Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Justin Hansford |
THE FIRST AMENDMENT FREEDOM OF ASSEMBLY AS A RACIAL PROJECT |
127 Yale Law Journal Forum 685 (January 20, 2018) |
ABSTRACT. Beginning with the author's own experience of being arrested as a legal observer during a 2014 protest in Ferguson, Missouri, this Essay explores the fragile protection provided by the freedom of assembly for those who fight for racial justice. The Essay rejects free speech proponents' reliance on the First Amendment's ostensibly... |
2018 |
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William E. Nelson |
THE IMPORTANCE OF SCHOLARSHIP TO LAW SCHOOL EXCELLENCE |
87 Fordham Law Review 939 (December, 2018) |
As we have learned from Dan Coquillette, Bob Kaczorowski, and John Sexton, access to substantial funding is undoubtedly a prerequisite for a law school to enjoy excellence. Funding, that is, is a necessary, but not sufficient condition for excellence. Something else-- intellectual vision--is also required. In the 1930s, Fordham University School of... |
2018 |
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Freya Irani |
THE PRODUCTION OF FEELING AND THE REPRODUCTION OF PRIVILEGE: EXPECTATION, AFFECT, AND INTERNATIONAL INVESTMENT LAW |
65 UCLA Law Review Discourse 158 (2018) |
In the last twenty years, the concept of legitimate expectations has come to play a very prominent role in international investment treaty-based arbitration, as arbitral tribunals have required states to compensate investors for taking measures that allegedly interfere with, or for failing to take measures that protect, such investors' legitimate... |
2018 |
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Cedric Merlin Powell |
THE STRUCTURAL DIMENSIONS OF RACE: LOCK UPS, SYSTEMIC CHOKEHOLDS, AND BINARY DISRUPTIONS |
57 University of Louisville Law Review 7 (2018) |
Disrupting traditional conceptions of structural inequality, state decision-making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman Jr.'s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler's evocative and transformative book, Chokehold. While both books grapple... |
2018 |
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John Bennett |
THE TOTALITARIAN IDEOLOGICAL ORIGINS OF HATE SPEECH REGULATION |
46 Capital University Law Review 23 (Winter, 2018) |
Obviously, political correctness is a strategy of intimidation in the struggle for intellectual and educational power. - Arthur Schlesinger, Jr., historian and special assistant to John F. Kennedy For many members of the former Marxist left, the death of Communism has been replaced equally fervidly with advocacy of the new Pc. - Ronald Radosh,... |
2018 |
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Samia E. McCall |
THINKING OUTSIDE OF THE RACE BOXES: A TWO-PRONGED APPROACH TO FURTHER DIVERSITY AND DECREASE BIAS |
2018 Brigham Young University Education and Law Journal 23 (2018) |
Diverse perspectives and experiences are central to academic quality because they expand creative thought and analysis, test unexamined assumptions, challenge accepted truths, and broaden understanding of ourselves and our world .. - Reverend Paul L. Locatelli In spite of increases in diversity across university campuses nationwide, American... |
2018 |
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Amna A. Akbar |
TOWARD A RADICAL IMAGINATION OF LAW |
93 New York University Law Review 405 (June, 2018) |
In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... |
2018 |
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Edwin Lindo , Brenda Williams , Marc-Tizoc González |
UNCOMPROMISING HUNGER FOR JUSTICE: RESISTANCE, SACRIFICE, AND LATCRIT THEORY |
16 Seattle Journal for Social Justice 727 (Spring, 2018) |
Introduction. 730 I. Brenda Williams, Silence as a Precursor. 732 A. The Frisco 5 Hunger Strike for Justice. 738 B. Collecting the Facts of Injustice in San Francisco. 741 C. From Silence to Action. 744 D. Justicia: From the Background to the Center of Dialogue. 747 II. Edwin Lindo--Justicia y Sacraficio (Justice and Sacrifice). 751 A. Four... |
2018 |
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UNITING LEGAL FORCES IN THE FIGHT AGAINST SB4 |
25 Texas Hispanic Journal of Law and Policy 67 (Fall, 2018) |
