AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Brendan M. Conner HYBRID ENFORCEMENT AND RACIAL CAPITALISM: UNEVEN DEVELOPMENT IN URBAN CRIMINAL LAW 53 Southwestern Law Review 398 (2025) This essay advances a critical legal framework for understanding the influence of human geography on urban criminal law formation. Applying the theoretical framework of uneven development developed by scholars of human geography to criminal law formation helps explain worsening inequalities in the allocation of law enforcement capital as well as... 2025 Yes
Julie Mendoza RACIAL CAPITALISM AND THE PROLIFERATION OF CHARTER SCHOOLS IN OAKLAND 22 UC Law Journal of Race and Economic Justice 183 (January, 2025) Over the last thirty years, charter schools have flooded the American public education system. The publicly funded and privately operated alternative to neighborhood district schools is often celebrated as a means for under-resourced students to receive a quality education. But the effect of charter school growth on districts themselves and the... 2025 Yes
Sandeep Singh Dhaliwal THE CRIMINAL SYSTEM UNDER RACIAL CAPITALISM 58 U.C. Davis Law Review 1589 (February, 2025) In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing barriers to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system... 2025 Yes
Gabriele Wadlig THE INTERNATIONAL LAW OF LAND (GRABBING): HUMAN RIGHTS AND DEVELOPMENT IN THE CONTEXT OF RACIAL CAPITALISM 25 Chicago Journal of International Law 479 (Winter, 2025) This article investigates the concept of tenure security within international law, emphasizing the global legal architectures that influence and shape land tenure governance at the intersections of international human rights law and development. By tracing the evolution of tenure security from colonial practices to modern development paradigms, the... 2025 Yes
Andrew Hull "PRISONERS OF THE UNION": EMPORIUM CAPWELL AND THE DECLINE OF CONCERTED ACTIVITY AGAINST RACIAL DISCRIMINATION 22 UC Law Journal of Race and Economic Justice 211 (January, 2025) This paper tracks the development of judicial understanding of labor unions' status under Section 9 of the National Labor Relations Act as the exclusive representative of employees for the purposes of bargaining with the employer, focusing on the how the Supreme Court case Emporium Capwell v. Western Community Addition has led to a gradual... 2025  
Anjali Vats (WHITE) RACIAL ARITHMETIC AS INTELLECTUAL PROPERTY ARCHITECTURE 103 Texas Law Review 1581 (June, 2025) In The Signal and the Noise, a manifesto for our cognitively dissonant post-fact, pro-statistics era, Nate Silver writes: Data-driven predictions can succeed--and they can fail. It is when we deny our role in the process that the odds of failure rise. Before we demand more of our data, we need to demand more of ourselves. He continues: [O]ur... 2025  
Rosalind Dixon ABUSIVE FEMINISM 66 Boston College Law Review 477 (February, 2025) Introduction. 478 I. Women for (and Against) Equality and Democracy. 484 II. Abusive Feminism: Definitions and Variants. 488 A. The Makeup of Abusive Feminism: Abusive Constitutionalism and the Democratic Minimum Core. 488 B. The Feminist Minimum Core. 492 C. Narrower & Broader Forms of Abusive Feminism. 493 III. The How and Why of Abusive Feminism... 2025  
Etienne C. Toussaint AFROFUTURISM IN PROTEST: DISSENT AND REVOLUTION 125 Columbia Law Review 1375 (June, 2025) In an era of reckoning and resistance, this Symposium Piece journeys through the rich terrain of Black protest and Afrofuturist imagination, uncovering a radical legal tradition rooted in historical defiance and visionary possibility. By analyzing Black resistance--from insurrections against slavery to today's racial justice movements--through an... 2025  
