| Author | Title | Citation | Summary | Year |
| Alexzandria Johnson |
We Deserve Better: How Hip Hop Perpetuates the Rape Culture of Black Women |
42 North Carolina Central Law Review 139 (2019) |
Hi, I'm an African American woman, and if I listened to what hip hop told me that I was, I'd be the equivalent of nothing. Nothing, is just what Ms. Shawana Hall felt like on her 31 birthday. While celebrating her birthday, Shawana met a middle-aged man, Calvin Ray Kelly, who offered to drive to a party store to buy her a celebratory drink.... |
2019 |
| Antron D. Mahoney , Heather Brydie Harris |
When the Spirit Says Dance: a Queer of Color Critique of Black Justice Discourse in Anti-transgender Policy Rhetoric |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 7 (Spring, 2019) |
In a closed-door forum on July 11, 2017, United States Attorney General Jeff Sessions invoked Martin Luther King, Jr. in a speech given to and in support of the Alliance Defending Freedom (ADF), an anti-LGBT religious freedom group responsible for crafting many early anti-transgender bathroom bills. Employing King, Sessions parallels the racial... |
2019 |
| Iyiola Solanke |
Where Are the Black Judges in Europe? |
34 Connecticut Journal of International Law 286 (Summer, 2019) |
C1-2Table of Contents Introduction. 289 I. Discrimination as a Virus. 292 II. Challenges to Racial Diversity in the CJEU. 295 A. Recruitment to the CJEU. 296 B. Legal Education and Training. 297 C. The Politics of Race. 300 III. Diversity and Judgecraft. 301 IV. Diversity Charters and Corporate Social Responsibility. 304 V. A multi-level,... |
2019 |
| Janika Best |
Where Is My Seat at the Table: How Informed Consent Laws Foster the Legacy of Slavery and Discrimination Against Black Women |
41 Women's Rights Law Reporter 1 (Fall/Winter 2019) |
C1-2Table of Contents Abstract. 1 Introduction. 2 I. Background. 6 A. 19 Century Gynecology. 9 B. 20 Century Gynecology. 13 II. The Competing Models of Informed Consent-The Standard Of Disclosure By Physicians To Patients. 13 A. The Physician or Community Rule. 14 B. The Patient Rule. 15 C. Issues Created by a Lack of Cultural Competency in... |
2019 |
| Chan Tov McNamarah |
White Caller Crime: Racialized Police Communication and Existing While Black |
24 Michigan Journal of Race and Law 335 (Spring, 2019) |
Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... |
2019 |
| Meikhel M. Philogene |
Why the Black Man Is Really Gray |
76 National Lawyers Guild Review 49 (Spring, 2019) |
Gray are the handcuffs that discriminatorily restrain Gray are the cell bars that disparately lock away Gray is the dream for coaches and athletes looking the same Gray is the hope for directors and musicians of a certain shade The black man isn't black; the black man is really gray It is no secret that racism and discrimination have an extensive,... |
2019 |
| Demarquin Johnson |
Why the Congressional Black Caucus must Reject Private Prison Money |
35 Harvard Blackletter Law Journal 65 (Spring, 2019) |
We need to declare the era of mass incarceration and oppressive prison sentences over. The time for comprehensive criminal justice reform is now. Karen Bass, Chairwoman of the Congressional Black Caucus The fact that the United States incarcerates more people than any other country in the world at a rate higher than any other country in the world... |
2019 |
| Kimberly Welch |
William Johnson's Hypothesis: a Free Black Man and the Problem of Legal Knowledge in the Antebellum United States South |
37 Law and History Review 89 (February, 2019) |
To day is the first Commencement of the Court. The Docket is a Light One. I did not do much To day for . I am not prepared to go to tryal yet in the Land Case. --William T. Johnson, 1850 In recent years, scholars have paid considerable attention to African Americans' engagement with the legal system in the pre-Civil War United States South and have... |
2019 |
| Ilana Friedman |
Youth at the Center: a Timeline Approach to the Challenges Facing Black Children |
63 Saint Louis University Law Journal 583 (Summer, 2019) |
At the center of Forward Through Ferguson's Action Plan are children, a demographic critical to any long-range plan of reform in St. Louis. Yet the challenges facing African American children are often looked at in isolation to one another, whether it be education, health care, or juvenile justice. To fully capture the labyrinth of hurdles facing... |
