| Author | Title | Citation | Summary | Year | Gender in Title or Summary | Ethnicity in Title |
| Larry J. Pittman |
ARBITRATION AND FEDERAL REFORM: RECALIBRATING THE SEPARATION OF POWERS BETWEEN CONGRESS AND THE COURT |
80 Washington and Lee Law Review 893 (Spring, 2023) |
In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act (FAA) as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads, co-opted the FAA by disregarding Congress's intent... |
2023 |
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| Greta LaFleur |
AT THE CROSSROADS OF THEORY AND PRACTICE |
34 Yale Journal of Law & Feminism 98 (2023) |
This special issue fittingly concludes with mediations from a diverse group of advocates and practitioners on what relationship exists--or should exist-- between feminist legal theory, on the one hand, and the practice of legal advocacy, on the other. Focusing on how feminist prerogatives guide how movements make use of, or eschew, the law, the... |
2023 |
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| Timothy D. Intelisano |
BEATING JUSTICE: CORPORAL PUNISHMENT IN AMERICAN SCHOOLS AND THE EVOLVING MORAL CONSTITUTION |
29 William and Mary Journal of Race, Gender, and Social Justice 745 (Spring, 2023) |
This Note will discuss the Supreme Court's holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students... |
2023 |
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African/Black American |
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
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American Indian/Alaskan Native |
| Michael Z. Green |
BLACK AND BLUE POLICE ARBITRATION REFORMS |
84 Ohio State Law Journal 243 (2023) |
The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power... |
2023 |
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African/Black American |
| BeKura W. Shabazz , Lisa Sangoi |
BLACK FEMINIST THOUGHT GROUNDS AND CENTERS US: A REFLECTION BY TWO ACTIVISTS AND LEGAL WORKERS |
34 Yale Journal of Law & Feminism 122 (2023) |
Working in and around the law for the past several years, we became acutely aware of--have felt in our bones--a certain paradox in the law: how legal resources and opportunities to shape the law are completely unavailable to the vast majority of people in the United States, and yet legal structures exert an enormous, tsunami-like force on those... |
2023 |
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African/Black American |
| Chaz Arnett |
BLACK LIVES MONITORED |
69 UCLA Law Review 1384 (September, 2023) |
The police killing of George Floyd added fuel to the simmering flames of racial injustice in America following a string of similarly violent executions during a global pandemic that disproportionately ravaged the health and economic security of Black families and communities. The confluence of these painful realities exposed deep vulnerabilities... |
2023 |
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African/Black American |
| Tianna N. Gibbs |
CENTERING FAMILY VIOLENCE IN FAMILY LAW AS RACIAL JUSTICE |
30 Virginia Journal of Social Policy and the Law 43 (Spring, 2023) |
Introduction. 44 I. Defining Family Violence to Advance Racial Justice. 47 A. The Meaning of Family. 47 B. The Meaning of Violence. 49 II. Consequences of Excluding Structure and Difference. 52 III. Centering Family Violence in Family Law to Advance Racial Justice. 55 Conclusion. 55 |
2023 |
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| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
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Multiple Groups |
| Ming Hsu Chen |
COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP |
44 Cardozo Law Review 945 (February, 2023) |
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... |
2023 |
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Multiple Groups |
| Jennifer Smith |
COLORISM: SHADES OF FREEDOM: THE LEGAL IMPLICATIONS OF COLORISM IN THE UNITED STATES JUSTICE SYSTEM |
32 Southern California Review of Law & Social Justice 283 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 284 II. COLORISM: HER LIFE AS A DARK-SKINNED BLACK WOMAN IN THE UNITED STATES. 286 III. BIRTH OF COLORISM. 293 IV. COLORISM LAWS AND CASES. 299 A. Colorism Cases Under Civil Rights Legislation. 300 B. Colorism Cases Under a Batson Challenge. 305 V. COMPLEXITIES OF COLORISM AND THE CIVIL RIGHTS MOVEMENT. 309 A.... |
2023 |
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African/Black American |
| Alexandra L. Klein |
COMMENT: THE PROJECT OF FREEDOM |
80 Washington and Lee Law Review 607 (Winter, 2023) |
Brenna Rosen's Note, Supported Decision-Making and Merciful Health Care Access: Respecting Autonomy at End of Life for Individuals with Cognitive Disabilities, advocates for greater autonomy in making critical decisions about end-of-life care for people with disabilities. Ms. Rosen's outstanding Note illustrates how supported decision-making may... |
