| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Clay Calvert , Katelyn Gonzalez |
COMPELLED STUDENT SPEECH & CONTENTIOUS ACADEMIC ASSIGNMENTS: SHOULD THE FIRST AMENDMENT RIGHT NOT TO SPEAK IN SCHOOL EXTEND BEYOND THE PLEDGE OF ALLEGIANCE TO IDEOLOGICALLY AND POLITICALLY CHARGED CLASSROOM EXERCISES? |
61 University of Louisville Law Review 55 (Spring, 2023) |
This Article examines whether the unenumerated First Amendment right not to speak should shield public school students from academic exercises compelling engagement with speech that conflicts with their ideological or political views. The Article additionally explores parameters that might confine such a nascent constitutional right. A trio of... |
2023 |
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| Barbara Fedders |
CONCEPTUALIZING AN ANTI-MOTHER JUVENILE DELINQUENCY COURT |
101 North Carolina Law Review 1351 (June, 2023) |
This Article makes three contributions to the literature on the harms to children and their families that flow from involvement in the juvenile delinquency court. It argues, first, that poor mothers of color--especially those raising children without cohabitating partners--are uniquely vulnerable among parents to both seeing their children... |
2023 |
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| Jacqueline Pittman |
CONSTRUCTING RACE AND GENDER IN MODERN RAPE LAW: THE ABANDONED CATEGORY OF BLACK FEMALE VICTIMS |
30 Michigan Journal of Gender & Law 151 (2023) |
Despite the successes of the 1960s Anti-Rape Movement, modern state rape statutes continue to prioritize white male perspectives and perceptions of race, ultimately ignoring the intersectional identity of Black women and leaving these victims without legal protection. This Note examines rape law's history of allocating agency along gendered and... |
2023 |
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| Cara R. Shaffer |
CONTEXT AT THE PERIPHERY: THE RISE OF THE CRITICAL-CONTEXTUAL LEGAL EDUCATION REFORM MOVEMENT |
30 Cardozo Journal of Equal Rights & Social Justice 55 (Fall, 2023) |
[N]o teacher shall be compelled by a policy of any state agency, school district, campus, open enrollment charter school, or school administration to discuss current events or widely debated and currently controversial issues of public policy or social affairs. -Texas H.B. 3979, effective 9/1/2021 There's a peculiar kind of vanity or... |
2023 |
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| Ryan Newman |
CORPORATE CAPTAINS OF THE WOKE REVOLUTION: THE NEED TO LIMIT CORPORATE POLITICAL ACTIVISM |
27 Texas Review of Law and Politics 663 (Summer, 2023) |
Introduction. 664 I. The Woke Revolution. 666 II. The Rise of Woke Corporate Activism. 673 III. The Need to Limit Woke Corporate Activism. 681 IV. Corporate Free Speech Rights Properly Understood. 685 Conclusion. 696 |
2023 |
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| Brooks R. Cain |
CRITICAL ERASE THEORY: THE ASSAULT ON PUBLIC SCHOOL CURRICULUM |
75 Oklahoma Law Review 623 (Spring, 2023) |
On July 26, 2021, a failed school board candidate took to the podium at a public school board meeting for the Grapevine-Colleyville Independent School District (GCISD), located in northern Texas. His comments took aim at Dr. James Whitfield, a recently appointed principal at Colleyville Heritage High School and a black man. The speaker's comments... |
2023 |
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| René Reyes |
CRITICAL REMEMBERING: AMPLIFYING, ANALYZING, AND UNDERSTANDING THE LEGACY OF ANTI-MEXICAN VIOLENCE IN THE UNITED STATES |
26 Harvard Latin American Law Review 15 (Spring, 2023) |
Violence against BIPOC individuals and communities has been part of American life since the arrival of the first European colonizers over four hundred years ago. Yet as longstanding and pervasive as anti-BIPOC violence has been throughout American history, many instances of such violence remain strikingly underexamined--largely because their... |
2023 |
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| Stefan J. Padfield |
CRONY STAKEHOLDER CAPITALISM |
