| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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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| Bennett Capers |
EVIDENCE WITHOUT RULES |
94 Notre Dame Law Review 867 (December, 2018) |
Much of what we tell ourselves about the Rules of Evidence--that they serve as an all-seeing gatekeeper, checking evidence for relevance and trustworthiness, screening it for unfair prejudice--is simply wrong. In courtrooms every day, fact finders rely on evidence--for example, a style of dress, the presence of family members in the gallery, and... |
2018 |
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| Khiara M. Bridges |
EXCAVATING RACE-BASED DISADVANTAGE AMONG CLASS-PRIVILEGED PEOPLE OF COLOR |
53 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2018) |
The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist--the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the... |
2018 |
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| Jonathan P. Feingold, Evelyn R. Carter |
EYES WIDE OPEN: WHAT SOCIAL SCIENCE CAN TELL US ABOUT THE SUPREME COURT'S USE OF SOCIAL SCIENCE |
112 Northwestern University Law Review 1689 (2018) |
Abstract--The Northwestern University Law Review's 2017 Symposium asked whether McCleskey v. Kemp closed the door on social science's ability to meaningfully contribute to equal protection deliberations. This inquiry is understandable; McCleskey is widely understood to have rendered statistical racial disparities doctrinally irrelevant in the equal... |
2018 |
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| Jonathan P. Feingold, Evelyn R. Carter |
EYES WIDE OPEN: WHAT SOCIAL SCIENCE CAN TELL US ABOUT THE SUPREME COURT'S USE OF SOCIAL SCIENCE |
112 Northwestern University Law Review Online 247 (April 4, 2018) |
Abstract--The Northwestern University Law Review's 2017 Symposium asked whether McCleskey v. Kemp closed the door on social science's ability to meaningfully contribute to equal protection deliberations. This inquiry is understandable; McCleskey is widely understood to have rendered statistical racial disparities doctrinally irrelevant in the equal... |
2018 |
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| Alexander M. Nourafshan |
FROM THE CLOSET TO THE BOARDROOM: REGULATING LGBT DIVERSITY ON CORPORATE BOARDS |
81 Albany Law Review 439 (2017-2018) |
In recent years, corporations have touted a commitment to diversity, often investing considerable resources in diversity-related initiatives. While some companies have successfully diversified the workplace, companies have been uniformly unsuccessful diversifying at the board level. Corporate boards have remained disproportionately white, male,... |
2018 |
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| Margaret E. Montoya |
HLS 200: A LATINA'S STORY ABOUT THE BICENTENNIAL |
21 Harvard Latinx Law Review 35 (Spring, 2018) |
Harvard Law School (HLS) celebrated its bicentennial on October 26 and 27, 2017, and filmed a documentary as part of the activities marking the 200-year history of the school. This essay memorializes the role that I, a Latina who has been linked to HLS since I applied for admission in the fall of 1971, played in some of the bicentennial events.... |
2018 |
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| Meera E. Deo, JD, PhD |
INTERSECTIONAL BARRIERS TO TENURE |
51 U.C. Davis Law Review 997 (February, 2018) |
C1-2Table of Contents Introduction. 997 I. Contextual Approaches. 1000 A. Scholarly Investigations of Legal Academia. 1001 B. Theoretical Underpinnings. 1006 II. The Diversity in Legal Academia Project. 1009 III. Empirical Evidence of Intersectional Barriers to Tenure. 1011 A. Tenure Basics. 1011 B. Tenure Done Right. 1014 C. Challenges with the... |
2018 |
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| Robin Pomerenke |
INTERSECTIONAL RESISTANCE: A CASE STUDY ON CRIMMIGRATION AND LESSONS FOR ORGANIZING IN THE TRUMP ERA |
29 Hastings Women's Law Journal 241 (Summer, 2018) |
Increasingly, the federal government has sought to utilize local law enforcement's proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration--the simultaneous enforcement of immigration law and criminal law--has sparked a large-scale social movement in California over the last ten years.... |
