| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Rashmi Goel |
THE RPL EFFECT |
101 Denver Law Review 447 (Spring, 2024) |
The Rocky Mountain Collective on Race, Place & Law (RPL) is unique among law school organizations. Formed by professors at the University of Denver Sturm College of Law (Sturm), RPL is a group of Colorado legal academics and administrators working together to identify and address racial inequities in the U.S. and around the globe. Through... |
2024 |
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| Ashley Binetti Armstrong |
THE STORIES WE (DON'T) TELL: USING CASE BRIEFING TO EXPLORE BIAS AND OPPRESSION IN THE LAW |
28 Legal Writing: The Journal of the Legal Writing Institute 377 (2024) |
Traditional case briefing focuses on the text of the opinion--how courts frame and resolve legal issues. This Essay explores how to teach case briefing to investigate bias and oppression in the law. By discussing socio-historical context during class or assigning reimagined judicial opinions alongside the original opinion, teaching case briefing... |
2024 |
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| Justin Driver |
THE STRANGE CAREER OF ANTISUBORDINATION |
91 University of Chicago Law Review 651 (April, 2024) |
Constitutional scholars have long construed the Equal Protection Clause as containing two dueling visions: anticlassification and antisubordination. Scholars advancing the first view contend that the Clause prohibits the government from racially classifying people. But scholars promoting the second view argue that racial classifications are... |
2024 |
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| Kimberly Jade Norwood , Jaimie Hileman |
THE TRAGIC COSTS OF "PROTECTING" TRANS YOUTH |
73 Washington University Journal of Law & Policy 203 (2024) |
I am a 56-year-old Trans woman, lesbian, queer. I didn't understand this growing up, but I can sure remember when first I knew I was different. I was five. I remember the exact moment. It was a sunny September day. I was in kindergarten; the kids were playing by a big tree. The teacher began to divide us up into two groups, one for boys, one for... |
2024 |
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| Athena Mutua , Jonathan Feingold , Angela Harris , Emily Houh , Matthew Patrick Shaw , Frank Valdes |
THE WAR ON HIGHER EDUCATION |
72 UCLA Law Review Discourse 2 (2024) |
Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the... |
2024 |
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| Athena Mutua , Jonathan Feingold , Angela Harris , Emily Houh , Matthew Patrick Shaw , Frank Valdes |
THE WAR ON HIGHER EDUCATION |
72 UCLA Law Review Discourse 344 (2024) |
Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the... |
2024 |
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| Katharine T. Schaffzin |
THREADING THE NEEDLE |
55 University of Toledo Law Review 271 (Winter, 2024) |
The University of Memphis Cecil C. Humphreys School of Law provides an affordable, intellectually rigorous, and practice-oriented legal education and promotes student success, research, community engagement, diversity and inclusion, professional responsibility, and justice. -The University of Memphis Cecil C. Humphreys School of Law Mission This... |
2024 |
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| Michaela A. Giuggio |
TRADEMARKING HATE SPEECH: THE DANGERS OF INCONSISTENCY IN THE FEDERAL TRADEMARK REGISTRATION PROCESS |
28 Lewis & Clark Law Review 199 (2024) |
In 2017, the United States Supreme Court decided in Matal v. Tam that the Lanham Act's prohibitions on disparaging trademarks violated the First Amendment of the Constitution. Two years later, it decided in Iancu v. Brunetti that prohibitions on immoral or scandalous marks were similarly unconstitutional. In the wake of these decisions, and at a... |
2024 |
|
| The Palestine Festival of Literature (PalFest) |
TRANSCRIPT OF "BUT WE MUST SPEAK: ON PALESTINE AND THE MANDATES OF CONSCIENCE" |
28 U.C. Davis Social Justice Law Review 103 (Summer, 2024) |
