| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Steven L. Nelson , Ray Orlando Williams |
FROM SLAVE CODES TO EDUCATIONAL RACISM: URBAN EDUCATION POLICY IN THE UNITED STATES AS THE DISPOSSESSION, CONTAINMENT, DEHUMANIZATION, AND DISENFRANCHISEMENT OF BLACK PEOPLES |
19 Journal of Law in Society 82 (Spring, 2019) |
In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in... |
2019 |
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| Anna Spain Bradley |
HUMAN RIGHTS RACISM |
32 Harvard Human Rights Journal 1 (Spring, 2019) |
International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law's impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world... |
2019 |
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| Angel E. Sanchez |
IN SPITE OF PRISON |
132 Harvard Law Review 1650 (April, 2019) |
How does a former gang-banging, gun-toting Latino serving a thirty-year prison sentence, the product of an elderly uneducated immigrant father and a drug-addicted mother, go from a prison cell to law school? It was not because of prison, but in spite of it. The prosecutor is offering you a plea deal of seven years in juvenile prison, and if you... |
2019 |
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| Marja K. Plater, Esq. |
IN SPITE OF THE ODDS: ACHIEVING EDUCATIONAL STABILITY FOR MARYLAND'S AFRICAN AMERICAN FOSTER YOUTH |
39 Children's Legal Rights Journal 88 (2019) |
Access to appropriate public education in the United States has been an ongoing societal issue since its inception. The inherent racial inequalities in public education have been brought to light repeatedly over the years and are highlighted in Brown v. Board of Education. The policy shift in viewing education as a civil right, and thus an issue of... |
2019 |
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| Julie J. Park |
INTEREST CONVERGENCE, NEGATIVE ACTION, AND SFFA vs. HARVARD |
26 Asian American Law Journal 13 (2019) |
I. Interest Convergence: The Full Realization. 13 II. The Complexities of Negative Action in 2018. 16 III. Concluding Thoughts. 18 |
2019 |
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| Devon W. Carbado , Cheryl I. Harris |
INTERSECTIONALITY AT 30: MAPPING THE MARGINS OF ANTI-ESSENTIALISM, INTERSECTIONALITY, AND DOMINANCE THEORY |
132 Harvard Law Review 2193 (June, 2019) |
2019 marks thirty years since the publication of Kimberlé Crenshaw's groundbreaking article, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics. While scholars across the disciplines have engaged intersectionality from a range of theoretical and... |
2019 |
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| Daanika Gordon , Emma Shakeshaft |
LINKING RACIAL CLASSIFICATION, RACIAL INEQUALITY, AND RACIAL FORMATION: THE CONTRIBUTIONS OF PULLED OVER |
44 Law and Social Inquiry 257 (February, 2019) |
Epp, Charles, Steven Maynard-Moody, and Donald Haider-Markel. Pulled Over: How Police Stops Define Race and Citizenship. Chicago: University of Chicago Press, 2014. Pulled Over: How Police Stops Define Race and Citizenship, by Charles R. Epp, Steven Maynard-Mood, and Donald Haider-Markel, is an important piece of law and society scholarship that... |
2019 |
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| Richard Delgado |
METAMORPHOSIS: A MINORITY PROFESSOR'S LIFE |
53 U.C. Davis Law Review Online 1 (July, 2019) |
This article is a dark, semi-autobiographical takeoff on a famous novel by Franz Kafka. I use the predicament of Gregor, the central character in The Metamorphosis, as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law. It proceeds in a series of 37 short vignettes told in the course... |
2019 |
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| David Hòa Khoa Nguy<>n |
NATIVISM IN IMMIGRATION: THE RACIAL POLITICS OF EDUCATIONAL SANCTUARIES |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 102 (Spring, 2019) |
While comprehensive immigration reform--specifically the DREAM Act -- has yet to be passed and implemented, President Obama's Deferred Action for Childhood Arrivals (DACA) has opened access and opportunities for undocumented students. However, the election of President Donald Trump has sparked contentious political, societal, and litigious debates,... |
2019 |
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| Chan Tov McNamarah |
