AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Monika Batra Kashyap A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS 38 Berkeley Journal of Gender, Law & Justice 52 (2023) This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... 2023 Yes
Marcus Arvan, University of Tampa, ALLIES against OPPRESSION 26 Journal of Ethics & Social Philosophy 221 (December, 2023) Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). On the one hand, many feminists and critical race theorists criticize liberalism for inadequately addressing oppression. On the other, some contend that feminism and CRT conflict with liberal commitments to objectivity, fallibility, and pluralism. In response,... 2023 Yes
Diane Kemker ALMOST CITING SLAVERY: TOWNSHEND v. TOWNSHEND IN WILLS & TRUSTS CASEBOOKS 84 University of Pittsburgh Law Review 1 (2023) Among the lessons we have learned from the current generation of Critical Race Theory is that when we dig deeply into U.S. law, we are likely to find connections to slavery of which we were unaware. The contradictions and cruelties of slavery are imbricated into neutral-seeming doctrines apparently having nothing at all to do with slavery or race.... 2023 Yes
Rebekah Rosenberg AN INTERSECTIONAL ARGUMENT FOR THE ABOLITION OF THE "PROTECTED GROUND" FRAMEWORK 37 Georgetown Immigration Law Journal 519 (Spring, 2023) C1-3Table of Contents L1-2Introduction . L3519 I. Background on Intersectionality and Critical Race Feminism. 520 II. Critique of the Protected Ground Framework. 521 III. A Solution: Elimination of Protected Grounds. 524 L1-2Conclusion . L3527 2023 Yes
Aziz Rana ANTI-"CRT," A CENTURY OLD TRADITION 58 Harvard Civil Rights-Civil Liberties Law Review 551 (Summer, 2023) In the aftermath of racial justice protests, the country has witnessed a wave of conservative anti-critical race theory (CRT) legislation. This essay argues that such legislation is best understood as the latest iteration of a long-standing reactionary political practice. This practice goes back a century to World War I and the 1920s. Then, as... 2023 Yes
Ngozi Okidegbe BEYOND MORE ACCURATE ALGORITHMS: TAKEAWAYS FROM MCCLESKEY REVISITED 121 Michigan Law Review 1109 (April, 2023) McCleskey v. Kemp. By Mario Barnes, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 557, 581. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. McCleskey v. Kemp operates as a barrier to using... 2023 Yes
Cynthia Elaine Tompkins CRITICAL RACE THEORY (CRT) IN THE LEGAL ACADEMY: DERRICK BELL'S SEMINAL LAW REVIEW ARTICLES AND CRITICAL RACE THEORISTS SCHOLARSHIP; CRT OPPONENTS CONFLICTING VIEWS AND POTENTIAL CONSEQUENCES OF CRITICS' CANCELLATION STRATEGY 74 Mercer Law Review 1079 (Spring, 2023) A couple of decades and some years ago, when I was a civil rights attorney in Washington D.C., I stopped by a bookstore café for a quiet lunch and to review a case file before an afternoon meeting. A book jacket of a man looking forward with intention and purpose captured my attention. The words on the cover corroborated his gaze: Confronting... 2023 Yes
Angelica Knight CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY 17 Florida A & M University Law Review 141 (Spring, 2023) C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... 2023 Yes
Kevin Brown CRITICAL RACE THEORY EXPLAINED BY ONE OF THE ORIGINAL PARTICIPANTS 98 New York University Law Review Online 91 (April, 2023) President Donald Trump issued an executive order in September of 2020 seeking to exclude diversity and inclusion training from federal contracts if those trainings contained so-called divisive concepts like stereotyping and scapegoating based on race and sex. In the wake of the executive order, attacks on Critical Race Theory (CRT) skyrocketed.... 2023 Yes
Mark C. Grafenreed CRITICAL RACE THEORY: COUNTER-STORYTELLING THE CASE OF 'OLD FRANK' AND THE DANIEL FAMILY CEMETERY 76 SMU Law Review Forum 175 (December, 2023) The Texas Historical Commission (THC), a legislatively enacted agency of the State of Texas, has erected and disseminated nearly 17,000 historical markers across the state's vast 268,596 square miles and 254 counties with one express purpose: To protect and preserve the state's historic and prehistoric resources for the use, education,... 2023 Yes
