AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022  
Zoe Masters AFTER DENIAL: IMAGINING WITH EDUCATION JUSTICE MOVEMENTS 25 University of Pennsylvania Journal of Law and Social Change 219 (2022) Abstract. In many U.S. states, Republican lawmakers are working to restrict how children can learn about racism. This article puts these efforts in context as part of a larger phenomenon of denial, which is integral to the social construction and maintenance of white supremacy. Denial has long been embedded in the constitutional framework that all... 2022  
Gabriela Vasquez AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS 28 National Black Law Journal 1 (2022) Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... 2022  
Thalia González, Alexis Etow, Cesar De La Vega AN ANTIRACIST HEALTH EQUITY AGENDA FOR EDUCATION 50 Journal of Law, Medicine & Ethics 31 (Spring, 2022) Keywords: Education Law and Policy, School Discipline and Policing, Structural Discrimination, Racism is a Public Health Crisis, Social Determinants of Health, Antiracist Health Equity Agenda Abstract: With growing public health and health equity challenges brought to the forefront--following racialized health inequities resulting from COVID-19 and... 2022  
L. Kate Mitchell, Maya K. Watson, Abigail Silva, Jessica L. Simpson AN INTER-PROFESSIONAL ANTIRACIST CURRICULUM IS PARAMOUNT TO ADDRESSING RACIAL HEALTH INEQUITIES 50 Journal of Law, Medicine & Ethics 109 (Spring, 2022) Keywords: Antiracism, Health, Equity, Curriculum, Interprofessional Abstract: Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life... 2022  
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022  
Danielle M. Conway ANTIRACIST LAWYERING IN PRACTICE BEGINS WITH THE PRACTICE OF TEACHING AND LEARNING ANTIRACISM IN LAW SCHOOL 2022 Utah Law Review 723 (2022) I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal... 2022  
Andrea A. Curcio, Alexis Martinez ARE DISCIPLINE CODE PROCEEDINGS ANOTHER EXAMPLE OF RACIAL DISPARITIES IN LEGAL EDUCATION? 22 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2022) Addressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems... 2022  
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022  
Berta Esperanza Hernández-Truyol AWAKENING THE LAW: A LATCRITICAL PERSPECTIVE 20 Seattle Journal for Social Justice 927 (Summer, 2022) The law is asleep; it needs awakening--a concept deployed across myriad disciplines to denote attaining a deep consciousness about and connection with the human condition, human actions, and their consequences. The outcome of an awakening is a realization of raw truths that allows seeing realities otherwise obscured by our perceptual... 2022  
LaToya Baldwin Clark BARBED WIRE FENCES: THE STRUCTURAL VIOLENCE OF EDUCATION LAW 89 University of Chicago Law Review 499 (March, 2022) In this Essay, I argue that, in urban metros like Chicago, poor Black children are victims of not just gun violence but also the structural violence of systemic educational stratification. Structural violence occurs in the context of domination, where poor Black children are marginalized and isolated, vulnerable to lifelong subordination across... 2022  
Mary Kate McGowan BEYOND SPEECH ACTS: ON HATE SPEECH AND THE UBIQUITY OF NORM ENACTMENT 20 Georgetown Journal of Law & Public Policy 1055 (Special Issue 2022) This paper argues against two frameworks for thinking about how language functions. The first such framework treats language use as primarily in the business of communicating content. On this content expression view, when we say things, we are only making claims about the world and/or offering considerations for or against such claims. It is shown... 2022  
Goldburn P. Maynard Jr. BIDEN'S GAMBIT: ADVANCING RACIAL EQUITY WHILE RELYING ON A RACE-NEUTRAL TAX CODE 131 Yale Law Journal Forum 656 (9-Jan-22) abstract. The American Rescue Plan Act was both a major infusion of economic aid to low-income and middle-class Americans and an opportunity for the Biden Administration to keep its promise to promote racial equity. This Essay analyzes ARPA's major provisions to determine their potential impact on racial equity. It argues that the Biden... 2022  
Kyler J. Palmer BOSTOCK, BACKLASH, AND BEYOND THE PALE: RELIGIOUS RETRENCHMENT AND THE FUTURE OF LGBTQ ANTIDISCRIMINATION ADVOCACY IN THE WAKE OF TITLE VII PROTECTION 15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) The Supreme Court's landmark decision in Bostock v. Clayton County is an influential ruling affecting future LGBTQ rights projects. However, the Court's ability to produce social and political change through legally formalistic decisions related to highly contentious social issues is routinely undercut by public backlash. In the context of LGBTQ... 2022  
