AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Christina Payne-Tsoupros REMOVING POLICE FROM SCHOOLS USING STATE LAW HEIGHTENED SCRUTINY 17 Northwestern Journal of Law & Social Policy 1 (Fall, 2021) This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal... 2021  
Jonathan Andrew Perez RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM 24 Journal of Gender, Race and Justice 87 (Spring, 2021) I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... 2021  
Emily A. Benfer , James Bhandary-Alexander , Yael Cannon , Medha D. Makhlouf , Tomar Pierson-Brown SETTING THE HEALTH JUSTICE AGENDA: ADDRESSING HEALTH INEQUITY & INJUSTICE IN THE POST-PANDEMIC CLINIC 28 Clinical Law Review 45 (Fall, 2021) The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States--including in access to justice,... 2021  
Noah C. Chauvin SHADOWBOXING WITH FREE SPEECH PRINCIPLES: AGAINST FREE SPEECH. BY ANTHONY LEAKER. LANHAM, M.D.: ROWMAN & LITTLEFIELD PUBLISHERS. 2020. PP. 128. PAPERBACK. $19.95 73 South Carolina Law Review 175 (Autumn, 2021) I. Introduction. 175 II. The Book. 176 III. The Critique. 180 IV. Conclusion. 188 2021  
Trust Kupupika SHAPING OUR FREEDOM DREAMS: RECLAIMING INTERSECTIONALITY THROUGH BLACK FEMINIST LEGAL THEORY 107 Virginia Law Review Online 27 (January, 2021) Black feminist legal theory has offered the tool of intersectionality to modern feminist movements to help combat interlocking systems of oppression. Despite this tremendous offering, intersectionality has become wholly divorced from its Black feminist origins. This is significant because without a deep engagement with Black feminist legal theory,... 2021  
James Thuo Gathii STUDYING RACE IN INTERNATIONAL LAW SCHOLARSHIP USING A SOCIAL SCIENCE APPROACH 22 Chicago Journal of International Law 71 (Summer, 2021) This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing... 2021  
Matthew B. Lawrence SUBORDINATION AND SEPARATION OF POWERS 131 Yale Law Journal 78 (October, 2021) abstract. This Article calls for the incorporation of antisubordination into separation-of-powers analysis. Scholars analyzing separation-of-powers tools-- laws and norms that divide power among government actors--consider a long list of values ranging from protecting liberty to promoting efficiency. Absent from this list are questions of equity:... 2021  
Omarr Rambert THE ABSENT BLACK FATHER: RACE, THE WELFARE-CHILD SUPPORT SYSTEM, AND THE CYCLICAL NATURE OF FATHERLESSNESS 68 UCLA Law Review 324 (May, 2021) The perception of Black fathers is that they are largely absent from their children's lives, and that such absence--and the ensuing experience of growing up fatherless--is a direct cause of social issues in Black communities. Through media representations and policymaking, the absent Black father narrative has taken shape over the past fifty years,... 2021  
Pedro A. Malavet THE ACCIDENTAL CRIT III: THE UNBEARABLE LIGHTNESS OF BEING . PEDRO? 22 Rutgers Race & the Law Review 247 (2021) C1-2Table of Contents I. Introduction: Names, Titles and Academic Survival. 249 II. How did you get to your current position?. 255 III. Why did you stay?. 281 IV. Conclusion: Reveling in Law Geekness. 289 2021  
Nicci Arete THE BAR EXAM'S CONTRIBUTION TO SYSTEMIC INEQUALITIES IN ACCESS TO JUSTICE AROUND THE WORLD 30 Washington International Law Journal 324 (March, 2021) Abstract: Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession's goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the... 2021  
Charles L. Barzun THE COMMON LAW AND CRITICAL THEORY 92 University of Colorado Law Review 1221 (Fall, 2021) Before I got out of bed this morning, I had an exchange on Facebook Messenger, which began this way: Aunt Lucy: Question for you. Do you actually think there is no Marxist attempt, ongoing for years, to undermine and destroy America? Now most clearly involving China, but a la Gramsci, also in virtual total control of the media, universities, and... 2021  
