| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Leslie Patrice Culver |
(UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY |
21 Nevada Law Journal 655 (Spring, 2021) |
IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... |
2021 |
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| Ediberto Román , Ernesto Sagás |
A DOMESTIC REIGN OF TERROR: DONALD TRUMP'S FAMILY SEPARATION POLICY |
24 Harvard Latinx Law Review 65 (Spring, 2021) |
Family separation has the dubious distinction of being the most odious measure amongst Donald Trump's draconian anti-immigrant immigration policies. The policy was introduced by the Trump administration as a way to broadly deter would-be immigrants and asylum seekers by instilling in them the fear of being separated from their children. After its... |
2021 |
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| Portia Pedro |
A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE |
107 Virginia Law Review Online 143 (June, 2021) |
In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... |
2021 |
|
| D Dangaran |
ABOLITION AS LODESTAR: RETHINKING PRISON REFORM FROM A TRANS PERSPECTIVE |
44 Harvard Journal of Law & Gender 161 (Winter, 2021) |
Given the disproportionate violence trans people in prison experience, flooding the legal system with litigation to create change for individual plaintiffs is only a stopgap measure. A better remedy to uproot the harm is to keep trans people out of prison entirely. The first claim of this Note is that prisons are inherently more violent for trans... |
2021 |
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| Richard Delgado , Jean Stefancic |
AGAINST EQUALITY: A CRITICAL ESSAY FOR THE NAACP AND OTHERS |
48 Hastings Constitutional Law Quarterly 235 (Winter, 2021) |
C1-2Table of Contents Introduction. 236 I. Structural Hurdles. 240 A. Forms of Treatment Unique to One Group. 240 B. Neglecting the Frame or Field. 242 1. Tucson School Controversy. 242 2. Brown v. Board of Education. 244 3. Immigration and Deportation. 245 II. Conceptual Limits on Enforcing Decrees. 245 A. Disbelief. 245 B. Colorblindness. 247 C.... |
2021 |
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| Jessica K. Heldman, JD , Hon. Geoffrey A. Gaither |
AN EXAMINATION OF RACISM AND RACIAL DISCRIMINATION IMPACTING DUAL STATUS YOUTH |
42 Children's Legal Rights Journal 21 (2021) |
Not everything that is faced can be changed; but nothing can be changed until it is faced. - James Baldwin Racial disproportionality and disparity have long been characteristic of both the child welfare and youth justice systems. Discriminatory policies and practices present at the origin of these systems continue to plague children, families, and... |
2021 |
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| Vasuki Nesiah |
AN UN-AMERICAN STORY OF THE AMERICAN EMPIRE: SMALL PLACES, FROM THE MISSISSIPPI TO THE INDIAN OCEAN |
67 UCLA Law Review 1450 (April, 2021) |
This intervention gestures to histories of American empire from a perspective born outside America's shores--in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we... |
2021 |
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| Luke A. Boso |
ANTI-LGBT FREE SPEECH AND GROUP SUBORDINATION |
63 Arizona Law Review 341 (Summer, 2021) |
This Article is about the tension between liberty and equality. It examines this tension in the context of disputes over free speech and LGBT rights. In the modern Civil Rights Era, the social and legal climate has become increasingly intolerant of bullying, embraced liberal sexual and gender norms, and sought to institute formal equality for... |
2021 |
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| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
|
| Vidhaath Sripathi |
BARS BEHIND BARS: RAP LYRICS, CHARACTER EVIDENCE, AND STATE v. SKINNER |
24 Journal of Gender, Race and Justice 207 (Spring, 2021) |
I. Introduction. 207 II. Background. 209 A. History and Development of Rap Music in Popular Culture. 210 1. Origins of Rap and Hip-Hop Music. 211 2. Gangsta Rap and Hip-Hop's Commercial Success. 213 3. Censorship of Rap Music. 214 4. Rap as Mainstream--The Most Popular Genre in the Country. 216 5. Existing Racial and Cultural Perceptions of Rap... |
2021 |
|
| Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
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| Fahim A. Gulamali |
