| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Kristine L. Bowman |
THE (RE)DEFINITION OF FREE SPEECH |
38 Journal of Law & Politics 101 (Spring, 2023) |
The largely unwritten civic constitution is shaped by legislators, judges, bureaucrats, and others including ordinary citizens and social movement groups. I contend that it is also shaped by college and university presidents when they speak publicly about constitutional values such as free speech. Over the past decade, college and university... |
2023 |
|
| Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... |
2023 |
|
| Jamila Jefferson-Jones |
THE ANTI-WOKE AND THE BLACK AMERICAN (WAKING) DREAM |
17 Florida A & M University Law Review xv (Spring, 2023) |
This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the The American Dream Belongs to All of Us Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author... |
2023 |
|
| Duncan Kennedy |
THE BITTER IRONIES OF WILLIAMS v. WALKER-THOMAS FURNITURE CO. IN THE FIRST YEAR LAW SCHOOL CURRICULUM |
71 Buffalo Law Review 225 (April, 2023) |
This Article is about the famous contracts case of Williams v. Walker-Thomas Furniture Company, decided in 1965 in the U.S. Court of Appeals for the District of Columbia with an opinion by Judge J. Skelly Wright. Ora Lee Williams, the appellant, was Black and, according to the brief, was a person of limited education and separated from her husband... |
2023 |
|
| Joni Hersch , Colton Cronin |
THE CHARTER SCHOOL NETWORK (ALMOST) NO ONE WANTS: MOBILIZING REGULATION AND LITIGATION TO SERVE THE PUBLIC INTEREST |
44 Cardozo Law Review 1299 (April, 2023) |
Publicly funded, independently operated charter schools entered the public sector three decades ago with the promise of innovating public education to better serve students in underperforming schools. Despite limited evidence of improved educational outcomes, charter schools are now an established part of the education system, with around 7,800... |
2023 |
|
| Tracey Baker |
THE CLASSROOM BULLY PULPIT: DIVISIVE CONCEPTS LAWS ARE UNDERMINING INSTRUCTIONAL FREE SPEECH |
29 Widener Law Review 215 (2023) |
C1-2Table of Contents I. Introduction. 215 II. Government Speech. 217 III. Free Speech in the Academic Setting. 220 A. Academic Freedom. 220 B. Teachers and Other Public Employees. 221 C. Instructional Speech. 222 IV. Current Legislation. 225 IV. The Effect of Divisive Concepts Laws. 228 A. Undermines Academic Freedom. 229 B. Underminse Established... |
2023 |
|
| Gregory S. Parks , Etienne C. Toussaint |
THE COLOR OF LAW REVIEW |
103 Boston University Law Review 181 (February, 2023) |
Of the approximately sixty-five Black law review Editors-in-Chief (EICs) throughout U.S. history, at least thirty-eight--more than half--were elected in the past ten years. What inspired the dramatic increase in the diversity of law review leadership in recent history, and why has it taken so long? This question--what this Article calls law... |
2023 |
|
| Richard Delgado |
THE CONSEQUENCES OF SYSTEMIC RACISM: WHITE MEN'S LAW: THE ROOTS OF SYSTEMIC RACISM. BY PETER IRONS. NEW YORK, N.Y.: OXFORD UNIVERSITY PRESS. 2022. PP. XIX, 291. $29.95 |
11 Texas A&M Law Review 175 (Fall, 2023) |
If you kill a small animal of a certain species or swat an insect, the species itself is apt to survive and even flourish. They may produce more offspring to replace the numbers they lost. They may even benefit from the reduced competition for food. With humans, additional mechanisms come into play. During wartime, if a member of a unit suffers an... |
2023 |
|
| Verónica C. Gonzales-Zamora |
THE COVID CEILING |
39 Chicana/o-Latina/o Law Review 105 (2023) |
Throughout the pandemic, Mother-Scholars, one of many types of super-moms, have persisted despite the burdens of gender inequity in academia and the challenges of bearing the bulk of the domestic duties at home. The deep networks of help and social capital, referred to as familismo in Latina/x/o parenting discourse, that have historically helped... |
2023 |
|
| Denise Wallace |
THE DECLARATION OF INDEPENDENCE AND THE U.S. CONSTITUTION: A POLICY-ORIENTED ANALYSIS |
18 Intercultural Human Rights Law Review 207 (2023) |
Seminal events in American history - indeed the history of the world - are measured by dates: August 1619; July 4, 1776; January 1, 1863; June 19, 1865; December 6, 1865; June 13, 1866; February 3, 1870; 1954; 1964. These are a few of the dates etched into the annals of American life that hold resonance and provide starting and end points for... |
2023 |
|
| Caitlin Millat |
THE EDUCATION--DEMOCRACY NEXUS AND EDUCATIONAL SUBORDINATION |
111 Georgetown Law Journal 529 (March, 2023) |
