| Author | Title | Citation | Summary | Year | Ethnicity in Title or Summary | Gender in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
|
| Jennifer S. Hunt , Stephane M. Shepherd |
RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS |
47 Law and Human Behavior 1 (February, 2023) |
Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... |
2023 |
African/Black American |
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| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
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| Nantiya Ruan |
RACIAL PAY EQUITY IN "WHITE" COLLAR WORKPLACES |
88 Brooklyn Law Review 519 (Winter, 2023) |
The racial wealth gap in America is wide and persistent. Long-standing and substantial wealth disparities between households in different racial and ethnic groups are simply staggering. In 2019, the typical White Family ha[d] eight times the wealth of the typical Black family and five times the wealth of the typical Hispanic family. Tellingly,... |
2023 |
Multiple Groups |
|
| Yuvraj Joshi |
RACIAL TIME |
90 University of Chicago Law Review 1625 (October, 2023) |
Racial time describes how inequality shapes people's experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon,... |
2023 |
African/Black American |
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| Alisha Desai, Ryan Holliday, Lauren M. Borges, Rocky Mountain Mental Illness Research, Education, and Clinical Center for Suicide Prevention, U.S. Department of Veterans Affairs |
RACIAL, ETHNIC, AND SEX DIFFERENCES IN PSYCHIATRIC DIAGNOSIS, MENTAL HEALTH SEQUELAE, AND VHA SERVICE UTILIZATION AMONG JUSTICE-INVOLVED VETERANS |
47 Law and Human Behavior 260 (February, 2023) |
Objective: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g.,... |
2023 |
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| Nancy E. Dowd |
REAL CHOICE: ABORTION RIGHTS RECONSTRUCTION |
53 Seton Hall Law Review 1641 (6/12/2023) |
Beginning in 1965 with the revolutionary era of the emergence of widespread access to birth control and abortion, coupled with social acceptance of non-marital sex and parenthood, American women and men experienced a radical change in the scope of their personal freedom. Whether that freedom was actual rather than theoretical varied by class and... |
2023 |
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| Yucheng (Renee) Jiang |
REASONABLE ACCOMMODATION AND DISPARATE IMPACT: CLEAN SHAVE POLICY DISCRIMINATION IN TODAY'S WORKPLACE |
51 Journal of Law, Medicine & Ethics 185 (Spring, 2023) |
Keywords: Grooming Policy Discrimination, Hair Discrimination, Clean Shave Policy, Racial Discrimination, Disability Discrimination Abstract: This article examines Bey v. City of New York--a recent Second Circuit case where four Black firefights suffering from Pseudofolliculitis Barbae (a skin condition causing irritation when shaving which mostly... |
2023 |
African/Black American |
|
| Athena D. Mutua |
REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH |
100 Denver Law Review 553 (Spring, 2023) |
Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... |
2023 |
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| Benjamin M. Gerzik |
REFORGING THE MASTER'S TOOLS: CRITICAL RACE THEORY IN THE FIRST-YEAR CURRICULUM |
76 SMU Law Review Forum 34 (May, 2023) |
This Article examines why and how critical race theory (CRT) should be taught as a mandatory component of the first-year law school curriculum. Learning the fundamentals of critical race theory is not only important to empathetically understand and serve those around you, but necessary to understand the law as it is. The law's past and future... |
2023 |
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| Beth Caldwell |
REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP |
98 Washington Law Review 787 (October, 2023) |
Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... |
2023 |
Multiple Groups |
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| Shirley LaVarco |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FROM A TRANSFORMATIVE JUSTICE PERSPECTIVE: DECARCERATION AND FINANCIAL REPARATIONS FOR CRIMINALIZED SURVIVORS OF SEXUAL AND GENDER-BASED VIOLENCE |
98 New York University Law Review 912 (June, 2023) |
While the Violence Against Women Act (VAWA) has long been venerated as a major legislative victory for those subjected to sexual and gender-based violence (S/GBV), VAWA is less often understood as the funding boon that it is for police, prosecutors, and prisons. A growing literature on the harms of carceral feminism has shown that VAWA has never... |
