AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Brishen Rogers CAPITALIST DEVELOPMENT, LABOR LAW, AND THE NEW WORKING CLASS: THE NEXT SHIFT: THE FALL OF INDUSTRY AND THE RISE OF HEALTH CARE IN RUST BELT AMERICA, BY GABRIEL WINANT, HARVARD UNIVERSITY PRESS, 2021 131 Yale Law Journal 1842 (April, 2022) Gabriel Winant's The Next Shift charts the transformation of Pittsburgh's labor market and political economy from the postwar period through the era of unabashed neoliberalism. During that time, relatively well-paid and unionized employment in steel and metalworking plummeted, while low-wage, precarious, nonunion employment in health care and... 2022  
Kara W. Swanson CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE 25 Stanford Technology Law Review (2022) (Spring, 2022) This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... 2022  
Charquia Wright CIRCUIT CIRCUS: DEFYING SCOTUS AND DISENFRANCHISING BLACK VOTERS 83 Ohio State Law Journal 601 (2022) Law students are uniformly taught that federal circuit courts cannot and will not overrule Supreme Court precedent under any circumstance. This is not true. They can, with little fear of corrective mechanisms like en banc oversight, Supreme Court review, or congressional override. And in certain circumstances, they are bound to do so by the law of... 2022  
Jonathan P. Feingold CIVIL RIGHTS CATCH-22S 43 Cardozo Law Review 1855 (June, 2022) Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground... 2022  
Anne D. Gordon CLEANING UP OUR OWN HOUSES: CREATING ANTI-RACIST CLINICAL PROGRAMS 29 Clinical Law Review 49 (Fall, 2022) A formidable body of research and scholarship describes the unique difficulties faced by various minoritized groups within our law schools. Women, people of color, those with disabilities, LGBTQ+ people, and all those outside, overlapping, or in-between have powerfully described how their turn through legal academia was marked by discrimination,... 2022  
Cinnamon P. Carlarne CLIMATE COURAGE: REMAKING ENVIRONMENTAL LAW 41 Stanford Environmental Law Journal 125 (May, 2022) I. Introduction. 126 II. The Making of Environmental Law. 133 A. How It Began: Environmental Law's Ecological Roots. 135 B. How It Is Going: A Field Detached. 140 III. Examining the Roots of Environmental Law. 142 A. International Environmental Leadership. 143 B. Environmental Justice. 147 C. Climate Justice. 152 D. Environmental Rights. 156 IV.... 2022  
Jeena Shah COMMUNITY LAWYERING IN RESISTANCE TO NEOLIBERALISM 120 Michigan Law Review 1061 (April, 2022) An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings. New York: Oxford University Press. 2021. Pp. xxi, 661. $44.95. 1. . This is a multi-layered city, unceremoniously built on hills, valleys, ravines. Flying into Burbank airport in the day, you observe gradations of trees and earth. A city seems to be an afterthought,... 2022  
Lucy Jewel COMPARATIVE LEGAL RHETORIC 110 Kentucky Law Journal 107 (2021-2022) Table of Contents. 107 Introduction. 108 I. Why Study Comparative Legal Rhetoric?. 112 II. The Foundations of Comparative Legal Rhetoric. 118 A. Legal Rhetoric. 118 B. Comparative Law. 120 C. Comparative Approaches to Rhetoric. 123 i. Contrastive Rhetoric. 123 ii. Comparative Rhetoric. 127 1. An Initial Survey of Comparative Rhetoric. 127 2. The... 2022  
Benjamin Levin CRIMINAL JUSTICE EXPERTISE 90 Fordham Law Review 2777 (May, 2022) For decades, commentators have adopted a story of mass incarceration's rise as caused by punitive populism. Growing prison populations, expanding criminal codes, and raced and classed disparities in enforcement result from pathological politics: voters and politicians act in a vicious feedback loop, driving more criminal law and punishment. The... 2022  
Michael P. Goodyear CULTURE AND FAIR USE 32 Fordham Intellectual Property, Media and Entertainment Law Journal 334 (Winter, 2022) The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating... 2022  
Seema Tahir Saifee DECARCERATION'S INSIDE PARTNERS 91 Fordham Law Review 53 (October, 2022) This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important--and sometimes extraordinary--strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies... 2022  
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022  
Elaine Gross, MSW DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE 38 Touro Law Review 589 (2022) In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... 2022  
Jamelia Morgan DISABILITY'S FOURTH AMENDMENT 122 Columbia Law Review 489 (March, 2022) Issues relating to disability are undertheorized in the Supreme Court's Fourth Amendment jurisprudence. Across the lower courts, although disability features prominently in excessive force cases, typically involving individuals with psychiatric disabilities, it features less prominently in other areas of Fourth Amendment doctrine. Similarly,... 2022  
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  
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