| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Vincent M. Southerland |
THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM |
80 Maryland Law Review 487 (2021) |
A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... |
2021 |
|
| Dr. Angélica Guevara |
THE NEED TO REIMAGINE DISABILITY RIGHTS LAW BECAUSE THE MEDICAL MODEL OF DISABILITY FAILS US ALL |
2021 Wisconsin Law Review 269 (2021) |
All human beings are born free and equal in dignity and rights. --Universal Declaration of Human Rights, Article 1 Disability is not a personal problem, but rather a social reaction to natural human variation and susceptibility to life circumstances. Current disability antidiscrimination law has been ineffective in overcoming this misleading... |
2021 |
|
| Audra L. Savage |
THE RELIGION OF RACE: THE SUPREME COURT AS PRIESTS OF RACIAL POLITICS |
2021 Utah Law Review 569 (2021) |
The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue--racism still exists. This Article offers a new descriptive account of America's history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they... |
2021 |
|
| Daniel Abebe , Adam Chilton , Tom Ginsburg |
THE SOCIAL SCIENCE APPROACH TO INTERNATIONAL LAW |
22 Chicago Journal of International Law 1 (Summer, 2021) |
For over a hundred years, scholars have argued that international law should be studied using a scientific approach. Throughout the twentieth century, however, the most prominent methods used to study international law primarily consisted of different theoretical and analytical claims about how international law should be developed, interpreted,... |
2021 |
|
| Courtney Trombly |
THE SPACE RACE: FUTILE FIGHTING FOR FINITE FINDINGS |
31 Albany Law Journal of Science and Technology 118 (2021) |
The advent of space exploration has brought a myriad of exciting new discoveries, among which are materials and resources. Such resources include sunlight and elements contained in the atmosphere, as well as materials included within the regolith (unconsolidated material that overlies solid rock on planetary bodies). The materials--which include... |
2021 |
|
| Hiram E. Puig-Lugo |
THE WISCONSIN LAW REVIEW: ONE HUNDRED YEARS OF CREATIVITY, CONTINUITY, AND CHANGE |
2021 Wisconsin Law Review 253 (2021) |
This issue explores the intellectual history and traditions of the University of Wisconsin Law School as the Wisconsin Law Review celebrates its 100th anniversary. It represents yet another example of the valuable contributions the Law Review has made to academic discourse and professional development throughout its history. I am extremely grateful... |
2021 |
|
| Benjamin Justice , Tracey L. Meares |
THE WOLF WE FEED: DEMOCRACY, CASTE, AND LEGITIMACY |
119 Michigan Law Review Online 95 (May, 2021) |
Legal authority rests on enactment; its pure type is best represented by bureaucracy. The basic idea is that laws can be enacted and changed at pleasure by formally correct procedure. The governing body is either elected or appointed and constitutes as a whole and in all its sections rational organizations .. Obedience is not owed to anybody... |
2021 |
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| Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle |
THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW |
105 Minnesota Law Review Headnotes 251 (Spring, 2021) |
Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... |
2021 |
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| Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle |
THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW |
47 Mitchell Hamline Law Review 26 (November, 2021) |
Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting, or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... |
2021 |
|
| Kyle C. Velte |
TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK |
33 Yale Journal of Law & Feminism 119 (2021) |
Abstract: White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... |
