AuthorTitleCitationSummaryYearEthnicity in Title or SummaryGender in Title or Summary
Rebecca Melnitsky FIGHTING HATE: ADDRESSING A WAVE OF ANTISEMITISM AND ANTI-ASIAN VIOLENCE 95-OCT New York State Bar Journal 16 (September/October, 2023) After former President Donald Trump called COVID-19 the Chinese virus in a tweet on March 16, 2020, tweets with anti-Asian hashtags rose dramatically in the week that followed. In 2022, the Anti-Defamation League reported the highest number of antisemitic incidents in the U.S. since the organization began tracking them more than 40 years ago:... 2023 Asian American  
Hal Clay FORTY ACRES AND A MULE: AMERICA'S BILL FOR REPARATIONS IS LONG PAST OVERDUE 24 Scholar: St. Mary's Law Review on Race and Social Justice 505 (2023) Introduction. 507 A. The Justification For Timely Reparations Stems From The Historic Injustices Perpetrated On Black Americans. 507 I. History. 517 A. There Are Historical Justifications For Reparations. 517 B. There Is No Better Justification For Reparations Established Than Federal Payments Made To Slave Owners Before And After The Civil War.... 2023 African/Black American  
Mary Holper GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS 89 Brooklyn Law Review 119 (Fall, 2023) A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... 2023 Hispanic/Latinx American  
Caroline Light, Janae Thomas, Alexa Yakubovich GENDER AND STAND YOUR GROUND LAWS: A CRITICAL APPRAISAL OF EXISTING RESEARCH 51 Journal of Law, Medicine & Ethics 53 (Spring, 2023) Keywords: Stand Your Ground, Intersectionality, Gender, Domestic Violence, Intimate Partner Violence, Battered Woman Syndrome Abstract: This paper evaluates the existing research on Stand Your Ground (SYG) laws in terms of the extent to which it has accounted for gender. In particular, we address (a) what the available evidence suggests are the... 2023    
Sandra Babcock, Nathalie Greenfield GENDER, VIOLENCE, AND THE DEATH PENALTY 53 California Western International Law Journal 327 (Spring, 2023) C1-2Table of Contents Introduction. 328 I. Methodology. 332 II. Summary of Findings. 334 III. Overview of Women on Death Row. 336 A. United States. 336 B. Global Overview. 338 IV. Gender-Based Violence: Theoretical and Legal Frameworks. 341 A. The International Legal Framework. 341 B. The Intersection of Gender-Based Violence and Marginalized... 2023    
Renee Nicole Allen GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR 29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... 2023 African/Black American  
Alexis Boyd HAIR ME OUT: WHY DISCRIMINATION AGAINST BLACK HAIR IS RACE DISCRIMINATION UNDER TITLE VII 31 American University Journal of Gender, Social Policy and the Law 75 (2023) I. Introduction. 77 II. Background. 80 A. Discrimination Against Black Hair in Context. 80 B. Is Hair Discrimination Race Discrimination?. 82 1. Federal Protection: Under Title VII, Employers Cannot Discriminate Against a Person Because of Their Race. 82 2. Federal Court Precedent: Traditionally, Race-Based Hair Discrimination is Not Recognized as... 2023 African/Black American  
Alichia McIntosh HEALTHCARE INEQUITIES IN THE UNITED STATES AND BEYOND ARE TAKING BLACK WOMEN'S LIVES 18 Northwestern Journal of Law & Social Policy 102 (Spring, 2023) Black women have been dying at devastating rates due to health complications at the hands of the United States' healthcare and legal systems. This Note explores these distressing rates and how they compare to White women while analyzing the fatalities and diagnoses among several health complications and diseases. These fatalities persist due to the... 2023 African/Black American Yes
Zahra Stardust, Danielle Blunt, Gabriella Garcia, Lorelei Lee, Kate D'Adamo, Rachel Kuo HIGH RISK HUSTLING: PAYMENT PROCESSORS, SEXUAL PROXIES, AND DISCRIMINATION BY DESIGN 26 CUNY Law Review 57 (Winter, 2023) Key words: sex work, financial discrimination, sexual surveillance, precarious labor, algorithmic profiling Sex workers are increasingly documenting financial discrimination when accessing banks, payment processors, and financial providers. As hustle economy workers, barriers to digital financial infrastructure impact sex workers' abilities to... 2023    