2023 |
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Yes |
| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2023 |
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| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
American Indian/Alaskan Native |
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| Elizabeth Kukura |
RETHINKING THE INFRASTRUCTURE OF CHILDBIRTH |
91 UMKC Law Review 497 (Spring, 2023) |
It is notoriously difficult to get the public--and the lawmakers who represent them--to be enthusiastic about infrastructure projects. Infrastructure is often invisible, at least until something goes wrong, making it harder to appreciate the benefits of investing in infrastructure until the water main bursts or the bridge becomes structurally... |
2023 |
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| Cecilia Landor |
RIGHT TO INFORMED CONSENT, RIGHT TO A DOULA: AN EVIDENCE-BASED SOLUTION TO THE BLACK MATERNAL MORTALITY CRISIS IN THE UNITED STATES |
30 Michigan Journal of Gender & Law 61 (2023) |
This Note seeks to build on existing research about how to improve childbirth in the United States for women, particularly for Black women, given the United States' extremely high maternal mortality rate. Through examining the history and characteristics of American and Western childbirth, it seeks to explore how the current birth framework... |
2023 |
African/Black American |
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| Angela Onwuachi-Willig |
ROBERTS'S REVISIONS: A NARRATOLOGICAL READING OF THE AFFIRMATIVE ACTION CASES |
137 Harvard Law Review 192 (November, 2023) |
In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are mere recitations of facts and legal principles applied to those facts; they are the end result of a contest between opposing sides that have brought the parties to an objective truth through a lawsuit. In these scholars' eyes,... |
2023 |
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| Benjamin G. Davis |
SANCTIMONIOUS BARBARITY: THE FORCED PREGNANCY ALITO DOBBS OPINION |
33 Indiana International & Comparative Law Review 423 (2023) |
[International Law will] follow you down 'til the sound of its voice will haunt you. [You'll] Never get away. --Adapted from Silver Springs, Fleetwood Mac and apologies to Stevie Nicks. The Alito Opinion in the United States Supreme Court case Dobbs v. Jackson Women's Health Organization overruling Roe v. Wade encourages forced pregnancy and,... |
2023 |
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| Naomi Murakawa |
SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS |
69 UCLA Law Review 1430 (September, 2023) |
Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... |
2023 |
African/Black American |
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| Halley Townsend |
SECOND MIDDLE PASSAGE: HOW ANTI-ABORTION LAWS PERPETUATE STRUCTURES OF SLAVERY AND THE CASE FOR REPRODUCTIVE JUSTICE |
25 University of Pennsylvania Journal of Constitutional Law 187 (March, 2023) |
To celebrate freedom and democracy while forgetting America's origins in a slavery economy is patriotism à la carte. In the 1850s, a slave woman named Celia was raped by her owner and forced to bear his children. The same situation is playing out in present-day abortion prohibition states thanks to the Supreme Court's decision in Dobbs v. Jackson... |
2023 |
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| Inès Zamouri |
SELF-DEFENSE, RESPONSIBILITY, AND PUNISHMENT: RETHINKING THE CRIMINALIZATION OF WOMEN WHO KILL THEIR ABUSIVE INTIMATE PARTNERS |
30 UCLA Journal of Gender & Law 203 (Summer, 2023) |
C1-2Table of Contents Introduction. 204 I. Accommodation of Victims/Survivors within Available Criminal Defenses. 211 A. The Self-Defense Doctrine. 212 1. Imminence. 213 2. Reasonableness. 215 3. Proportionality. 218 4. Implicit Biases in Self-Defense. 219 B. Battered Woman Syndrome Testimony. 221 1. Contours and Relevance in the Legal Context. 221... |
2023 |
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Yes |
| Mollie Goldfarb |
SERVING (IN)JUSTICE: THE ILLS OF A FEDERAL AMERICAN INDIAN PROSECUTORIAL POWER |
15 Washington University Jurisprudence Review 361 (2023) |
It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... |
2023 |
American Indian/Alaskan Native |
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| Samuel Vincent Jones |
SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? |