111 Kentucky Law Journal 441 (2022-2023) |
C1-2Table of Contents Table of Contents. 441 Abstract. 442 Introduction. 442 I. Capitalism, Crony Capitalism, and Stakeholder Capitalism. 445 A. Capitalism Versus Crony Capitalism. 446 B. Stakeholder Capitalism. 450 C. Stakeholder Capitalism as Crony Capitalism. 456 II. A Proposed Solution: Sen. Marco Rubio's Mind Your Own Business Act. 460 A. An... |
2023 |
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| Karla Mari Mckanders |
DECOLONIZING COLORBLIND ASYLUM NARRATIVES |
67 Saint Louis University Law Journal 523 (Spring, 2023) |
The essay addresses how law professors can engage critical and decolonial theories to teach students how to deconstruct the marginalizing narratives required in asylum advocacy. These theories provide the theoretical and praxis-oriented frameworks for professors seeking to liberate their pedagogy. The goal is for law students to begin their legal... |
2023 |
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| Amanda Levendowski |
DEFRAGGING FEMINIST CYBERLAW |
38 Berkeley Technology Law Journal 797 (2023) |
In 1996, Judge Frank Easterbrook famously observed that any effort to create a field called cyberlaw would be doomed to be shallow and miss unifying principles. He was wrong, but not for the reason other scholars have stated. Feminism is a unifying principle of cyberlaw, which alternately amplifies and abridges the feminist values of consent,... |
2023 |
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| Brandon Hasbrouck |
DEMOCRATIZING ABOLITION |
69 UCLA Law Review 1744 (September, 2023) |
When abolitionists discuss remedies for past and present injustices, they are frequently met with apparently pragmatic objections to the viability of such bold remedies in U.S. legislatures and courts held captive by reactionary forces. Previous movements have seen their lesser reforms dashed by the white supremacist capitalist order that retains... |
2023 |
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| Jennifer Safstrom, Joseph Mead |
DEVELOPING INCLUSIVE LANGUAGE COMPETENCY IN CLINICAL TEACHING |
29 Clinical Law Review 349 (Spring, 2023) |
Drawing from legal pedagogy, litigation practice, and teaching experience, this article seeks to compile a set of key considerations for inclusive language decision-making in the clinical setting. Using a multi-factor framework-- accuracy, precision, relevance, audience, and respect--this analysis explores the process for deciding on terms to use... |
2023 |
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| Kendra J. Muller, Esq. |
DISABILITY DISPARITIES IN POST-SECONDARY EDUCATION: COMPARING CIVIL RIGHTS THEORIES WITH EMPIRICAL DATA ON EQUAL ACCESS |
13 Wake Forest Journal of Law and Policy 207 (June, 2023) |
I. introduction: disparity in post-secondary Education. 210 A. Application of Civil Rights Theories and A cknowledgement as Class. 211 B. Introduction to the Study of Disability. 213 C. Definition of Ableism. 215 D. Definition of Disability. 216 E. Historical Background on Classifying Disability as a Civil Rights Group. 218 i. Origins. 218 ii.... |
2023 |
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| Brendan Williams |
DIVIDED WE FALL: THE CONCERTED ATTACK ON U.S. DEMOCRACY |
59 Willamette Law Review 121 (Spring, 2023) |
I. Introduction. 121 II. Beginning in Victory, Trump Broke Election Norms. 127 III. A Democracy Imperiled By Conspiracy Theories. 134 IV. 2022: Democracy Largely Defeats Dystopia. 156 V. Dystopia May Yet Prevail. 167 V. Conclusion. 186 |
2023 |
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| Richard Delgado , Jean Stefancic |
DOBBS, RIGHT-WING REVISIONISM, AND PUBLIC OUTRAGE: RODRIGO'S LATE-NIGHT CHRONICLE |
72 American University Law Review 1469 (June, 2023) |
When we next see Rodrigo, he has been brought into town by Giannina's women's rights group. The Supreme Court had just decided Dobbs and revoked a constitutional right that had existed for fifty years prior. Giannina's organization is meeting to discuss possible responses to the Dobbs decision. While he is in town, Rodrigo decides to seek out the... |
2023 |