Richard Ariel THE FIRST AMENDMENT IMPLICATIONS OF PRESIDENT TRUMP'S EXECUTIVE ORDER ON DIVERSITY TRAINING 56-SUM Procurement Lawyer 11 (Summer, 2021) Following the deaths of Breonna Taylor and George Floyd in March and May 2020, respectively, mass protests against police brutality and systemic racism erupted across the United States. Following this period of civil unrest, a multitude of companies, many of which were federal contractors, put a focus on diversity and inclusiveness training,... 2021  
Vincent M. Southerland THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM 80 Maryland Law Review 487 (2021) A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... 2021  
Dr. Angélica Guevara THE NEED TO REIMAGINE DISABILITY RIGHTS LAW BECAUSE THE MEDICAL MODEL OF DISABILITY FAILS US ALL 2021 Wisconsin Law Review 269 (2021) All human beings are born free and equal in dignity and rights. --Universal Declaration of Human Rights, Article 1 Disability is not a personal problem, but rather a social reaction to natural human variation and susceptibility to life circumstances. Current disability antidiscrimination law has been ineffective in overcoming this misleading... 2021  
Audra L. Savage THE RELIGION OF RACE: THE SUPREME COURT AS PRIESTS OF RACIAL POLITICS 2021 Utah Law Review 569 (2021) The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue--racism still exists. This Article offers a new descriptive account of America's history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they... 2021  
Daniel Abebe , Adam Chilton , Tom Ginsburg THE SOCIAL SCIENCE APPROACH TO INTERNATIONAL LAW 22 Chicago Journal of International Law 1 (Summer, 2021) For over a hundred years, scholars have argued that international law should be studied using a scientific approach. Throughout the twentieth century, however, the most prominent methods used to study international law primarily consisted of different theoretical and analytical claims about how international law should be developed, interpreted,... 2021  
Courtney Trombly THE SPACE RACE: FUTILE FIGHTING FOR FINITE FINDINGS 31 Albany Law Journal of Science and Technology 118 (2021) The advent of space exploration has brought a myriad of exciting new discoveries, among which are materials and resources. Such resources include sunlight and elements contained in the atmosphere, as well as materials included within the regolith (unconsolidated material that overlies solid rock on planetary bodies). The materials--which include... 2021  
Hiram E. Puig-Lugo THE WISCONSIN LAW REVIEW: ONE HUNDRED YEARS OF CREATIVITY, CONTINUITY, AND CHANGE 2021 Wisconsin Law Review 253 (2021) This issue explores the intellectual history and traditions of the University of Wisconsin Law School as the Wisconsin Law Review celebrates its 100th anniversary. It represents yet another example of the valuable contributions the Law Review has made to academic discourse and professional development throughout its history. I am extremely grateful... 2021  
Benjamin Justice , Tracey L. Meares THE WOLF WE FEED: DEMOCRACY, CASTE, AND LEGITIMACY 119 Michigan Law Review Online 95 (May, 2021) Legal authority rests on enactment; its pure type is best represented by bureaucracy. The basic idea is that laws can be enacted and changed at pleasure by formally correct procedure. The governing body is either elected or appointed and constitutes as a whole and in all its sections rational organizations .. Obedience is not owed to anybody... 2021  
Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW 105 Minnesota Law Review Headnotes 251 (Spring, 2021) Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... 2021  
