Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
David Schraub |
RENEWING STUDY INTO THE OLDEST HATRED: INTRODUCTION TO THE LAW vs. ANTISEMITISM SYMPOSIUM |
27 Lewis & Clark Law Review 1027 (2024) |
Antisemitism, it is sometimes said, is the world's oldest hatred. But in legal academia, at least, the study of antisemitism remains a nascent phenomenon. When my colleagues Diane Kemker and Rob Katz inaugurated the Law vs. Antisemitism conference in 2022, it immediately became the largest American conference to ever have been dedicated to... |
2024 |
|
Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
|
Johany G. Dubon |
REREADING PICO AND THE EQUAL PROTECTION CLAUSE |
92 Fordham Law Review 1567 (March, 2024) |
More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board's decision to remove books from its libraries. However, the Court's response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a... |
2024 |
|
Todd J. Clark |
REVERSING DEI: THE CONSEQUENCE - "IED" INDOCTRINATION AND ELIMINATION OF DIVERSITY |
55 University of Toledo Law Review 169 (Winter, 2024) |
Attacks on Diversity, Equity, and Inclusion (DEI) efforts, from right-wing conservatives, are an attack on marginalized communities, specifically black and brown people and members of the LGBTQ+ community. Over the past five years, the world around us has changed. DEI initiatives that once offered a glimmer of hope for members of marginalized... |
2024 |
|
Steven W. Bender |
REVISED ABA STANDARD 303: CURRICULAR, PEDAGOGICAL, AND SUBSTANTIVE QUESTIONS |
47 Seattle University Law Review Supra 1 (10-Jan-24) |
C1-2Contents Introduction. 1 I. Standard 303: Robustness/Criticality or Low Bar?. 3 A. The Compliance Spectrum. 3 B. Evaluating Compliance Approaches: What Criticality Requires. 5 C. Implementation Requires Bias Education and Cross-Cultural Competence Informed by Critical Insights. 7 II. Exposing the ABA's Own Dirty Laundry. 9 III. Who Implements... |
2024 |
|
Rena M. Lindevaldsen |
SACRIFICING OUR CHILDREN AT THE ALTAR OF MODERN K-12 PUBLIC EDUCATION |
18 Liberty University Law Review 961 (Spring, 2024) |
Should publicly-funded K-12 education continue to exist? At first blush, it might seem a radical question to even ask. But when public schools are failing in their essential purposes, we need to explore whether to cease funding them. From their inception, public schools had at least two essential purposes: to train students in those values... |
2024 |
|
Jerry C. Edwards |
SAFEGUARDING THE SEARCH FOR TRUTH: CARVING OUT ACADEMIC FREEDOM'S PLACE IN A DOMAIN DOMINATED BY GOVERNMENT SPEECH |
19 Harvard Law & Policy Review 93 (Summer, 2024) |
Across the United States, academic freedom is facing its most significant and sustained assaults since the days of Joseph McCarthy. The state governments launching these attacks have sought refuge in the broad confines of government speech, a doctrine that first emerged decades after the Supreme Court's seminal academic freedom decisions. Because... |
2024 |
|
Priya Baskaran |
SEARCHING FOR JUSTICE: INCORPORATING CRITICAL LEGAL RESEARCH INTO CLINIC SEMINAR |
30 Clinical Law Review 227 (Spring, 2024) |
This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justiceoriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal... |
2024 |
|
Jeremiah A. Ho |
SECOND-TIER MARRIAGES |
68 Saint Louis University Law Journal 835 (Summer, 2024) |
This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now on the books, the Supreme Court's treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n and 303 Creative LLC v. Elenis... |
2024 |
|
Matt Blaszczyk |
SECTION 230 REFORM, LIBERALISM, AND THEIR DISCONTENTS |
60 California Western Law Review 221 (Winter, 2024) |
The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to... |
