| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Sarah Ryan |
LIBERTY AND EQUALITY UNDER THE FIRST AMENDMENT: SCRUTINIZING BOOK BANS THROUGH AN EQUAL PROTECTION FRAMEWORK |
90 Brooklyn Law Review 299 (Fall, 2024) |
The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers and no buyers. In May of 2022, Vicki Baggett, a language arts teacher, submitted a Request for the Reconsideration of Educational Media, objecting to the use... |
2024 |
|
| John P. Anderson , Jeremy Kidd |
MARKET FAILURE AND CENSORSHIP IN THE MARKETPLACE OF IDEAS |
76 Oklahoma Law Review 269 (Winter, 2024) |
The familiar metaphor of the exchange of ideas as a marketplace has permeate [d] the Supreme Court's first amendment jurisprudence. Founded on the presumption that competition in markets leads to efficient outcomes, the analogy of a marketplace of ideas suggests that competition among ideas will reliably arrive at truth, or at least the most... |
2024 |
|
| Margaret E. Montoya |
MEMORIES OF AN AFFIRMATIVE ACTION ACTIVIST |
47 Seattle University Law Review 1029 (Spring, 2024) |
C1-2Contents I. Autobiography as Historic Frame & Rationale for Educational Access Through an Expansive Affirmative Action. 1031 II. SALT and Affirmative Action Activism in Law Schools. 1039 III. The Slim But Cruel Vestige of Affirmative Action That Survives: The Military Exception in SFFA. 1047 IV. Affirmative Action in Medicine, Rebutting Justice... |
2024 |
|
| Michael L. Smith |
MORAL PANIC AND THE FIRST AMENDMENT |
72 Buffalo Law Review 455 (April, 2024) |
Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics... |
2024 |
|
| Joseph Hummel |
MUSIC OF THE LAW: A WIGMORIAN PLAYLIST FOR A MODERN ERA |
59 Tulsa Law Review 301 (Spring, 2024) |
I. Introduction. 302 II. The Evolution of law and Literature and Music's Place (or Lack Thereof) Within It. 303 III. Music and its Relation to the Law. 312 A. Music and the Law. 312 B. But after all, what is served by such a list?. 314 i. The Law Governing Music, and the Music Governing Law. 314 ii. Justifications and Professional Goals:... |
2024 |
|
| Nino C. Monea |
NEXT ON THE CHOPPING BLOCK: THE LITIGATION CAMPAIGN AGAINST RACE-CONSCIOUS POLICIES BEYOND AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS |
33 Boston University Public Interest Law Journal 1 (Winter, 2024) |
Abstract. 4 Introduction. 4 I. The Legal Landscape. 6 A. University Admissions Precedent. 6 B. Other Affirmative Action Precedent. 8 C. Major Anti-Discrimination Laws. 8 D. The Plaintiffs. 10 II. Common Contested Issues in Affirmative Action Litigation. 14 A. Standing. 14 1. Injury. 14 2. Redressability. 16 3. Ripeness. 17 4. Mootness. 18 B.... |
2024 |
|
| Emily M.S. Houh |
OHIO: A CASE STUDY IN SUBNATIONAL AUTHORITARIANISM |
16 Drexel Law Review 713 (2024) |
Since 2021, legislators and school board members in Ohio have continuously introduced, proposed, or adopted a barrage of measures aimed at restricting what can be taught in K-12 and higher education institutions. This article contextualizes the attacks in Ohio on higher education specifically in a national and global context; closely analyzes the... |
2024 |
|
| Jessica M. Eaglin |
ON "COLOR-BLIND" AND THE ALGORITHM |
112 Georgetown Law Journal 1385 (June, 2024) |
Earthling? I jump and bump my head on the underside of a bookshelf. It is a quiet Monday in late summer, right before the start of the school year. I am unpacking boxes of books. To suggest that I am distracted would be an understatement. Yet, when I hear that airy call behind me, I know who it is. AJ, hello, I call out as I turn to open yet... |
2024 |
|
| Mark C. Grafenreed |
OPEN HUNTING SEASON: BLACK BODIES AS A THREATENED SPECIES |
30 Cardozo Journal of Equal Rights & Social Justice 341 (Winter, 2024) |
. about one white person in two believes police provide very good protection . for Negroes, the figure is one in five. Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to... |
2024 |
|
| Cecilia Giles |
PARENTAL RIGHTS OR POLITICAL PLOYS? UNRAVELING THE DECEPTIVE THREADS OF MODERN "PARENTAL RIGHTS" LEGISLATION |
92 University of Cincinnati Law Review 1171 (2024) |
The Supreme Court has long recognized the right of parents to be involved in their children's education. In 2000, Justice O'Connor stated in Troxel v. Granville that the interest of parents in the care, custody, and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court. However, despite the... |
