AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Osagie K. Obasogie , Julie N. Harris-Wai , Katherine Darling , Carolyn Keagy , Michael Levesque RACE IN THE LIFE SCIENCES: AN EMPIRICAL ASSESSMENT, 1950--2000 83 Fordham Law Review 3089 (May, 2015) The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most... 2015  
Khiara M. Bridges RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL 24 Southern California Interdisciplinary Law Journal 607 (Summer 2015) RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL. 607 I. INTRODUCTION. 609 II. THE (IMAGINED) DANGERS OF USING RACE IN LAW. 615 A. The Injury of Racial Classifications: The Denial of Individuality. 617 B. Race: Individuating or Deindividuating?. 619 1. The Case for the... 2015  
Cassia Spohn RACE, CRIME, AND PUNISHMENT IN THE TWENTIETH AND TWENTY-FIRST CENTURIES 44 Crime and Justice 49 (2015) Flagrant and widespread racism that characterized the criminal justice system during the early part of the twentieth century has largely been eliminated, but racial disparities persist. Whether because of overt racism, implicit bias, or laws and practices that have racially disparate effects, black (and Hispanic) men and women make up a... 2015  
Cheryl I. Harris RICCI V. DESTEFANO: LOST AT THE INTERSECTION 91 Denver University Law Review 1121 (2015) The contestation over the Ricci decision largely framed the question as whether New Haven's action, cancelling the promotional lists for the fire department, was justified by the desire to avoid disparate impact liability or was an improper form of discrimination against whites. While critics cited evidence of racial disparity in the supervisory... 2015  
Kevin R. Johnson RICHARD DELGADO'S QUEST FOR JUSTICE FOR ALL 33 Law & Inequality: A Journal of Theory and Practice 407 (Summer, 2015) It is a distinct honor to participate in this Symposium, which no doubt will be one of many, celebrating Richard Delgado's illustrious career in teaching law. A brief, simple commentary cannot do justice to Delgado's pioneering legal scholarship--he is nothing less than a legend, a sort of LeBron James or Michael Jordan among legal academics.... 2015  
Nick J. Sciullo RICHARD SHERMAN, RHETORIC, AND RACIAL ANIMUS IN THE REBIRTH OF THE BOGEYMAN MYTH 37 Hastings Communications and Entertainment Law Journal (COMM/ENT) 201 (2015) I. Introduction. 201 II. The Richard Sherman Interview in Theory. 204 III. The Rhetoric of Black Danger. 206 IV. Racial Animus in Sports Media. 212 V. The Rebirth of the Bogeyman Myth. 220 A. The Legend of the Bogeyman; or, a Chance at Weak Ontology. 221 B. Francisco Goya y Que viene el Coco. 225 C. Wer Hat Angst Vorm Schwarzen Mann?. 227 VI.... 2015  
Thomas Baker , Justin T. Pickett , Dhara M. Amin , Kristin Golden , Karla Dhungana , Marc Gertz , Laura Bedard SHARED RACE/ETHNICITY, COURT PROCEDURAL JUSTICE, AND SELF-REGULATING BELIEFS: A STUDY OF FEMALE OFFENDERS 49 Law and Society Review 433 (June, 2015) Using survey data from a sample of white, black, and Hispanic incarcerated females (N = 554), we examine if the theoretically hypothesized and empirically demonstrated relationship between procedural justice and obligation to obey the law is substantiated among a sample of offenders and explore the impact that sharing the race/ethnicity of the... 2015  
Mario L. Barnes TAKING A STAND?: AN INITIAL ASSESSMENT OF THE SOCIAL AND RACIAL EFFECTS OF RECENT INNOVATIONS IN SELF-DEFENSE LAWS 83 Fordham Law Review 3179 (May, 2015) [I]t's time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if -- and the if is important -- no safe retreat is available. Perhaps, not surprisingly, the... 2015  
John Bennett THE DIVERSITY RUSE: HOW GRUTTER UPHELD AFFIRMATIVE ACTION BY FAILING TO APPLY STRICT SCRUTINY 45 Cumberland Law Review 225 (2014-2015) In Grutter v. Bollinger, the Supreme Court ruled that colleges are allowed to make narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. The Grutter majority was supposed to apply strict scrutiny to affirmative action. Strict scrutiny... 2015  