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| Daina Strub Kabitz |
ENGAGING IN EQUITY-CENTERED POLICYMAKING: STATE-LEVEL RACIAL EQUITY IMPACT ASSESSMENT TRENDS, LESSONS LEARNED, AND FUTURE DIRECTIONS |
49 Mitchell Hamline Law Review 645 (June, 2023) |
I. Introduction. 646 II. Background. 647 III. Racial Equity Impact Assessments: Detailed Examples. 651 A. Criminal Justice Focused REIAs: Iowa's Correctional Impact Statement. 651 B. Generally Applicable REIAs: Colorado's Demographic Note. 654 C. Emerging REIA Trends at the Local Level: New York City's Racial Equity Report. 656 IV. Racial Equity... |
2023 |
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| Edward J. McCaffery |
ENOUGH INSANITY? A CALL FOR A (MORE) CRITICAL TAX THEORY |
20 Pittsburgh Tax Review 419 (Spring, 2023) |
I am delighted to be at this Conference on Protecting Dynastic Wealth: Perspectives on the Role of Estate and Gift Tax in Perpetuating Inequality and to be giving this talk, for several reasons. One, the setting brings back fond memories of Larry Frolik and Bill Brown, wonderful tax scholars whom I almost joined on the Pittsburgh Law School faculty... |
2023 |
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| Antonio M. Coronado |
ENVISIONING REPARATIVE LEGAL PEDAGOGIES |
30 Clinical Law Review 65 (Fall, 2023) |
As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... |
2023 |
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| James A. Macleod |
EVIDENCE LAW'S BLIND SPOTS |
109 Iowa Law Review 189 (November, 2023) |
ABSTRACT: Evidence law is about information disclosure: what should we tell the jury, and what should we hide from it? Under the narrow, traditional vision of evidence law, judges consider whether providing the jury a given piece of information would unfairly prejudice a party, preventing a just determination of the case at hand. But this... |
2023 |
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| Bradan Litzinger |
EXPEDITED EXPUNGEMENT AND ITS LIMITS: AB 2147 AS A PEAK OF PROGRESS |
70 UCLA Law Review 1274 (November, 2023) |
In September 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 2147, a bill creating an expedited expungement process for prisoners in California's Conservation Camp Program. This bill purportedly removed a barrier that kept formerly incarcerated firefighters locked out of postrelease employment as professional firefighters. Experts... |
2023 |
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| Uma Mazyck Jayakumar |
EXPERT REPORT OF DR. UMA JAYAKUMAR |
4 North Carolina Civil Rights Law Review 108 (Fall, 2023) |
III. Factual Background and Assumptions. 109 IV. Educational Benefits of Diversity. 110 V. Obtaining Dynamic Diversity on College Campuses. 113 A. Obtaining the Educational Benefits of Diversity Requires Meaningful Student Participation and Cross-Racial Interaction. 114 1. Meaningful Participation. 114 2. Meaningful Cross-Racial Interactions. 119... |
2023 |
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| Elizabeth Chu , James S. Liebman , Madeline Sims , Tim Wang |
FAMILY MOVES AND THE FUTURE OF PUBLIC EDUCATION |
54 Columbia Human Rights Law Review 469 (Spring, 2023) |
State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack--from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of... |
2023 |
|
| Jacob A. Bennett, M.F.A., Ph.D., Todd A. DeMitchell, Ed.D. |
FEDERAL DISTRICT COURT FINDS PLAUSIBLE CLAIMS AGAINST "DIVISIVE CONCEPTS" LAW: LOCAL 8027, AFT-N.H., AFL-CIO v. EDELBLUT |
414 West's Education Law Reporter 1 (9/28/2023) |
On January 12, 2023, at a public hearing of bills before the New Hampshire House Education Committee, Deborah Nelson had just finished delivering her testimony in support of HB61, which would repeal the state's divisive concepts legislation passed in 2021. When the committee chair asked if there were any follow-up questions, Representative Alicia... |
2023 |
|
| Rona Kaufman |
FEMINIST LEGAL THEORY AND STONE'S PANES OF THE GLASS CEILING |
17 FIU Law Review 771 (Spring, 2023) |
