AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
John Fabian Witt GARLAND'S MILLION; OR, THE TRAGEDY AND TRIUMPH OF LEGAL HISTORY: AMERICAN SOCIETY FOR LEGAL HISTORY PLENARY LECTURE, NEW ORLEANS, 2021 40 Law and History Review 123 (February, 2022) For longer than I'd like to admit, I've been writing a book occasioned by an unusual Harvard undergraduate named Charles Garland, who upon turning 21 in June 1920, refused his share of his wealthy father's estate. The inheritance amounted to about $1,000,000, which would be about $14,000,000 today, adjusted for inflation. Private property is the... 2022  
S. Ernie Walton GENDER IDENTITY IDEOLOGY: THE TOTALITARIAN, UNCONSTITUTIONAL TAKEOVER OF AMERICA'S PUBLIC SCHOOLS 34 Regent University Law Review 219 (2021-2022) The seeds of totalitarian-style education are germinating in America's schools. The dominant ideology that is sprouting is gender identity ideology. Through massive federal spending, state ownership claims over children, de facto denial of educational choice, curricular overhauls, new teacher training programs, inter alia, many of America's... 2022  
Maimon Schwarzschild GOODBYE TO ALL THAT: THREE NO-LONGER-QUITE-CONTEMPORARY THEORIES OF EQUALITY AND SOMETHING MORE UP-TO-DATE (AND WORSE) 23 Journal of Contemporary Legal Issues 403 (2022) C1-2Table of Contents I. Enlightenment Antecedents. 405 II. Rawls. 409 III. Dworkin. 411 IV. Equality of Capabilities: Amartya Sen and Martha Nussbaum. 413 V. Critical Theory--In Academia and Beyond. 416 VI. Conclusion. 420 2022  
Veryl Pow GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION 69 UCLA Law Review 80 (March, 2022) In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... 2022  
Jonathan Turley HARM AND HEGEMONY: THE DECLINE OF FREE SPEECH IN THE UNITED STATES 45 Harvard Journal of Law & Public Policy 571 (Spring, 2022) Throughout its history, the United States has struggled with movements that aim to silence others through state or private action. These periods have been pendulous, with acute suppression followed by relative tolerance for free speech. This boom-or-bust pattern for free speech may well continue. However, the United States is arguably living... 2022  
Shirin Sinnar HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE 110 California Law Review 489 (April, 2022) Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... 2022  
Deborah N. Archer HOW RACISM PERSISTS IN ITS POWER 120 Michigan Law Review 957 (April, 2022) The Fire Next Time. By James Baldwin. New York: Dial Press. 1963 (Vintage International 1993 ed.). Pp. 110. $13.95. In 2020, the murder of George Floyd at the hands of police officers in Minneapolis, Minnesota, and the ravaging of Black communities occasioned by the COVID-19 pandemic and an inequitable public health infrastructure put the violence... 2022  
Nina Farnia IMPERIALISM IN THE MAKING OF U.S. LAW 96 Saint John's Law Review 131 (2022) [C]onsider the differences between the powers of the federal government in respect of foreign or external affairs and those in respect of domestic or internal affairs. That there are differences between them, and that these differences are fundamental, may not be doubted, Justice Sutherland instructed in United States v. Curtiss-Wright Export... 2022  
Margaret H. C. Tippett IMPLICITLY INCONSISTENT: THE PERSISTENT AND FATAL LACK OF SECOND AMENDMENT RIGHTS FOR BLACK AMERICANS IN SELF-DEFENSE CLAIMS AND THE IMPORTANCE OF TELLING THE COUNTER-STORY 82 Maryland Law Review Online 68 (2022) It's bigger than [B]lack and white. It's a problem with the whole way of life. It can't change overnight. But we gotta start somewhere. Lil Baby, The Bigger Picture (Quality Control Music 2020). Gun control legislation in the United States began in the 1700s, when white people prohibited the purchase or use of guns by Black people. While the... 2022  
Mia Montoya Hammersley , Adriana M. Orman , Wouter Zwart INDIGENOUS ERASURE IN PUBLIC SCHOOLS 58-AUG Arizona Attorney 22 (July/August, 2022) Every year, millions of Indigenous students walk through our Nation's public schoolhouse gates to receive an education. Historically, however, public schools have served as a tool for the Americanization of the Indian or, put more bluntly, to Kill the Indian, Save the Man. The legacy of erasing Indigenous identity reverberates to this day.... 2022  
