| Author | Title | Citation | Summary | Year |
| C. D. Rogers |
Locking up Our Own: Crime and Punishment in Black America by James Forman, Jr. |
92-OCT Florida Bar Journal 87 (September/October, 2018) |
All of us in the public defender's office fear the Martin Luther King speech. Forman's first line in this winner of the 2018 Pulitzer Prize for Nonfiction begins our challenging read. His last challenge is this: Mass incarceration, as we have seen, was constructed incrementally, and it may have to be dismantled the same way. In 1995, one in... |
2018 |
| Shamika D. Dalton , Gail Mathapo , Endia Sowers-Paige |
Navigating Law Librarianship While Black: a Week in the Life of a Black Female Law Librarian |
110 Law Library Journal 429 (Summer, 2018) |
The ideal work environment provides a sense of purpose and validation. Inevitably, however, unconscious or implicit biases permeate the workplace because we all have them. These biases can be based on race, age, gender, religion, socioeconomic status, physical disability, and other characteristics. Implicit bias in the workplace can stymie... |
2018 |
| Anders Walker, Saint Louis University |
New Takes on Jim Crow: a Review of Recent Scholarship |
36 Law and History Review 173 (February, 2018) |
Nicholas Guyatt, Bind Us Apart: How Enlightened Americans Invented Racial Segregation, New York: Basic Books, 2016. Pp. xii, 403. $29.99 cloth (ISBN 978-0-4650-1841-3). Sarah Haley, No Mercy Here: Gender, Punishment, and the Making of Jim Crow Modernity, Chapel Hill: University of North Carolina Press, 2016. Pp. xv, 337. $34.95 cloth (ISBN... |
2018 |
| Loretta A. Moore, Ph.D. , Candis Pizzetta, Ph.D. , Angela Mae Kupenda, J.D. , Evelyn J. Leggette, Ph.D. |
Normalizing the Recognition of Implicit Bias as a Precursor to Normalizing Blackness: the Jsu Advance Implicit Bias Think Tank--mitigating Implicit Bias Against Black Female Faculty in Stem at Hbcus in the Deep South, and Other Groups More Broadly |
12 Southern Journal of Policy and Justice 3 (Fall, 2018) |
Blackness is routinely considered as being outside the norm of America and more specifically, outside the norm of whiteness. As a result, blackness is feared, despised, scrutinized, and underrated--to use just a few verbs. Some bias against blackness was quite overt in the past. In today's America, overt and state sanctioned bias is regarded as... |
2018 |
| Amna Toor |
Our Identity Is Often What's Triggering Surveillance: How Government Surveillance of #Blacklivesmatter Violates the First Amendment Freedom of Association |
44 Rutgers Computer and Technology Law Journal 286 (2018) |
I. INTRODUCTION: Birth of the #BlackLivesMatter Movement-- Formation of a Social Movement and a Target of Government Surveillance. 287 II. BACKGROUND: Revisiting the Past & Joining the Future - Tracing Surveillance from Slavery to COINTELPRO to the #BlackLivesMatter Movement. 294 III: Finding Association: Unraveling the First Amendment Freedom of... |
2018 |
| Raisa D'Oyley |
Overrepresented and under the Radar: Black Immigrants in Law School and the Legal Profession |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2018) |
Though black immigrants only represent less than nine percent of the population of blacks in America, they are overrepresented in colleges and universities, particularly at selective institutions. Researchers have not been able to conclusively determine the cause. Though unidentifiable, these factors will continue to influence representation in... |
2018 |
| Rachel Smith |
Policing Black Residents as Nuisances: Why Selective Nuisance Law Enforcement Violates the Fair Housing Act |
34 Harvard Journal on Racial & Ethnic Justice 87 (Spring, 2018) |
She was rapidly losing blood after her ex-boyfriend stabbed her in the neck, but Lakisha Briggs did not call 911. A neighbor saw her walking through the street, bleeding, and called for paramedics, who rushed to airlift Ms. Briggs to the hospital. When she eventually returned home, Ms. Briggs discovered her landlord was evicting her. The reason:... |
2018 |
| Jay Yi |
Reaction To: 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 63 (Spring, 2018) |