2024 |
|
| Clare Huntington |
PARENTAL RIGHTS: RHETORIC versus DOCTRINE |
91 University of Chicago Law Review 503 (March, 2024) |
Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law... |
2024 |
|
| Lili Levi |
POLITICIZING ANTISEMITISM AMIDST TODAY'S EDUCATIONAL CULTURE WARS |
27 Lewis & Clark Law Review 1185 (2024) |
The traditional narrative of American Jewry emphasizes American exceptionalism with respect to antisemitism. But there have been clear signs of a resurgence of public antisemitism in the United States even before the massive rise in antisemitic expression and incidents associated with the Israel-Hamas war of fall 2023. One of the notable aspects of... |
2024 |
|
| Francisco Valdes, Steven W. Bender, Jennifer J. Hill |
PREPARING FOR THE RECKONING OF LAW WITH JUSTICE: ORGANIZING LATCRIT HEMISPHERICALLY FOR SYSTEMIC AND MATERIAL POWER |
22 Seattle Journal for Social Justice 823 (Spring, 2024) |
As the 230 registrants of the 2023 biennial LatCrit conference marked the 28 anniversary of LatCrit theory, community, and praxis, we also marked our first hybrid conference in the Global North. This method of convening is designed strategically to take advantage of combining resource-conserving virtual participation with a hub or anchor of... |
2024 |
|
| Brandon Hasbrouck |
PRISONS AS LABORATORIES OF ANTIDEMOCRACY |
133 Yale Law Journal 1966 (April, 2024) |
Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America's prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls:... |
2024 |
|
| Vincent M. Southerland |
PUBLIC DEFENSE AND AN ABOLITIONIST ETHIC |
99 New York University Law Review 1635 (November, 2024) |
The American carceral state has grown exponentially over the last six decades, earning the United States a place of notoriety among the world's leaders in incarceration. That unprecedented growth has been fueled by a cultural addiction to carceral logic and its tools--police, prosecution, jails, prisons, and punishment--as a one-size-fits-all... |
2024 |
|
| Michael P. Goodyear |
QUEER TRADEMARKS |
2024 University of Illinois Law Review 163 (2024) |
LGBTQ+ slurs can now be registered as federal trademarks. The U.S. Supreme Court's decisions in Matal v. Tam and Iancu v. Brunetti permitted federal registration of disparaging, immoral, or scandalous trademarks. Appellee Simon Tam cheered, hoping that these decisions would usher in a new era of minority communities reappropriating offensive terms... |
2024 |
|
| Jeremy Bearer-Friend |
RACE-BASED TAX WEAPONS |
14 UC Irvine Law Review 1067 (October, 2024) |
In the United States, the term poll tax often refers to a very specific tactic of white supremacy: the use of tax policy to prevent voting by Black citizens. While poll tax is an accurate descriptor of these taxes, poll taxes have a much more expansive history within the twentieth century. Following in the rich tradition of comparative tax... |
2024 |
|
| Benjamin J. Priester |
REBOOTING THE SUPREME COURT |
59 Tulsa Law Review 253 (Spring, 2024) |
In 2023, the United States Supreme Court faced its greatest crisis of legitimacy in nearly a century, and one of the most severe in its history. Yet the Roberts Court majority has demonstrated little recognition of the legitimacy crisis or willingness to mitigate or ameliorate it. If the Court continues on its present trajectory, thereby... |
2024 |
|
| Samuel Moyn |
RECONSTRUCTING CRITICAL LEGAL STUDIES |
134 Yale Law Journal 77 (October, 2024) |
It is an increasingly propitious moment to build another radical theory of law, after decades of relative quiescence in law schools since the last such opportunity. This Essay offers a reinterpretation of the legacy of critical theories of law, arguing that they afford useful starting points for any radical approach, rather than merely cautionary... |
2024 |
|
| David A. Green |
REMINISCENT OF THE LITTLE ROCK NINE AND RUBY BRIDGES: PRESENT DAY RACIALLY OFFENSIVE COMMENTS THAT CREATE A HOSTILE EDUCATIONAL ENVIRONMENT |
23 Connecticut Public Interest Law Journal 72 (Fall, 2023-Winter, 2024) |
Education . means emancipation. It means light and liberty. It means the uplifting of the soul of man into the glorious light of truth, the light by which men can only be made free. - Frederick Douglass Dr. William Anderson is a full professor at Anystate University, within the University's College of Arts & Sciences, Liberal Arts and Humanities... |