2018 |
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| Jennifer Hendry , Melissa L. Tatum |
JUSTICE FOR NATIVE NATIONS: INSIGHTS FROM LEGAL PLURALISM |
60 Arizona Law Review 91 (Spring, 2018) |
This Article makes the case that, despite being underused by U.S. scholars in the field of Indian and Indigenous peoples law, a legally pluralist approach can and does provide vital conceptual insights. Not only does legal pluralism supply an important framework through which to conceptualize and address existing power imbalances between Indian... |
2018 |
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| Katherine Y. Barnes , Elizabeth Mertz |
LAW SCHOOL CLIMATES: JOB SATISFACTION AMONG TENURED US LAW PROFESSORS |
43 Law and Social Inquiry 441 (Spring, 2018) |
In this article, we combine quantitative and qualitative methods to investigate why post-tenure law professors of color and women professors within the US legal academy are differentially dissatisfied with their work lives. Previous social science research has indicated lingering difficulties for professionals from traditionally marginalized groups... |
2018 |
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| Richard Delgado |
LEGAL REALISM AND THE CONTROVERSY OVER CAMPUS SPEECH CODES |
69 Case Western Reserve Law Review 275 (Winter 2018) |
Martin Luther King Jr. and Derrick Bell both urged all Americans, white as well as nonwhite, to speak respectfully and, if possible, lovingly to and about each other. Decades later, a vigorous debate has broken out over what we now call hate speech and whether society may, and should, prohibit it. Building on previous scholarship, we show that... |
2018 |
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| Purvi Shah , Center for Constitutional Rights , Ellen Yaroshefsky , Published in April 2013 by Bertha Social Justice Institute |
MOVEMENT LAWYERING READING GUIDE |
47 Hofstra Law Review 99 (Fall, 2018) |
Angela Harris, Margaretta Lin & Jeff Selbin, From The Art of War to Being Peace: Mindfulness and Community Lawyering in a Neoliberal Age, 95 Calif. L. Rev. 2073 (2007). Assesses the value of mindfulness in legal practice. Mindfulness sets aside typical adversarial and zero-sum approaches and opens up new relationship-based possibilities in... |
2018 |
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| Angela P. Harris, University of California - Davis, School of Law (King Hall) |
ON MARGARET MONTOYA & JEROME CULP: AN APPRECIATION |
16 Seattle Journal for Social Justice 677 (Spring, 2018) |
Because I, a mestiza, continually walk out of one culture and into another, because I am in all cultures at the same time, alma entre dos mundos, tres, cuatro, me zumba la cabeza con lo contradictorio, Estoy norteada par todas las voces que me hablan simultaneamente. Because I, a mestiza, continually walk out of one culture and into another,... |
2018 |
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| Alexi Nunn Freeman, Lindsey Webb |
POSITIVE DISRUPTION: ADDRESSING RACE IN A TIME OF SOCIAL CHANGE THROUGH A TEAM-TAUGHT, REFLECTION-BASED, OUTWARD-LOOKING LAW SCHOOL SEMINAR |
21 University of Pennsylvania Journal of Law and Social Change 121 (2018) |
Addressing race in the legal classroom has long been a potentially disruptive, even professionally hazardous, act. Despite multiple innovations in the legal curriculum, the decades-long discussion regarding racial inclusion in law schools has led us to the same, largely race-avoidant, place. Now, as we navigate a tumultuous period in which issues... |
2018 |
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| Jasmine B. Gonzales Rose |
RACIAL CHARACTER EVIDENCE IN POLICE KILLING CASES |
2018 Wisconsin Law Review 369 (2018) |
The United States is facing a twofold crisis: police killings of people of color and unaccountability for these killings in the criminal justice system. In many instances, the officers' use of deadly force is captured on video and often appears clearly unjustified, but grand and petit juries still fail to indict and convict, leaving many baffled.... |
2018 |
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| Erin C. Lain |
RACIALIZED INTERACTIONS IN THE LAW SCHOOL CLASSROOM: PEDAGOGICAL APPROACHES TO CREATING A SAFE LEARNING ENVIRONMENT |
67 Journal of Legal Education 780 (Spring, 2018) |
