AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Tiffany Yang THE PRISON PLEADING TRAP 64 Boston College Law Review 1145 (May, 2023) Introduction. 1147 I. The Significance of a Prison Grievance. 1154 II. The Design and Function of Prison Grievance Pleading. 1160 A. Setting the Trap. 1161 B. The Trap in Action. 1165 C. The Dangers of Prisons as Rule-Makers. 1175 D. A Brief Meditation on Racial Subordination. 1180 III. Reforming (or Re-forming) the Trap. 1183 A. Existing... 2023  
I. India Thusi THE RACIALIZED HISTORY OF VICE POLICING 69 UCLA Law Review 1576 (September, 2023) Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States--such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and... 2023  
Distinguished Panelists THE ROOTS OF MODERN EDUCATION 35 Regent University Law Review 471 (2022-2023) Mr. Peter Mitchell: Good morning, everyone. Our first panel this morning is titled The Roots of Modern Education. What we want to do is give an overview of how we got to a point in history where I think almost everyone would agree education faces serious challenges, and some would say even a crisis, today. And I just want to ask both of our... 2023  
Dan Friedman THE SPECIAL LAWS PROHIBITION, MARYLAND'S CHARTER COUNTIES, AND THE "AVOIDANCE OF UNTHINKABLE OUTCOMES" 83 Maryland Law Review Online 28 (2023) Recently, Maryland appellate courts have suggested that county councils in Maryland's charter home rule counties are prohibited from adopting laws that violate the State constitutional prohibition on special laws. Although none of the traditional techniques of constitutional interpretation require that this should be the case, this article suggests... 2023  
Mariela Olivares THE UNPRAGMATIC FAMILY LAW OF MARGINALIZED FAMILIES 136 Harvard Law Review Forum 363 (April, 2023) In her excellent article Pragmatic Family Law, Professor Clare Huntington argues that divisive issues roiling U.S. politics, law, and society--such as abortion rights, gender-affirming health care for children, and parental involvement in and control over public school curricula regarding race and identity--have put a spotlight on family law. She... 2023  
Distinguished Panelists THE WOKE WORLD: WHERE IS EDUCATION TODAY? 35 Regent University Law Review 525 (2022-2023) The Honorable Alice Batchelder: First of all, I'm really, really pleased to be here at Regent. It's my first time here, although I've certainly been hearing a lot about Regent over the years. It occurs to me that maybe I should tell you my first actual experience with Regent, which was probably fourteen or fifteen years ago. I was one of many... 2023  
Tiffany D. Atkins THESE BRUTAL INDIGNITIES: THE CASE FOR CRIMES AGAINST HUMANITY IN BLACK AMERICA 111 Kentucky Law Journal 61 (2022-2023) L1-2Table of Contents . R361. L1-2Abstract . R362. L1-2Introduction . R363. I. The Historical Evidence. 66 A. Origins of Genocide. 68 B. Claims of Genocide. 69 i. Killing of Members of the Group. 69 ii. Causing Serious Mental Harm to Members Through Psychological Terror. 73 iii. Economic Genocide. 75 iv. Conspiracy to Commit Genocide Through... 2023  
Neoshia R. Roemer UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW 56 Family Law Quarterly 31 (2022-2023) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... 2023  
Danielle Pelfrey Duryea , Peggy Maisel , Kelley Saia, MD UN-ERASING RACE IN A MEDICAL-LEGAL PARTNERSHIP: ANTIRACIST HEALTH JUSTICE ADVOCACY BY DESIGN 70 Washington University Journal of Law & Policy 97 (2023) [I]t is only by naming racism, asking the question How is racism operating here? and then mobilizing with others to actually confront the system and dismantle it that we can have any significant or lasting impacts on the pervasive racial health disparities that have plagued this country for centuries. --Camara Phyllis Jones, MD, MPH, PhD This... 2023  
Lindsay F. Wiley UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE 70 UCLA Law Review Discourse 204 (5/27/2023) This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... 2023  
Khaled A. Beydoun , Nura A. Sediqe UNVEILING: THE LAW OF GENDERED ISLAMOPHOBIA 111 California Law Review 465 (April, 2023) For far too long, unveiling has been the subject of imperial fetish and Muslim women the expedients for western war. This Article reclaims the term and serves the liberatory mission of reimagining how Islamophobia distinctly impacts Muslim women. By crafting a theory of gendered Islamophobia centering Muslim women rooted in law, this Article... 2023  
Jon D. Michaels , David L. Noll VIGILANTE FEDERALISM 108 Cornell Law Review 1187 (July, 2023) In battles over abortion, religion, sexuality, gender, and race, state legislatures are mass producing a new weapon. From Texas's S.B. 8 to book bans and a flurry of bills empowering parents to sue schools that acknowledge LGBTQ+ identities or implement anti-racist curricula, state legislatures are enacting laws that call on private parties--and... 2023  