Speakers: David Hinojojosa, National Director of Policy, Intercultural Development Research Association (IDRA); Shavonne Henderson, Assistant Director of Policy Research, Institute for Urban Policy Research and Analysis at the University of Texas; Jaqueline L. Watson, Partner, Walker Gates-Vela, PLLC. Moderator: Andrea Crespo, THJ Co-Symposium... |
2018 |
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Mario L. Barnes, Erwin Chemerinsky |
WHAT CAN BROWN DO FOR YOU?: ADDRESSING MCCLESKEY v. KEMP AS A FLAWED STANDARD FOR MEASURING THE CONSTITUTIONALLY SIGNIFICANT RISK OF RACE BIAS |
112 Northwestern University Law Review 1293 (2018) |
Abstract--This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court's opinion reinforced the cramped understanding that constitutional claims require evidence of... |
2018 |
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Tayyab Mahmud |
WHAT'S NEXT? COUNTER-STORIES AND THEORIZING RESISTANCE |
16 Seattle Journal for Social Justice 607 (Spring, 2018) |
Getting its history wrong is part of being a nation. [I]n human history there is always something beyond the reach of dominating systems, no matter how deeply they saturate society, and this is what makes change possible. First of all, epistemological decolonization, as de-coloniality, is needed to clear the way for new intercultural communication,... |
2018 |
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Steven W. Bender , Francisco Valdes , Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona |
WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
16 Seattle Journal for Social Justice 823 (Spring, 2018) |
Two decades and two years later, the larger riptides of contemporary social and political events continue to shape the substance, direction, and prospects of our shared work as activist scholars. Having acknowledged the complex connections between our programmatic work and history's contested arc throughout this time, we should not be surprised now... |
2018 |
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Darren Lenard Hutchinson |
WHO LOCKED US UP? EXAMINING THE SOCIAL MEANING OF BLACK PUNITIVENESS: LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA: BY JAMES FORMAN, JR. FARRAR, STRAUS AND GIROUX, 2017 |
127 Yale Law Journal 2388 (June, 2018) |
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... |
2018 |
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Martha Chamallas |
WILL TORT LAW HAVE ITS #ME TOO MOMENT? |
11 Journal of Tort Law 39 (March, 2018) |
https://doi.org/10.1515/jtl-2018-0008 Published online August 28, 2018 Abstract: Using tort law's treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine.... |
2018 |
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Vinay Harpalani |
"SAFE SPACES" AND THE EDUCATIONAL BENEFITS OF DIVERSITY |
13 Duke Journal of Constitutional Law & Public Policy 117 (Fall, 2017) |
Introduction. 118 I. Safe Spaces: An Overview. 123 A. Origins of Safe Spaces. 125 B. Safe Spaces as Support Mechanisms for Minority Students. 127 1. Feelings of Isolation Among Minority Students. 128 2. Safe Spaces to Mitigate Feelings of Isolation. 130 3. Safe Spaces as Home Bases. 132 II. Safe Spaces and Balkanization: Myths and Realities.... |
2017 |
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Martina Cartwright , Thelma Harmon |
#BLACKLAWYERSMATTER: THE IMPORTANCE OF PRO BONO INITIATIVES AND EXPERIENTIAL OPPORTUNITIES AT HISTORICALLY BLACK COLLEGE AND UNIVERSITY LAW SCHOOLS IN PREPARING A NEW GENERATION OF SOCIAL ENGINEERS |
18 Florida Coastal Law Review 315 (Summer, 2017) |
The black college is an example of an institution that has experimented with different ways of involving students in relevant community experience. For unto whomsoever much is given, of him shall be much required; and to whom men have committed much, of him they will ask the more. In 2015, the British newspaper, The Guardian, published an... |
2017 |
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Karen E. Bravo |
A TRIBUTE TO HOPE LEWIS |
46 Georgia Journal of International and Comparative Law 135 (Fall, 2017) |
Thanks to Diane Marie Amann and Jaya Ramji-Nogales, and other members of the organizing committee of this gathering, for the invitation to recognize the loss of our IntLawGrrls colleagues, and for giving me the opportunity to honor Hope Lewis. In the last ten years, IntLawGrrls has welcomed nearly 500 women, and several men, as contributors. Some... |