Kevin R. Johnson BRINGING RACEXGENDER EQUALITY TO THE UNEQUAL PROFESSION 51 Southwestern Law Review 200 (2022) Meera Deo's powerful book, Unequal Profession, sheds much light on the stunning inequalities facing women of color in legal academia. Collecting a wealth of quantitative and qualitative data, the book reveals the stark raceXgender (race multiplied by gender) disadvantages faced by women of color law professors. By Deo's account, the barriers to... 2022  
Bryan Castro CAN YOU PLEASE SEND SOMEONE WHO CAN HELP? HOW QUALIFIED IMMUNITY STOPS THE IMPROVEMENT OF POLICE RESPONSE TO DOMESTIC VIOLENCE AND MENTAL HEALTH CALLS 16 Harvard Law & Policy Review 581 (Summer, 2022) Society interacts with the police in many ways. However, there is a great deal of tension between the police and the public at large. This paper focuses on the tension between domestic violence victims, persons with significant psychological conditions (PWSPC), and the police. Currently, police spend equal amounts of time with these two groups as... 2022  
Brishen Rogers CAPITALIST DEVELOPMENT, LABOR LAW, AND THE NEW WORKING CLASS: THE NEXT SHIFT: THE FALL OF INDUSTRY AND THE RISE OF HEALTH CARE IN RUST BELT AMERICA, BY GABRIEL WINANT, HARVARD UNIVERSITY PRESS, 2021 131 Yale Law Journal 1842 (April, 2022) Gabriel Winant's The Next Shift charts the transformation of Pittsburgh's labor market and political economy from the postwar period through the era of unabashed neoliberalism. During that time, relatively well-paid and unionized employment in steel and metalworking plummeted, while low-wage, precarious, nonunion employment in health care and... 2022  
Kara W. Swanson CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE 25 Stanford Technology Law Review (2022) (Spring, 2022) This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... 2022  
Charquia Wright CIRCUIT CIRCUS: DEFYING SCOTUS AND DISENFRANCHISING BLACK VOTERS 83 Ohio State Law Journal 601 (2022) Law students are uniformly taught that federal circuit courts cannot and will not overrule Supreme Court precedent under any circumstance. This is not true. They can, with little fear of corrective mechanisms like en banc oversight, Supreme Court review, or congressional override. And in certain circumstances, they are bound to do so by the law of... 2022  
Jonathan P. Feingold CIVIL RIGHTS CATCH-22S 43 Cardozo Law Review 1855 (June, 2022) Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground... 2022  
Anne D. Gordon CLEANING UP OUR OWN HOUSES: CREATING ANTI-RACIST CLINICAL PROGRAMS 29 Clinical Law Review 49 (Fall, 2022) A formidable body of research and scholarship describes the unique difficulties faced by various minoritized groups within our law schools. Women, people of color, those with disabilities, LGBTQ+ people, and all those outside, overlapping, or in-between have powerfully described how their turn through legal academia was marked by discrimination,... 2022  
Cinnamon P. Carlarne CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW 41 Stanford Environmental Law Journal 125 (May, 2022) I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... 2022  
Jeena Shah COMMUNITY LAWYERING IN RESISTANCE TO NEOLIBERALISM 120 Michigan Law Review 1061 (April, 2022) An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. Pp. xxi, 661. $44.95. 1. . This is a multi-layered city, unceremoniously built on hills, valleys, ravines. Flying into Burbank airport in the day, you observe gradations of trees and earth. A city seems to be an afterthought,... 2022  
Lucy Jewel COMPARATIVE LEGAL RHETORIC 110 Kentucky Law Journal 107 (2021-2022) Table of Contents. 107 Introduction. 108 I. Why Study Comparative Legal Rhetoric?. 112 II. The Foundations of Comparative Legal Rhetoric. 118 A. Legal Rhetoric. 118 B. Comparative Law. 120 C. Comparative Approaches to Rhetoric. 123 i. Contrastive Rhetoric. 123 ii. Comparative Rhetoric. 127 1. An Initial Survey of Comparative Rhetoric. 127 2. The... 2022  
Benjamin Levin CRIMINAL JUSTICE EXPERTISE 90 Fordham Law Review 2777 (May, 2022) For decades, commentators have adopted a story of mass incarceration's rise as caused by punitive populism. Growing prison populations, expanding criminal codes, and raced and classed disparities in enforcement result from pathological politics: voters and politicians act in a vicious feedback loop, driving more criminal law and punishment. The... 2022  
Michael P. Goodyear CULTURE AND FAIR USE 32 Fordham Intellectual Property, Media and Entertainment Law Journal 334 (Winter, 2022) The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating... 2022  
Seema Tahir Saifee DECARCERATION'S INSIDE PARTNERS 91 Fordham Law Review 53 (October, 2022) This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important--and sometimes extraordinary--strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies... 2022  