Panelists Include: Michelle Alexander, Morgan Bassichis, Ta-Nehisi Coates, Natalie Diaz, Mohammed El-Kurd, Yasmin El-Rifae, Noura Erakat, Rev Raschaad Hoggard, Rashid Khalidi C1-2Table of Contents Background from the Symposium Hosts. 105 Introduction by Michelle Alexander & Yasmin El-Rifae. 106 Poetry Recited by Mohammed El-Kurd. 111 Conversation... |
2024 |
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| Benjamyn C. Elliott |
TRANSITION & THAW: AN EQUAL PROTECTION BASIS FOR GENDER-AFFIRMING HORMONES IN CARCERAL SETTINGS |
31 Virginia Journal of Social Policy and the Law 125 (Summer, 2024) |
Introduction. 127 I. Historical & Legal Background. 130 A. Terminology Used. 131 B. The State of Prison Healthcare. 136 1. Estelle v. Gamble and the Medical Adequacy Standard. 137 2. The Medicalization of Gender-Affirming Care in State Custody. 140 3. Freeze-Frame Policies as Markers of Gender-Regressiveness. 148 i. Adams v. Federal Bureau of... |
2024 |
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| Cosmas Emeziem |
UNTOUCHABLE SOVEREIGN DEBTS: TOWARDS A NEW MODEL OF TRANSITIONAL JUSTICE AND GLOBAL FINANCE |
52 Georgia Journal of International and Comparative Law 333 (2024) |
C1-2Table of Contents I. Introduction. 335 II. Foundation and Contexts of Transitional Justice and Sovereign Debts. 341 A. Transitional Justices. 341 1. Nature and Norms. 342 2. Africa and Transitional Justice. 347 B. Sovereign Debts. 351 1. Basic Principles. 351 2. Africa and Sovereign Debts. 354 III. Sovereign Debts And Transitional Justice:... |
2024 |
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| Jordan Halper |
WHEN LIFE TAKES YOUR LEMONS: RESOLVING THE LEGISLATIVE PRAYER DEBATE IN SCHOOL BOARD SETTINGS IN LIGHT OF KENNEDY v. BREMERTON SCHOOL DISTRICT |
89 Brooklyn Law Review 933 (Spring, 2024) |
There's a war brewing in America and it will be fought not in the halls of Congress or the battlefield or the White House ellipse, but in fluorescent-lit school board meetings across the country. The school board generally serves a role of minimal visibility and receives little to no national recognition. The meetings are boring, the topics... |
2024 |
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| Marissa Jackson Sow |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
14 UC Irvine Law Review 459 (May, 2024) |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
2024 |
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| LeRoy Pernell |
WHY I WILL NOT STOP TEACHING LAW STUDENTS TO THINK CRITICALLY ABOUT RACE: THE ATTACK ON TEACHING ABOUT THE ROLE OF RACE IN LAW |
25 Rutgers Race & the Law Review 1 (2024) |
In 2022, the Florida Legislature passed the Individual Freedom Act (IFA or HB 7). HB 7 prohibits training or instruction that espouses, promotes, advances, inculcates, or compels . student[s] or employee[s] to believe eight specified concepts. These eight concepts were as follows: 1. Members of one race, color, national origin, or sex are... |
2024 |
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| Jacob Chabot |
WHY IS TITLE VII IN RETREAT? A SOCIOECONOMIC ANALYSIS OF THE RETRENCHMENT OF CONTEMPORARY CIVIL RIGHTS LAW |
57 U.C. Davis Law Review 2299 (April, 2024) |
This Article uses Title VII of the Civil Rights Act of 1964-- the Title regulating employment discrimination--as a springboard for analysis in determining why civil rights law has seen a falling off. The conclusion is that although political reasons did play a large role in the retrenchment of civil rights law as it was conceived during the Civil... |
2024 |
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| Linda C. McClain, Co-editor, Journal of Law and Religion; Robert Kent Professor of Law, Boston University School of Law, Email: lmcclain@bu.edu |
"DO NOT EVER REFER TO MY LORD JESUS CHRIST WITH PRONOUNS": CONSIDERING CONTROVERSIES OVER RELIGIOUSLY MOTIVATED DISCRIMINATION ON THE BASIS OF GENDER IDENTITY |
38 Journal of Law and Religion 1 (January, 2023) |
There are no pronouns in the Bible. --Lavern Spicer, Republican congressional candidate Do not ever refer to my Lord Jesus Christ with pronouns. --Lavern Spicer, Republican congressional candidate. In the by-now familiar framing religious freedom versus LGBT+ rights, perhaps the most visible conflicts today in the United States, and elsewhere,... |
2023 |