Maleah Riley-Brown, Samia Osman, Justice C. Shannon , Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle THIS IS MINNESOTA: AN ANALYSIS OF DISPARITIES IN BLACK STUDENT ENROLLMENT AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL AND THE EFFECTS OF SYSTEMIC BARRIERS TO BLACK REPRESENTATION IN THE LAW 47 Mitchell Hamline Law Review 26 (November, 2021) Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting, or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can... 2021  
Kyle C. Velte TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK 33 Yale Journal of Law & Feminism 119 (2021) Abstract: White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... 2021  
James Thuo Gathii TWENTY-SECOND ANNUAL GROTIUS LECTURE: THE PROMISE OF INTERNATIONAL LAW: A THIRD WORLD VIEW 36 American University International Law Review 377 (2021) James Thuo Gathii of the Loyola University Chicago School of Law, and discussant Fleur Johns of the University of New South Wales School of Law, provided the Twenty-Second Annual Grotius Lecture on Thursday, June 25, 2020, at 5:00 p.m. (Including a TWAIL Bibliography 1996-2019 as an Appendix) I. INTRODUCTION. 378 II. PART ONE: INTERNATIONAL LAW'S... 2021  
John A. Powell , Eloy Toppin, Jr. UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING 11 Columbia Journal of Race and Law 1 (January, 2021) Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... 2021  
Vanita Saleema Snow VEILING AND INVERTED MASKING 36 Berkeley Journal of Gender, Law & Justice 115 (2021) Introduction. 115 I. The Identity Dichotomy. 120 A. Binary Gender Identity. 122 B. Black and African-American Women: Race Intersects with Gender. 128 C. Muslim Women: Religious Identity Intersects with Gender. 130 D. African-American Muslim Women: The Challenges of Identity Convergence. 134 II. Masking Identity. 135 A. Masking to Assimilate. 137 B.... 2021  
Meera E. Deo WHY BIPOC FAILS 107 Virginia Law Review Online 115 (June, 2021) Racial tensions have been endemic to the U.S. since its founding. In 2020, this racial conflict bubbled over into the streets as those supporting Black Lives Matter and opposing a long history of racist police violence congregated to demand justice. Last year and still now, the global pandemic has placed additional stress on communities of color,... 2021  
Shannon N. Morgan WORKING TWICE AS HARD FOR LESS THAN HALF AS MUCH: A SOCIOLEGAL CRITIQUE OF THE GENDERED JUSTIFICATIONS PERPETUATING UNEQUAL PAY IN SPORTS 45 Columbia Journal of Law & the Arts 121 (Fall, 2021) The difference is the total amount of revenue. It's not a gender issue. It's a revenue issue. This was Mark Cuban's response when called out about the pay gap between men's and women's professional basketball players by Women's National Basketball Association (WNBA) player Skylar Diggins-Smith. So often when the question, Why do male athletes... 2021  
Lolita Buckner Inniss (UN)COMMON LAW AND THE FEMALE BODY 61 Boston College Law Review E-Supplement I.-95 (May 14, 2020) Abstract: A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women's legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she... 2020  
I. Bennett Capers AGAINST PROSECUTORS 105 Cornell Law Review 1561 (September, 2020) Introduction. 1561 I. The Prosecutors. 1565 II. We, the People. 1573 A. From Private Prosecution to Public Prosecutors. 1573 B. Three Lessons. 1581 III. Benefits. 1586 Conclusion. 1609 2020  
Bruce P. Frohnen AUGUSTINE, LAWYERS & THE LOST VIRTUE OF HUMILITY 69 Catholic University Law Review 1 (Winter, 2020) I. The Virtue of Humility. 3 II. The Secular Critique. 4 III. Political Theology. 7 IV. Shaffer's Christian Call to Disorder. 9 V. The Dangers of Lawyerly Theology. 11 VI. MRPC: A System Requiring and Allowing for Humility. 17 VII. Conclusion. 20 2020  
