| Riaz Tejani |
THE LIFE OF TRANSPLANTS: WHY LAW AND ECONOMICS HAS "SUCCEEDED" WHERE LEGAL ANTHROPOLOGY HAS NOT |
73 Alabama Law Review 733 (2022) |
Introduction. 734 I. Legal Anthropology. 735 A. Maine: Status to Contract. 736 B. Llewellyn and the UCC. 737 C. Legal Translation: The Gluckman-Bohannan Debate. 737 II. Law and Economics. 740 A. Risk-Utility Balancing. 741 B. Irrelevance and Social Cost. 742 III. The Life of Transplants. 744 A. The Culture of Neoliberalism. 746 B. The Seduction... |
2022 |
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| Neil Fulton |
THE MERITS OF MERIT: THE TYRANNY OF MERIT: WHAT'S BECOME OF THE COMMON GOOD? MICHAEL J. SANDEL. ALLEN LANE, 2020. 288 PP |
67 South Dakota Law Review 39 (2022) |
The idea of merit is hardwired into American consciousness more than almost any concept. It is generally accepted that the race is to the swift and that the cream rises to the top. This belief that the most talented achieve the most is paired with a widespread belief that anyone can rise to the top with enough effort and ability. The Horatio... |
2022 |
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| Etienne C. Toussaint |
THE MISEDUCATION OF PUBLIC CITIZENS |
29 Georgetown Journal on Poverty Law and Policy 287 (Spring, 2022) |
The American Bar Association Model Rules of Professional Conduct calls upon lawyers, as public citizens, to embrace a special responsibility for the quality of justice in the legal profession and in society. Yet, some law professors have historically adopted a formalistic and doctrinally neutral approach to law teaching that elides critical... |
2022 |
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| Shaun Ossei-Owusu |
THE NEW PENAL BUREAUCRATS |
170 University of Pennsylvania Law Review 1389 (June, 2022) |
Introduction. 1390 I. The Same Legal Problems. 1400 A. Criminal Legal Education and the Reproduction of Hierarchy. 1400 B. Law School Socialization. 1407 C. Demographics. 1413 II. The New Penal Bureaucrats. 1420 A. Generational Change in the Legal Profession. 1421 B. Prosecution Reimagined. 1426 C. Indigent Defense Rebooted. 1433 III. Provocation... |
2022 |
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| I. India Thusi |
THE PATHOLOGICAL WHITENESS OF PROSECUTION |
110 California Law Review 795 (June, 2022) |
Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship's focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention... |
2022 |
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| Luke P. Norris |
THE PROMISE AND PERILS OF PRIVATE ENFORCEMENT |
108 Virginia Law Review 1483 (November, 2022) |
A new crop of private enforcement suits is sprouting up across the country. These laws permit people to bring enforcement actions against those who aid or induce abortions, against schools that permit transgender students to use bathrooms consistent with their gender identities, and against schools that permit transgender students to play on sports... |
2022 |
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| Lauren Moxley Beatty |
THE RESURRECTION OF STATE NULLIFICATION--AND THE DEGRADATION OF CONSTITUTIONAL RIGHTS: SB8 AND THE BLUEPRINT FOR STATE COPYCAT LAWS |
111 Georgetown Law Journal Online 18 (2022) |
In Whole Woman's Health v. Jackson, the Supreme Court resurrected the zombie doctrine of nullification--and called into question the ability of our constitutional structure to effectively enforce the supremacy of federal rights. The case centered on Texas's Senate Bill 8 (SB8), which prohibits abortion at approximately six weeks of pregnancy. Texas... |
2022 |
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| Susan Bisom-Rapp |
THE ROLE OF LAW AND MYTH IN CREATING A WORKPLACE THAT 'LOOKS LIKE AMERICA' |
43 Berkeley Journal of Employment and Labor Law 251 (2022) |
Equal employment opportunity (EEO) law has played a poor role in incentivizing effective diversity, equity, and inclusion (DEI) and harassment prevention programming. In litigation and investigation, too many judges and regulators credit employers for maintaining policies and programs rather than requiring employers to embrace efforts that work.... |
2022 |
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| Raquel Muñiz , Maria Lewis , Grace Cavanaugh , Melissa Woolsey |
THE SOCIAL CONTEXT OF THE LAW: A CRITICAL ANALYSIS OF RELIANCE INTERESTS IN THE DEPARTMENT OF HOMELAND SECURITY v. REGENTS OF THE UNIVERSITY OF CALIFORNIA |
95 Southern California Law Review 857 (April, 2022) |
In 2020, the U.S. Supreme Court ruled on the Department of Homeland Security v. Regents of the University of California case. The case concerned the rescission of the Deferred Action for Childhood Arrivals (DACA) policy, an issue that sparked the interest of a wide range of amicus curiae, including those in support of the policy. Using Critical... |