Many believe that American democracy is in critical danger. These heightened concerns about democracy's survival have spurred conversation about the role public education can and should play in American life. At the same time, a wave of legislation has emerged that not only threatens to minimize public education's democratizing and equity-enhancing... |
2023 |
|
| Kathryn L. Cantu |
THE EYES OF TEXAS ARE UPON YOU: WILL AFFIRMATIVE ACTION IN TEXAS SURVIVE ITS ENDLESS CONSTITUTIONAL AND LEGISLATIVE ATTACKS? |
25 Scholar: St. Mary's Law Review on Race and Social Justice 11 (2023) |
Introduction. 12 I. History. 17 A. Affirmative Action in the Supreme Court. 17 B. The Texas Top Ten Percent Rule. 25 II. Analysis. 32 A. The Supreme Court's Mandates on Universities are Burdensome. 32 B. Citizen Opponents to Affirmative Action are Gathering Momentum.. 36 C. The Top Ten Percent Rule Was Not Really Considered by the Supreme Court..... |
2023 |
|
| Alyce Hammer |
THE FAILURE TO PROTECT FREE SPEECH IN HIGHER EDUCATION: A NONPARTISAN RIGHT WITH BIPARTISAN CONSEQUENCES |
37 Notre Dame Journal of Law, Ethics & Public Policy 469 (2023) |
Free speech has been a cornerstone of American democracy--and a subject of great debate--since before the thirteen colonies even declared independence. In fact, the journey toward free speech in the United States began forty years before the commencement of the Revolutionary War with the case known as Crown v. John Peter Zenger. Zenger, an American... |
2023 |
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| Paul J. Larkin , GianCarlo Canaparo |
THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
18 Liberty University Law Review 1 (Fall, 2023) |
Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... |
2023 |
|
| The Honorable Timothy Downing |
THE FUTURE OF EDUCATION |
35 Regent University Law Review 455 (2022-2023) |
Well, I have to agree--or disagree--with something that was said earlier. I think it is entirely appropriate to begin by thanking the audience and people here, and so I want to do the same. Thank you to all the Law Review students, all the students in Regent Law. I know there is a lot of campus support here as well, the people that are not from the... |
2023 |
|
| Courtney Garrett |
THE MUFFLED VOICE OF MINORITY LAW STUDENTS: HOW LAW JOURNALS HAVE SUCCUMBED TO UNSOLICITED BIASES AND LIMITED THE PROGRESSION OF DIVERSITY IN LAW SCHOOLS |
24 Rutgers Race & the Law Review 185 (2023) |
What does it take to be a published law student in America's current system? The answer: a selection from a journal cabinet which normally consists of current students at the journal's respective law school. The overall process is supervised by a faculty member to ensure that the operation is following the school's standards. However, why would... |
2023 |
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| Marc Spindelman |
THE NEW INTERSECTIONAL AND ANTI-RACIST LGBTQIA+ POLITICS: SOME THOUGHTS ON THE PATH AHEAD |
15 ConLawNOW 1 (2023) |
Something remarkable has been happening lately inside LGBTQIA+ communities and movements. It involves the widespread stirring and shifting of individual and collective political consciousness in directions and to a scale not seen before. These changes to LGBTQIA+ consciousness--and the politics they are producing-- would not be happening without... |
2023 |
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| Julie Dahlstrom |
THE NEW PORNOGRAPHY WARS |
75 Florida Law Review 117 (January, 2023) |
The world's largest online pornography conglomerate, MindGeek, has come under fire for the publishing of rape videos, child pornography, and nonconsensual pornography on its website, Pornhub. In response, as in the pornography wars of the 1970s and 1980s, lawyers and activists have turned to civil remedies and filed creative anti-trafficking... |
2023 |
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| Yotam Kaplan |
THE OTHER VIEW OF THE CATHEDRAL |
82 Maryland Law Review 479 (2023) |
In their celebrated article, now simply known as The Cathedral, Guido Calabresi and Douglas Melamed laid out the choice between property rules and liability rules. The rich and sophisticated literature that followed added multiple new ways to view this basic choice and highlighted the advantages of liability rules. The current Article adds a new... |
2023 |
|
| Elizabeth Tobin-Tyler |
THE PAST AND FUTURE OF PARENTAL RIGHTS: POLITICS, POWER, PLURALISM, AND PUBLIC HEALTH |
30 Virginia Journal of Social Policy and the Law 312 (Fall, 2023) |
Introduction. 313 I. The Legal Origins of Parental Rights in the United States. 317 A. Considerations in Articulating the Standard of Review for Parental Rights Cases. 321 II. Current Controversies. 322 A. Healthcare Decision-making. 322 B. Public Health. 325 C. Public Education. 330 D. Parens Patriae and Racial and LGBTQ+ Injustice. 336 III. The... |