Yuvraj Joshi WEAPONIZING PEACE 123 Columbia Law Review 1411 (June, 2023) American racial justice opponents regularly wield a desire for peace, stability, and harmony as a weapon to hinder movement toward racial equality. This Essay examines the weaponization of peace historically and in legal cases about property, education, protest, and public utilities. Such peace claims were often made in bad faith and with little or... 2023  
Eric Martínez , Kevin Tobia WHAT DO LAW PROFESSORS BELIEVE ABOUT LAW AND THE LEGAL ACADEMY? 112 Georgetown Law Journal 111 (October, 2023) Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article... 2023  
Susan A. McMahon WHAT WE TEACH WHEN WE TEACH LEGAL ANALYSIS 107 Minnesota Law Review 2511 (June, 2023) A student enters law school in the fall of 2022, as tumult rages all around her. A pandemic has taken close to 900,000 American lives, disproportionately Black and Brown, laying bare yet again the structural inequities that haunt American society. Protestors filled the streets two years ago, enraged at the murder of a man under the knee of a police... 2023  
Cara McClellan WHEN CLAIMS COLLIDE: STUDENTS FOR FAIR ADMISSIONS v. HARVARD AND THE MEANING OF DISCRIMINATION 54 Loyola University Chicago Law Journal 953 (Spring, 2023) This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College's race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions... 2023  
Alexis Hoag-Fordjour WHITE IS RIGHT: THE RACIAL CONSTRUCTION OF EFFECTIVE ASSISTANCE OF COUNSEL 98 New York University Law Review 770 (June, 2023) The legal profession is and has always been white. Whiteness shaped the profession's values, culture, and practice norms. These norms helped define the profession's understanding of reasonable conduct and competency. In turn, they made their way into constitutional jurisprudence. This Article interrogates the role whiteness plays in determining... 2023  
Dylan R. Blackburn WHO'S IN CHARGE?: THE CONSTITUTIONAL CONFUSION CHALLENGING NORTH CAROLINA'S PUBLIC SCHOOL SYSTEM 101 North Carolina Law Review 517 (January, 2023) For decades, North Carolina's public schools have grappled with a foundational question--who's in charge? North Carolina's state constitution provides for an elected state superintendent of public instruction and an appointed state board of education. The constitution clearly places the board in a superior policymaking role, but its text offers... 2023  
Sonia M. Gipson Rankin WOULD YOU MAKE IT TO THE FUTURE? TEACHING RACE IN AN ASSISTED REPRODUCTIVE TECHNOLOGIES AND THE LAW CLASSROOM 56 Family Law Quarterly 1 (2022-2023) Would you make it to the future? For the last five years, I have started my Assisted Reproductive Technology (ART) lecture in Family Law with this question. Students take the query seriously. They ponder their lived experiences such as home training, medical history, education, financial well-being, personality traits, work ethic, and social graces... 2023  
Charisa Smith YOUTH VISIONS AND EMPOWERMENT: RECONSTRUCTION THROUGH REVOLUTION 75 Rutgers University Law Review 825 (Spring, 2023) We've had this idea of growing up thinking, what the heck is this? What the heck is going on? .. [T]his isn't right. This is crazy. We need a whole new system .. OK, you guys might have been raised to think that this system benefits you, but you've been brainwashed. Let us give it to you straight. --Lily Mandel at age seventeen, organizer at Bucks... 2023  
Jessica Dixon Weaver A CRITICAL RACE THEORY APPROACH TO CHILDREN'S RIGHTS 71 American University Law Review 1855 (June, 2022) This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children's rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children.... 2022 Yes
Yael Plitmann AUTHENTIC COMPLIANCE WITH A SYMBOLIC LEGAL STANDARD? HOW CRITICAL RACE THEORY CAN CHANGE INSTITUTIONALIST STUDIES ON DIVERSITY IN THE WORKPLACE 47 Law and Social Inquiry 331 (February, 2022) Alexandra Kalev, Frank Dobbin, and Erin Kelly. Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies. American Sociological Review 71 (2006): 589-617. Lauren B. Edelman, Sally Riggs Fuller, and Iona Mara-Drita. Diversity Rhetoric and the Managerialization of Law, American Journal of... 2022 Yes
Marisa Shearer BANNING BOOKS OR BANNING BIPOC? 117 Northwestern University Law Review Online 24 (5-Jul-22) Abstract--Following the murder of George Floyd in May 2020, social justice movements renewed calls for the country to confront the pervasive reality of systemic racism in the United States. In response to these publicized social justice movements, however, calls for book bans relating to critical race theory began rising at an unprecedented rate.... 2022 Yes
Mary Lindsay Krebs CAN'T REALLY TEACH: CRT BANS IMPOSE UPON TEACHERS' FIRST AMENDMENT PEDAGOGICAL RIGHTS 75 Vanderbilt Law Review 1925 (November, 2022) The jurisprudence governing K-12 teachers' speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12... 2022 Yes