2017 |
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Harvey Gee |
ASIAN AMERICANS AND THE LAW: SHARING A PROGRESSIVE CIVIL RIGHTS AGENDA DURING UNCERTAIN TIMES |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
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Scott B. Astrada , Marvin L. Astrada |
BEING LATINO IN THE 21ST CENTURY: REEXAMINING POLITICIZED IDENTITY & THE PROBLEM OF REPRESENTATION |
20 University of Pennsylvania Journal of Law and Social Change 245 (2017) |
INTRODUCTION. 245 I. THE POLITICIZED LATINO IN LEGAL & POLITICAL DISCOURSE. 247 A. Problematizing Latino Identity: Exploring the Tensions Betwixt Identity, Discourse & Representation. 247 B. Beyond the Law: Critically Examining Latino Identity in the Larger Political Context. 250 C. Complicating Representation: Identity & Demographics. 252 II.... |
2017 |
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Kevin Brown |
BENEFITING FROM BREAKING THE COLOR BARRIER: TRIBUTE TO PROFESSOR RICHARDSON FOR BEING THE PIONEER AT INDIANA UNIVERSITY MAURER SCHOOL OF LAW |
31 Temple International and Comparative Law Journal 371 (Spring, 2017) |
I don't know Professor Henry Richardson III well. He wasn't a professor of mine. We have never been on the same faculty together and I can only recall a couple of conferences where we both participated. So I don't count him as an important mentor of mine. His areas of research are different from mine. So, I can't say that his scholarship has... |
2017 |
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Tammy Hodo |
BLACK SCHOLARS SPEAK ABOUT DIVERSITY--OR THE LACK THEREOF--IN ACADEMIA |
18 Florida Coastal Law Review 367 (Summer, 2017) |
Experiences have told me that some of these systems of racism are permanent. I don't think they'll change in my lifetime, I really don't. I think things may gradually get better. Gradually, but we always have to be working together aggressively in that direction. I mean one thing black folks have and other people of color, we got hope. That is... |
2017 |
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Margaret Hu |
CRIMMIGRATION-COUNTERTERRORISM |
2017 Wisconsin Law Review 955 (2017) |
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically-driven screening technologies can be better understood through the analytical prism of crimmigration-counterterrorism: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced... |
2017 |
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Eric K. Yamamoto |
CRITICAL PROCEDURE: ADR AND THE JUSTICES' "SECOND WAVE" CONSTRICTION OF COURT ACCESS AND CLAIM DEVELOPMENT |
70 SMU Law Review 765 (Fall, 2017) |
Expansive alternative dispute resolution (ADR) was the centerpiece of efficiency-based procedural reforms in the 1980s and early 1990s. ADR and other reforms collectively altered the litigation landscape, at times for the better. Yet some scholars raised early questions about ADR's effect on systemic litigation fairness and the ability of the... |
2017 |
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Stephen B. Presser |
DO LAW PROFESSORS REALLY UNDERSTAND AMERICAN LAW? |
43 Ohio Northern University Law Review 373 (2017) |
On February 16, 2017, I was privileged to give the 2017 Dean's Lecture at the Pettit College of Law at Ohio Northern University. I chose as my topic the two variant approaches to private and Constitutional law prominent in the legal academy over the last few decades, the subject of my recently-published book, Law Professors: Three Centuries of... |
2017 |
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Lucy Gubernick |
ERASING THE MARK OF CAIN: AN EMPIRICAL ANALYSIS OF THE EFFECT OF BAN-THE-BOX LEGISLATION ON THE EMPLOYMENT OUTCOMES OF PEOPLE OF COLOR WITH CRIMINAL RECORDS |
44 Fordham Urban Law Journal 1153 (August, 2017) |
Criminals, it turns out, are the one social group in America we have permission to hate. --Michelle Alexander C1-2Table of Contents Introduction. 1154 I. Why Are Governments Banning the Box?. 1157 A. Criminal Records in the Labor Market. 1157 II. The Negative Credential and Race. 1164 A. The Legal History That Gave Rise to the Need for States to... |
2017 |
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Caroline Mala Corbin |
