AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Robert S. Chang WILL LGBT ANTIDISCRIMINATION LAW FOLLOW THE COURSE OF RACE ANTIDISCRIMINATION LAW? 100 Minnesota Law Review 2103 (May, 2016) On June 26, 2015, the United States Supreme Court in Obergefell v. Hodges made marriage equality the law of the land. In this ruling, the Court burnished its reputation as an institution that safeguards civil rights for all. Consider the Court's opening line in Obergefell: The Constitution promises liberty to all within its reach, a liberty that... 2016  
Lindsay Pérez Huber "COMO UNA JAULA DE ORO" (IT'S LIKE A GOLDEN CAGE): THE IMPACT OF DACA AND THE CALIFORNIA DREAM ACT ON UNDOCUMENTED CHICANAS/LATINAS 33 Chicana/o-Latina/o Law Review 91 (2015) This study utilizes a Latina/o Critical Theory (LatCrit) framework to examine how undocumented and formerly undocumented Chicana/Latina college graduates are impacted by the California DREAM Act (Development, Relief and Education for Alien Minors Act, S 1291) and DACA (Deferred Action for Childhood Arrivals), recent state and federal policies meant... 2015  
Tonya L. Brito , David J. Pate, Jr. , Jia-Hui Stefanie Wong "I DO FOR MY KIDS": NEGOTIATING RACE AND RACIAL INEQUALITY IN FAMILY COURT 83 Fordham Law Review 3027 (May, 2015) Socio-legal scholarship examining issues of access to justice is currently experiencing a renaissance. Renewed inquiry into this field is urgently needed. Studies confirm that only 20 percent of the legal needs of low-income communities are met and that the vast majority of unrepresented litigants are low income, creating what some call a justice... 2015  
Waleska Suero "WE DON'T THINK OF IT AS SEXUAL HARASSMENT": THE INTERSECTION OF GENDER & ETHNICITY ON LATINAS' WORKPLACE SEXUAL HARASSMENT CLAIMS 33 Chicana/o-Latina/o Law Review 129 (2015) [T]hat's right, we don't think of it as sexual harassment . In the workplace, sexual harassment is broadly defined as the making of unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Workplace sexual harassment may arise as a single occurrence where sexual favors are demanded in... 2015  
Bryan Scott Ryan ALLEVIATING OWN-RACE BIAS IN CROSS-RACIAL IDENTIFICATIONS 8 Washington University Jurisprudence Review 115 (2015) Over the past 80 years, courts, social scientists, and legal scholars have come to agree that eyewitness testimony is largely unreliable due to a variety of confounding factors. One prominent factor that makes eyewitness testimony faulty is own-race bias; individuals are generally better at recognizing members of their own race and tend to be... 2015  
Frank Rudy Cooper ALWAYS ALREADY SUSPECT: REVISING VULNERABILITY THEORY 93 North Carolina Law Review 1339 (June, 2015) Martha Fineman proposes a post-identity vulnerability approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people's burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural... 2015  
Mario L. Barnes CRIMINAL JUSTICE FOR THOSE (STILL) AT THE MARGINS--ADDRESSING HIDDEN FORMS OF BIAS AND THE POLITICS OF WHICH LIVES MATTER 5 UC Irvine Law Review 711 (November, 2015) Americans believe in the reality of race as a defined, indubitable feature of the natural world. Racism--the need to ascribe bone-deep features to people and then humiliate, reduce, and destroy them--inevitably follows from this inalterable condition. In this way, racism is rendered as the innocent daughter of Mother Nature, and one is left to... 2015  
Nicole Gonzalez Van Cleve , Lauren Mayes CRIMINAL JUSTICE THROUGH "COLORBLIND" LENSES: A CALL TO EXAMINE THE MUTUAL CONSTITUTION OF RACE AND CRIMINAL JUSTICE 40 Law and Social Inquiry 406 (Spring, 2015) A central paradox defines the scholarship of criminal justice and race: while racial disparities manifest throughout the criminal justice system, it is often portrayed as raceneutral. We identify two central paradigm shifts: one in penology (that focuses on risk) and one in racial ideology (that focuses on colorblindness) that create a perfect... 2015  
Alina S. Ball DISRUPTIVE PEDAGOGY: INCORPORATING CRITICAL THEORY IN BUSINESS LAW CLINICS 22 Clinical Law Review 1 (Fall 2015) The discourse of business law clinics, which extensively emphasizes their value in practical skills training, can obscure the intellectual contributions of business law clinicians within the legal academy. As the number of business law clinics across the country increases, clinical education literature must incorporate a deeper understanding of the... 2015  
