AuthorTitleCitationSummaryYearType
Danny Y. Li ANTISUBORDINATING THE SECOND AMENDMENT 132 Yale Law Journal 1821 (April, 2023) After over a decade of silence, and fourteen years since its landmark decision in District of Columbia v. Heller, the Supreme Court has fundamentally expanded and reshaped Second Amendment protection once again in New York State Rifle & Pistol Ass'n v. Bruen. In light of the Court's decision in Bruen--and the role of race-based arguments in its... 2023 Law Review Articles and Other Secondary Sources
Robert Sellers Smith and Adele Turgeon Smith Appendix B-2. Numerical List of Federal Tax Return Forms and Related Forms DITAXWTDB West's Tax Law Dictionary B-2 (2023)   2023 Law Review Articles and Other Secondary Sources
Norrinda Brown BLACK LIBERTY IN EMERGENCY 118 Northwestern University Law Review 689 (2023) Abstract--COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns--criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most... 2023 Law Review Articles and Other Secondary Sources
Abbye Atkinson BORROWING AND BELONGING 111 California Law Review 1369 (October, 2023) Both formal policies and informal norms encourage a consumerist vision of American belonging, with credit/debt as a primary means of consumption. Consequently, debt-based consumption implicates dignity in the American market society. In contrast, current national credit/debt policies and norms, as best exemplified in the Bankruptcy Code's... 2023 Law Review Articles and Other Secondary Sources
  Brief for Respondent James V. Mcdonald Docket Number - No. 22-757. (4/27/2023) * Counsel of Record. FN* AU websites last visited April 27, 2023 The New York State Department of Health (NYSDOH) is a state agency empowered by the legislature to supervise the reporting... 2023 Briefs
  Brief in Opposition for Respondent Department of Health and Mental Hygiene of the City of New York Docket Number - No. 22-757. (4/25/2023) Counsel of Record. A consistent and well-established truth through-out the COVID-19 pandemic has been that certain racial and ethnic minorities have had a higher risk of severe illness or... 2023 Briefs
  Brief of the Lawyers' Committee for Civil Rights Under Law and 21 Other Organizations as Amici Curiae in Support of Petitioners Docket Number - Nos. 22-506, 22-535. (1/11/2023) * Admitted in Pennsylvania only. Practice limited to matters before federal courts. ** Practice is supervised by one or more D.C. Bar members; admitted to the Bar under D.C. App. R. 46-A... 2023 Briefs
  Brief of the Lawyers' Committee for Civil Rights Under Law as Amicus Curiae in Support of No Party Docket Number - Nos. 22-277, 22-555. (12/7/2023) * Admitted in Pennsylvania only; practice limited to matters before federal courts. FN1. No counsel for a party authored this brief in whole or in part. No person or entity, other than... 2023 Briefs
  Brief of the National Association of Criminal Defense Lawyers and American Civil Liberties Union Foundation as Amici Curiae in Support of Appellant Docket Number - No. 22-2845. (7/6/2023) * Counsel not admitted to Third Cir. Bar Amici Curiae the National Association of Criminal Defense Lawyers and American Civil Liberties Union Foundation are non-profit entities that do not... 2023 Briefs
  CA LEGIS 140 (2023) A.B. No. 1354 2023 Cal. Legis. Serv. Ch. 140 (A.B. 1354) (WEST) (Filed with Secretary of State September 1, 2023) AN ACT to amend Section 51226.3 of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGESTAB 1354, Mike Fong. Pupil instruction: Asian Americans and Pacific Islanders.Existing law requires the State Department of Education to incorporate materials relating to civil rights, human rights violations, genocide, slavery, and the Holocaust into publications that provide examples of curriculum resources for teacher use, consistent with the subject frameworks on history and social science and other requirements. Existing law establishes the Instructional Quality Commission and... 2023 Legislation (Proposed & Enacted)
Cecily Fuhr, Esq. Cause of Action for Discharge from Employment in Retaliation for Exercise of Rights Protected by Title VII, 42 U.S.C.A. §§ 2000e to 2000e-17 61 Causes of Action Second Series 229 (2023) This article discusses a cause of action by a plaintiff employee against an employer acting in violation of Title VII's antiretaliation provision. 42 U.S.C.A. § 2000e-3. A Title VII retaliation action arises when the employer has taken an adverse employment action against the plaintiff motivated by the plaintiff's exercise of rights protected by... 2023 Law Review Articles and Other Secondary Sources