2021 |
|
| James Thuo Gathii |
TWENTY-SECOND ANNUAL GROTIUS LECTURE: THE PROMISE OF INTERNATIONAL LAW: A THIRD WORLD VIEW |
36 American University International Law Review 377 (2021) |
James Thuo Gathii of the Loyola University Chicago School of Law, and discussant Fleur Johns of the University of New South Wales School of Law, provided the Twenty-Second Annual Grotius Lecture on Thursday, June 25, 2020, at 5:00 p.m. (Including a TWAIL Bibliography 1996-2019 as an Appendix) I. INTRODUCTION. 378 II. PART ONE: INTERNATIONAL LAW'S... |
2021 |
|
| John A. Powell , Eloy Toppin, Jr. |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
11 Columbia Journal of Race and Law 1 (January, 2021) |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
2021 |
|
| Vanita Saleema Snow |
VEILING AND INVERTED MASKING |
36 Berkeley Journal of Gender, Law & Justice 115 (2021) |
Introduction. 115 I. The Identity Dichotomy. 120 A. Binary Gender Identity. 122 B. Black and African-American Women: Race Intersects with Gender. 128 C. Muslim Women: Religious Identity Intersects with Gender. 130 D. African-American Muslim Women: The Challenges of Identity Convergence. 134 II. Masking Identity. 135 A. Masking to Assimilate. 137 B.... |
2021 |
|
| Meera E. Deo |
WHY BIPOC FAILS |
107 Virginia Law Review Online 115 (June, 2021) |
Racial tensions have been endemic to the U.S. since its founding. In 2020, this racial conflict bubbled over into the streets as those supporting Black Lives Matter and opposing a long history of racist police violence congregated to demand justice. Last year and still now, the global pandemic has placed additional stress on communities of color,... |
2021 |
|
| Shannon N. Morgan |
WORKING TWICE AS HARD FOR LESS THAN HALF AS MUCH: A SOCIOLEGAL CRITIQUE OF THE GENDERED JUSTIFICATIONS PERPETUATING UNEQUAL PAY IN SPORTS |
45 Columbia Journal of Law & the Arts 121 (Fall, 2021) |
The difference is the total amount of revenue. It's not a gender issue. It's a revenue issue. This was Mark Cuban's response when called out about the pay gap between men's and women's professional basketball players by Women's National Basketball Association (WNBA) player Skylar Diggins-Smith. So often when the question, Why do male athletes... |
2021 |
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| Lolita Buckner Inniss |
(UN)COMMON LAW AND THE FEMALE BODY |
61 Boston College Law Review E-Supplement I.-95 (May 14, 2020) |
Abstract: A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women's legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she... |
2020 |
|
| I. Bennett Capers |
AGAINST PROSECUTORS |
105 Cornell Law Review 1561 (September, 2020) |
Introduction. 1561 I. The Prosecutors. 1565 II. We, the People. 1573 A. From Private Prosecution to Public Prosecutors. 1573 B. Three Lessons. 1581 III. Benefits. 1586 Conclusion. 1609 |
2020 |
|
| Bruce P. Frohnen |
AUGUSTINE, LAWYERS & THE LOST VIRTUE OF HUMILITY |
69 Catholic University Law Review 1 (Winter, 2020) |
I. The Virtue of Humility. 3 II. The Secular Critique. 4 III. Political Theology. 7 IV. Shaffer's Christian Call to Disorder. 9 V. The Dangers of Lawyerly Theology. 11 VI. MRPC: A System Requiring and Allowing for Humility. 17 VII. Conclusion. 20 |
2020 |
|
| Dena Elizabeth Robinson , Tyra Robinson |
BETWEEN A LOC AND A HARD PLACE: A SOCIO-HISTORICAL, LEGAL, AND INTERSECTIONAL ANALYSIS OF HAIR DISCRIMINATION AND TITLE VII |
20 University of Maryland Law Journal of Race, Religion, Gender and Class 263 (Fall, 2020) |
Every year, Black people, including children, are reminded that they are inferior when they are turned away from jobs, have offers of employment rescinded, or are humiliated in front of family and friends due to the way their hair naturally grows out of their heads. When Black people bring claims of hair discrimination under Title VII, which are... |
2020 |
|
| Justin Hansford |
BOOK REVIEW: CHOKEHOLD BY PAUL BUTLER |
