AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
Lawson B. Hamilton PARENT, CHILD, AND STATE: REGULATION IN A NEW ERA OF HOMESCHOOLING 51 Journal of Law and Education 45 (Fall, 2022) With the explosive growth of homeschooling in the wake of the COVID-19 pandemic and cultural debates over school curriculum, greater public scrutiny of the practice is coming. What it will reveal is a fundamental divide not only over the law and efficacy of homeschooling but also the nature of parental rights. The academic debate over... 2022  
Solangel Maldonado PARENTAL SOCIAL CAPITAL AND EDUCATIONAL INEQUALITY 90 Fordham Law Review 2599 (May, 2022) Introduction. 2599 I. Educational Segregation and Its Harms. 2603 A. The Achievement Gap. 2607 B. Educational and Social Capital. 2611 II. Supporting Parents. 2616 Conclusion. 2619 2022  
Ceci Lopez, JD, LLM , Dolores Calderón, JD, PhD PEDAGOGIES OF REFUSAL AS RACIAL REALIST PRAXIS 20 Seattle Journal for Social Justice 1019 (Summer, 2022) As educators in an undergraduate legal program with a social justice mission, we understand our pedagogical practice and responsibility as one that reflects Derrick Bell's Racial Realism. In our classrooms, we acknowledge the inherently racist, sexist, gendered, and colonialist formations of law. We do not teach the study of law as a neutral... 2022  
Russell M. Gold POWER OVER PROCEDURE 57 Wake Forest Law Review 51 (2022) American law should better protect people's bodies from being caged than it should protect people's money. And yet in so many ways it does the opposite. Instead of calibrating protections for defendants to the importance of the interest at stake, disparities between pretrial protections in federal civil and criminal procedure instead track... 2022  
María Mercedes Pabón PRESUMED INCOMPETENT II: RACE, CLASS, POWER, AND RESISTANCE OF WOMEN IN ACADEMIA BY YOLANDA FLORES NIEMANN, GABRIELLA GUTIERREZ Y MUHS AND CARMEN G. GONZALEZ, UTAH STATE UNIVERSITY PRESS (2020) 37 Berkeley Journal of Gender, Law & Justice 267 (2022) Eight years ago, I published a book review for Presumed Incompetent, in which my coauthor and I--both law deans at the time--very favorably assessed the volume and recommended that [w]e collectively must strive to avoid allowing the turbulent times in modern academia to drown out the voices of women faculty members of color and ultimately distract... 2022  
Katherine K. Carey PREVENTING TAM'S "PROUDEST BOAST" FROM PROTECTING THE PROUD BOYS: A RESPONSE TO FREE SPEECH ABSOLUTISM IN TRADEMARK LAW 71 Emory Law Journal 609 (2022) Recent events, including the infamous Unite the Right rally in Charlottesville in 2017 and the attack on the U.S. Capitol on January 6, 2021, have brought the First Amendment, hate speech, and the resurgence of white nationalist rhetoric into the public eye. Throughout the twentieth and twenty-first centuries, while much of the Western World and... 2022  
Adam A. Davidson PROCEDURAL LOSSES AND THE PYRRHIC VICTORY OF ABOLISHING QUALIFIED IMMUNITY 99 Washington University Law Review 1459 (2022) Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified immunity does not change the answer to this question; the federal courts will always decide. For an outcome-neutral critic of qualified immunity who cares only about its doctrinal... 2022  
Leah Goodridge PROFESSIONALISM AS A RACIAL CONSTRUCT 69 UCLA Law Review Discourse 38 (2022) This Essay examines professionalism as a tool to subjugate people of color in the legal field. Professionalism is a standard with a set of beliefs about how one should operate in the workplace. While professionalism seemingly applies to everyone, it is used to widely police and regulate people of color in various ways including hair, tone, and food... 2022  
Meera E. Deo, JD, PhD PROGRESS AND BACKLASH IN OUR UNEQUAL PROFESSION 51 Southwestern Law Review 310 (2022) L1-2Table of Contents I. Progress. 312 A. Increased Scholarship on DEI in Legal Academia. 312 B. Academic Conferences Resisting Faculty Inequities.. 315 C. Institutional Efforts Toward Antiracism. 319 1. New Hiring Processes.. 320 2. Transparency for Tenure and Promotion. 321 3. Formal Mentorship. 322 4. Effective Student Evaluations.. 323 II.... 2022  