Kaiponanea T. Matsumura, Erin Suzuki ASIAN AMERICANS AND THE HARM OF EXCEPTIONALIZED INCLUSION 110 Cornell Law Review 889 (June, 2025) The use of race in college admissions is contentious not only because elite colleges are a gateway to good careers, but because the colleges themselves symbolize belonging at the highest levels of American society. In this sense, the Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA)... 2025  
Nell W. Fitzgerald BANKING ON EMPIRE: CITIBANK, HAITI, AND THE FIGHT FOR CORPORATE ACCOUNTABILITY 48 Fordham International Law Journal 809 (March, 2025) For over a century, Citibank has exerted profound influence over Haiti's financial system, embedding itself in the country's economy through coercive debt structures and strategic alliances with the US military. This Note examines Citibank's historical role in Haiti's financial subjugation, from its facilitation of the 1915 US occupation to its... 2025  
Wendy Bach BEYOND SEPARATION: TROUBLING THE NOTION OF CORRUPTION AND TURNING THE CRIMINALIZATION LENS ON CARE ITSELF 53 Southwestern Law Review 201 (2025) Let me begin by saying that reading the essays and interacting with the authors in this volume was a privilege. Writing a book and sending it into the world is, to say the least, a strange and vulnerability-testing experience. That others took the time to engage and found some value in the work is, for me, a continued source of wonder. In this... 2025  
Tyler E. Dougherty CARCERAL BONDS 29 Lewis & Clark Law Review 459 (2025) Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market--with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states' capacities to... 2025  
Brishen Rogers CLASS RELATIONS AND THE LAW: A MODEL AND AGENDA FOR RESEARCH 88 Law and Contemporary Problems 61 (2025) Class is back as an object of study, including within law schools. Since the 2008 financial crisis, numerous legal scholars have argued that our legal system fosters persistent economic inequality and class divisions. Yet class itself remains undertheorized within law and legal scholarship, and legal scholars often work with intuitive or... 2025  
Danielle Kie Hart CLASSCRITS XIV: FOREWORD 53 Southwestern Law Review 361 (2025) ClassCrits is an organization made up of scholars, activists, and students that has helped create and shape the field of Law and Political Economy over the last 17 years. The founders of our organization (Angela Harris, Martha McCluskey, and Athena Mutua--the foremothers), recognized that economic inequality in the United States was increasing in... 2025  
William Garriott, Program in Law, Politics, and Society, Drake University, Des Moines, IA, USA, Email: william.garriott@drake.edu COAL, CAGES, CRISIS: THE RISE OF THE PRISON ECONOMY IN CENTRAL APPALACHIA. BY JUDAH SCHEPT. NEW YORK: NYU PRESS. 2022 59 Law and Society Review 648 (September, 2025) Judah Schept's Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia is a welcome addition to the literature on prisons and imprisonment in the United States. Taking a sophisticated transdisciplinary approach, Schept (along with collaborators photographer Jill Frank and scholar Sylvia Ryerson) helps us understand an obvious but... 2025  
Carrie Rosenbaum COLORBLIND IMMIGRATION RACISM 72 UCLA Law Review Discourse 554 (2025) The Fifth Amendment equal protection doctrine has never been effective at curtailing racialized harm in immigration law. While not expressly drafted to address racially differential impact, the administrative law doctrine known as arbitrary and capricious review has the potential to enable courts to set aside discretionary immigration enforcement... 2025  
Elizabeth Gyori COMMODIFYING PUBLIC HOUSING: NEW YORK CITY'S USE OF THE RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM AS NEOLIBERAL POLITICAL PROJECT, LEGAL RATIONALITY AND NORMATIVE THEORY 48 New York University Review of Law and Social Change 1 (2025) As public housing across the U.S. has seen diminished investment, increased repair needs, and management dysfunction, public housing authorities have turned to programs such as the federal Rental Assistance Demonstration (RAD) program to provide critically necessary repairs and in search of future stability. Billed as a cost-neutral private-public... 2025  