ESSAY: TERRORISTS ARE ALWAYS MUSLIM BUT NEVER WHITE: AT THE INTERSECTION OF CRITICAL RACE THEORY AND PROPAGANDA |
86 Fordham Law Review 455 (November, 2017) |
When you hear the word terrorist, who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that terrorists are always (brown)... |
2017 |
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Steven L. Nelson , Alison C. Tyler |
EXAMINING PENNSYLVANIA HUMAN RELATIONS COMMISSION v. SCHOOL DISTRICT OF PHILADELPHIA: CONSIDERING HOW THE SUPREME COURT'S WANING SUPPORT OF SCHOOL DESEGREGATION AFFECTED DESEGREGATION EFFORTS BASED ON STATE LAW |
40 Seattle University Law Review 1049 (Spring, 2017) |
This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court's handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school... |
2017 |
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Michelle Page |
FORGOTTEN YOUTH: HOMELESS LGBT YOUTH OF COLOR AND THE RUNAWAY AND HOMELESS YOUTH ACT |
12 Northwestern Journal of Law & Social Policy 17 (Winter, 2017) |
Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness, but it does provide services and programs specifically designed to aid homeless youth. It has... |
2017 |
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Richard Delgado , Jean Stefancic |
FOUR IRONIES OF CAMPUS CLIMATE |
101 Minnesota Law Review 1919 (May, 2017) |
One of the central issues in the campus-climate controversy is hate speech, including verbal microaggressions. Although the controversy encompasses many other issues--such as safe spaces, trigger warnings by classroom teachers, curricular coverage of topics of particular interest to minorities, fraternity parties that feature blackface or other... |
2017 |
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Adrien Katherine Wing |
HENRY J. RICHARDSON III: A CRITICAL RACE MAN |
31 Temple International and Comparative Law Journal 377 (Spring, 2017) |
I knew Henry Richardson before I knew myself. I knew Henry Richardson before I knew there was a Henry Richardson. What can I possibly mean by these seemingly nonsensical statements? In the early 1960s, my father Dr. John E. Wing Jr. and my mother Katherine P. Wing moved with our family of three tiny children from Los Angeles, California to... |
2017 |
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James T. Gathii |
HENRY J. RICHARDSON III: THE FATHER OF BLACK TRADITIONS OF INTERNATIONAL LAW |
31 Temple International and Comparative Law Journal 325 (Spring, 2017) |
Without any doubt, Professor Henry J. Richardson III is the father of Black traditions of international law. Before he came along, the voices, perspectives, and concerns of Blacks in particular, and other subordinated groups around the globe in general, were missing in international legal scholarship as well as in the leading societies of the... |
2017 |
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Taifha N. Baker |
HOW TOP LAW SCHOOLS CAN RESUSCITATE AN INCLUSIVE CLIMATE FOR MINORITY AND LOW-INCOME LAW STUDENTS |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 123 (Fall, 2017) |
Diversity is being invited to the party. Inclusion is being asked to dance. --Vernâ Myers, Esq., TED Talk presenter, nationally-recognized diversity expert specializing in law school and law firm diversity trainings, and Principal of Vernâ Myers Consulting Group, LLC. C1-3Table of Contents L1-2Introduction . L3124 I. Defining Terms: Minority and... |
2017 |
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Rebekah Joab |
INCARCERATING NATIVE AMERICAN YOUTH IN FEDERAL BUREAU OF PRISONS FACILITIES: THE PROBLEM WITH FEDERAL JURISDICTION OVER NATIVE YOUTH UNDER THE MAJOR CRIMES ACT |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 155 (Fall, 2017) |
Within the context of the United States system of incarceration, there is a growing consensus upon which both sides of the political spectrum can agree: there are far too many people in American prisons. It is well known that minority populations are overrepresented within the criminal justice system. Many scholars trace the current state of... |
2017 |
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Anthony V. Alfieri |
INNER-CITY ANTI-POVERTY CAMPAIGNS |
64 UCLA Law Review 1374 (December, 2017) |
This Article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal... |