Addie C. Rolnick INDIGENOUS SUBJECTS 131 Yale Law Journal 2652 (June, 2022) This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... 2022  
Chaumtoli Huq INTEGRATING A RACIAL CAPITALISM FRAMEWORK INTO FIRST-YEAR CONTRACTS: A PATHWAY TO ANTI-CAPITALIST LAWYERING 35 Journal of Civil Rights & Economic Development 181 (Spring, 2022) I came to theory because I was hurting--the pain within me was so intense that I could not go on living. I came to theory desperate, wanting to comprehend--to grasp what was happening around and within me. Most importantly, I wanted to make the hurt go away. I saw in theory then a location for healing. [T]he practice of theory is informed by... 2022  
Rebecca Lundgren INTERSECTIONALITY IN EQUITY IN IDEA: A WAY TO ATTACK DISPROPORTIONALITY AND SEGREGATION 23 Rutgers Race & the Law Review 417 (2022) Imagine this: you are a Black child with multiple disabilities. Your disabilities actively change your behavior and thus affect your ability to learn. In response to these behaviors, your school district constantly punishes you by shortening your school day, forcing you to miss countless hours of important instruction and, eventually, suspending... 2022  
Dave Fagundes INTRODUCTION 59 Houston Law Review 771 (Symposium, 2022) In this fractured political moment, one premise on which all seem to agree is that academic freedom is imperiled. Critics on the right point to instances where professors have been sanctioned for articulating views, especially in terms of race and gender, that students find offensive. Those on the left rejoin by citing other cases where professors... 2022  
Catherine Powell , Adrien K. Wing INTRODUCTION TO THE SYMPOSIUM ON FEMINIST APPROACHES TO INTERNATIONAL LAW THIRTY YEARS ON: STILL ALIENATING OSCAR? 116 AJIL Unbound 259 (2022) This symposium explores where feminism has traveled and where it has yet to travel in international law since the groundbreaking 1991 article that Hilary Charlesworth, Christine Chinkin, and Shelley Wright published in the American Journal of International Law, Feminist Approaches to International Law. Their article emerged following a... 2022  
Rafik Wahbi, Leo Beletsky INVOLUNTARY COMMITMENT AS "CARCERAL-HEALTH SERVICE": FROM HEALTHCARE-TO-PRISON PIPELINE TO A PUBLIC HEALTH ABOLITION PRAXIS 50 Journal of Law, Medicine & Ethics 23 (Spring, 2022) Keywords: Abolition, Public Health Law, Mental Health Treatment, Drug Policy, Health Services Research Abstract: Involuntary commitment links the healthcare, public health, and legislative systems to act as a carceral health-service. While masquerading as more humane and medicalized, such coercive modalities nevertheless further reinforce the... 2022  
Mirna Martinez Santiago JUDGE KETANJI BROWN JACKSON AND THE MYTH OF MERITOCRACY 94-JUN New York State Bar Journal 21 (May/June, 2022) Multiple studies have shown that diversity of experiences and thoughts actually increases the creativity, productivity and even profitability of businesses. When it comes to judicial bodies, studies show that having diversity (a person of color or a woman) on a panel of judges creates different--often better-- results. History has also shown us... 2022  
Liam McSweeney JUST HOUSING, ROOTED IN WEST OAKLAND: HOW MOMS4HOUSING CHALLENGED REAL ESTATE SPECULATION AND THE RACIAL HIERARCHY IN OUR PROPERTY LAWS 22 Berkeley Journal of African-American Law & Policy 54 (2022) Land-based real estate speculation drives a national housing crisis that operates on a racially hierarchical conception of private property law and doctrine. Our modern property law system developed from the colonial economy that was built on conquest and white supremacist notions of property rights. This white-supremacist spatial violence... 2022  
Isabelle R. Gunning JUSTICE FOR ALL IN MEDIATION: WHAT THE PANDEMIC, RACIAL JUSTICE MOVEMENT, AND THE RECOGNITION OF STRUCTURAL RACISM CALL US TO DO AS MEDIATORS 68 Washington University Journal of Law & Policy 35 (2022) This issue of the Washington University Journal of Law and Policy, titled New Directions in Dispute Resolution and Clinical Education in Response to the COVID-19 Pandemic, raises an important question: What has the pandemic crisis taught us about where dispute resolution practice and theory should be going? The pandemic crisis is generally... 2022  