2024 |
|
Brooke D'Amore Bradley |
SEX EDUCATION AFTER DOBBS: A CASE FOR COMPREHENSIVE SEX EDUCATION |
39 Berkeley Journal of Gender, Law & Justice 121 (2024) |
Abstinence-only sex education, a curriculum that teaches abstinence is the most effective form of birth control, is the dominant and most funded sex education in the United States. This is despite research that shows it is not effective, leaves students uninformed, and negatively reinforces gender stereotypes. In comparison, research suggests that... |
2024 |
|
Yvette Butler |
SILENCING THE SEX WORKER |
71 UCLA Law Review 726 (September, 2024) |
This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... |
2024 |
|
Paul Gowder |
STANDPOINT EPISTEMOLOGY, THE FIRST AMENDMENT, AND UNIVERSITY AFFIRMATIVE ACTION |
32 William & Mary Bill of Rights Journal 979 (May, 2024) |
It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is an atmosphere in which there prevail the four essential freedoms' of a university--to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to... |
2024 |
|
Abby Minihan |
STUDENT NOTE: STRONGER TOGETHER: HOW UNION FRIENDLY LEGISLATION CAN HELP MEND THE TEACHER SHORTAGE |
53 Journal of Law and Education 205 (Spring, 2024) |
The practice of organized labor has a long history in the United States, and currently a significant number of workers in the United States are part of a labor union. Surprisingly, some of the most prominent and influential labor unions in the United States revolve around the jobs that teach and take care of our children, as every state has a... |
2024 |
|
Robert A. Garda, Jr. |
STUDENTS FOR FAIR ADMISSIONS THROUGH THE LENS OF INTEREST-CONVERGENCE THEORY: REALITY, PERCEPTION, AND FEAR |
77 SMU Law Review 93 (Winter, 2024) |
In two cases, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (SFFA), the Supreme Court held that Harvard and UNC violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act in their use of race in their... |
2024 |
|
Aaren N. Cassidy, Ed.D. , Steven L. Nelson, J.D., Ph.D. |
TAKEOVER AS THE THIRD WAY: RACE AS THE ANTECEDENT AND CONSEQUENCE OF STATE TAKEOVER OF PUBLIC SCHOOLS AND SCHOOL DISTRICTS |
27 Harvard Latin American Law Review 1 (Spring, 2024) |
State takeovers of public schools and districts have been on the rise for decades leaving a trail of wreckage disproportionately impacting Black and Brown communities across the United States. States have claimed state takeovers of public schools and districts are the optimal solution for state-declared failing schools. However, these contentious... |
2024 |
|
Gabriel J. Chin , Paul Finkelman |
THE "FREE WHITE PERSON" CLAUSE OF THE NATURALIZATION ACT OF 1790 AS SUPER-STATUTE |
65 William and Mary Law Review 1047 (April, 2024) |
A body of legal scholarship persuasively contends that some judicial decisions are so important that they should be considered part of the canon of constitutional law including, unquestionably, Marbury v. Madison and Brown v. Board of Education. Some decisions, while blunders, were nevertheless profoundly influential in undermining justice and the... |
2024 |
|
Morenike Fajana, Katrina Feldkamp, Allison Scharfstein |
THE ANTI-TRUTH MOVEMENT IN CONTEXT: RETHINKING THE FIGHT FOR TRUTH AND INCLUSIVE EDUCATION |
16 Drexel Law Review 787 (2024) |
The right to access information and freely express oneself is among the cornerstones of our democracy and Black political power. The racial justice uprisings of 2020 saw an expansion of Black political participation and power, as millions of Black Americans and allies protested police murders, advocated for equitable healthcare and economic... |
2024 |
|
Patricia A. Broussard, Shelly Taylor Page |
THE ATTEMPTED ANITA HILLIFICATION OF THE HONORABLE JUDGE KETANJI BROWN JACKSON: GOD OF OUR WEARY YEARS, GOD OF OUR SILENT TEARS |