ON THE BASIS OF SEX(UAL ORIENTATION OR GENDER IDENTITY): BRINGING QUEER EQUITY TO SCHOOL WITH TITLE IX |
104 Cornell Law Review 745 (March, 2019) |
A transgender fourth-grader's teacher refuses to address her by her preferred name and gender. A lesbian high-school student's sexual education class does not teach her about topics relevant to her experience as a queer woman. A gay male college student's campus does not have LGBT-specific post-sexual assault care. Under a formal equality approach... |
2019 |
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| Otis Grant |
POWER MATTERS: POWER CONFIGURATION AND THE DEATH OF AMERICAN LAW |
26 Cardozo Journal of Equal Rights & Social Justice 1 (Fall, 2019) |
C1-2TABLE OF CONTENTS I. Introduction. 1 II. Rawls, Locke and the Tradition of American Justice. 4 III. Institutionalism and the Seperation of Power. 6 A. Constitutional Structure. 7 B. The Judicial Branch. 8 C. Legislative Branch. 11 IV. Power. 12 V. Authority is not the Same as Power. 14 VI. Power Configuration. 19 A. Power Configuration is... |
2019 |
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| Yuvraj Joshi |
RACIAL INDIRECTION |
52 U.C. Davis Law Review 2495 (June, 2019) |
Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed--and may continue to allow--efforts to desegregate America's universities. By analyzing the Supreme Court's affirmative action cases, the Article shows how specific... |
2019 |
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| Monika Batra Kashyap |
REBELLIOUS REFLECTION: SUPPORTING COMMUNITY LAWYERING PRACTICE |
43 New York University Review of Law and Social Change 403 (2019) |
This Article contends that lawyers who are trained in the skill of reflection are better equipped to engage in a social change-oriented approach to law practice called community lawyering. By conceptualizing reflection as a contemplative pedagogy, this Article will reveal a profound connection between community lawyering, reflection, and the... |
2019 |
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| Harvey Gee |
STINGRAY CELL-SITE SIMULATOR SURVEILLANCE AND THE FOURTH AMENDMENT IN THE TWENTY-FIRST CENTURY: A REVIEW OF THE FOURTH AMENDMENT IN AN AGE OF SURVEILLANCE, AND UNWARRANTED BARRY FRIEDMAN, UNWARRANTED: POLICING WITHOUT PERMISSION, NEW YORK: FARRAR, STRAUSS |
93 Saint John's Law Review 325 (2019) |
The police can secretly track your every physical movement, listen to your private conversations, and collect data from your cell phone--all without first getting a warrant based on probable cause, signed off by a judge. WTF?! you text. Indeed, this practice by law enforcement using portable Stingray cell-site simulators as digital surveillance... |
2019 |
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| Roy L. Brooks |
SUBORDINATION DISCOURSE: A CRITIQUE OF TRUMP'S DIVERSITY MODEL |
4 University of Pennsylvania Journal of Law & Public Affairs 203 (January, 2019) |
Introduction. 203 I. Trump's Diversity Model. 209 A. Jobs. 209 B. Education. 210 II. A Framework for the Post-Jim Crow Race Problem. 212 A. Post-Civil Rights Norms. 212 B. Subordination Discourse. 215 III. Critique of Trump's Diversity Model. 218 A. Jobs. 218 B. Education. 226 Conclusion. 232 |
2019 |
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| Bridget J. Crawford |
TAX TALK AND REPRODUCTIVE TECHNOLOGY |
99 Boston University Law Review 1757 (September, 2019) |
The tax system both reacts to and helps create attitudes about the value of certain behaviors and choices. This Article makes three principal claims--one empirical, one normative, and one interpretative. The Article demonstrates through data that a representative sample of fertility clinics in the United States does not make information about the... |
2019 |
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| André Douglas Pond Cummings |
TEACHING SOCIAL JUSTICE THROUGH "HIP HOP AND THE LAW" |
42 North Carolina Central Law Review 3 (2019) |
This article queries whether it is possible to teach law students about social justice through a course on hip hop and its connection to and critique of the law. We argue, in these dedicated pages of the North Carolina Central Law Review, that yes, hip hop and the law offer an excellent opportunity to teach law students about social justice. But,... |
2019 |
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| Melvin J. Kelley IV |