2024 |
|
| David Schraub |
RENEWING STUDY INTO THE OLDEST HATRED: INTRODUCTION TO THE LAW vs. ANTISEMITISM SYMPOSIUM |
27 Lewis & Clark Law Review 1027 (2024) |
Antisemitism, it is sometimes said, is the world's oldest hatred. But in legal academia, at least, the study of antisemitism remains a nascent phenomenon. When my colleagues Diane Kemker and Rob Katz inaugurated the Law vs. Antisemitism conference in 2022, it immediately became the largest American conference to ever have been dedicated to... |
2024 |
|
| Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
|
| Johany G. Dubon |
REREADING PICO AND THE EQUAL PROTECTION CLAUSE |
92 Fordham Law Review 1567 (March, 2024) |
More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board's decision to remove books from its libraries. However, the Court's response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a... |
2024 |
|
| Todd J. Clark |
REVERSING DEI: THE CONSEQUENCE - "IED" INDOCTRINATION AND ELIMINATION OF DIVERSITY |
55 University of Toledo Law Review 169 (Winter, 2024) |
Attacks on Diversity, Equity, and Inclusion (DEI) efforts, from right-wing conservatives, are an attack on marginalized communities, specifically black and brown people and members of the LGBTQ+ community. Over the past five years, the world around us has changed. DEI initiatives that once offered a glimmer of hope for members of marginalized... |
2024 |
|
| Steven W. Bender |
REVISED ABA STANDARD 303: CURRICULAR, PEDAGOGICAL, AND SUBSTANTIVE QUESTIONS |
47 Seattle University Law Review Supra 1 (10-Jan-24) |
C1-2Contents Introduction. 1 I. Standard 303: Robustness/Criticality or Low Bar?. 3 A. The Compliance Spectrum. 3 B. Evaluating Compliance Approaches: What Criticality Requires. 5 C. Implementation Requires Bias Education and Cross-Cultural Competence Informed by Critical Insights. 7 II. Exposing the ABA's Own Dirty Laundry. 9 III. Who Implements... |
2024 |
|
| Rena M. Lindevaldsen |
SACRIFICING OUR CHILDREN AT THE ALTAR OF MODERN K-12 PUBLIC EDUCATION |
18 Liberty University Law Review 961 (Spring, 2024) |
Should publicly-funded K-12 education continue to exist? At first blush, it might seem a radical question to even ask. But when public schools are failing in their essential purposes, we need to explore whether to cease funding them. From their inception, public schools had at least two essential purposes: to train students in those values... |
2024 |
|
| Jerry C. Edwards |
SAFEGUARDING THE SEARCH FOR TRUTH: CARVING OUT ACADEMIC FREEDOM'S PLACE IN A DOMAIN DOMINATED BY GOVERNMENT SPEECH |
19 Harvard Law & Policy Review 93 (Summer, 2024) |
Across the United States, academic freedom is facing its most significant and sustained assaults since the days of Joseph McCarthy. The state governments launching these attacks have sought refuge in the broad confines of government speech, a doctrine that first emerged decades after the Supreme Court's seminal academic freedom decisions. Because... |
2024 |
|
| Priya Baskaran |
SEARCHING FOR JUSTICE: INCORPORATING CRITICAL LEGAL RESEARCH INTO CLINIC SEMINAR |
30 Clinical Law Review 227 (Spring, 2024) |
This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justiceoriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal... |
2024 |
|
| Jeremiah A. Ho |
SECOND-TIER MARRIAGES |
68 Saint Louis University Law Journal 835 (Summer, 2024) |
This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now on the books, the Supreme Court's treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n and 303 Creative LLC v. Elenis... |
2024 |
|
| Matt Blaszczyk |
SECTION 230 REFORM, LIBERALISM, AND THEIR DISCONTENTS |
60 California Western Law Review 221 (Winter, 2024) |
The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to... |
2024 |
|
| Brooke D'Amore Bradley |
SEX EDUCATION AFTER DOBBS: A CASE FOR COMPREHENSIVE SEX EDUCATION |
39 Berkeley Journal of Gender, Law & Justice 121 (2024) |
Abstinence-only sex education, a curriculum that teaches abstinence is the most effective form of birth control, is the dominant and most funded sex education in the United States. This is despite research that shows it is not effective, leaves students uninformed, and negatively reinforces gender stereotypes. In comparison, research suggests that... |