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023 Law Review Articles and Other Secondary Sources
Alden Piper CONTEXT MATTERS: HOW THE EUROPEAN COURT OF HUMAN RIGHTS CAN INFORM A MORE NUANCED APPROACH TO REGULATING HATE SPEECH UNDER THE FIRST AMENDMENT 41 Boston University International Law Journal 365 (Summer, 2023) America has a long and ongoing history of violence aimed at minorities and historically marginalized groups. This violence has been perpetrated by state and local governments, high-ranking political officials, United States Congress, mass movements, small groups, and individuals. Violence is not created in a vacuum, and hatred towards these groups... 2023 Law Review Articles and Other Secondary Sources
Magali Duque CONTRACTING FOR DEBT: THE RELATIONSHIP BETWEEN DEBT CAPITALISM, HIGHER EDUCATION, AND THE BLACK-WHITE WEALTH GAP 58 Harvard Civil Rights-Civil Liberties Law Review 415 (Winter, 2023) This Note explores the relationship between contractual parties in the credit market, as shaped by debt capitalism, through a brief history of slavery, peonage, and credit/debt legislation. Debt capitalism is a racially exclusionary system--stemming from slavery--in which asset acquisition, facilitated by working to pay debt, (1) is a requirement... 2023 Law Review Articles and Other Secondary Sources
Jay M. Zitter, J.D. COVID-19 Related Litigation: Effect of Pandemic on Release from State and Local Custody 54 American Law Reports ALR7th 2020) (2023) Merely because someone is incarcerated, whether before or after trial, conviction, or sentencing, does not mean that prison authorities have the right to expose them to deadly dangers. But this is exactly what many prisoners claim is happening when they are forced to remain in jail despite the grave and overwhelming dangers of the COVID-19... 2023 Law Review Articles and Other Secondary Sources
Patrick D. N. Perkins CRISIS LEGISLATION: ANALYZING THE NOBLE QUEST OF THE PAYCHECK PROTECTION PROGRAM TO SAVE SMALL BUSINESSES 101 Nebraska Law Review 945 (2023) In early 2020, the rapid global spread of the novel COVID-19 virus launched the United States, along with the rest of the world, into simultaneous health and financial crises. Emergency measures implemented to slow the spread of the virus also brought many sectors of the economy to a screeching halt. The U.S. Congress passed the CARES Act, a $2.2... 2023 Law Review Articles and Other Secondary Sources
Vincent Jones CRUEL AND UNUSUAL PUNISHMENT: HOW THE ONGOING WAR ON DRUGS AND DISCRIMNATION IN HEALTHCARE CREATED A VIABLE EIGHTH AMENDMENT CLAIM FOR BLACK INMATES DURING THE COVID-19 PANDEMIC 33 Health Matrix: Journal of Law-Medicine 537 (2023) C1-2Contents Introduction. 538 Part I: The War on Drugs and its Targeted Attack on the Black Community. 539 a. The Key Policies of the War. 542 b. Militarized Policing and Drug Raids. 543 c. The Power of Prosecutors and the Supreme Court. 545 d. The Difficulties of Life After Prison. 547 e. The War on Drugs is Ongoing. 548 Part II: The Impact of... 2023 Law Review Articles and Other Secondary Sources
Robyn M. Powell DISABILITY REPRODUCTIVE JUSTICE DURING COVID-19 AND BEYOND 72 American University Law Review 1821 (June, 2023) The United States is experiencing the convergence of two crises threatening the reproductive freedom of people with disabilities and other historically marginalized groups: the COVID-19 pandemic and a rising assault on reproductive rights, including the U.S. Supreme Court's recent Dobbs v. Jackson Women's Health Organization decision. This... 2023 Law Review Articles and Other Secondary Sources
Jimmie E. Tinsley, J.D. Discrimination in Jury Selection-Systematic Exclusion or Underrepresentation of Identifiable Group 9 American Jurisprudence Proof of Facts 2d 407 (2023) The right to a trial by jury is fundamental in nature, and is guaranteed by federal and state constitutions, statutes, and court rules. With respect to criminal defendants, the right to a jury trial is guaranteed in both federal and state prosecutions by virtue of Article 3, Section 2, and the Sixth and Fourteenth Amendments to the United States... 2023 Law Review Articles and Other Secondary Sources