CIRCUMSCRIBING THE RIGHT TO BEAR ARMS: THE SECOND AMENDMENT, GUN VIOLENCE, AND GUN CONTROL IN CALIFORNIA AND MISSISSIPPI |
28 University of Miami International and Comparative Law Review 405 (Spring, 2021) |
The United States occupies a unique position amongst countries around the world when it comes to gun rights. While the United States is one of three countries that provides its people the constitutional right to bear arms, it is the only country that has more guns per capita than residents. Further, because of the saturation of guns in the United... |
2021 |
|
| Linda C. McClain , James E. Fleming |
CIVIC EDUCATION IN CIRCUMSTANCES OF CONSTITUTIONAL ROT AND STRONG POLARIZATION |
101 Boston University Law Review 1771 (October, 2021) |
This Essay argues that civic education is crucial to remedying what Jack Balkin, in The Cycles of Constitutional Time, diagnoses as constitutional rot in the United States. A twenty-first century civic education must meet challenges of polarization and growing diversity and inequality and equip people for forms of democratic participation... |
2021 |
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| Joonu-Noel Andrews Coste |
COVID-19, HEALTH JUSTICE, AND THE PRIVILEGE OF SPACE: A NEW CRITICAL INTERSECTIONAL FRAMEWORK FOR CREATING A PRESCRIPTION FOR EQUAL WELL-BEING AND APPLIED TO ADDRESSING HEALTH OF CHILDREN RESIDING IN PSYCHIATRIC INSTITUTIONS |
43 Campbell Law Review 309 (Spring, 2021) |
When day comes we ask ourselves, / where can we find light in this never-ending shade? / The loss we carry, / a sea we must wade / We've braved the belly of the beast / We've learned that quiet isn't always peace / And the norms and notions / of what just is / Isn't always justice / And yet the dawn is ours / before we knew it / Somehow we do it /... |
2021 |
|
| Laila L. Hlass , Lindsay M. Harris |
CRITICAL INTERVIEWING |
2021 Utah Law Review 683 (2021) |
Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... |
2021 |
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| Justin Desautels-Stein, Akbar Rasulov |
DEEP CUTS: FOUR CRITIQUES OF LEGAL IDEOLOGY |
31 Yale Journal of Law & the Humanities 435 (Winter, 2021) |
This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics,... |
2021 |
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| Nicholas Loh |
DIASPORIC DREAMS: LAW, WHITENESS, AND THE ASIAN AMERICAN IDENTITY |
48 Fordham Urban Law Journal 1331 (October, 2021) |
Introduction. 1331 I. Historical Artifacts--Anti-Asian Animus. 1335 A. Exclusion and Litigating Whiteness. 1335 B. Alien Land Laws and Internment. 1341 II. Assimilation, Covering, and Honorary Whiteness. 1345 A. Assimilation and the Model Minority Myth. 1346 B. Covering. 1348 C. The Choice for a New Generation of Assimilated Asian Americans. 1351... |
2021 |
|
| Nancy Leong |
ENJOYED BY WHITE CITIZENS |
109 Georgetown Law Journal 1421 (June, 2021) |
Whiteness is invisible in American law. The U.S. Constitution never mentions white people. Indeed, the entirety of constitutional and statutory law, at both the federal and state level, includes only two antidiscrimination statutes that refer explicitly to white people. These Reconstructionera statutes--42 U.S.C. § 1981 and § 1982--declare that all... |
2021 |
|
| Aina N. Watkins |
EXECUTIVE ORDER 13950, ON COMBATING RACE AND SEX STEREOTYPING: ITS EFFECT ON GOVERNMENT CONTRACTORS' USE OF DIVERSITY TRAINING |
56-FALL Procurement Lawyer 10 (Fall, 2021) |
In 2020, President Donald Trump issued an executive order that barred federal agencies from conducting diversity training focusing on anti-racism in the United States; the order came after the debut of the 1619 Project (a critical retrospective on race history in the United States), and in the aftermath of a surge in the Black Lives Matter... |
2021 |
|
| Quintin Chatman |
FIGHTING FOR JUSTICE IN A DIVIDED WORLD |
45-JUL Champion 42 (July, 2021) |
How do the racial problems in the criminal legal system impact the dynamics of the lawyer-client relationship? Three zealous advocates share their views. With feet planted firmly and with a line drawn in the sand, criminal defense lawyers stand between clients and the power of the government. While bar associations like NACDL have the luxury of... |
2021 |
|
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
|
| Norrinda Brown Hayat |
FREEDOM PEDAGOGY: TOWARD TEACHING ANTIRACIST CLINICS |
28 Clinical Law Review 149 (Fall, 2021) |