2019 |
| Latiqua Liles |
A "Legacy Preference" for Descendants of Slaves: Why Georgetown's Approach to Admissions Is Misguided |
19 Rutgers Race & the Law Review 25 (2018) |
In recent years, many of the United States' oldest Universities have begun examining their past associations with the institution of slavery. Recently, Georgetown University (Georgetown or the University) and more than a dozen other universities including Harvard, Brown, Colombia, and the University of Virginia, have publicly recognized their... |
2018 |
| Regina Austin |
A Dose of Color, a Dose of Reality: Contextualizing Intentional Tort Actions with Black Documentaries |
68 Journal of Legal Education 45 (Autumn, 2018) |
[Most white Americans don't] know how Negroes live .. I'm sure they have nothing whatever against Negroes, but that's really not the question .. The question is really a kind of apathy and ignorance, which is the price we pay for segregation. That's what segregation means. You don't know what's happening on the other side of the wall, because you... |
2018 |
| William J. Black III |
A Higher Loyalty to Their Ultimate Sacrifice: Segregated Black War Casualties and Society's Monumental Mistake |
11 John Marshall Law Journal 34 (Spring, 2018) |
Introduction. 34 I. The Great War Included Many Battlefields At Home And Abroad. 39 A. The Homefront In Context: Separate, but Equal'. 39 B. The Fulton County Heroes and Negroes. 41 C. They Were Good Enough To Drink From Our Canteens. 50 D. The War Mothers Service Star Legion of Fulton County. 55 II. A Framework For Preventing The Destruction Of... |
2018 |
| Jehan Crump-Gibson |
A Tribute to Firsts |
97-MAY Michigan Bar Journal 28 (May, 2018) |
Insidious racism and sexism have plagued black female lawyers since the late nineteenth century. Those practicing today walk a path paved for them by many firsts. To truly appreciate the resolve and tenacity of this fearless group of leaders, let us pause and look back. In 1872, Charlotte E. Ray became the first black woman admitted to practice... |
2018 |
| Rafael I. Pardo |
Bankrupted Slaves |
71 Vanderbilt Law Review 1071 (May, 2018) |
Responsible societies reckon with the pernicious and ugly chapters in their histories. Wherever we look, there exist ever-present reminders of how we failed as a society in permitting the enslavement of millions of black men, women, and children during the first century of this nation's history. No corner of society remains unstained. As such, it... |
2018 |
| Shantee Rosado, Sociology Department, University of Pennsylvania, Joint winner of the Herbert Jacob Book Prize by the Law and Society Association 2017 |
Becoming Black Political Subjects: Movements and Ethno-racial Rights in Colombia and Brazil. By Tianna S. Paschel. Princeton, Nj, and Oxford: Princeton University Press, 2016 |
52 Law and Society Review 546 (June, 2018) |
Since the 1980s, broad social, political, and legal changes have reshaped law, politics, and policy in Latin America, as affirmative action and multiculturalism laws seeking to elevate the status of Black and Indigenous Latin Americans have been implemented in the region. Tianna S. Paschel's book, Becoming Black Political Subjects, challenges... |
2018 |
| Crystal Powell |
Bias, Employment Discrimination, and Black Women's Hair: Another Way Forward |
2018 Brigham Young University Law Review 933 (2018) |
C1-2Contents I. Introduction. 933 II. History of Black Hair, Implicit Bias, and Workplace Grooming Standards. 937 A. History of Black Hair Texture and Hairstyle: Centuries of Stereotyping. 938 B. Clean, Neat, and Kept Versus Extreme, Eye-Catching, and Unprofessional: Workplace Grooming Policies Reflect Racial Stereotypes. 943 III. Should Black... |
2018 |
| Reema Sood |
Biases Behind Sexual Assault: a Thirteenth Amendment Solution to Under-enforcement of the Rape of Black Women |
18 University of Maryland Law Journal of Race, Religion, Gender and Class 405 (Fall, 2018) |
Devaluation of Black women's bodies derives from the long history of slavery in this country. The treatment of Black women, from slavery to the present, ties closely to the systemic tactics of oppression utilized by White slave owners after our country's founding. In removing autonomy and control over Black female slaves' bodies, slave owners... |