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022  
Elaine Gross, MSW DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE 38 Touro Law Review 589 (2022) In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... 2022  
Jamelia Morgan DISABILITY'S FOURTH AMENDMENT 122 Columbia Law Review 489 (March, 2022) Issues relating to disability are undertheorized in the Supreme Court's Fourth Amendment jurisprudence. Across the lower courts, although disability features prominently in excessive force cases, typically involving individuals with psychiatric disabilities, it features less prominently in other areas of Fourth Amendment doctrine. Similarly,... 2022  
Leah M. Litman DISPARATE DISCRIMINATION 121 Michigan Law Review 1 (October, 2022) This Article explains and analyzes a recent trend in the Supreme Court's cases regarding unintentional discrimination, where the argument is that a law has the effect of producing a disadvantage on members of a particular group. In religious discrimination cases, the Court has held that a law is presumptively unconstitutional if the law results in... 2022  
Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022  
Raquel Muñiz , Sergio Barragán DISRUPTING THE RACIALIZED STATUS QUO IN EXAM SCHOOLS?: RACIAL EQUITY AND WHITE BACKLASH IN BOSTON PARENT COALITION FOR ACADEMIC EXCELLENCE v. THE SCHOOL COMMITTEE OF THE CITY OF BOSTON 49 Fordham Urban Law Journal 1043 (October, 2022) Introduction. 1044 I. Literature Review. 1049 A. White Backlash and White Victimhood. 1050 B. Color-Evasiveness and the Burden of Silent Racism. 1054 C. Racialization of High-Stakes Testing. 1056 II. The BPCAE v. Boston Controversy as a Case Study. 1061 A. Legal Precedent and Social Context Surrounding the Case. 1061 B. Conceptual Lens and Analytic... 2022  
Brian Soucek DIVERSITY STATEMENTS 55 U.C. Davis Law Review 1989 (April, 2022) Universities increasingly require diversity statements' from faculty seeking jobs, tenure, or promotion. But statements describing faculty's contributions to diversity, equity, and inclusion are also increasingly under attack. Criticisms first made in tweets and blog posts have expanded into prominent opinion pieces and, more recently, law review... 2022  
Lucas Swaine DOES HATE SPEECH VIOLATE FREEDOM OF THOUGHT? 29 Virginia Journal of Social Policy and the Law 1 (Winter, 2022) I. Introduction. 2 II. What Is Hate Speech?. 3 III. What's Wrong With Hate Speech?. 7 IV. Freedom of Speech and Freedom of Thought. 11 V. Hate-Speech Violations of Freedom of Thought: Cases and Examples. 16 A. Tabloid Treatments of the Murder of Ingrid Escamilla. 16 B. Slave-Auction Markers in Virginia and Maryland. 19 C. R.A.V. v. City of St.... 2022  
Lawrence Rosenthal DOES THE FIRST AMENDMENT PROTECT ACADEMIC FREEDOM? 46 Journal of College and University Law 223 (2021-2022) Whatever the strength of the case for academic freedom, it remains the case that academic freedom can be granted or withheld at the discretion of the leadership of universities and colleges, and the elected officials entitled to dictate policy at those institutions, unless academic freedom enjoys constitutional protection. The constitutional status... 2022  
Bruce A. Easop EDUCATION EQUITY DURING COVID-19: ANALYZING IN-PERSON PRIORITY POLICIES FOR STUDENTS WITH DISABILITIES 74 Stanford Law Review 223 (January, 2022) Abstract. During the COVID-19 pandemic, schools nationwide failed to provide essential supports and services to students with disabilities. Based on reviews of 115 school-district reopening plans, this Note finds that numerous schools sought to remedy these gaps through in-person priority policies designed to return students with disabilities to... 2022  
Philip Hamburger EDUCATION IS SPEECH: PARENTAL FREE SPEECH IN EDUCATION 101 Texas Law Review 415 (December, 2022) Education is speech. This simple point is profoundly important. Yet it rarely gets attention in the First Amendment and education scholarship. Among the implications are those for public schools. All the states require parents to educate their minor children and at the same time offer parents educational support in the form of state schooling.... 2022  
Sunita Patel EMBEDDED HEALTHCARE POLICING 69 UCLA Law Review 808 (May, 2022) Scholars and activists are urging a move away from policing and towards more care-based approaches to social problems and public safety. These debates contest the conventional wisdom about the role and scope of policing and call for shifting resources to systems of care, including medical, mental health, and social work. While scholars and... 2022  