TESTING ONE, TWO, THREE: DETECTING AND PROVING INTERSECTIONAL DISCRIMINATION IN HOUSING TRANSACTIONS |
42 Harvard Journal of Law & Gender 301 (Summer, 2019) |
A review of the past fifty years has generated a consensus that the federal Fair Housing Act (FHA), also known as Title VIII, has fared far less well in addressing discrimination than its counterpart in employment, Title VII. Included among these failings is the relative dearth of intersectionality theory in fair housing jurisprudence. While courts... |
2019 |
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| Elizabeth B. Cooper |
THE APPEARANCE OF PROFESSIONALISM |
71 Florida Law Review 1 (January, 2019) |
The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of outsider lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ... |
2019 |
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| Christopher Griffin |
THE CELIA DOCTRINE: A NEW DEFENSE AGAINST THE CRIMINALIZATION OF RAPE VICTIMS |
43 Journal of the Legal Profession 251 (Spring, 2019) |
Introduction. 251 I. State of Missouri v. Celia. 252 II. State of Tennessee v. Cyntoia. 255 III. Celia & Cyntoia. 259 IV. What is the Celia Doctrine?. 262 V. Application of the Celia Doctrine. 263 VI. Cyntoia Today. 264 VII. Clemency. 266 Conclusion. 268 |
2019 |
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| Jyoti Nanda |
THE CONSTRUCTION AND CRIMINALIZATION OF DISABILITY IN SCHOOL INCARCERATION |
9 Columbia Journal of Race and Law 265 (2019) |
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized... |
2019 |
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| Milan Markovic , Gabriele Plickert |
THE PARADOX OF MINORITY ATTORNEY SATISFACTION |
60 International Review of Law & Economics 1 (December, 2019) |
Article history: Received 17 June 2019 Received in revised form 13 September 2019 Accepted 14 September 2019 Available online 27 September 2019 Keywords: Satisfaction Minority attorneys Ordered logit regression A substantial literature documents the challenges faced by minority attorneys in the legal profession, ranging from underrepresentation in... |
2019 |
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| Todd J. Clark |
THE TAKEOVER: HIP HOP'S EVOLUTION AND INFLUENCE IN THE LAW SCHOOL CLASSROOM |
42 North Carolina Central Law Review 51 (2019) |
When I was asked to write this article, I was reminded of a question asked at the beginning of the movie Brown Sugar--a movie which is often regarded as one of the most iconic films in urban, as well as hip hop, culture. The question: So, when did you fall in love with hip hop? is answered by rappers Kool G. Rap, Russell Simmons, Black Thought,... |
2019 |
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| Teri A. McMurtry-Chubb |
THERE ARE NO OUTSIDERS HERE |
16 Legal Communication & Rhetoric: JALWD 1 (Fall, 2019) |
On September 27, 2018, Dr. Christine Blasey Ford testified before the Senate Judiciary Committee about then Supreme Court Nominee Judge Brett Kavanaugh's alleged assault of her 36 years earlier. Rifts soon occurred along partisan and gender lines, with those supporting Judge Kavanaugh on one side of the divide and those supporting Dr. Blasey Ford... |
2019 |
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| Mari J. Matsuda |
THIS IS (NOT) WHO WE ARE: KOREMATSU, CONSTITUTIONAL INTERPRETATION, AND NATIONAL IDENTITY |
128 Yale Law Journal Forum 657 (January 30, 2019) |
abstract. This Essay argues that we are at a critical moment in the project of constitutional interpretation. Our choice to expand or contract our notion of rights implicates our survival as a species, as growing wealth inequality, globalized neofascism, and climate chaos loom. Asserting the continued usefulness of legal claims, the author asks a... |
2019 |
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| Puja Kapai |
UNDUE INFLUENCE AND UNCONSCIONABILITY IN COMPARATIVE COMMON LAW: DELIVERING CONTEXTUALIZED JUSTICE FOR MINORITY SURETIES |
28 Transnational Law & Contemporary Problems 363 (Spring, 2019) |
Legal transplantation through colonization, mass migration, and--more recently--globalization has long been under the microscope of scholars, anthropologists, and lawyers, among others, who have sought to better understand the workings of the law in contexts foreign to its place of origin. This quest for understanding the relevance and... |
2019 |
