| Author | Title | Citation | Summary | Year | Key Terms |
| Alireza Nourani-Dargiri |
BAILING OUT THE PROTESTER |
14 Columbia Journal of Race and Law 977 (August, 2024) |
The United States cash bail system unconstitutionally hinders protest rights enshrined in the First Amendment. Protesting on controversial issues, while protected activity, often risks arrests and other interactions with police. Unfortunately, studies show that protesters of color are arrested at higher rates than white protesters. Cash bail, in... |
2024 |
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| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
|
| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
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| Susan Greene |
CHOOSE YOUR WORDS CAREFULLY SOCIAL MEDIA, SOCIAL JUSTICE, AND THE WORKPLACE |
41 Hofstra Labor and Employment Law Journal 363 (Spring, 2024) |
In an age of social and political activism, speech has become an important corporate tool. This may be a profit-maximizing marketing strategy, as a cynic might say, or an initiative to use power for the greater good, as an idealist might say. Regardless, today's corporate speech extends far beyond the ambit of a company's services or expertise and... |
2024 |
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| Alexis Hoag-Fordjour |
COMMUNITY RESPONSIVE PUBLIC DEFENSE |
92 Fordham Law Review 1309 (March, 2024) |
I. Defining the Terms. 1311 A. Defining the Community. 1312 B. Responding to That Community. 1315 C. Increased Community Action Addressing Injustice. 1318 II. Community Responsiveness in Action. 1321 A. Mindful, Mission-Driven Staffing. 1322 B. Advocacy Outside of the Courtroom. 1325 C. Funding Source Makes a Difference. 1328 III. Benefits and... |
2024 |
|
| Kate Andrias |
CONSTITUTIONAL CLASH: LABOR, CAPITAL, AND DEMOCRACY |
118 Northwestern University Law Review 985 (2024) |
Abstract--In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these... |
2024 |
|
| Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
|
| Gina-Gail S. Fletcher , H. Timothy Lovelace, Jr. |
CORPORATE RACIAL RESPONSIBILITY |
124 Columbia Law Review 361 (March, 2024) |
The 2020 mass protests in response to the deaths of George Floyd and Breonna Taylor had a significant impact on American corporations. Several large public companies pledged an estimated $50 billion to advancing racial equity and committed to various initiatives to internally improve diversity, equity, and inclusion. While many applauded... |
2024 |
|
| Jasmine B. Gonzales Rose |
CRITICAL RACE THEORY AS LEGAL EPISTEMIC JUSTICE |
104 Boston University Law Review 1295 (September, 2024) |
C1-2Contents Introduction. 1296 I. Critical Race Theory: Truth, Fearmongering, and Promise. 1297 A. What Is Critical Race Theory?. 1297 B. What Are the Attacks on CRT?. 1297 C. Why Is CRT Under Attack?. 1301 II. The Epistemic Injustice of Silencing CRT. 1303 A. Hermeneutical Injustice. 1304 B. Testimonial Injustice. 1306 C. Legal Epistemic... |
2024 |
|
| John Beaty |
CRITICAL RACE THEORY IN THE CLASSROOM: IOWA'S CRITICAL RACE THEORY BAN AND THE LIMITS OF THE FIRST AMENDMENT |
27 Journal of Gender, Race and Justice 137 (Winter, 2024) |
In 2019, Critical Race Theory (CRT) moved from the pages of law journals to the front page of the newspaper and became the centerpiece of a partisan political battle over the classroom. In response, several states have passed laws to ban CRT from the classroom. Iowa's CRT ban directly regulates speech about race in K-12 classrooms and one Iowa... |
2024 |
|
| Nick J. Sciullo |
DEFENDING CRITICAL RACE THEORY |
47 Seattle University Law Review Supra 1 (2-Aug-24) |
C1-2Contents Introduction. 1 I. K-12 Schools are Overrun with Critical Race Theory. 7 II. Critical Race Theory Is Marxist. 14 III. Critical Race Theory Encourages White Self-Hate. 23 IV. Critical Race Theory Indoctrinates Students. 26 V. Critical Race Theory Is Racial Essentialism. 29 VI. Criticism of Critical Race Theory. 31 Conclusion. 33 |
2024 |
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| Janel A. George |
DENY, DEFUND, AND DIVERT: THE LAW AND AMERICAN MISEDUCATION |
112 Georgetown Law Journal 509 (March, 2024) |
Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund... |
2024 |