Emily Behzadi HIS SHIP HAS SAILED--EXPELLING COLUMBUS FROM CULTURAL HERITAGE LAW 56 Vanderbilt Journal of Transnational Law 315 (March, 2023) Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses,... 2023 Hispanic/Latinx American  
Dr. Lucius Couloute , Kacie Snyder HOUSING INSECURITY AMONG PEOPLE WITH CRIMINAL RECORDS: A FOCUS ON LANDLORDS 32-SUM Kansas Journal of Law & Public Policy 21 (Summer, 2023) Approximately 600,000 people are released from prisons each year and at least 79 million adults--over one third of the population--now hold some form of a criminal record. Upon formal criminalization, a combination of socioeconomic barriers compound to inhibit one's chances at successfully (re)integrating into society. In particular,... 2023    
Reva B. Siegel HOW "HISTORY AND TRADITION" PERPETUATES INEQUALITY: DOBBS ON ABORTION'S NINETEENTH-CENTURY CRIMINALIZATION 60 Houston Law Review 901 (Symposium 2023) In this Commentary, I show how the tradition-entrenching methods the Court employed to decide New York State Rifle & Pistol Ass'n, Inc. v. Bruen and Dobbs v. Jackson Women's Health Organization intensify the gender biases of a constitutional order that for the majority of its existence denied women a voice in lawmaking and restricted women's roles.... 2023    
Kiricka Yarbough Smith, Maura Reinbrecht HOW ANTI-SEX TRAFFICKING EFFORTS SHOULD ALIGN WITH CRIMINAL JUSTICE REFORM 38 Berkeley Journal of Gender, Law & Justice 158 (2023) Current law enforcement practices--including efforts to address sex trafficking--disproportionately harm Black people. This Article proposes that front-end criminal justice reforms to reduce the criminalization of poverty, reform racially biased police practices, and increase police accountability could mitigate the disparate impact that policing... 2023 African/Black American  
Courtney G. Joslin , Douglas NeJaime HOW PARENTHOOD FUNCTIONS 123 Columbia Law Review 319 (March, 2023) Approximately two-thirds of states have functional parent doctrines, which enable courts to extend parental rights based on the conduct of forming a parental relationship with a child. Different jurisdictions use different names--including de facto parentage, in loco parentis, psychological parenthood, or presumed parentage--and the doctrines arise... 2023    
Nina Farnia IMPERIALISM AND BLACK DISSENT 75 Stanford Law Review 397 (February, 2023) Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... 2023 African/Black American  
Robyn M. Powell INCLUDING DISABLED PEOPLE IN THE BATTLE TO PROTECT ABORTION RIGHTS: A CALL-TO-ACTION 70 UCLA Law Review 774 (September, 2023) The battle to protect abortion rights in the United States has not been this fierce in fifty years. From the U.S. Supreme Court's recent Dobbs v. Jackson Women's Health Organization decision to a precipitously growing number of states passing draconian laws that drastically limit--and in some states, entirely ban--access to safe and legal abortion... 2023    
Anna Maria Sicenica INCREASING REPRESENTATION: EXPANDING INTERSECTIONAL CLAIMS IN EMPLOYMENT DISCRIMINATION 61 Duquesne Law Review 341 (Summer, 2023) The way we imagine discrimination or disempowerment often is more complicated for people who are subjected to multiple forms of exclusion. The good news is that intersectionality provides us a way to see it. - Kimberlé Williams Crenshaw The trend of globalization has only continued to bring workers from different races, religions, and countries... 2023    
Kasey Barnes INDIANA'S EFFORTS TO REDUCE MATERNAL MORTALITY: NECESSARY, BUT INSUFFICIENT 20 Indiana Health Law Review 357 (2023) Nearly one-hundred women in Indiana die from a pregnancy-related complication each year. Courtney Reimlinger, a twenty-three-year-old Indianapolis native was nearly one of them. One week after delivering her son, she experienced excruciating chest pain that spread to her head and neck and resulted in periods of unconsciousness. Courtney was rushed... 2023 American Indian/Alaskan Native  
Elizabeth Tobin-Tyler INTIMATE PARTNER VIOLENCE, FIREARM INJURIES AND HOMICIDES: A HEALTH JUSTICE APPROACH TO TWO INTERSECTING PUBLIC HEALTH CRISES 51 Journal of Law, Medicine & Ethics 64 (Spring, 2023) Keywords: Intimate Partner Violence, Firearm Violence, Domestic Violence Laws, Public Health, Health Justice. Abstract: More than half of all intimate partner homicides involve a firearm and firearms are frequently used by perpetrators of intimate partner violence (IPV) to injure and threaten victims and survivors. Recent court decisions undermine... 2023    
