AuthorTitleCitationSummaryYearKey Terms
Darryl Li GENRES OF UNIVERSALISM: READING RACE INTO INTERNATIONAL LAW, WITH HELP FROM SYLVIA WYNTER 67 UCLA L. Rev. 1686 [UCLA Law Review] (April, 2021) Taking note of the relatively limited accounts of race in contemporary international legal doctrine, this Article posits a thought experiment: What would international legal theorizing look like not from the place of the metropole or the colony, but rather from the journey of the enslaved, from the barracoon to the hold of the slave ship to the... 2021  
Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams GLOBAL IMPUNITY: HOW POLICE LAWS & POLICIES IN THE WORLD'S WEALTHIEST COUNTRIES FAIL INTERNATIONAL HUMAN RIGHTS STANDARDS 49 Ga. J. Int'l & Comp. L. 243 [Georgia Journal of International and Comparative Law] (Spring, 2021) C1-2Table of Contents I. Introduction. 245 II. Background. 248 III. International Human Rights Framework and Methodology. 251 A. The Principles. 253 B. Grading Scale. 256 IV. Analysis of Use of Force Laws and Policies. 259 A. Applying the Human Rights Framework. 259 i. Legality. 261 ii. Necessity. 263 a. Immediacy. 264... 2021  
Rebecca J. Hamilton GOVERNING THE GLOBAL PUBLIC SQUARE 62 Harv. Int'l L.J. 117 [Harvard International Law Journal] (Winter, 2021) Social media platforms are the public square of our era--a reality that has been entrenched by the widespread closure of physical public spaces in response to the COVID-19 pandemic. This online space is global in nature, with over 3.6 billion users worldwide, but its governance does not fall solely to governments. With the rise of social media,... 2021  
Jennifer M. Smith , Elliot O. Jackson HISTORICALLY BLACK COLLEGES & UNIVERSITIES: A MODEL FOR AMERICAN EDUCATION 14 Fla. A & M U. L. Rev. 103 [Florida A & M University Law Review] (Winter, 2021) The whole world opened to me when I learned to read. ~ Mary McLeod Bethune Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery... 2021  
Rachel D. Godsil, Sarah E. Waldeck HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY 98 Denv. L. Rev. 523 [Denver Law Review] (Spring, 2021) Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... 2021  
Darin E.W. Johnson HOMEGROWN AND GLOBAL: THE RISING TERROR MOVEMENT 58 Hous. L. Rev. 1059 [Houston Law Review] (Spring, 2021) White supremacist terrorism is a rising threat that has been overlooked by national security authorities as a global threat, even though white supremacist terrorism now surpasses Al Qaeda- and ISIS-associated terrorism in the scope and impact of its destructiveness in the United States. White supremacist terrorism has been viewed exclusively as... 2021  
Andrea Giampetro-Meyer HOW ANTIRACIST LAWYERS CAN PRODUCE POWER AND POLICY CHANGE 24 J. Gender Race & Just. 237 [Journal of Gender, Race and Justice] (Spring, 2021) with contributions from Sydney Brooke and Janae James I. Introduction. 238 II.Antiracism and Integrated Advocacy. 240 A. Antiracism. 240 B. Integrated Advocacy. 241 III. Prohibiting Hair Discrimination. 242 A. Litigation and Legislative Advocacy. 243 B. Media Engagement, Community Organizing, and Interdisciplinary Collaborations. 247 IV. Abolishing... 2021  
Gregory P. Magarian HOW CHEAP SPEECH UNDERSERVES AND OVERHEATS DEMOCRACY 54 U.C. Davis L. Rev. 2455 [U.C. Davis Law Review] (June, 2021) C1-2Table of Contents Introduction. 2455 I. Cheap Speech's Democratic Shortcomings. 2457 A. Cheap Speech's Partial Democratic Success. 2458 B. The Persistent Digital Divide. 2460 C. The Mutation of Access Disparities. 2465 II. Cheap Speech's Democratic Hazards. 2469 A. The Decline of Professional Journalism. 2470 B. Extremism and Identity-Polarized... 2021  
Maya Itah HOW THE GUN CONTROL ACT DISARMS BLACK FIREARM OWNERS 96 Wash. L. Rev. 1191 [Washington Law Review] (October, 2021) Through 18 U.S.C. § 924(c), the Gun Control Act (GCA) outlaws the possession of a firearm in furtherance of a drug trafficking crime. The statute's language is broad, and federal courts have interpreted it expansively. By giving prosecutors wide discretion in charging individuals with § 924(c) violations, the language enables the... 2021  
Mike Lillis Hoyer bashes Ron Johnson for 'racist statement' The Hill (3/16/2021) House Majority Leader Steny Hoyer (D-Md.) on Tuesday teed off on Sen. Ron Johnson, accusing the Wisconsin Republican of advancing racist claims surrounding the Jan. 6 attack on the U.S. Capitol. 2021  