By Jason Albright, J.D. DISCRIMINATION-M.D. GA.: AFRICAN-AMERICAN ADMINISTRATIVE ASSISTANT, RIF'D DURING PANDEMIC, FAILED TO PROVE RACE, DISABILITY DISCRIMINATION 2023 Wolters Kluwer Employment Law Daily 5966428 (9/14/2023) Being afraid of coronavirus in some vague sense is not enough The Board of Trustees of the Georgia Military College is entitled to summary judgment against the Title VII race discrimination and Rehabilitation Act discrimination and retaliation claims of an African-American former administrative assistant who was terminated during a June 2020... 2023 Law Review Articles and Other Secondary Sources
By Kathleen Kapusta, J.D. DISCRIMINATION-RACE-E.D. PA.: BLACK SCHOOL EMPLOYEES, FIRED FOR REFUSING COVID VACCINE, ADVANCE DISPARATE TREATMENT AND IMPACT CLAIMS 2023 Wolters Kluwer Employment Law Daily 4833894 (7/28/2023) The plaintiffsfive of whom were Blackalleged that the firing of the white employee was an attempt to camouflage [Defendant's] racist motive behind the firing of the five other employees. While six former Overbrook School for the Blind employees, who were fired for refusing to comply with the school's COVID-19 vaccine mandate, failed to advance... 2023 Law Review Articles and Other Secondary Sources
  Dor v. TD Bank Slip Copy, United States District Court, D. New Jersey. Docket Number - 2:21-CV-18955 (BRM) (LDW) (12/29/2023) Before the Court is Defendants TD Bank, N.A. (TD Bank), Lenore H. Gordon (Ms. Gordon), and Keith Nisbet's (Mr. Nisbet) (collectively, Defendants) Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. (ECF No. 47.) Pro se Plaintiff Terry P. Dor (Plaintiff)... 2023 Cases
Christopher Ogolla DYING IN ISOLATION: PUBLIC HEALTH IMPLICATIONS OF TRANSPORTATION AND BURIAL OF HUMAN REMAINS DURING A PANDEMIC A FIFTY STATE SURVEY 26 Journal of Health Care Law and Policy 105 (2023) And then he got sick, and then he died, by himself. That's the hard part-- really hard part. It's hard to process things like this because everything is happening at a distance. And human beings--we're not set up for that. We're wired to be with each other. It makes it hard. The COVID-19 pandemic has affected all of us in different ways. It has... 2023 Law Review Articles and Other Secondary Sources
  EMPLOYMENT PRACTICES LETTER NO. 1188 ISSUE NO. 2266 Empl. Employment Practices Guide 374014 (2023) NASA failed to promote Hispanic male engineer due to his inferior soft skills, not for discriminatory reasons RACIAL DISCRIMINATIONBlack brick mason denied work, fired after threatening EEOC charge, advances bias and retaliation claims Hispanic dishwasher fired after Facebook post and unpaid-for bacon cannot advance claim Supervisor,... 2023 Law Review Articles and Other Secondary Sources
  EMPLOYMENT PRACTICES LETTER NO. 1210 ISSUE NO. 2310 Empl. Employment Practices Guide 8807616 (2023) AGE DISCRIMINATIONCivilian surgery chief, removed in his 70s, advanced retaliation claim against Army Former Google employee, replaced by person 17 years younger, advances bias claim DISCRIMINATIONEvidence of racist comments, disparate discipline, support Jewish African-American employee's bias claims Female employee's sex-based claims... 2023 Law Review Articles and Other Secondary Sources
Ian M. Kysel , G. Alex Sinha EXECUTING RACIAL JUSTICE 71 UCLA Law Review Discourse 2 (2023) The United States has failed to eliminate racial discrimination in the decades since ratifying the international human rights treaty that prohibits it. To its credit, the Biden administration (Administration) has attempted to center the fight for racial equity in the work of the executive branch. But President Biden's executive orders and agency... 2023 Law Review Articles and Other Secondary Sources
Elizabeth Chu , James S. Liebman , Madeline Sims , Tim Wang FAMILY MOVES AND THE FUTURE OF PUBLIC EDUCATION 54 Columbia Human Rights Law Review 469 (Spring, 2023) State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack--from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of... 2023 Law Review Articles and Other Secondary Sources
Aziza Ahmed FEMINIST LEGAL THEORY AND PRAXIS AFTER DOBBS: SCIENCE, POLITICS, AND EXPERTISE 34 Yale Journal of Law & Feminism 48 (2023) Fifty years ago, in Roe v. Wade, Justice Blackmun set into motion the idea that abortion should be a decision between a woman and her doctor. That idea traveled from the Supreme Court decision to popular discourse; with it, came the notion that when it comes to reproduction, medical experts are a key part of women's liberation. In Dobbs v. Jackson... 2023 Law Review Articles and Other Secondary Sources