2018 |
| Kaili Moss |
Black Hair(tage): Career Liability or Civil Rights Issue? |
25 William and Mary Journal of Race, Gender, and Social Justice 191 (Fall, 2018) |
Introduction I. There's Nothing Dreadful About My Locks II. Strands of Title VII A. The Immutability Requirement B. Accident of Birth C. Fundamental to the Identity D. Race as a Social Construct III. Finding Precedent to Extend Title VII Protection to Ethnic Hairstyles IV. Recommendations Conclusion In 2014, the Census Bureau reported that of... |
2018 |
| Raja Staggers-Hakim, PhD, MPH |
Black Lives Matter, Civil Rights, and Health Inequities |
40 Western New England Law Review 447 (2018) |
As a social justice and civil rights movement, Black Lives Matter (BLM) emerged out of state sanctioned violence against African-Americans. With police violence as the backdrop, the movement recognizes all forms of violence and oppression that unfairly target Black Americans. A Vision for Black Lives has called for the United States government to... |
2018 |
| Emmanuel Mauleón |
Black Twice: Policing Black Muslim Identities |
65 UCLA Law Review 1326 (June, 2018) |
In a political moment that includes various iterations of a Muslim Ban, and a resurgent mainstreaming of white nationalism, race and religion clearly remain hotly contested in American life. And yet, in much of the recent scholarship and public debate on these issues, the intersecting experiences of Black Muslims are often elided, if not entirely... |
2018 |
| Dr. Bridgette Baldwin |
Black, White, and Blue: Bias, Profiling, and Policing in the Age of Black Lives Matter |
40 Western New England Law Review 431 (2018) |
Most middle-class whites have no idea what it feels like to be subjected to police who are routinely suspicious, rude, belligerent, and brutal. Benjamin Spock On July 17, 2014, in Staten Island, New York, Eric Garner lost his life to an illegal chokehold at the hands of police officer Daniel Pantaleo. With his last words, Garner uttered the... |
2018 |
| Kathleen B. Simon |
Catalyzing the Separation of Black Families: a Critique of Foster Care Placements Without Prior Judicial Review |
51 Columbia Journal of Law and Social Problems 347 (Spring, 2018) |
Although decades of efforts have realized significant progress toward the goal of eliminating racial discrimination in the child welfare system, black children continue to enter foster care at rates that exceed their level of need. This Note explores how the standard practice of removing a child without prior judicial authorization has quietly... |
2018 |
| Jordan Beardslee, Meagan Docherty , Edward Mulvey, Carol Schubert , Dustin Pardini , Arizona State University, University of Pittsburgh Medical Center, Arizona State University |
Childhood Risk Factors Associated with Adolescent Gun Carrying among Black and White Males: an Examination of Self-protection, Social Influence, and Antisocial Propensity Explanations |
42 Law and Human Behavior 110 (April, 2018) |
Adolescent gun violence is a serious public health issue that disproportionately affects young Black males. Although it has been postulated that differential exposure to childhood risk factors might account for racial differences in adolescent gun carrying, no longitudinal studies have directly examined this issue. We examined whether childhood... |
2018 |
| Twila L. Perry |
Conscious and Strategic Representations of Race: Prince, Music, Black Lives, and Race Scholarship |
27 Southern California Interdisciplinary Law Journal 549 (Spring, 2018) |
Prince has often been described in the media as an artist who transcended barriers of race, gender and music genre. However, the context of race has received much less attention than the contexts of gender and music. Although discussions of Prince in the media have seldom focused on his racial identity as an African-American, an examination of... |
2018 |
| Bruce Miller |
Constitutional Law--do Black Lives Matter to the Constitution? |
40 Western New England Law Review 459 (2018) |
