| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Roza E. Patterson |
BLACK BODIES DROWNING IN THE MEDITERRANEAN SEA: WHY DOES THE WORLD NOT CARE? |
23 UCLA Journal of International Law and Foreign Affairs 183 (Spring, 2019) |
In November 2014, Pope Francis urged European leaders to stop the Mediterranean Sea from becoming a vast cemetery for migrants. Known for its crystal-clear blue water, beautiful sunsets, and top vacation destinations, calling the Mediterranean Sea a cemetery seemed rather paradoxical. However, this sea has, in fact, become the graveyard for... |
2019 |
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| John E. Foster |
CHARGES TO BE DECLINED: LEGAL CHALLENGES AND POLICY DEBATES SURROUNDING NON-PROSECUTION INITIATIVES IN MASSACHUSETTS |
60 Boston College Law Review 2511 (November, 2019) |
Abstract: The election of progressive prosecutors introduces new objectives and tools into the traditional tough on crime playbook of local prosecution. Newly-elected District Attorney Rachael Rollins of Suffolk County, Massachusetts has proposed one such tool: non-prosecution of certain criminal laws, chiefly non-violent misdemeanors. This... |
2019 |
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| Josué López |
CRT AND IMMIGRATION: SETTLER COLONIALISM, FOREIGN INDIGENEITY, AND THE EDUCATION OF RACIAL PERCEPTION |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) |
A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When... |
2019 |
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| Addie C. Rolnick |
DEFENDING WHITE SPACE |
40 Cardozo Law Review 1639 (April, 2019) |
What I knew then, what black people have been required to know, is that there are few things more dangerous than the perception that one is a danger. --Jelani Cobb, Between the World and Ferguson Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions--ranging from body cameras to... |
2019 |
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| Lisa M. Saccomano |
DEFINING THE PROPER ROLE OF "OFFENDER CHARACTERISTICS" IN SENTENCING DECISIONS: A CRITICAL RACE THEORY PERSPECTIVE |
56 American Criminal Law Review 1693 (Fall, 2019) |
In 2016, the news media in the United States widely reported the case of Brock Turner, a young white college athlete from Stanford who was convicted of sexual assault but spared the mandatory term of imprisonment. The American public was outraged at the leniency of the sentence imposed. A campaign was launched to remove from the bench the judge who... |
2019 |
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| Katherine L. Moore, J.D. |
DISABLED AUTONOMY |
22 Journal of Health Care Law and Policy 245 (2019) |
Disability law is still undertheorized. In 2007, Ruth Colker wrote that disability law was undertheorized because it conflated separate with unequal, and because disability was largely ignored or poorly understood within theories of justice. The solution for Colker was to attach the anti-subordination perspective, which was developed to apply... |
2019 |
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| Etienne C. Toussaint |
DISMANTLING THE MASTER'S HOUSE: TOWARD A JUSTICE-BASED THEORY OF COMMUNITY ECONOMIC DEVELOPMENT |
53 University of Michigan Journal of Law Reform 337 (Winter 2019) |
Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED,... |
2019 |
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| David Simson |
FOOL ME ONCE, SHAME ON YOU; FOOL ME TWICE, SHAME ON YOU AGAIN: HOW DISPARATE TREATMENT DOCTRINE PERPETUATES RACIAL HIERARCHY |
56 Houston Law Review 1033 (Spring, 2019) |
Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory--a social... |
2019 |
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| Devon W. Carbado |
FOOTNOTE 43: RECOVERING JUSTICE POWELL'S ANTI-PREFERENCE FRAMING OF AFFIRMATIVE ACTION |
53 U.C. Davis Law Review 1117 (December, 2019) |
For more than four decades, scholars have been debating the constitutional parameters of affirmative action. Central to this debate is Justice Powell's opinion in Regents of the University of California v. Bakke. For good or bad, that opinion has set not only the doctrinal terms on which lawyers litigate and judges adjudicate the constitutionality... |
2019 |
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| Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez Martínez |
FOREWORD TO LATCRIT 2017 SYMPOSIUM: WHAT'S NEXT? RESISTANCE RESILIENCE AND COMMUNITY IN THE TRUMP ERA |
9 University of Miami Race & Social Justice Law Review Rev. 1 (Spring, 2019) |
I. Introduction. 2 II. Unprecedented, Unprincipled, Unprofessional: The Rise of the Trump Administration in the United States. 8 III. Constellations of Resistance: How Persisting and Emerging Social Movement Actors are Fighting Back. 15 IV. Gathering Together for LatCrit XXI: What's Next?. 21 V. The Symposium Pieces: The Spirit of Resistance and... |
2019 |
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