Like other sectors of society, legal education is undergoing a reckoning in the wake of the 2020 murder of George Floyd, demands for racial justice from the Movement for Black Lives, and related demands for abolitionism and defunding the police. Through the lens of a formal call to action issued by the Rutgers Law School faculty and the author's... |
2021 |
|
| Renee Nicole Allen |
FROM ACADEMIC FREEDOM TO CANCEL CULTURE: SILENCING BLACK WOMEN IN THE LEGAL ACADEMY |
68 UCLA Law Review 364 (August, 2021) |
In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another's scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories... |
2021 |
|
| Ama Ruth Francis |
GLOBAL SOUTHERNERS IN THE NORTH |
93 Temple Law Review 689 (Summer, 2021) |
Third World Approaches to International Law (TWAIL) scholarship contends that international law privileges nation-states in the Global North over those in the Global South. The literature primarily draws on a Westphalian conception of the North-South divide in analyzing asymmetrical issues of power in the global political economy. Given the... |
2021 |
|
| Richard Ashby Wilson, Molly K. Land |
HATE SPEECH ON SOCIAL MEDIA: CONTENT MODERATION IN CONTEXT |
52 Connecticut Law Review 1029 (February, 2021) |
For all practical purposes, the policy of social media companies to suppress hate speech on their platforms means that the longstanding debate in the United States about whether to limit hate speech in the public square has been resolved in favor of vigorous regulation. Nonetheless, revisiting these debates provides insights essential for... |
2021 |
|
| Daniel Ortner |
IN THE NAME OF DIVERSITY: WHY MANDATORY DIVERSITY STATEMENTS VIOLATE THE FIRST AMENDMENT AND REDUCE INTELLECTUAL DIVERSITY IN ACADEMIA |
70 Catholic University Law Review 515 (Fall, 2021) |
I. History of Professorial First Amendment Protection. 520 A. Foundational Supreme Court Precedent. 520 B. The Pickering Test. 529 C. Protection of Faculty Speech under Pickering. 531 1. Classroom Speech. 531 2. Academic Research. 533 3. Extramural Speech. 535 D. Garcetti. 537 E. The Circuit Split over Garcetti. 539 1. Courts Applying Garcetti. 539... |
2021 |
|
| Elizabeth S. Anker , Justin Desautels-Stein |
INTRODUCTION TO THE SYMPOSIUM: THE STAKES FOR CRITICAL LEGAL THEORY |
92 University of Colorado Law Review 945 (Fall, 2021) |
On September 17, 2020, Donald Trump spoke at the socalled White House Conference on American History. The conference mission, Trump explained, was to clear away the twisted web of lies propagated by the left. As Trump saw it, the problem wasn't only that left-wing mobs have torn down statutes of our founders, desecrated our memorials, and... |
2021 |
|
| David A. Grenardo |
IT'S WORTH A SHOT: CAN SPORTS COMBAT RACISM IN THE UNITED STATES? |
12 Harvard Journal of Sports & Entertainment Law 237 (Spring, 2021) |
Racism has stained this country throughout its history, and racism persists today in the United States, including in sports. Sports represent a reflection of society and its ills, but they can also provide a powerful means to combat racism. This article examines the state of racism in society and sports both historically and today. It also provides... |
2021 |
|
| Susan Azyndar , Susan David deMaine |
KEEPING UP WITH NEW LEGAL TITLES |
113 Law Library Journal 217 (Summer, 2021) |
Coughlin, Christine, Sandy Patrick, Matthew Houston, and Elizabeth McCurry Johnson. Modern Legal Scholarship: A Guide to Producing and Publishing Scholarly and Professional Writing. Durham, N.C.: Carolina Academic Press, 2020. 250p. $41. Reviewed by Katie Brown ¶1 Modern Legal Scholarship: A Guide to Producing and Publishing Scholarly and... |
2021 |
|
| Mary Louise Frampton |
LAW SCHOOL DESIGN FROM A CRITICAL RACE PERSPECTIVE: THE GENESIS OF THE CHARRETTE |
25 U.C. Davis Social Justice Law Review 53 (Summer, 2021) |
Crises often enable us to see the world in a different light and to talk more honestly about painful subjects. COVID-19 has been a calamity that has sown death and despair, distrust, and division, but it has also created the opportunity for this generation of Americans to see how racial hierarchy infects everything. For those who could previously... |
2021 |
|
| Distinguished Panelists |
LAW, SOCIAL JUSTICE, WOKENESS AND THE PROTESTS: WHERE DO WE GO FROM HERE? |
33 Regent University Law Review 315 (2020-2021) |
