AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Michael Siegel RACIAL DISPARITIES IN FATAL POLICE SHOOTINGS: AN EMPIRICAL ANALYSIS INFORMED BY CRITICAL RACE THEORY 100 Boston University Law Review 1069 (May, 2020) Although the use of excessive force by police has been a concern within communities of color for decades, the issue recently reached the public consciousness through media coverage of a number of high-profile police killings of unarmed Black victims. In explaining these events, the common understanding has been that there are some bad apples... 2020  
Khiara M. Bridges RACIAL DISPARITIES IN MATERNAL MORTALITY 95 New York University Law Review 1229 (November, 2020) Racial disparities in maternal mortality have recently become a popular topic, with a host of media outlets devoting time and space to covering the appalling state of black maternal health in the country. Congress responded to this increased societal awareness by passing the Preventing Maternal Deaths Act at the tail end of 2018. The law provides... 2020  
Richard Delgado, Jean Stefancic RADICAL METHOD 24 U.C. Davis Social Justice Law Review 3 (Winter, 2020) Should traditional liberals and insurgent scholars who disdain the system nevertheless work together? They start at different points, build on clashing presumptions, and follow different methodologies. Nevertheless, they often come out the same way. Indeed, practitioners of the standard cases-and-policies approach sometimes end up instinctively... 2020  
Tristin K. Green RETHINKING RACIAL ENTITLEMENTS: FROM EPITHET TO THEORY 93 Southern California Law Review 217 (January, 2020) From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and... 2020  
Catherine Powell , Camille Gear Rich THE "WELFARE QUEEN" GOES TO THE POLLS: RACE-BASED FRACTURES IN GENDER POLITICS AND OPPORTUNITIES FOR INTERSECTIONAL COALITIONS 19th Georgetown Law Journal 105 (June, 2020) C1-2Table of Contents Introduction. 108 I. The Welfare Queen Goes to the Polls. 115 A. ORIGINS OF THE WELFARE QUEEN. 115 B. THE WELFARE QUEEN AT THE POLLS. 121 C. DISCURSIVE GOALS: THE WELFARE QUEEN AS A THREAT TO AMERICAN DEMOCRACY. 125 1. The Right to Vote as a Scarce Resource. 126 2. Individual Malfeasance Versus Institutional Wrongdoing. 127 3.... 2020  
Katelyn P. Dembowski THE CASE FOR SOCIOECONOMIC AFFIRMATIVE ACTION: A JURISPRUDENTIAL EXAMINATION AT THE DISPARITY BETWEEN PRIVILEGE AND POVERTY IN HIGHER EDUCATION ADMISSIONS 31 Hastings Women's Law Journal 129 (Winter, 2020) It is hard for us Westerners, not that the freedom that men seek differs according to their social or economic status, but that the majority who possess it have gained it by exploiting, or, at least, averting their gaze from, the vast majority who do not. - Isaiah Berlin Racial minorities in America have faced unequal representation and... 2020  
Christian Sundquist THE FUTURE OF LAW SCHOOLS: COVID-19, TECHNOLOGY, AND SOCIAL JUSTICE 53 Connecticut Law Review Online 1 (December, 2020) The COVID-19 pandemic has laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum. The need to re-envision the future of legal education existed well before the current pandemic, spurred by the shifting nature of legal practice as well as... 2020  
Patricia M. Muhammad THE TRANS-ATLANTIC SLAVE TRADE'S AFRICAN ELEPHANT IN THE INTERNATIONAL COURTROOM: WEST AFRICA'S DEBT OF REPARATIONS TO THE DESCENDANTS OF THE BLACK DIASPORA 27 U.C. Davis Journal of International Law and Policy 81 (Fall, 2020) Legal scholarship concerning the crimes against humanity and exploited forced labor that characterized the Trans-Atlantic Slave trade has consistently focused on Western nation states --in particular, the United States' obligation to pay restitution to Blacks of the African Diaspora. However, one of the most implacable voids regarding this... 2020  
