| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Angelo N. Ancheta |
COMMUNITY LAWYERING |
81 California Law Review 1363 (October, 1993) |
Give us something we can use. For those of us engaged in the practice of law for social change, this is a familiar admonition directed at scholars who have developed theories on the transformation of law and the legal system. Critical legal studies, feminist legal theory, and critical race theory schools of thought that challenge the assumptions... |
1993 |
Yes |
| Richard Delgado , Jean Stefancic |
CRITICAL RACE THEORY: AN ANNOTATED BIBLIOGRAPHY |
79 Virginia Law Review 461 (March, 1993) |
CRITICAL Race Theory (CRT) took start in the mid-1970s with the realization that the Civil Rights Movement of the 1960s had stalled and that many of its gains, in fact, were being rolled back. Many of us believed that new tactics and theories were needed to understand and come to grips with the complex interplay among race, racism, and American... |
1993 |
Yes |
| Jules L. Coleman , Brian Leiter |
DETERMINACY, OBJECTIVITY, AND AUTHORITY |
142 University of Pennsylvania Law Review 549 (Fall, 1993) |
Since the 1970s, analytic jurisprudence has been under attack from what has come to be known as the Critical Legal Studies (CLS) movement. CLS has been joined in this attack by proponents of Feminist Jurisprudence, and, most recently, by proponents of Critical Race Theory. When the battle lines are drawn in this way, the importance of the... |
1993 |
Yes |
| Amii Larkin Barnard |
THE APPLICATION OF CRITICAL RACE FEMINISM TO THE ANTI-LYNCHING MOVEMENT: BLACK WOMEN'S FIGHT AGAINST RACE AND GENDER IDEOLOGY, 1892-1920 |
3 UCLA Women's Law Journal 1 (Spring, 1993) |
At the turn of the twentieth century, two intersecting ideologies controlled the consciousness of Americans: White Supremacy and True Womanhood. These cultural beliefs prescribed roles for people according to their race and gender, establishing expectations for proper conduct. Together, these beliefs created a climate for lynch ideology to... |
1993 |
Yes |
| Richard Delgado |
THE INWARD TURN IN OUTSIDER JURISPRUDENCE |
34 William and Mary Law Review 741 (Spring, 1993) |
Over the past few years, several areas of outsider jurisprudence have developed rapidly. Radical feminism has transformed the way we view gender and inequality while achieving concrete reforms in such areas as the workplace, reproductive liberty, and regulation of pornography. A newer movement, Critical Race Theory (CRT), has attracted... |
1993 |
Yes |
| Robert S. Chang |
TOWARD AN ASIAN AMERICAN LEGAL SCHOLARSHIP: CRITICAL RACE THEORY, POST-STRUCTURALISM, AND NARRATIVE SPACE |
81 California Law Review 1241 (October, 1993) |
Prelude. 1243 Introduction: Mapping the Terrain. 1247 I. The Need for an Asian American Legal Scholarship. 1251 A. That Was Then, This Is Now: Variations on a Theme. 1251 1. Violence Against Asian Americans. 1252 2. Nativistic Racism. 1255 B. The Model Minority Myth. 1258 C. The Inadequacy of the Current Racial Paradigm. 1265 1. Traditional Civil... |
1993 |
Yes |
| |
WORDS THAT WOUND: CRITICAL RACE THEORY, ASSAULTIVE SPEECH, AND THE FIRST AMENDMENT. BY MARI J. MATSUDA, CHARLES R. LAWRENCE III, RICHARD DELGADO & KIMBERLE W. CRENSHAW. bOULDER, COLO.: WESTVIEW PRESS. 1993. PP. VIII, 160. $49.00 (CLOTH), $15.95 (PAPER). |
107 Harvard Law Review 505 (December, 1993) |
In this compilation of essays, four legal academics, people of color, and liberationist teachers consider regulation of racist speech in America. Though markedly different in their approaches to this particularly thorny issue, the four authors build a powerful undercurrent through several commonalities. All four authors advocate an... |
1993 |
Yes |
| Phyllis Goldfarb |
BEYOND CUT FLOWERS: DEVELOPING A CLINICAL PERSPECTIVE ON CRITICAL LEGAL THEORY |
43 Hastings Law Journal 717 (April, 1992) |
The critical theory project, as propounded by the critical legal studies (cls) movement, resembles in certain respects the clinical education project as some clinical educators describe and practice it. Although proponents of other alternative legal theories, most notably critical race theorists and feminist legal theorists, have engaged the... |
1992 |
Yes |
| Gary Peller |
NOTES TOWARD A POSTMODERN NATIONALISM |
1992 University of Illinois Law Review 1095 (1992) |