Dena Elizabeth Robinson , Tyra Robinson BETWEEN A LOC AND A HARD PLACE: A SOCIO-HISTORICAL, LEGAL, AND INTERSECTIONAL ANALYSIS OF HAIR DISCRIMINATION AND TITLE VII 20 University of Maryland Law Journal of Race, Religion, Gender and Class 263 (Fall, 2020) Every year, Black people, including children, are reminded that they are inferior when they are turned away from jobs, have offers of employment rescinded, or are humiliated in front of family and friends due to the way their hair naturally grows out of their heads. When Black people bring claims of hair discrimination under Title VII, which are... 2020  
Justin Hansford BOOK REVIEW: CHOKEHOLD BY PAUL BUTLER 4 Howard Human & Civil Rights Law Review 39 (2019-2020) When Mike Brown was killed on August 9th, 2014, few of the people who took to the streets in protest could explain in depth the structural details of the system that we knew would, in all likelihood, allow the killer to escape without punishment. We just knew the whole system was guilty as hell. Any instincts to take a systemic perspective were... 2020  
Jasmine B. Gonzales Rose COLOR-BLIND BUT NOT COLOR-DEAF: ACCENT DISCRIMINATION IN JURY SELECTION 44 New York University Review of Law and Social Change 309 (2020) Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too... 2020  
Mary Nicol Bowman CONFRONTING RACIST PROSECUTORIAL RHETORIC AT TRIAL 71 Case Western Reserve Law Review 39 (Fall, 2020) C1-2Contents Introduction. 40 I. How and Why is Racist Prosecutorial Rhetoric So Problematic?. 44 A. Overview of Foundational Concepts for Understanding Racist Prosecutorial Rhetoric. 44 B. How Race Affects Juror Decision-Making. 50 1. Ingroup versus Outgroup Bias. 51 2. The Power of Stereotypes. 53 3. Priming for Prejudice. 57 4. Framing and... 2020  
Calvin Morrill , Lauren B. Edelman , Yan Fang , Rosann Greenspan CONVERSATIONS IN LAW AND SOCIETY: ORAL HISTORIES OF THE EMERGENCE AND TRANSFORMATION OF THE MOVEMENT 16 Annual Review of Law and Social Science 97 (2020) law and society, scholarly movements, institutionalized fields, oral history This article uses oral histories of surviving founders to explore the emergence of law and society as a scholarly movement and its transformation to a scholarly field. The oral histories we draw on come from a unique public archive of interviews with founders of law and... 2020  
Frank Rudy Cooper COP FRAGILITY AND BLUE LIVES MATTER 2020 University of Illinois Law Review 621 (2020) There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012-2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police... 2020  
Wyatt G. Sassman CRITICAL QUESTIONS IN ENVIRONMENTAL LAW 97 University of Detroit Mercy Law Review 487 (Spring, 2020) I. Introduction. 487 II. Critical Questions in Environmental Law. 491 A. Shaky Foundations. 491 B. Environmental Justice. 493 C. Climate Change. 497 III. Critical Movements and Law's Role. 501 A. CLS's Influences. 501 B. Law and Reform After CLS. 503 IV. Lessons for Environmental Law. 505 V. Conclusion. 507 2020  
William J. Carney CURRICULAR CHANGE IN LEGAL EDUCATION 53 Indiana Law Review 245 (2020) It is almost trite today to catalog the problems of modern legal education. The popular press and the internet have done a pretty good job of making the professional concerns of legal educators almost popular fare for casual readers and especially for prospective law students. But, just to hit the highlights, here is a list of the better-known... 2020  
Kimberly Jenkins Robinson DESIGNING THE LEGAL ARCHITECTURE TO PROTECT EDUCATION AS A CIVIL RIGHT 96 Indiana Law Journal 51 (Fall, 2020) Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes... 2020  
Holt Ortiz Alden DISCOVERING THE VICTIM: THE ENDURING PROBLEM WITH "HIGH-CRIME AREAS" 16 Stanford Journal of Civil Rights & Civil Liberties 385 (June, 2020) In 1995, Chicago police officers stopped and frisked Sam Wardlow, a black man, after he reportedly ran from them in a high-crime area of Chicago, Illinois. The Supreme Court ultimately upheld the stop and frisk in Illinois v. Wardlow, concluding that flight from law enforcement in a high-crime area constituted sufficient reasonable articulable... 2020  