Justin Hansford KEYNOTE ADDRESS 45 Seattle University Law Review 787 (Spring, 2022) Dontay Proctor-Mills: Good afternoon, everyone. Welcome back as we move into the latter part in the end of today's symposium, it is my pleasure to introduce our keynote speaker Professor Justin Hansford, Howard University School of Law Professor and Executive Director of the Thurgood Marshall Civil Rights Center. Professor Hansford was previously a... 2022  
Goldburn P. Maynard Jr. KILLING THE MOTIVATION OF THE MINORITY LAW PROFESSOR 107 Minnesota Law Review 245 (November, 2022) I am still struggling with an existential career tension: should I be writing about things that I'm passionate about, or should I restrain those impulses to focus on what plays well in the legal academy and what will build me a reputation that procures me tenure? I thought I had been cured of this waffling disease in my first year in the academy... 2022  
John Felipe Acevedo LAW'S GAZE 25 Journal of Gender, Race and Justice 45 (Spring, 2022) When looking at a sexualized image, the viewer is both subject and object of the artwork, because the gaze of the viewer is turned back on themselves. Thus, the Supreme Court's jurisprudence on obscene speech tells us more about the viewer of an image than it says about the image itself. The existence of this gaze is revealed in the Court's... 2022  
Susan Sturm LAWYERING PARADOXES: MAKING MEANING OF THE CONTRADICTIONS 62 Santa Clara Law Review 175 (2022) Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients' interests. Yet increasingly, lawyers must also collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable... 2022  
Daniel S. Harawa LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE 110 California Law Review 681 (June, 2022) The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... 2022  
Joseph F. Lin LOOKING CLOSER TO HOME: NEGOTIATING IMMIGRATION LOCALISM AND STATE POLICE POWER 23 Rutgers Race & the Law Review 383 (2022) In October 2018, Fernando Santos-Rodriguez was arrested at his place of work in Harlem. How did U.S. immigration and Customs Enforcement (ICE) agents know where he was? Earlier that day, ICE agents spoke with Fernando's partner, Maria, in the Santos-Rodriguez home. ICE agents were able to speak to Maria and obtain Fernando's workplace address after... 2022  
Marisa Shearer MANTRAS AND MONETIZATION: THE COMMODIFICATION OF YOGA AND CULTURE 21 Virginia Sports and Entertainment Law Journal 38 (Spring, 2022) Introduction. 39 I. What is Yoga?. 40 A. Origins and History. 40 1. Traditional Yoga. 41 2. Pre-Modern Yoga. 42 3. Modern Yoga--Yoga's Entry into Western Culture and the United States. 43 B. Popular Forms/Practices. 45 1. Ashtanga. 45 4. Iyengar. 46 5. Kundalini. 47 6. Vinyasa. 47 II. Modern Commodification of Yoga. 47 A. Overview of... 2022  
Elizabeth F. Emens MINDFUL DEBIASING: MEDITATION AS A TOOL TO ADDRESS DISABILITY DISCRIMINATION 53 Connecticut Law Review 835 (February, 2022) Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias... 2022  
Cosmas Emeziem MISERABLE COMFORTS OR CONCRETE PROTECTIONS: HUMAN RIGHTS CONVENTIONS, TREATIES, DECLARATIONS, AND THE RIGHTS OF INDIGENOUS/OTHERED COMMUNITIES--QUO VADIS? 21 Santa Clara Journal of International Law 47 (2022) It has become an annual ritual for the world--especially through the United Nations (UN)--to organize events and activities celebrating Indigenous Peoples. Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples. Equally, it is now fashionable, to include the needs, and questions, affecting indigenous... 2022  
Maybell Romero MOVING PAST "PROGRESSIVE" PROSECUTION IN THE WAKE OF THE TRUMP ADMINISTRATION 69 Washington University Journal of Law & Policy 275 (2022) A year out from the end of the Trump presidency, much of the country seems to remain sharply divided between those who felt the end came entirely too slowly and those who still refuse to admit that Trump lost the election. Trump seemed to relish conflict and reliably used it as a political tool, fomenting it further by engaging in racist rhetoric... 2022  
Khaled A. Beydoun ON TERRORISTS AND FREEDOM FIGHTERS 136 Harvard Law Review Forum 1 (20-Oct-22) The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... 2022  
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28