2023 |
|
| Tiffany Yang |
THE PRISON PLEADING TRAP |
64 Boston College Law Review 1145 (May, 2023) |
Introduction. 1147 I. The Significance of a Prison Grievance. 1154 II. The Design and Function of Prison Grievance Pleading. 1160 A. Setting the Trap. 1161 B. The Trap in Action. 1165 C. The Dangers of Prisons as Rule-Makers. 1175 D. A Brief Meditation on Racial Subordination. 1180 III. Reforming (or Re-forming) the Trap. 1183 A. Existing... |
2023 |
|
| I. India Thusi |
THE RACIALIZED HISTORY OF VICE POLICING |
69 UCLA Law Review 1576 (September, 2023) |
Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States--such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and... |
2023 |
|
| Distinguished Panelists |
THE ROOTS OF MODERN EDUCATION |
35 Regent University Law Review 471 (2022-2023) |
Mr. Peter Mitchell: Good morning, everyone. Our first panel this morning is titled The Roots of Modern Education. What we want to do is give an overview of how we got to a point in history where I think almost everyone would agree education faces serious challenges, and some would say even a crisis, today. And I just want to ask both of our... |
2023 |
|
| Dan Friedman |
THE SPECIAL LAWS PROHIBITION, MARYLAND'S CHARTER COUNTIES, AND THE "AVOIDANCE OF UNTHINKABLE OUTCOMES" |
83 Maryland Law Review Online 28 (2023) |
Recently, Maryland appellate courts have suggested that county councils in Maryland's charter home rule counties are prohibited from adopting laws that violate the State constitutional prohibition on special laws. Although none of the traditional techniques of constitutional interpretation require that this should be the case, this article suggests... |
2023 |
|
| Mariela Olivares |
THE UNPRAGMATIC FAMILY LAW OF MARGINALIZED FAMILIES |
136 Harvard Law Review Forum 363 (April, 2023) |
In her excellent article Pragmatic Family Law, Professor Clare Huntington argues that divisive issues roiling U.S. politics, law, and society--such as abortion rights, gender-affirming health care for children, and parental involvement in and control over public school curricula regarding race and identity--have put a spotlight on family law. She... |
2023 |
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| Distinguished Panelists |
THE WOKE WORLD: WHERE IS EDUCATION TODAY? |
35 Regent University Law Review 525 (2022-2023) |
The Honorable Alice Batchelder: First of all, I'm really, really pleased to be here at Regent. It's my first time here, although I've certainly been hearing a lot about Regent over the years. It occurs to me that maybe I should tell you my first actual experience with Regent, which was probably fourteen or fifteen years ago. I was one of many... |
2023 |
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| Tiffany D. Atkins |
THESE BRUTAL INDIGNITIES: THE CASE FOR CRIMES AGAINST HUMANITY IN BLACK AMERICA |
111 Kentucky Law Journal 61 (2022-2023) |
L1-2Table of Contents . R361. L1-2Abstract . R362. L1-2Introduction . R363. I. The Historical Evidence. 66 A. Origins of Genocide. 68 B. Claims of Genocide. 69 i. Killing of Members of the Group. 69 ii. Causing Serious Mental Harm to Members Through Psychological Terror. 73 iii. Economic Genocide. 75 iv. Conspiracy to Commit Genocide Through... |
2023 |
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| Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
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| Danielle Pelfrey Duryea , Peggy Maisel , Kelley Saia, MD |
UN-ERASING RACE IN A MEDICAL-LEGAL PARTNERSHIP: ANTIRACIST HEALTH JUSTICE ADVOCACY BY DESIGN |
70 Washington University Journal of Law & Policy 97 (2023) |
[I]t is only by naming racism, asking the question How is racism operating here? and then mobilizing with others to actually confront the system and dismantle it that we can have any significant or lasting impacts on the pervasive racial health disparities that have plagued this country for centuries. --Camara Phyllis Jones, MD, MPH, PhD This... |
2023 |
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| Lindsay F. Wiley |
UNIVERSALISM, VULNERABILITY, AND HEALTH JUSTICE |
70 UCLA Law Review Discourse 204 (5/27/2023) |
This Essay responds to two recent articles which, on the surface, appear to pull the health justice movement in different directions: Angela Harris and Aysha Pamukcu's The Civil Rights of Health and Martha Albertson Fineman's Vulnerability and Social Justice. As a framework for health law scholarship and advocacy, health justice emphasizes... |
2023 |
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