Claire P. Donohue THE UNEXAMINED LIFE: A FRAMEWORK TO ADDRESS JUDICIAL BIAS IN CUSTODY DETERMINATIONS AND BEYOND 21 Georgetown Journal of Gender and the Law 557 (Spring, 2020) Scholars and litigators alike have long wondered about what is on the minds of judges. Kahan et al. have studied how judges' political commitments influence their perception of legally consequential facts. Sheri Johnson et al. confirmed the presence of implicit bias among a sample of judges and analyzed the relationship between that bias and the... 2020  
Ezra Graham Lintner TO EACH THEIR OWN: USING NONBINARY PRONOUNS TO BREAK SILENCE IN THE LEGAL FIELD 27 UCLA Women's Law Journal 213 (Summer, 2020) The last decade has been monumental in the fight for transgender rights, including a growing recognition of transgender identity. This shift has also created space for those with nuanced gender identities--such as those who are nonbinary--to join the conversation. Individuals who identify as nonbinary do not identify as male or female, but... 2020  
Theresa Zhen (COLOR)BLIND REFORM: HOW ABILITY-TO-PAY DETERMINATIONS ARE INADEQUATE TO TRANSFORM A RACIALIZED SYSTEM OF PENAL DEBT 43 New York University Review of Law and Social Change 175 (2019) As economic sanctions imposed with a criminal conviction proliferate nationwide, reformers have fought for and won the institutionalization of ability-to-pay determinations. While often viewed as a victory in the effort to end the criminalization of poverty, there is a substantial risk that ability-to-pay determinations may actually exacerbate the... 2019  
Steven W. Bender , Francisco Valdes , Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona AFTERWORD WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS 9 University of Miami Race & Social Justice Law Review 141 (Spring, 2019) I. Introduction. 142 II. Origins and Anchors. 146 A. The Fundamental Role of the Annual/Biennial Conference. 146 B. The Continuing Need for Critical Outsider Pipelines and Networking. 152 C. The Centrality of Knowledge Production to the LatCrit Mission. 158 D. The Equal Centrality of Critical Pedagogy to the LatCrit Mission. 162 III. Priorities and... 2019  
Jennifer Jones BAKKE AT 40: REMEDYING BLACK HEALTH DISPARITIES THROUGH AFFIRMATIVE ACTION IN MEDICAL SCHOOL ADMISSIONS 66 UCLA Law Review 522 (March, 2019) Forty years after the landmark Supreme Court decision in U.C. Regents v. Bakke, medical schools remain predominantly white institutions. In Bakke, Justice Powell infamously rejected the concept of societal discrimination, which was offered as a justification for the U.C. Davis medical school's race-conscious admissions program, as an amorphous... 2019  
Valeria M. Pelet del Toro BEYOND THE CRITIQUE OF RIGHTS: THE PUERTO RICO LEGAL PROJECT AND CIVIL RIGHTS LITIGATION IN AMERICA'S COLONY 128 Yale Law Journal 792 (January, 2019) Long skeptical of the ability of rights to advance oppressed groups' political goals, Critical Legal Studies (CLS) scholars might consider a U.S. territory like Puerto Rico and ask, What good are rights when you live in a colony? In this Note, I will argue that CLS's critique of rights, though compelling in the abstract, falters in the political... 2019  
Roza E. Patterson BLACK BODIES DROWNING IN THE MEDITERRANEAN SEA: WHY DOES THE WORLD NOT CARE? 23 UCLA Journal of International Law and Foreign Affairs 183 (Spring, 2019) In November 2014, Pope Francis urged European leaders to stop the Mediterranean Sea from becoming a vast cemetery for migrants. Known for its crystal-clear blue water, beautiful sunsets, and top vacation destinations, calling the Mediterranean Sea a cemetery seemed rather paradoxical. However, this sea has, in fact, become the graveyard for... 2019  