2023 |
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| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
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American Indian/Alaskan Native |
| Sooyeon Kang |
CONSTRUCTING COMMUNITY COHESION ORGANICALLY AND STRATEGICALLY |
38 Ohio State Journal on Dispute Resolution 139 (2023) |
I. Introduction II. Divided Community Project (DCP)--Academy Initiative III. Three Communities and the Methodology A. Kenyon College (Gambier, OH) B. City of Bloomington, Indiana C. City of Winston-Salem, North Carolina IV. Lessons Learned and Implementation A. Lessons Learned B. Implementation V. Conclusion Numerous initiatives have emerged in the... |
2023 |
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American Indian/Alaskan Native |
| Pamela A. Izvănariu |
CONTESTING RACIAL WAGES |
30 Georgetown Journal on Poverty Law and Policy 437 (Spring, 2023) |
This Article uses archival research to recover the important work of John P. Davis, the Negro Industrial League (NIL), and the Joint Committee on National Recovery (JCNR) as they fought for a racially just New Deal and substantive equality in the Jim Crow era. Specifically, it analyzes the battle between southern industrialists mobilized against... |
2023 |
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| Eduardo R. Ferrer, Kristin N. Henning |
CRITICAL CLINICAL FRAMES: CENTERING ADOLESCENCE, RACE, TRAUMA, AND GENDER IN PRACTICE-BASED PEDAGOGY |
30 Clinical Law Review 113 (Fall, 2023) |
Notwithstanding the claims to neutrality of the law and the systems and stakeholders who enforce it, social science research and the lived experience of our primarily Black youth clients reinforce how assumptions and biases -- conscious and unconscious -- undermine such claims. These assumptions and biases too often become the frames through which... |
2023 |
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African/Black American |
| Anietie Akpan |
DARK ROOTS: DETANGLING THE NEXUS BETWEEN BLACK HAIRCARE, PUBLIC HEALTH, AND CLEAN BEAUTY EQUITY |
60-FEB Houston Lawyer 24 (January/February, 2023) |
On October 21, 2022, St. Louis resident Jennifer Mitchell filed a mass tort lawsuit in federal court against L'Oreal USA Inc. for the development, marketing, and sale of their chemical hair straightening products, alleging that the use of these products over many years resulted in her diagnosis of uterine cancer in 2018. She has asked the court to... |
2023 |
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African/Black American |
| Amanda Levendowski |
DEFRAGGING FEMINIST CYBERLAW |
38 Berkeley Technology Law Journal 797 (2023) |
In 1996, Judge Frank Easterbrook famously observed that any effort to create a field called cyberlaw would be doomed to be shallow and miss unifying principles. He was wrong, but not for the reason other scholars have stated. Feminism is a unifying principle of cyberlaw, which alternately amplifies and abridges the feminist values of consent,... |
2023 |
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| Robyn M. Powell |
DISABILITY REPRODUCTIVE JUSTICE DURING COVID-19 AND BEYOND |
72 American University Law Review 1821 (June, 2023) |
The United States is experiencing the convergence of two crises threatening the reproductive freedom of people with disabilities and other historically marginalized groups: the COVID-19 pandemic and a rising assault on reproductive rights, including the U.S. Supreme Court's recent Dobbs v. Jackson Women's Health Organization decision. This... |
2023 |
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| Kimberly A. Houser , Kathryn Kisska-Schulze |
DISRUPTING VENTURE CAPITAL: CARROTS, STICKS, AND ARTIFICIAL INTELLIGENCE |
13 UC Irvine Law Review 901 (May, 2023) |
Despite the massive dollars invested each year by Venture Capital (VC) firms, more than two-thirds of the companies they fund will provide zero return. More problematic, less than 3% of VC funds go to female-led startup teams, and less than 1% to racially diverse founders. While many argue that this underrepresentation will work itself out over... |
2023 |
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| Stephen Clowney |
DO FRATERNITIES VIOLATE THE FAIR HOUSING ACT? AN EMPIRICAL STUDY OF SEGREGATION IN THE GREEK ORGANIZATIONS |
41 Yale Law and Policy Review 152 (Spring, 2023) |
Introduction. 153 I. Why Segregation in the Greek System Matters. 160 A. Greeks Dominate the Social Scene. 160 B. The Greeks Dominate Student Government. 164 C. The Greeks Control Access to Alumni Networks. 168 D. A Note on the Structure and Governance of the Greek Community. 169 II. The Greek System is Segregated. 171 A. Methodology. 173 B.... |
2023 |