2024 |
|
| Yvette Butler |
SILENCING THE SEX WORKER |
71 UCLA Law Review 726 (September, 2024) |
This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... |
2024 |
|
| Paul Gowder |
STANDPOINT EPISTEMOLOGY, THE FIRST AMENDMENT, AND UNIVERSITY AFFIRMATIVE ACTION |
32 William & Mary Bill of Rights Journal 979 (May, 2024) |
It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is an atmosphere in which there prevail the four essential freedoms' of a university--to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to... |
2024 |
|
| Abby Minihan |
STUDENT NOTE: STRONGER TOGETHER: HOW UNION FRIENDLY LEGISLATION CAN HELP MEND THE TEACHER SHORTAGE |
53 Journal of Law and Education 205 (Spring, 2024) |
The practice of organized labor has a long history in the United States, and currently a significant number of workers in the United States are part of a labor union. Surprisingly, some of the most prominent and influential labor unions in the United States revolve around the jobs that teach and take care of our children, as every state has a... |
2024 |
|
| Robert A. Garda, Jr. |
STUDENTS FOR FAIR ADMISSIONS THROUGH THE LENS OF INTEREST-CONVERGENCE THEORY: REALITY, PERCEPTION, AND FEAR |
77 SMU Law Review 93 (Winter, 2024) |
In two cases, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (SFFA), the Supreme Court held that Harvard and UNC violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act in their use of race in their... |
2024 |
|
| Aaren N. Cassidy, Ed.D. , Steven L. Nelson, J.D., Ph.D. |
TAKEOVER AS THE THIRD WAY: RACE AS THE ANTECEDENT AND CONSEQUENCE OF STATE TAKEOVER OF PUBLIC SCHOOLS AND SCHOOL DISTRICTS |
27 Harvard Latin American Law Review 1 (Spring, 2024) |
State takeovers of public schools and districts have been on the rise for decades leaving a trail of wreckage disproportionately impacting Black and Brown communities across the United States. States have claimed state takeovers of public schools and districts are the optimal solution for state-declared failing schools. However, these contentious... |
2024 |
|
| Gabriel J. Chin , Paul Finkelman |
THE "FREE WHITE PERSON" CLAUSE OF THE NATURALIZATION ACT OF 1790 AS SUPER-STATUTE |
65 William and Mary Law Review 1047 (April, 2024) |
A body of legal scholarship persuasively contends that some judicial decisions are so important that they should be considered part of the canon of constitutional law including, unquestionably, Marbury v. Madison and Brown v. Board of Education. Some decisions, while blunders, were nevertheless profoundly influential in undermining justice and the... |
2024 |
|
| Morenike Fajana, Katrina Feldkamp, Allison Scharfstein |
THE ANTI-TRUTH MOVEMENT IN CONTEXT: RETHINKING THE FIGHT FOR TRUTH AND INCLUSIVE EDUCATION |
16 Drexel Law Review 787 (2024) |
The right to access information and freely express oneself is among the cornerstones of our democracy and Black political power. The racial justice uprisings of 2020 saw an expansion of Black political participation and power, as millions of Black Americans and allies protested police murders, advocated for equitable healthcare and economic... |
2024 |
|
| Patricia A. Broussard, Shelly Taylor Page |
THE ATTEMPTED ANITA HILLIFICATION OF THE HONORABLE JUDGE KETANJI BROWN JACKSON: GOD OF OUR WEARY YEARS, GOD OF OUR SILENT TEARS |
16 Elon Law Review 1 (2024) |
Georgiana G. Taylor (Gigi) was born in Iberia Parish in Louisiana in 1940. She was one of eleven children and one of the older girls in the family. She and her older sister, Rita, used to have to walk to the store to get groceries that their mother sometimes would need for meals. There was a brutal history of white men finding Black girls and... |
2024 |
|
| Robin Peterson |
THE COMPLICIT CANON OF CRIMINAL LAW: A CRITICAL SURVEY OF SYLLABI, CASEBOOKS, AND SUPPLEMENTAL MATERIALS |
57 University of Michigan Journal of Law Reform 565 (Spring, 2024) |
This Note analyzes the learning objectives, casebook readings, and supplemental sources that thirteen criminal law professors assigned over fifteen years and argues that the current approach to teaching criminal law is complicit in perpetuating the injustices of the American criminal legal system because it fails to adequately interrogate the... |
2024 |
|
| Ayodeji Kamau Perrin |