John E. Foster CHARGES TO BE DECLINED: LEGAL CHALLENGES AND POLICY DEBATES SURROUNDING NON-PROSECUTION INITIATIVES IN MASSACHUSETTS 60 Boston College Law Review 2511 (November, 2019) Abstract: The election of progressive prosecutors introduces new objectives and tools into the traditional tough on crime playbook of local prosecution. Newly-elected District Attorney Rachael Rollins of Suffolk County, Massachusetts has proposed one such tool: non-prosecution of certain criminal laws, chiefly non-violent misdemeanors. This... 2019  
Josué López CRT AND IMMIGRATION: SETTLER COLONIALISM, FOREIGN INDIGENEITY, AND THE EDUCATION OF RACIAL PERCEPTION 19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When... 2019  
Addie C. Rolnick DEFENDING WHITE SPACE 40 Cardozo Law Review 1639 (April, 2019) What I knew then, what black people have been required to know, is that there are few things more dangerous than the perception that one is a danger. --Jelani Cobb, Between the World and Ferguson Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions--ranging from body cameras to... 2019  
Lisa M. Saccomano DEFINING THE PROPER ROLE OF "OFFENDER CHARACTERISTICS" IN SENTENCING DECISIONS: A CRITICAL RACE THEORY PERSPECTIVE 56 American Criminal Law Review 1693 (Fall, 2019) In 2016, the news media in the United States widely reported the case of Brock Turner, a young white college athlete from Stanford who was convicted of sexual assault but spared the mandatory term of imprisonment. The American public was outraged at the leniency of the sentence imposed. A campaign was launched to remove from the bench the judge who... 2019  
Katherine L. Moore, J.D. DISABLED AUTONOMY 22 Journal of Health Care Law and Policy 245 (2019) Disability law is still undertheorized. In 2007, Ruth Colker wrote that disability law was undertheorized because it conflated separate with unequal, and because disability was largely ignored or poorly understood within theories of justice. The solution for Colker was to attach the anti-subordination perspective, which was developed to apply... 2019  
Etienne C. Toussaint DISMANTLING THE MASTER'S HOUSE: TOWARD A JUSTICE-BASED THEORY OF COMMUNITY ECONOMIC DEVELOPMENT 53 University of Michigan Journal of Law Reform 337 (Winter 2019) Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED,... 2019  
David Simson FOOL ME ONCE, SHAME ON YOU; FOOL ME TWICE, SHAME ON YOU AGAIN: HOW DISPARATE TREATMENT DOCTRINE PERPETUATES RACIAL HIERARCHY 56 Houston Law Review 1033 (Spring, 2019) Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory--a social... 2019  
Devon W. Carbado FOOTNOTE 43: RECOVERING JUSTICE POWELL'S ANTI-PREFERENCE FRAMING OF AFFIRMATIVE ACTION 53 U.C. Davis Law Review 1117 (December, 2019) For more than four decades, scholars have been debating the constitutional parameters of affirmative action. Central to this debate is Justice Powell's opinion in Regents of the University of California v. Bakke. For good or bad, that opinion has set not only the doctrinal terms on which lawyers litigate and judges adjudicate the constitutionality... 2019  
Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez Martínez FOREWORD TO LATCRIT 2017 SYMPOSIUM: WHAT'S NEXT? RESISTANCE RESILIENCE AND COMMUNITY IN THE TRUMP ERA 9 University of Miami Race & Social Justice Law Review Rev. 1 (Spring, 2019) I. Introduction. 2 II. Unprecedented, Unprincipled, Unprofessional: The Rise of the Trump Administration in the United States. 8 III. Constellations of Resistance: How Persisting and Emerging Social Movement Actors are Fighting Back. 15 IV. Gathering Together for LatCrit XXI: What's Next?. 21 V. The Symposium Pieces: The Spirit of Resistance and... 2019  