Christopher D. Hampson CRITICAL THEORY & COMMERCIAL LAW IN THE SUNSHINE 75 Florida Law Review Forum 15 (2023) In recent years, Florida and other states have attempted to expel critical legal theory, critical race theory, and all things woke from their institutions of higher education. At a time of professional cautiousness and chilled speech, this Essay aims to bring these ideas into the sunshine. I provide a rough background on critical theory and how... 2023 Yes
Bryan K. Fair CRYING WOLF: NEO-PATRIOTS, CRITICAL RACE THEORY, AND THE CONSTITUTIONAL PROTECTION OF "DANGEROUS" IDEAS 27 U.C. Davis Social Justice Law Review 1 (Winter, 2023) C1-2Table of Contents Abstract. 2 Introduction: Patriots, Neo-Patriots, and the Banning of Ideas. 3 I. First Principles of Free Speech. 7 A. Protecting the Advocacy of Ideas. 8 B. A Roadmap for Challenging Bans on CRT and Other Materials. 11 1. The Void for Vagueness Doctrine. 11 2. The Substantial Overbreadth Doctrine. 11 3. Categories of... 2023 Yes
Neal Hutchens, Vanessa Miller FLORIDA'S STOP WOKE ACT: A WAKE-UP CALL FOR FACULTY ACADEMIC FREEDOM 48 Journal of College and University Law 35 (2023) In multiple states, legislation has been proposed or enacted to suppress ideas associated with critical race theory (CRT) and related lines of critical scholarship in schools and, in some proposals, in colleges and universities. These state endeavors can be traced to efforts to emulate Executive Orders 13950 and 13958 issued during the Donald Trump... 2023 Yes
Emani Pollard FOURTH AMENDMENT BALANCING AND ITS DISPARATE IMPACT 47 New York University Review of Law and Social Change 124 (2023) Introduction. 125 I. The Supreme Court's Interest Balancing Analysis. 128 A. The Supreme Court's Balancing Analysis. 128 B. Critiques of the Balancing Analysis. 131 C. Critiques of the Court's Treatment of Race in Criminal Legal Jurisprudence. 133 II. A Critical Race Perspective on Balancing. 136 A. Terry v. Ohio. 137 B. Whren v. United States. 146... 2023 Yes
Sujaya Rajguru FULFILLING THE PROMISES OF OUR PREAMBLE: A HOLISTIC APPROACH TO TRANSITIONAL JUSTICE IN THE UNITED STATES 58 Harvard Civil Rights-Civil Liberties Law Review 355 (Winter, 2023) The murder of George Floyd sparked renewed advocacy around racial justice. However, many Americans responded defensively to the increasingly widespread recognition of systemic racism and police brutality against Black Americans. Backlash to increased calls for racial justice manifested in the passage of anti-critical race theory bills by multiple... 2023 Yes
Ainslee Johnson-Brown HALF AMERICAN, HALF AMAZING: A REVIEW OF HALF AMERICAN BY MATTHEW F. DELMONT AND AN EXPLORATION OF EXECUTIVE ACTION DURING WORLD WAR II AND ITS IMPACT ON BLACK SOLDIERS 14 ConLawNOW 25 (2023) Matthew F. Delmont's new book, Half American: The Epic Story of African Americans Fighting World War II at Home and Abroad (2022), enriches the ongoing scholarship related to critical race theory and the effects of executive action on the lived experience of Black Americans. Delmont presents a well-woven narrative of the experience of Black... 2023 Yes
Gabe Chess, Elena Meth INTRODUCTION: THREE RESPONSES TO REWRITTEN OPINIONS IN CRITICAL RACE JUDGMENTS 121 Michigan Law Review 1089 (April, 2023) Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law invites us to imagine.... 2023 Yes
Guadalupe T. Luna LATCRIT THEORY, CHICANAS/OS AND ANTI-CRITICAL RACE THEORY CRUSADES 33 Berkeley La Raza Law Journal 1 (2023) Introduction. 1 I. Chicana/o Marginalization. 3 A. La Raza Newspaper Evidentiary Records. 4 1. Political, State and Federal Repression. 5 2. La Raza and Electoral Disenfranchisement. 8 a) La Raza Unida Party. 9 (1) The Politics of Accommodation. 10 (2) La Raza Unida Party Rises. 11 II. Anti-Critical Race Theory and LatCrit Theory. 14... 2023 Yes
