AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Elizabeth M. Bloom NATASHA N. VARYANI, OWNING OUR VALUES: UNDERSTANDING SYSTEMIC RACISM THROUGH THE LENS OF PROPERTY LAW (AND SKILLS TO DO SOMETHING ABOUT IT), DURHAM, NC: CAROLINA ACADEMIC PRESS, 2024, PP. 274, $40 (PAPERBACK) 73 Journal of Legal Education 886 (Spring, 2025) Owning Our Values: Understanding Systemic Racism Through the Lens of Property Law (And Skills to Do Something About It) is an essential resource for the growing number of legal educators and law students who recognize that examining systemic inequities created and reinforced by the legal system is not only a critical component of legal education,... 2025  
Julie Novkov NO RETURN: CASTE AND THE END OF THE LIBERAL DEBATE OVER U.S. ANTIDISCRIMINATION LAW 85 Maryland Law Review 209 (2025) For decades, debates over antidiscrimination law have been between competing frames of antisubordination and anticlassification, both of which use the idea of caste as a form of immanent critique. This Article will analyze how the Trump Administration rejects this debate, articulating a new understanding of antidiscrimination. In considering and... 2025  
Spencer Overton OVERCOMING RACIAL HARMS TO DEMOCRACY FROM ARTIFICIAL INTELLIGENCE 110 Iowa Law Review 805 (January, 2025) ABSTRACT: While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy. Left unchecked, AI will exacerbate already substantial existing challenges, such as racial polarization, cultural anxiety, antidemocratic attitudes, racial vote... 2025  
Jordin A. Dickerson PARTY OVER COUNTRY: THE INABILITY FOR CONGRESS TO CHECK THE EXECUTIVE 113 Kentucky Law Journal 821 (2024-2025) Introduction. 823 I. Framers' Expectation of Congressional Checks over the Executive. 825 A. Impeachment. 827 B. Appointment Process. 829 C. Legislative Process. 831 II. Congressional Failures Today. 832 A. Impeachment. 833 i. Trump Administration Impeachment(s). 834 ii. Biden Administration Impeachment(s). 836 B. Appointment Process. 838 C.... 2025  
Janel A. George PLACE, POWER, AND SCHOOL PUSHOUT: DEFENSIVE LOCALISM AND SCHOOL DISCIPLINE 125 Columbia Law Review 2145 (December, 2025) Suspensions, expulsions, and school-based arrests: These exclusionary and overly punitive disciplinary responses disproportionately impact Black students and have become normalized throughout the nation. In reality, school pushout, or the disciplinary sanction of removing students from the classroom, contravenes the very purpose of public education... 2025  
Devon W. Carbado POLICE POWER ABOLITION 72 UCLA Law Review Discourse 658 (2025) This Article employs the Law Review's Discourse symposium on my book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, as a starting point to foreground and elaborate on an idea that I reference in that text: police power abolition. The Article begins by describing the central insight that motivates Unreasonable--namely, that... 2025  
Josh Bowers POLITICAL RETRIBUTIVISM, LIBERAL DEFICITS & INSTRUMENTAL INSTITUTIONALISM: LINGERING QUESTIONS (AND WARM WORDS) FOR DAN MARKEL 52 Florida State University Law Review 505 (Spring, 2025) Strangers on this road we are on. We are not two; we are one. --The Kinks Introduction. 505 I. A Brief Recap. 509 II. Dan's Methodology of Rights. 512 III. A Turbulent Decade. 517 A. Dan's America. 517 B. Trump's America. 520 IV. Instrumental Institutional Pride and the Hidden Promise of Political Retributivism. 532 A. Institutional Pride &... 2025  
Harold McDougall PREPARE, REPAIR, DEFEND: A DIY TOOLKIT FOR REPARATIONS 2.0 9 Howard Human & Civil Rights Law Review 151 (2024-2025) C1-2Table of Contents Introduction. 152 I. Awakening. 153 A. CARICOM On Reparations. 153 B. Cultural DNA. 153 1. Protests and Its Limitations. 155 II. Engaging the University to Support Community-Based Cooperation. 161 III. The Havard Legacy of Slavery Initiative and My Proposal. 162 A. The Need of Reparations by Harvard. 162 IV. The Initiative and... 2025  
Caleb Macdonald PRESERVING IDENTITY: COMPARISON OF MINORITIES' RIGHTS TO EDUCATE CHILDREN IN FRANCE AND THE UNITED STATES 42 Wisconsin International Law Journal 627 (Summer, 2025) To what extent parents should control their child's education is a hotly debated issue. Some view campaigns for parental rights as a detraction from the quality of public school education. Others worry that children will be harmed by a parent's failure to meet educational standards, or by a desire to indoctrinate children with perspectives many... 2025  