Steven L. Nelson , Ray Orlando Williams FROM SLAVE CODES TO EDUCATIONAL RACISM: URBAN EDUCATION POLICY IN THE UNITED STATES AS THE DISPOSSESSION, CONTAINMENT, DEHUMANIZATION, AND DISENFRANCHISEMENT OF BLACK PEOPLES 19 Journal of Law in Society 82 (Spring, 2019) In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in... 2019  
Anna Spain Bradley HUMAN RIGHTS RACISM 32 Harvard Human Rights Journal 1 (Spring, 2019) International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law's impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world... 2019  
Angel E. Sanchez IN SPITE OF PRISON 132 Harvard Law Review 1650 (April, 2019) How does a former gang-banging, gun-toting Latino serving a thirty-year prison sentence, the product of an elderly uneducated immigrant father and a drug-addicted mother, go from a prison cell to law school? It was not because of prison, but in spite of it. The prosecutor is offering you a plea deal of seven years in juvenile prison, and if you... 2019  
Marja K. Plater, Esq. IN SPITE OF THE ODDS: ACHIEVING EDUCATIONAL STABILITY FOR MARYLAND'S AFRICAN AMERICAN FOSTER YOUTH 39 Children's Legal Rights Journal 88 (2019) Access to appropriate public education in the United States has been an ongoing societal issue since its inception. The inherent racial inequalities in public education have been brought to light repeatedly over the years and are highlighted in Brown v. Board of Education. The policy shift in viewing education as a civil right, and thus an issue of... 2019  
Julie J. Park INTEREST CONVERGENCE, NEGATIVE ACTION, AND SFFA vs. HARVARD 26 Asian American Law Journal 13 (2019) I. Interest Convergence: The Full Realization. 13 II. The Complexities of Negative Action in 2018. 16 III. Concluding Thoughts. 18 2019  
Devon W. Carbado , Cheryl I. Harris INTERSECTIONALITY AT 30: MAPPING THE MARGINS OF ANTI-ESSENTIALISM, INTERSECTIONALITY, AND DOMINANCE THEORY 132 Harvard Law Review 2193 (June, 2019) 2019 marks thirty years since the publication of Kimberlé Crenshaw's groundbreaking article, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics. While scholars across the disciplines have engaged intersectionality from a range of theoretical and... 2019  
Daanika Gordon , Emma Shakeshaft LINKING RACIAL CLASSIFICATION, RACIAL INEQUALITY, AND RACIAL FORMATION: THE CONTRIBUTIONS OF PULLED OVER 44 Law and Social Inquiry 257 (February, 2019) Epp, Charles, Steven Maynard-Moody, and Donald Haider-Markel. Pulled Over: How Police Stops Define Race and Citizenship. Chicago: University of Chicago Press, 2014. Pulled Over: How Police Stops Define Race and Citizenship, by Charles R. Epp, Steven Maynard-Mood, and Donald Haider-Markel, is an important piece of law and society scholarship that... 2019  
Richard Delgado METAMORPHOSIS: A MINORITY PROFESSOR'S LIFE 53 U.C. Davis Law Review Online 1 (July, 2019) This article is a dark, semi-autobiographical takeoff on a famous novel by Franz Kafka. I use the predicament of Gregor, the central character in The Metamorphosis, as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law. It proceeds in a series of 37 short vignettes told in the course... 2019  
David Hòa Khoa Nguy<>n NATIVISM IN IMMIGRATION: THE RACIAL POLITICS OF EDUCATIONAL SANCTUARIES 19 University of Maryland Law Journal of Race, Religion, Gender and Class 102 (Spring, 2019) While comprehensive immigration reform--specifically the DREAM Act -- has yet to be passed and implemented, President Obama's Deferred Action for Childhood Arrivals (DACA) has opened access and opportunities for undocumented students. However, the election of President Donald Trump has sparked contentious political, societal, and litigious debates,... 2019  