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Ga. St. U. L. Rev. 1139 [Georgia State University Law Review] (Summer, 2021) Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... 2021  
Jim Hilbert IMPROVING POLICE OFFICER ACCOUNTABILITY IN MINNESOTA: THREE PROPOSED LEGISLATIVE REFORMS 47 Mitchell Hamline L. Rev. 222 [Mitchell Hamline Law Review] (February, 2021) I. Introduction. 223 II. Minnesota's Past and Present: Racism and Police Abuse Followed by Studies and Inaction. 233 A. Minnesota History. 233 1. The Largest Mass Execution in the Country. 233 2. The Northernmost Lynching on Record. 235 B. Decades of Studies and Reports with the Same Conclusions (and the Same Inaction). 236 C. Past Signs of... 2021  
Itay Ravid INCONSPICUOUS VICTIMS 25 Lewis & Clark L. Rev. 529 [Lewis & Clark Law Review] (2021) Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation--victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving... 2021  
Itay Ravid INCONSPICUOUS VICTIMS 25 Lewis & Clark L. Rev. 529 [Lewis & Clark Law Review] (2021) Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation--victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving... 2021  
Grant Christensen INDIGENOUS PERSPECTIVES ON CORPORATE GOVERNANCE 23 U. Pa. J. Bus. L. 902 [University of Pennsylvania Journal of Business Law] (2021) Introduction. 903 I. The Traditional Model of Corporate Governance. 908 A. The Origins of Shareholder Primacy. 910 B. The Intervening Role of the Business Judgment Rule. 912 II. The Need to Rethink Shareholder Primacy. 914 III. Indigenous Corporations. 917 A. Chthonic or Autochthonous Law. 918 B. Autochthonous Governance. 923 1. Indigenous... 2021  
Grant Christensen INDIGENOUS PERSPECTIVES ON CORPORATE GOVERNANCE 23 U. Pa. J. Bus. L. 902 [University of Pennsylvania Journal of Business Law] (2021) Introduction. 903 I. The Traditional Model of Corporate Governance. 908 A. The Origins of Shareholder Primacy. 910 B. The Intervening Role of the Business Judgment Rule. 912 II. The Need to Rethink Shareholder Primacy. 914 III. Indigenous Corporations. 917 A. Chthonic or Autochthonous Law. 918 B. Autochthonous Governance. 923 1. Indigenous... 2021  
Barbara Stark INEQUALITY, COVID-19, AND HUMAN RIGHTS: WHOSE LIVES MATTER? 27 ILSA J. Int'l & Comp. L. 251 [ILSA Journal of International and Comparative Law] (Winter, 2021) You don't have to be an epidemiologist to realize that infectious diseases make their own preferential option for the poor--they afflict them more, and worse. --Paul Farmer I. Introduction. 252 II. COVID-19 Targets the Poor. 254 A. Inequality Going into the Pandemic. 254 B. How the Poor Are Affected. 256 1. Black Americans. 256 2. People on the... 2021  
Doron Teichman, Kristen Underhill INFECTED BY BIAS: BEHAVIORAL SCIENCE AND THE LEGAL RESPONSE TO COVID-19 47 Am. J.L. & Med. 205 [American Journal of Law & Medicine] (2021) This Article presents the first comprehensive analysis of the contribution of behavioral science to the legal response to the COVID-19 pandemic. At the descriptive level, the Article shows how different psychological phenomena such as loss aversion and cultural cognition influenced the way policymakers and the public perceived the pandemic, and how... 2021  
Doron Teichman, Kristen Underhill INFECTED BY BIAS: BEHAVIORAL SCIENCE AND THE LEGAL RESPONSE TO COVID-19 47 Am. J.L. & Med. 205 [American Journal of Law & Medicine] (2021) This Article presents the first comprehensive analysis of the contribution of behavioral science to the legal response to the COVID-19 pandemic. At the descriptive level, the Article shows how different psychological phenomena such as loss aversion and cultural cognition influenced the way policymakers and the public perceived the pandemic, and how... 2021  
James Dever , Jack Dever INFORMATION AGE IMPERIALISM: CHINA, 'RACE,' AND NEO-COLONIALISM IN AFRICA AND LATIN AMERICA 52 U. Miami Inter-Am. L. Rev. 1 [University of Miami Inter-American Law Review] (Spring/Summer, 2021) I. Introduction. 2 II. China in Crisis. 3 A. The Chinese Context. 3 B. Behind the Wolf. 6 III. State-Sponsored Domestic Terror. 10 A. Hong Kong. 10 B. Tragedy in Xinjiang. 11 C. High-Tech Surveillance. 13 D. Opportunity Wasted. 15 IV. Great Power Competition. 17 A. Threat Vectors. 17 B. BRI: The Foreign Policy Vision. 21 V. Colonialism. 23 A. The... 2021  