Zenia Grzebin PRESERVING THE TOOTHLESS TIGER: HOW THE TRUMP ADMINISTRATION'S ANTI-DEI AGENDA DEFIES THE EEOC'S STATUTORY ROLE 32 Virginia Journal of Social Policy and the Law 160 (Summer, 2025) Introduction. 161 I. Creating the Toothless Tiger: Background on the EEOC and DEI. 164 A. Origins of the EEOC. 165 B. The Modern EEOC. 170 C. Defining DEI. 174 II. Unleashing the Toothless Tiger: Implementation and Justification of the Anti-DEI Agenda. 177 A. The Anti-DEI Agenda and the EEOC. 177 B. The Anti-DEI Agenda as an Outgrowth of the... 2025  
Luke P. Norris PROCEDURAL POLITICAL ECONOMY 66 William and Mary Law Review 1455 (May, 2025) When the Federal Rules of Civil Procedure came into being in 1938, a broad political economy discourse was driving significant legal and policy reform efforts. Legal scholars, economists, political leaders, and others placed questions of economic power and their relationship to democracy at the center of those reform efforts, honing and developing... 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  
Gabrielle Mark-Bachoua QUIET AS MAUS--ARE OBSCENITY LAWS DIRECTED AT SCHOOL LIBRARIES SILENCING CHILDREN'S FIRST AMENDMENT PROTECTIONS? 61 California Western Law Review 243 (Winter, 2025) C1-2Table of Contents I. Introduction-the parent, the state, and the child. 244 A. Parental and State Control of Education. 248 B. Caged Birds No Longer. 251 II. Shutting The Bluest Eye through Legislation. 254 A. Florida. 255 B. Missouri. 257 C. Texas. 265 D. Do the Obscenity Statutes Neutralize Overbreadth Challenges?. 268 III. Our Constitution's... 2025  
Katheryn Russell-Brown , Vanessa Miller RACE CENTERS AS CRITICAL CURRICULUM SPACES IN U.S. LAW SCHOOLS 76 Mercer Law Review 609 (April, 2025) This piece aims to amplify the role of law school race centers. In fact, these centers are central curriculum spaces for student teaching and learning about race. The discussion highlights the role of race centers in law schools, explores the scholarly potential of race centers, and proposes strategies for sustaining race centers. The piece... 2025  
Vania Blaiklock RACE WITHOUT RACISM: RELIGIOUS SCHOOL CURRICULA AND THE RACE-NEUTRAL LEGACY OF BROWN 66 William and Mary Law Review 883 (March, 2025) C1-2Table of Contents Introduction. 884 I. Brown's Colorblind Conversion. 888 II. Abeka Case Study--Narratives of Race Without Racism. 900 A. African Slave Trade & American Slavery. 902 B. Reconstruction. 906 C. The Civil Rights Movement. 908 D. Oppression in the Twenty-First Century. 911 Conclusion. 914 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  
Bennett Capers, Jeffrey Bellin RACE, THE ACADEMY, AND THE CONSTITUTION OF THE WAR ON DRUGS, THE CONSTITUTION OF THE WAR ON DRUGS BY DAVID POZEN, OXFORD UNIVERSITY PRESS, 2024 134 Yale Law Journal 1763 (March, 2025) The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen's new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host... 2025  
Mary Louise Frampton REFLECTIONS ON TEACHING RESTORATIVE JUSTICE AS A RACIAL JUSTICE TOOL 73 Journal of Legal Education 1102 (Summer, 2025) I came to the teaching of restorative justice as a civil rights lawyer scarred by thirty years in the battleground of the courtroom. As an attorney I had attempted to resolve many of my cases without the cost and trauma of trial, but I was dubbed a barracuda once the fight began. Practicing in a conservative region, representing unpopular... 2025  
Nia Johnson REFORMED BUT NOT REPAIRED 29 Michigan Journal of Race and Law 293 (Winter, 2025) Traditionally, scholars and policymakers concerned with making improvements to health care systems and structures have focused on insurance reform. The ACA-- the United States' most recent and substantial healthcare reform--was hoped to be an intervention that would help provide equity to all Americans. Indeed, scholars and policymakers viewed... 2025  
Evelyn Yadira Galván REMOVING THE EVIDENCE BLINDFOLD: WHY THE MICHIGAN RULES OF CROSS-RACIAL IDENTIFICATION, OTHER-ACTS EVIDENCE, AND FLIGHT SHOULD BE RACE-CONSCIOUS 102 University of Detroit Mercy Law Review 209 (Winter, 2025) Evidence rules in the United States exhibit a racialized history akin to the history of the United States's inception. The rules of evidence were written by predominantly White males, and the average experience contemplated was that of a White male. Not only was it the norm, but Whiteness also became the standard for competence in the U.S.... 2025  