4 Howard Human & Civil Rights Law Review 39 (2019-2020) |
When Mike Brown was killed on August 9th, 2014, few of the people who took to the streets in protest could explain in depth the structural details of the system that we knew would, in all likelihood, allow the killer to escape without punishment. We just knew the whole system was guilty as hell. Any instincts to take a systemic perspective were... |
2020 |
|
| Jasmine B. Gonzales Rose |
COLOR-BLIND BUT NOT COLOR-DEAF: ACCENT DISCRIMINATION IN JURY SELECTION |
44 New York University Review of Law and Social Change 309 (2020) |
Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too... |
2020 |
|
| Mary Nicol Bowman |
CONFRONTING RACIST PROSECUTORIAL RHETORIC AT TRIAL |
71 Case Western Reserve Law Review 39 (Fall, 2020) |
C1-2Contents Introduction. 40 I. How and Why is Racist Prosecutorial Rhetoric So Problematic?. 44 A. Overview of Foundational Concepts for Understanding Racist Prosecutorial Rhetoric. 44 B. How Race Affects Juror Decision-Making. 50 1. Ingroup versus Outgroup Bias. 51 2. The Power of Stereotypes. 53 3. Priming for Prejudice. 57 4. Framing and... |
2020 |
|
| Calvin Morrill , Lauren B. Edelman , Yan Fang , Rosann Greenspan |
CONVERSATIONS IN LAW AND SOCIETY: ORAL HISTORIES OF THE EMERGENCE AND TRANSFORMATION OF THE MOVEMENT |
16 Annual Review of Law and Social Science 97 (2020) |
law and society, scholarly movements, institutionalized fields, oral history This article uses oral histories of surviving founders to explore the emergence of law and society as a scholarly movement and its transformation to a scholarly field. The oral histories we draw on come from a unique public archive of interviews with founders of law and... |
2020 |
|
| Frank Rudy Cooper |
COP FRAGILITY AND BLUE LIVES MATTER |
2020 University of Illinois Law Review 621 (2020) |
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012-2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police... |
2020 |
|
| Wyatt G. Sassman |
CRITICAL QUESTIONS IN ENVIRONMENTAL LAW |
97 University of Detroit Mercy Law Review 487 (Spring, 2020) |
I. Introduction. 487 II. Critical Questions in Environmental Law. 491 A. Shaky Foundations. 491 B. Environmental Justice. 493 C. Climate Change. 497 III. Critical Movements and Law's Role. 501 A. CLS's Influences. 501 B. Law and Reform After CLS. 503 IV. Lessons for Environmental Law. 505 V. Conclusion. 507 |
2020 |
|
| William J. Carney |
CURRICULAR CHANGE IN LEGAL EDUCATION |
53 Indiana Law Review 245 (2020) |
It is almost trite today to catalog the problems of modern legal education. The popular press and the internet have done a pretty good job of making the professional concerns of legal educators almost popular fare for casual readers and especially for prospective law students. But, just to hit the highlights, here is a list of the better-known... |
2020 |
|
| Kimberly Jenkins Robinson |
DESIGNING THE LEGAL ARCHITECTURE TO PROTECT EDUCATION AS A CIVIL RIGHT |
96 Indiana Law Journal 51 (Fall, 2020) |
Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes... |
2020 |
|
| Holt Ortiz Alden |
DISCOVERING THE VICTIM: THE ENDURING PROBLEM WITH "HIGH-CRIME AREAS" |
16 Stanford Journal of Civil Rights & Civil Liberties 385 (June, 2020) |
In 1995, Chicago police officers stopped and frisked Sam Wardlow, a black man, after he reportedly ran from them in a high-crime area of Chicago, Illinois. The Supreme Court ultimately upheld the stop and frisk in Illinois v. Wardlow, concluding that flight from law enforcement in a high-crime area constituted sufficient reasonable articulable... |
2020 |
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| Marc Tizoc González , Saru Matambanadzo , Sheila I. Vélez Martínez |
FOREWORD: THE DISPOSSESSED MAJORITY: RESISTING THE SECOND REDEMPTION IN AMÉRICA POSFASCISTA (POSTFASCIST AMERICA) WITH LATCRIT, SCHOLARSHIP, COMMUNITY, AND PRAXIS AMIDST THE GLOBAL PANDEMIC |
23 Harvard Latinx Law Review 149 (Fall, 2020) |
