AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Laila L. Hlass , Lindsay M. Harris CRITICAL INTERVIEWING 2021 Utah Law Review 683 (2021) Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... 2021  
Justin Desautels-Stein, Akbar Rasulov DEEP CUTS: FOUR CRITIQUES OF LEGAL IDEOLOGY 31 Yale Journal of Law & the Humanities 435 (Winter, 2021) This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics,... 2021  
Nicholas Loh DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY 48 Fordham Urban Law Journal 1331 (October, 2021) Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... 2021  
Nancy Leong ENJOYED BY WHITE CITIZENS 109 Georgetown Law Journal 1421 (June, 2021) Whiteness is invisible in American law. The U.S. Constitution never mentions white people. Indeed, the entirety of constitutional and statutory law, at both the federal and state level, includes only two antidiscrimination statutes that refer explicitly to white people. These Reconstructionera statutes--42 U.S.C. § 1981 and § 1982--declare that all... 2021  
Aina N. Watkins EXECUTIVE ORDER 13950, ON COMBATING RACE AND SEX STEREOTYPING: ITS EFFECT ON GOVERNMENT CONTRACTORS' USE OF DIVERSITY TRAINING 56-FALL Procurement Lawyer 10 (Fall, 2021) In 2020, President Donald Trump issued an executive order that barred federal agencies from conducting diversity training focusing on anti-racism in the United States; the order came after the debut of the 1619 Project (a critical retrospective on race history in the United States), and in the aftermath of a surge in the Black Lives Matter... 2021  
Quintin Chatman FIGHTING FOR JUSTICE IN A DIVIDED WORLD 45-JUL Champion 42 (July, 2021) How do the racial problems in the criminal legal system impact the dynamics of the lawyer-client relationship? Three zealous advocates share their views. With feet planted firmly and with a line drawn in the sand, criminal defense lawyers stand between clients and the power of the government. While bar associations like NACDL have the luxury of... 2021  
Eric K. Yamamoto , Susan K. Serrano FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE 92 University of Colorado Law Review 1383 (Special Issue 2021) Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... 2021  
Norrinda Brown Hayat FREEDOM PEDAGOGY: TOWARD TEACHING ANTIRACIST CLINICS 28 Clinical Law Review 149 (Fall, 2021) Like other sectors of society, legal education is undergoing a reckoning in the wake of the 2020 murder of George Floyd, demands for racial justice from the Movement for Black Lives, and related demands for abolitionism and defunding the police. Through the lens of a formal call to action issued by the Rutgers Law School faculty and the author's... 2021  
Renee Nicole Allen FROM ACADEMIC FREEDOM TO CANCEL CULTURE: SILENCING BLACK WOMEN IN THE LEGAL ACADEMY 68 UCLA Law Review 364 (August, 2021) In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another's scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories... 2021  
Ama Ruth Francis GLOBAL SOUTHERNERS IN THE NORTH 93 Temple Law Review 689 (Summer, 2021) Third World Approaches to International Law (TWAIL) scholarship contends that international law privileges nation-states in the Global North over those in the Global South. The literature primarily draws on a Westphalian conception of the North-South divide in analyzing asymmetrical issues of power in the global political economy. Given the... 2021  
Richard Ashby Wilson, Molly K. Land HATE SPEECH ON SOCIAL MEDIA: CONTENT MODERATION IN CONTEXT 52 Connecticut Law Review 1029 (February, 2021) For all practical purposes, the policy of social media companies to suppress hate speech on their platforms means that the longstanding debate in the United States about whether to limit hate speech in the public square has been resolved in favor of vigorous regulation. Nonetheless, revisiting these debates provides insights essential for... 2021  
Daniel Ortner IN THE NAME OF DIVERSITY: WHY MANDATORY DIVERSITY STATEMENTS VIOLATE THE FIRST AMENDMENT AND REDUCE INTELLECTUAL DIVERSITY IN ACADEMIA 70 Catholic University Law Review 515 (Fall, 2021) I. History of Professorial First Amendment Protection. 520 A. Foundational Supreme Court Precedent. 520 B. The Pickering Test. 529 C. Protection of Faculty Speech under Pickering. 531 1. Classroom Speech. 531 2. Academic Research. 533 3. Extramural Speech. 535 D. Garcetti. 537 E. The Circuit Split over Garcetti. 539 1. Courts Applying Garcetti. 539... 2021  