Shui Sum Lau FILIAL PIETY AND U.S. FAMILY LAW: HOW CULTURAL VALUES INFLUENCE CAREGIVING, END-OF-LIFE, AND ESTATE PLANNING DECISIONS IN ASIAN AMERICAN FAMILIES 26 Asian Pacific American Law Journal 123 (Spring, 2023) Due to centuries of anti-Asian discrimination in U.S. immigration policy and in its court system, many Asian Americans have migrated relatively recently. As a result, many Americans of East and South Asian descent maintain common cultural values such as respect for elders, filial piety, and community wellbeing. This Article examines how these... 2023 Law Review Articles and Other Secondary Sources
John Powell , Ned Conner FORM AND SUBSTANCE: UNDERSTANDING CONCEPTUAL AND DESIGN DIFFERENCES AMONG RACIAL EQUITY PROPOSALS AND A BOLD APPLICATION 38 Ohio State Journal on Dispute Resolution 13 (2023) I. Introduction II. Defining Racial Equity A. Conceptual Underpinnings B. Problems with Equity C. A Different Vision of Racial Justice III. Racial Equity Cleavages A. Race-Targeted v. Universalistic Form 1. Race-Targeted Policies 2. Universalistic, but Race-Conscious B. Racial Equity Reforms v. New Initiatives 1. Reforms 2. New Programs &... 2023 Law Review Articles and Other Secondary Sources
  Hightower v. Keystone Automotive Indus. 653 F.Supp.3d 420. United States District Court, N.D. Ohio, Eastern Division. (1/31/2023)   2023 Cases
  Kinzer v. Whole Foods Market, Inc. 652 F.Supp.3d 185, United States District Court, D. Massachusetts. Docket Number - 20-CV-11358-ADB (1/23/2023)   2023 Cases
Molly C. Schmidt LIBERATING LEGAL AID: REDUCING COVID-19'S JUSTICE GAP AND PROMOTING HEALTH BY REMOVING THE LEGAL SERVICES CORPORATION'S CLASS ACTION AND ADVOCACY RESTRICTIONS 71 Cleveland State Law Review 509 (2023) The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by low-income Americans served by LSC-funded legal aid organizations: the growing justice gap. The justice gap represents the unmet civil legal... 2023 Law Review Articles and Other Secondary Sources
Kimberly J. Winbush, J.D. Litigation of Compassionate Release Law 173 American Jurisprudence Trials 1 (2023) This article addresses the procedures and relevant considerations in assessing an inmate's request for compassionate release. Most published case law addresses the federal statutory framework but included are a smattering of cases addressing state laws governing medical parole. Most requests for release stem from an inmate's serious medical... 2023 Law Review Articles and Other Secondary Sources
Kimberly J. Winbush, J.D. Litigation of Employment Claims Related to COVID-19 Pandemic 177 American Jurisprudence Trials 317 (2023) This article focuses on litigation of employment claims stemming from COVID-19. There are numerous challenges to mandatory vaccination, testing, or masking policies such as challenges based on Title VII which protects against religious discrimination , the Religious Freedom Restoration Act , the First Amendment , the Fourth Amendment , the... 2023 Law Review Articles and Other Secondary Sources
Rachel M. Kane, M.A., J.D. Litigation of Voter Identification Requirements Under § 2 of Voting Rights Act, 52 U.S.C.A. § 10301 146 American Jurisprudence Trials 207 (2023) This article discusses litigation of state voter identification requirements under § 2 of the Voting Rights Act, 52 U.S.C.A. § 10301 (formerly 42 U.S.C.A. § 1973), based upon the claim that such requirements deny and abridge the fundamental right to vote on account of race or color. Such claims are usually advanced in conjunction with claims based... 2023 Law Review Articles and Other Secondary Sources
Kate Sablosky Elengold MOBILITY MATTERS: WHERE HIGHER EDUCATION MEETS TRANSPORTATION 13 UC Irvine Law Review 619 (March, 2023) Higher education has long been hailed as the key to social and economic mobility. And yet, mobility itself is one of the greatest barriers to equity in higher education. Although scholars and policymakers have thus far paid scant attention to the role of transportation in higher education, this Article establishes why that oversight undermines... 2023 Law Review Articles and Other Secondary Sources
Ani Boyadjian MOVING TOWARD POLICE ACCOUNTABILITY: BEYOND SENATE BILL 2 56 Loyola of Los Angeles Law Review 1355 (Fall, 2023) On September 30, 2021, California Governor Gavin Newsom signed into law Senate Bill 2 (SB 2), creat[ing] a system to investigate and revoke or suspend peace officer certification for serious misconduct, as well as establishing the Peace Officer Standards Accountability Division and the Peace Standards Accountability Advisory Board, which will be... 2023 Law Review Articles and Other Secondary Sources