Sandeep Singh Dhaliwal INVESTING IN ABOLITION 112 Georgetown Law Journal 1 (October, 2023) This Article situates the prison within a broader macro-financial trend, what I call community capture. As private equity firms have consolidated the market for carceral services, they have also gained control over other essential social infrastructure, like housing and healthcare. By layering debt, fees, and aggressive profit expectations over... 2023    
Michael L. Zuckerman IRRATIONAL COLLATERAL SANCTIONS 20 Ohio State Journal of Criminal Law 87 (Fall, 2023) In the modern era, a criminal sentence is rarely truly over just because someone has served their time. Instead, both legal and social barriers continue to haunt most people who have been convicted of crimes for years. These barriers often persist long past the point of making good sense. While social barriers like stigma are not always easy for... 2023    
Jelani Jefferson Exum, Dean and Philip J. McElroy, Professor of Law, University of Detroit Mercy School of Law JUDGE FRANKEL'S FIFTY-YEAR-OLD INVITATION TO RECONSTRUCT SENTENCING 2023 Federal Sentencing Reporter 4423988 (4/1/2023) America was a different place at the time Judge Marvin Frankel penned his now-famous text Criminal Sentences: Law without Order in 1973. Richard Nixon was the U.S. president. The Vietnam War was ending. The Watergate scandal was unfolding. There was much to grab the public's attention, and criminal sentencing was not a national or international... 2023    
Charles Gardner Geyh JUDICIAL ETHICS AND IDENTITY 36 Georgetown Journal of Legal Ethics 233 (Spring, 2023) This Article seeks to untangle a cluster of controversies and conundrums at the epicenter of the judiciary's role in American government, where a judge's identity as a person and role as a judge intersect. Part I synthesizes the traditional ethics schema, which proceeds from the premise that good judges decide cases on the basis of facts and law,... 2023    
Benita Miller KEEPING THE FAITH: FORTIFYING TITLE IX PROTECTIONS POST-ROE FOR BLACK GIRLS 56 Creighton Law Review 359 (June, 2023) My spirit is too ancient to understand the separation of soul & gender. Pregnant and parenting teens have a right to stay in school to complete their education. Embedded in the federal Title IX Education Amendments is the guarantee that discrimination based on pregnant and parenting status is prohibited if a school is receiving public funds. Title... 2023 African/Black American Yes
Maeve Glass KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION 123 Columbia Law Review 1135 (May, 2023) This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... 2023 African/Black American  
Ed Morales LATINX: RESERVING THE RIGHT TO THE POWER OF NAMING 39 Chicana/o-Latina/o Law Review 209 (2023) The label Latinx was originally conceived of by activists and academics to be inclusive of non-binary and LGBTQIA people, but when it came into wider use in the mid-2010s, it generated pushback from both conservatives and moderates. Recently there have been attempts to ban the term by a governor and a state legislature, with even Democratic Arizona... 2023 Hispanic/Latinx American  
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 African/Black American Yes
Dolores S. Atencio LUMINARIAS: AN EMPIRICAL PORTRAIT OF THE FIRST GENERATION OF LATINA LAWYERS 1880-1980 39 Chicana/o-Latina/o Law Review 1 (2023) C1-2Table of Contents Prologue. 3 Introduction. 9 I. The Luminarias Study. 13 A. Methodology. 13 B. Who is Latina? The Complex Nature of Self-Identification Inside and Outside the Latino Community. 16 C. Ethical Considerations in Categorizing Luminarias as Latinas. 22 1. Rosalind Goodrich Bates, LL.B 1926 Southwestern Law-Los Angeles, Admitted... 2023 Hispanic/Latinx American  
Adam Crepelle MAKING RED LIVES MATTER: PUBLIC CHOICE THEORY AND INDIAN COUNTRY CRIME 27 Lewis & Clark Law Review 769 (2023) American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated... 2023 American Indian/Alaskan Native  