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| Tania N. Valdez |
DISABILITY, RACE, AND IMMIGRATION: THE INTERSECTIONAL IMPACT OF POLICING |
65 Boston College Law Review 1981 (June, 2024) |
Introduction. 1983 I. Background. 1989 A. Key Definitions. 1989 B. The Current Mental Health Care Crisis. 1992 C. Mental Illness & Policing. 1996 1. Roots of Police Violence. 1996 2. Case Studies. 1999 3. An Introduction to Intersectionality's Effect on Policing Outcomes. 2002 II. An Overlooked Intersecting Issue: How Noncitizens with Disabilities... |
2024 |
|
| Mary Marston |
DIVERSITY AND INCLUSION TRAININGS AS A PUBLIC RELATIONS IMPERATIVE: ADDRESSING THE FARAGHER-ELLERTH TEST VIA INTEREST-CONVERGENCE AND TARGETED UNIVERSALISM |
32 American University Journal of Gender, Social Policy and the Law 317 (2024) |
I. Introduction 318 II. Background 321 A. The Importance of Title VII in Workplace Discrimination and Harassment 321 B. The #MeToo Movement and Interest Convergence 325 C. What Comprises a Sexual Harassment or a Diversity and Inclusion Training? 326 III. Applying Interest Convergence and Targeted Universalism to Court's Understanding of Mutable... |
2024 |
|
| Thomas W. Simon |
DOES BLACK LEGAL THEORY MATTER? CRITICAL RACE THEORY AND A REVIVED RADICALISM |
18 Southern Journal of Policy and Justice 137 (May, 2024) |
C1-2Contents A. Introduction. 139 B. Alternative Histories. 141 C. Theory. 156 D. Methods. 160 E. Liberal Diversions. 168 F. Intersectionality. 195 G. Radical CRT. 209 H. Conclusion. 212 |
2024 |
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| Ann M. Lipton |
EVERY BILLIONAIRE IS A POLICY FAILURE |
18 Virginia Law & Business Review 327 (Summer, 2024) |
I. He Just . Tweeted it Out. 328 II. The Main Character. 331 III. How It Started. 340 IV. How It's Going. 353 A. The Dress Is White and Gold. 353 B. The Dress Is Blue and Black. 373 V. We're All Trying To Find the Guy Who Did This. 395 A. It's One Company. What Could It Cost?. 401 B. Sir, This Is an Arby's. 412 VI. Being Ungovernable. 426 VII.... |
2024 |
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| Michael Z. Green |
EXPANDING THE BAN ON FORCED ARBITRATION TO RACE CLAIMS |
72 University of Kansas Law Review 455 (March, 2024) |
When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) in March 2022, it signaled a major retreat from the Supreme Court's broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex,... |
2024 |
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| Katrina Isabela F. Blanco |
FROM ALIENATION TO ROOTEDNESS: DISCRIMINATION AGAINST INDIGENOUS PEOPLES IN THE PHILIPPINES THROUGH EDUCATION |
39 American University International Law Review 517 (2024) |
You ask if we own the land. And mock us. Where is your title? When we query the meaning of your words you answer with taunting arrogance. Where are the documents to prove that you own the land? Titles. Documents. Proof (of ownership). Such arrogance to speak of owning the land. When you shall be owned by it. How can you own that which will... |
2024 |
|
| Malia Castillo |
GHOST WARRANTS AND MISTAKEN ARRESTS: HOW THEY HAUNT THE MARGINALIZED |
40 Chicana/o-Latina/o Law Review 83 (2024) |
Shortly before America's police brutality protests of 2020, a new term emerged for an old phenomenon in the criminal legal system: ghost warrants. These warrants are the result of outdated and sometimes inaccurate or incomplete information. Yet they continue to repeatedly land innocent people in jail, sometimes for months at a time. In essence,... |
2024 |
|
| Mark Cebert , Aliza B. Kaplan |
GOVERNOR KATE BROWN OF OREGON'S HISTORIC USE OF CLEMENCY: USING CLEMENCY EXACTLY AS IT WAS INTENDED |
28 Lewis & Clark Law Review 521 (2024) |
In Oregon, executive clemency is among the most expansive, yet historically underused, power a governor possesses. Yet, across her two terms as Oregon's 38 governor, Governor Kate Brown exercised her power of executive clemency a record 61,777 times, dwarfing the clemency use of her predecessors and her contemporaries in other states. Governor... |
2024 |
|
| H. Justin Pace , Western Carolina University, Cullowhee, North Carolina, USA |
HIGH-STATUS versus LOW-STATUS STAKEHOLDERS |
61 American Business Law Journal 191 (Fall, 2024) |