Maripau Paz, Cecilia Almaraz, Editors-in-Chief, Volume 33, Berkeley La Raza Law Journal LETTER FROM THE EDITORS 33 Berkeley La Raza Law Journal I (2023) July 2023 Dear Comunidad: Since 1981, Berkeley La Raza Law Journal (LRLJ) has intentionally contributed to legal discourse regarding the Latinx/e community. LRLJ has served as a mechanism to uplift authors of color and advocates by producing scholarship for positive change. In the context of current attacks on critical race theory, we are proud to... 2023 Yes
Jessica M. Williams LOOKING A CERTAIN WAY: HOW DEFUNCT SUBJECTIVE STANDARDS OF MEDIA REGULATION CONTINUE TO AFFECT BLACK WOMEN 111 California Law Review 247 (February, 2023) Regulatory enforcement is only as good as the standards to be enforced. I argue here that subjective standards formerly in place at the Motion Picture Producers and Distributors of America (MPPDA) and the United States Patent & Trademark Office (PTO) were imbued with the White-centric beliefs of its designers and enforcers. Drawing on critical race... 2023 Yes
David T. Lopez ON CRITICAL RACE THEORY: WHY IT MATTERS & WHY YOU SHOULD CARE BY VICTOR RAY, PUBLISHED BY PENGUIN RANDOM HOUSE 60-APR Houston Lawyer 50 (March/April, 2023) In On Critical Race Theory: Why It Matters & Why You Should Care, sociology professor Victor Ray offers a comprehensive and accessible overview of the origins, development, and current (oftentimes contentious) discussions surrounding Critical Race Theory (CRT), which, in a nutshell, is a framework for analyzing the myriad ways in which systemic... 2023 Yes
Priya Baskaran, Alicia Plerhoples RACE AND ENTREPRENEURSHIP: RECLAIMING NARRATIVES 30 Clinical Law Review 7 (Fall, 2023) This essay makes the case for engaging in counter-narratives and inclusive storytelling within the transactional clinic curriculum. The authors leverage lessons from Critical Race Theory to amplify the voices and experiences of underrepresented entrepreneurs and marginalized communities in both clinic seminar and selected casework. In doing so, we... 2023 Yes
John Byrnes RACIAL DISCRIMINATION, HOME APPRAISALS, AND THE FAIR HOUSING ACT: REGULATING PRIVATE APPRAISERS TO REDUCE THE RACIAL WEALTH GAP 20 Rutgers Journal of Law & Public Policy 45 (Spring, 2023) This paper highlights the prevalence of racial discrimination in the home appraisal market through critical race theory (CRT) techniques and theory. When a home's value can be reduced by almost twenty-five percent simply because of the perceived race of its owners or of the neighborhood, Black families find themselves at a disadvantage as they try... 2023 Yes
Cary Martin Shelby RACISM AS A THREAT TO FINANCIAL STABILITY 118 Northwestern University Law Review 755 (2023) Abstract--This Article draws from several theoretical frameworks such as critical race theory, law and economics, and rule of law conceptions to argue that the Financial Stability Oversight Council (FSOC) should formally recognize racism as a threat to financial stability due to its interconnectedness with recent and projected systemic disruptions.... 2023 Yes
Brian Zuluaga REFLECTIONS FROM A NEWCOMER AT THE LATCRIT XXI BIENNIAL CONFERENCE: OBSERVATIONS AND OPPORTUNITIES FOR THE FUTURE 33 Berkeley La Raza Law Journal 21 (2023) Introduction. 21 I. Conference Sessions. 22 A. Opening Plenary: The Attack on CRT. 22 B. Law Clinics as Sites of Resistance and Transformation. 23 C. Critical Race Theory and LatCrit Theory: Methodologies, Community, and Movements. 24 II. Opportunities for the Future. 26 A. Conference Attendance & Inviting Prospective Law School Students. 26 B.... 2023 Yes
Athena D. Mutua REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH 100 Denver Law Review 553 (Spring, 2023) Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... 2023 Yes
Benjamin M. Gerzik REFORGING THE MASTER'S TOOLS: CRITICAL RACE THEORY IN THE FIRST-YEAR CURRICULUM 76 SMU Law Review Forum 34 (May, 2023) This Article examines why and how critical race theory (CRT) should be taught as a mandatory component of the first-year law school curriculum. Learning the fundamentals of critical race theory is not only important to empathetically understand and serve those around you, but necessary to understand the law as it is. The law's past and future... 2023 Yes
