AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Susan Azyndar , Chava Spivak-Birndorf , Susan David deMaine , Matt Timko KEEPING UP WITH NEW LEGAL TITLES 115 Law Library Journal 205 (2023) Barton, Benjamin H. The Credentialed Court: Inside the Cloistered, Elite World of American Justice. New York: Encounter Books, 2022.361p. $31.99. Reviewed by Jennifer Mart-Rice ¶1 The Supreme Court stands as the highest tribunal in the United States, as a beacon of justice and hope for many. It has changed since its creation, evolving with the... 2023  
Raquel E. Aldana , Emile Loza de Siles , Solangel Maldonado , Rachel F. Moran LATINAS IN THE LEGAL ACADEMY: PROGRESS AND PROMISE 26 Harvard Latin American Law Review 183 (Spring, 2023) The 2022 Inaugural Graciela Olivárez Latinas in the Legal Academy (GO LILA) Workshop convened seventy-four outstanding and powerful Latina law professors and professional legal educators (collectively, Latinas in the legal academy, or LILAs) to document and celebrate our individual and collective journeys and to grow stronger together. In... 2023  
Ed Morales LATINX: RESERVING THE RIGHT TO THE POWER OF NAMING 39 Chicana/o-Latina/o Law Review 209 (2023) The label Latinx was originally conceived of by activists and academics to be inclusive of non-binary and LGBTQIA people, but when it came into wider use in the mid-2010s, it generated pushback from both conservatives and moderates. Recently there have been attempts to ban the term by a governor and a state legislature, with even Democratic Arizona... 2023  
Jennifer M. Chacón LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review Forum 1 (November, 2023) What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... 2023  
Matthew S. Erie LEGAL SYSTEMS INSIDE OUT: AMERICAN LEGAL EXCEPTIONALISM AND CHINA'S DREAM OF LEGAL COSMOPOLITANISM 44 University of Pennsylvania Journal of International Law 731 (Spring, 2023) What is the relationship between a legal system's foreign-facing elements and its domestic ones? Contrary to dualistic theories (dualism, legal dualism, the dual state, etc.) which may suggest that a single legal system may encompass qualitatively different regimes regarding foreign and domestic legal questions, this Article takes the view... 2023  
Jennie A. Hill LEGITIMATE STATE INTEREST OR EDUCATIONAL CENSORSHIP: THE CHILLING EFFECT OF OKLAHOMA HOUSE BILL 1775 75 Oklahoma Law Review 385 (Winter, 2023) The Oklahoma Legislature crawls into classrooms way too much and tells classroom teachers, which we are short on by the way, what they can and can't do .. [This bill] reeks of something that is not local . and that we do not need to be addressing in this building. The bill--Oklahoma House Bill 1775--originally created emergency medical... 2023  
David Schraub LIBERAL JEWS AND RELIGIOUS LIBERTY 98 New York University Law Review 1556 (November, 2023) The Supreme Court's new religious liberty jurisprudence has dramatically expanded the circumstances in which religious objectors can claim exemption from general legislative enactments. Thus far, most of the claimants who've taken advantage of these doctrinal innovations have been conservative Christians seeking to avoid liberal policy initiatives... 2023  
Brandon Paradise , Fr. Sergey Trostyanskiy LIBERALISM AND ORTHODOXY: A SEARCH FOR MUTUAL APPREHENSION 98 Notre Dame Law Review 1657 (May, 2023) This Article seeks to evaluate and contextualize recently intensifying Christian critiques of liberalism's intellectual and moral claims. Much of this recent critique has been from Catholic and Protestant quarters. Christianity's third major branch--Orthodox Christianity--has not played a prominent role in current critiques of liberalism. This... 2023  
Francisco Valdes MAPPING AND MOBILIZING LEGAL CRITICALITIES: MAKING THE MOVE FROM DIASPORA TO COLLECTIVE OR LEGAL SCHOLARS MAKING A DIFFERENCE AS CULTURAL WARRIORS 100 Denver Law Review 625 (Spring, 2023) C1-2Table of Contents Introduction. 625 I. Identity, Ideology, Inequality: Mounting Cultural Warfare by Force of Law--and by Unlawful Force. 634 II. Racial Totalitarianism: Using History, Knowledge, and Education for Mind Control--and for Group Dominance. 644 III. Recent Developments in U.S. Academia: The Critical (Legal) Collective Coalesces. 654... 2023  
Vivian Eulalia Hamilton MENSTRUAL JUSTICE IN THEORETICAL CONTEXT 98 New York University Law Review Online 133 (April, 2023) This Essay reviews and places into theoretical contexts Bridget Crawford and Emily Waldman's invaluable book Menstruation Matters. Although the authors themselves do not explicitly label the theoretical approach that undergirds their work, much of Menstruation Matters: Challenging the Law's Silence on Periods falls within the liberal feminist legal... 2023  
Kevin Tobia METHODOLOGY AND INNOVATION IN JURISPRUDENCE, ELUCIDATING LAW BY JULIE DICKSON. OXFORD, UK: OXFORD UNIVERSITY PRESS, 2022. PP. 208. $110.00 123 Columbia Law Review 2483 (December, 2023) Jurisprudence aims to identify and explain important features of law. To accomplish this task, what method should one employ? Elucidating Law, a tour de force in the philosophy of legal philosophy, develops an instructive account of how philosophers elucidate law, which in turn elucidates jurisprudence's own aims and methods. This Review... 2023  