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| Sarah Cole , Grande Lum , Craig McEwen , Nancy Rogers |
"FRAMING" IN PUBLIC INITIATIVES TO ADVANCE RACIAL EQUITY |
38 Ohio State Journal on Dispute Resolution 255 (2023) |
I. Introduction II. Framing Choices A. Facilitative Mediation B. Community Policy Discussion C. Peacemaking/Restorative Processes D. Community Advocacy--Disruption E. Cognitive Aspects of Framing III. Framing Approaches at Various Stages of a Commission's Work: Finding Promising Ideas for Dealing with Framing Dilemmas A. The Planning Process,... |
2023 |
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| Patricia A. Broussard , Joi Cardwell |
"HOW DARE YOU VOTE!" THE ENACTMENT OF RACIST AND UNDEMOCRATIC VOTING LAWS TO PRESERVE WHITE SUPREMACY, MAINTAIN THE STATUS QUO, AND PREVENT THE RISE OF THE BLACK VOTE-- SAYING THE QUIET PARTS OUT LOUD |
14 University of Miami Race & Social Justice Law Review 1 (Fall, 2023) |
Historically the United States has proudly described itself as a melting pot, declaring, Give me your tired, your poor, your huddled masses yearning to breathe free. However, if the truth is told, the United States of America has never been a melting pot. In a melting pot, the ingredients each contribute something to the pot that equalizes them... |
2023 |
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| Christopher D. Thomas, J.D., Ph.D. |
"POSITIVELY DYSTOPIAN": PERNELL v. FLORIDA BOARD OF GOVERNORS AND ITS IMPLICATIONS FOR CURRICULAR BACKLASH BILLS |
406 West's Education Law Reporter 12 (1/5/2023) |
When a court repeatedly invokes 1984 by George Orwell to adjudicate a state's actions under our Constitution, it typically does not bode well for the state. Pernell v. Florida Board of Governors is no exception. Chief Judge Mark E. Walker's opinion, like the novel 1984, begins with the line It was a bright cold day in April, and the clocks were... |
2023 |
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| Katheryn Russell-Brown |
"THE STOP WOKE ACT": HB 7, RACE, AND FLORIDA'S 21ST CENTURY ANTI-LITERACY CAMPAIGN |
47 New York University Review of Law and Social Change 338 (2023) |
Florida's Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7. With a particular focus on the law school... |
2023 |
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| Michael Z. Green |
(A)WOKE WORKPLACES |
2023 Wisconsin Law Review 811 (2023) |
With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination,... |
2023 |
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| Francesca Procaccini |
(E)RACING SPEECH IN SCHOOL |
58 Harvard Civil Rights-Civil Liberties Law Review 457 (Summer, 2023) |
Speech on race and racism in our nation's public schools is under attack for partisan gain. The Free Speech Clause of the First Amendment teaches a lot about the wisdom and legality of laws that chill such speech in the classroom. But more importantly, a First Amendment analysis of these laws reveals profound insights about the health and meaning... |
2023 |
|
| David Schraub |
(THE LIMITS OF) JUDICIAL RESEGREGATION |
58 Harvard Civil Rights-Civil Liberties Law Review 311 (Winter, 2023) |
The past several decades have seen courts sharply turn against race-conscious integration measures. Doctrinally, this hostility has emerged through the ideology of color-blindness, which posits that--to the greatest extent possible--law should pay no heed to racial categories. Under this view, race-conscious efforts to integrate schools are morally... |
2023 |
|
| Sydney Baker , Kamar Y. Tazi , Emily Haney-Caron |
A CRITICAL DISCUSSION OF YOUTH MIRANDA WAIVERS, RACIAL INEQUITY, AND PROPOSED POLICY REFORMS |
29 Psychology, Public Policy, and Law 320 (August, 2023) |
Courts often assume that youth and adult suspects are equally capable of making decisions about whether to talk to police officers--decisions that carry serious long-term consequences. In Miranda v. Arizona, the Supreme Court ruled that prior to custodial interrogation, police officers must remind suspects of their rights to silence and legal... |
2023 |
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| Simone Drake , Katrina Lee , Kevin Passino , Hugo Gonzalez Villasanti |
A MULTIDISCIPLINARY APPROACH TO IMPROVING POLICE INTERACTIONS WITH BLACK CIVILIANS |