The question is, of course, a provocation. If read rhetorically, it lends itself (too) easily to equally categorical, opposing answers: of course black lives don't matter to the Constitution's infamous three-fifths clause, its protection of property interests in escaped enslaved people, and its recognition of the states' power to control... |
2018 |
| Sandra Wachter , Brent Mittelstadt , Chris Russell |
Counterfactual Explanations Without Opening the Black Box: Automated Decisions and the Gdpr |
31 Harvard Journal of Law & Technology 841 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 842 II. Counterfactuals. 844 A. Historic Context and the Problem of Knowledge. 846 B. Explanations in A.I. and Machine Learning. 849 C. Adversarial Perturbations and Counterfactual Explanations. 851 D. Causality and Fairness. 853 III. Generating Counterfactuals. 854 A. LSAT Dataset. 856 B. Pima Diabetes... |
2018 |
| Mona Lynch , Marisa Omori |
Crack as Proxy: Aggressive Federal Drug Prosecutions and the Production of Black--white Racial Inequality |
52 Law and Society Review 773 (September, 2018) |
In this article, we empirically examine jurisdictional variations in federal crack prosecutions to measure whether aggressive crack prosecutorial practices are associated with racial inequality in federal caseload characteristics and outcomes. Building on theories that address the production of inequality in institutional settings, we hypothesize... |
2018 |
| Jeffrey T. Horner |
De Jure Social Control of Blacks in Pre-1967 Detroit |
18 Journal of Law in Society 169 (Fall, 2018) |
The 50 anniversary of the release of the Report of the National Advisory Commission on Civil Disorders offers a propitious opportunity to examine the broad set of causes and solutions offered by the Kerner Commission following hundreds of urban insurrections that occurred in the 1960s. The deadliest of these, occurring in Detroit in July 1967, was... |
2018 |
| C. Daniel Chill |
Did the African-american Electorate Unintentionally Help Elect Donald Trump President? |
34 Touro Law Review 713 (2018) |
Political scholars generally posit that income inequality is the primary cause for considering America to be electorally flawed. But, in fact, it is race, not wealth, that fundamentally impacts the electoral dynamic in the United States, at least during this past decade and more. Examples of racially driven electoral influences abound. Statistical... |
2018 |
| Dr. Julian Vasquez Heilig , Dr. Steven Nelson , Matt Kronzer |
Does the African American Need Separate Charter Schools? |
36 Law & Inequality: A Journal of Theory and Practice 247 (Summer, 2018) |
In Does the Negro Need Separate Schools?, W.E. Burghardt Du Bois asked if separate schools and institutions [were] needed for the proper education of African Americans. The existing system of public education in the United States includes some places that are excelling and some that are struggling. Overall, the United States performs in the... |
2018 |
| Carla M. Newman |
Essay: Bartering from the Bench: a Tennessee Judge Prevents Reproduction of Social Undesirables; Historic Analysis of Involuntary Sterilization of African American Women |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 53 (Spring, 2018) |
At various points during American history, there have been stark moments where the autonomy of the African American female body has been compromised, degraded, and subjected to abuse due to the status of African American women. African American women who were victims of the slave trade experienced exploitation not only because of their race, but... |
2018 |
| Kenneth B. Nunn |
Essentially Black: Legal Theory and the Morality of Conscious Racial Identity |
97 Nebraska Law Review 287 (2018) |
In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the... |
2018 |
| Samone Ijoma |
False Promises of Protection: Black Women, Trans People & the Struggle for Visibility as Victims of Intimate Partner and Gendered Violence |
18 University of Maryland Law Journal of Race, Religion, Gender and Class 255 (Spring, 2018) |
While new gun laws in Tennessee and Indiana aimed at victims of gendered violence are supposedly an added layer of protection, these laws assume that all victims of domestic violence receive equal treatment, both in the civil and criminal legal systems. Such laws are problematic because they would have a disparate impact on Black women and trans... |