Marc Tizoc González , Saru Matambanadzo , Sheila I. Vélez Martínez FOREWORD: THE DISPOSSESSED MAJORITY: RESISTING THE SECOND REDEMPTION IN AMÉRICA POSFASCISTA (POSTFASCIST AMERICA) WITH LATCRIT, SCHOLARSHIP, COMMUNITY, AND PRAXIS AMIDST THE GLOBAL PANDEMIC 23 Harvard Latinx Law Review 149 (Fall, 2020) Settle your quarrels, come together, understand the reality of our situation, understand that fascism is already here, that people are already dying who could be saved, that generations more will live poor butchered half-lives if you fail to act. Do what must be done, discover your humanity and your love in revolution. --attributed to George... 2020  
Chandra L. Ford GRAHAM, POLICE VIOLENCE, AND HEALTH THROUGH A PUBLIC HEALTH LENS 100 Boston University Law Review 1093 (May, 2020) That police kill black people with impunity is a concerning social issue--but is it a public health problem? In this Essay, I examine how certain public health concepts and approaches can inform both the answer to this question and the development of strategies to address the problem. Drawing on Ruth Wilson Gilmore's definition of racism as the... 2020  
Alfredo Contreras , Joe McGrath LAW, TECHNOLOGY, AND PEDAGOGY: TEACHING CODING TO BUILD A "FUTURE-PROOF" LAWYER 21 Minnesota Journal of Law, Science & Technology 297 (July 13, 2020) Introduction. 298 I. The Evolution of Legal Education: From Cases to Code. 299 II. The Impact of Technology on Legal Practice: Why Lawyers Need to Understand Code. 308 A. Smart Searching, Research and Analysis. 311 B. Virtual Firms and Robotic Advice. 313 C. Automation: Accuracy with Efficiency. 314 D. Predictive Policing. 317 E. Risk Assessment.... 2020  
Shajuti Hossain LESSONS FROM BLACKAMERICAN LAWYERS' SOCIAL JUSTICE ADVOCACY FOR IMMIGRANT MUSLIM LAWYERS 24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... 2020  
Russell M. Gold PAYING FOR PRETRIAL DETENTION 98 North Carolina Law Review 1255 (September, 2020) American criminal law vastly overuses pretrial detention even as it purports to presume defendants innocent. This Article compares financial incentives in pretrial detention to those in civil preliminary injunctions. Both are procedures where one of the parties seeks relief before judgment. And yet, these two procedures employ financial incentives... 2020  
Paul Butler POLITICS CHANGE. POLICING BLACK MEN STAYS THE SAME 4 Howard Human & Civil Rights Law Review 67 (2019-2020) It is a high honor to have three important scholars offer such careful analysis of my book Chokehold: Policing Black Men. The reviews, by Howard University Law Professors Justin Hansford, Lenese Herbert and Darin Johnson, are provocative and fair. Here I want not to so much respond point by point as to riff off some of the most challenging themes... 2020  
James Thuo Gathii PROMISE OF INTERNATIONAL LAW: A THIRD WORLD VIEW (INCLUDING A TWAIL BIBLIOGRAPHY 1996-2019 AS AN APPENDIX) 114 American Society of International Law Proceedings 165 (June 25-26, 2020) doi:10.1017/amp.2021.87 Thank you very much Professor Padideh Ala'i for that very kind introduction. I would also like to thank you Dean Camille A. Nelson of the Washington College of Law and the Society for this really special honor of inviting me to give the Grotius Lecture this year. I also thank the President of the Society, Catherine Amirfar,... 2020  
Jared Ham , Chan Tov McNamarah QUEER EYES DON'T SYMPATHIZE: AN EMPIRICAL INVESTIGATION OF LGB IDENTITY AND JUDICIAL DECISION MAKING 105 Cornell Law Review 589 (January, 2020) Do lesbian, gay, and bisexual judicial decision makers differ from their heterosexual counterparts? Over the past decade much has been said about queer judges, with many suggesting that they cannot be impartial in cases involving LGBTQ+ parties or religious interests. To investigate these questions, this Note presents the findings of the first... 2020  
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