Hon. Kenneth Lee: Good morning, or good afternoon, wherever you may be. My name is Ken Lee, and I sit on the U.S. Court of Appeals for the Ninth Circuit. I will be moderating the first showcase panel, Law, Social Justice, Wokeness and the Protests: Where Do We Go From Here? This is obviously a very timely topic, and today we are privileged to... |
2021 |
|
| Brigitte Meyer |
LAWYERING IN THE AGE OF LYNCHING |
13 Northeastern University Law Review 389 (May, 2021) |
The following article engages critically with issues of racism and racial terror and includes descriptions of violent and traumatic events. This content has the potential to be difficult and/or acutely affect our readers. Throughout this article, racial slurs used in historical primary sources were redacted or replaced. The Law Review and the... |
2021 |
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| Nicholas Mignanelli |
LEGAL RESEARCH AND ITS DISCONTENTS: A BIBLIOGRAPHIC ESSAY ON CRITICAL APPROACHES TO LEGAL RESEARCH |
113 Law Library Journal 101 (Spring, 2021) |
What is Critical Legal Research? What is critical about critical legal information literacy? What is a critical law librarian, and what must one do to be one? This bibliographic essay attempts to answer these questions in the course of providing a comprehensive introduction to the history, literature, and practices found at the intersection of... |
2021 |
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| Kevin E. Davis |
LEGAL RESPONSES TO BLACK SUBORDINATION, GLOBAL PERSPECTIVES |
134 Harvard Law Review Forum 359 (June 1, 2021) |
[I]n order to win and bring as many people with us along the way, we must move beyond the narrow nationalism that is all too prevalent in Black communities. --Black Lives Matter Around the world, people of African descent (Afro-descendants)--to use one of the broadest possible definitions of Blackness--are overrepresented among the poor and... |
2021 |
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| Amna A. Akbar, Sameer M. Ashar, Jocelyn Simonson |
MOVEMENT LAW |
73 Stanford Law Review 821 (April, 2021) |
Abstract. In this Article we make the case for movement law, an approach to legal scholarship grounded in solidarity, accountability, and engagement with grassroots organizing and left social movements. In contrast to law and social movements--a field that studies the relationship between lawyers, legal process, and social change--movement law... |
2021 |
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| Royce Poinsett |
OVERVIEW |
84 Texas Bar Journal 712 (September, 2021) |
The 2021 Texas Legislature furnished enough compelling storylines for several sessions. Among other endeavors, legislators convened warily during a pandemic, responded to a historic winter storm that overwhelmed the state's electrical grid, and balanced a strained state budget with the help of billions of dollars in just-in-time federal relief. A... |
2021 |
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| Lario Albarrán |
OWNING FRIDA KAHLO |
35 Emory International Law Review 627 (2021) |
--Hayden Herrera Frida Kahlo is undoubtedly one of the most recognizable names in art history. Her work epitomizes Mexican national and indigenous traditions and is regarded as an uncompromising depiction of the female experience and form. But her fame goes beyond art galleries. Kahlo's face--brooding gaze, elaborate Mexican coiffures, and... |
2021 |
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| Jocelyn Simonson |
POLICE REFORM THROUGH A POWER LENS |
130 Yale Law Journal 778 (February, 2021) |
abstract. Scholars and reformers have in recent years begun to imagine new and different configurations for how the state can design policing institutions. These conversations have increased in volume and urgency in response to the 2020 national uprising against police violence, when radical demands born within social movements have gained... |
2021 |
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| Aya Gruber |
POLICING AND "BLUELINING" |
58 Houston Law Review 867 (Symposium, 2021) |
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... |
2021 |
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| E. Tendayi Achiume , Aslı Bâli |
RACE AND EMPIRE: LEGAL THEORY WITHIN, THROUGH, AND ACROSS NATIONAL BORDERS |
67 UCLA Law Review 1386 (April, 2021) |