While Carla Newman's attempts to spotlight the state's tyranny of black women via compelled sterilization is laudable and rather unique, the article, Essay: Bartering from the Bench: A Tennessee Judge Prevents Reproduction of Social Undesirables; Historic Analysis of Involuntary Sterilization of African American Women gives an incomplete portrayal... |
2018 |
| Stephanie Hong |
Say Her Name: the Black Woman and Incarceration |
19 Georgetown Journal of Gender and the Law 619 (Spring, 2018) |
In the modern 21st century, the United States imprisons more people per capita than any other country in the world. This mass incarceration epidemic, deeply rooted in a history of oppression and racism, is primarily discussed in the context of its effects on black men. Black women, on the other hand, are often forgotten in the discussion despite... |
2018 |
| Susan D. Carle |
Selected Historical Bibliography on African American Women's Activism (Focusing on 1880 to 1920) |
47 Hofstra Law Review 117 (Fall, 2018) |
At the colloquium, some of the activist/scholars in the room complained about the apparent lack of literature on activism by U.S. women of color in early historical periods. As a participant pointed out, this apparent gap can lead to a lack of inspiration and role models for contemporary lawyer/activists. But this perceived gap in the historical... |
2018 |
| Ursula Tracy Doyle |
Strange Fruit at the United Nations |
61 Howard Law Journal 187 (Winter, 2018) |
INTRODUCTION. 189 I. THE UNITED NATIONS. 192 A. The Founding. 192 B. The United Nations Charter. 195 II. THE UNITED STATES. 201 III. STRANGE FRUIT AT THE UNITED NATIONS. 208 A. The General Assembly. 209 1. General Condemnations of Racial Segregation and Racial Discrimination. 211 2. Specific Condemnations of Racial Segregation and Racial... |
2018 |
| Laura Cohen |
The "Reasonable Black Child"--youth, Race, and the Fourth Amendment |
33-FALL Criminal Justice 37 (Fall, 2018) |
David, a 16-year-old African American boy, stood on the sidewalk, his feet frozen to the pavement. It was 9:00 p.m. on a summer night, and he had just walked out of his family's home to get ice cream at the corner store. The house was located on a residential street where police were a constant presence and routinely stopped and questioned... |
2018 |
| Gabriel H. Rubinstein |
The Arabbers and Their Horses: Reconciling Animal Welfare Concerns and African American Tradition to Benefit Baltimore City |
4 Mid-Atlantic Journal on Law and Public Policy 177 (Spring-Summer, 2018) |
I. INTRODUCTION. 178 II. THE BALTIMORE ARABBERS: AN AFRICAN AMERICAN FOLK TRADITION. 181 A. A Brief History. 182 B. Benefits to the City. 185 1. Strawberries by the Quart!. 185 2. Tourism and Economic Development. 188 3. Value to the City Community. 190 III. RELATIONSHIP BETWEEN THE ARABBERS AND THE CITY GOVENMENT. 193 A. Past Confrontations... |
2018 |
| Yavar Bathaee |
The Artificial Intelligence Black Box and the Failure of Intent and Causation |
31 Harvard Journal of Law & Technology 889 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 890 II. AI, Machine-Learning Algorithms, and the Causes of the Black Box Problem. 897 A. What Is Artificial Intelligence?. 898 B. How Do Machine-Learning Algorithms Work?. 899 C. Two Machine-Learning Algorithms Widely Used in AI and the Black Box Problem. 901 1. Deep Neural Networks and Complexity. 901 2.... |
2018 |
| Kimberlee Gee |
The Attack on Political Speech and Black Activism: What the Nfl Protests Are Teaching Us about Civil Liberties and Civil Rights |
23-APR NBA National Bar Association Magazine Mag. 8 (April, 2018) |
Unless you have been living in a bubble, you are likely aware of the National Football League (NFL) protests that have been taking place across the country. While these NFL protests commenced during the 2016 football season, they began to grow even more in scale and gained even more attention after President Donald Trump's comments at an Alabama... |
2018 |
| Weston W. Reeves |
The Black 14 Case |
41-APR Wyoming Lawyer 26 (April, 2018) |
You are off the team. You can go back on Negro relief. - Coach Lloyd Eaton, October 1969 Get that son of a bitch off the field right now. - President Donald Trump, September 2017 On November 10, 1969, three months into my life as a lawyer, there I was in the big federal courtroom in Cheyenne, as the least member of the legal team on the... |