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| Mario L. Barnes |
WE WILL TURN BACK?: ON WHY REGENTS OF THE UNIVERSITY OF CALIFORNIA v. BAKKE MAKES THE CASE FOR ADOPTING MORE RADICALLY RACE-CONSCIOUS ADMISSIONS POLICIES |
52 U.C. Davis Law Review 2265 (June, 2019) |
C1-3Table of Contents L1-2Introduction . L32267 I. The Problems of Fact and Analysis in Justice Powell's Plurarity Opinion. 2273 A. Understanding the Bakke Case Through the Lens of Its Very Bad Facts. 2274 B. The Tie Between Very Bad Facts and Justice Powell's Unhinged Analysis. 2276 II. We Will Turn Back?: Bakke's Legacy as a Justification... |
2019 |
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| Yxta Maya Murray |
WHAT FEMA SHOULD DO AFTER PUERTO RICO: TOWARD CRITICAL ADMINISTRATIVE CONSTITUTIONALISM |
72 Arkansas Law Review 165 (2019) |
The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA's failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the... |
2019 |
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| Ann M. Aviles , David O. Stovall |
WHEN "CLASS" EXPLANATIONS DON'T CUT IT: SPECTERS OF RACE, HOUSING INSTABILITY, AND EDUCATION POLICY |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 166 (Spring, 2019) |
Race also matters because of persistent racial inequality in society-- inequality that cannot be ignored and that has produced stark socioeconomic disparities .. And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he... |
2019 |
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| David Simson |
WHITENESS AS INNOCENCE |
96 Denver Law Review 635 (Spring, 2019) |
Current antidiscrimination law is exceedingly hostile to the project of race-conscious remediation--the conscious use of race to mitigate America's persistent racial hierarchy. This Article argues that this broad hostility can be traced in significant part to what I call Whiteness as Innocence ideology. This ideology is a system of legal... |
2019 |
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| Spencer Bradley |
WHOSE MARKET IS IT ANYWAY? A PHILOSOPHY AND LAW CRITIQUE OF THE SUPREME COURT'S FREE-SPEECH ABSOLUTISM |
123 Dickinson Law Review 517 (Winter, 2019) |
In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment's marketplace of ideas has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference... |
2019 |
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| Kenneth B. Nunn |
"ESSENTIALLY BLACK": LEGAL THEORY AND THE MORALITY OF CONSCIOUS RACIAL IDENTITY |
97 Nebraska Law Review 287 (2018) |
In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the... |
2018 |
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| Corey Stone |
16 GOING ON 30: A CRITICISM OF IOWA'S "REVERSE WAIVER" STATUTE |
21 Journal of Gender, Race and Justice 459 (Winter, 2018) |
I. Introduction. 459 II. Background. 460 A. Constitutionality. 461 1. Solitary Confinement. 463 B. Superpredators and Race. 463 1. Concerning State-Level Data. 465 2. Iowa Comports with the National Trend. 466 3. The Link Between Racism and Juvenile Sentencing. 467 4. Implicit Bias and Juvenile Justice. 468 C. Effectiveness. 470 III. Analysis.... |
2018 |
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| Benjamin Mitchell-Yellin, Sam Houston State University, bmy@shsu.edu |
A VIEW OF RACISM |
13 Journal of Ethics & Social Philosophy 53 (March, 2018) |
The election of Donald J. Trump as the forty-fifth president of the United States has reinvigorated the American left's interest in combating racism in a way not seen since perhaps the Civil Rights Movement of the 1950s and 1960s. Trump's campaign rhetoric full of dog whistles gave way to an administration constituted by troubling people enacting... |
2018 |
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| Monica Bell , Tanya K. Hernández , Solangel Maldonado , Rachelle Perkins , Chantal Thomas , Moderated by Olatunde Johnson , Introduction by Elise Lopez |
ADVOCACY IN IDEAS: LEGAL EDUCATION AND SOCIAL MOVEMENTS |
36 Columbia Journal of Gender and Law 40 (2018) |
Elise Lopez [EL]: Thank you all for attending our conference. I want to thank the conference chairs and all of our Empowering Women of Color (EWOC) team for putting together this incredible event. I hope you all are, and continue to be, inspired as I have been throughout the day. We have one more amazing panel, entitled Advocacy in Ideas: Legal... |
2018 |