In January 2020, we convened the UCLA Law Review Symposium, entitled Transnational Legal Discourse on Race and Empire. In this Article, which also serves as an introduction to the Issue that resulted from the Symposium, we seek to do two things. Our first objective is to situate this Symposium Issue within its broader intellectual context: renewed... |
2021 |
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| Chantal Thomas |
RACE AS A TECHNOLOGY OF GLOBAL ECONOMIC GOVERNANCE |
67 UCLA Law Review 1860 (April, 2021) |
This Article offers an account of the role of race in global political economy--in particular, how to understand racialization as part of the process by which institutions of economic hierarchy not only were created but continue to be legitimated. It offers the conception of race as a technology: the product of racialized forms of knowing, which... |
2021 |
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| Shaun L. Gabbidon, Ph.D. |
RACE, CRIME, AND THE LAW: A SOCIOHISTORICAL ANALYSIS |
47 Ohio Northern University Law Review 585 (2021) |
I have been researching and teaching the topic of race and crime for more than twenty-five years. During this period, a few things have become increasingly clear: First, students and the general public are woefully ignorant of the historical and significant role racism plays in criminal justice system outcomes. Second, students and the general... |
2021 |
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| Joshua S. Sellers |
RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY |
169 University of Pennsylvania Law Review Online 167 (2021) |
Introduction. 167 I. The Range of Racial Reforms. 170 II. Law of Democracy Scholarship and Black Equity. 176 Conclusion. 185 |
2021 |
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| Yuvraj Joshi |
RACIAL TRANSITION |
98 Washington University Law Review 1181 (2021) |
The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... |
2021 |
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| Vinay Harpalani |
RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS |
37 Georgia State University Law Review 1361 (Summer, 2021) |
This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... |
2021 |
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| Jasmine E. Harris |
RECKONING WITH RACE AND DISABILITY |
130 Yale Law Journal Forum 916 (June 30, 2021) |
abstract. Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient sociopolitical issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely... |
2021 |
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| Erika George , Jena Martin , Tara Van Ho |
RECKONING: A DIALOGUE ABOUT RACISM, ANTIRACISTS, AND BUSINESS & HUMAN RIGHTS |
30 Washington International Law Journal 171 (March, 2021) |
Abstract: Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights.... |
2021 |
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| Phyllis Goldfarb , Randy Hertz , Michael Pinard |
REFLECTING ON OUR TURBULENT TIMES |
28 Clinical Law Review 1 (Fall, 2021) |
For a long period, all of us have been facing multiple overlapping crises. In a variety of ways, the last eighteen months have brought disruption, pain, and chaos to the lives of our students, clients, colleagues, and families. The future feels precarious. Despite closures, lockdowns, and vaccines, we remain in the midst of a global pandemic. In a... |
2021 |
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| Stéphanie Hennette-Vauchez |
RELIGIOUS NEUTRALITY, LAÏCITÉ AND COLORBLINDNESS: A COMPARATIVE ANALYSIS |
42 Cardozo Law Review 539 (May, 2021) |
C1-3Table of Contents L1-2Introduction . L3540 I. A Caveat to Comparability. 549 II. Modes of Reasoning. 552 A. Formalistic Legal Reasoning, Anti-Classification as Symmetry, and the Limited Reach of Anti-Discrimination Law. 552 B. Shielding Discrimination from Equality and Anti-Discrimination Law. 568 1. The Public/Private Divide as a Limit on... |
2021 |
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| Chantal Thomas |
RELOADING THE CANON: THOUGHTS ON CRITICAL LEGAL PEDAGOGY |
92 University of Colorado Law Review 955 (Fall, 2021) |
On the first day of the first-year contracts class that I teach, I preview for the students both the general contours of the blackletter law that we will be learning throughout the course, and some of the perspectives that I will incorporate in developing our critical thinking and analysis of the law. My aim is to impress upon the students that... |
2021 |
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