The literature on stakeholder theory has largely ignored the difficult and central issue of how judges and firms should resolve disputes among stakeholders. When the issue is addressed, focus has largely been on the potential for management to use stakeholder theory as cover for rent-seeking or on disputes between classes of stakeholders. Sharply... |
2024 |
|
| Professor Keeshea Turner Roberts |
INDOCTRINATION AT ITS APEX: 'STOP WOKE ACT' AND ITS RAMIFICATIONS ON LAW SCHOOLS AND PROFESSORS OF COLOR |
30 Widener Law Review 25 (2024) |
ABSTRACT: This essay delves deeply into the effectiveness of the successive waves of anti-Woke legislation in the state of Florida and explores the laws' broader implications. It goes beyond a mere examination of how these laws impact a professor's ability to exercise academic freedom when integrating anti-racism content into their curricula; it... |
2024 |
|
| Jayne S. Ressler |
JUROR PRIVACY VIA ANONYMITY |
93 Fordham Law Review 611 (November, 2024) |
Anonymous juries delivered verdicts in the hush-money criminal trial of Donald J. Trump, as well as both of E. Jean Carroll's defamation cases against him. After the defamation cases concluded, the judge cautioned the jurors against ever publicly revealing their identities. This was sound advice, as recent doxing, threats of violence, and online... |
2024 |
|
| Louise Grégoire |
LAW ENFORCEMENT USE OF FACIAL RECOGNITION--A COMPARATIVE APPROACH BETWEEN THE UNITED STATES AND EUROPE TO TACKLE THE RACIAL BIAS OF FACIAL RECOGNITION AGAINST PEOPLE OF COLOR |
39 American University International Law Review 415 (2024) |
I. INTRODUCTION. 416 II. FACIAL RECOGNITION USE BY LAW ENFORCEMENT AND ITS THREAT TO PEOPLE OF COLOR. 418 A. Racial Bias Within the Technology. 419 B. The Reinforcement of Racial Bias Within Law Enforcement. 424 III. HUMAN RIGHTS' IMPACTS. 427 A. Right to Privacy. 427 B. The Right of Assembly and Free Speech. 429 IV. THE INSUFFICIENCIES OF THE... |
2024 |
|
| Emmanuel Mauleón |
LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY |
112 California Law Review 755 (June, 2024) |
The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... |
2024 |
|
| Alex Pilla |
MAKING THE CASE FOR A THIRD RECONSTRUCTION BASED ON THE STATE OF VOTING RIGHTS IN AMERICA |
54 Seton Hall Law Review 1509 (2024) |
Along the unbroken chain of racism that links America's past to its present, there have been two points when the federal government--otherwise complicit or complacent--saw the mistreatment of African Americans as intolerable: the Civil War and the Civil Rights Movement. Although no provision of the Constitution or constitutional amendment... |
2024 |
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| John P. Anderson , Jeremy Kidd |
MARKET FAILURE AND CENSORSHIP IN THE MARKETPLACE OF IDEAS |
76 Oklahoma Law Review 269 (Winter, 2024) |
The familiar metaphor of the exchange of ideas as a marketplace has permeate [d] the Supreme Court's first amendment jurisprudence. Founded on the presumption that competition in markets leads to efficient outcomes, the analogy of a marketplace of ideas suggests that competition among ideas will reliably arrive at truth, or at least the most... |
2024 |
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| Michael L. Smith |
MORAL PANIC AND THE FIRST AMENDMENT |
72 Buffalo Law Review 455 (April, 2024) |
Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics... |
2024 |
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| Angela Onwuachi-Willig |
MOVING BEYOND STATEMENTS AND GOOD INTENTIONS IN U.S. LAW SCHOOLS |
75 Alabama Law Review 691 (2024) |
Introduction. 692 I. The Challenges to Becoming Antiracist Institutions. 699 II. Building the Pathway to Antiracist Lawyering. 709 Conclusion. 714 |
2024 |
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| Harvey Gee |
MOVING FORWARD TOGETHER: ASIAN AMERICANS AND ALLYSHIP IN A NON-BLACK-AND-WHITE AMERICA |
58 University of San Francisco Law Review 172 (2024) |
Last term, the U.S. Supreme Court overturned four decades of precedent when it effectively ended the use of affirmative action in the historical decision Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA v. Harvard). A 6-3 conservative supermajority held that the admissions programs used by Harvard College and the... |
2024 |
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