Andrew Hammond ON FIRES, FLOODS, AND FEDERALISM 111 California Law Review 1067 (August, 2023) In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... 2023 Law Review Articles and Other Secondary Sources
Shefali Milczarek-Desai OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS 111 California Law Review 1171 (August, 2023) Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... 2023 Law Review Articles and Other Secondary Sources
  Petition for Writ of Certiorari Docket Number - No. 23-630. (12/9/2023) () Petitioner is JAMES E. PIETRANGELO, II. He was the Plaintiff-Appellant below. Respondents are CHRISTOPHER T. SUNUNU, in both his official and individual capacities as Governor of the State... 2023 Briefs
Jean Galbraith, Latifa AlMarri, Lisha Bhati, Rheem Brooks, Zachary Green, Margo Hu, Noor Irshaidat POVERTY PENALTIES AS HUMAN RIGHTS PROBLEMS 117 American Journal of International Law 397 (July, 2023) Fines and other financial sanctions are frequently imposed by criminal justice systems around the world. Yet they also raise grave concerns about economic discrimination. Unless they are perfectly scaled to defendants' financial circumstances, they will penalize poor persons far more than rich ones--and poor defendants' inability to pay can lead to... 2023 Law Review Articles and Other Secondary Sources
L. S. Tellier Proof as to exclusion of or discrimination against eligible class or race in respect to jury in criminal case 1 American Law Reports ALR2d 1291 (2023) It is recognized that an intentional, planned, and deliberate exclusion of, or discrimination against, members of a particular political or economic group, religious faith, race, or sex, by officers in charge of the selection and summoning of jurors, is in contravention of the constitutional right to jury trial and of the due process" and "equal..." 2023 Law Review Articles and Other Secondary Sources
  Proof of Unconstitutional Prison Conditions 24 AMJUR POF 3d 467 (2023) Prisons in the United States are currently filled to capacity. Experts predict this trend is likely to continue as crime rates escalate and politicians try to make good on campaign promises to get tough on crime." If prison populations continue to increase and the amount of funding available for their operation remains inadequate 2023 Law Review Articles and Other Secondary Sources
Emy E. Metzger PROTECTING PIPE PRIVACY: HOW SAMPLING WASTEWATER AND UTILIZING BIOLOGICAL DATA TO CONTROL THE SPREAD OF COVID-19 MAY VIOLATE THE RIGHT TO PRIVACY UNDER THE FOURTH AMENDMENT 64 Boston College Law Review 1411 (June, 2023) Abstract: In response to the deadly COVID-19 pandemic, the U.S. Centers for Disease Control and Prevention, federal agencies, and universities have implemented the National Wastewater Surveillance System to detect Coronavirus 2 (SARS-CoV-2) ribonucleic acid in wastewater. By monitoring wastewater for SARS-CoV-2, authorities can identify the... 2023 Law Review Articles and Other Secondary Sources
Heather Tanana PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE 15 Northeastern University Law Review 89 (March, 2023) C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... 2023 Law Review Articles and Other Secondary Sources
Yuvraj Joshi RACIAL TIME 90 University of Chicago Law Review 1625 (October, 2023) Racial time describes how inequality shapes people's experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon,... 2023 Law Review Articles and Other Secondary Sources
Cary Martin Shelby RACISM AS A THREAT TO FINANCIAL STABILITY 118 Northwestern University Law Review 755 (2023) Abstract--This Article draws from several theoretical frameworks such as critical race theory, law and economics, and rule of law conceptions to argue that the Financial Stability Oversight Council (FSOC) should formally recognize racism as a threat to financial stability due to its interconnectedness with recent and projected systemic disruptions.... 2023 Law Review Articles and Other Secondary Sources
  Response to Plaintiff's Fourth Motion to Compel Discovery ocket Number - No. 2:21-cv-13010-GCS-KGA. (6/6/2023) FN1. v1st motion pertaining to Defendant Abro NOW COMES, Defendant, Raymond Abro, by and through its attorneys, O'ReillyRancilio P.C., andfor his Response to Plaintiffs Fourth Motion to... 2023 Trial Court Documents
Thalia González RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM 113 Journal of Criminal Law and Criminology 541 (Summer, 2023) A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... 2023 Law Review Articles and Other Secondary Sources
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