Brandon Paradise, Associate Professor of Law, Rutgers Law School, and McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University CONFRONTING THE TRUTH: THE NECESSITY OF LOVE FOR JUSTICE 37 Journal of Law and Religion 232 (May, 2022) This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin's own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously... 2022 Yes
S. Priya Morley CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT 69 UCLA Law Review Discourse 100 (2022) The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... 2022 Yes
Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law CONTINUOUS ACTION TOWARD JUSTICE 37 Journal of Law and Religion 63 (January, 2022) (Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... 2022 Yes
Bryonn Bain CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA 6 Howard Human & Civil Rights Law Review 159 (2021-2022) Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... 2022 Yes
Anthony Paul Farley CRITICAL RACE THEORY & THE GOSPELS 66 Saint Louis University Law Journal 721 (Summer, 2022) Commodities can speak. They pray constantly for release. The slave is the commodity that speaks. This Essay is the slave's prayer for release, for resurrection. The slave is imprisoned, entombed, in the commodity form, a form in which it appears as a thing that is exchangeable for other things, not an end-in-itself. Yesterday is not gone.... 2022 Yes
Leticia M. Saucedo CRITICAL RACE THEORY AND THE LOW-WAGE WORKPLACE: THE STORY OF JANITORIAL SERVICES IN CALIFORNIA 66 Saint Louis University Law Journal 739 (Summer, 2022) Critical race and racial capitalism theories posit that systems and structures in the workplace reinforce each other to create oppressive conditions for groups of workers based on race, national origin, and/or sex. Some of these structures are reproduced from other areas of work and have roots in exploitative labor conditions. Civil rights lawyers... 2022 Yes
Hannah Daigle CRITICAL RACE THEORY THROUGH THE LENS OF GARCETTI v. CEBALLOS 20 First Amendment Law Review 230 (2022) The First Amendment states no law shall be made abridging the freedom of speech. The Supreme Court has repeatedly protected contentious forms of speech and expression including allowing flag burning, brandishing offensive signs during the picketing of a funeral for a deceased veteran, and the burning of a cross on an African American family's... 2022 Yes
Jennifer Harrison Macon CRITICAL RACE THEORY: ANOTHER CASUALTY IN THE ATTACK ON FACTS 69 UCLA Law Review Discourse 56 (2022) The attack on Critical Race Theory is the latest attempt to undermine the interracial coalition that has been building over the last twenty years. In the wake of the murder of George Floyd in May of 2020, a global movement for Black lives ensued, which in turn motivated a calculated resistance that mobilized around education. Not unlike the... 2022 Yes
The HLS Conference Organizers CRITICAL RACE THEORY: INSIDE AND BEYOND THE IVORY TOWER 69 UCLA Law Review Discourse 118 (2022) The history of Critical Race Theory (CRT) is inextricably intertwined with the history of student activism on law school campuses. This activism was sparked in resistance to the dominant legal education system and with the goal of cultivating alternative spaces where law students could learn how to tackle and dismantle the seemingly permanent... 2022 Yes
Patrick Dankwa John CRITICAL RACE THEORY: THE RIGHT ANSWER TO THE WRONG QUESTION 36-FEB CBA Record 28 (January/February, 2022) Critical Race Theory (CRT) is one of the most controversial issues facing our public education system today. CRT proponents claim that America is fundamentally racist and that racism is built into our institutions. Several states have recently passed laws to prevent public schools from teaching things that CRT opponents consider to be part of the... 2022 Yes
Anthony Rychkov CRITICAL TAX THEORY: COMBATTING RACIAL AND INCOME INEQUALITY IN AMERICA 21 Seattle Journal for Social Justice 87 (Fall, 2022) Critical race theory holds that racism is not merely the product of individual bias and prejudices but also something embedded in legal systems and policies. This article will particularly discuss critical race theory and its effects on U.S. tax policies, something I would like to call critical tax theory. As Benjamin Franklin famously noted,... 2022 Yes
Camille A. Nelson DEANING CRITICALLY: LEADERSHIP FUNDAMENTALS 53 University of Toledo Law Review 269 (Spring, 2022) The recent attacks on Critical Race Theory have led me to (re)consider how such fundamental inquiries and legal analysis by scholars could be so deeply threatening to the establishment, let alone the administration of a country thought to be the preeminent example of democracy the world over. After all, at base, Critical Race Theory (hereinafter... 2022 Yes