Ifeoma Ajunwa THE MODERN DAY SCARLET LETTER 83 Fordham Law Review 2999 (May, 2015) The stigma gone, Hester heaved a long, deep sigh, in which the burden of shame and anguish departed from her spirit. O exquisite relief! She had not known the weight, until she felt the freedom! American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to... 2015  
Meera E. Deo, JD, PhD THE UGLY TRUTH ABOUT LEGAL ACADEMIA 80 Brooklyn Law Review 943 (Spring, 2015) The Diversity in Legal Academia (DLA) project is the first formal, comprehensive, mixed-method empirical examination of the law faculty experience, utilizing an intersectional lens to investigate the personal and professional lives of legal academics. This Article reports on the first set of findings from that study, which I personally designed and... 2015  
William C. Bradford TRAHISON DES PROFESSEURS: THE CRITICAL LAW OF ARMED CONFLICT ACADEMY AS AN ISLAMIST FIFTH COLUMN 3 National Security Law Journal 278 (Spring/Summer, 2015) Islamist extremists allege law of war violations against the United States to undermine American legitimacy, convince Americans that the United States is an evil regime fighting an illegal and immoral war against Islam, and destroy the political will of the American people. Yet these extremists' own capacity to substantiate their claims is inferior... 2015  
Meera E. Deo, JD, PhD TRAJECTORY OF A LAW PROFESSOR 20 Michigan Journal of Race and Law 441 (Spring, 2015) Women of color are already severely underrepresented in legal academia; as enrollment drops and legal institutions constrict further, race and gender disparities will likely continue to grow. Yet, as many deans and associate deans, most of whom are white, step down from leadership positions during these tumultuous times in legal education,... 2015  
Rachel Cox UNETHICAL INTRUSION: THE DISPROPORTIONATE IMPACT OF LAW ENFORCEMENT DNA SAMPLING ON MINORITY POPULATIONS 52 American Criminal Law Review 155 (Winter, 2015) In 2009, the Maryland legislature enacted a statute that required law enforcement to take a DNA sample at the time of arrest from individuals charged with a crime of violence or an attempt to commit a crime of violence, or burglary or an attempt to commit burglary. The Maryland statute required these DNA samples to be maintained in a statewide... 2015  
Richard Delgado WAITING FOR A SECOND CARGO SHIPMENT: PUBLIC EDUCATION AS A GREAT EQUALIZER 50 Wake Forest Law Review 219 (Spring 2015) In his reply essay, Steven Ramirez takes issue with an earlier article of mine that appeared in these pages. In Rodrigo's Equation: Race, Capitalism, and the Search for Reform (Rodrigo's Equation), I argued that reforming capitalism, or any central feature of it, by legal means is a virtual impossibility, since law and capitalism are essentially... 2015  
Alex M. Johnson, Jr. WHAT THE TEA PARTY MOVEMENT MEANS FOR CONTEMPORARY RACE RELATIONS: A HISTORICAL AND CONTEXTUAL ANALYSIS 7 Georgetown Journal of Law & Modern Critical Race Perspectives 201 (Fall, 2015) The re-election of President Barack Obama in 2012 signifies many things. First and foremost, it means that Barack Obama will continue as the Forty-Fourth President of the United States for another four years and join Presidents Bush (II), Clinton, Reagan, and Eisenhower as a two-term President in the post-World War II era. On a political level,... 2015  
Ange-Marie Hancock WHEN IS FEAR FOR ONE'S LIFE RACE-GENDERED? AN INTERSECTIONAL ANALYSIS OF THE BUREAU OF IMMIGRATION APPEALS'S IN RE A-R-C-G- DECISION 83 Fordham Law Review 2977 (May, 2015) In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case... 2015  
Lisa R. Pruitt WHO'S AFRAID OF WHITE CLASS MIGRANTS? ON DENIAL, DISCREDITING AND DISDAIN (AND TOWARD A RICHER CONCEPTION OF DIVERSITY) 31 Columbia Journal of Gender and Law 196 (2015) This Article describes and theorizes the legal academy's denial of both class disadvantage and class migration, with particular attention to how those phenomena are manifest in relation to white faculty. The Article observes that a general disdain for poor and working-class whites evolves into the denial and distancing of class migrants, those who... 2015  