Settle your quarrels, come together, understand the reality of our situation, understand that fascism is already here, that people are already dying who could be saved, that generations more will live poor butchered half-lives if you fail to act. Do what must be done, discover your humanity and your love in revolution. --attributed to George... |
2020 |
|
| Chandra L. Ford |
GRAHAM, POLICE VIOLENCE, AND HEALTH THROUGH A PUBLIC HEALTH LENS |
100 Boston University Law Review 1093 (May, 2020) |
That police kill black people with impunity is a concerning social issue--but is it a public health problem? In this Essay, I examine how certain public health concepts and approaches can inform both the answer to this question and the development of strategies to address the problem. Drawing on Ruth Wilson Gilmore's definition of racism as the... |
2020 |
|
| Alfredo Contreras , Joe McGrath |
LAW, TECHNOLOGY, AND PEDAGOGY: TEACHING CODING TO BUILD A "FUTURE-PROOF" LAWYER |
21 Minnesota Journal of Law, Science & Technology 297 (July 13, 2020) |
Introduction. 298 I. The Evolution of Legal Education: From Cases to Code. 299 II. The Impact of Technology on Legal Practice: Why Lawyers Need to Understand Code. 308 A. Smart Searching, Research and Analysis. 311 B. Virtual Firms and Robotic Advice. 313 C. Automation: Accuracy with Efficiency. 314 D. Predictive Policing. 317 E. Risk Assessment.... |
2020 |
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| Shajuti Hossain |
LESSONS FROM BLACKAMERICAN LAWYERS' SOCIAL JUSTICE ADVOCACY FOR IMMIGRANT MUSLIM LAWYERS |
24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) |
About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... |
2020 |
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| Russell M. Gold |
PAYING FOR PRETRIAL DETENTION |
98 North Carolina Law Review 1255 (September, 2020) |
American criminal law vastly overuses pretrial detention even as it purports to presume defendants innocent. This Article compares financial incentives in pretrial detention to those in civil preliminary injunctions. Both are procedures where one of the parties seeks relief before judgment. And yet, these two procedures employ financial incentives... |
2020 |
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| Paul Butler |
POLITICS CHANGE. POLICING BLACK MEN STAYS THE SAME |
4 Howard Human & Civil Rights Law Review 67 (2019-2020) |
It is a high honor to have three important scholars offer such careful analysis of my book Chokehold: Policing Black Men. The reviews, by Howard University Law Professors Justin Hansford, Lenese Herbert and Darin Johnson, are provocative and fair. Here I want not to so much respond point by point as to riff off some of the most challenging themes... |
2020 |
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| James Thuo Gathii |
PROMISE OF INTERNATIONAL LAW: A THIRD WORLD VIEW (INCLUDING A TWAIL BIBLIOGRAPHY 1996-2019 AS AN APPENDIX) |
114 American Society of International Law Proceedings 165 (June 25-26, 2020) |
doi:10.1017/amp.2021.87 Thank you very much Professor Padideh Ala'i for that very kind introduction. I would also like to thank you Dean Camille A. Nelson of the Washington College of Law and the Society for this really special honor of inviting me to give the Grotius Lecture this year. I also thank the President of the Society, Catherine Amirfar,... |
2020 |
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| Jared Ham , Chan Tov McNamarah |
QUEER EYES DON'T SYMPATHIZE: AN EMPIRICAL INVESTIGATION OF LGB IDENTITY AND JUDICIAL DECISION MAKING |
105 Cornell Law Review 589 (January, 2020) |
Do lesbian, gay, and bisexual judicial decision makers differ from their heterosexual counterparts? Over the past decade much has been said about queer judges, with many suggesting that they cannot be impartial in cases involving LGBTQ+ parties or religious interests. To investigate these questions, this Note presents the findings of the first... |