The emergence of a critical race theory genre in legal scholarship is intertwined with parallel and analogous developments in other academic fields, as well as with recent transformations of the American cultural arena, developments often labelled as multiculturalism or the diversity movement. These events are linked around a rejection of... |
1992 |
Yes |
| Matthew W. Finkin |
REFLECTIONS ON LABOR LAW SCHOLARSHIP AND ITS DISCONTENTS: THE REVERIES OF MONSIEUR VEROG |
46 University of Miami Law Review 1101 (May, 1992) |
I. Introduction. 1101 II. Traditional Legal Scholarship. 1102 A. The Critique. 1107 B. Solving Legal Problems. 1111 III. Non-Traditional Legal Writing. 1117 A. Law and Economics. 1118 B. Critical Legal Studies. 1122 C. Feminism. 1126 D. Critical Race Theory. 1136 E. Voice and Storytelling. 1138 IV. The age demanded'. 1143 V. The age... |
1992 |
Yes |
| Anthony E. Cook |
THE SPIRITUAL MOVEMENT TOWARDS JUSTICE |
1992 University of Illinois Law Review 1007 (1992) |
Critical Race Theory is the latest addition to the postrealist smorgasbord of jurisprudence. As its number of advocates, adherents and admirers grows, it is slowly moving from the appetizer to the entree section of jurisprudential offerings in many law schools. Eagerly consumed and digested by some, it is quickly rejected by others who prefer the... |
1992 |
Yes |
| Richard Delgado |
BREWER'S PLEA: CRITICAL THOUGHTS ON COMMON CAUSE |
44 Vanderbilt Law Review 1 (January, 1991) |
A. Overview of Critical Race Studies 1. Program 2. Methods B. Possibilities of Reconciliation 1. Nature of the Impasse: Two Colloquies a. Merit b. Context 2. A Way Out of the Impasse? Brewer's Call for Storytelling As most legal readers know, members of the Critical Race Studies (CRS) school and mainstream civil rights scholars have been carrying... |
1991 |
Yes |
| Gerald Torres |
CRITICAL RACE THEORY: THE DECLINE OF THE UNIVERSALIST IDEAL AND THE HOPE OF PLURAL JUSTICE -- SOME OBSERVATIONS AND QUESTIONS OF AN EMERGING PHENOMENON |
75 Minnesota Law Review 993 (February, 1991) |
[C]onsider what effects, which might conceivably have practical bearings, we conceive the object of our conception to have. Then, our conception of these effects is the whole of our conception of the object. No particular results then, so far, but only an attitude of orientation, is what the pragmatic method means. The attitude of looking away from... |
1991 |
Yes |
| Charles W. Collier |
CULTURAL CRITIQUE AND LEGAL CHANGE |
43 Florida Law Review 463 (July, 1991) |
In Emerging Centrist Liberalism, Mark Kelman locates postwar centrist legal discourse within a universe of competing and evolving political traditions. After considering the legal process school, law and economics, and Critical Legal Studies, Kelman concludes that [u] ltimately . . . I suspect that . . . the Critical Race Theorists and feminists... |
1991 |
Yes |
| Joan Chalmers Williams |
DISSOLVING THE SAMENESS/DIFFERENCE DEBATE: A POST-MODERN PATH BEYOND ESSENTIALISM IN FEMINIST AND CRITICAL RACE THEORY |
1991 Duke Law Journal 296 (April, 1991) |
[The negro] is too radically different from the white man in his mental and emotional structure ever to be more than a spurious and uneasy imitation of him, if he persists in following this direction. His soul contains riches which can come to fruition only if he retains intact the full spate of his emotional awareness, and uses unswervingly the... |
1991 |
Yes |
| Alex M. Johnson, Jr. |
THE NEW VOICE OF COLOR |
100 Yale Law Journal 2007 (May, 1991) |
INTRODUCTION 2008 I. BACKGROUND: THE ARGUMENT OVER EXISTENCE 2012 A. The Debate 2012 B. The Hierarchical Majoritarian Variation of Voice 2015 C. Limiting the Concept of Voice: A Contextual Approach 2018 II. A COMPARATIVE APPROACH TO UNDERSTANDING OUR DIFFERENCES 2020 A. Critical Feminist Theory and Critical Race Theory: A Comparative Approach 2022... |
1991 |
Yes |
| Robin D. Barnes |
RACE CONSCIOUSNESS: THE THEMATIC CONTENT OF RACIAL DISTINCTIVENESS IN CRITICAL RACE SCHOLARSHIP |
103 Harvard Law Review 1864 (June, 1990) |
Holmesian jurisprudence explains how distinct minority legal perspectives might be created. They are created in the same way that most legal perspectives are created: by culture, by values, and by community experiences and expectations. . . . To say that minority groups . . . have distinct perspectives or positions on legal matters that touch their... |