I. Introduction. 771 II. Part I: The Modern Women's Movement. 784 A. The Evolutionary and Revolutionary Phases of Women's Employment. 791 III. Part II: Stone's Panes. 794 A. We See You Differently Than We See Men. 795 B. We Expect You to Take Your (Verbal) Punches Like a Man. 796 C. Accept Locker Room and Sexist Talk. 797 D. You Don't... |
2023 |
|
| Robert D. Dinerstein , Elliott S. Milstein , Ann C. Shalleck |
FIFTY YEARS OF CLINICAL LEGAL EDUCATION AT AMERICAN UNIVERSITY WASHINGTON COLLEGE OF LAW: THE EVOLUTION OF A MOVEMENT IN THEORY, PRACTICE, AND PEOPLE |
31 American University Journal of Gender, Social Policy and the Law 257 (2023) |
I. Introduction. 258 II. The Formative Years. 260 A. Hard Money vs. Soft Money. 263 B. Early Program Design. 265 1. LAWCOR. 265 2. Public Interest Law Clinic and the National Veterans Law Center. 265 C. The National Scene-The Fight Over Title IX Leads to the Creation of the Clinical Movement. 267 D. Creating a Clinical Faculty. 269 III. The Role of... |
2023 |
|
| Lynnise Phillips Pantin |
FINANCIAL INCLUSION, CRYPTOCURRENCY, AND AFROFUTURISM |
118 Northwestern University Law Review 621 (2023) |
Abstract--As a community, Black people consistently face barriers to full participation in traditional financial markets. The decentralized nature of the cryptocurrency market is attractive to a community that has been historically and systematically excluded from the traditional financial markets by both private and public actors. As new entrants... |
2023 |
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| Dawn C. Nunziato |
FIRST AMENDMENT PROTECTIONS FOR "GOOD TROUBLE" |
72 Emory Law Journal 1187 (2023) |
In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech--the preferred response within our constitutional framework--but also by efforts by the... |
2023 |
|
| Peter W. Wood |
FREE SPEECH IN ACADEMIA |
27 Texas Review of Law and Politics 761 (Summer, 2023) |
Introduction. 762 I. Incredulity circa 2013. 766 II. Seven Sources of Campus Opposition to Free Speech. 771 III. The Overton Window. 776 IV. The After-Life of Free Speech. 778 V. Restoration?. 783 |
2023 |
|
| Kevin T. Baine |
FREE SPEECH ON CAMPUS: THE ATTACK FROM WITHIN |
51 Hofstra Law Review 397 (Spring, 2023) |
For some time now, it has been apparent that free speech is under attack on university campuses--where controversial speakers are shouted down or uninvited, faculty members are threatened with discipline for expressing unpopular views, and students are afraid to speak their minds for fear of being ostracized or harassed by their peers. That is not... |
2023 |
|
| Jamie M. Jenkins |
FREE THEIR MINDS: LEGACIES OF ATTICA AND THE THREAT OF BOOKS TO THE CARCERAL STATE |
123 Columbia Law Review 2321 (December, 2023) |
Book bans and censorship battles have garnered considerable attention in recent years, but one of the most critical battlegrounds is kept out of the public eye. Prison officials can ban any book that threatens the security or operations of their facility. This means that the knowledge access rights of incarcerated people are subject to the... |
2023 |
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| Maxine Eichner |
FREE-MARKET FAMILY POLICY AND THE NEW PARENTAL RIGHTS LAWS |
101 North Carolina Law Review 1305 (June, 2023) |
How can government best support children's interests? Recently, federal and state policies have suggested conflicting answers to this question. One answer comes from a series of economic measures supporting families that were passed by Congress during the pandemic. These measures rested on the rationale that families do better when they are... |
2023 |
|
| Mary Holper |
GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS |
89 Brooklyn Law Review 119 (Fall, 2023) |
A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... |
2023 |
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| Renee Nicole Allen |
GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR |
29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) |
The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... |
2023 |
|
| David A. Grenardo |
GETTING TO THE ROOT OF THE PROBLEM: WHERE ARE ALL THE BLACK OWNERS IN SPORTS? |
91 UMKC Law Review 727 (Summer, 2023) |