2020 |
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| Michael Siegel |
RACIAL DISPARITIES IN FATAL POLICE SHOOTINGS: AN EMPIRICAL ANALYSIS INFORMED BY CRITICAL RACE THEORY |
100 Boston University Law Review 1069 (May, 2020) |
Although the use of excessive force by police has been a concern within communities of color for decades, the issue recently reached the public consciousness through media coverage of a number of high-profile police killings of unarmed Black victims. In explaining these events, the common understanding has been that there are some bad apples... |
2020 |
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| Khiara M. Bridges |
RACIAL DISPARITIES IN MATERNAL MORTALITY |
95 New York University Law Review 1229 (November, 2020) |
Racial disparities in maternal mortality have recently become a popular topic, with a host of media outlets devoting time and space to covering the appalling state of black maternal health in the country. Congress responded to this increased societal awareness by passing the Preventing Maternal Deaths Act at the tail end of 2018. The law provides... |
2020 |
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| Richard Delgado, Jean Stefancic |
RADICAL METHOD |
24 U.C. Davis Social Justice Law Review 3 (Winter, 2020) |
Should traditional liberals and insurgent scholars who disdain the system nevertheless work together? They start at different points, build on clashing presumptions, and follow different methodologies. Nevertheless, they often come out the same way. Indeed, practitioners of the standard cases-and-policies approach sometimes end up instinctively... |
2020 |
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| Tristin K. Green |
RETHINKING RACIAL ENTITLEMENTS: FROM EPITHET TO THEORY |
93 Southern California Law Review 217 (January, 2020) |
From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and... |
2020 |
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| Catherine Powell , Camille Gear Rich |
THE "WELFARE QUEEN" GOES TO THE POLLS: RACE-BASED FRACTURES IN GENDER POLITICS AND OPPORTUNITIES FOR INTERSECTIONAL COALITIONS |
19th Georgetown Law Journal 105 (June, 2020) |
C1-2Table of Contents Introduction. 108 I. The Welfare Queen Goes to the Polls. 115 A. ORIGINS OF THE WELFARE QUEEN. 115 B. THE WELFARE QUEEN AT THE POLLS. 121 C. DISCURSIVE GOALS: THE WELFARE QUEEN AS A THREAT TO AMERICAN DEMOCRACY. 125 1. The Right to Vote as a Scarce Resource. 126 2. Individual Malfeasance Versus Institutional Wrongdoing. 127 3.... |
2020 |
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| Katelyn P. Dembowski |
THE CASE FOR SOCIOECONOMIC AFFIRMATIVE ACTION: A JURISPRUDENTIAL EXAMINATION AT THE DISPARITY BETWEEN PRIVILEGE AND POVERTY IN HIGHER EDUCATION ADMISSIONS |
31 Hastings Women's Law Journal 129 (Winter, 2020) |
It is hard for us Westerners, not that the freedom that men seek differs according to their social or economic status, but that the majority who possess it have gained it by exploiting, or, at least, averting their gaze from, the vast majority who do not. - Isaiah Berlin Racial minorities in America have faced unequal representation and... |
2020 |
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| Christian Sundquist |
THE FUTURE OF LAW SCHOOLS: COVID-19, TECHNOLOGY, AND SOCIAL JUSTICE |
53 Connecticut Law Review Online 1 (December, 2020) |
The COVID-19 pandemic has laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum. The need to re-envision the future of legal education existed well before the current pandemic, spurred by the shifting nature of legal practice as well as... |
2020 |
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| Patricia M. Muhammad |
THE TRANS-ATLANTIC SLAVE TRADE'S AFRICAN ELEPHANT IN THE INTERNATIONAL COURTROOM: WEST AFRICA'S DEBT OF REPARATIONS TO THE DESCENDANTS OF THE BLACK DIASPORA |
27 U.C. Davis Journal of International Law and Policy 81 (Fall, 2020) |