Mary Ziegler , Maxine Eichner , Naomi Cahn RETRENCHMENT BY DIVISION: THE NEW POLITICS OF PARENTAL RIGHTS 123 Michigan Law Review 669 (February, 2025) C1-2Table of Contents Introduction. 672 I. The History of Parental-Rights Diversion. 676 A. Busing in the Post-Brown Era. 678 B. Parental Rights and Abortion. 683 C. Parental Rights and the Battle over LGBTQ+ Rights. 688 II. Why Now? The New Movement Politics of Parental Rights. 692 A. The Organized Push for Parental-Rights Laws. 692 B. Parents,... 2025  
Erik Encarnacion SECTION 1981 AS CONTRACT LAW 111 Virginia Law Review 1605 (December, 2025) A civil rights secret hides in plain sight: a federal antidiscrimination statute, 42 U.S.C. § 1981, expresses foundational rules of contract law in the United States. Originating in the Civil Rights Act of 1866 and amended by the Civil Rights Act of 1991, Section 1981 prohibits racially discriminatory formation, performance, modification,... 2025  
Ofra Bloch SFFA AND THE MEMORY WARS 27 University of Pennsylvania Journal of Constitutional Law 350 (May, 2025) The Supreme Court's decision in Students for Fair Admissions v. Harvard (SFFA) effectively ended race-conscious affirmative action in college admissions as we know it. While much of the existing literature focuses on the practical implications of this decision, the distinct focus of this Article is on the historical narrative constructed by the... 2025  
Sean LaLiberte SPEECH FIRST, INC. v. SANDS: SPEECH, ANTIDISCRIMINATION, AND THE OPEN QUESTION OF EQUITY IN EDUCATION 102 Denver Law Review Forum 1 (2025) In nine separate lawsuits against public universities since 2018, a nonprofit advocacy group called Speech First, Inc. has mitigated the efforts of higher education administrators to balance speech and antidiscrimination interests in support of traditionally marginalized students who experience racist, misogynistic, or otherwise bigoted speech in... 2025  
Mark C. Niles STARE DECISIS AND THE 1L CLASSROOM: CAN LEGAL REASONING BE TAUGHT WITHOUT JUDICIAL RESPECT FOR PRECEDENT? 98 Saint John's Law Review 1319 (2025) I began my career as a law professor in 1998 and, in every year but one, since then I have taught at least one first-year required law school course. I have taught Civil Procedure each of these years and some version of a required Constitutional Law course in about half of them. I want to say just a little bit about stare decisis and its importance... 2025  
Margaret Montoya TEACHING IN A TIME OF RETRENCHMENT 72 UCLA Law Review Discourse 458 (2025) Constitutional law is the lodestar for law teaching in the United States and is often referred to as the supreme law of the land. But how are this and related bodies of law to be taught? And what should law students learn when ideological shifts in the Supreme Court lead to radical shifts in Constitutional interpretation? This Essay uses the Dobbs... 2025  
Dawn D. Bennett-Alexander THE ANATOMY OF CREATING A NEW LEGAL DISCIPLINE IN WHICH INTERSECTIONALITY IS INTEGRAL: TEACHING EMPLOYERS TO ACCEPT THE IMPORTANCE OF WORKPLACE DISCRIMINATION AND UNDERSTANDING THE CONNECTION BETWEEN THE INTERSECTIONALITY MESSAGES WE RECEIVE AND HOW THEY 76 Mercer Law Review 647 (April, 2025) The Author created the first law course in the country for colleges of business that taught business students how to recognize and work to avoid the genesis of workplace discrimination legal claims that lawyers are then called upon to handle, many of which are firmly rooted in intersectionality. That is, Title VII of the Civil Rights Act of 1964... 2025  
Neal McCluskey THE CONSERVATIVE RESPONSE TO TRANSFORMATIVE DISRUPTION: VOICE OR EXIT 100 YEARS AFTER MEYER AND PIERCE? 26 Journal of Contemporary Legal Issues 359 (2025) In 1923 and 1925, respectively, the U.S. Supreme Court rulings in Meyer v. Nebraska and Pierce v. Society of Sisters established limits on the ability of government to constrain what children's education contains and where it occurs. The Court recognized the right of parents to exercise basic control over those things. One hundred years later, we... 2025  
Sydney Crute THE CONVERSATION CONTINUES: THE JUDICIARY'S EVOLVING ROLE IN PERPETUATING RACIAL DISPARITIES IN ADDICTION TREATMENT 93 Fordham Law Review 2183 (May, 2025) Language is a powerful means of social control, an idea that resonates deeply with court rhetoric as it relates to race. This Note examines the language courts use when discussing cases related to drug use and addiction. During the crack epidemic, when Black individuals represented the race of the primary drug user and drug dealer, courts relied on... 2025  