Richard Delgado WHY OBAMA? AN INTEREST CONVERGENCE EXPLANATION OF THE NATION'S FIRST BLACK PRESIDENT 33 Law & Inequality: A Journal of Theory and Practice 345 (Summer, 2015) This Essay continues a trilogy of efforts devoted to extending Derrick Bell's intellectual legacy. Earlier, I identified strands in Bell's scholarship in the period immediately preceding his death. These clues show that Bell was intrigued by law's violence and was approaching a broad synthesis explaining how and why law sometimes reinforces... 2015  
Stephanie M. Wildman , Lucy Gaines WISE LATINA/OS REFLECT ON ROLE MODELS, ACTING AFFIRMATIVELY, AND STRUCTURES OF DISCRIMINATION: IN HONOR OF RICHARD DELGADO 33 Law & Inequality: A Journal of Theory and Practice 459 (Summer, 2015) Richard Delgado and I [Stephanie] have never lived in the same place or taught on the same faculty. I'm a provincial Californian, having spent my entire teaching career at Bay area law schools; Richard is an internationally recognized scholar who has taught at many different places. I am a White Jewish woman; he is a Latino man. In some ways it was... 2015  
Hanna Chandoo WITH LIBERTY, JUSTICE, AND CONTAMINATION FOR ALL: THE UNEQUAL DISTRIBUTION OF GROUNDWATER POLLUTION IN CALIFORNIA 36 Whittier Law Review 307 (Winter 2015) Nine years ago, Sonia Lopez was one of many residents in San Jerardo, a small city in the Salinas Valley, who began losing her hair. Her skin became red and itchy, and her eyes burned. After much investigation, health officials informed city residents that the groundwater used to supply the city's drinking water had been contaminated with nitrate... 2015  
Elizabeth M. Vasily WOMEN, GANGS, AND LAW ENFORCEMENT IN AMERICA: A CRITICAL RACE AND FEMINIST ANALYSIS 7 Georgetown Journal of Law & Modern Critical Race Perspectives 319 (Fall, 2015) When covering the problem of American street violence, the media has primarily focused on violence impacting black men. However, the media often ignores the thousands of black women behind the scenes who are abused, degraded, and struggling to survive in violent communities. Not only are these black women collateral damage of the gang culture in... 2015  
Cynthia Lee (E)RACING TRAYVON MARTIN 12 Ohio State Journal of Criminal Law 91 (Fall, 2014) As we celebrate the 25th anniversary of Critical Race Theory [CRT], we have much to celebrate and much work ahead. In its early years, Critical Race Theory was a much-criticized and denigrated body of scholarship. By and large, critical race scholars were law professors of color writing about issues of racial subordination and injustice. Their work... 2014 Yes
Jonathan Bailyn A CRITICAL RACE THEORIST ACCOUNT OF CORPORATE RACIAL STANDING 16 Scholar: St. Mary's Law Review on Race and Social Justice 725 (2014) I. Introduction. 725 II. History: Limited Supreme Court Guidance. 726 III. Corporate Racial Standing Doctrine. 727 IV. Race. 728 A. Paradigms. 728 B. Classification Schemes. 730 V. Corporations. 731 A. Shareholder Theory. 731 B. Contractarian Theory. 733 VI. Application. 735 A. Shareholder Identity. 735 B. The Problem of Heterogeneity. 737 C.... 2014 Yes
Gil Lan AMERICAN LEGAL REALISM GOES TO CHINA: THE CHINA PUZZLE AND LAW REFORM 51 American Business Law Journal 365 (Summer, 2014) A current prevailing theory states that a nation needs a well-enforced system of formal property and contract rights in order to enjoy economic growth (the Rights Theory). This theory has prestigious intellectual foundations and also enjoys the support of international organizations such as the World Bank. In the midst of many developing and... 2014 Yes