Dylan Saul SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS 107 Minnesota Law Review 1311 (February, 2023) If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... 2023 Yes
Seana-Jahan La Coa SCHOOL CURRICULUM: THE STIGMATIC HARM TO STUDENTS AND THE RESPONSIBILITY OF CONGRESS TO ACT AGAIN 17 Florida A & M University Law Review 227 (Spring, 2023) C1-2Table of Contents Opening Thoughts. 227 Introduction. 229 I. Detriment of State Decisions in Curriculum. 231 A. The State's Role. 231 B. Constitutional Limitations on the State. 232 i. First Amendment Limitation. 232 ii. Fourteenth Amendment. 233 C. The Troublesome Curriculum. 233 i. The Truth about Critical Race Theory and the 1619 Project.... 2023 Yes
Sam Erman STATUS MANIPULATION IN CHAE CHAN PING v. UNITED STATES 121 Michigan Law Review 1091 (April, 2023) Chae Chan Ping v. United States. By Rose Cuison-Villazor, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. Rose Cuison-Villazor's... 2023 Yes
Tess Bissell TEACHING IN THE UPSIDE DOWN: WHAT ANTI-CRITICAL RACE THEORY LAWS TELL US ABOUT THE FIRST AMENDMENT 75 Stanford Law Review 205 (January, 2023) Abstract. Since January 2021, forty-two states have introduced anti-critical race theory (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader... 2023 Yes
Noah C. Nix TEXTBOOK RESISTANCE: TEXAS' BAN ON CRITICAL RACE THEORY FAILS THE EDUCATION STANDARDS MANDATED BY INTERNATIONAL LAW 51 Georgia Journal of International and Comparative Law 765 (2023) C1-2Table of Contents I. Introduction. 767 II. The New Texas Education Code Provisions in the Midst of an American Racial Reawakening and the Consequent Debate Over the Teaching of Critical Race Theory. 770 A. The New Texas Education Code Provision: Texas Education Code 28.0022, Certain Instructional Requirements and Prohibitions, Effective... 2023 Yes
Leah M. Watson THE ANTI-"CRITICAL RACE THEORY" CAMPAIGN - CLASSROOM CENSORSHIP AND RACIAL BACKLASH BY ANOTHER NAME 58 Harvard Civil Rights-Civil Liberties Law Review 487 (Summer, 2023) This Article explores the rise of the anti-critical race theory movement, arguing that it is backlash to progress towards racial justice. Instruction on racism, culturally relevant teaching methods, and critical race theory-- collectively, race conscious instruction--improve students' comprehension, engagement, analytical skills, and social... 2023 Yes
Sophia Smith THE ATTACK ON CRITICAL RACE THEORY IN SCHOOLS: AN ANALYSIS OF OKLAHOMA HOUSE BILL 1775 AND FREE SPEECH IN THE CLASSROOM 48 Oklahoma City University Law Review 81 (Winter 2023) In the American public educational system, [e]ducation is primarily a State and local responsibility with little oversight from the federal government. The last few years have seen state and local leaders turn the public education system into their own political playground, creating more division and confusion for educators, parents, and... 2023 Yes
LaToya Baldwin Clark THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS 132 Yale Law Journal 2139 (May, 2023) In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... 2023 Yes
M. Alexander Pearl THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE 121 Michigan Law Review 1101 (April, 2023) Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... 2023 Yes
Naomi Cahn THE POLITICAL LANGUAGE OF PARENTAL RIGHTS: ABORTION, GENDER-AFFIRMING CARE, AND CRITICAL RACE THEORY 53 Seton Hall Law Review 1443 (6/12/2023) This Article explores how the rhetoric of parental rights has been deployed to override minors' access to abortion, gender-affirming care, and education about critical race theory and gender identity. The overruling of Roe v. Wade and controversies over gender-affirming care and appropriate material to be taught in schools have highlighted... 2023 Yes
Etienne C. Toussaint THE PURPOSE OF LEGAL EDUCATION 111 California Law Review 1 (February, 2023) When President Donald Trump launched an assault on diversity training, critical race theory, and The 1619 Project in September 2020 as divisive, un-American propaganda, many law students were presumably confused. After all, law school has historically been doctrinally neutral, racially homogenous, and socially hierarchical. In most core law... 2023 Yes
