Author | Title | Citation | Summary | Year | Ethnicity in Title or Summary | Gender in Title or Summary |
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 |
|
Roy L. Brooks |
SYMPOSIUM INTRODUCTION: WALKING WITH DESTINY |
60 San Diego Law Review 455 (August-September, 2023) |
C1-2Table of Contents I. Introduction. 455 II. Redress Frames. 461 A. Models of Redress. 462 B. Forms of Reparations. 465 C. Transitional Justice. 466 III. The Interim Report. 468 IV. Framing the Interim Report. 471 V. Conclusion. 478 |
2023 |
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Brenda D. Gibson |
TEACHING IN THE MIDST OF TRAUMA |
27 Legal Writing: The Journal of the Legal Writing Institute 251 (2023) |
After giving a talk on Teaching in Times of Uncertainty, I decided to write an essay that more closely reflected my personal experiences in the legal academy during the past two years: Teaching in the Midst of Trauma. As an African-American woman, who had just lost my mother (for whom I had been a caregiver in my home for ten years) and moved... |
2023 |
African/Black American |
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Tess Bissell |
TEACHING IN THE UPSIDE DOWN: WHAT ANTI-CRITICAL RACE THEORY LAWS TELL US ABOUT THE FIRST AMENDMENT |
75 Stanford Law Review 205 (January, 2023) |
Abstract. Since January 2021, forty-two states have introduced anti-critical race theory (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader... |
2023 |
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Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... |
2023 |
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Sarah Schindler, Kellen Zale |
THE ANTI-TENANCY DOCTRINE |
171 University of Pennsylvania Law Review 267 (January, 2023) |
The law has failed tenants. A range of distinct legal doctrines, coupled with structural inequities, systematically disadvantage tenants in previously unrecognized ways. This Article identifies a new way of looking at this pattern of collective impediments to tenants' rights, wealth, and power, which we call the Anti-Tenancy Doctrine. This... |
2023 |
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Duncan Kennedy |
THE BITTER IRONIES OF WILLIAMS v. WALKER-THOMAS FURNITURE CO. IN THE FIRST YEAR LAW SCHOOL CURRICULUM |
71 Buffalo Law Review 225 (April, 2023) |
This Article is about the famous contracts case of Williams v. Walker-Thomas Furniture Company, decided in 1965 in the U.S. Court of Appeals for the District of Columbia with an opinion by Judge J. Skelly Wright. Ora Lee Williams, the appellant, was Black and, according to the brief, was a person of limited education and separated from her husband... |
2023 |
African/Black American |
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Gregory S. Parks , Etienne C. Toussaint |
THE COLOR OF LAW REVIEW |
103 Boston University Law Review 181 (February, 2023) |
Of the approximately sixty-five Black law review Editors-in-Chief (EICs) throughout U.S. history, at least thirty-eight--more than half--were elected in the past ten years. What inspired the dramatic increase in the diversity of law review leadership in recent history, and why has it taken so long? This question--what this Article calls law... |
2023 |
African/Black American |
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Verónica C. Gonzales-Zamora |
THE COVID CEILING |
39 Chicana/o-Latina/o Law Review 105 (2023) |
Throughout the pandemic, Mother-Scholars, one of many types of super-moms, have persisted despite the burdens of gender inequity in academia and the challenges of bearing the bulk of the domestic duties at home. The deep networks of help and social capital, referred to as familismo in Latina/x/o parenting discourse, that have historically helped... |
2023 |
Hispanic/Latinx American |
|
LaToya Baldwin Clark |
THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS |
132 Yale Law Journal 2139 (May, 2023) |
In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... |
2023 |
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Aya Gruber |
THE CRITIQUE OF CARCERAL FEMINISM |
34 Yale Journal of Law & Feminism 55 (2023) |
Few scholarly arguments incense self-identified feminists--especially prominent ones--as much as the claim that feminism contributed to the racist, inhumane, and overbroad American penal system. Over the years, scholars from outside and within feminism have offered various historical, philosophical, and genealogical analyses of the feminist... |
2023 |
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Kaley McDowell |
THE FIGHT FOR ACCOUNTABILITY: WHY REPRODUCTIVE JUSTICE IS THE NEXT STEP IN ABORTION RIGHTS |