Camille Gear Rich ANGELA HARRIS AND THE RACIAL POLITICS OF MASCULINITY: TRAYVON MARTIN, GEORGE ZIMMERMAN, AND THE DILEMMAS OF DESIRING WHITENESS 102 California Law Review 1027 (August, 2014) This Festschrift Essay uses the Trayvon Martin controversy as an opportunity to reflect on the insights Angela Harris's scholarship provides about the dialogic relationship between race, masculinity, and the criminal law. After surveying Harris's contributions to critical race theory, masculinity studies, and feminist legal theory, this Essay... 2014 Yes
Tehama Lopez Bunyasi BREATHING DIFFERENCE, SHARING EMPOWERMENT 32 Chicana/o-Latina/o Law Review 67 (2014) We celebrate Margaret E. Montoya's Máscaras, Trenzas, y Greñas as a canonical article in critical race theory because its deft interweaving and unbraiding of stories helps us consider the marginalizing assumptions of the legal world, the way normativity translates into authority, and the means by which the mainstream is disguised as unbiased. She... 2014 Yes
Sahar F. Aziz COERCIVE ASSIMILATIONISM: THE PERILS OF MUSLIM WOMEN'S IDENTITY PERFORMANCE IN THE WORKPLACE 20 Michigan Journal of Race and Law 1 (Fall, 2014) Should employees have the legal right to be themselves at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee's gender, race, or religion? And what if the basis for the employer's workplace rules and... 2014 Yes
Dan Subotnik CONTESTING A CONTESTATION OF TESTING: A REPLY TO RICHARD DELGADO 9 University of Massachusetts Law Review 296 (Spring, 2014) Dan Subotnik responds to Richard Delgado, Standardized Testing as Discrimination: A Reply to Dan Subotnik, 9 U. Mass. L. Rev. 98 (2014). I. INTRODUCTION. 298 II. TESTING AND PREPARATION. 299 III. TESTING AND SOCIETY. 302 Professor Richard Delgado is not only a founder of the critical race theory school but he is also among the most prolific and... 2014 Yes
Francisco Valdes CRITICAL RACE ACTION: QUEER LESSONS AND SEVEN LEGACIES FROM THE ONE AND ONLY PROFESSOR BELL 36 Western New England Law Review 109 (2014) I begin, as Professor Derrick Bell might have, with a short story based on personal experience related to social realities. When the Law and Society Association met in Pittsburgh during the early 2000s, I was asked to participate in an author-meets-reader session focused on the Professor's then-latest book, Ethical Ambition. After the session, we... 2014 Yes
I. Bennett Capers CRITICAL RACE THEORY AND CRIMINAL JUSTICE 12 Ohio State Journal of Criminal Law 1 (Fall, 2014) When the Ohio State Journal of Criminal Law invited me to guest edit a symposium issue, the answer was an easy one. For so many of us, this journal feels like home. Choosing a topic was an easy call as well. As it happened, I had recently been asked to write an encyclopedia entry on Critical Race Theory [[CRT] and criminal justice for the Oxford... 2014 Yes
Devon W. Carbado , Daria Roithmayr CRITICAL RACE THEORY MEETS SOCIAL SCIENCE 10 Annual Review of Law and Social Science 149 (2014) critical race theory, social science, critical social science, implicit bias Social science research offers critical race theory (CRT) scholars a useful methodology to advance core CRT claims. Among other things, social science can provide CRT with data and theoretical frameworks to support key empirical claims. Social psychology and sociology in... 2014 Yes
Jean Stefancic DISCERNING CRITICAL MOMENTS: LESSONS FROM THE LIFE OF DERRICK BELL TITLE 75 University of Pittsburgh Law Review 457 (Summer, 2014) Critical race theory seeks to explain the shifting tides of racial fortune. Most of the movement's scholarship concerns history writ large-changes in immigration policy affecting thousands, changes in media images and stereotypes, and alterations of Supreme Court doctrine with respect to proof of discrimination, for example. But it also teaches... 2014 Yes