2017 |
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Licia Carlson |
INTELLIGENCE, DISABILITY, AND RACE: INTERSECTIONS AND CRITICAL QUESTIONS |
43 American Journal of Law & Medicine 257 (2017) |
Historically, many theories of racial inferiority have been articulated in terms of intellectual and cognitive incapacity; at the same time, many definitions and categories of intellectual disability bear the mark of racist ideologies and racialized notions of disease, including genetic, biological, anatomical, and physiological abnormalities. As a... |
2017 |
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Melvin J. Kelley IV |
INTERPRETING EQUAL PROTECTION CLAUSE JURISPRUDENCE UNDER THE WHITENESS-BELL CURVE: HOW DIVERSITY HAS OVERTAKEN EQUITY IN EDUCATION |
21 Journal of Gender, Race and Justice 135 (Winter 2017) |
Racial inequities in educational opportunities persist despite decades of race-based affirmative action policies pursuing integration and diversity. The late Professor Derrick Bell long argued that the Equal Protection Clause of the Fourteenth Amendment, standing alone, would not provide racial equality for Blacks. His conclusion was premised on... |
2017 |
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Aubrey Coffey-Urban |
INTERSECTIONALITY, DIVERSITY AND THE LEGAL PROFESSION |
53-APR Arizona Attorney 38 (April, 2017) |
As I sit and talk with my mom about my experience at the Women's March in Phoenix, I realize I hadn't talked to a single person about intersectionality. I had gone to the match ready to talk about my thoughts and ask people about theirs on a variety of topics, but intersectionality had been at the front of my mind. But once I got to the Senate... |
2017 |
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Nicholas F. Stump |
MOUNTAIN RESISTANCE: APPALACHIAN CIVIL DISOBEDIENCE IN CRITICAL LEGAL RESEARCH MODELED LAW REFORM |
41-FALL Environs Environmental Law and Policy Journal 69 (Fall, 2017) |
John Rawls authored the modern seminal work on civil disobedience in A Theory of Justice. Like all Rawlsian political theory, civil disobedience is very much conceived vis-à-vis the liberalism paradigm. Through this restrictive lens, the role of civil disobedience is in communicating injustices to the societal majority and to legal-institutional... |
2017 |
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Lucy Jewel |
NEURORHETORIC, RACE, AND THE LAW: TOXIC NEURAL PATHWAYS AND HEALING ALTERNATIVES |
76 Maryland Law Review 663 (2017) |
Persuasion happens in both the brain and the body. Departing from a Cartesian view of rationality, neuroscience explains that the mind and the body are highly integrated. It is a fallacy to believe that we engage with arguments in an abstract, analytical, and unemotional fashion. Instead, neuroscience explains that when rhetoric influences us, it... |
2017 |
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Richard Delgado |
NONCONFORMITY IN AMERICAN LAW AND LIFE: HOW MUCH DO WE REALLY VALUE DIVERSITY? 2016 MEADOR LECTURE |
68 Alabama Law Review 901 (2017) |
Abstract. 902 Introduction. 902 I. Policing Identity in Street Encounters: The Case of The Indian Grandfather. 907 A. A Thought Experiment: President Wellington Takes a Late-Night Stroll Across Campus. 914 II. Policing Identity and Culture in Schools: Mexican-American Studies in Tucson, Arizona. 916 III. No Mas--Identity Politics and the War... |
2017 |
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POLICE IN AMERICA: ENSURING ACCOUNTABILITY AND MITIGATING RACIAL BIAS |
11 Northwestern Journal of Law & Social Policy 385 (Fall, 2017) |
KEYNOTE ADDRESS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015. KEYNOTE SPEAKER: MR. PAUL BUTLER, Professor of Law, Georgetown University Law Center (Washington, D.C.). PROFESSOR BEDI: Okay. Welcome back, everybody. We are going to get started with... |
2017 |
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Darrell D. Jackson, JD, PhD |
PROFILING THE POLICE: FLIPPING 20 YEARS OF WHREN ON ITS HEAD |
85 UMKC Law Review 671 (Spring, 2017) |
In this article, I argue a simple, time-honored philosophy - What's good for the goose is good for the gander. The Supreme Court and a large swath of law enforcement appear to be comfortable with the idea of profiling - racially and generally. Simultaneously, historically marginalized communities throughout the country are calling for increased... |