2018 |
| Ann Linder |
The Black Man's Dog: the Social Context of Breed Specific Legislation |
25 Animal Law 51 (2018) |
Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit pit bulls' in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans... |
2018 |
| Devon W. Carbado , L. Song Richardson |
The Black Police: Policing Our Own Locking up Our Own: Crime and Punishment in Black America. By James Forman Jr. New York, N.y.: Farrar, Straus and Giroux. 2017. Pp. 306. $27.00 |
131 Harvard Law Review 1979 (May, 2018) |
Since Darren Wilson shot and killed Michael Brown in 2014, the problem of police violence against African Americans has been a relatively salient feature of nationwide discussions about race. Across the ideological spectrum, people have had to engage the question of whether, especially in the context of policing, it's fair to say that black lives... |
2018 |
| Brian G. Gilmore , Hannah D. Adams |
The Case for a Reparations Clinic: a Proposal for Investigation, Documentation, and Remediation of Historic Housing Discrimination Through the Law School Clinic Model |
2018 Michigan State Law Review 1309 (2018) |
This Article will provide a blueprint for the creation of a law school based, or associated, clinic dedicated to addressing wealth and inequality issues created by the nation's racial caste system. Much of the focus shall be on reparations for discriminatory conduct in the housing market, but the Article shall also focus upon reparations in general... |
2018 |
| Garrett Chase |
The Early History of the Black Lives Matter Movement, and the Implications Thereof |
18 Nevada Law Journal 1091 (Spring, 2018) |
From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America's consciousness. But what is this movement? Where did it come from? Does Black Lives Matter stand for civil rights, or human rights? What... |
2018 |
| Tiffany R. Simmons, J.D. |
The Effects of the War on Drugs on Black Women: from Early Legislation to Incarceration |
26 American University Journal of Gender, Social Policy and the Law 719 (2018) |
I. Introduction. 719 II. Early Legislation of the War on Drugs. 722 III. Federal Sentencing Regulations and the Shift of Power from Judges to Prosecutors. 724 IV. Prosecutorial Discretion and Its Disproportionate Impact on Black Women. 726 V. The Executive Branch's Impact on the War on Drugs and Sentencing Disparities (1991 to 2017). 733 VI. The... |
2018 |
| Briana N. Tookes |
The False Reality of the African American Culture: the Fcc and Reality Television |
5 Savannah Law Review 369 (2018) |
Television is the gateway of communication across the world, as it projects the news, educational information, and entertainment for viewers. However, television gives false perceptions about the realities of the world, especially pertaining to different cultures, such as the African American culture. Since the beginning of television, the... |
2018 |
| Bianca A. White |
The Invisible Victims of the School-to-prison Pipeline: Understanding Black Girls, School Push-out, and the Impact of the Every Student Succeeds Act |
24 William and Mary Journal of Women and the Law 641 (Spring, 2018) |
Introduction I. Brief History II. Understanding Black Girlhood and the School-to-Prison Pipeline III. The Necessity of Programs for Black Girls IV. Every Student Succeeds Act V. Ending School Push-out Conclusion A stigma follows Black girls: they are said to be unruly, defiant, unsophisticated, and to have bad attitudes. This stigma is reinforced... |
2018 |
| Thomas Ward Frampton |
The Jim Crow Jury |
71 Vanderbilt Law Review 1593 (October, 2018) |
Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting the Jim Crow jury actively fought, both inside and outside the... |
2018 |
| Janyl Relling Smith |
The Legacy of Slavery, Cognitive Shortcuts, and Biased News: the Mass Media's Vilification of Black Males and the Resulting "Reasonableness" of Excessive Force by Law Enforcement |
8 University of Miami Race & Social Justice Law Review 23 (Summer, 2018) |