56 UIC Law Review 627 (Winter 2023) |
It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... |
2023 |
African/Black American |
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| Christopher R. Rossi |
SHADINGS OF NUANCE: CONTEXTUALIZING A "CONVERGENCE OF OPINION" REGARDING A RIVER LOCATED IN THE IMAGINARIUM OF THE WESTERN MIND |
23 Wyoming Law Review 153 (2023) |
I. Introduction: The Meaning of a Dispute. 153 II. Water Theft: A Problem of Periodization. 157 III. Spatiality in the Americas: The Line-Drawing of Conquest. 162 IV. Deserts: The Imaginarium of Emptiness. 166 V. Conclusion: Water--A Point of Convergence?. 170 |
2023 |
Hispanic/Latinx American |
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| Nicolle Londoño-Rosado |
SILENCIO: THE HISPANIC/LATINO RETICENT APPROACH TO RACISM |
17 Florida A & M University Law Review 161 (Spring, 2023) |
C1-2Table of Contents Introduction. 163 I. Racism Against Latinos. 165 A. Mexican-American War. 165 B. Latino Lynching. 166 II. Theoretical View On Latino Silence. 169 A. Educational Institutions. 169 B. Political Processes. 172 C. Media Coverage. 174 D. Assimilation. 176 E. Cultural Aspect. 179 III. The Study. 180 A. Findings. 181 Conclusion. 182 |
2023 |
Hispanic/Latinx American |
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| Paul Butler |
SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM |
121 Michigan Law Review 1071 (April, 2023) |
Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell. New York: Astra House. 2021. Pp. 288. Cloth, $28. Paper, $18. Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson. New York: New York University Press. 2022. Pp. 312. $45. Black women are guiding... |
2023 |
African/Black American |
Yes |
| Adjoa A. Aiyetoro |
SOCIAL CONSTRUCTION OF RACE UNDERGIRDS RACISM BY PROVIDING UNDUE ADVANTAGES TO WHITE PEOPLE, DISADVANTAGING BLACK PEOPLE AND OTHER PEOPLE OF COLOR, AND VIOLATING THE HUMAN RIGHTS OF ALL PEOPLE OF COLOR |
94 University of Colorado Law Review 415 (Spring, 2023) |
INTRODUCTION. 416 I. The Social Construction of Race and White Supremacy. 419 II. The Lethal Nature of the Construction of the Racial Hierarchy and White Supremacy. 426 A. Slavery. 426 B. Post Slavery Violence and Terrorism: The Tulsa Race Massacre. 428 C. Ending the Human and Structural Internalization of the Lie of a Racial Hierarchy and White... |
2023 |
African/Black American |
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| Sonja Starr |
STATISTICAL DISCRIMINATION |
58 Harvard Civil Rights-Civil Liberties Law Review 579 (Summer, 2023) |
The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care... |
2023 |
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| Keina Yoshida |
STRATEGIC HUMAN RIGHTS LITIGATION: A FEMINIST REFLECTION |
34 Yale Journal of Law & Feminism 105 (2023) |
In 2012, I was lucky enough to attend a Black feminist event at the Trafford Rape Crisis Centre in Manchester, United Kingdom, where Kimberlé W. Crenshaw and Sara Ahmed spoke about intersectional feminism. Ahmed explained that she often turns to the work of Audre Lorde as a feminist lifeline. Lifelines can be anything or perhaps it is always... |
2023 |
African/Black American |
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| Michael J. Gerhardt |
SUPREME MYTH BUSTING: HOW THE SUPREME COURT HAS BUSTED ITS OWN MYTHS |
2023 Wisconsin Law Review 603 (2023) |
This Essay challenges various myths of the Supreme Court, including the myth of the Supreme Court as the only branch in the federal government capable of neutral, non-partisan, juridical interpretations of the Constitution. Through various means, I show how the Supreme Court fails to live up to that myth, especially in its failure to abide by the... |
2023 |
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| John P. LaVelle |
SURVIVING CASTRO-HUERTA: THE HISTORICAL PERSEVERANCE OF THE BASIC POLICY OF WORCESTER v. GEORGIA PROTECTING TRIBAL AUTONOMY, NOTWITHSTANDING ONE SUPREME COURT OPINION'S ERRANT NARRATIVE TO THE CONTRARY |
74 Mercer Law Review 845 (Spring, 2023) |
I. Introduction. 846 II. Oklahoma v. Castro-Huerta: Facts, Proceedings, and Divergent Majority and Dissenting Opinions. 849 III. Castro-Huerta's Power Play: Forging a False Historical Narrative to Uproot Worcester and Expand State Authority in Indian Country. 851 A. Key Precedents Misrepresented and Misapplied. 851 1. Worcester v. Georgia (1832).... |
2023 |
American Indian/Alaskan Native |
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