Chan Tov McNamarah ON THE BASIS OF SEX(UAL ORIENTATION OR GENDER IDENTITY): BRINGING QUEER EQUITY TO SCHOOL WITH TITLE IX 104 Cornell Law Review 745 (March, 2019) A transgender fourth-grader's teacher refuses to address her by her preferred name and gender. A lesbian high-school student's sexual education class does not teach her about topics relevant to her experience as a queer woman. A gay male college student's campus does not have LGBT-specific post-sexual assault care. Under a formal equality approach... 2019  
Otis Grant POWER MATTERS: POWER CONFIGURATION AND THE DEATH OF AMERICAN LAW 26 Cardozo Journal of Equal Rights & Social Justice 1 (Fall, 2019) C1-2TABLE OF CONTENTS I. Introduction. 1 II. Rawls, Locke and the Tradition of American Justice. 4 III. Institutionalism and the Seperation of Power. 6 A. Constitutional Structure. 7 B. The Judicial Branch. 8 C. Legislative Branch. 11 IV. Power. 12 V. Authority is not the Same as Power. 14 VI. Power Configuration. 19 A. Power Configuration is... 2019  
Yuvraj Joshi RACIAL INDIRECTION 52 U.C. Davis Law Review 2495 (June, 2019) Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed--and may continue to allow--efforts to desegregate America's universities. By analyzing the Supreme Court's affirmative action cases, the Article shows how specific... 2019  
Monika Batra Kashyap REBELLIOUS REFLECTION: SUPPORTING COMMUNITY LAWYERING PRACTICE 43 New York University Review of Law and Social Change 403 (2019) This Article contends that lawyers who are trained in the skill of reflection are better equipped to engage in a social change-oriented approach to law practice called community lawyering. By conceptualizing reflection as a contemplative pedagogy, this Article will reveal a profound connection between community lawyering, reflection, and the... 2019  
Harvey Gee STINGRAY CELL-SITE SIMULATOR SURVEILLANCE AND THE FOURTH AMENDMENT IN THE TWENTY-FIRST CENTURY: A REVIEW OF THE FOURTH AMENDMENT IN AN AGE OF SURVEILLANCE, AND UNWARRANTED BARRY FRIEDMAN, UNWARRANTED: POLICING WITHOUT PERMISSION, NEW YORK: FARRAR, STRAUSS 93 Saint John's Law Review 325 (2019) The police can secretly track your every physical movement, listen to your private conversations, and collect data from your cell phone--all without first getting a warrant based on probable cause, signed off by a judge. WTF?! you text. Indeed, this practice by law enforcement using portable Stingray cell-site simulators as digital surveillance... 2019  
Roy L. Brooks SUBORDINATION DISCOURSE: A CRITIQUE OF TRUMP'S DIVERSITY MODEL 4 University of Pennsylvania Journal of Law & Public Affairs 203 (January, 2019) Introduction. 203 I. Trump's Diversity Model. 209 A. Jobs. 209 B. Education. 210 II. A Framework for the Post-Jim Crow Race Problem. 212 A. Post-Civil Rights Norms. 212 B. Subordination Discourse. 215 III. Critique of Trump's Diversity Model. 218 A. Jobs. 218 B. Education. 226 Conclusion. 232 2019  
Bridget J. Crawford TAX TALK AND REPRODUCTIVE TECHNOLOGY 99 Boston University Law Review 1757 (September, 2019) The tax system both reacts to and helps create attitudes about the value of certain behaviors and choices. This Article makes three principal claims--one empirical, one normative, and one interpretative. The Article demonstrates through data that a representative sample of fertility clinics in the United States does not make information about the... 2019  
André Douglas Pond Cummings TEACHING SOCIAL JUSTICE THROUGH "HIP HOP AND THE LAW" 42 North Carolina Central Law Review 3 (2019) This article queries whether it is possible to teach law students about social justice through a course on hip hop and its connection to and critique of the law. We argue, in these dedicated pages of the North Carolina Central Law Review, that yes, hip hop and the law offer an excellent opportunity to teach law students about social justice. But,... 2019  