Francisco Valdes CONSTITUTIONAL "LAW" IN A LAWLESS COURT: RESTORING THE SOURCES AND METHODS OF PRINCIPLED INTERPRETATION 72 UCLA Law Review Discourse 624 (2025) The Fourteenth Amendment's equality and liberty clauses have been subjected to more judicial review, and opining, than most others. In this still-ongoing interpretative process, successive generations of (mostly) white male federal judges have exploited the unenumerated review power based chiefly on their personal ideological predilections to... 2025  
Steven L. Nelson, J.D., Ph.D. , Aaren N. Cassidy, Ed.D. , Sheron T. Davenport, Ed.D. CRITICAL RACE CARE, THE MISSING LINK IN THE IMPLEMENTATION OF STATE TAKEOVER LEGISLATION: A CRITICAL RACE SOCIO-LEGAL ANALYSIS OF POLICY IMPLEMENTATION 25 Journal of Law in Society 86 (Winter, 2025) C1-2CONTENTS Abstract. 87 Introduction. 88 I. State Takeovers: Then and Now. 91 A. Efforts at Education Reform and Accountability. 91 B. State Takeovers: Different Strokes Aimed at the Same Folks. 95 C. State Takeovers as an Entry Point for Market-Based Reforms. 97 II. Race, Urbanicity, and Histories of Takeover. 98 A. Seizures of Urban Areas. 99... 2025  
Ngozi A Erondu , Vyoma Dhar Sharma , Moses Mulumba DECOLONIAL FRAMINGS IN GLOBAL HEALTH LAW: REDRESSING COLONIAL LEGACIES FOR A JUST AND EQUITABLE FUTURE 53 Journal of Law, Medicine & Ethics 76 (Spring, 2025) Colonialism has produced the global health system, and decoloniality must inform global health law. This article considers the foundational impact of colonialism on the global health system and advocates for adopting decoloniality as a crucial framework to reshape global health law. Through a historical lens, it examines how European colonialism... 2025  
Taleed El-Sabawi, Sarah Katz DEINSTITUTIONALIZING FAMILY SEPARATION IN CASES OF PARENTAL DRUG USE 134 Yale Law Journal Forum 1022 (2024-2025) March 28, 2025 abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under the guise of child welfare. Family separation remains the family policing system's primary intervention in families, including families... 2025  
Amy J. Cohen , Stephen Healy DIVERSE LEGALITIES: TOWARDS A LEGAL THEORY FOR A POSTCAPITALIST POLITICAL ECONOMY 88 Law and Contemporary Problems 79 (2025) Law and political economy (LPE) scholars have revived a longstanding debate over the relationship among law, capitalism, and postcapitalist possibility. Is law a creature of capitalism, destined to reproduce its dynamics of exploitation and dominance? Or are there moments of indeterminacy in law that function specifically as openings to a... 2025  
Nicholas F. Stump ECOSOCIALISM, DEGROWTH, AND GLOBAL SOUTH THOUGHT: CRITICAL LEGAL TRANSFORMATIONS 49 William and Mary Environmental Law and Policy Review 367 (Winter, 2025) This Article explores how Critical Legal Research (CLR) can help drive transformations of our ecological political economy towards true system change. CLR entails a critical legal theory-informed approach to legal and broader socio-legal research. After articulating the CLR framework, this Article explores its potential in the context of leading... 2025  
Christian Stirling Haig ENLISTING PRIVATE LAW TO REGULATE PRIVATE CLIMATE ADAPTATION FAILURE 55 Environmental Law Reporter (ELI) 10424 (July/August, 2025) State and local governments are contending with the challenge of residual climate risk--threats posed by private adaptation failures that endanger surrounding communities. While policy tools like municipal ordinances can help address this gap, enforcement challenges, budget constraints, and private-property rights often limit their effectiveness.... 2025  
Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Bork, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja ENVIRONMENTAL GEOGRAPHY AND LAW: TOWARD A SYNTHESIS 99 Tulane Law Review 811 (April, 2025) This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places--where the climate, ecosystems, history, and political economy influence both the land and the law. These places... 2025  
Aissatou Barry EVICTING EVICTIONS 53 Fordham Urban Law Journal 97 (October, 2025) Housing courts need a renovation. Referred to more commonly as eviction courts, they have gone from a forum where tenants and landlords resolve lease and habitability disputes to a graveyard for housing security. In nonpayment proceedings, during which landlords seek to recover unpaid rent, the lack of remedies available to low-income tenants... 2025  
Mandy Mericle FEEDING THE FIRE: THE FEEDBACK LOOP CREATED BY MASS INCARCERATION AND CLIMATE CHANGE AND WHY ABOLITION IS THE ONLY WAY TO A STABLE CLIMATE 5 North Carolina Civil Rights Law Review 151 (Spring, 2025) Introduction. 152 I. The Prison System's Contribution to Climate Change. 156 A. Fossil Fuel Emissions and other Pollutants Created in Building and Maintaining Prison Facilities. 157 B. Prisons Create a Captive Class of Consumers. 160 C. Use of Incarcerated Workers as Low-Cost Labor. 164 II. Rising Temperatures and Unconstitutional Conditions of... 2025  
E. Tendayi Achiume FOR WHOM IS INTERNATIONAL LAW? 41 American University International Law Review 1 (2025) I. PROLOGUE. 1 II. LAND ACKNOWLEDGEMENT, THANKS, AND OUTLINE. 4 III. LOOKING TO THE TOP: RACIAL JUSTICE, REPARATIONS AND INTERNATIONAL LAW. 6 IV. LOOKING TO THE BOTTOM. 18 V. CONCLUSION. 22 2025  
Julian M. Hill INTEGRATING HEALING JUSTICE INTO WORKER COOPERATIVE COUNSELING 52 Fordham Urban Law Journal 881 (April, 2025) Unaddressed trauma among workers negatively impacts their experience in the workplace, including the cooperative workplace. While lawyers who counsel worker cooperatives may develop conflict resolution tools, they far less commonly provide resources for responding to worker trauma that can, and often does, lead to conflict in the first place.... 2025  
Anita L. Allen , Christopher Muhawe IS PRIVACY REALLY A CIVIL RIGHT? 40 Berkeley Technology Law Journal 1 (2025) Sixty years ago, President Lyndon Johnson signed the Civil Rights Act of 1964. Civil rights laws aimed at curbing discrimination and inequality in federal programs, public accommodations, housing, employment, education, voting and lending faced opposition before the Act and continue to do so today. Nevertheless, a swell of legal scholars, policy... 2025  
Lucy Jewel JUSTICE LEWIS POWELL'S QUIET LUXURY: FROM BAKKE TO SFFA 15 Washington Journal of Social & Environmental Justice 1 (June, 2025) This article is anchored by Justice Lewis Powell's 1978 opinion in Regents of the University of California v. Bakke. Taking a unique interdisciplinary approach, this article pulls together several threads within the Bakke opinion--combining critical race theory, feminist theory, rhetorical analysis, and biographical analysis to forge a new... 2025  
Jeremy Kessler LAW AND HISTORICAL MATERIALISM 74 Duke Law Journal 1523 (April, 2025) Since the financial crisis of 2008, left-leaning legal thought has experienced a renaissance within the American academy. From law and political economy to critical race theory to feminist legal studies to Marxist legal theory, new perspectives have flourished, and marginalized traditions have been revived and revised. These new perspectives and... 2025  
Chantal Thomas LAW, LABOR, AND IDENTITY 88 Law and Contemporary Problems 49 (2025) The states of the antebellum U.S. South carried the mantel not only of slavery, but also of free trade: the south's resistance to tariffs and insistence on a free trade posture to support its agricultural exports provoked numerous controversies in the U.S. Congress in the early to mid-nineteenth century. The agricultural exports that fueled U.S.... 2025  