Susan Ayres INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION 21 J. L. Society 20 [Journal of Law in Society] (Winter, 2021) INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... 2021  
Jessica L. Roberts INTRODUCTION 58 Hous. L. Rev. 807 [Houston Law Review] (Symposium, 2021) On October 9, 2020, Dean Angela Onwuachi-Willig delivered the twenty-fifth annual Frankel Lecture, From Lynching as Status Quo to the New Status Quo. It was the first Frankel Lecture to address the issue of racial violence in policing, a topic that was long overdue. It was also the first event in the series's illustrious history to take place... 2021  
Jessica L. Roberts INTRODUCTION 58 Hous. L. Rev. 807 [Houston Law Review] (Symposium, 2021) On October 9, 2020, Dean Angela Onwuachi-Willig delivered the twenty-fifth annual Frankel Lecture, From Lynching as Status Quo to the New Status Quo. It was the first Frankel Lecture to address the issue of racial violence in policing, a topic that was long overdue. It was also the first event in the series's illustrious history to take place... 2021  
  Is the Chauvin conviction just a moment, or the start of lasting change? (7/7/2021) Dr. Manuel Pastor of the University of Southern California discusses the impact of social justice movements in response to police brutality and what the conviction of Derek Chauvin means for the future of police reform. 2021  
David A. Grenardo IT'S WORTH A SHOT: CAN SPORTS COMBAT RACISM IN THE UNITED STATES? 12 Harv. J. Sports & Ent. L. 237 [Harvard Journal of Sports & Entertainment Law] (Spring, 2021) Racism has stained this country throughout its history, and racism persists today in the United States, including in sports. Sports represent a reflection of society and its ills, but they can also provide a powerful means to combat racism. This article examines the state of racism in society and sports both historically and today. It also provides... 2021  
  JOHNSON & JOHNSON (REMMER) SEC No Action Ltrs. WSB File No. 0208202115 [SEC No Action Letters] (2021) WSB File No. 0208202115 WSB Subject Category: 74 Public Availability Date: February 05, 2021. Prepared By: Skadden Arps References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ BY EMAIL (shareholderproposals@sec.gov) December 11, 2020 U.S. Securities and Exchange... 2021  
  JPMORGAN CHASE & CO. (CTW INVESTMENT) SEC No Action Ltrs. WSB File No. 0329202123 [SEC No Action Letters] (2021) WSB File No. 0329202123 WSB Subject Category: 77 Public Availability Date: March 26, 2021. Prepared By: Skadden Arps References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 11, 2021 BY EMAIL (shareholderproposals@sec.gov) U.S. Securities and Exchange Commission... 2021  
Mikah K. Thompson JUST ANOTHER FAST GIRL: EXPLORING SLAVERY'S CONTINUED IMPACT ON THE LOSS OF BLACK GIRLHOOD 44 Harv. J. L. & Gender 57 [Harvard Journal of Law & Gender] (Winter, 2021) Introduction. 58 I. The Stereotypic Connection between Blackness and Promiscuity. 59 A. Black Hypersexuality as a Justification for Sexual Violence During Slavery. 60 B. The Persistence of Stereotypes Concerning Black Sexuality in Post-Civil War America. 64 C. Modern-Day Perceptions of Black Sexuality. 66 D. Black Sexuality and the Law of Statutory... 2021  
Addison C. McCauley, '22 KELSAY v. ERNST: IN A TIME OF NATIONAL PUBLIC OUTRAGE OVER A LACK OF POLICE ACCOUNTABILITY, THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT'S BOTCHED QUALIFIED IMMUNITY ANALYSIS HIGHLIGHTS SERIOUS PROBLEMS WITH THE DOCTRINE AS A WHOLE 54 Creighton L. Rev. 605 [Creighton Law Review] (September, 2021) Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. - Justice Tom C. Clark (1961) Across the United States during the summer of 2020, millions of Americans protested in the streets to demand law enforcement accountability for unconstitutional conduct... 2021  
Gregory P. Magarian KENT STATE AND THE FAILURE OF FIRST AMENDMENT LAW 65 Wash. U. J.L. & Pol'y 41 [Washington University Journal of Law & Policy] (2021) Since the U.S. Supreme Court decided its first free speech case 100 years ago, two very different eras have defined First Amendment law. For a half century, before 1970, the Supreme Court focused on protecting the expressive freedom of political dissidents and social reformers. In 1970, amid protests against the Vietnam War, the Ohio National Guard... 2021  
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