Melvin J. Kelley IV TESTING ONE, TWO, THREE: DETECTING AND PROVING INTERSECTIONAL DISCRIMINATION IN HOUSING TRANSACTIONS 42 Harvard Journal of Law & Gender 301 (Summer, 2019) A review of the past fifty years has generated a consensus that the federal Fair Housing Act (FHA), also known as Title VIII, has fared far less well in addressing discrimination than its counterpart in employment, Title VII. Included among these failings is the relative dearth of intersectionality theory in fair housing jurisprudence. While courts... 2019  
Elizabeth B. Cooper THE APPEARANCE OF PROFESSIONALISM 71 Florida Law Review 1 (January, 2019) The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of outsider lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ... 2019  
Christopher Griffin THE CELIA DOCTRINE: A NEW DEFENSE AGAINST THE CRIMINALIZATION OF RAPE VICTIMS 43 Journal of the Legal Profession 251 (Spring, 2019) Introduction. 251 I. State of Missouri v. Celia. 252 II. State of Tennessee v. Cyntoia. 255 III. Celia & Cyntoia. 259 IV. What is the Celia Doctrine?. 262 V. Application of the Celia Doctrine. 263 VI. Cyntoia Today. 264 VII. Clemency. 266 Conclusion. 268 2019  
Jyoti Nanda THE CONSTRUCTION AND CRIMINALIZATION OF DISABILITY IN SCHOOL INCARCERATION 9 Columbia Journal of Race and Law 265 (2019) This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized... 2019  
Milan Markovic , Gabriele Plickert THE PARADOX OF MINORITY ATTORNEY SATISFACTION 60 International Review of Law & Economics 1 (December, 2019) Article history: Received 17 June 2019 Received in revised form 13 September 2019 Accepted 14 September 2019 Available online 27 September 2019 Keywords: Satisfaction Minority attorneys Ordered logit regression A substantial literature documents the challenges faced by minority attorneys in the legal profession, ranging from underrepresentation in... 2019  
Todd J. Clark THE TAKEOVER: HIP HOP'S EVOLUTION AND INFLUENCE IN THE LAW SCHOOL CLASSROOM 42 North Carolina Central Law Review 51 (2019) When I was asked to write this article, I was reminded of a question asked at the beginning of the movie Brown Sugar--a movie which is often regarded as one of the most iconic films in urban, as well as hip hop, culture. The question: So, when did you fall in love with hip hop? is answered by rappers Kool G. Rap, Russell Simmons, Black Thought,... 2019  
Teri A. McMurtry-Chubb THERE ARE NO OUTSIDERS HERE 16 Legal Communication & Rhetoric: JALWD 1 (Fall, 2019) On September 27, 2018, Dr. Christine Blasey Ford testified before the Senate Judiciary Committee about then Supreme Court Nominee Judge Brett Kavanaugh's alleged assault of her 36 years earlier. Rifts soon occurred along partisan and gender lines, with those supporting Judge Kavanaugh on one side of the divide and those supporting Dr. Blasey Ford... 2019  
Mari J. Matsuda THIS IS (NOT) WHO WE ARE: KOREMATSU, CONSTITUTIONAL INTERPRETATION, AND NATIONAL IDENTITY 128 Yale Law Journal Forum 657 (January 30, 2019) abstract. This Essay argues that we are at a critical moment in the project of constitutional interpretation. Our choice to expand or contract our notion of rights implicates our survival as a species, as growing wealth inequality, globalized neofascism, and climate chaos loom. Asserting the continued usefulness of legal claims, the author asks a... 2019  
Puja Kapai UNDUE INFLUENCE AND UNCONSCIONABILITY IN COMPARATIVE COMMON LAW: DELIVERING CONTEXTUALIZED JUSTICE FOR MINORITY SURETIES 28 Transnational Law & Contemporary Problems 363 (Spring, 2019) Legal transplantation through colonization, mass migration, and--more recently--globalization has long been under the microscope of scholars, anthropologists, and lawyers, among others, who have sought to better understand the workings of the law in contexts foreign to its place of origin. This quest for understanding the relevance and... 2019  
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