16 Elon Law Review 1 (2024) |
Georgiana G. Taylor (Gigi) was born in Iberia Parish in Louisiana in 1940. She was one of eleven children and one of the older girls in the family. She and her older sister, Rita, used to have to walk to the store to get groceries that their mother sometimes would need for meals. There was a brutal history of white men finding Black girls and... |
2024 |
|
Robin Peterson |
THE COMPLICIT CANON OF CRIMINAL LAW: A CRITICAL SURVEY OF SYLLABI, CASEBOOKS, AND SUPPLEMENTAL MATERIALS |
57 University of Michigan Journal of Law Reform 565 (Spring, 2024) |
This Note analyzes the learning objectives, casebook readings, and supplemental sources that thirteen criminal law professors assigned over fifteen years and argues that the current approach to teaching criminal law is complicit in perpetuating the injustices of the American criminal legal system because it fails to adequately interrogate the... |
2024 |
|
Ayodeji Kamau Perrin |
THE LAST COLONY OF THE MIND: NARRATIVE, LEGAL ADVOCACY, AND THE DECOLONIZATION OF LEGAL KNOWLEDGE |
38 Temple International and Comparative Law Journal 37 (Spring, 2024) |
Philippe Sands' The Last Colony tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ). In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial... |
2024 |
|
Katheryn Russell-Brown |
THE MULTITUDINOUS RACIAL HARMS CAUSED BY FLORIDA'S ANTI-DEI AND "STOP WOKE" LAWS |
51 Fordham Urban Law Journal 785 (March, 2024) |
Since 2021, Florida has passed legislation that radically redefines how educators address race-related topics in the university classroom. Two laws in particular, House Bill 7 (HB 7 or the Stop WOKE Act) and Senate Bill 266 (SB 266), which outlaws diversity, equity, and inclusion (DEI) programs at Florida universities, have led the charge. The... |
2024 |
|
Elizabeth Langston Isaacs |
THE MYTHOLOGY OF THE THREE LIARS AND THE CRIMINALIZATION OF SURVIVAL |
42 Yale Law and Policy Review 427 (Spring, 2024) |
There is nothing new about the legal system discounting the credibility of women, people of color, and people behind bars. Historically, the mythology of these three liars has given rise to evidentiary rules that equate female chastity with truthfulness, and Blackness (or its proxy--a criminal record) with dishonesty. Examples include the... |
2024 |
|
Kristine L. Bowman |
THE NEW PARENTS' RIGHTS MOVEMENT, EDUCATION, AND EQUALITY |
91 University of Chicago Law Review 399 (March, 2024) |
The cultural debate heats up when the structure of American society appears to be in flux: moments of large-scale immigration (like the present), broad economic change (like the present), and shifting social relations (particularly when they involve changing racial or gender relations--again, like the present). Not surprisingly, contemporary... |
2024 |
|
Jeremiah Chin |
THE NEXT GENERATION |
112 Kentucky Law Journal 729 (2023-2024) |
Table of Contents. 729 Introduction. 730 I. Towards a Critical Children's Constitutional Rights. 733 II. Recognizing Children's Rights in State Courts. 739 III. Children in State and Local Governance. 743 A. Children's Cabinets and Youth Councils. 743 B. Critical Youth Studies and Critical Children's Constitutional Law. 748 Conclusion. 752 |
2024 |
|
Yael Zakai Cannon |
THE PERSISTENT PUBLIC HEALTH EMERGENCY |
55 Columbia Human Rights Law Review 726 (Spring, 2024) |
May 11, 2023 was ostensibly a day of celebration. With infections and deaths from COVID-19 down, the federal government announced the end of the official Public Health Emergency three years after its initial declaration. But the conclusion of the Public Health Emergency also signaled the termination of unprecedented health protection... |
2024 |
|