In summer 2016 I served as the director of the CLEO summer institute. While racial violence was erupting in the country, I faced my own dilemma on how to deal with tension about race in the learning environment. When I brought forty-four CLEO students to the county courthouse to watch sentencing hearings, one student spoke out to the attorneys,... |
2018 |
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| Jane Murphy , Solangel Maldonado |
REPRODUCING GENDER AND RACE INEQUALITY IN THE BLAWGOSPHERE |
41 Harvard Journal of Law & Gender 239 (Winter, 2018) |
C1-2Table of Contents Introduction. 239 I. The Emergence of Blogging as Legal Scholarship. 240 II. Gender Disparities in Legal Blawgs. 246 III. Racial Disparities in Blawgs. 254 IV. Why Do Gender and Racial Disparities Matter?. 262 V. Creating an Inclusive Blogosphere. 264 Conclusion. 265 |
2018 |
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| Benjamin Levin |
RETHINKING THE BOUNDARIES OF "CRIMINAL JUSTICE" |
15 Ohio State Journal of Criminal Law 619 (Spring, 2018) |
The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff eds., N.Y.U. Press 2017). [T]he criminal justice system is not a system at all, observed Lawrence Friedman in his 1993 history of punishment in the United States. Over twenty years later, John Pfaff concluded that [t]he criminal justice system in the United States . is... |
2018 |
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| Melvin J. Kelley IV |
RETUNING BELL: SEARCHING FOR FREEDOM'S RING AS WHITENESS RESURGES IN VALUE |
34 Harvard Journal on Racial & Ethnic Justice 131 (Spring, 2018) |
A review of U.S. history demonstrates that profound progress has been made in addressing racial injustices over the years. Yet the dream of equality still remains elusive for most people of color, as evidenced by persistent racial inequities across all measures, the rollback of civil rights victories, as well as the election of President Trump and... |
2018 |
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| Reginald Leamon Robinson |
SEARCHING FOR THE PARENTAL CAUSES OF THE SCHOOL-TO-PRISON PIPELINE PROBLEM: A CRITICAL, CONCEPTUAL ESSAY |
32 Journal of Civil Rights & Economic Development 31 (Summer, 2018) |
I believe that we're all born good, uncorrupted and life itself does the corrupting. But, you know, someone like [these children] . [they] just [aren't] capable of something like this. In the extreme, moral poverty is the poverty of growing up surrounded by deviant, delinquent, and criminal adults in abusive, violence-ridden, fatherless, Godless,... |
2018 |
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| Kenneth W. Mack |
SECOND MODE INCLUSION CLAIMS IN THE LAW SCHOOLS |
87 Fordham Law Review 1005 (December, 2018) |
In October 2015, a group of Harvard Law School (HLS) students calling themselves Royall Must Fall announced their presence on both Facebook and Twitter, declaring their solidarity with the Rhodes Must Fall movement --which had called for the removal of a statue of Cecil Rhodes at the University of Cape Town. While the immediate concern of the... |
2018 |
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| Lucille A. Jewel |
SILENCING DISCIPLINE IN LEGAL EDUCATION |
49 University of Toledo Law Review 657 (Spring, 2018) |
THIS essay is about academic freedom in the context of two groups that are not often discussed together: critical outsider scholars and legal writing teachers. Storytelling is the common thread that connects these two groups. Both outsider scholars and legal skills teachers have special knowledge that enables them to deploy storytelling in a way... |
2018 |
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| Russell Powell |
SOCIAL JUSTICE AND ISLAMIC JURISPRUDENCE |
17 Seattle Journal for Social Justice 1 (Summer, 2018) |
It is nearly impossible to read a newspaper or follow social media today without seeing references to social justice. However, whether it is used as a policy ideal or as a derisive moniker (social justice warrior or SJW), it is fairly clear that there is little consensus regarding the definition of the term or its substantive legal... |
2018 |
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| Bernard W. Bell |
STEPHEN PRESSER, LAW PROFESSORS: THREE CENTURIES OF SHAPING AMERICAN LAW, ST. PAUL, MINN.: WEST ACADEMIC PUBLISHING, 2017, PP. 502, $48.00 |
