Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Sarah Khanghahi |
THIRTY YEARS AFTER AL-KHAZRAJI: REVISITING EMPLOYMENT DISCRIMINATION UNDER SECTION 1981 |
64 UCLA Law Review 794 (March, 2017) |
Many scholars have written about the racialization process experienced by people of Southwest Asia and North African (SWANA) descent, emphasizing the increased discrimination experienced by those perceived as Middle Eastern or SWANA. There is very little scholarship, however, concentrating specifically on employment discrimination faced by those of... |
2017 |
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Jasmine B. Gonzales Rose |
TOWARD A CRITICAL RACE THEORY OF EVIDENCE |
101 Minnesota Law Review 2243 (June, 2017) |
It's not what you know, it's what you can prove in court! This oft-used movie line shows how even Hollywood recognizes the importance of evidence law. At trial, the facts are not determined through an independent investigation of the truth but by how the rules of evidence are employed to admit or exclude evidence. Attorneys use evidence rules to... |
2017 |
|
Leslie P. Culver |
WHITE DOORS, BLACK FOOTSTEPS: LEVERAGING "WHITE PRIVILEGE" TO BENEFIT LAW STUDENTS OF COLOR |
21 Journal of Gender, Race and Justice 37 (Winter 2017) |
Law students of color typically avoid seeking the mentorship of white law professors, largely white males, finding female faculty and faculty of color more approachable and willing to serve as mentors. Yet, according to recent ABA statistics, white people make up eighty-eight percent of the legal profession, with sixty-four percent being male. In... |
2017 |
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Shirley Lin |
"AND AIN'T I A WOMAN?": FEMINISM, IMMIGRANT CAREGIVERS, AND NEW FRONTIERS FOR EQUALITY |
39 Harvard Journal of Law & Gender 67 (Winter 2016) |
Introduction. 67 I. Feminist Legal Theory at the Crossroads: Immigrant Women Caregivers and the Carceral Matrix. 71 A. Feminism, Economic Insecurity, and Social Reproduction: Gender Equity in Context. 74 B. Immigrants and the Deepening Paradox of Wrongs Without Remedies. 81 1. From Contradiction to Lawful Retaliation: IRCA and Hoffman Plastics... |
2016 |
|
Lindsay Pérez Huber |
"MAKE AMERICA GREAT AGAIN!": DONALD TRUMP, RACIST NATIVISM AND THE VIRULENT ADHERENCE TO WHITE SUPREMACY AMID U.S. DEMOGRAPHIC CHANGE |
10 Charleston Law Review 215 (Fall, 2016) |
I. INTRODUCTION. 215 II. THEORETICAL FRAMEWORK. 217 III. MAKE AMERICA GREAT AGAIN!. 222 IV. VOTE FOR WHITE SUPREMACY!. 229 V. SHIFTING U.S. DEMOGRAPHICS (AND RESPONSES). 232 VI. CONCLUSION. 239 VII. EPILOGUE: MAKE AMERICA SAFE AGAIN. 244 |
2016 |
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Mario L. Barnes |
"THE MORE THINGS CHANGE . . .": NEW MOVES FOR LEGITIMIZING RACIAL DISCRIMINATION IN A "POST-RACE" WORLD |
100 Minnesota Law Review 2043 (May, 2016) |
If race is something about which we dare not speak in polite social company, the same cannot be said of the viewing of race. How, or whether, blacks are seen depends upon a dynamic of display that ricochets between hypervisibility and oblivion. Blacks are seen everywhere, taking over the world one minute; yet the great ongoing toll of poverty and... |
2016 |
|
Mauricio García-Villegas |
A COMPARISON OF SOCIOPOLITICAL LEGAL STUDIES |
12 Annual Review of Law and Social Science 25 (2016) |
comparative sociology of law, sociology of law, critical legal theory, sociolegal studies This article compares sociopolitical perspectives about the law in three regions of the world: the United States, France, and Latin America. Despite their heterogeneity, these sociolegal perspectives share many practical and theoretical similarities. For this... |