Alejandro Banuelos , Aaron Clarke MOVEMENT AND CRISIS: A SOCIAL HEALTH MANIFESTO 30 National Black Law Journal 197 (2025) This article was originally published in the UCLA Law Review (In Discourse, Special Issue: Law Meets World Vol. 68 (2020)). In this Article, we employ the terms Health (as a white supremacist mode of being) and social health to demystify how race and health are mobilized by the state and its representative bodies to shift accountability away from... 2025  
Audrey G. McFarlane PROPERTY VALUES: ACCOUNTING FOR RACIAL VALORIZATION AND STIGMATIZATION IN DEVELOPMENT 34-SUM Kansas Journal of Law & Public Policy 341 (Summer, 2025) My talk was originally intended to focus on wealth inequality and how it affects equitable development and represented my effort to get away from race and focus on wealth. Of course, it is not really possible to get away from race when talking about wealth. In light of where the current public conversation has been going in terms of race, it seems... 2025  
Anna Arons PROSECUTING FAMILIES 173 University of Pennsylvania Law Review 1029 (March, 2025) Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government--family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense... 2025  
E. Tendayi Achiume RACE, REPARATIONS, AND INTERNATIONAL LAW 119 American Journal of International Law 397 (July, 2025) C1-3Table of Contents I. Introduction. 397 II. Reparations, Worldmaking, and Structures of Historical Injustice. 401 A. Race, Racism, and Colonial Worldmaking. 403 B. Race/Racism and the Structural Reproduction of Colonial Domination. 404 C. The Global Governance of Race/Racism and Reparative Anti-colonial Worldmaking. 407 III. The Legal... 2025  
Zachary R. Evans RECKONING WITH THE VIOLENT LEGACY OF RACIALIZED U.S. FOREIGN POLICY IN CHILE 28 University of Pennsylvania Journal of Law and Social 95 Change(2025) Critical Race Theory scholars have shone a spotlight on the legal underpinnings of imperial power and violence in numerous topics, including foreign policy. Absent from this critical scholarship is an analysis of United States interference in South American affairs. In centering the violent histories of dispossession and enslavement, I propose a... 2025  
Melvin J. Kelley IV REVISITING GEOGRAPHY AND SOVEREIGNTY IN THE DIGITAL AGE 57 Connecticut Law Review 1123 (May, 2025) Fair housing advocates have already brought successful lawsuits challenging the use of property technology (PropTech) where it has been found to perpetuate or replicate discriminatory practices in a range of contexts including the use of automated screening tools to evaluate prospective tenants. While substantive interventions in unlawful... 2025  
Marissa Jackson Sow SOCIAL MURDER AND THE ANTISOCIAL CONTRACT 85 Maryland Law Review 79 (2025) Social murder is widely understood as the reckless and calculated killing by the State of people who are considered surplus and thus made redundant by the State. It is not merely an outcome, however; social murder, is an antidemocratic process, and--certainly as it is manifesting in the United States under the second Trump Administration--is also... 2025  
Yochai Benkler STRUCTURE AND LEGITIMATION IN CAPITALISM: LAW, POWER, AND JUSTICE IN MARKET SOCIETY 88 Law and Contemporary Problems 1 (2025) There is nothing magical in the reasoning of judges long dead. This article introduces a new institutional political economy of capitalism that explains the distinctive dynamics that drive sustained productivity growth, recurring social dislocation, and persistent patterns of exploitation in modern market societies. It then analyzes the role of law... 2025  
Mk Zariel THE ANTI-ASSIMILATIONIST RAGE OF ASHLEY ELIZABETH 23 Seattle Journal for Social Justice 391 (Spring, 2025) You, the person taking the quiz--in a DEI workshop or perhaps idly browsing the Internet--are equal parts guilt-ridden and dubiously curious: Am I racist? The quiz questions guide you, measuring your knowledge of basic decency by asking whether you have commonly held yet deeply toxic views. For example, do you believe in the idea of social... 2025  