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| Elizabeth Mertz , Cynthia Grant Bowman |
BALANCED JUDICIAL REALISM IN THE SERVICE OF JUSTICE: JUDGE RICHARD D. CUDAHY |
67 DePaul Law Review 655 (Summer, 2018) |
There is a quiet irony to be found in scholarly writings about the judiciary, which often center around high-profile jurists selected as the great judges. But there are great judges who do not receive or even want such widespread recognition, and who do not discuss their philosophy of judging--they simply focus on the job in front of them. Judges... |
2018 |
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| Emmanuel Mauleón |
BLACK TWICE: POLICING BLACK MUSLIM IDENTITIES |
65 UCLA Law Review 1326 (June, 2018) |
In a political moment that includes various iterations of a Muslim Ban, and a resurgent mainstreaming of white nationalism, race and religion clearly remain hotly contested in American life. And yet, in much of the recent scholarship and public debate on these issues, the intersecting experiences of Black Muslims are often elided, if not entirely... |
2018 |
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| Ann Kennedy |
CHRONIC HARM |
25 William and Mary Journal of Race, Gender, and Social Justice 131 (Fall, 2018) |
Introduction I. Reproductive Justice and the Anti-archive II. Chronic Harm: Reproductive Justice and the Exploitation of Care Labor In this Article, I argue that critical race feminism provides a lens for dismantling the current system of U.S. laws that regulate labor and reproduction, a set of laws that are often represented as unrelated race- and... |
2018 |
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| Susan Ayres |
CLAUDIA RANKINE'S CITIZEN: DOCUMENTING AND PROTESTING AMERICA'S HALTING MARCH TOWARD RACIAL JUSTICE AND EQUALITY |
9 Alabama Civil Rights & Civil Liberties Law Review 213 (2018) |
Introduction. 214 I. Citizen as Protest Poetry in a Documentary and Epideictic Mode. 219 A. Documentary Poetry. 222 B. Epideictic Discourse--Does Poetry Matter?. 225 II. Racism and the Racial Imaginary: Microaggressions and Major Moments. 228 A. The Racial Imaginary. 229 B. Examples of Racism in Citizen--Call Out Racism When You See It. 237... |
2018 |
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| Kate Sablosky Elengold |
CLUSTERED BIAS |
96 North Carolina Law Review 457 (January, 2018) |
Agencies, advocates, and courts regularly and repeatedly fail plaintiffs who have experienced intersectional discrimination based on more than one personal identity trait. Nearly thirty years after intersectionality theory was first introduced to legal scholarship, however, its insights have yet to be effectively integrated into antidiscrimination... |
2018 |
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| Twila L. Perry |
CONSCIOUS AND STRATEGIC REPRESENTATIONS OF RACE: PRINCE, MUSIC, BLACK LIVES, AND RACE SCHOLARSHIP |
27 Southern California Interdisciplinary Law Journal 549 (Spring, 2018) |
Prince has often been described in the media as an artist who transcended barriers of race, gender and music genre. However, the context of race has received much less attention than the contexts of gender and music. Although discussions of Prince in the media have seldom focused on his racial identity as an African-American, an examination of... |
2018 |
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| Cheryl L. Wade |
CORPORATE COMPLIANCE THAT ADVANCES RACIAL DIVERSITY AND JUSTICE AND WHY BUSINESS DEREGULATION DOES NOT MATTER |
49 Loyola University Chicago Law Journal 611 (Spring, 2018) |
This Essay considers the problem of racial harassment and discrimination in the aftermath of the recent and more thorough discussion about gender inequality. It begins by explaining the inadequacies of the SEC Board Diversity Rules and Section 342. It then describes the reasons why, despite these inadequacies, more regulation relating to... |
2018 |
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| Steven L. Nelson, J.D., Ph.D. , University of Memphis |
COULD THE STATE TAKEOVER OF PUBLIC SCHOOLS CREATE A STATE-CREATED DANGER? THEORIZING AT THE INTERSECTION OF STATE TAKEOVER DISTRICTS, THE SCHOOL-TO-PRISON PIPELINE, AND RACIAL OPPRESSION |
27 National Black Law Journal 1 (2017-2018) |