2018 |
| Emma Luttrell Shreefter |
Federal Felon-in-possession Gun Laws: Criminalizing a Status, Disparately Affecting Black Defendants, and Continuing the Nation's Centuries-old Methods to Disarm Black Communities |
21 CUNY Law Review 143 (Fall, 2018) |
I. His Brother's Keeper. 144 II. Examining the Felon in Possession Laws. 148 A. Elements of the Crime: Felon in Possession. 148 B. What These Laws Seek to Prevent and Punish: Criminalizing the Status of Being a Felon, Rather Than Harmful Action. 153 III. Unequal and Racially Disproportionate Crime Control Efforts and Enforcement of Felon in... |
2018 |
| Shaytonna V. Bullock |
Fee Simple Subject to Executory Interest: an Analysis of the Preemption and Revocation of Black Property Rights |
12 Southern Journal of Policy and Justice 205 (Fall, 2018) |
Blacks have contributed to the fabric of the United States of America in ways that no other group has. Beyond building the very foundation of this country from the sweat, blood, and tears of generations of slaves, African Americans have substantially contributed to the intellectual and structural development of this nation by way of inventions,... |
2018 |
| Brad Tharpe |
Ftc V. At&t: Black Mirror Brought to Life? |
62 Saint Louis University Law Journal 485 (Winter, 2018) |
The internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we've ever had. ~ Eric Schmidt, Google, Inc., CEO The Netflix original series, Black Mirror, paints the grim picture of a not-too distant future dominated by nefarious entities preying on the public through the titular... |
2018 |
| Janaya Trotter Bratton , Rickell Howard Smith |
Growing up a Suspect: an Examination of Racial Profiling of Black Children and Effective Strategies to Reduce Racial Disparities in Arrests |
45 Northern Kentucky Law Review 137 (2018) |
Racial profiling is the practice of police and other law enforcement officers relying, to any degree, on race, color, descent or national or ethnic origin as the bases for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity. Discriminatory treatment and profiling of racial and... |
2018 |
| Katherine J. King |
Heller as Popular Constitutionalism? The Overlooked Narrative of Armed Black Self-defense |
20 University of Pennsylvania Journal of Constitutional Law 1237 (May, 2018) |
On July 6, 2016, Diamond Lavish Reynolds live streamed a video on Facebook that was seen by millions of people in the days that followed. This video depicts the final moments of Philando Castile, Reynolds' thirty-two-year-old, black boyfriend, who had just been shot by Jeronimo Yanez, a Saint Anthony, Minnesota police officer. Viewers observe... |
2018 |
| Dorothy A. Brown |
Homeownership in Black and White: the Role of Tax Policy in Increasing Housing Inequity |
49 University of Memphis Law Review 205 (Fall, 2018) |
I. Introduction. 205 II. Tax Subsidies for Homeownership. 207 III. Homeownership and Race. 213 A. Historical Racial Inequality in Homeownership. 213 B. The Race-Based Appreciation Gap. 214 C. Homeownership Wealth in Black and White. 221 IV. Tax Subsidies and Race. 223 V. Suggestions for Reform. 225 VI. Conclusion. 227 |
2018 |
| Kenneth P. Nolan |
Hugo Black and the Murder of Father James E. Coyle |
44 No. 3 Litigation 62 (Spring, 2018) |
In the early evening on August 11, 1921, Edwin Stephenson, a Methodist minister, walked to the porch of the rectory of St. Paul's Cathedral in Birmingham, Alabama, and shot Father James E. Coyle three times, killing him. He then turned himself in to the sheriff. Stephenson's reason for the shooting was simple: Earlier that day at St. Paul's, Coyle... |
2018 |
| A. Kayum Ahmed, Columbia University |
Human Rights and the Non-human Black Body |
3 Columbia Human Rights Law Review Online Online 1 (2018) |
On March 9, 2015, a black student threw feces against a statue of British imperialist Cecil John Rhodes, located at the University of Cape Town in South Africa. The incident sparked the formation of #RhodesMustFall, a black radical student movement that sought to address institutional racism at the university through its demand to decolonize the... |
2018 |
| Edward J. Littlejohn |
I. American Law, Slaves, and Freedmen |
18 Journal of Law in Society 1 (Spring, 2018) |