I. Introduction. 24 II. Early Vilification, Policing the Outgroup, and Stifling Assimilation: A Brief Historical Look at Institutionalized Racism. 29 A. Law, Procedure, Early Policing, and Legal Sentiments of the High Court: Systems and Institutions as They Related to Blacks in an Antebellum America. 30 1. Slave Codes. 30 2. Fear and Subsequent... |
2018 |
| Katherine Macfarlane |
The New Jim Crow's Equal Protection Potential |
27 William & Mary Bill of Rights Journal 61 (October, 2018) |
In 1954, the Supreme Court's Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson's separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative... |
2018 |
| Bennett Liebman |
The Quest for Black Voting Rights in New York State |
11 Albany Government Law Review 389 (2017-2018) |
That New York is not a slave state like South Carolina is due to climate and not to the superior humanity of the founders. George Bancroft, History of the United States There is a tendency to oversimplify the battle over black voting rights (and civil rights in general) in nineteenth century America as a struggle between the South and the North,... |
2018 |
| Kristin Henning |
The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment |
67 American University Law Review 1513 (June, 2018) |
Police contact with black youth is ubiquitous. Under the guise of reasonable articulable suspicion, police stop black youth on the vaguest of lookout descriptions--black boys running, two black males in jeans, one in a gray hoodie, black male in athletic gear, and black male with a bicycle. Young black males are treated as if they are out... |
2018 |
| Teri A. McMurtry-Chubb |
The Rhetoric of Race, Redemption, and Will Contests: Inheritance as Reparations in John Grisham's Sycamore Row |
48 University of Memphis Law Review 889 (Spring, 2018) |
I. Introduction. 890 II. Reparations as Racial Rhetoric: Racializing Nomos, Logos, Pathos, and Ethos. 893 A. The Racialized Universe of Reparations Discourse. 893 B. Logos, Ideographs, and Analytical Frameworks in Reparations Litigation. 910 1. Johnson v. McAdoo. 915 2. Cato v. United States. 917 3. Pigford v. Glickman. 922 4. Obadele v. United... |
2018 |
| Dorothy Franks |
The Rumor on Adopting Children for Their Organs: a Compelling Reason to Address a Thriving Organ Black Market and the Prevalence of Children Being Trafficked into Adoption |
14 Journal of Health & Biomedical Law 169 (2018) |
[F]oreigners [are] adopting handicapped children apparently for humanitarian reasons, but . they . [are] in fact dismembering these unfortunates and selling the organs in North America for perhaps $10,000 each. - Leonardo Villeda Bermudez, former Secretary General of the Honduran Committee for Social Welfare From Latin America, across to Europe,... |
2018 |
| Makiba Gaines |
This Means War: a Case for Just Reparations under the Doctrine of Inalienability |
30 Regent University Law Review 433 (2017-2018) |
A close examination of America's post-emancipation timeline reveals incessant cycles of racial discord marked by turbulent junctures of conflict between Blacks and American governments. Sustained antagonism is evinced by at least one major declaration of mass dissent every twenty to thirty years since ratification of the Thirteenth Amendment. Most... |
2018 |
| Andrea Freeman |
Unmothering Black Women: Formula Feeding as an Incident of Slavery |
69 Hastings Law Journal 1545 (August, 2018) |
Laws and policies that impede Black mothers' ability to breastfeed their children began in slavery and persist as an incident of that institution today. They originated in the practice of removing enslaved new mothers from their infants to work or to serve as wet nurses for slave owners' children. The stereotype of the bad Black mother justified... |
2018 |
| Kimberly A. Yuracko , Ronen Avraham |
Valuing Black Lives: a Constitutional Challenge to the Use of Race-based Tables in Calculating Tort Damages |
106 California Law Review 325 (April, 2018) |
This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... |
2018 |
| Candace Caruthers |
When the Cops Become the Robbers: the Impact of Asset Forfeiture on Blacks and How to Curtail Asset Forfeiture Abuses |
62 Howard Law Journal 277 (Fall, 2018) |