Nadia B. Ahmad THE IMPERCEPTIBILITY OF MUSLIM IDENTITY 28 CUNY Law Review 169 (Winter, 2025) This article examines the challenges facing Muslim Americans, particularly Muslim women, as they confront systemic bias, intersectional oppression, and the racialization of religion in the United States. Through personal narrative and critical legal scholarship, it explores the pervasive nature of Islamophobia in political, academic, and societal... 2025  
Russell K. Robinson THE INCOHERENCE OF THE "COLORBLIND CONSTITUTION" 113 California Law Review 993 (June, 2025) The Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA) majority opinion has been widely misunderstood as a victory for those who believe in the colorblind Constitution. By juxtaposing the opinion's main rule with the exception for admitting students based on essays that discuss students' lived experiences with... 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  
Yuvraj Joshi THE LAW OF RACIAL RESENTMENT 72 UCLA Law Review 424 (September, 2025) Racial resentment, stemming from perceptions that one racial group has unfairly lost opportunities to another, has profoundly shaped decades of affirmative action law. Affirmative action programs emerged in the 1960s to counteract racial discrimination and expand opportunities for racial minorities. However, some white applicants soon viewed these... 2025  
Raymond H. Brescia THE METHOD IS THE MESSAGE: MOVEMENT LAW AND THE SOCIAL CHANGE COMMONS 129 Dickinson Law Review 375 (Winter, 2025) Legal scholars have long sought to understand the relationship between social movements and the law. A new group of such scholars has argued that to better understand this relationship, and to advance social change that is effective, sustainable, equitable, and just, they must engage in dialogue with such movements to generate ideas that will... 2025  
Cortelyou C. Kenney THE NEW GAME THEORY 59 Georgia Law Review 1011 (Spring, 2025) Game theory and the legal system it models are deeply indebted to the idea of efficiency and efficient outcomes. A great many scholars use game theory to rationalize approaches based on efficiency not only to commercial transactions but also to the legal system writ large, including the tort law system and the criminal justice system. Efficiency... 2025  
Jordan Blair Woods THE NEW SEXUAL DEVIANCY 113 Georgetown Law Journal 911 (May, 2025) An unprecedented wave of legislation targeting LGBTQ+ communities has swept across the country in recent years. The scope of this legislation is vast, targeting LGBTQ+ people in key areas such as education, healthcare, public accommodations, civil rights, free speech, and child welfare. Dozens of recent anti-LGBTQ+ bills have become actual law, and... 2025  
Ilya Shapiro THE PROCESS WAS THE PUNISHMENT: GEORGETOWN LAW'S FAILURE TO STAND UP FOR SPEECH 23 Georgetown Journal of Law & Public Policy 149 (Winter, 2025) C1-3Table of Contents I. Introduction. 149 II. Four Days of Hell. 153 III. Four Months of Purgatory. 159 IV. Redemption and Resignation. 168 V. Conclusion. 175 2025  
Brittany Farr THE RACE CASE IN CONTRACTS 100 New York University Law Review 1070 (October, 2025) This Article develops a new framework for thinking about the place of race in Contracts. It argues that culture and context work in tandem in the form of cultural scripts to weave racial associations into texts where race is not explicitly identified. This suggests that the impact and influence of race in Contracts might have as much to do with... 2025  
Danielle Wingfield THE RESURGENCE OF MASSIVE RESISTANCE 82 Washington and Lee Law Review 259 (Winter, 2025) Massive Resistance to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown's seventieth... 2025  
Jamel K. Donnor THE RIGHT TO A NUISANCE-FREE PUBLIC EDUCATION 66 William and Mary Law Review 1003 (March, 2025) C1-2Table of Contents Introduction. 1004 I. Florida's Individual Freedom Act. 1011 II. Toward a Racial Nuisance in the Education of Black Students in Florida. 1013 Conclusion. 1018 2025  
Maureen Edobor THE RIGHT TO TRUTH 72 UCLA Law Review 962 (December, 2025) This Article argues that today's anti-CRT statutes, book bans, and divisive concepts laws are not isolated culture-war skirmishes but the latest chapter in a long campaign--dating back to the Lost Cause and the United Daughters of the Confederacy--to legislate white innocence as national identity. By sanitizing slavery, suppressing discussions of... 2025  