Elizabeth S. Anker , Justin Desautels-Stein INTRODUCTION TO THE SYMPOSIUM: THE STAKES FOR CRITICAL LEGAL THEORY 92 University of Colorado Law Review 945 (Fall, 2021) On September 17, 2020, Donald Trump spoke at the socalled White House Conference on American History. The conference mission, Trump explained, was to clear away the twisted web of lies propagated by the left. As Trump saw it, the problem wasn't only that left-wing mobs have torn down statutes of our founders, desecrated our memorials, and... 2021  
David A. Grenardo IT'S WORTH A SHOT: CAN SPORTS COMBAT RACISM IN THE UNITED STATES? 12 Harvard Journal of Sports & Entertainment Law 237 (Spring, 2021) Racism has stained this country throughout its history, and racism persists today in the United States, including in sports. Sports represent a reflection of society and its ills, but they can also provide a powerful means to combat racism. This article examines the state of racism in society and sports both historically and today. It also provides... 2021  
Susan Azyndar , Susan David deMaine KEEPING UP WITH NEW LEGAL TITLES 113 Law Library Journal 217 (Summer, 2021) Coughlin, Christine, Sandy Patrick, Matthew Houston, and Elizabeth McCurry Johnson. Modern Legal Scholarship: A Guide to Producing and Publishing Scholarly and Professional Writing. Durham, N.C.: Carolina Academic Press, 2020. 250p. $41. Reviewed by Katie Brown ¶1 Modern Legal Scholarship: A Guide to Producing and Publishing Scholarly and... 2021  
Mary Louise Frampton LAW SCHOOL DESIGN FROM A CRITICAL RACE PERSPECTIVE: THE GENESIS OF THE CHARRETTE 25 U.C. Davis Social Justice Law Review 53 (Summer, 2021) Crises often enable us to see the world in a different light and to talk more honestly about painful subjects. COVID-19 has been a calamity that has sown death and despair, distrust, and division, but it has also created the opportunity for this generation of Americans to see how racial hierarchy infects everything. For those who could previously... 2021  
Distinguished Panelists LAW, SOCIAL JUSTICE, WOKENESS AND THE PROTESTS: WHERE DO WE GO FROM HERE? 33 Regent University Law Review 315 (2020-2021) Hon. Kenneth Lee: Good morning, or good afternoon, wherever you may be. My name is Ken Lee, and I sit on the U.S. Court of Appeals for the Ninth Circuit. I will be moderating the first showcase panel, Law, Social Justice, Wokeness and the Protests: Where Do We Go From Here? This is obviously a very timely topic, and today we are privileged to... 2021  
Brigitte Meyer LAWYERING IN THE AGE OF LYNCHING 13 Northeastern University Law Review 389 (May, 2021) The following article engages critically with issues of racism and racial terror and includes descriptions of violent and traumatic events. This content has the potential to be difficult and/or acutely affect our readers. Throughout this article, racial slurs used in historical primary sources were redacted or replaced. The Law Review and the... 2021  
Nicholas Mignanelli LEGAL RESEARCH AND ITS DISCONTENTS: A BIBLIOGRAPHIC ESSAY ON CRITICAL APPROACHES TO LEGAL RESEARCH 113 Law Library Journal 101 (Spring, 2021) What is Critical Legal Research? What is critical about critical legal information literacy? What is a critical law librarian, and what must one do to be one? This bibliographic essay attempts to answer these questions in the course of providing a comprehensive introduction to the history, literature, and practices found at the intersection of... 2021  
Kevin E. Davis LEGAL RESPONSES TO BLACK SUBORDINATION, GLOBAL PERSPECTIVES 134 Harvard Law Review Forum 359 (June 1, 2021) [I]n order to win and bring as many people with us along the way, we must move beyond the narrow nationalism that is all too prevalent in Black communities. --Black Lives Matter Around the world, people of African descent (Afro-descendants)--to use one of the broadest possible definitions of Blackness--are overrepresented among the poor and... 2021  
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