38 Ohio State Journal on Dispute Resolution 717 (2023) |
I. Introduction II. Historical Overview A. Race and Policing B. Police Training III. Project Design A. Informed by a Multidisciplinary Team B. Software Development IV. Future Directions V. Conclusion Over-use of force by law enforcement officers in the United States persists, along with a resulting state of crisis in Black communities. Massive... |
2023 |
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| Julia Simon-Kerr |
A NEW BASELINE FOR CHARACTER EVIDENCE |
76 Vanderbilt Law Review 1827 (November, 2023) |
Introduction. 1827 I. Character Under the Rules. 1832 II. The Character Evidence Baseline. 1836 A. Three Characters Within the Baseline. 1836 B. Three Characters Outside the Baseline. 1841 III. Reimagining Character Evidence. 1847 Conclusion. 1852 |
2023 |
|
| Amy Anderson |
A PLEASURE TO BURN: HOW FIRST AMENDMENT JURISPRUDENCE ON BOOK BANNING BOLSTERS WHITE SUPREMACY |
49 Mitchell Hamline Law Review 1 (February, 2023) |
I. Introduction. 2 II. The Parameters of Students' Freedom of Speech in Public Schools. 3 III. Can They Ban a Book From the School Library?: The PICO Case. 5 A. Facts. 5 B. The Plurality Opinion. 7 IV. The Malleability of the PICO Standard. 10 A. A Racial Disparity in Determining Educational Suitability. 14 B. The Racial Undertones of... |
2023 |
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| Victoria M. Esposito |
A SYSTEMIC REIMAGINING OF POVERTY LAW |
31 Georgetown Journal on Poverty Law and Policy 1 (Fall, 2023) |
A multitude of legal and administrative systems in America combine to regulate low-income people and to create and perpetuate poverty. Despite this, a literature review shows that poverty law scholarship has not analyzed how these systems interlock with each other and considered their cumulative effects on this population. The earliest poverty law... |
2023 |
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| Brian Sarnacki |
A WISH UPON A MONKEY PAW FOR ACADEMIC FREEDOM: MERIWETHER AND THE RIGHT TO MISGENDER TRANSGENDER STUDENTS |
68 Wayne Law Review 423 (Winter, 2023) |
I. Introduction. 423 II. Background. 425 A. The Rights of Public Employees. 427 B. Academic Freedom. 429 C. The Sixth Circuit's Approach. 430 III. Analysis. 433 A. The Sixth Circuit Wrongly Decided Meriwether. 433 B. A Close Reading of Meriwether Shows Its Intent to Extend the Right to Misgender Students. 435 C. Courts Permit Teachers to... |
2023 |
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| Caroline L. Ferguson |
ACTUALIZING JUSTICE: PRIVATE PROSECUTION REGIMES FOR MODERN SOCIAL MOVEMENTS |
56 Columbia Journal of Law and Social Problems 557 (Summer, 2023) |
The modern state enjoys a near monopoly over the prosecutorial system. Public officials, including local district attorneys, state attorneys general, and career prosecutors, enjoy enormous discretionary powers to decide who to charge, to determine what charges to bring, to make particular bail recommendations, to set the terms of plea bargains, and... |
2023 |
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| Janelle N. Dixon , Tonneka M. Caddell , Apryl A. Alexander , Danielle Burchett , Jaime L. Anderson , Ryan J. Marek , David M. Glassmire |
ADAPTING ASSESSMENT PROCESSES TO CONSIDER CULTURAL MISTRUST IN FORENSIC PRACTICES: AN EXAMPLE WITH THE MMPI INSTRUMENTS |
47 Law and Human Behavior 292 (February, 2023) |
Objective: Our first goal in this study was to identify cultural mistrust critical items (CMCIs) on two versions of the Minnesota Multiphasic Personality Inventory (MMPI)--the MMPI-Second Edition-Restructured Form (MMPI-2-RF) and MMPI--Third Edition (MMPI-3)--that might be endorsed by people of color because of cultural mistrust rather than... |
2023 |
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| Yael Zakai Cannon, Vida Johnson |
ADVANCING RACIAL JUSTICE THROUGH CIVIL AND CRIMINAL ACADEMIC MEDICAL-LEGAL PARTNERSHIPS |
30 Clinical Law Review 29 (Fall, 2023) |
The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave... |
2023 |
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| Jonathan P. Feingold |
AMBIVALENT ADVOCATES: WHY ELITE UNIVERSITIES COMPROMISED THE CASE FOR AFFIRMATIVE ACTION |