1990 |
Yes |
| Erin M. Carr , Nabil Yousfi |
"ANTI-WOKEISM" & AUTHORITARIANISM: A RENEWED CALL FOR CONSTITUTIONAL PROTECTIONS FOR EDUCATION |
74 Syracuse Law Review 971 (2024) |
Introduction. 972 I. The History of the Weaponization of Education. 975 II. Anti-Wokeism as Modern-Day Anti-Literacy Laws. 982 A. The Prohibition and Punishment of Knowledge. 985 B. The Authoritarianism Inherent to Anti-Literacy Legislation. 991 III. Measuring the Early Effects of the Stop W.O.K.E. Act. 996 A. The Contagion Effect. 996 B. Racial... |
2024 |
|
| Zamir Ben-Dan |
"HOLD YOUR (UN)SCHOLARLY TONGUE": DISMANTLING SIR RACISM'S 'ACADEMIC FREEDOM' SHIELD |
33 Southern California Review of Law & Social Justice 159 (Spring, 2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 160 II. THE ORIGINS AND PURPOSES OF ACADEMIC FREEDOM. 164 A. The 1915 Declarations of Principles on Academic Freedom and Academic Tenure. 164 B. Further AAUP Comments on Academic Freedom. 167 C. Academic Freedom vs. The First Amendment. 168 1. The Supreme Court's Treatment of Academic Freedom as It Relates to... |
2024 |
|
| Jasmine Oesterling |
"I CAN'T BREATHE": A COMPARISON OF RACIAL INEQUITY AND POLICE BRUTALITY OBSERVED IN FRANCE AND THE UNITED STATES |
17 DePaul Journal for Social Justice 1 (Spring, 2024) |
This paper explores the unanticipated convergence of human experiences among Black and Brown citizens of France and the United States, despite their historical and legislative differences. Investigating racial inequity and police brutality through a comparative lens, this paper highlights global connections forged by racial and ethnic minorities in... |
2024 |
|
| Jacob Abolafia |
"SAFETY, IN A REPUBLICAN SENSE": TRUMP v. UNITED STATES, DEMOCRACY, AND AN ANTISUBORDINATION THEORY OF THE CRIMINAL LAW |
134 Yale Law Journal Forum 43 (25-Oct-24) |
abstract. Democratic governance requires holding the powerful to account. This principle was as familiar to the ancient Athenians as it was to the Framers of the Constitution. Contemporary liberal democracies, however, must balance the need for popular control with the procedural principles of criminal due process. First and foremost among these is... |
2024 |
|
| M. Broderick Johnson |
"TRYING TO SAVE THE WHITE MAN'S SOUL": PERPETUALLY CONVERGENT INTERESTS AND RACIAL SUBJUGATION |
133 Yale Law Journal 1335 (February, 2024) |
An assumption that dominates the discourse on race in the United States is that racial subjugation is only harmful to the subjugated. Many people take for granted that White people have nothing to gain from disrupting the existing racial hierarchy. Indeed, efforts to uplift people of color are typically viewed as coming at the expense of White... |
2024 |
|
| Geeta Tewari |
#METOO: RETHINKING LAW AND LITERATURE TO DEFINE NARRATIVE JUSTICE |
102 Oregon Law Review 489 (2024) |
Abstract. 490 Introduction. 491 I. From Law and Literature to Narrative Justice. 496 A. Historical Background. 496 B. Telling Stories in Courts. 501 II. Modern Application of Narrative Justice: The #MeToo Movement. 507 A. The Formation and Building of the #MeToo Movement. 508 B. First-Person Narratives in the #MeToo Movement. 510 C. Denial and... |
2024 |
|
| Bijal Shah |
A CRITICAL ANALYSIS OF SEPARATION-OF-POWERS FUNCTIONALISM |
84 Ohio State Law Journal 1007 (2024) |
The separation of powers, and the narrow formalist/functionalist tension on which this framework rests, is in need of moral grounding. A critical legal perspective could enable administrative law and separation-of-powers scholars to better articulate overlooked problems, stakes, and possibilities, as a theoretical, normative, and prescriptive... |
2024 |
|
| Eli Wald |
A LIBERAL THEORY OF LEGAL EDUCATION |
75 Alabama Law Review 563 (2024) |
Introduction. 564 I. The Liberal Façade of Law Schools. 567 A. Law Schools' Historical Orthodox Model: Formalism, Realism, and the Functionalist Approach. 568 B. Law Schools' Orthodox Model 2.0: New Liberalism. 571 C. The New Liberalism Excuse in the Twenty-First Century. 578 D. The Banality of the A-Liberal Model of Legal Education. 581 II. A... |
2024 |
|
| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
|