As my sufferings mounted I soon realized that there were two ways in which I could respond to my situation--either to react with bitterness or seek to transform the suffering into a creative force. I decided to follow the latter course.--Dr. Martin Luther King, Jr. Many decry the lack of Black and other minority head coaches and team executives... |
2023 |
|
| Fabio de Sa e Silva |
GOOD BYE, LIBERAL-LEGAL DEMOCRACY! |
48 Law and Social Inquiry 292 (February, 2023) |
Steven Levitsky and Daniel Zibblat. How Democracies Die. New York: Crown, 2018. Javier Corrales. The Authoritarian Resurgence: Autocratic Legalism in Venezuela. Journal of Democracy 48, no. 1 (2015): 37-51. Kim Lane Scheppele. Autocratic Legalism. University of Chicago Law Review 48, no. 1 (2018): 545-84. Tom Ginsburg and Aziz Z. Huq. How to... |
2023 |
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| Eva Nave |
HATE SPEECH, HISTORICAL OPPRESSIONS, AND EUROPEAN HUMAN RIGHTS |
29 Buffalo Human Rights Law Review 83 (2022-2023) |
Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However,... |
2023 |
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| Zachary A. Kayal |
HE/SHE/THEY "SAY GAY": A FIRST AMENDMENT FRAMEWORK FOR REGULATING CLASSROOM SPEECH ON GENDER AND SEXUALITY |
57 Columbia Journal of Law and Social Problems 57 (Fall, 2023) |
In an era of profound polarization over the nature of gender and sexuality, and children's exposure to discussions thereof, states and school boards of all political inclinations are moving swiftly to regulate educators' speech about such topics in public classrooms. Liberal authorities enact pronoun policies requiring teachers to use transgender... |
2023 |
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| Chelsea J. Gaudet |
HEALTHCARE REPARATIONS IN CALIFORNIA |
60 San Diego Law Review 569 (August-September, 2023) |
C1-2Table of Contents I. Introduction. 569 II. Weathering. 570 III. Obstacles to Effectively Treating Weathering. 573 IV. Achieving Task Force Objectives. 576 V. Healthcare Reparations. 579 VI. Conclusion. 584 |
2023 |
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| Brie D. Sherwin |
HOCUS POCUS: MODERN-DAY MANIFESTATIONS OF WITCH HUNTS |
19 Northwestern Journal of Law & Social Policy 1 (Fall, 2023) |
Witch hunts have never been about facts or evidence; rather they are about beliefs often fueled by fear. Witch hunts of the past persecuted the powerless - typically women or those who did not fit into societal norms. More recently, the term witch hunt has reappeared with great fervor in the political arena, used by the powerful to generate... |
2023 |
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| Ryan Kellus Turner, Elizabeth Rozacky |
HOT TOPICS IN TEXAS CRIMINAL JUSTICE 2020: A PANDEMIC TIME CAPSULE |
24 Scholar: St. Mary's Law Review on Race and Social Justice 443 (2023) |
Introduction. 445 I. The Meaning of Criminal Justice. 447 A. The Criminal Justice System. 448 B. Law and Its Essential Features. 450 C. What about Justice?. 452 II. The Intersection of Public Safety, Public Health, and Law. 455 A. The Mask Debate. 455 1. Buckle Up: Other Familiar Controversies Regarding Liberty and Death. 459 2. A Novel... |
2023 |
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| Abigail Palmquist |
HOW AN AMENDED RIGHT TO EDUCATION COULD MEANINGFULLY IMPROVE CALIFORNIA'S CLASSROOMS |
55 University of the Pacific Law Review 103 (November, 2023) |
C1-2Table of Contents I. Introduction. 104 II. The Evolution of the Constitutional Right to Education in California and Nationwide. 107 A. The History of California's Right to Education. 107 B. California Courts' Interpretation of the Right to Education. 108 1. Right-to-Education Cases Before 2016. 108 2. Right-to-Education Cases After 2016. 110 C.... |
2023 |
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| Michael Conklin |
HOWARD LAW SCHOOL, RACE, AND PEER RANKINGS: THE INCREASING CORRELATION BETWEEN RACIAL SALIENCE AND PREFERENTIAL RANKINGS |
59 Willamette Law Review 189 (Spring, 2023) |