58 Harvard Civil Rights-Civil Liberties Law Review 143 (Winter, 2023) |
The end of affirmative action. The headline is coming. When it arrives, scholars will explain that a controversial set of policies could not withstand unfriendly doctrine and less friendly Justices. This story is not wrong. But it is incomplete. This account masks an underappreciated source of affirmative action's enduring instability: elite... |
2023 |
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| Matthew W. Finkin |
AN ACCOUNT OF THE DELIBERATIONS OF THE FACULTY COMMITTEE ON ACADEMIC FREEDOM AND UNACCEPTABLE SPEECH, MICHAEL BÉRUBÉ AND JENNIFER RUTH, IT'S NOT FREE SPEECH: RACE, DEMOCRACY, AND THE FUTURE OF ACADEMIC FREEDOM BALTIMORE: JOHNS HOPKINS UNIVERSITY PRESS, 20 |
51 Hofstra Law Review 477 (Spring, 2023) |
I. The Committee's Provenance and Charge. 477 II. The Report of the Subcommittee. 481 III. The Committee's Deliberations. 487 Draft No. 1. 487 Draft No. 2. 491 Draft No. 3. 493 Draft No. 4. 495 Final Draft. 501 V. Postscript. 502 |
2023 |
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| Amir H. Ali |
AN APPEAL TO BOOKS |
121 Michigan Law Review 871 (April, 2023) |
This feels a fit, even urgent, moment to celebrate our books and the role they play vis-à-vis the law, the courts, and the truth. As this issue goes to print, our nation's highest court faces forceful criticism that some of its most significant decisions have been detached from objective fact. In recent Terms, the Supreme Court's majority has... |
2023 |
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| Jeremiah Chin |
ANTIMATTERS: THE CURIOUS CASE OF CONFEDERATE MONUMENTS |
103 Boston University Law Review 311 (February, 2023) |
Confederate monuments sit at a crossroads of speech frameworks as contested government speech, as concrete edifices of hate speech, and as key protest sites. The interplay of state law and speech doctrines in states like Alabama and Florida has cemented monuments as physical representations of government speech that municipal governments cannot... |
2023 |
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| Amanda Shanor, Sarah E. Light |
ANTI-WOKE CAPITALISM, THE FIRST AMENDMENT, AND THE DECLINE OF LIBERTARIANISM |
118 Northwestern University Law Review 347 (2023) |
Abstract--Firms across the globe, including financial institutions like banks, asset managers, and pension fund managers, are adopting strategies to account for the risks they face from climate change. These strategies include declining to invest in certain emissions-intensive projects or advising firms in their portfolios to report or reduce... |
2023 |
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| Clare Ryan |
ARE CHILDREN'S RIGHTS ENOUGH? |
72 American University Law Review 2075 (August, 2023) |
Are parental rights or children's rights better for protecting children and vindicating their interests? In this ongoing debate, American family law scholars and advocates are deeply divided. Children's rights proponents often criticize the United States for failing to ratify the Convention on the Rights of the Child and for denying children... |
2023 |
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| Daniel Stainkamp |
AUTO-JUBILEE: A CASE FOR MASSIVE AUTOMATIC DRIVER'S LICENSE RESTORATION FOR DEBTOR-SUSPENDEES |
102 North Carolina Law Review 231 (December, 2023) |
Over the last few decades, law has quietly eroded people's ability to drive. Specifically, the regime of debt-based license suspension in North Carolina has amounted to a license-for-payment system that is unfair and unjust. Its scope and impact create conditions like a modern-day debtors' prison. The law disproportionately deprives people of color... |
2023 |
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| Berta Esperanza Hernández-Truyol |
AWAKENING THE LAW: KATE STONEMAN--AN AWAKENED WOMAN: BASED UPON ALBANY LAW SCHOOL'S KATE STONEMAN CELEBRATION SPEECH |
86 Albany Law Review 231 (2022-2023) |
Like all Stoneman award recipients, I am grateful to Kate Stoneman for paving the way to an awakened life in which seeking justice is a non-negotiable aspiration. I will explain the title of this Essay--Kate Stoneman, an Awakened Woman--in the next section. But before engaging Stoneman's exceptional life and contributions, I take the liberty to... |