67 Journal of Legal Education 626 (Winter, 2018) |
In introducing his book, legal historian Stephen B. Presser places his work in the tradition of Plutarch's Lives of the Noble Greeks and Romans (9). Perhaps Presser is being a bit immodest both as to his own work and the profession about which he writes. For readers less acquainted with the classics, Robert L. Heilbroner's The Worldly Philosophers:... |
2018 |
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| Jessica Dixon Weaver |
THE CHANGING TIDES OF ADOPTION: WHY MARRIAGE, RACE, AND FAMILY IDENTITY STILL MATTER |
71 SMU Law Review 159 (Winter, 2018) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 159 II. THE EVOLUTION OF ADOPTION. 164 A. Formal Adoption. 165 1. Legacy Adoption. 166 2. Exploitative Adoption. 166 3. Exclusive Adoption. 169 4. Inclusive Adoption. 170 B. Informal Adoption. 171 III. THE CHANGING TIDE OF FAMILIES. 171 IV. WHY MARRIAGE, RACE, AND FAMILY IDENTITY STILL MATTER. 172 |
2018 |
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| Tiffany R. Simmons, J.D. |
THE EFFECTS OF THE WAR ON DRUGS ON BLACK WOMEN: FROM EARLY LEGISLATION TO INCARCERATION |
26 American University Journal of Gender, Social Policy and the Law 719 (2018) |
I. Introduction. 719 II. Early Legislation of the War on Drugs. 722 III. Federal Sentencing Regulations and the Shift of Power from Judges to Prosecutors. 724 IV. Prosecutorial Discretion and Its Disproportionate Impact on Black Women. 726 V. The Executive Branch's Impact on the War on Drugs and Sentencing Disparities (1991 to 2017). 733 VI. The... |
2018 |
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| Justin Hansford |
THE FIRST AMENDMENT FREEDOM OF ASSEMBLY AS A RACIAL PROJECT |
127 Yale Law Journal Forum 685 (January 20, 2018) |
ABSTRACT. Beginning with the author's own experience of being arrested as a legal observer during a 2014 protest in Ferguson, Missouri, this Essay explores the fragile protection provided by the freedom of assembly for those who fight for racial justice. The Essay rejects free speech proponents' reliance on the First Amendment's ostensibly... |
2018 |
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| William E. Nelson |
THE IMPORTANCE OF SCHOLARSHIP TO LAW SCHOOL EXCELLENCE |
87 Fordham Law Review 939 (December, 2018) |
As we have learned from Dan Coquillette, Bob Kaczorowski, and John Sexton, access to substantial funding is undoubtedly a prerequisite for a law school to enjoy excellence. Funding, that is, is a necessary, but not sufficient condition for excellence. Something else-- intellectual vision--is also required. In the 1930s, Fordham University School of... |
2018 |
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| Freya Irani |
THE PRODUCTION OF FEELING AND THE REPRODUCTION OF PRIVILEGE: EXPECTATION, AFFECT, AND INTERNATIONAL INVESTMENT LAW |
65 UCLA Law Review Discourse 158 (2018) |
In the last twenty years, the concept of legitimate expectations has come to play a very prominent role in international investment treaty-based arbitration, as arbitral tribunals have required states to compensate investors for taking measures that allegedly interfere with, or for failing to take measures that protect, such investors' legitimate... |
2018 |
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| Cedric Merlin Powell |
THE STRUCTURAL DIMENSIONS OF RACE: LOCK UPS, SYSTEMIC CHOKEHOLDS, AND BINARY DISRUPTIONS |
57 University of Louisville Law Review 7 (2018) |
Disrupting traditional conceptions of structural inequality, state decision-making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman Jr.'s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler's evocative and transformative book, Chokehold. While both books grapple... |
2018 |
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| John Bennett |
THE TOTALITARIAN IDEOLOGICAL ORIGINS OF HATE SPEECH REGULATION |
46 Capital University Law Review 23 (Winter, 2018) |
Obviously, political correctness is a strategy of intimidation in the struggle for intellectual and educational power. - Arthur Schlesinger, Jr., historian and special assistant to John F. Kennedy For many members of the former Marxist left, the death of Communism has been replaced equally fervidly with advocacy of the new Pc. - Ronald Radosh,... |