Esther K. Hong THE CARCERAL STATE(S) 30 Michigan Journal of Race and Law 1 (Spring, 2025) The carceral state is everywhere. Legal and social science scholars are increasingly using the carceral state concept to criticize various aspects, or even the entirety, of the United States. But despite how popular and common this term has become in writings about mass incarceration, criminal processes and punishments, and other forms of social... 2025  
Julia Alicia Mendoza THE LANGUAGE OF MASS INCARCERATION AND ORGANIZED ABANDONMENT 21 Stanford Journal of Civil Rights & Civil Liberties 43 (May, 2025) Our capacity to see and understand the extent of carceral violence is thwarted by the language and narratives employed by the judicial system. As evidenced by the Supreme Court's historicization of the factual record in Johnson v. California and other ancillary prison law cases, the judicial system mobilizes a language of mass incarceration: a... 2025  
Kasey Henricks , Ruben Ortiz WHEN TURNIPS BLEED: THE RACIAL DUALITY OF PREDATORY TICKET DEBT 59 Law and Society Review 265 (June, 2025) (Received 22 November 2023; revised 17 September 2024; accepted 29 September 2024) How do sociolegal scholars who liken monetary sanctions to bleeding a turnip or drawing blood from stones reconcile these idioms with the fact that fines and fees constitute a growth industry? We take up this puzzle by turning our attention to perhaps the most... 2025  
Marietta Auer BARGAINING WITH GIANTS AND IMMORTALS: BARGAINING POWER AS THE CORE OF THEORIZING INEQUALITY 86 Law and Contemporary Problems 53 (2024) The time seems ripe for a new radical movement in legal academia. The nexus between private law, the institutions of capitalism, and the rise of global inequality has once again become the object of critical inquiry by a body of scholarship which consciously identifies itself as Law and Political Economy. This comes after decades of relative... 2024 Yes
J. Benton Heath FETCH THE BOLT CUTTERS: REFLECTIONS ON RACIAL CAPITALISM AND THE NAFTA/USMCA 49 Brooklyn Journal of International Law 449 (2024) Thank you for this opportunity to speak on the subject of race and trade in the US--Mexico--Canada Agreement (USMCA). I mean for this presentation to be an introduction to many of the issues that are on my mind as a scholar of investment and trade. It is also an introduction to the work of many others who have thought deeply about the relationships... 2024 Yes
James Thuo Gathii FINANCING CLIMATE CHANGE THROUGH A RACIAL CAPITALISM LENS 41 Wisconsin International Law Journal 521 (Summer, 2024) In this Essay, I argue that the climate crisis has provided the global finance industry an opportunity to make exorbitant profits from majority Black and Brown countries in the Global South. I show how the global finance industry is leveraging its muscle over climate-vulnerable and heavily indebted countries in the Global South through complex... 2024 Yes
Edward W. De Barbieri LAWMAKERS AND ECONOMIC OTHERING 76 Oklahoma Law Review 575 (Spring, 2024) In 2017, Congress adopted the Opportunity Zone tax incentive to drive investment to poor places. Capital invested in qualified opportunity funds may reduce and, in some cases, eliminate capital gains tax liability. Limiting tax on capital gains is a boon to those with capital gains, namely the very wealthy. It would be unsurprising, therefore, that... 2024 Yes
Jeremy Bearer-Friend PAYING FOR REPARATIONS 67 Howard Law Journal 1 (2023-2024) This Article proposes a novel approach to capitalizing a reparations fund worth trillions of dollars. Under the proposal, publicly traded firms on U.S. exchanges would be required to remit shares of corporate equity to a reparations trust fund in lieu of cash tax payments. Under the terms of this proposal, our federal government could successfully... 2024 Yes
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