44 Women's Rights Law Reporter 186 (Spring/Summer, 2023) |
On June 24, 2022, the Supreme Court officially ruled in Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade and Casey v. Planned Parenthood and remove the limited federal protections on the right to have an abortion. The decision in Dobbs in addition to removing federal protection from abortions, has thrown into question other... |
2023 |
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Kathryn A. Sabbeth, Jessica K. Steinberg |
THE GENDER OF GIDEON |
69 UCLA Law Review 1130 (January, 2023) |
This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of... |
2023 |
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Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
American Indian/Alaskan Native |
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Serena Mayeri |
THE INTERSECTIONAL ORIGINS OF MODERN FEMINIST LEGAL ADVOCACY |
34 Yale Journal of Law & Feminism 6 (2023) |
Intersectionality, reproductive justice, abolitionism, LGBTQ+ liberation, and democracy defense have moved to the center of twenty-first century feminist legal thought and advocacy, with feminists of color and queer scholars and activists at the forefront. But it wasn't always so. Or was it? We often have imagined the trajectory of late... |
2023 |
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Kathy Rong Zhou |
THE LAST BLACK TOBACCO UNION: LOCAL 208, SEGREGATED SENIORITY, AND THE INTEGRATING SOUTH |
73 Duke Law Journal 209 (October, 2023) |
After federal reforms in the 1930s protected the right to organize, the Tobacco Workers International Union made quick work of mobilizing the American South. Its unions, though segregated, made strides. Yet Black unions' collective bargaining gains could not transcend one of the South's most oppressive employment practices: segregated systems for... |
2023 |
African/Black American |
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Rose Holden Vacanti Gilroy |
THE LAW OF ASSISTED REPRODUCTIVE TECHNOLOGIES FOR LGBTQ+ PARENTS: A RECOGNITION REGIME OF FAMILY LAW BUILT IN OPPOSITION TO THE REGULATORY REGIME |
38 Berkeley Journal of Gender, Law & Justice 109 (2023) |
Introduction. 109 I. Parentage in Opposition. 115 A. Race, Racism, and Parentage. 115 B. Wealthy Parents vs. Impoverished Parents. 119 C. Children as Success vs. Children as Failure. 122 D. Married Parents vs. Unmarried Parents. 124 II. Intended Parents and the Weaponization of Parentage. 126 A. Intent-Based Parentage Through Voluntary... |
2023 |
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Mark S. Brodin |
THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE |
106 Marquette Law Review 593 (Spring, 2023) |
White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... |
2023 |
African/Black American |
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Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
Asian American |
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Leilani Stacy |
THE MOVEMENT FOR BLACK LIVES: A CASE STUDY OF CONSTITUTIONAL UNDERSTANDINGS OF QUALIFIED IMMUNITY AND THE ARGUMENT FOR A LEGISLATED CONSTITUTION |
32 Southern California Review of Law & Social Justice 201 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 202 II. A BRIEF HISTORY OF QUALIFIED IMMUNITY JURISPRUDENCE AND RECENT CALLS FOR ITS END. 205 III. AN OVERVIEW OF BLM AS A SOCIAL MOVEMENT AND POSITION ON QUALIFIED IMMUNITY. 209 IV. EXISTING THEORIES OF SOCIAL MOVEMENTS' INFLUENCE ON THE CONSTITUTION. 213 A. Frameworks to Help Guide an Understanding of the... |
2023 |
African/Black American |
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Megan Buechler |
THE NEVER-ENDING DROUGHT FOR BLACK FARMERS: THE LASTING EFFECTS OF PIGFORD AND THE CONTINUANCE OF USDA DISCRIMINATION |
61 University of Louisville Law Review 223 (Spring, 2023) |
The government may have admitted guilt and wrote a check but that is not what these farmers wanted. They wanted to be heard. They wanted their stories to be told, they wanted to protect future generations, Black and White, from ever letting this happen again. --Greg A. Francis Forty acres and a mule--William Sherman promised this redistribution... |
2023 |
African/Black American |
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Daniel Jefferson |
THE ROOTS OF THE PROBLEM: HOW THE CROWN ACT COULD REMEDY THE INADEQUACIES OF TITLE VII HAIR DISCRIMINATION PROTECTIONS IN THE ENTERTAINMENT INDUSTRY |
17 Florida A & M University Law Review 185 (Spring, 2023) |