INTRODUCTION. 278 I. BACKGROUND ON ASSET FORFEITURE AND THE EXCESSIVE FINES CLAUSE. 282 A. The Historical Background of Civil and Criminal Asset Forfeiture. 282 B. Origins of the Eighth Amendment Excessive Fines Clause and Bajakajian's Proportionality Approach. 284 C. Benefits of an Improved Excessive Fines Test. 287 II. ANALYSIS: HONEYCUTT FAILS... |
2018 |
| Jody Armour |
Where Bias Lives in the Criminal Law and its Processes: How Judges and Jurors Socially Construct Black Criminals |
45 American Journal of Criminal Law 203 (Spring, 2018) |
I. Introduction. 204 II. Denials of Racially Biased Constructions of Black Criminals: Why Paradigms Matter. 205 A. Evidence of Biased Constructions of Black Criminals in Character-Based Approaches to Mens Rea. 206 B. Concrete Illustration. 208 III. Prevailing Mens Rea Paradigm Ignores Room for Biased Social Construction of Black Criminals. 218 IV.... |
2018 |
| Darren Lenard Hutchinson |
Who Locked Us Up? Examining the Social Meaning of Black Punitiveness: Locking up Our Own: Crime and Punishment in Black America: by James Forman, Jr. Farrar, Straus and Giroux, 2017 |
127 Yale Law Journal 2388 (June, 2018) |
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... |
2018 |
| Laura Goolsby |
Why International Law Should Matter to Black Lives Matter: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of the Family of Eric Garner |
21 University of Pennsylvania Journal of Law and Social Change 29 (2018) |
The United States consistently fails to provide effective remedies to victims of unlawful force perpetrated by police departments around the country. Efforts to address this impunity and underlying systemic racism have met with limited success. Recently, activists and scholars have begun calling for international review of these practices. This... |
2018 |
| Carrie Menkel-Meadow |
Why We Can't "Just All Get Along": Dysfunction in the Polity and Conflict Resolution and What We Might Do about it |
2018 Journal of Dispute Resolution 5 (Fall, 2018) |
These are very troubled times. The polity is seriously divided; people who march for white supremacy and hate are called nice and very good people by an unhinged, but Constitutionally elected, President; relations between citizens of color and police are at a high level of hostility and distrust; Congress is unable to pass virtually any... |
2018 |
| Taurus Myhand |
You Be the Judge: the Wholesale Implementation of Bail Schedules by the Judiciary as an Abdication of Adjudicatory Responsibility Creating a Disparate Impact for African-americans and Hispanics Accused of Criminal Offenses |
42 Journal of the Legal Profession 261 (Spring, 2018) |
Very few people, if any, have not been exposed to the often-repeated assertion that a person accused of a criminal offense in the United States is presumed innocent until proven guilty. The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the country. In... |
2018 |
| Martina Cartwright , Thelma Harmon |
#Blacklawyersmatter: the Importance of Pro Bono Initiatives and Experiential Opportunities at Historically Black College and University Law Schools in Preparing a New Generation of Social Engineers |
18 Florida Coastal Law Review 315 (Summer, 2017) |
The black college is an example of an institution that has experimented with different ways of involving students in relevant community experience. For unto whomsoever much is given, of him shall be much required; and to whom men have committed much, of him they will ask the more. In 2015, the British newspaper, The Guardian, published an... |
2017 |
| Mikah K. Thompson |
A Culture of Silence: Exploring the Impact of the Historically Contentious Relationship Between African-americans and the Police |
85 UMKC Law Review 697 (Spring, 2017) |
A legacy of biased police discretionary decision-making persists beyond the demise of de jure racial discrimination, perpetuating a relationship between the police and racial minorities that is primarily authoritarian, regulatory, and punitive in character. Further, contemporary policy decisions at the federal, state, and local levels continue to... |
2017 |
| L. Darnell Weeden |
A Growing Consensus: State Sponsorship of Confederate Symbols Is an Injury-in-fact as a Result of Dylann Roof's Killing Blacks in Church at a Bible Study |