Laws empower governments. They control behavior, shape attitudes and codify important societal values. As predominant means for promoting change or preserving the status quo, laws also reflect a people's fundamental ideals, including their racial beliefs. Throughout most of American history, dominant beliefs in the inherent inferiority of blacks... |
2018 |
| Edward J. Littlejohn |
Ii. Slaves, Laws, and Courts in Early Detroit and Michigan |
18 Journal of Law in Society 18 (Spring, 2018) |
In early Michigan, Africans and Native Americans were enslaved in the Detroit settlement, which at the time spanned both sides of the Detroit River. On a smaller scale, slavery also was practiced in the northern fur trading posts at Michilimackinac. Black slavery existed during three distinct periods of governance in Michigan's history: the French,... |
2018 |
| Edward J. Littlejohn |
Iii. From Statehood to Reconstruction: No Longer Slaves, Not Yet Citizens |
18 Journal of Law in Society 39 (Spring, 2018) |
The end of slavery in Michigan was made official with statehood. Michigan's first constitution, adopted in 1835, provided that: Neither slavery nor involuntary servitude shall ever be introduced into this state, except for the punishment of crimes of which the party shall have been duly convicted. Although slavery was proscribed, its underlying... |
2018 |
| Andrew Guthrie Ferguson |
Illuminating Black Data Policing |
15 Ohio State Journal of Criminal Law 503 (Spring, 2018) |
The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. Police departments across the United States--like the civilian population--will learn to adapt to ever-shifting technological innovations and efficiencies. The question of adoption is not... |
2018 |
| Miriam S. Gohara |
In Defense of the Injured: How Trauma-informed Criminal Defense Can Reform Sentencing |
45 American Journal of Criminal Law 1 (Spring, 2018) |
I. Introduction. 2 II. Why Trauma Matters. 11 III. Limits on Consideration of Trauma in Noncapital Sentencing. 25 IV. Defense Lawyers' Obligation of Trauma-Informed Sentencing Advocacy. 32 V. What Trauma-Informed Sentencing Representation Should Look Like. 36 VI. Supreme Court Precedent Concerning Childhood Adversity's Relevance to Sentencing. 39... |
2018 |
| Daniel Hatoum |
Injustice in Black and White: Eliminating Prosecutors' Peremptory Strikes in Interracial Death Penalty Cases |
84 Brooklyn Law Review 165 (Fall, 2018) |
In 1990, Clarence Lee Brandley, a black death row inmate, proved he was innocent. Nearly a decade earlier, Brandley was part of a group of janitors who discovered the body of Cheryl Dee Fergeson, a sixteen-year-old white volleyball player, after she had been raped and murdered. The main suspects became the janitors, all of whom were white, except... |
2018 |
| Edward J. Littlejohn |
Iv. The Michigan Supreme Court and Black Rights |
18 Journal of Law in Society 59 (Spring, 2018) |
The Supreme Court of the State succeeded the Territorial Court through legislation enacted March 26, 1836. Originally comprised of the three circuit court judges, in 1838, the court became a four-member bench, consisting of a chief justice and three associate justices. In 1848, the number of judges was increased to five; the Constitution of 1850... |
2018 |
| Khaled A. Beydoun |
Les Bleus and Black: a Football Elegy to French Colorblindness |
103 Minnesota Law Review Headnotes 20 (2018) |
If I score, I'm French. If I don't, I'm an Arab. - Karim Benzema, French footballer There is no room for the word race in the Republic. - François Hollande, the 24 President of France In 1998, the chiseled face of the French football team's talisman, Zinedine Zidane, was illuminated on the Arc de Triomphe. An endless sea of French men, women... |
2018 |
| Valeria M. Pelet del Toro |
Let Black Girls Learn: Perceptions of Black Femininity and Zero-tolerance Policies in Schools |
87 Revista Juridica Universidad de Puerto Rico 55 (2018) |
Introduction. 55 I. Black Girls and the School-to-Prison Pipeline. 58 A. Zero-Tolerance Policies: From the Streets to the Classroom. 58 B. By the Numbers: School Discipline's Disparate Impact on Black Girls. 60 II. Discretionary Zero-Tolerance Policies in Schools and the Role of Having an Attitude. 62 III. Black Girls Speak Out. 65 IV. What We... |
2018 |