Chalana M. Scales-Ferguson, Esq. PUT SOME 'RESPEK' ON HER NAME: HOW RBG'S LEGACY CREATES SPACE FOR BLACK WOMEN IN THE PURSUIT OF EQUAL JUSTICE 43 Women's Rights Law Reporter 34 (Spring/Summer, 2022) With 2020 in our rearview mirrors, it is impossible to reflect on that year without remembering the many ways grief was experienced in American society, whether or not you felt the grief yourself. Just as we entered the second quarter of a year of presumed optimism, when many professed they would find clarity through 20/20 vision and find... 2022  
Marc Spindelman QUEER BLACK TRANS POLITICS AND CONSTITUTIONAL ORIGINALISM 13 ConLawNOW 93 (2022) Oh friends, my friends--bloom how you must, wild until we are free. --Cameron Awkward-Rich, Cento Between the Ending and the End LGBTQIA+ communities are still learning how and why to center Black trans lives in their individual and collective politics. These communities are coming to understand the power of saying--as the Black Queer &... 2022  
Catherine Hancock RACE AND DISORDER: THE CHICAGO EIGHT TRIAL JUDGE AND PROSECUTORS MEET THE CONSTITUTION AND BOBBY SEALE 96 Tulane Law Review 819 (May, 2022) The expectation that justice is available is indispensable to society's spiritual well-being, and the judiciary is the institutional guarantee that this expectation is being met. I. Introduction: Trial Versus Appeal and the Trial Within a Trial. 820 II. When Race Is Unseen and Only Disorder Is Seen. 829 A. Who Was Blamed for the Courtroom... 2022  
Dylan C. Penningroth RACE IN CONTRACT LAW 170 University of Pennsylvania Law Review 1199 (May, 2022) Modern contract law is rife with ideas about race and slavery and cases involving African Americans, but that presence is very hard to see. This Article recovers a hidden history of race in contract law, from its formative era in the 1870s, through the Realist critiques of the early 1900s to the diverse intellectual movements of the 1970s and 80s.... 2022  
Cyra Akila Choudhury RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE 91 University of Cincinnati Law Review 1 (2022) Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... 2022  
Dan L. Burk RACIAL BIAS IN ALGORITHMIC IP 106 Minnesota Law Review Headnotes 270 (Spring, 2022) Justice? Hawkmoon called after him as he left the room. Is there such a thing? It can be manufactured in small quantities, Fank told him. But we have to work hard, fight well and use great wisdom to produce just a tiny amount. Intellectual property law currently stands at the intersection of two dramatic social trends. Machine learning... 2022  
E. Tendayi Achiume RACIAL BORDERS 110 Georgetown Law Journal 445 (March, 2022) This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... 2022  
Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall RACIAL CAPITALISM IN THE CIVIL COURTS 122 Columbia Law Review 1243 (June, 2022) This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... 2022  
Yuvraj Joshi RACIAL JUSTICE AND PEACE 110 Georgetown Law Journal 1325 (June, 2022) The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... 2022  
Darrell D. Jackson, JD, PhD RACING FOR EQUALITY: UNEQUAL PROFESSION AND PROFESSOR MEERA E. DEO'S LEG OF THE RACE 51 Southwestern Law Review 301 (2022) The deadline for submitting our essays to the Unequal Profession paper symposium was mid-August 2021, almost immediately after the conclusion of the delayed Summer 2020 Olympics hosted by Japan. While hosting the Olympics is always controversial and often raises a wide array of arguments, noteworthy this year is the intersection of issues... 2022  
Rose Cuison-Villazor REJECTING CITIZENSHIP 120 Michigan Law Review 1033 (April, 2022) Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... 2022  
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