  ELEMENTARY AND SECONDARY EDUCATION 43 Journal of Law and Education 559 (Fall, 2014) Cynthia Grant Bowman & Elizabeth Brundige, Sexism, Sexual Violence, Sexuality, and the Schooling of Girls in Africa: A Case Study from Lusaka Province, Zambia, 23 Tex. J. Women & L. 37 (2013). In this article, the author describes a study regarding 105 schoolgirls living in Zambia and the obstacles they faced because of their gender. The study... 2014 Yes
Noah Matthew Rich, Editor in Chief FOREWORD 6 Georgetown Journal of Law & Modern Critical Race Perspectives 137 (Fall, 2014) Although most modern laws in the United States are facially neutral, even the most mundane of policy decisions may have disproportionate racial implications. This Issue aims to explore policies in the United States and around the world, viewing them through a Critical Race Theory lens and revealing the racial effects-sometime subtle, sometimes... 2014 Yes
Cynthia Lee HONORING ANGELA HARRIS: A REVIEW OF "GENDER, VIOLENCE, RACE, AND CRIMINAL JUSTICE" 47 U.C. Davis Law Review 1037 (April, 2014) I would like to start by thanking Melissa Murray for inviting me to participate in this celebration of Angela Harris's work on September 27, 2013, at the University of California at Berkeley School of Law. Angela is one of the nation's leading critical race scholars, and is also recognized as one of the nation's preeminent feminist scholars. Her... 2014 Yes
Brandon Paradise HOW CRITICAL RACE THEORY MARGINALIZES THE AFRICAN AMERICAN CHRISTIAN TRADITION 20 Michigan Journal of Race and Law 117 (Fall, 2014) This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact... 2014 Yes
Jasmine B. Gonzales Rose INTRODUCTION 75 University of Pittsburgh Law Review 429 (Summer, 2014) Critical Race Theory is dead. This was the message the Editor-in-Chief of the University of Pittsburgh Law Review received when he approached an advisor about the prospect of commemorating the 75th volume of the Law Review by dedicating a symposium and printed issue in honor of esteemed alumnus, the-late Derrick A. Bell, Jr. (L.L.B. 1957). Moved... 2014 Yes
  INTRODUCTION BY THE EDITORS 112 Michigan Law Review First Impressions 56 (January, 2014) This Essay opens a Symposium honoring the contribution of Mari Matsuda to American legal scholarship. The first Asian American female to gain tenure at a U.S. law school, she helped establish a scholarly movement--critical race theory--that reshaped several academic disciplines. She also was the first to propose a new perspective--looking to the... 2014 Yes
Sudha Setty TARGETED KILLINGS AND THE INTEREST CONVERGENCE DILEMMA 36 Western New England Law Review 169 (2014) In the 1980s, Professor Derrick Bell posited a theory of interest convergence as part of his critical race theory work, arguing that the major strides forward in civil rights law and policy that benefited African Americans in the 1950s and 1960s only occurred because of the perceived benefits of those changes to white elites during that time. In... 2014 Yes
Richard Delgado THE TRAYVON MARTIN TRIAL - TWO COMMENTS AND AN OBSERVATION 47 John Marshall Law Review 1371 (Summer, 2014) I. Introduction: Doctrinal and Critical Analysis, Better Together Than Either Alone. 1371 A. Charging a less serious offense coupled with felony murder.. 1372 B. Jury Nullification. 1373 II. Conclusion. 1375 2014 Yes
Molly A. Schiffer WOMEN OF COLOR AND CRIME: A CRITICAL RACE THEORY PERSPECTIVE TO ADDRESS DISPARATE PROSECUTION 56 Arizona Law Review 1203 (2014) This Note seeks to acknowledge, explain, and offer a remedy to the problem of disparate prosecution of women of color. Women of color are disproportionately arrested and prosecuted for felonies around the country, and are overrepresented in the criminal justice system compared to their white women counterparts. Black and Native women are prosecuted... 2014 Yes
Alfredo Mirandé "LIGHT BUT NOT WHITE": A RACE/PLUS MODEL OF LATINA/O SUBORDINATION 12 Seattle Journal for Social Justice 947 (Spring, 2014) This paper grew out of the LatCrit Conference held in Chicago, Illinois, on October 3rd through 5th in 2013, the theme of which was Resistance Rising: Theorizing and Building Cross-Sector Movements. The subject of the paper, however, extends well beyond the conference theme and falls within the first of five standing guideposts for LatCrit... 2014  