Miyoko T. Pettit-Toledo |
THE POLITICS OF PROPORTIONALITY IN STATE CIVIL RULEMAKING |
101 Denver Law Review 641 (Spring, 2024) |
In the wake of the 2015 amendments to the Federal Rules of Civil Procedure (FRCP)--particularly with the perceived constriction of discovery through the revised federal proportionality standard in Rule 26(b)(1)--a wave of critics quickly emerged. Some commentators highlighted how procedural reforms heightened barriers to accessing federal courts,... |
2024 |
|
Cedric Merlin Powell |
THE POST-RACIAL DECEPTION OF THE ROBERTS COURT |
77 SMU Law Review 7 (Winter, 2024) |
Students for Fair Admissions v. Harvard/UNC (SFFA) is a post-racial deception unmoored from precedent and societal reality. SFFA deceives the polity and signals an all out assault on anti-discrimination law. To preserve its institutional legitimacy, the Roberts Court promotes doctrinal and conceptual distortions--post-racial deceptions of... |
2024 |
|
Shawn E. Fields |
THE PROCEDURAL JUSTICE INDUSTRIAL COMPLEX |
99 Indiana Law Journal 563 (Winter, 2024) |
The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice - that a polite cop is... |
2024 |
|
Moshe Cohen-Eliya |
THE PUBLIC-PRIVATE DIVIDE IN THE AGE OF IDENTITY POLITICS |
18 Law & Ethics of Human Rights 79 (July, 2024) |
https://doi.org/10.1515/lehr-2024-2003 Abstract: This article examines the impact of identity politics on the traditional liberal distinction between public and private spheres, arguing that critical theories associated with identity politics have significantly blurred these boundaries. This blurring is largely due to the portrayal of equality as a... |
2024 |
|
Rashmi Goel |
THE RPL EFFECT |
101 Denver Law Review 447 (Spring, 2024) |
The Rocky Mountain Collective on Race, Place & Law (RPL) is unique among law school organizations. Formed by professors at the University of Denver Sturm College of Law (Sturm), RPL is a group of Colorado legal academics and administrators working together to identify and address racial inequities in the U.S. and around the globe. Through... |
2024 |
|
Ashley Binetti Armstrong |
THE STORIES WE (DON'T) TELL: USING CASE BRIEFING TO EXPLORE BIAS AND OPPRESSION IN THE LAW |
28 Legal Writing: The Journal of the Legal Writing Institute 377 (2024) |
Traditional case briefing focuses on the text of the opinion--how courts frame and resolve legal issues. This Essay explores how to teach case briefing to investigate bias and oppression in the law. By discussing socio-historical context during class or assigning reimagined judicial opinions alongside the original opinion, teaching case briefing... |
2024 |
|
Justin Driver |
THE STRANGE CAREER OF ANTISUBORDINATION |
91 University of Chicago Law Review 651 (April, 2024) |
Constitutional scholars have long construed the Equal Protection Clause as containing two dueling visions: anticlassification and antisubordination. Scholars advancing the first view contend that the Clause prohibits the government from racially classifying people. But scholars promoting the second view argue that racial classifications are... |
2024 |
|
Kimberly Jade Norwood , Jaimie Hileman |
THE TRAGIC COSTS OF "PROTECTING" TRANS YOUTH |
73 Washington University Journal of Law & Policy 203 (2024) |
I am a 56-year-old Trans woman, lesbian, queer. I didn't understand this growing up, but I can sure remember when first I knew I was different. I was five. I remember the exact moment. It was a sunny September day. I was in kindergarten; the kids were playing by a big tree. The teacher began to divide us up into two groups, one for boys, one for... |
2024 |
|
Athena Mutua , Jonathan Feingold , Angela Harris , Emily Houh , Matthew Patrick Shaw , Frank Valdes |
THE WAR ON HIGHER EDUCATION |
72 UCLA Law Review Discourse 2 (2024) |
Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the... |
2024 |
|
Athena Mutua , Jonathan Feingold , Angela Harris , Emily Houh , Matthew Patrick Shaw , Frank Valdes |
THE WAR ON HIGHER EDUCATION |
72 UCLA Law Review Discourse 344 (2024) |
Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the... |
2024 |
|
Katharine T. Schaffzin |
THREADING THE NEEDLE |
55 University of Toledo Law Review 271 (Winter, 2024) |
The University of Memphis Cecil C. Humphreys School of Law provides an affordable, intellectually rigorous, and practice-oriented legal education and promotes student success, research, community engagement, diversity and inclusion, professional responsibility, and justice. -The University of Memphis Cecil C. Humphreys School of Law Mission This... |
2024 |
|
Michaela A. Giuggio |
TRADEMARKING HATE SPEECH: THE DANGERS OF INCONSISTENCY IN THE FEDERAL TRADEMARK REGISTRATION PROCESS |
28 Lewis & Clark Law Review 199 (2024) |
In 2017, the United States Supreme Court decided in Matal v. Tam that the Lanham Act's prohibitions on disparaging trademarks violated the First Amendment of the Constitution. Two years later, it decided in Iancu v. Brunetti that prohibitions on immoral or scandalous marks were similarly unconstitutional. In the wake of these decisions, and at a... |
2024 |
|
The Palestine Festival of Literature (PalFest) |
TRANSCRIPT OF "BUT WE MUST SPEAK: ON PALESTINE AND THE MANDATES OF CONSCIENCE" |
28 U.C. Davis Social Justice Law Review 103 (Summer, 2024) |
Panelists Include: Michelle Alexander, Morgan Bassichis, Ta-Nehisi Coates, Natalie Diaz, Mohammed El-Kurd, Yasmin El-Rifae, Noura Erakat, Rev Raschaad Hoggard, Rashid Khalidi C1-2Table of Contents Background from the Symposium Hosts. 105 Introduction by Michelle Alexander & Yasmin El-Rifae. 106 Poetry Recited by Mohammed El-Kurd. 111 Conversation... |
2024 |
|
Benjamyn C. Elliott |
TRANSITION & THAW: AN EQUAL PROTECTION BASIS FOR GENDER-AFFIRMING HORMONES IN CARCERAL SETTINGS |
31 Virginia Journal of Social Policy and the Law 125 (Summer, 2024) |
Introduction. 127 I. Historical & Legal Background. 130 A. Terminology Used. 131 B. The State of Prison Healthcare. 136 1. Estelle v. Gamble and the Medical Adequacy Standard. 137 2. The Medicalization of Gender-Affirming Care in State Custody. 140 3. Freeze-Frame Policies as Markers of Gender-Regressiveness. 148 i. Adams v. Federal Bureau of... |
2024 |
|
Cosmas Emeziem |
UNTOUCHABLE SOVEREIGN DEBTS: TOWARDS A NEW MODEL OF TRANSITIONAL JUSTICE AND GLOBAL FINANCE |
52 Georgia Journal of International and Comparative Law 333 (2024) |
C1-2Table of Contents I. Introduction. 335 II. Foundation and Contexts of Transitional Justice and Sovereign Debts. 341 A. Transitional Justices. 341 1. Nature and Norms. 342 2. Africa and Transitional Justice. 347 B. Sovereign Debts. 351 1. Basic Principles. 351 2. Africa and Sovereign Debts. 354 III. Sovereign Debts And Transitional Justice:... |
2024 |
|
Jordan Halper |
WHEN LIFE TAKES YOUR LEMONS: RESOLVING THE LEGISLATIVE PRAYER DEBATE IN SCHOOL BOARD SETTINGS IN LIGHT OF KENNEDY v. BREMERTON SCHOOL DISTRICT |
89 Brooklyn Law Review 933 (Spring, 2024) |
There's a war brewing in America and it will be fought not in the halls of Congress or the battlefield or the White House ellipse, but in fluorescent-lit school board meetings across the country. The school board generally serves a role of minimal visibility and receives little to no national recognition. The meetings are boring, the topics... |
2024 |
|
Marissa Jackson Sow |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
14 UC Irvine Law Review 459 (May, 2024) |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
2024 |
|
LeRoy Pernell |
WHY I WILL NOT STOP TEACHING LAW STUDENTS TO THINK CRITICALLY ABOUT RACE: THE ATTACK ON TEACHING ABOUT THE ROLE OF RACE IN LAW |