Gerald Torres NEPANTLA/COATLICUE/CONOCIMIENTO 121 Michigan Law Review 1147 (April, 2023) Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa. San Francisco: Aunt Lute Books. 1987. (Aunt Lute Books 2012 ed.). Pp. 300. $22.95. I was asked to review the twenty-fifth-anniversary edition of Gloria Anzaldúa's landmark book, Borderlands/La Frontera: The New Mestiza. Even though the secondary literature on this book is voluminous,... 2023  
Jennifer C. Nash ON MARCHING KARENS AND METAPHORICAL BLACK WOMEN 34 Yale Journal of Law & Feminism 40 (2023) In 2021, the New York Times published March of the Karens, an article that described a figure who symbolizes all that is wrong with contemporary feminism: Karen. Ligaya Mishan describes Karen as an interfering, hectoring white woman, the self-appointed hall monitor unloosed on the world, so assured of her status in society that she doesn't... 2023  
Jamelia Morgan ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY 58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... 2023  
Shefali Milczarek-Desai OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS 111 California Law Review 1171 (August, 2023) Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... 2023  
Ryan Bangert PARENTAL RIGHTS IN THE AGE OF GENDER IDEOLOGY 27 Texas Review of Law and Politics 715 (Summer, 2023) Introduction. 716 I. The Parent-Centric Approach to Parental Rights. 717 A. Parental Rights Within the Western Legal Tradition. 718 B. Parental Rights as Recognized by the United States Supreme Court. 719 II. The State-Centric Approach to Parental Rights. 720 A. Voices from the Academy. 721 B. Judicial Applications of the State-Centric... 2023  
Rachel López PARTICIPATORY LAW SCHOLARSHIP 123 Columbia Law Review 1795 (October, 2023) Drawing from the experience of coauthoring scholarship with two activists who were sentenced to life without parole over three decades ago, this piece outlines the theory and practice of Participatory Law Scholarship (PLS). PLS is legal scholarship written in collaboration with authors who have no formal training in the law but rather expertise in... 2023  
Rona Kaufman PATRIARCHAL VIOLENCE 71 Buffalo Law Review 509 (May, 2023) For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women's inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist... 2023  
I. Bennett Capers POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT 136 Harvard Law Review 2044 (June, 2023) Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... 2023  
Avlana K. Eisenberg POLICING THE DANGER NARRATIVE 113 Journal of Criminal Law and Criminology 473 (Summer, 2023) The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture--namely, how... 2023  
Clare Huntington PRAGMATIC FAMILY LAW 136 Harvard Law Review 1501 (April, 2023) C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... 2023  
Keith E. Whittington PROFESSORIAL SPEECH, THE FIRST AMENDMENT, AND LEGISLATIVE RESTRICTIONS ON CLASSROOM DISCUSSIONS 58 Wake Forest Law Review 463 (2023) Academic freedom enjoys an uncertain status in American constitutional law under the First Amendment. It is particularly unclear how the First Amendment applies when it comes to professorial speech in the classroom. This lack of clarity has grave implications in the current political environment. There is now an unprecedented wave of legislative... 2023  
Marcia L. McCormick PROMOTING CHANGE IN THE FACE OF RETRENCHMENT 17 FIU Law Review 807 (Spring, 2023) I. Introduction. 807 II. Where We Are. 809 III. Steps Forward and Back. 818 IV. Conclusion. 832 2023  
Annabelle Wilmott PROTECTING THE RIGHT TO A MEANINGFUL DEFENSE: CRIMINAL TRIAL STORYTELLING 111 California Law Review 927 (June, 2023) If you only hear one side of the story, you have no understanding at all. --Chinua Achebe The widely accepted Story Model of jury decision-making acknowledges that juries, in large part, base their decisions not on logical or probabilistic reasoning but on the stories they construct at trial. Storytelling thus plays an important role in... 2023  
Anthony V. Alfieri RACE ETHICS: COLORBLIND FORMALISM AND COLOR-CODED PRAGMATISM IN LAWYER REGULATION 36 Georgetown Journal of Legal Ethics 353 (Summer, 2023) The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville Unite the Right Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and... 2023  
Bennett Capers RACE, GATEKEEPING, MAGICAL WORDS, AND THE RULES OF EVIDENCE 76 Vanderbilt Law Review 1855 (November, 2023) Introduction. 1855 I. Race-ing Evidence. 1857 II. Frye, Daubert, Rule 702, and Magical Words. 1862 III. Reimagining Rule 702. 1872 Conclusion. 1876 2023  
Keith H. Hirokawa RACE, SPACE, AND PLACE: INTERROGATING WHITENESS THROUGH A CRITICAL APPROACH TO PLACE 29 William and Mary Journal of Race, Gender, and Social Justice 279 (Winter, 2023) The Civil Rights Movement is long past, yet segregation persists. The wider society is still replete with overwhelmingly white neighborhoods, restaurants, schools, universities, workplaces, churches and other associations, courthouses, and cemeteries, a situation that reinforces a normative sensibility in settings in which black people are... 2023  
Bennett Capers , Gregory Day RACE-ING ANTITRUST 121 Michigan Law Review 523 (February, 2023) Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... 2023  
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023  
Jennifer S. Hunt , Stephane M. Shepherd RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS 47 Law and Human Behavior 1 (February, 2023) Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... 2023  
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25