Legal scholarship concerning the crimes against humanity and exploited forced labor that characterized the Trans-Atlantic Slave trade has consistently focused on Western nation states --in particular, the United States' obligation to pay restitution to Blacks of the African Diaspora. However, one of the most implacable voids regarding this... |
2020 |
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| Claire P. Donohue |
THE UNEXAMINED LIFE: A FRAMEWORK TO ADDRESS JUDICIAL BIAS IN CUSTODY DETERMINATIONS AND BEYOND |
21 Georgetown Journal of Gender and the Law 557 (Spring, 2020) |
Scholars and litigators alike have long wondered about what is on the minds of judges. Kahan et al. have studied how judges' political commitments influence their perception of legally consequential facts. Sheri Johnson et al. confirmed the presence of implicit bias among a sample of judges and analyzed the relationship between that bias and the... |
2020 |
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| Ezra Graham Lintner |
TO EACH THEIR OWN: USING NONBINARY PRONOUNS TO BREAK SILENCE IN THE LEGAL FIELD |
27 UCLA Women's Law Journal 213 (Summer, 2020) |
The last decade has been monumental in the fight for transgender rights, including a growing recognition of transgender identity. This shift has also created space for those with nuanced gender identities--such as those who are nonbinary--to join the conversation. Individuals who identify as nonbinary do not identify as male or female, but... |
2020 |
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| Theresa Zhen |
(COLOR)BLIND REFORM: HOW ABILITY-TO-PAY DETERMINATIONS ARE INADEQUATE TO TRANSFORM A RACIALIZED SYSTEM OF PENAL DEBT |
43 New York University Review of Law and Social Change 175 (2019) |
As economic sanctions imposed with a criminal conviction proliferate nationwide, reformers have fought for and won the institutionalization of ability-to-pay determinations. While often viewed as a victory in the effort to end the criminalization of poverty, there is a substantial risk that ability-to-pay determinations may actually exacerbate the... |
2019 |
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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 |
AFTERWORD WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
9 University of Miami Race & Social Justice Law Review 141 (Spring, 2019) |
I. Introduction. 142 II. Origins and Anchors. 146 A. The Fundamental Role of the Annual/Biennial Conference. 146 B. The Continuing Need for Critical Outsider Pipelines and Networking. 152 C. The Centrality of Knowledge Production to the LatCrit Mission. 158 D. The Equal Centrality of Critical Pedagogy to the LatCrit Mission. 162 III. Priorities and... |
2019 |
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| Jennifer Jones |
BAKKE AT 40: REMEDYING BLACK HEALTH DISPARITIES THROUGH AFFIRMATIVE ACTION IN MEDICAL SCHOOL ADMISSIONS |
66 UCLA Law Review 522 (March, 2019) |
Forty years after the landmark Supreme Court decision in U.C. Regents v. Bakke, medical schools remain predominantly white institutions. In Bakke, Justice Powell infamously rejected the concept of societal discrimination, which was offered as a justification for the U.C. Davis medical school's race-conscious admissions program, as an amorphous... |
2019 |
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| Valeria M. Pelet del Toro |
BEYOND THE CRITIQUE OF RIGHTS: THE PUERTO RICO LEGAL PROJECT AND CIVIL RIGHTS LITIGATION IN AMERICA'S COLONY |
128 Yale Law Journal 792 (January, 2019) |
Long skeptical of the ability of rights to advance oppressed groups' political goals, Critical Legal Studies (CLS) scholars might consider a U.S. territory like Puerto Rico and ask, What good are rights when you live in a colony? In this Note, I will argue that CLS's critique of rights, though compelling in the abstract, falters in the political... |
2019 |
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