2022 |
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| Ming Tanigawa-Lau |
THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS |
68 UCLA Law Review 1390 (January, 2022) |
To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... |
2022 |
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| Vania Blaiklock, Esq. |
THE UNINTENDED CONSEQUENCES OF THE COURT'S RELIGIOUS FREEDOM REVOLUTION: A HISTORY OF WHITE SUPREMACY AND PRIVATE CHRISTIAN CHURCH SCHOOLS |
117 Northwestern University Law Review Online 46 (26-Sep-22) |
Abstract--Although private church schools have historically received less attention than charter schools and other private nonsectarian schools in public discourse, in recent years, the Supreme Court's First Amendment jurisprudence has allowed private church schools to make great strides in achieving state funding. At a time where public education... |
2022 |
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| Prof. Sandra L. Rierson, Melanie H. Schwimmer |
THE WILMINGTON MASSACRE AND COUP OF 1898 AND THE SEARCH FOR RESTORATIVE JUSTICE |
14 Elon Law Review 117 (2022) |
I. Introduction. 118 II. North Carolina's Ethnic Cleansing: The Wilmington Massacre and Coup of 1898. 121 A. The Establishment and Rise of Wilmington. 122 B. Wilmington's Thriving Black Middle Class and the Ephemeral Success of Reconstruction. 124 C. White Backlash and Democrats' Plot to Overthrow the Fusionist Government. 128 D. Death and... |
2022 |
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| Deborah L. Brake |
THEORY MATTERS--AND TEN MORE THINGS I LEARNED FROM MARTHA CHAMALLAS ABOUT FEMINISM, LAW, AND GENDER |
83 Ohio State Law Journal 435 (2022) |
C1-2Table of Contents I. Introduction. 435 II. Feminism Is Plural. 437 III. Gender Is Intersectional. 442 IV. Gender Is Constructed and Gender Constructs. 444 V. Everything Old Becomes New Again. 446 VI. Nothing Is as Easy as It Seems. 450 VII. Gender Hides in Plain Sight. 457 VIII. It's the Institution, Stupid!. 459 IX. Mind the Gap. 462 X. Take... |
2022 |
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| Kimberlé Williams Crenshaw |
THIS IS NOT A DRILL: THE WAR AGAINST ANTIRACIST TEACHING IN AMERICA |
68 UCLA Law Review 1702 (February, 2022) |
On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and... |
2022 |
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| Dr. Angélica Guevara |
TO BE, OR NOT TO BE, WILL LONG COVID BE REASONABLY ACCOMMODATED IS THE QUESTION |
23 Minnesota Journal of Law, Science & Technology 253 (17-Feb-22) |
To be, or not to be, that is the reasonable accommodation question: whether Long COVID will be reasonably accommodated now that it is covered under disability antidiscrimination law. Some manifestations of Long COVID will certainly be considered disabilities under the Americans with Disabilities Act (ADA). However, even if it is considered a... |
2022 |
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| Khrystan Nicole Policarpio, Grecia Orozco |
TOGETHER BUT UNEQUAL: HOW THE COVID-19 PANDEMIC EXACERBATED THE INEQUITIES HARMING MINORITY LAW STUDENTS |
55 U.C. Davis Law Review Online 91 (May, 2022) |
C1-2Table of Contents Introduction. 93 I. The Law School Institutional Structure. 95 A. Law School Admissions Have Numerous Structural Hurdles for Minority Law Students. 96 1. LSAT. 96 2. Law School Rankings. 99 B. Law Schools Continue to Uphold White Supremacy in the Classroom. 101 C. Minority Law School Graduates Continue to Face Structural... |
2022 |
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| Brooke Zentmeyer |
TOWARDS A LORAXIAN PRAXIS: LESSONS FROM LEGAL HISTORY, LAKE ERIE, AND THE LORAX |
83 Ohio State Law Journal Online 1 (2022) |
C1-3Table of Contents I. Introduction. 1 II. Backstory on Rights of Nature Theory. 4 A. The Standing Requirement. 4 B. Rights of Nature Theory in Scholarship. 5 C. Reactions to Rights of Nature Theory. 6 III. Rights of Nature Re-Imagined. 8 A. Individual Rights. 8 B. Towards Collective Rights. 10 C. I am the river, and the river is me.. 10 IV.... |
2022 |
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| Medha D. Makhlouf |
TOWARDS RACIAL JUSTICE: THE ROLE OF MEDICAL-LEGAL PARTNERSHIPS |
50 Journal of Law, Medicine & Ethics 117 (Spring, 2022) |
Keywords: Medical-Legal Partnership, Health Equity, Structural Determinants of Health, Racism, Poverty Abstract: Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because... |
2022 |
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| Margaret Bushko |
TOXIC: A FEMINIST LEGAL THEORY APPROACH TO GUARDIANSHIP LAW REFORM |
81 Maryland Law Review Online 141 (2022) |
