto the defendant to show that the same decision would have been made regardless... |
2020 |
| Felicia Isaac |
Climate Change Is Hurting Expectant Black Mothers |
35-WTR Natural Resources & Environment 57 (Winter, 2021) |
Over the past year, our nation has grappled with many of the disproportionate obstacles faced by Black communities. One obstacle that is rarely featured in the headlines and news reports that has become all too familiar is the disproportionate effect of climate change on the maternal health of Black women. That impact and the obstacles it creates... |
2020 |
| Catherine Tarantino |
Contracting Free from Racial Animus: Comcast Corporation V. National Association of African American-owned Media and Entertainment Studios |
15 Duke Journal of Constitutional Law & Public Policy Sidebar 77 (2020) |
The United States has come a long way in promoting racial equality since the 1866 and 1964 Civil Rights Acts, but racial animus still plays an impermissible role in many contracting and employment decisions. Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios offers the Supreme Court the opportunity... |
2020 |
| Marina Aksenova |
Creative Potential of Reparations at the Inter-american Court of Human Rights and the International Criminal Court |
43 Suffolk Transnational Law Review 1 (Winter, 2020) |
faire preuve d'humanité consiste à prendre part au sort des autres hommes; l'inhumanité est l'attitude de celui qui est indifférent au sort des hommes. This article critically reflects on the practice of symbolic reparations with artistic value at the Inter-American Court of Human Rights (IACtHR). The IACtHR is more experienced than the... |
2020 |