2016 |
|
Mario L. Barnes |
AFTERWORD: EVERYTHING OLD |
6 UC Irvine Law Review 243 (June, 2016) |
What do you replace it with? Introduction. 243 I. The New Look of Legal Realism. 246 A. Connecting the New to the Old. 246 II. Doing New Legal Realism Research. 248 III. Including or Connecting with Presumably Compatible Movements. 249 Conclusion. 253 According to R. Michael Fischl, it was the question above--what do you replace it... |
2016 |
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Sarudzayi M. Matambanadzo , Francisco Valdes , Sheila Velez |
AFTERWORD: KINDLING THE PROGRAMMATIC PRODUCTION OF CRITICAL AND OUTSIDER LEGAL SCHOLARSHIP, 1996-2016 |
37 Whittier Law Review 439 (Spring, 2016) |
The United States is at a monumental juncture in its trajectory as a nation-state. Insecurity, inequality, and violence characterize much of contemporary life. Now, as before, activists and scholars frequently turn to law for solutions; however, law often fails to provide adequate tools to challenge social injustice. It is legal to suffer the... |
2016 |
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Sarudzayi M. Matambanadzo , Francisco Valdes , Sheila I. Vélez-Martinez |
AFTERWORD: LATCRIT THEORY @ XX: KINDLING THE PROGRAMMATIC PRODUCTION OF CRITICAL AND OUTSIDER LEGAL SCHOLARSHIP, 1996-2016 |
10 Charleston Law Review 297 (Fall, 2016) |
I. INTRODUCTION. 298 II. FRAMING LATCRIT THEORY AND SCHOLARSHIP: . A SUBSTANTIVE RECAP OF BASICS AND HIGHLIGHTS. 302 III. LATCRIT AND/AS SCHOLARSHIP: GALVANIZING TWO DECADES OF PROGRAMMATIC KNOWLEDGE PRODUCTION. 314 A. LatCritical Advancement of OutCrit Theorizing: A Few Substantive Highlights. 316 1. Latina/o Identities and Diversities. 317 2.... |
2016 |
|
Mary Crossley |
BLACK HEALTH MATTERS: DISPARITIES, COMMUNITY HEALTH, AND INTEREST CONVERGENCE |
22 Michigan Journal of Race and Law 53 (Fall, 2016) |
Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... |
2016 |
|
Osagie K. Obasogie , Zachary Newman |
BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT |
2016 Wisconsin Law Review 541 (2016) |
The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... |
2016 |
|
Amanda Wong |
BROKEN, BRUTAL, BLOODY: THE HARMS OF VIOLENT RACIAL PORNOGRAPHY AND THE NEED FOR LEGAL ACCOUNTABILITY |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 225 (Spring, 2016) |
A black woman cries out. She is slapped hard, dragged by her hair, and pushed onto a couch, flat on her back with her head hanging over the edge. A man is on top, pinning her down as he repeatedly shoves himself into her mouth. She continues to sob. This is the realm of violent racial pornography. Maybe we should be afraid of living in a world... |
2016 |
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Khiara M. Bridges |
CLASS-BASED AFFIRMATIVE ACTION, OR THE LIES THAT WE TELL ABOUT THE INSIGNIFICANCE OF RACE |
96 Boston University Law Review 55 (January, 2016) |
Introduction. 56 I. . 61 A. The Suspect Class to Suspect Classification Shift. 64 B. The Effects of the Class-to-Classification Shift. 67 C. Lies about Race that the Class-to-Classification Shift Tells. 69 II. . 78 A. The Shared Infirmities of Race-Based and Class-Based Affirmative Action. 80 1. Meritocracy Perversion. 80 2. Inefficacy. 81 3.... |
2016 |
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Wendy A. Bach, Lucy Jewel |
CLASSCRITS VIII: NEW SPACES FOR COLLABORATION AND CONTEMPLATION |
45 Southwestern Law Review 779 (2016) |