Anything that happened to me had to be approved by my dad .. The control he had over someone as powerful as me as he loved the control to hurt his own daughter, 100,000% .. I'm not happy. I can't sleep. I'm so angry. It's insane and I'm depressed. I cry every day. And the reason I'm telling you this is because I don't [know] how the state of... |
2022 |
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| Sandra L. Rierson |
TRACING THE ROOTS OF THE THIRTEENTH AMENDMENT |
91 UMKC Law Review 57 (Fall, 2022) |
The arc of the moral universe is long, but it bends towards justice. The quotation above belongs to Dr. Martin Luther King, Jr., who delivered the line several times, including during a speech given in Montgomery, Alabama, at the completion of a protest march that began in Selma. That march came to define the Civil Rights Movement, as Black... |
2022 |
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| Melvin J. Kelley IV |
TRADING PLACES OR CHANGING SPACES? AT THE CROSSROADS OF DEFINING AND REDRESSING SEGREGATION |
54 Connecticut Law Review 845 (July, 2022) |
Segregation rates have remained stagnant in many regions of the United States since the passage of the federal Fair Housing Act (FHA) in 1968 and experts expect them to increase in large metropolitan areas. Consequently, poor Blacks will be subjected to the extreme deprivation of group life chances that characterize racially and economically... |
2022 |
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| Alina Ball |
TRANSACTIONAL COMMUNITY LAWYERING |
94 Temple Law Review 397 (Spring, 2022) |
The racial reckoning during the summer of 2020 presented a renewed call to action for movement lawyers committed to collaborating with mobilized clients to advance racial equity and economic justice. During the last thirty years, community lawyering scholarship has made significant interventions into poverty lawyering and provides the theoretical... |
2022 |
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| J. Thomas Oldham , Paul M. Kurtz , Editors |
TRIBUTES TO FAMILY LAW SCHOLARS WHO HELPED US FIND OUR PATH |
55 Family Law Quarterly 341 (2021-2022) |
At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate,... |
2022 |
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| Philip T.K. Daniel, J.D., Ed.D. , Jeffrey C. Sun, J.D., Ph.D. |
TWO CASES, TWO DIFFERENT FREEDOMS: STUDENT FREE SPEECH THROUGH SOCIAL MEDIA AND THE RIGHTS OF MINORITIZED STUDENTS |
27 Texas Journal on Civil Liberties & Civil Rights 179 (Spring, 2022) |
Introduction. 179 I. Balancing Student Free Speech And Maintaining Order In Schools. 183 II. The Limits Of Freedom On Minoritized Students. 186 III. When Language Is Considered A Threat. 190 A. Discerning An Actual Threat. 191 B. Applying The True Threat Inquiry To Bell. 196 IV. Evaluating Speech With A Liberating Systems Lens. 201 A. Accounting... |
2022 |
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| Sarah H. Lorr |
UNACCOMMODATED: HOW THE ADA FAILS PARENTS |
110 California Law Review 1315 (August, 2022) |
In 1990, Congress passed the Americans with Disabilities Act (ADA) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Thirty years after this landmark law, discrimination and ingrained prejudices against individuals with intellectual disabilities--especially poor... |
2022 |
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| Michal Buchhandler-Raphael |
UNDERPROSECUTION TOO |
56 University of Richmond Law Review 409 (Winter, 2022) |
First, they refused to believe me. Then they shamed me. Then they silenced me. In 2016, Donna Doe, a nineteen-year-old student at Baylor University in Waco, Texas, attended a party at the school's fraternity chapter of Phi Delta Theta. She claimed that after she had drunk some punch and felt woozy, Jacob Anderson, who was at that time the... |
2022 |
|
| Justin (Gus) Hurwitz |
WHAT IS A LAW AND POLITICAL ECONOMY MOVEMENT WITHOUT LAW AND ECONOMICS OR POLITICAL ECONOMY? |
17 Journal of Law, Economics & Policy 773 (Fall-Winter 2022) |
The Law and Political Economy (LPE) project is an initiative at Yale Law School that brings together a network of scholars, practitioners, and students working to develop innovative intellectual, pedagogical, and political interventions to advance the study of political economy and law. Since 2017, it has led to the establishment of the Journal... |
2022 |
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| Sonia M. Gipson Rankin |
WHAT'S (RACE IN) THE LAW GOT TO DO WITH IT: INCORPORATING RACE IN LEGAL CURRICULUM |
54 Connecticut Law Review 923 (July, 2022) |