32 BYU Journal of Public Law 113 (2017) |
The current debates over Confederate symbols were ignited by Dylann Roof's murder of nine black churchgoers in Charleston, S.C. in 2015. The racially motivated killings produced new opposition to Confederate icons in public spaces. As New Orleans officials eliminated the statue of Louisiana native son and Confederate General P.G.T. Beauregard on... |
2017 |
| Trina Jones , Kimberly Jade Norwood |
Aggressive Encounters & White Fragility: Deconstructing the Trope of the Angry Black Woman |
102 Iowa Law Review 2017 (July, 2017) |
ABSTRACT: Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor's acts and the bias that fuels them. This Article seeks to raise awareness of these aggressive encounters and to challenge a prevailing... |
2017 |
| Margaret Hu |
Algorithmic Jim Crow |
86 Fordham Law Review 633 (November, 2017) |
This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... |
2017 |
| Inga T. Winkler, Catherine Coleman Flowers |
America's Dirty Secret: the Human Right to Sanitation in Alabama's Black Belt |
49 Columbia Human Rights Law Review 181 (Fall, 2017) |
C1-2Contents Introduction. 182 I. The Sanitation Crisis in Lowndes County, Alabama. 184 A. Lacking and Failing Infrastructure and the Burden on Individuals. 186 B. Impact of Inadequate Sanitation. 190 C. Criminalizing Inadequate Sanitation. 191 D. Reflecting Broader Patterns of Racial Inequalities in Access to Sanitation. 192 II. The Human Right to... |
2017 |
| Renee Henson |
Are My Cornrows Unprofessional?: Title Vii's Narrow Application of Grooming Policies, and its Effect on Black Women's Natural Hair in the Workplace |
1 Business, Entrepreneurship & Tax Law Review 521 (Fall, 2017) |
Employer grooming policies are ubiquitous and apply to all in the workplace, however, the hair standards within these policies do not permit women to wear a myriad of ethnic hairstyles at work. Banning ethnic hairstyles like braids, cornrows, and dreadlocks adversely and disproportionally affects black women. Banning ethnic styles because they are... |
2017 |
| Blanche Bong Cook |
Biased and Broken Bodies of Proof: White Heteropatriarchy, the Grand Jury Process, and Performance on Unarmed Black Flesh |
85 UMKC Law Review 567 (Spring, 2017) |
The intention in torture of humans is . to silence the other's voice by wrecking his or her body; it is to make the tortured speak the torturer's words instead of his own. Margaret A. Farley Although scholars have theorized about systemic racialized police violence, less attention has been given to systemic practices in the investigations and grand... |
2017 |
| Chanae L. Wood |
Black and Poor: the Grave Consequences of Utah V. Strieff |
30 Saint Thomas Law Review 68 (Fall, 2017) |
Suppose a nineteen-year-old Black male, Jason, decides to watch a late night movie with friends. The group of friends meet on the corner outside of the local convenience store. However, Jason arrives early. Out of habit, he paces back and forth, as he waits for the others to arrive. Two police officers, patrolling the area for drug activity, notice... |
2017 |
| Daniel C. Epstein |
Black and White and Gray All Over: How Anticlassification Theory Can Endorse Race-based Affirmative Action Policies |
20 University of Pennsylvania Journal of Constitutional Law 433 (December, 2017) |
Constitutional commentators have long emphasized two dominant strains in the Court's approach to the Equal Protection Clause, often termed antisubordination and anticlassification. In the classical formulation, anticlassification sees the treatment of individuals based on race or ethnicity as the primary concern of equal protection; it... |
2017 |
| Rebecca Chapman |
Black Mirror: the Twin Abstractions of the American Dollar and the American Vote |
11 Unbound: Harvard Journal of the Legal Left 37 (2017) |
You have to choose [as a voter] between trusting to the natural stability of gold and the natural stability of the honesty and intelligence of members of the Government. And, with due respect for these gentlemen, I advise you, as long as the Capitalist system lasts, to vote for gold. - George Bernard Shaw Legislators represent people, not trees... |
2017 |