Emerging Coalitions: Challenging the Structures of Inequality was the title of the eighth ClassCrits conference which took place on October 23-24, 2015, at the University of Tennessee College of Law. The Southwestern Law Review and the Tennessee Journal of Race, Gender, and Social Justice have graciously agreed to publish selected papers... |
2016 |
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Claire P. Donohue |
CLIENT, SELF, SYSTEMS: A FRAMEWORK FOR INTEGRATED SKILLS-JUSTICE EDUCATION |
29 Georgetown Journal of Legal Ethics 439 (Spring, 2016) |
As scholars and administrators look to experiential learning and clinical education specifically to cultivate practice-ready law school graduates there is worry amongst some clinicians that they must sanitize the experiential learning experience of its social justice bent, or at the very least dilute it, so as to make it marketable to the legal... |
2016 |
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Laura E. Gómez |
CONNECTING CRITICAL RACE THEORY WITH SECOND GENERATION LEGAL CONSCIOUSNESS WORK IN OBASOGIE'S BLINDED BY SIGHT |
41 Law and Social Inquiry 1069 (Fall, 2016) |
Obasogie, Osagie K. 2013. Blinded by Sight: Seeing Race Through the Eyes of the Blind. Stanford, Ca: Stanford University Press. Sociologist and legal scholar Osagie Obasogie's study of how blind people see race reveals the usually invisible, taken-for-granted mechanisms that reproduce racism. In Blinded by Sight, he distinguishes racial... |
2016 |
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Steven L. Nelson |
DIFFERENT SCRIPT, SAME CASTE IN THE USE OF PASSIVE AND ACTIVE RACISM: A CRITICAL RACE THEORY ANALYSIS OF THE (AB)USE OF "HOUSE RULES" IN RACE-RELATED EDUCATION CASES |
22 Washington and Lee Journal of Civil Rights and Social Justice 297 (Summer, 2016) |
C1-3Table of Contents I. Introduction. 298 II. The Half-Hearted Attempt to Desegregate Schools: The Creation of a White Power to Dictate the Pace of Forgiveness via Brown and its Progeny. 300 A. The Illusion of Forced Integration: The Court's Approval of Integration on the Terms of Whites. 301 B. The Delusional Responses to Efforts to Forcibly... |
2016 |
|
Jeremy Thompson |
ELIMINATING ZERO TOLERANCE POLICIES IN SCHOOLS: MIAMI-DADE COUNTY PUBLIC SCHOOLS' APPROACH |
2016 Brigham Young University Education and Law Journal 325 (2016) |
The United States has the highest prison population rate in the world. As a result, taxpayers spend over several billion dollars a year on prison costs. At a time where the United States has the highest incarceration rate and the highest amount of debt in history, saving money by reducing the prison population should be one of the highest... |
2016 |
|
Ruth Gordon |
ESSAYS IN HONOR OF DR. MARTIN LUTHER KING, JR. |
61 Villanova Law Review 537 (2016) |
I must congratulate my colleague, Michelle Dempsey, for her brilliant idea to honor the sixtieth anniversary of the Villanova Law Review through reflections by Villanova Law Faculty on pioneering Law Review articles. It is both an honor for the Law Review and an acknowledgement of the talents of my esteemed colleagues. Still, when asked to be part... |
2016 |
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George A. Martínez |
FURTHER THOUGHTS ON RACE, AMERICAN LAW, AND THE STATE OF NATURE: ADVANCING THE MULTIRACIAL PARADIGM SHIFT AND SEEKING PATTERNS IN THE AREA OF RACE AND LAW |
85 UMKC Law Review 105 (Fall, 2016) |
Philosophy reveals what is hidden. It discloses or makes things comprehensible or understandable. In my article on Race, American Law and the State of Nature, I have sought to use philosophical theory-- state of nature theory--as a way to understand American law and issues of race. Philosophical state of nature theory reveals or discloses what is... |