2017 |
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Kimberlé Williams Crenshaw |
RACE LIBERALISM AND THE DERADICALIZATION OF RACIAL REFORM |
130 Harvard Law Review 2298 (October, 2017) |
In the era that followed the formal collapse of white supremacy, efforts to sustain and broaden reformist agendas against the denouement of social justice movements exposed a series of discordant debates on the Left. While many such conflicts surfaced throughout the social order, some of these debates were staged in elite spaces like Harvard Law... |
2017 |
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I. Bennett Capers |
RACE, POLICING, AND TECHNOLOGY |
95 North Carolina Law Review 1241 (May, 2017) |
This Essay argues that if we truly care about making policing egalitarian and fair to everyone, then that could mean more policing, not less. It advocates harnessing technology, including surveillance technology, to help deracialize policing. This turn to technology will not be cost free. Indeed, one cost will be the redistribution of privacy. This... |
2017 |
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Brad Desnoyer , Anne Alexander |
RACE, RHETORIC, AND JUDICIAL OPINIONS: MISSOURI AS A CASE STUDY |
76 Maryland Law Review 696 (2017) |
On November 9, 2015, the president of the University of Missouri System resigned after months of escalating racial tension surrounding high-profile incidents on the flagship campus. The resignation and events preceding it, including a graduate student's hunger strike and a threatened boycott by the University of Missouri's football team, prompted... |
2017 |
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Patricia J. Williams |
RACE, THE NEW BLACK: ON FASHIONING GENETIC BRAND |
43 American Journal of Law & Medicine 183 (2017) |
This conference has asked us to take a critical look at the concept of race and its diverse applications in health sciences, medical research, empirical and data analytics, as well as social sciences. For all the apparent breadth of that mandate, there are three themes that have united our concerns. First is the question of privatization--or... |
2017 |
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Katherine E. Leung |
RACIAL IDENTITY PERFORMANCE AND EMPLOYMENT DISCRIMINATION LAW |
24 Virginia Journal of Social Policy and the Law 57 (Winter, 2017) |
Introduction. 58 I. Framing Racial Identity Performance Protection. 59 A. Critical Framework. 59 B. The Development of Modern Disparate Impact Theory. 61 II. History of Identity Performance Protections Under Title VII. 63 A. The Evolution of Sex Discrimination Under Title VII. 63 B. Protecting Religious Identity Performance. 66 Before and After... |
2017 |
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Steven L. Nelson, J.D., Ph.D. |
RACIAL SUBJUGATION BY ANOTHER NAME? USING THE LINKS IN THE SCHOOL-TO-PRISON PIPELINE TO REASSESS STATE TAKEOVER DISTRICT PERFORMANCE |
9 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2017) |
The state takeover of locally governed schools in predominately black communities has not disrupted the racial subjugation of black people in the United States. Using proportional analyses and the cities of Detroit, Memphis, and New Orleans as sites, the researcher finds that state takeover districts have not consistently disrupted the... |
2017 |
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Andrea Freeman |
RACISM IN THE CREDIT CARD INDUSTRY |
95 North Carolina Law Review 1071 (May, 2017) |
In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit cards have evolved into an essential tool for lower-... |
2017 |
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Robert Rubinson |
REALIZING DISPUTE RESOLUTION: MEETING THE CHALLENGES OF LEGAL REALISM THROUGH MEDIATION |
18 Nevada Law Journal 1 (Fall, 2017) |
C1-2Table of Contents Introduction. 2 I. Realism. 3 A. The Realist Challenge. 3 B. The Original Realists. 4 1. Holmes's Critique. 5 2. The Original Realists. 6 C. The New Legal Realism. 9 D. The Continuing Challenge for Old and New Realism: What To Do?. 12 II. Mediation. 16 A. Mediation and ADR. 17 B. How Is Mediation Defined?. 18 III.... |
2017 |
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