25 Rutgers Race & the Law Review 1 (2024) |
In 2022, the Florida Legislature passed the Individual Freedom Act (IFA or HB 7). HB 7 prohibits training or instruction that espouses, promotes, advances, inculcates, or compels . student[s] or employee[s] to believe eight specified concepts. These eight concepts were as follows: 1. Members of one race, color, national origin, or sex are... |
2024 |
|
Jacob Chabot |
WHY IS TITLE VII IN RETREAT? A SOCIOECONOMIC ANALYSIS OF THE RETRENCHMENT OF CONTEMPORARY CIVIL RIGHTS LAW |
57 U.C. Davis Law Review 2299 (April, 2024) |
This Article uses Title VII of the Civil Rights Act of 1964-- the Title regulating employment discrimination--as a springboard for analysis in determining why civil rights law has seen a falling off. The conclusion is that although political reasons did play a large role in the retrenchment of civil rights law as it was conceived during the Civil... |
2024 |
|
Linda C. McClain, Co-editor, Journal of Law and Religion; Robert Kent Professor of Law, Boston University School of Law, Email: lmcclain@bu.edu |
"DO NOT EVER REFER TO MY LORD JESUS CHRIST WITH PRONOUNS": CONSIDERING CONTROVERSIES OVER RELIGIOUSLY MOTIVATED DISCRIMINATION ON THE BASIS OF GENDER IDENTITY |
38 Journal of Law and Religion 1 (January, 2023) |
There are no pronouns in the Bible. --Lavern Spicer, Republican congressional candidate Do not ever refer to my Lord Jesus Christ with pronouns. --Lavern Spicer, Republican congressional candidate. In the by-now familiar framing religious freedom versus LGBT+ rights, perhaps the most visible conflicts today in the United States, and elsewhere,... |
2023 |
|
Sarah Cole , Grande Lum , Craig McEwen , Nancy Rogers |
"FRAMING" IN PUBLIC INITIATIVES TO ADVANCE RACIAL EQUITY |
38 Ohio State Journal on Dispute Resolution 255 (2023) |
I. Introduction II. Framing Choices A. Facilitative Mediation B. Community Policy Discussion C. Peacemaking/Restorative Processes D. Community Advocacy--Disruption E. Cognitive Aspects of Framing III. Framing Approaches at Various Stages of a Commission's Work: Finding Promising Ideas for Dealing with Framing Dilemmas A. The Planning Process,... |
2023 |
|
Patricia A. Broussard , Joi Cardwell |
"HOW DARE YOU VOTE!" THE ENACTMENT OF RACIST AND UNDEMOCRATIC VOTING LAWS TO PRESERVE WHITE SUPREMACY, MAINTAIN THE STATUS QUO, AND PREVENT THE RISE OF THE BLACK VOTE-- SAYING THE QUIET PARTS OUT LOUD |
14 University of Miami Race & Social Justice Law Review 1 (Fall, 2023) |
Historically the United States has proudly described itself as a melting pot, declaring, Give me your tired, your poor, your huddled masses yearning to breathe free. However, if the truth is told, the United States of America has never been a melting pot. In a melting pot, the ingredients each contribute something to the pot that equalizes them... |
2023 |
|
Christopher D. Thomas, J.D., Ph.D. |
"POSITIVELY DYSTOPIAN": PERNELL v. FLORIDA BOARD OF GOVERNORS AND ITS IMPLICATIONS FOR CURRICULAR BACKLASH BILLS |
406 West's Education Law Reporter 12 (1/5/2023) |
When a court repeatedly invokes 1984 by George Orwell to adjudicate a state's actions under our Constitution, it typically does not bode well for the state. Pernell v. Florida Board of Governors is no exception. Chief Judge Mark E. Walker's opinion, like the novel 1984, begins with the line It was a bright cold day in April, and the clocks were... |
2023 |
|
Katheryn Russell-Brown |
"THE STOP WOKE ACT": HB 7, RACE, AND FLORIDA'S 21ST CENTURY ANTI-LITERACY CAMPAIGN |
47 New York University Review of Law and Social Change 338 (2023) |
Florida's Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7. With a particular focus on the law school... |
2023 |
|