Michael Conklin THE ROLE OF RACE IN HOWARD LAW SCHOOL'S RANKING 56 Saint Mary's Law Journal 225 (2025) I. Introduction. 226 II. Law School Rankings. 229 III. Criticism of the Rankings. 232 IV. Howard University School of Law's Overall and Peer Law School Rankings. 237 V. Potential Explanations for Howard's Rankings Disparity. 239 A. Law School Location. 240 B. Exceptional Law Review. 241 C. Political Ideology Preference. 244 D. Promotional... 2025  
Justin Hansford THE SANKOFA PRINCIPLE IN PROTEST LAW 125 Columbia Law Review 1029 (June, 2025) The Columbia Law Review's Karl Llewellyn Lecture series celebrates pioneers in the law who have innovated and challenged legal theory. The second annual Lecture was delivered by Howard University School of Law Professor Justin Hansford on November 15, 2024, as the opening address at the Review's Symposium on the Law of Protest. A transcript of... 2025  
Mariam A. Hinds THE SHADOW DEFENDANTS 113 Georgetown Law Journal 823 (April, 2025) Although the overrepresentation of men, specifically Black men and men of color, in the criminal legal system is well documented, the people who support these men, especially women, have garnered less attention. Women who are proximate to system-involved men--mothers, grandmothers, sisters, daughters, girlfriends, and wives--are invisible actors in... 2025  
Paul J. Gudel THE SKEPTICISM OF CRITICAL LEGAL STUDIES AND THE FUNCTION OF MORAL DISCOURSE 24 University of New Hampshire Law Review 41 (December, 2025) ABSTRACT. This Article is a demonstration of the power, relevance, and moral seriousness of the jurisprudential movement known as Critical Legal Studies (CLS). It is also an attempt to point out and correct CLS' inherent flaws. CLS is a progressive movement in legal theory which intends not just to be descriptive but transformative. It is... 2025  
Henry F. Fradella THE SYSTEMATIC DEVALUATION OF LEGAL SCHOLARSHIP IN CRIMINOLOGY AND CRIMINAL JUSTICE 40 Touro Law Review 913 (2025) Certain bibliometrics have become important indicators of scholarly impact despite their many weaknesses. This Article presents data demonstrating the shortcomings of using citation counts and journal impact factors for law-based scholarship. Moreover, the Article argues that reliance on these flawed metrics is just one example of how scholars in... 2025  
Jade A. Craig THE TRAFFICANTE ROUTE: FAIR HOUSING LAW AND THE ROAD TO RACIAL RECONCILIATION 60 Wake Forest Law Review 821 (2025) This Article draws on the story of Trafficante v. Metropolitan Life Insurance Co., one of the earliest cases in which the U.S. Supreme Court interpreted the Fair Housing Act of 1968. Paul Trafficante, one of the plaintiffs, was a white tenant of a large apartment complex in San Francisco who discovered that the landlord was engaging in systematic... 2025  
Nicholas McKenna TO EDUCATE A MOCKINGBIRD: CALIFORNIA'S COMMITMENT TO INCLUSIVE EDUCATION 58 Loyola of Los Angeles Law Review 227 (Winter, 2025) Education in the United States has long been a battleground where state authority and individual liberties intersect, shaping what and how students learn. California enacted Assembly Bill 1078 (AB 1078) to counter restrictive trends on classroom discussions about race and gender. The bill mandates that instructional materials reflect the state's... 2025  
Cameron S. Kang , John M. Kang TOWARD A POLITICALLY NEUTRAL APPROACH TO K-12 PEDAGOGY 90 Missouri Law Review 821 (Summer, 2025) Professors Linda McClain and James Fleming have written an intellectually stimulating book manuscript, What Shall Be Orthodox in Polarized Times? It is a privilege to have been afforded access to an early iteration of the book and an opportunity to share our thoughts about it. We (with we and its related our and us denoting Cameron and... 2025  
Diego H. Alcalá Laboy TOWARDS A CRITICAL LEGAL TECH EDUCATION: A DECOLONIAL APPROACH 48 Seattle University Law Review Online 165 (22-Jun-25) C1-2Contents Introduction. 166 I. A Technological Contradiction. 166 II. Decolonial Theory. 170 A. Decolonial Theory & Technology Studies. 174 III. Law. 175 A. Decolonial Theory & The Law. 175 B. Technology & The Law. 176 IV. Creating Decolonial Law & Technology. 177 A. Colonizer/Colonized Framework. 178 B. Power from Below. 178 Conclusion. 179 2025  
1 2 3 4 5 6 7 8 9 10 11 12