2016 |
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Rae Langton, University of Cambridge, Cambridge, UK, e-mail: rhl27@cam.ac.uk |
HATE SPEECH AND THE EPISTEMOLOGY OF JUSTICE JEREMY WALDRON: THE HARM IN HATE SPEECH. HARVARD UNIVERSITY PRESS, CAMBRIDGE, MA, 2012 |
10 Criminal Law and Philosophy 865 (December, 2016) |
Published online: 16 November 2014 © Springer Science+Business Media Dordrecht 2014 Abstract In The Harm in Hate Speech Waldron's most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards... |
2016 |
|
Jennifer Hendry , Melissa L. Tatum |
HUMAN RIGHTS, INDIGENOUS PEOPLES, AND THE PURSUIT OF JUSTICE |
34 Yale Law and Policy Review 351 (Spring 2016) |
Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D.... |
2016 |
|
Mark E. Steiner |
INCLUSION AND EXCLUSION IN AMERICAN LEGAL HISTORY |
23 Asian American Law Journal 69 (2016) |
I. Introduction. 69 II. American Legal History Casebooks. 72 III. Survey Texts. 78 IV. Introductory Texts. 86 V. Margins and Mainstreams. 91 VI. Conclusion. 98 |
2016 |
|
Gwendolyn M. Leachman |
INSTITUTIONALIZING ESSENTIALISM: MECHANISMS OF INTERSECTIONAL SUBORDINATION WITHIN THE LGBT MOVEMENT |
2016 Wisconsin Law Review 655 (2016) |
Introduction. 655 I. Essentialism, Identity Politics, and LGBT Movement Critique. 658 A. Intersectionality and Strategic Essentialism. 659 B. Strategic Essentialism & Structural Racism. 661 II. An Institutional Perspective on Intersectional Marginalization Within Social Movements. 664 A. Institutional Research in Sociology. 664 B. Institutional... |
2016 |
|
Adrien K. Wing |
IS THERE A FUTURE FOR CRITICAL RACE THEORY? |
66 Journal of Legal Education 44 (Autumn, 2016) |
We all know that the legal academy is in a crisis that does not appear to have an end in sight. As many law school enrollments plummet, some institutions may even face closure or merger. As experiential requirements increase but resources do not, some may query whether many schools should just ensure that their students can meet all the... |
2016 |
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Marc-Tizoc González |
LA GRAN LUCHA: LATINA AND LATINO LAWYERS, BREAKING THE LAW ON PRINCIPLE, AND CONFRONTING THE RISKS OF REPRESENTATION |
13 Hastings Race and Poverty Law Journal 61 (Winter, 2016) |
Chicana, Chicano, and Mexican American law professors are rare in the United States. Although Michael A. Olivas began to teach law in 1982, three decades after the first Mexican American law professor (Carlos Cadena in 1952), Professor Olivas holds the distinction of being regarded as the Dean of Latina and Latino (Latina/o) law professors in the... |
2016 |
|
Clark Freshman , Shauna Shapiro , Sarah de Sousa |
MINDFUL "JUDGING" 1.5: THE SCIENCE OF ATTENTION, "LIE DETECTION," AND BIAS REDUCTION - WITH KINDNESS |
2016 Journal of Dispute Resolution 281 (Fall, 2016) |
Federal Judge Jeremy Fogel, Director of the Federal Judicial Center, recently published Mindfulness and Judging on the Center's official website. From one view, this further confirms the growing embrace of mindfulness in law. Yet some still doubt mindfulness and the science behind its effectiveness. At a recent conference on mindfulness and legal... |
2016 |
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Allyssa Villanueva |
POLICE TERROR AND OFFICER INDEMNIFICATION |
13 Hastings Race and Poverty Law Journal 201 (Winter, 2016) |