Karla McKanders DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES 37 Maryland Journal of International Law 18 (2022) This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... 2022 Yes
Thalia González DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS 70 UCLA Law Review Discourse 40 (2022) This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... 2022 Yes
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022 Yes
Lisa Vanhala ENVIRONMENTAL LEGAL MOBILIZATION 18 Annual Review of Law and Social Science 101 (2022) legal mobilization, environment, climate change, litigation, nongovernmental organizations, NGOs The mobilization of law to address the degradation of the environment implicates a wide range of institutions, actors, and materials. This article maps developments in the study of environmental legal mobilization. It examines the different theoretical... 2022 Yes
Joshua Gutzmann FIGHTING ORTHODOXY: CHALLENGING CRITICAL RACE THEORY BANS AND SUPPORTING CRITICAL THINKING IN SCHOOLS 106 Minnesota Law Review Headnotes 333 (Spring, 2022) National unity as an end which officials may foster by persuasion and example is not in question .. Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men .. Those who begin coercive elimination of dissent soon find themselves exterminating... 2022 Yes
Max Londberg HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY 91 University of Cincinnati Law Review 516 (2022) Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... 2022 Yes
Carliss Chatman HONORING LUTIE A. LYTLE AND JOHN MERCER LANGSTON WITH OUR WORDS 78 Washington and Lee Law Review 1719 (2022) The recent attacks on critical race theory make one fact very clear: the lack of Black voices in public discourse creates distortion and exploitation. This inaugural Black Scholars Book, the first of its kind published annually, is not about defining or justifying critical race theory--as some scholars in this book would not deem themselves to be... 2022 Yes
David Simson HOPE DIES LAST: THE PROGRESSIVE POTENTIAL AND REGRESSIVE REALITY OF THE ANTIBALKANIZATION APPROACH TO RACIAL EQUALITY 30 William & Mary Bill of Rights Journal 613 (March, 2022) This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both long-standing and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other? Events over the... 2022 Yes
Khiara M. Bridges LANGUAGE ON THE MOVE: "CANCEL CULTURE," "CRITICAL RACE THEORY," AND THE DIGITAL PUBLIC SPHERE 131 Yale Law Journal Forum 767 (26-Jan-22) abstract. Scores of people have been talking about cancel culture and Critical Race Theory recently. However, what people mean when they use the terms varies wildly. This Essay examines the recent drift around the meaning of these terms, analyzing the role that the digital public sphere has played in generating these examples of language on the... 2022 Yes
David L. Hudson Jr. LEGISLATORS TAKE AIM AT CRITICAL RACE THEORY 108-MAR ABA Journal 20 (February/March, 2022) More than 30 years ago, law professor Richard Delgado began writing law review articles emphasizing the pervasive and pernicious role of race in law and society. He has become, according to University of California at Davis School of Law Dean Kevin R. Johnson, a sort of LeBron James or Michael Jordan among legal academics. Delgado and other... 2022 Yes
David Simson MOST FAVORED RACIAL HIERARCHY: THE EVER-EVOLVING WAYS OF THE SUPREME COURT'S SUPERORDINATION OF WHITENESS 120 Michigan Law Review 1629 (June, 2022) This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court's constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the racial superordination of whiteness--the reinforcing of the superior... 2022 Yes
Joseph D. G. Castro NOT WHITE ENOUGH, NOT BLACK ENOUGH: REIMAGINING AFFIRMATIVE ACTION JURISPRUDENCE IN LAW SCHOOL ADMISSIONS THROUGH A FILIPINO-AMERICAN PARADIGM 49 Pepperdine Law Review 195 (January, 2022) Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O'Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven diversity initiatives in... 2022 Yes
Denise Ama Ghartey PROTECT BLACK GIRLS 69 UCLA Law Review Discourse 64 (2022) At its core, Critical Race Theory (CRT) provides us with a panoply of necessary tools and a lens through which to analyze the multilayered relationship between Black girls, their education, and the criminal legal system. Florida's history, especially the historical landscape of Central Florida, distinctly highlights the grave importance of CRT when... 2022 Yes
Jonathan P. Feingold RECLAIMING EQUALITY: HOW REGRESSIVE LAWS CAN ADVANCE PROGRESSIVE ENDS 73 South Carolina Law Review 723 (Spring, 2022) Since the fall of 2020, right-wing forces have targeted Critical Race Theory (CRT) through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of Backlash Bills designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally... 2022 Yes
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