THE LAST COLONY OF THE MIND: NARRATIVE, LEGAL ADVOCACY, AND THE DECOLONIZATION OF LEGAL KNOWLEDGE |
38 Temple International and Comparative Law Journal 37 (Spring, 2024) |
Philippe Sands' The Last Colony tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ). In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial... |
2024 |
|
| Katheryn Russell-Brown |
THE MULTITUDINOUS RACIAL HARMS CAUSED BY FLORIDA'S ANTI-DEI AND "STOP WOKE" LAWS |
51 Fordham Urban Law Journal 785 (March, 2024) |
Since 2021, Florida has passed legislation that radically redefines how educators address race-related topics in the university classroom. Two laws in particular, House Bill 7 (HB 7 or the Stop WOKE Act) and Senate Bill 266 (SB 266), which outlaws diversity, equity, and inclusion (DEI) programs at Florida universities, have led the charge. The... |
2024 |
|
| Elizabeth Langston Isaacs |
THE MYTHOLOGY OF THE THREE LIARS AND THE CRIMINALIZATION OF SURVIVAL |
42 Yale Law and Policy Review 427 (Spring, 2024) |
There is nothing new about the legal system discounting the credibility of women, people of color, and people behind bars. Historically, the mythology of these three liars has given rise to evidentiary rules that equate female chastity with truthfulness, and Blackness (or its proxy--a criminal record) with dishonesty. Examples include the... |
2024 |
|
| Kristine L. Bowman |
THE NEW PARENTS' RIGHTS MOVEMENT, EDUCATION, AND EQUALITY |
91 University of Chicago Law Review 399 (March, 2024) |
The cultural debate heats up when the structure of American society appears to be in flux: moments of large-scale immigration (like the present), broad economic change (like the present), and shifting social relations (particularly when they involve changing racial or gender relations--again, like the present). Not surprisingly, contemporary... |
2024 |
|
| Jeremiah Chin |
THE NEXT GENERATION |
112 Kentucky Law Journal 729 (2023-2024) |
Table of Contents. 729 Introduction. 730 I. Towards a Critical Children's Constitutional Rights. 733 II. Recognizing Children's Rights in State Courts. 739 III. Children in State and Local Governance. 743 A. Children's Cabinets and Youth Councils. 743 B. Critical Youth Studies and Critical Children's Constitutional Law. 748 Conclusion. 752 |
2024 |
|
| Yael Zakai Cannon |
THE PERSISTENT PUBLIC HEALTH EMERGENCY |
55 Columbia Human Rights Law Review 726 (Spring, 2024) |
May 11, 2023 was ostensibly a day of celebration. With infections and deaths from COVID-19 down, the federal government announced the end of the official Public Health Emergency three years after its initial declaration. But the conclusion of the Public Health Emergency also signaled the termination of unprecedented health protection... |
2024 |
|
| Miyoko T. Pettit-Toledo |
THE POLITICS OF PROPORTIONALITY IN STATE CIVIL RULEMAKING |
101 Denver Law Review 641 (Spring, 2024) |
In the wake of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP)--particularly with the perceived constriction of discovery through the revised federal proportionality standard in Rule 26(b)(1)--a wave of critics quickly emerged. Some commentators highlighted how procedural reforms heightened barriers to accessing federal courts,... |
2024 |
|
| Cedric Merlin Powell |
THE POST-RACIAL DECEPTION OF THE ROBERTS COURT |
77 SMU Law Review 7 (Winter, 2024) |
Students for Fair Admissions v. Harvard/UNC (SFFA) is a post-racial deception unmoored from precedent and societal reality. SFFA deceives the polity and signals an all out assault on anti-discrimination law. To preserve its institutional legitimacy, the Roberts Court promotes doctrinal and conceptual distortions--post-racial deceptions of... |
2024 |
|
| Shawn E. Fields |
THE PROCEDURAL JUSTICE INDUSTRIAL COMPLEX |
99 Indiana Law Journal 563 (Winter, 2024) |
The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice - that a polite cop is... |
2024 |
|
| Moshe Cohen-Eliya |
THE PUBLIC-PRIVATE DIVIDE IN THE AGE OF IDENTITY POLITICS |
18 Law & Ethics of Human Rights 79 (July, 2024) |
https://doi.org/10.1515/lehr-2024-2003 Abstract: This article examines the impact of identity politics on the traditional liberal distinction between public and private spheres, arguing that critical theories associated with identity politics have significantly blurred these boundaries. This blurring is largely due to the portrayal of equality as a... |
2024 |
|