Laura T. Kessler MISCARRIAGE OF JUSTICE: EARLY PREGNANCY LOSS AND THE LIMITS OF U.S. EMPLOYMENT LAW 108 Cornell Law Review 543 (March, 2023) This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is a common experience. Of confirmed pregnancies, about 15% will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet, this experience slips through the cracks of every major federal... 2023    
Brooklynn K. Hitchens , Jeaneé C. Miller , Yasser Arafat Payne , Ivan Y. Sun , Isabella Castillo MORE THAN RACE? INTRAGROUP DIFFERENCES BY GENDER AND AGE IN PERCEPTIONS OF POLICE AMONG STREET-IDENTIFIED BLACK MEN AND WOMEN 47 Law and Human Behavior 634 (December, 2023) Objective: Whereas studies have documented racial differences in attitudes toward police between White and Black Americans, relatively little is known about the intragroup, gender-based variations among urban Black residents involved in criminal activity (i.e., street-identified men and women). Hypotheses: We hypothesized Black women would be more... 2023 African/Black American Yes
Melissa Murray MOTHERS IN LAW 121 Michigan Law Review 909 (April, 2023) Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. by Tomiko Brown-Nagin. New York: Pantheon. 2022. Pp. 2, 497. Cloth, $30; paper, $19. On February 25, 2022, President Biden nominated Judge Ketanji Brown Jackson, from the United States Court of Appeals for the District of Columbia Circuit, to the Supreme Court. From the... 2023    
Shayak Sarkar NEED-BASED EMPLOYMENT 64 Boston College Law Review 119 (January, 2023) Introduction. 120 I. Productivity and Beyond. 127 II. Need-Based Employment in Practice. 131 A. Historical Precedent: Need Through the New Deal's Work Programs. 131 1. Need-Based Employment Before the New Deal. 131 2. Need and the New Deal's Pre-WPA Work Programs. 133 3. Need and the WPA. 135 B. Contemporary Need-Based Employment. 138 1. Federal... 2023    
Kathryn E. Miller NO SENSE OF DECENCY 98 Washington Law Review 115 (March, 2023) Abstract: For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating the evolving standards of decency that mark the progress of a maturing society. In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine... 2023    
Aliza Hochman Bloom OBJECTIVE ENOUGH: RACE IS RELEVANT TO THE REASONABLE PERSON IN CRIMINAL PROCEDURE 19 Stanford Journal of Civil Rights & Civil Liberties 1 (April, 2023) There is overwhelming evidence that an individual's race affects how police treat them during a police encounter, and that Black Americans have substantial cause to worry about the consequences of ignoring or walking away from law enforcement. Accordingly, when courts determine whether a reasonable person feels free to decline, leave, or end an... 2023 African/Black American  
Jennifer C. Nash ON MARCHING KARENS AND METAPHORICAL BLACK WOMEN 34 Yale Journal of Law & Feminism 40 (2023) In 2021, the New York Times published March of the Karens, an article that described a figure who symbolizes all that is wrong with contemporary feminism: Karen. Ligaya Mishan describes Karen as an interfering, hectoring white woman, the self-appointed hall monitor unloosed on the world, so assured of her status in society that she doesn't... 2023 African/Black American Yes
Jamelia Morgan ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY 58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... 2023    
Ruth Colker OVERMEDICALIZATION? 46 Harvard Journal of Law & Gender 205 (Summer, 2023) As we face a state-sanctioned assault on the lives of so many disadvantaged members of our community, we need to better understand the arguments that are used to harm them. The disability justice movement has emphasized how entities can use specious overmedicalization arguments to further these harms. The term overmedicalization refers to the... 2023    
Rona Kaufman PATRIARCHAL VIOLENCE 71 Buffalo Law Review 509 (May, 2023) For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women's inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist... 2023    
Darin E. W. Johnson , Catherine Powell PAULI MURRAY: HUMAN RIGHTS VISIONARY AND TRAILBLAZER 117 AJIL Unbound 37 (2023) While other scholars have discussed Dr. Pauli Murray's remarkable contributions to race and sex equality law, few, if any, have placed her contributions within the context of the broader tradition of human rights law. And yet, she identified herself specifically through this lens, using the terminology and law of human rights, in part shaped by her... 2023    