Shannon Gilreath EXAMINING CRITICAL RACE THEORY: OUTSIDER JURISPRUDENCE AND HIV/AIDS--A PERSPECTIVE ON DESIRE AND POWER 33 Law & Inequality: A Journal of Theory and Practice 371 (Summer, 2015) I am delighted to be part of this symposium celebrating Professor Delgado's fortieth year in teaching law. I've said before that I rarely look for heroes in the academy, primarily because I've found it to be a disappointing search. Something about careerism, or the sadomasochistic march to tenure, or both, makes it a disappointing search. But there... 2015  
Meera E. Deo FACULTY INSIGHTS ON EDUCATIONAL DIVERSITY 83 Fordham Law Review 3115 (May, 2015) Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation... 2015  
Kimani Paul-Emile FOREWORD: CRITICAL RACE THEORY AND EMPIRICAL METHODS CONFERENCE 83 Fordham Law Review 2953 (May, 2015) Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members... 2015  
Guy-Uriel E. Charles , Luis E. Fuentes-Rohwer FOREWORD: REFLECTIONS ON OUR FOUNDING 20 Michigan Journal of Race and Law 245 (Spring, 2015) Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the disconnect between the academy and... 2015  
Angela P. Harris FROM PRECARITY TO POSITIVE FREEDOM: CLASSCRITS AT SEVEN CLASSCRITS VII SYMPOSIUM INTRODUCTION 44 Southwestern Law Review 621 (2015) The seventh ClassCrits conference, which took place November 14-15, 2014, was sponsored by the University of California - Davis School of Law and entitled Poverty, Precarity, and Work: Struggle and Solidarity in an Era of Permanent (?) Crisis. The Southwestern Law Review has kindly agreed to publish a selection of the papers presented at that... 2015  
David Stovall GUEST FEATURE ARTICLE THE FIGHT THAT MUST BE FOUGHT: REFLECTIONS ON RACE, SCHOOL, STRUGGLE AND SACRIFICE ON THE SOUTH SIDE OF CHICAGO 21 Public Interest Law Reporter 78 (Fall 2015) The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and... 2015  
Donna H. Lee INTIMATE PARTNER VIOLENCE AGAINST ASIAN AMERICAN WOMEN: MOVING FROM THEORY TO STRATEGY 28 Columbia Journal of Gender and Law 315 (2015) Despite theoretical advances in understanding intimate partner violence (IPV), practical strategies for addressing the destruction it wreaks on individuals, families, and communities have stagnated. Criminal prosecutions of domestic violence, legal services to help IPV survivors obtain civil orders of protection, emergency shelters, and social... 2015  
Tamar R. Birckhead , Katie Rose Guest Pryal INTRODUCTION 93 North Carolina Law Review 1211 (June, 2015) The News and Observer (Raleigh, N.C.) recently reported that, on a national scale, studies estimate between 15 and 20 percent of jail and prison inmates have a serious mental illness. However, due to lack of state and federal resources and a punitive, rather than treatment-oriented approach to misconduct, the mentally ill are often incarcerated... 2015  
Roy L. Brooks , Kelly C. Smith JURIDICAL SUBORDINATION 52 San Diego Law Review 825 (November 1, 2015) Introduction. 826 I. The Spirit of Brown. 828 A. Supreme Court's Inglorious Racial History. 828 1. Dred Scott v. Sandford. 832 2. United States v. Cruikshank. 834 3. United States v. Reese. 837 4. The Civil Rights Cases. 840 5. Plessy v. Ferguson. 844 6. Williams v. Mississippi. 846 7. Giles v. Harris. 847 B. Moving Toward Redemption. 849 1.... 2015  
Charles R. Lawrence III , Featuring a Poem by Kathy Jetnil-Kijiner LOCAL KINE IMPLICIT BIAS: UNCONSCIOUS RACISM REVISITED (YET AGAIN) 37 University of Hawaii Law Review 457 (Spring, 2015) In 1987, I introduced the idea that anti-discrimination law should take cognizance of unconscious bias in an article titled The Id, The Ego and Equal Protection: Reckoning with Unconscious Racism. I argued that the purposeful intent requirement found in Supreme Court equal protection doctrine and in the Court's interpretation of anti-discrimination... 2015  
L. Song Richardson POLICE RACIAL VIOLENCE: LESSONS FROM SOCIAL PSYCHOLOGY 83 Fordham Law Review 2961 (May, 2015) The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island,... 2015  
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  
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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