On May 6, 2012, Oakland Police Officers Miguel Masso and Joseph Fesmire initiated a stop of Alan Bluford and two friends in Oakland, CA. The facts are disputed but the altercation escalated resulting in Bluford sustaining three fatal gunshot wounds from Officer Masso. Bluford was an 18-year-old high school senior. No weapons were found on Bluford... |
2016 |
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Janine Young Kim |
RACIAL EMOTIONS AND THE FEELING OF EQUALITY |
87 University of Colorado Law Review 437 (Spring 2016) |
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial... |
2016 |
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Shaun Ossei-Owusu |
RACIAL HORIZONS AND EMPIRICAL LANDSCAPES IN THE POST-ACA WORLD |
2016 Wisconsin Law Review 493 (2016) |
Introduction. 493 The Subfields. 497 A. Medical Anthropology and Community Health Needs Assessments. 497 B. Medical Sociology. 501 1. Sociology in Medicine and Accountable Care Organizations. 501 2. Sociology of Medicine and Workforce Diversity. 504 3. Sociology of Health, the Employer Mandate, and Coverage Gaps. 508 C. Health Economics and... |
2016 |
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Anthony V. Alfieri |
REBELLIOUS PEDAGOGY AND PRACTICE |
23 Clinical Law Review 5 (Fall, 2016) |
Gerald López's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, López's interdisciplinary investigation of the local, sociocultural context of the... |
2016 |
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Camille Gear Rich |
RECLAIMING THE WELFARE QUEEN: FEMINIST AND CRITICAL RACE THEORY ALTERNATIVES TO EXISTING ANTI-POVERTY DISCOURSE |
25 Southern California Interdisciplinary Law Journal 257 (Spring 2016) |
I. INTRODUCTION. 258 II. REFRAMING AND RECLAIMING THE WELFARE QUEEN. 264 A. Historical Relic or Current Reality? Understanding the Role of the Welfare Queen. 264 B. Charting A Way Forward: Reclaiming the Welfare Queen. 270 III. UNDERSTANDING THE WELFARE QUEEN: CONFERENCE PANELS AND DISCUSSIONS. 276 A. The Disciplinary Power of the Welfare Queen.... |
2016 |
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Osagie K. Obasogie |
RESPONSE TO GÓMEZ AND OMI AND WINANT |
41 Law and Social Inquiry 1078 (Fall, 2016) |
Obasogie, Osagie K. 2013. Blinded by Sight: Seeing Race Through the Eyes of the Blind. Stanford, CA: Stanford University Press. Laura Gómez and Michael Omi and Howard Winant offer thoughtful commentaries on Blinded by Sight: Seeing Race Through the Eyes of the Blind that expand an important discussion on the constructed and constitutive aspects of... |
2016 |
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John T. Bennett |
THE HARM IN HATE SPEECH: A CRITIQUE OF THE EMPIRICAL AND LEGAL BASES OF HATE SPEECH REGULATION |
43 Hastings Constitutional Law Quarterly 445 (Spring, 2016) |
Proposals to regulate hate speech are often premised on the societal consequences of racist or sexist speech: mainly, the psychological toll of bigotry on minorities and widespread gender or racial inequalities in American life. Specifically, proposals for hate speech regulation rest on two largely unexamined premises: that hate speech causes... |
2016 |
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Lisa C. Ikemoto |
THE SOCIAL TRANSMISSION OF RACISM |
51 Tulsa Law Review 531 (Winter 2016) |
OSAGIE K. OBASOGIE, BLINDED BY SIGHT: SEEING RACE THROUGH THE EYES OF THE BLIND (STANFORD UNIVERSITY PRESS 2014). PP. 269. PAPERBACK $ 24.95. ROBERT WALD SUSSMAN, THE MYTH OF RACE: THE TROUBLING PERSISTENCE OF AN UNSCIENTIFIC IDEA (HARVARD UNIVERSITY PRESS 2014). PP. 374. PAPERBACK $ 19.95. At first glance, the reason for pairing Robert Wald... |
2016 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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