In 2020, novel research was conducted to measure disparities between the U.S. News & World Report overall rankings and the peer rankings of law schools. The research uncovered a stark outlier in Howard University School of Law, whose peer rank was consistently twenty to forty spots higher than its overall rank. This Article updates the research,... |
2023 |
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| Nina Farnia |
IMPERIALISM AND BLACK DISSENT |
75 Stanford Law Review 397 (February, 2023) |
Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... |
2023 |
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| S. Ernie Walton |
IN LOCO PARENTIS, THE FIRST AMENDMENT, AND PARENTAL RIGHTS--CAN THEY COEXIST IN PUBLIC SCHOOLS? |
55 Texas Tech Law Review 461 (Spring, 2023) |
C1-3Table of Contents I. Introduction. 462 II. Historical Doctrine. 466 A. Common Law England. 466 B. In Loco Parentis and Public Education in the Early Days of the American Republic. 469 C. In Loco Parentis in American Courts. 472 D. In Loco Parentis After Ratification of the Fourteenth Amendment. 474 III. Supreme Court Jurisprudence. 476 IV. A... |
2023 |
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| Michael Conklin |
INCREASING IDEOLOGICAL DISCRIMINATION IN LAW SCHOOL RANKINGS: MEASURING THE CONSERVATIVE PENALTY AND LIBERAL BONUS WITH UPDATED 2024 RANKINGS DATA |
16 Tennessee Journal of Law and Policy 77 (Fall, 2023) |
In 2020, novel research was conducted to measure whether, and to what extent, the U.S. News & World Report peer rankings punish conservative law schools and reward liberal law schools. The study discovered a significant conservative penalty and liberal bonus that amounted to a difference in the peer rankings of twenty-eight spots. A follow-up study... |
2023 |
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| Keiteyana I. Parks |
INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION |
47 American Indian Law Review 37 (2022-2023) |
[T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... |
2023 |
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| Alicia R. Jackson |
INHERENTLY UNEQUAL: THE EFFECT OF STRUCTURAL RACISM AND BIAS ON K-12 SCHOOL DISCIPLINE |
88 Brooklyn Law Review 459 (Winter, 2023) |
The true character of society is revealed in how it treats its children.-- Nelson Mandela Overly harsh and discriminatory school discipline policies and biased decision-making practices have led to the disproportionate punishment of Black children, causing them to be excluded from classroom learning and creating a separate and unequal education... |
2023 |
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| Allyson E. Gold |
INSURING JUSTICE |
101 North Carolina Law Review 729 (March, 2023) |
Many landlords do not carry liability insurance, which means that many residents have little chance of recovery after being harmed by dangerous housing conditions. More disabling injuries occur in homes than in workplaces and motor vehicles combined. These risks disproportionately affect low-income, minority tenants. Because state laws do not... |
2023 |
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| Richard Delgado , Allen Slater |
INTEREST CONVERGENCE IN IMMIGRATION LAW AND THEORY |
73 Case Western Reserve Law Review 771 (Spring, 2023) |
C1-2Contents Introduction. 772 I. Immigration Law Scholarship: A Critical Desert. 779 II. Derrick Bell's Interest-Convergence Hypothesis. 780 III. Applying Interest Convergence to Present-Day Immigration Law and Practice--Six Constituencies with a Stake in Change. 782 A. Retirees. 783 B. The Military. 785 C. Major Corporations and the Economy. 787... |
2023 |
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| Jon D. Michaels , Emme M. Tyler |
JUST-RIGHT GOVERNMENT: INTERSTATE COMPACTS AND MULTISTATE GOVERNANCE IN AN ERA OF POLITICAL POLARIZATION, POLICY PARALYSIS, AND BAD-FAITH PARTISANSHIP |
98 Indiana Law Journal 863 (Spring, 2023) |
Those committed to addressing the political, economic, and moral crises of the day--voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety--don't know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike... |
2023 |
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