Gen Z is defined as including persons born after 1996 and, in 2018, the first Gen Z would have been twenty-two years old, the historically traditional age that many complete undergraduate studies and enter law school. With Gen Z entering law schools, the legal academy has been wholeheartedly preparing for the arrival of the first truly digital... |
2022 |
|
| Derek W. Black |
WHEN RELIGION AND THE PUBLIC-EDUCATION MISSION COLLIDE |
132 Yale Law Journal Forum 559 (17-Nov-22) |
abstract. The Supreme Court has chosen education as a primary stomping ground for rewriting Free Exercise Clause doctrine. Two decades ago, a divided Court gave states the option to fund religious education. Recent cases invert that analysis. Now a solid majority mandates that states fund religious schools any time they fund other private schools.... |
2022 |
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| Christian Powell Sundquist |
WHITE VIGILANTISM AND THE RACISM OF RACE-NEUTRALITY |
99 Denver Law Review 763 (Summer, 2022) |
Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This... |
2022 |
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| Cedric Merlin Powell |
WOKE? |
25 Green Bag 123 (Winter, 2022) |
Conflating the whitelash against anti-racist activism and policy advocacy with a reverse racism conceit ripe with the fervor of a new religion, John McWhorter, Columbia University linguist and social commentator, unearths a new Black pathology-- Woke Racism--a religion of wokeness that threatens to betray Black America. America is in the looking... |
2022 |
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| Bridget J. Crawford , Emily Gold Waldman , Naomi R. Cahn |
WORKING THROUGH MENOPAUSE |
99 Washington University Law Review 1531 (2022) |
There are over thirty million people ages forty-four to fifty-five in the civilian labor force in the United States, but the law and legal scholarship are largely silent about a health condition that approximately half of those workers will inevitably experience. Both in the United States and elsewhere, menopause remains mostly a taboo topic... |
2022 |
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| H. Timothy Lovelace, Jr. |
XENOPHOBIC CONSPIRACY THEORIES AND THE LONG ROOTS OF JANUARY SIXTH |
85 Law and Contemporary Problems 19 (2022) |
On January 6, 2021, insurrectionists stormed the U.S. Capitol. The insurrectionists supported President Donald Trump's false claims that the 2020 presidential election was stolen through election fraud. One of the central claims underlying what white nationalists called the Stop the Steal campaign was that foreign voting companies manipulated the... |
2022 |
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| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
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| Subini Ancy Annamma , Jamelia Morgan |
YOUTH INCARCERATION AND ABOLITION |
45 New York University Review of Law and Social Change 471 (2022) |
The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in summer 2020, has... |
2022 |
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| Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell Law Review 171 (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
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| Leslie Patrice Culver |
(UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY |
21 Nevada Law Journal 655 (Spring, 2021) |
IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... |
2021 |
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| Ediberto Román , Ernesto Sagás |
A DOMESTIC REIGN OF TERROR: DONALD TRUMP'S FAMILY SEPARATION POLICY |
24 Harvard Latinx Law Review 65 (Spring, 2021) |
Family separation has the dubious distinction of being the most odious measure amongst Donald Trump's draconian anti-immigrant immigration policies. The policy was introduced by the Trump administration as a way to broadly deter would-be immigrants and asylum seekers by instilling in them the fear of being separated from their children. After its... |
2021 |
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| Portia Pedro |
A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE |
107 Virginia Law Review Online 143 (June, 2021) |
In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... |
2021 |
|
| D Dangaran |
ABOLITION AS LODESTAR: RETHINKING PRISON REFORM FROM A TRANS PERSPECTIVE |
44 Harvard Journal of Law & Gender 161 (Winter, 2021) |
Given the disproportionate violence trans people in prison experience, flooding the legal system with litigation to create change for individual plaintiffs is only a stopgap measure. A better remedy to uproot the harm is to keep trans people out of prison entirely. The first claim of this Note is that prisons are inherently more violent for trans... |
2021 |
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| Richard Delgado , Jean Stefancic |