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| Christopher Stratman, Department of Philosophy and Classics, The University of Texas at San Antonio, San Antonio, TX 78249, USA, *Corresponding author. E-mail: stratman.mind@gmail.com |
ECTOGESTATION AND THE GOOD SAMARITAN ARGUMENT |
10 Journal of Law & the Biosciences 1 (January-June, 2023) |
Philosophical discussions concerning ectogestation are trending. And given that the Supreme Court of the United States overturned Roe v. Wade (1973) and Casey v. Planned Parenthood (1992), questions regarding the moral and legal status of abortion in light of the advent of ectogestation will likely continue to be of central importance in the coming... |
2023 |
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| Barry E. Hill |
ENVIRONMENTAL JUSTICE AND THE TRANSITION FROM FOSSIL FUELS TO RENEWABLE ENERGY |
53 Environmental Law Reporter (ELI) 10317 (April, 2023) |
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country's energy transition from fossil fuels. It examines (1) the resulting need for a resurgence of mining in Indian... |
2023 |
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American Indian/Alaskan Native |
| Vibhuti Ramachandran |
ETHNOGRAPHY AT AN INTERSECTION: LAW, ANTI-TRAFFICKING NGOS, AND PROSTITUTION IN INDIA |
48 Law and Social Inquiry 67 (February, 2023) |
For a legal anthropologist interested in how different agents and forms of governance shape projects of sexual humanitarianism, the strategies that US-funded non-governmental organizations (NGOs) use in their attempts to reframe an Indian anti-prostitution law as an anti-trafficking instrument generate broader conceptual questions. How do Indian... |
2023 |
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American Indian/Alaskan Native |
| S. Lisa Washington |
FAMMIGRATION WEB |
103 Boston University Law Review 117 (February, 2023) |
A growing body of scholarship examines the expansive nature of the criminal legal system. What remains overlooked are other parts of the carceral state with similarly punitive logics and impacts. To begin filling this gap, this Article focuses on the convergence of the family regulation and immigration systems. This Article examines how the... |
2023 |
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| Rona Kaufman |
FEMINIST LEGAL THEORY AND STONE'S PANES OF THE GLASS CEILING |
17 FIU Law Review 771 (Spring, 2023) |
I. Introduction. 771 II. Part I: The Modern Women's Movement. 784 A. The Evolutionary and Revolutionary Phases of Women's Employment. 791 III. Part II: Stone's Panes. 794 A. We See You Differently Than We See Men. 795 B. We Expect You to Take Your (Verbal) Punches Like a Man. 796 C. Accept Locker Room and Sexist Talk. 797 D. You Don't... |
2023 |
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| 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 |
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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 |
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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 |
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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 |
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| 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 |
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| 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 |
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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 |
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African/Black American |
| 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 |
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| 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 |
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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 |
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| 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 |
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| 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 |
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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 |
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| 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 |
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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 |
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| 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 |
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| 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 |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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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 |
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Hispanic/Latinx American |