Vanessa Miller, Frank Fernandez, Neal H. Hutchens THE RACE TO BAN RACE: LEGAL AND CRITICAL ARGUMENTS AGAINST STATE LEGISLATION TO BAN CRITICAL RACE THEORY IN HIGHER EDUCATION 88 Missouri Law Review 61 (Winter, 2023) Anti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (CRT) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets... 2023 Yes
Rebecca Aviel, Wiley Kersh THE WEAPONIZATION OF ATTORNEY'S FEES IN AN AGE OF CONSTITUTIONAL WARFARE 132 Yale Law Journal 2048 (May, 2023) If you want to win battles in the culture war, you enact legislation that regulates firearms, prohibits abortions, restricts discussion of critical race theory, or advances whatever other substantive policy preferences represent a victory for your side. But to win the war decisively with an incapacitating strike, you make it as difficult as... 2023 Yes
Shiv Narayan Persaud TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS 18 University of Massachusetts Law Review 79 (Winter, 2023) The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... 2023 Yes
Muhammad Hamza Habib UNDER-TREATMENT OF PAIN IN BLACK PATIENTS: A HISTORICAL OVERVIEW, CASE-BASED ANALYSIS, AND LEGALITIES AS EXPLORED THROUGH THE TENETS OF CRITICAL RACE THEORY 20 Indiana Health Law Review 63 (2023) Pain, also called the fifth vital sign is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when... 2023 Yes
Timon Cline , Neil Shenvi WHAT IF CRITICAL RACE THEORY WERE JUST A LEGAL THEORY? A CHRISTIAN CRITIQUE 17 Liberty University Law Review 555 (Spring, 2023) The national debate over Critical Race Theory (CRT) continues to grow and deepen. Some Christians seemingly find CRT legitimate, useful, and non-threatening to Christian theological commitments. This view is incorrect. CRT is in fundamental conflict with Christianity due to its misguided perspectives on law, morality, truth, and justice. Although... 2023 Yes
Daniel S. Harawa WHITEWASHING THE FOURTH AMENDMENT 111 Georgetown Law Journal 923 (May, 2023) A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... 2023 Yes
Jessica Dixon Weaver A CRITICAL RACE THEORY APPROACH TO CHILDREN'S RIGHTS 71 American University Law Review 1855 (June, 2022) This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children's rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children.... 2022 Yes
Yael Plitmann AUTHENTIC COMPLIANCE WITH A SYMBOLIC LEGAL STANDARD? HOW CRITICAL RACE THEORY CAN CHANGE INSTITUTIONALIST STUDIES ON DIVERSITY IN THE WORKPLACE 47 Law and Social Inquiry 331 (February, 2022) Alexandra Kalev, Frank Dobbin, and Erin Kelly. Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies. American Sociological Review 71 (2006): 589-617. Lauren B. Edelman, Sally Riggs Fuller, and Iona Mara-Drita. Diversity Rhetoric and the Managerialization of Law, American Journal of... 2022 Yes
Marisa Shearer BANNING BOOKS OR BANNING BIPOC? 117 Northwestern University Law Review Online 24 (5-Jul-22) Abstract--Following the murder of George Floyd in May 2020, social justice movements renewed calls for the country to confront the pervasive reality of systemic racism in the United States. In response to these publicized social justice movements, however, calls for book bans relating to critical race theory began rising at an unprecedented rate.... 2022 Yes
Mary Lindsay Krebs CAN'T REALLY TEACH: CRT BANS IMPOSE UPON TEACHERS' FIRST AMENDMENT PEDAGOGICAL RIGHTS 75 Vanderbilt Law Review 1925 (November, 2022) The jurisprudence governing K-12 teachers' speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12... 2022 Yes
Brandon Paradise, Associate Professor of Law, Rutgers Law School, and McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University CONFRONTING THE TRUTH: THE NECESSITY OF LOVE FOR JUSTICE 37 Journal of Law and Religion 232 (May, 2022) This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin's own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously... 2022 Yes
S. Priya Morley CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT 69 UCLA Law Review Discourse 100 (2022) The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... 2022 Yes
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