Federal courts have consistently rejected plaintiffs' arguments that the government is liable when citizens suffer injuries at the hands of private third parties. In the context of education, there are few cases where federal courts have held that schools are liable for the injuries that students incur at the hands of private third parties. This... |
2018 |
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| Jason M. Shepard , Kathleen B. Culver |
CULTURE WARS ON CAMPUS: ACADEMIC FREEDOM, THE FIRST AMENDMENT, AND PARTISAN OUTRAGE IN POLARIZED TIMES |
55 San Diego Law Review 87 (Winter, 2018) |
C1-2Table of Contents I. Introduction. 88 II. Classrooms Going Viral: A New Phenomenon. 92 A. OCC Case: From the Classroom to National News. 92 B. New Technologies and Unintended Consequences. 96 C. The Conservative Media's Outrage Machine. 100 III. Academic Freedom Law. 106 A. OCC Case: Legal Issues Presented. 106 B. Campus Polarization Over... |
2018 |
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| Kim E. Clark |
DEMARGINALIZING THE INTERSECTION OF SPIRITUALITY AND LAW: OPPOSITIONAL CULTURAL PRACTICE™ THEORY, SELF-TRANSCENDENCE, AND SOCIAL CHANGE |
40 Western New England Law Review 225 (2018) |
This Article works toward a theory of self-transcendence that leads to social change. The Maslow self-transcendence hypothesis is reformulated. The old hypothesis, when applied to self-transcendence in humans, has two major problems: (1) it posits an erasure of the Self that was motivated to achieve the self-actualization state, i.e., the... |
2018 |
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| Bryant G. Garth , Joyce S. Sterling |
DIVERSITY, HIERARCHY, AND FIT IN LEGAL CAREERS: INSIGHTS FROM FIFTEEN YEARS OF QUALITATIVE INTERVIEWS |
31 Georgetown Journal of Legal Ethics 123 (Winter, 2018) |
This article focuses on change and continuity in how the legal profession provides opportunity for women and minorities. It begins by discussing a provocative photograph of diverse elite lawyers on the golf course as a symbol of the requirement to fit in the work settings of the legal profession. It is the first article based on three waves... |
2018 |
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| Susan K. Serrano |
ELEVATING THE PERSPECTIVES OF U.S. TERRITORIAL PEOPLES: WHY THE INSULAR CASES SHOULD BE TAUGHT IN LAW SCHOOL |
21 Journal of Gender, Race and Justice 395 (Winter, 2018) |
I. Introduction. 395 II. The Insular Cases in Socio-Historical Context. 402 A. Downes v. Bidwell and the Doctrine of Territorial Incorporation. 404 B. Balzac v. Porto Rico and the Aftermath of the Insular Cases. 409 C. Ongoing Impacts of the Doctrine of Territorial Incorporation. 411 III. The Insular Cases in the Law School Curriculum: An Overview.... |
2018 |
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| Randall O. Westbrook |
ELUSIVE QUEST: REFLECTING ON BELL AND BROWN |
34 Harvard Journal on Racial & Ethnic Justice 117 (Spring, 2018) |
This Comment seeks to examine and discuss the legacy of law professor Derrick A. Bell, Jr. and his unique approach to addressing issues of education, race and social justice. More specifically, this Comment will discuss the role his groundbreaking articles, essays, and books played in providing fresh and often controversial perspectives about legal... |
2018 |
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| Katie Kelly |
ENFORCING STEREOTYPES: THE SELF-FULFILLING PROPHECIES OF U.S. IMMIGRATION ENFORCEMENT |
66 UCLA Law Review Discourse 36 (2018) |
U.S. immigration law was built on a foundation of systemic white supremacy. While a brief historical analysis of immigration laws in the United States illustrates a shift from explicitly racial to race-neutral language, the effects of the originally race-restrictive provisions in immigration law continue to be felt today. This Article illustrates... |
2018 |
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| Paul Butler |
EQUAL PROTECTION AND WHITE SUPREMACY |
112 Northwestern University Law Review 1457 (2018) |
Abstract--The project of using social science to help win equal protection claims is doomed to fail if its premise is that the Supreme Court postMcCleskey just needs more or better evidence of racial discrimination. Everyone-- including the Justices of the Court--already knows that racial discrimination is endemic in the criminal justice system.... |
2018 |
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