Lisa M. Fairfax EMPOWERING DIVERSITY AMBITION: BRUMMER AND STRINE'S DUTY AND DIVERSITY MAKES THE LEGAL AND BUSINESS CASE FOR DOING MORE, DOING GOOD, AND DOING WELL 75 Vanderbilt Law Review En Banc 131 (2022) I. Corporate Diversity Leadership and Racial Inequity: A Tie that Binds. 134 II. Another Look at the Business Rationale. 140 III. Corporate Law as Diversity Mandate and Diversity Safe Harbor: Refuting the Myths of Diversity Detractors. 146 Conclusion. 154 2022  
Brennan Gardner Rivas ENFORCEMENT OF PUBLIC CARRY RESTRICTIONS: TEXAS AS A CASE STUDY 55 U.C. Davis Law Review 2603 (June, 2022) In ongoing conversations about public carry laws, many scholars make references to enforcement of public carry laws. These references tend to claim that such laws were enforced in a discriminatory way, or even not at all. This Article presents data-driven conclusions about the enforcement of the 1871 deadly weapon law of Texas, the state's primary... 2022  
Kelly K. Dineen, Elizabeth Pendo ENGAGING DISABILITY RIGHTS LAW TO ADDRESS THE DISTINCT HARMS AT THE INTERSECTION OF RACE AND DISABILITY FOR PEOPLE WITH SUBSTANCE USE DISORDER 50 Journal of Law, Medicine & Ethics 38 (Spring, 2022) Keywords: Substance Use Disorder, Racism, Disability, Rights Law, Health Inequities, Intersectionality Abstract: This article examines the unique disadvantages experienced by Black people and other people of color with substance use disorder in health care, and argues that an intersectional approach to enforcing disability rights laws offer an... 2022  
J.P. Messina ETHICS IN CONVERSATION: WHY "MERE" CIVILITY IS NOT ENOUGH 20 Georgetown Journal of Law & Public Policy 1033 (Special Issue 2022) In her excellent Mere Civility, Teresa Bejan distinguishes between three conceptions of civility, arguing that the third, Mere Civility, is best positioned to help us navigate our increasingly polarized world. In this paper, I argue that Mere Civility does not ask enough of speakers. As participants in important discussions, we should hold... 2022  
Khiara M. Bridges EVALUATING PRESSURES ON ACADEMIC FREEDOM 59 Houston Law Review 803 (Symposium, 2022) This Commentary evaluates the pressures on academic freedom that are coming from the political left and the political right. It concludes that the pressures from the opposing political camps are different in kind and degree. The Commentary suggests that because of the differing natures of these pressures on academic freedom, society and... 2022  
Erica Goldberg FIRST AMENDMENT CONTRADICTIONS AND PATHOLOGIES IN DISCOURSE 64 Arizona Law Review 307 (Summer, 2022) A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections are justified by the idea that rational, informed deliberation leads to peaceful decision-making, yet our marketplace of ideas is crowded with lies, reductive narratives,... 2022  
Isabelle R. Gunning FOREWORD 50 Southwestern Law Review 397 (2022) Southwestern Law Review's Spring Symposium Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality, produced in collaboration with the Southwestern Black Law Students Association seeks to respond to the mass movement for change that resulted from the murders of George Floyd, Breonna Taylor and numerous other African... 2022  
Bennett Capers , Bruce A. Green FOREWORD 90 Fordham Law Review 1945 (April, 2022) Is there such a thing as subversive lawyering? And if so, what is it? These are the questions that motivate this colloquium issue. To be sure, other, similar terms exist and have been explicated. Movement lawyering. Rebellious lawyering. Resistance lawyering. Indeed, we were particularly inspired by Daniel Farbman's article Resistance Lawyering, in... 2022  
Tayyab Mahmud FOREWORD: LATCRIT@25: MAPPING CRITICAL GEOGRAPHIES AND ALTERNATIVE POSSIBILITIES 20 Seattle Journal for Social Justice 915 (Summer, 2022) Don't you understand that the past is the present; that without what was, nothing is? Getting its history wrong is part of being a nation. Since its formation over 25 years ago, Latina and Latino Legal Theory (LatCrit) has developed outsider jurisprudence, launched a wide array of projects, and built a vital community engaged in critical knowledge... 2022  
Shelley Cavalieri, Saru M. Matambanadzo, Lua Kamál Yuille FOREWORD: MAPPING CRITICAL GEOGRAPHIES IN VIRTUAL SPACE 99 Denver Law Review 653 (Summer, 2022) In this Foreword to the LatCrit Symposium, the authors introduce the work of the 2021 LatCrit Biennial Meeting. They frame the movement as one of critical and liberatory theorizing in a time of retrenchment of opposition to the antisubordination project, highlighting the many strands of Critical Legal Studies that find home in the big tent of the... 2022  
Khiara M. Bridges FOREWORD: RACE IN THE ROBERTS COURT 136 Harvard Law Review 23 (November, 2022) C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... 2022  
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