| Karen Tokarz , Becky L. Jacobs , Sherley Cruz , Kendall Kerew , Andrew King-Ries , Carwina Weng |
ABA STANDARD 303(C) AND DIVISIVE CONCEPTS LEGISLATION AND POLICIES: CHALLENGES AND OPPORTUNITIES |
73 Washington University Journal of Law & Policy 247 (2024) |
This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and divisive concepts laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard... |
2024 |
|
| I. Bennett Capers |
AFROFUTURISM AND THE LAW: A MANIFESTO |
112 Georgetown Law Journal 1361 (June, 2024) |
C1-3Table of Contents L1-2Introduction . L31361 I. Imagine Other Suns. 1367 II. Make Those Suns Shine. 1371 III. Know What You're Fighting for. 1372 IV. Listen to Afrofuturist Griots. 1375 V. Listen to Other Griots. 1377 VI. Question Law. 1379 VII. Reject Manifestos. 1382 L1-2Conclusion . L31383 |
2024 |
|
| Etienne C. Toussaint |
AFROFUTURISM AT WORK: CRITIQUE & PRAXIS |
112 Georgetown Law Journal 1491 (June, 2024) |
During the early months of the COVID-19 pandemic, so-called essential workers from minoritized racial and ethnic groups were disproportionately subjected to workplace indignities that resembled, in the words of Keeanga-Yamahtta Taylor, a modern Black plague. Some observers expressed faith in existing corporate governance regimes, noting that many... |
2024 |
|
| Dheepa Sundaram |
AN ACADEMIC CONFERENCE, A BOMB THREAT, AND A TITLE VI COMPLAINT: U.S. HINDU NATIONALIST GROUPS' LITIGIOUS ASSAULT ON ACADEMIC FREEDOM |
16 Drexel Law Review 837 (2024) |
This Article outlines the rising threat to academic freedom from Hindutva (Hindu nationalist) organizations in the United States. The Article explores how the Hindu nationalist playbook in the United States works, the legal strategies they use to target scholars with whom they disagree, how they leverage social justice mechanisms for redress of... |
2024 |
|
| Paul Gowder |
ANTI-LIBERAL RIGHTS RETRENCHMENT AS A THREAT TO THE RULE OF LAW |
73 Emory Law Journal 1173 (2024) |
The Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, overturning the half-century old constitutional right to reproductive choice, is only the most prominent example of a global series of attacks on rights of personal, sexual, and family autonomy. The attacks on LGBTQ+ rights by the Christian nationalist governments of... |
2024 |
|
| Antonio L. Ingram II |
ANTI-TRUTH MOVEMENTS IN POST WORLD WAR II GERMANY AND CONTEMPORARY TEXAS: THE REPETITION OF HISTORY AND LESSONS IN TRUTHFUL RECONSTRUCTION |
16 Drexel Law Review 751 (2024) |
Legislators in Texas mounted an assault on multiracial democracy when they attacked public higher education throughout the Lone Star State in the 87th legislative session with the introduction of Senate Bills 16, 17 and 18. Together, these bills arguably constituted a tripartite attack on the foundation of public higher education in Texas, seeking... |
2024 |
|
| Nicholas Serafin |
BORN TO EQUALITY: MINOR CHILDREN, EQUAL PROTECTION, AND STATE LAWS TARGETING LGBTQ+ YOUTH |
75 UC Law Journal 411 (March, 2024) |
States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express animus towards and impose a stigma upon LGBTQ+ minor children. Though they are distinct doctrines, the Court has interwoven... |
2024 |
|
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
|
| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
|
| Melina Constantine Bell |
CHILDREN'S RIGHT TO ACCESS POTENTIALLY CRITICAL LEARNING: LIBERATING YOUTH FROM PROPAGATION OF STRUCTURAL INJUSTICE |
33 Southern California Review of Law & Social Justice 29 (Winter, 2024) |
Over the past two years, U.S. states have passed educational gag orders (EGOs) that prohibit teaching about antiracism and LGBTQ+ identities. EGOs are destructive in at least two ways. First, they violate children's right to access information that is potentially critical for their individual well-being. Second, they interfere with cultivating... |
2024 |
|
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
|
| Tyler Rose Clemons |
COERCIVE IDEOLOGY |
83 Maryland Law Review 1121 (2024) |
Current equal protection jurisprudence does not permit challenges to discriminatory government expression, no matter how blatant or extreme. This doctrine, which I label the discriminatory treatment requirement, is a manifestation of anticlassification, the prevailing equal protection framework since the mid-1970s. According to anticlassification,... |
