| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
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| Nantiya Ruan |
RACIAL PAY EQUITY IN "WHITE" COLLAR WORKPLACES |
88 Brooklyn Law Review 519 (Winter, 2023) |
The racial wealth gap in America is wide and persistent. Long-standing and substantial wealth disparities between households in different racial and ethnic groups are simply staggering. In 2019, the typical White Family ha[d] eight times the wealth of the typical Black family and five times the wealth of the typical Hispanic family. Tellingly,... |
2023 |
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| Jessica M. Eaglin |
RACIALIZING ALGORITHMS |
111 California Law Review 753 (June, 2023) |
There is widespread recognition that algorithms in criminal law's administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law--tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may... |
2023 |
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| Susan Frelich Appleton , Laura A. Rosenbury |
REFLECTIONS ON "PERSONAL RESPONSIBILITY" AFTER COVID AND DOBBS: DOUBLING DOWN ON PRIVACY |
72 Washington University Journal of Law & Policy 129 (2023) |
This essay uses lenses of gender, race, marriage, and work to trace understandings of personal responsibility in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American welfare state through the start of the Trump administration; (II) the... |
2023 |
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| Janel A. George |
REFLECTIONS ON THE LAUNCH OF A RACIAL JUSTICE CLINIC AND THE BRAVERY OF LIONS |
30 Clinical Law Review 151 (Fall, 2023) |
This nation is at an inflection point in which the future of a viable, multi-racial democracy stands in the balance. However, this occurrence is not new-- the nation has experienced moments of retrenchment before, during which times of racial progress are quickly followed by retrenchment in the form of legal efforts to rollback hard-won civil... |
2023 |
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| Beth Caldwell |
REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP |
98 Washington Law Review 787 (October, 2023) |
Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... |
2023 |
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| Darryl Heller |
REPARATIONS AND RESTORATIVE JUSTICE: A PATH TO RACIAL HEALING |
20 Hastings Race and Poverty Law Journal 37 (Spring, 2023) |
C1-2Table of Contents Introduction. 37 Reparations as a response to racial injustice. 39 Restorative Justice: A New Paradigm for Reparations. 44 Accountability, Reparations, and Restorative Justice. 47 Conclusion. 51 |
2023 |
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| Darryl Heller |
REPARATIONS AND RESTORATIVE JUSTICE: A PATH TO RACIAL HEALING |
34 Hastings Journal on Gender and the Law 37 (Spring, 2023) |
C1-2Table of Contents Introduction. 37 Reparations as a response to racial injustice. 39 Restorative Justice: A New Paradigm for Reparations. 44 Accountability, Reparations, and Restorative Justice. 47 Conclusion. 51 |
2023 |
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| Joseph W. Yockey |
RESOLVING REGULATORY THREATS TO TENURE |
57 University of Richmond Law Review 579 (Winter, 2023) |
Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education... |
2023 |
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| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2023 |
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| Angela Onwuachi-Willig |
ROBERTS'S REVISIONS: A NARRATOLOGICAL READING OF THE AFFIRMATIVE ACTION CASES |
137 Harvard Law Review 192 (November, 2023) |
In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are mere recitations of facts and legal principles applied to those facts; they are the end result of a contest between opposing sides that have brought the parties to an objective truth through a lawsuit. In these scholars' eyes,... |
2023 |
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| Naomi Murakawa |
SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS |
69 UCLA Law Review 1430 (September, 2023) |
Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... |
2023 |
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| Matthew Boaz |
SPECULATIVE IMMIGRATION POLICY |
37 Georgetown Immigration Law Journal 183 (Winter, 2023) |
This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article... |
2023 |
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| Brian Soucek |
SPEECH FIRST, EQUALITY LAST |
55 Arizona State Law Journal 681 (Summer, 2023) |
Universities have been put in an impossible situation. They are liable under nondiscrimination laws if they allow hostile speech to interfere with someone's education, but they are increasingly said to be liable under the Free Speech Clause if they do anything to stop speech before that point. Put simply, universities are liable for acting until... |
2023 |
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| Aneil Kovvali |
STARK CHOICES FOR CORPORATE REFORM |
123 Columbia Law Review 693 (April, 2023) |
For decades, corporate law scholars insisted on a simple division of responsibilities. Corporations were told to focus exclusively on maximizing financial returns to shareholders while the government tended to all other concerns by adopting new regulations. As reformers challenged this orthodoxy by urging corporations to take action on pressing... |
2023 |
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| Pamela Wilkins, Suzianne Painter-Thorne |
SYMPOSIUM INTRODUCTION |
74 Mercer Law Review 797 (Spring, 2023) |
All of us labor in webs spun long before we were born. Anyone from Mercer University or from Macon, Georgia--indeed, anyone from the American South--should understand the truth of this statement. Markers and reminders of the past are ubiquitous: the Ocmulgee Mounds that were occupied by different Native American cultures for thousands of years;... |
2023 |
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| Roy L. Brooks |
SYMPOSIUM INTRODUCTION: WALKING WITH DESTINY |
60 San Diego Law Review 455 (August-September, 2023) |
C1-2Table of Contents I. Introduction. 455 II. Redress Frames. 461 A. Models of Redress. 462 B. Forms of Reparations. 465 C. Transitional Justice. 466 III. The Interim Report. 468 IV. Framing the Interim Report. 471 V. Conclusion. 478 |
2023 |
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| Todd A. DeMitchell, Ed.D., Joseph J. Onosko, Ph.D. |
TEACHER TENURE IN TENUOUS TIMES: A POLICY DISCUSSION OF TENURE'S PUBLIC GOOD |
414 West's Education Law Reporter 433 (10/12/2023) |
Originally enacted to protect against potential evils in state and local employment systems, such as nepotism, arbitrary dismissal, and political favoritism, tenure has become a common expectation of teacher employment. State teacher tenure laws are not a job guarantee but rather protection against arbitrary or politically motivated maltreatment.... |
2023 |
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| Sherri Lee Keene |
TEACHING DISSENTS |
107 Minnesota Law Review 2619 (June, 2023) |
Perhaps the most powerful trick of the human sciences is to decontextualize the obvious and then recontextualize it in a new way. In her dissenting opinion in Utah v. Strieff, Justice Sonia Sotomayor began by describing the majority's holding plainly, in her own words: The Court today holds that the discovery of a warrant for an unpaid parking... |
2023 |
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| Carliss N. Chatman |
TEACHING SLAVERY IN COMMERCIAL LAW |
28 Michigan Journal of Race and Law 1 (Spring, 2023) |
Public status shapes private ordering. Personhood status, conferred or acknowledged by the state, determines whether one is a party to or the object of a contract. For much of our nation's history, the law deemed all persons of African descent to have a limited status, if given personhood at all. The property and partial personhood status of... |
2023 |
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