Patience A. Crowder (SUB)URBAN POVERTY AND REGIONAL INTEREST CONVERGENCE 98 Marquette Law Review 763 (Winter, 2014) Poverty has expanded from America's urban cores to its inner and outer suburban rings. In the midst of spreading hardship, new opportunities for confronting questions of regional equity are emerging, such as how best to govern our regional spaces for the benefit of all regional constituents, including the poor, middle class, and affluent. To date,... 2014  
Jennifer Sumi Kim A FATHER'S RACE TO CUSTODY: AN ARGUMENT FOR MULTIDIMENSIONAL MASCULINITIES FOR BLACK MEN 16 Berkeley Journal of African-American Law & Policy 32 (2014) This Article applies masculinities theory to custody proceedings in family court and, in particular, applies the theory of bipolar black masculinity to black fathers. This Article explores the two extreme images of black men: 1) the default image of the excessively masculine Bad Black Man, who is seen as animalistic, inherently criminal, and... 2014  
Camille Gear Rich ACCORDING TO OUR HEARTS: RHINELANDER V. RHINELANDER AND THE LAW OF THE MULTIRACIAL FAMILY. BY ANGELA ONWUACHI-WILLIG. NEW HAVEN, CONN.: YALE UNIVERSITY PRESS. 2013. PP. 325. $38.00. 127 Harvard Law Review 1341 (March, 2014) Angela Onwuachi-Willig's provocative book According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family seems tailor-made for the current cultural moment. The book arrives on the heels of the reelection of our first mixed-race President. It arrives in the midst of a media blitz that favorably presents mixed-race couples... 2014  
Rodolfo D. Saenz ANOTHER SORT OF WALL-BUILDING: HOW CRIMMIGRATION AFFECTS LATINO PERCEPTIONS OF IMMIGRATION LAW 28 Georgetown Immigration Law Journal 477 (Winter, 2014) The increased criminalization of immigration law has resulted in a number of problems that directly affect Latinos. For example, Latinos currently account for the vast majority of individuals detained in immigration detention and removed from the country. Furthermore, Latinos are the largest racial group sentenced to federal prison, and immigration... 2014  
Sheri Lynn Johnson BATSON FROM THE VERY BOTTOM OF THE WELL: CRITICAL RACE THEORY AND THE SUPREME COURT'S PEREMPTORY CHALLENGE JURISPRUDENCE 12 Ohio State Journal of Criminal Law 71 (Fall, 2014) Black people are the magical faces at the bottom of society's well. Even the poorest whites, those who must live their lives only a few levels above, gain their self-esteem by gazing down on us. Surely, they must know that their deliverance depends on letting down their ropes. Only by working together is escape possible. Over time, many reach out,... 2014  
Ashley C. Harrington BATSON VERSUS STRICKLAND: EVALUATING INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS RESULTING FROM THE FAILURE TO OBJECT TO RACE-BASED PEREMPTORY CHALLENGES 89 New York University Law Review 1006 (June, 2014) This Note evaluates the convergence of the standards articulated in Batson v. Kentucky and those of Strickland v. Washington. Specifically, how can a defendant demonstrate actual prejudice as a result of defense counsel's failure to challenge the prosecutor's discriminatory use of peremptory strikes? Lower courts have differed over whether the test... 2014  
Francisco Valdes BREAKING GLASS: IDENTITY, COMMUNITY AND EPISTEMOLOGY IN THEORY, LAW AND EDUCATION 47 U.C. Davis Law Review 1065 (April, 2014) Not until nearly the end of the twentieth century did the nation and world begin to witness the real and substantive losses sustained by generations of excluding women of color from the U.S. legal professoriate. Those were extraordinary times--heady, sometimes heavy--with a new zest in the U.S. legal academy and its knowledge-production... 2014  
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