C1-2Table of Contents Introduction. 185 I. Historical Background: Fighting Hair Discrimination Through the Eras. 187 A. The History of Hair Discrimination. 187 B. Hair Discrimination in the Entertainment Industry. 188 C. Title VII Unwrapped. 190 D. The Origin of the Crown Act. 194 II. Analysis: How the Crown Act Will Provide Additional Protections... |
2023 |
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Yvette N.A. Pappoe |
THE SCARLET LETTER "E": HOW TENANCY SCREENING POLICIES EXACERBATE HOUSING INEQUITY FOR EVICTED BLACK WOMEN |
103 Boston University Law Review 269 (February, 2023) |
The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of... |
2023 |
African/Black American |
Yes |
Heather Swadley |
THE STRUCTURAL HARMS OF PROVIDING MENTAL HEALTH SERVICES THROUGH THE BIPARTISAN SAFER COMMUNITIES ACT |
102 Nebraska Law Review 52 (2023) |
Many have proclaimed that the Bipartisan Safer Communities Act is the most sweeping gun control legislation to be passed in decades. However, the bill is not primarily a gun control bill--instead, much of the Act seeks to improve mental health services in hopes of preventing gun violence. Such a move is not rooted in established evidence, which... |
2023 |
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Amanda Trau |
THE SUPERFICIAL APPLICATION OF ORIGINALISM IN DOBBS: COULD A MORE COMPREHENSIVE APPROACH PROTECT ABORTION RIGHTS? |
50 Fordham Urban Law Journal 867 (April, 2023) |
Introduction. 868 I. Relevant Background. 873 A. Abortion Jurisprudence Through History. 873 1. Roe v. Wade. 874 2. Planned Parenthood of Southeastern Pennsylvania v. Casey. 876 3. Gonzales v. Carhart. 877 B. Originalism's Origin and Purpose. 879 II. Results-Oriented Originalism. 881 A. Dobbs v. Jackson Women's Health Organization. 882 B.... |
2023 |
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THE TRUTHS OF THE MATTER |
111 Illinois Bar Journal 20 (February, 2023) |
Illinois attorneys and judges reflect on race within the context of their careers. IN COMMEMORATION OF BLACK HISTORY MONTH, THE ILLINOIS BAR JOURNAL asked several leaders in the ISBA and Illinois legal community to contribute mini essay focusing on a topic of their choosing pertaining to race and the law. As for topics, the IBJ listed several... |
2023 |
African/Black American |
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Emily Suski |
THE TWO TITLE IXS |
101 North Carolina Law Review 403 (January, 2023) |
Title IX, a law that mandates equality, operates unequally. Title IX prohibits sex discrimination of all forms, including sexual harassment, in public schools. When students assert Title IX sexual harassment claims, one standard exists for determining Title IX's violation. The Supreme Court held that schools violate Title IX when they respond with... |
2023 |
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Lisa Avalos |
THE UNDER-POLICING OF CRIMES AGAINST BLACK WOMEN |
73 Case Western Reserve Law Review 795 (Spring, 2023) |
It is well known that over-policing has a severe adverse impact on communities of color. What is less well known is that over-policing is accompanied by a corollary--a pervasive and systemic under-policing of violence against women of color. The refusal to see women of color as victims of crime who are worthy recipients of justice, and the tendency... |
2023 |
African/Black American |
Yes |
Evangelic Nicolette-Lovelei Schuhmeier |
THE WEIGHT OF A LEADER WITH A HEART MADE OF GOLD: AUTHOR'S NOTE & POEM |
44 University of La Verne Law Review 10 (Fall, 2023) |
The inspiration behind my poem, The Weight of a Leader with a Heart Made of Gold, comes from my experiences as a Black woman in leadership. It is not uncommon for Black women to feel as if they must make others comfortable when in a group setting. As a young Black woman, I struggled with speaking my truth and being a true advocate in a society... |
2023 |
African/Black American |
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Darren Lenard Hutchinson |
THINLY ROOTED: DOBBS, TRADITION, AND REPRODUCTIVE JUSTICE |
65 Arizona Law Review 385 (Summer, 2023) |
In Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent... |
2023 |
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Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman |
TITLE IX AND "MENSTRUATION OR RELATED CONDITIONS" |
30 Michigan Journal of Gender & Law 25 (2023) |
Title IX of the Education Amendments Act of 1972 (Title IX) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define sex to include discrimination on the basis of menstruation or related conditions such as perimenopause and... |
2023 |
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