2018 |
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| Samia E. McCall |
THINKING OUTSIDE OF THE RACE BOXES: A TWO-PRONGED APPROACH TO FURTHER DIVERSITY AND DECREASE BIAS |
2018 Brigham Young University Education and Law Journal 23 (2018) |
Diverse perspectives and experiences are central to academic quality because they expand creative thought and analysis, test unexamined assumptions, challenge accepted truths, and broaden understanding of ourselves and our world .. - Reverend Paul L. Locatelli In spite of increases in diversity across university campuses nationwide, American... |
2018 |
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| Amna A. Akbar |
TOWARD A RADICAL IMAGINATION OF LAW |
93 New York University Law Review 405 (June, 2018) |
In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... |
2018 |
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| Edwin Lindo , Brenda Williams , Marc-Tizoc González |
UNCOMPROMISING HUNGER FOR JUSTICE: RESISTANCE, SACRIFICE, AND LATCRIT THEORY |
16 Seattle Journal for Social Justice 727 (Spring, 2018) |
Introduction. 730 I. Brenda Williams, Silence as a Precursor. 732 A. The Frisco 5 Hunger Strike for Justice. 738 B. Collecting the Facts of Injustice in San Francisco. 741 C. From Silence to Action. 744 D. Justicia: From the Background to the Center of Dialogue. 747 II. Edwin Lindo--Justicia y Sacraficio (Justice and Sacrifice). 751 A. Four... |
2018 |
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UNITING LEGAL FORCES IN THE FIGHT AGAINST SB4 |
25 Texas Hispanic Journal of Law and Policy 67 (Fall, 2018) |
Speakers: David Hinojojosa, National Director of Policy, Intercultural Development Research Association (IDRA); Shavonne Henderson, Assistant Director of Policy Research, Institute for Urban Policy Research and Analysis at the University of Texas; Jaqueline L. Watson, Partner, Walker Gates-Vela, PLLC. Moderator: Andrea Crespo, THJ Co-Symposium... |
2018 |
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| Mario L. Barnes, Erwin Chemerinsky |
WHAT CAN BROWN DO FOR YOU?: ADDRESSING MCCLESKEY v. KEMP AS A FLAWED STANDARD FOR MEASURING THE CONSTITUTIONALLY SIGNIFICANT RISK OF RACE BIAS |
112 Northwestern University Law Review 1293 (2018) |
Abstract--This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court's opinion reinforced the cramped understanding that constitutional claims require evidence of... |
2018 |
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| Tayyab Mahmud |
WHAT'S NEXT? COUNTER-STORIES AND THEORIZING RESISTANCE |
16 Seattle Journal for Social Justice 607 (Spring, 2018) |
Getting its history wrong is part of being a nation. [I]n human history there is always something beyond the reach of dominating systems, no matter how deeply they saturate society, and this is what makes change possible. First of all, epistemological decolonization, as de-coloniality, is needed to clear the way for new intercultural communication,... |
2018 |
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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 |
WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
16 Seattle Journal for Social Justice 823 (Spring, 2018) |
Two decades and two years later, the larger riptides of contemporary social and political events continue to shape the substance, direction, and prospects of our shared work as activist scholars. Having acknowledged the complex connections between our programmatic work and history's contested arc throughout this time, we should not be surprised now... |
2018 |
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| Darren Lenard Hutchinson |
WHO LOCKED US UP? EXAMINING THE SOCIAL MEANING OF BLACK PUNITIVENESS: LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA: BY JAMES FORMAN, JR. FARRAR, STRAUS AND GIROUX, 2017 |
127 Yale Law Journal 2388 (June, 2018) |
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... |
2018 |
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| Martha Chamallas |
WILL TORT LAW HAVE ITS #ME TOO MOMENT? |
11 Journal of Tort Law 39 (March, 2018) |
https://doi.org/10.1515/jtl-2018-0008 Published online August 28, 2018 Abstract: Using tort law's treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine.... |
2018 |
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