2023 |
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| Jensen Rehn |
BATTLEGROUNDS FOR BANNED BOOKS: THE FIRST AMENDMENT AND PUBLIC SCHOOL LIBRARIES |
98 Notre Dame Law Review 1405 (March, 2023) |
When students started remote learning in the spring of 2020, new developments in digital teaching techniques entered homes and apartments across the United States. Even as children increasingly rely on technology for turning in assignments and attending virtual classes, some of the most contentious conversations at school board meetings in the past... |
2023 |
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| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
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| Molly Dower |
BEYOND OFFENSE: WHY THE FIRST AMENDMENT DOES NOT PROTECT DELIBERATE MISGENDERING |
44 Cardozo Law Review 2103 (June, 2023) |
C1-2Table of Contents Introduction. 2104 I. Background. 2107 A. Modern Free Speech Jurisprudence. 2107 1. The Right to Offend. 2107 2. The Marketplace Metaphor. 2111 B. Government Regulation of Speech Beyond the First Amendment. 2113 C. The Right to Offend as an Attack on State Prohibitions of Misgendering. 2119 II. Analysis. 2125 A. Modern Free... |
2023 |
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| Roy L. Brooks |
BLACK BOARDING ACADEMIES AS A PRUDENTIAL REPARATION: FINIS ORIGINE PENDET |
13 Columbia Journal of Race and Law 790 (May, 2023) |
The past is never dead. It's not even past. - William Falkner, Requiem for a Nun 85 (1951) With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (Black Reparations) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil... |
2023 |
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| Sidney E. Holler |
BRAIDS, LOCS, AND BOSTOCK: TITLE VII'S ELUSIVE PROTECTIONS FOR LGBTQ+ AND BLACK WOMEN EMPLOYEES |
26 Journal of Gender, Race and Justice 223 (Winter, 2023) |
Whiteness and patriarchy frame our understanding of what it means to be and look professional. Workplace grooming and dress standards, inherently rooted in gender and racial stereotypes, often result in policies that place Black women employees at a unique disadvantage, particularly when it comes to hair. Black women who do not conform to... |
2023 |
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| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
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| Martha, M. McCarthy, Ph.D. |
CHALLENGES TO AND RESTRICTIONS ON WHAT IS TAUGHT IN SCHOOLS: CHANGES OVER TIME AND IMPLICATIONS OF RECENT DEVELOPMENTS |
413 West's Education Law Reporter 521 (9/14/2023) |
This article focuses on a longitudinal study of challenges to materials used and content taught in K-12 education and how proposed restrictions have evolved and presented new concerns for our nation's educators as well as the general citizenry. Specifically, this review compares developments from 1900 until 2023 pertaining to constraints on school... |
2023 |
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| Mae C. Quinn |
CHILDIST OBJECTIONS, YOUTHFUL RELEVANCE, AND EVIDENCE RECONCEIVED |
127 Dickinson Law Review 535 (Spring, 2023) |
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm's-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in... |
2023 |
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| Ming Hsu Chen |
COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP |
44 Cardozo Law Review 945 (February, 2023) |
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... |
2023 |
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| Erwin Chemerinsky |
COMMENT ON FREE SPEECH IN LAW SCHOOLS |
51 Hofstra Law Review 687 (Spring, 2023) |
As long as there are universities, there will be difficult issues of how to reconcile their educational mission with the desire to safeguard the speech of students and faculty. On the one hand, freedom of expression is essential for education. As the Supreme Court expressed in Keyishian v. Board of Regents, academic freedom . is of transcendent... |
2023 |
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