AGAINST EQUALITY: A CRITICAL ESSAY FOR THE NAACP AND OTHERS |
48 Hastings Constitutional Law Quarterly 235 (Winter, 2021) |
C1-2Table of Contents Introduction. 236 I. Structural Hurdles. 240 A. Forms of Treatment Unique to One Group. 240 B. Neglecting the Frame or Field. 242 1. Tucson School Controversy. 242 2. Brown v. Board of Education. 244 3. Immigration and Deportation. 245 II. Conceptual Limits on Enforcing Decrees. 245 A. Disbelief. 245 B. Colorblindness. 247 C.... |
2021 |
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| Jessica K. Heldman, JD , Hon. Geoffrey A. Gaither |
AN EXAMINATION OF RACISM AND RACIAL DISCRIMINATION IMPACTING DUAL STATUS YOUTH |
42 Children's Legal Rights Journal 21 (2021) |
Not everything that is faced can be changed; but nothing can be changed until it is faced. - James Baldwin Racial disproportionality and disparity have long been characteristic of both the child welfare and youth justice systems. Discriminatory policies and practices present at the origin of these systems continue to plague children, families, and... |
2021 |
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| Vasuki Nesiah |
AN UN-AMERICAN STORY OF THE AMERICAN EMPIRE: SMALL PLACES, FROM THE MISSISSIPPI TO THE INDIAN OCEAN |
67 UCLA Law Review 1450 (April, 2021) |
This intervention gestures to histories of American empire from a perspective born outside America's shores--in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we... |
2021 |
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| Luke A. Boso |
ANTI-LGBT FREE SPEECH AND GROUP SUBORDINATION |
63 Arizona Law Review 341 (Summer, 2021) |
This Article is about the tension between liberty and equality. It examines this tension in the context of disputes over free speech and LGBT rights. In the modern Civil Rights Era, the social and legal climate has become increasingly intolerant of bullying, embraced liberal sexual and gender norms, and sought to institute formal equality for... |
2021 |
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| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
|
| Vidhaath Sripathi |
BARS BEHIND BARS: RAP LYRICS, CHARACTER EVIDENCE, AND STATE v. SKINNER |
24 Journal of Gender, Race and Justice 207 (Spring, 2021) |
I. Introduction. 207 II. Background. 209 A. History and Development of Rap Music in Popular Culture. 210 1. Origins of Rap and Hip-Hop Music. 211 2. Gangsta Rap and Hip-Hop's Commercial Success. 213 3. Censorship of Rap Music. 214 4. Rap as Mainstream--The Most Popular Genre in the Country. 216 5. Existing Racial and Cultural Perceptions of Rap... |
2021 |
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| Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
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| Fahim A. Gulamali |
CIRCUMSCRIBING THE RIGHT TO BEAR ARMS: THE SECOND AMENDMENT, GUN VIOLENCE, AND GUN CONTROL IN CALIFORNIA AND MISSISSIPPI |
28 University of Miami International and Comparative Law Review 405 (Spring, 2021) |
The United States occupies a unique position amongst countries around the world when it comes to gun rights. While the United States is one of three countries that provides its people the constitutional right to bear arms, it is the only country that has more guns per capita than residents. Further, because of the saturation of guns in the United... |
2021 |
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| Linda C. McClain , James E. Fleming |
CIVIC EDUCATION IN CIRCUMSTANCES OF CONSTITUTIONAL ROT AND STRONG POLARIZATION |
101 Boston University Law Review 1771 (October, 2021) |
This Essay argues that civic education is crucial to remedying what Jack Balkin, in The Cycles of Constitutional Time, diagnoses as constitutional rot in the United States. A twenty-first century civic education must meet challenges of polarization and growing diversity and inequality and equip people for forms of democratic participation... |
2021 |
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| Joonu-Noel Andrews Coste |
COVID-19, HEALTH JUSTICE, AND THE PRIVILEGE OF SPACE: A NEW CRITICAL INTERSECTIONAL FRAMEWORK FOR CREATING A PRESCRIPTION FOR EQUAL WELL-BEING AND APPLIED TO ADDRESSING HEALTH OF CHILDREN RESIDING IN PSYCHIATRIC INSTITUTIONS |
43 Campbell Law Review 309 (Spring, 2021) |
When day comes we ask ourselves, / where can we find light in this never-ending shade? / The loss we carry, / a sea we must wade / We've braved the belly of the beast / We've learned that quiet isn't always peace / And the norms and notions / of what just is / Isn't always justice / And yet the dawn is ours / before we knew it / Somehow we do it /... |
2021 |
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