Bridget J. Crawford PINK TAX AND OTHER TROPES 34 Yale Journal of Law & Feminism 88 (2023) Abstract: Law reform advocates should be strategic in deploying tax tropes. This Article examines five common tax phrases--the nanny tax, death tax, soda tax, Black tax, and pink tax--and demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government... 2023 African/Black American  
Carrie Leonetti PINKERTON GUARDS AND DEBTORS' PRISONS: THE HISTORICAL PRECURSORS TO THE MODERN PRACTICE OF RESTITUTION EXPLOITATION 58 Harvard Civil Rights-Civil Liberties Law Review 273 (Winter, 2023) This Article explores the use of criminal courts and prosecutors' offices to criminalize civil debt disputes and the relationship between the current criminalization regime and the historical use of debtors' prisons to punish individuals from lower socioeconomic status backgrounds and control Black Americans. It documents the rise of civil... 2023 African/Black American  
Maritza I. Reyes PLANNING, EXECUTING, AND DOCUMENTING THE 2022 INAUGURAL GRACIELA OLIVÁREZ LATINAS IN THE LEGAL ACADEMY ("GO LILA") WORKSHOP - A CHAIR'S ACCOUNT AND INTRODUCTION 26 Harvard Latin American Law Review 123 (Spring, 2023) Graciela Olivárez became the first Latina law professor in 1972, thirty-two years after the first Latina was admitted to a state bar in the United States. Fifty years after Graciela Olivárez became a law professor, a group of Latina law professors gathered for the 2022 Inaugural Graciela Olivárez Latinas in the Legal Academy (GO LILA) Workshop.... 2023 Hispanic/Latinx American  
Ndjuoh MehChu POLICING AS ASSAULT 111 California Law Review 865 (June, 2023) From ending qualified immunity, to establishing community control over policing, to eradicating the institution of policing altogether, proposals to remedy the issue of police violence are on everyone's lips. But, in the deep reservoir of proposals, the meaning of police violence has received relatively little attention. How should we think... 2023    
Clare Huntington PRAGMATIC FAMILY LAW 136 Harvard Law Review 1501 (April, 2023) C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... 2023    
Ilse Turner PRAYING FOR A HEALTHY BIRTH, BLACK MOTHERS FIGHTING RACISM EVEN IN THE DELIVERY ROOM 19 Journal of Health & Biomedical Law 175 (2023) Having a baby is one of the most anxiety-inducing experiences in a woman's life. The days leading up to birth are often filled with thoughts such as: will my baby be healthy? Will the doctor be on time? What if I need to have an emergency c-section? Black women, however, face an additional worrying question, will I receive adequate medical care? On... 2023 African/Black American  
Elizabeth Kukura PREGNANCY RISK AND COERCED INTERVENTIONS AFTER DOBBS 76 SMU Law Review 105 (Winter, 2023) Only nine months after the Supreme Court eliminated the federal constitutional right to abortion in Dobbs v. Jackson Women's Health Organization, fourteen states had banned abortion entirely, and experts estimate the ultimate number of states imposing complete or near-complete restrictions on abortion care will likely rise to twenty-four. Millions... 2023    
Nancy S. Marder RACE, PEREMPTORY CHALLENGES, AND STATE COURTS: A BLUEPRINT FOR CHANGE 98 Chicago-Kent Law Review 65 (2023) Peremptory challenges based on race continue to keep some prospective jurors from serving on juries, but several states, including Washington, California, and Arizona, have taken action and are now trying to address this problem. They grew frustrated with the U.S. Supreme Court's test in Batson v. Kentucky, which was an attempt to preserve the... 2023    
Osagie K. Obasogie , Peyton Provenzano RACE, RACISM, AND POLICE USE OF FORCE IN 21ST CENTURY CRIMINOLOGY: AN EMPIRICAL EXAMINATION 69 UCLA Law Review 1206 (January, 2023) Race scholars have voiced concerns about the field of c riminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field's overly positivist approach that privileges white logics that obscure the nuance of race relations to methodological critiques on how the field... 2023    
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023 African/Black American  
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