2024 |
|
| Michael L. Smith |
CONSTITUTIONAL INTERPRETATION AND ZOMBIE PROVISIONS |
40 Georgia State University Law Review 603 (Spring, 2024) |
The United States Constitution and state constitutions contain numerous zombie provisions, including language restricting marriage to relationships between one man and one woman, voter literacy test requirements, disqualification of atheists from serving in office or testifying as witnesses, and pervasive gendered language restricting rights and... |
2024 |
|
| Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
2024 |
|
| Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
|
| Margaret Hu |
CRITICAL DATA THEORY |
65 William and Mary Law Review 839 (March, 2024) |
Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with... |
2024 |
|
| Anastasia M. Boles , Demetria D. Frank , Darrell D. Jackson , Jamila E. Jefferson |
CULTURALLY PROFICIENT LAWYERING: A FRAMEWORK AND RUBRIC SUPPORTING LEARNING OUTCOMES AND OBJECTIVES |
86 University of Pittsburgh Law Review 1 (Fall, 2024) |
Culturally Proficient Lawyering is an important guide for legal educators who are employing cultural proficiency course objectives in accordance with new American Bar Association (ABA) accreditation Standard 303(c). The recently adopted Standard 303(c) requires that law schools educate students about bias, cross-cultural competency, and racism.... |
2024 |
|
| Deirdre Pfeiffer , Xiaoqian Hu |
DECONSTRUCTING RACIAL CODE WORDS |
58 Law and Society Review 294 (June, 2024) |
Racism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what colorblind race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse--racial code words, which are (1) indirect signifiers of racial... |
2024 |
|
| Francisco Valdes |
DEFEAT FASCISM, TRANSFORM DEMOCRACY: MAPPING ACADEMIC RESOURCES, REFRAMING THE FUNDAMENTALS, AND ORGANIZING FOR COLLECTIVE ACTIONS |
47 Seattle University Law Review 1057 (Spring, 2024) |
[T]he truth will set you free. --Jesus What happens when truth doesn't matter anymore? --Barack Obama A vote for Donald Trump is a vote for a fascist government. --Cassidy Hutchinson Those who cannot remember the past are condemned to repeat it. --Jorge Santayana Introduction & Context. 1059 I. The Critical (Legal) Collective: Learning and Acting... |
2024 |
|
| Sheldon Bernard Lyke |
DEFENSE AGAINST THE DARK ARTS: THE DIVERSITY RATIONALE AND THE FAILED AFFIRMATIVE DEFENSE OF AFFIRMATIVE ACTION |
80 Washington and Lee Law Review 1873 (2024) |
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight... |
2024 |
|
| Andrew F. Popper |
DEMOCRACY ON THE BRINK, DOWN BUT NOT DEFEATED |
10 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2024) |
This essay assesses the current state of governance and is premised on the notion that distrust, anger, and discontent in our legal system represent a threat to the whole of the regulatory state and voting, the preeminent engines of democracy. The decline in trust in government is attributable in meaningful part to the prevalence of lies and false... |
2024 |
|
| Janel A. George |
DENY, DEFUND, AND DIVERT: THE LAW AND AMERICAN MISEDUCATION |
112 Georgetown Law Journal 509 (March, 2024) |
Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund... |
2024 |
|
| Frank Rudy Cooper |
DICTA MINES, PRETEXT, AND EXCESSIVE FORCE: TOWARD CRIMINAL PROCEDURE FUTURISM |
112 California Law Review 1007 (June, 2024) |
Scholars have recently criticized Fourth Amendment pretext doctrine for leading to more police contact with Black and Brown people and thus to racially disproportionate uses of excessive force. This Essay reveals the intersection of the Court's pretext and excessive force doctrines by unearthing their shared roots in the 1973 United States v.... |
2024 |
|
| Cassandra Jones Havard |
DIGITAL FOOTPRINTS: TECHNOLOGY, RACE, AND JUSTICE |
45 Cardozo Law Review 1177 (April, 2024) |
Data aggregation is ubiquitous. To widen credit access, lenders now use nonconventional sources of personal technological information to measure borrower creditworthiness. Alternative data credit scoring is touted as a useful solution for borrowers with little or no credit history or thin credit files. The supposedly neutral algorithm provides a... |
2024 |
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