| Author | Title | Citation | Summary | Year | Ethnicity in Title or Summary | Gender in Title or Summary |
| 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 |
|
|
| 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 |
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
| 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 |
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
| 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 |
|
|
| 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 |
|
| 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 |
|
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
|
| |
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 |
|
| 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 |
|
|
| 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 |
|
| 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 |
|
|
| 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 |
|
|
| Regina Margarita Castillo |
TITLE IX PROTECTION: ON THE BASIS OF PRIVILEGE |
26 Harvard Latin American Law Review 69 (Spring, 2023) |
Sexual discrimination in institutions of higher education is a public health and public safety issue with far-reaching consequences. Despite the passage of Title IX in 1972, there currently exists an epidemic of genderbased violence on college campuses, with approximately 26.4% of women experiencing some form of sexual assault during their time in... |
2023 |
|
|
| Elena S. Meth |
TITLE VII'S FAILURES: A HISTORY OF OVERLOOKED INDIFFERENCE |
121 Michigan Law Review 1417 (June, 2023) |
Nearly sixty years after the adoption of Title VII and over thirty since intersectionality theory was brought into legal discourse by Professor Kimberlé Crenshaw, the U.S. Supreme Court has consistently failed to meaningfully implement intersectionality into its decisionmaking. While there is certainly no shortage of scholarship on... |
2023 |
|
|
| Andrew Foltiny |
TRANSPARENCY AS A PREREQUISITE TO DIVERSITY IN THE SKILLED TRADES |
54 Seton Hall Law Review 241 (2023) |
In September 2022, New Jersey's Division on Civil Rights (DCR) issued a finding of probable cause that Ironworkers Local 11, a construction trade labor union, violated the New Jersey Law Against Discrimination. This finding followed a complaint by a Black union member alleging a series of discriminatory practices: (1) assigning preferential job... |
2023 |
African/Black American |
|
| Ainsley C. Bandrowski |
TWISTED UP: THE ELEVENTH CIRCUIT STANDARD FOR IMMUTABILITY IN EEOC v. CATASTROPHE MANAGEMENT SOLUTIONS |
64 Boston College Law Review E-Supplement 34 (4/6/2023) |
Abstract: On December 13, 2016, in EEOC v. Catastrophe Management Solutions, the United States Court of Appeals for the Eleventh Circuit held that discrimination on the basis of hairstyle is not actionable under Title VII of the Civil Rights Act of 1964, even if that hairstyle is closely associated with a particular race. In doing so, the Court... |
2023 |
|
|
| Tamara Kuennen |
UNCHARTED VIOLENCE: RECLAIMING STRUCTURAL CAUSES IN THE POWER AND CONTROL WHEEL |
55 Arizona State Law Journal 561 (Summer, 2023) |
Introduction. 562 I. The Ubiquity of the Wheel and Oblivion of the Chart. 565 II. The History of the Wheel and Chart. 569 A. Duluth, Minnesota: 1976-1978. 570 B. Ellen Pence. 573 C. The Domestic Abuse Intervention Project--1980. 575 D. The Women's Curriculum: In Our Best Interest. 578 1. The Creation of a Women's Curriculum. 578 2. The Wheel-Chart... |
2023 |
|
|
| Laquala C. Dixon, Ph.D. |
UNDERSTANDING THE INTERLOCKING OPPRESSIVE SYSTEMS WITHIN HIGHER EDUCATION RESTRICTING THE PROFESSIONAL PROGRESSION OF BLACK WOMEN |
20 Hastings Race and Poverty Law Journal 135 (Spring, 2023) |
Ransford and Miller suggested that feelings towards women continue to be greatly impacted by racial oppression both past and current. In a study by Parker and Ogilvy, women of color reported that the greatest barrier to their opportunities within dominant cultural organizations was racism rather than sexism. As workplaces uphold white male... |
2023 |
African/Black American |
Yes |
| Laquala C. Dixon, Ph.D. |
UNDERSTANDING THE INTERLOCKING OPPRESSIVE SYSTEMS WITHIN HIGHER EDUCATION RESTRICTING THE PROFESSIONAL PROGRESSION OF BLACK WOMEN |
34 Hastings Journal on Gender and the Law 135 (Spring, 2023) |
Ransford and Miller suggested that feelings towards women continue to be greatly impacted by racial oppression both past and current. In a study by Parker and Ogilvy, women of color reported that the greatest barrier to their opportunities within dominant cultural organizations was racism rather than sexism. As workplaces uphold white male... |
2023 |
African/Black American |
Yes |
| Muhammad Hamza Habib |
UNDER-TREATMENT OF PAIN IN BLACK PATIENTS: A HISTORICAL OVERVIEW, CASE-BASED ANALYSIS, AND LEGALITIES AS EXPLORED THROUGH THE TENETS OF CRITICAL RACE THEORY |
20 Indiana Health Law Review 63 (2023) |
Pain, also called the fifth vital sign is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when... |
2023 |
African/Black American |
|
| Danielle Pelfrey Duryea , Peggy Maisel , Kelley Saia, MD |
UN-ERASING RACE IN A MEDICAL-LEGAL PARTNERSHIP: ANTIRACIST HEALTH JUSTICE ADVOCACY BY DESIGN |
70 Washington University Journal of Law & Policy 97 (2023) |
[I]t is only by naming racism, asking the question How is racism operating here? and then mobilizing with others to actually confront the system and dismantle it that we can have any significant or lasting impacts on the pervasive racial health disparities that have plagued this country for centuries. --Camara Phyllis Jones, MD, MPH, PhD This... |
2023 |
|
|
| Jocelyn Getgen Kestenbaum , Caroline Bishop LaPorte |
UNSETTLING HUMAN RIGHTS CLINICAL PEDAGOGY AND PRACTICE IN SETTLER COLONIAL CONTEXTS |
31 American University Journal of Gender, Social Policy and the Law 441 (2023) |
Abstract. 442 I. Introduction. 443 II. Critiques of International Human Rights Law, Pedagogy & Practice. 453 A. International Human Rights Law. 454 B. Law School Pedagogy & Practice. 462 III. Incorporating Indigenous Values in Human Rights Clinical Pedagogy & Practice. 466 A. Prioritize Process as Successful Human Rights Practice. 466 B. Reject... |
2023 |
American Indian/Alaskan Native |
|
| Dov Fox , Jill Wieber Lens |
VALUING REPRODUCTIVE LOSS |
112 Georgetown Law Journal 61 (October, 2023) |
Our legal system characterizes the unborn in a multiplicity of conflicting ways--from persons to property, from body parts to medical investments. The law of civil wrongs is instructive. It weighs in when misconduct deprives aspiring parents of the child they had hoped to have, whether the transgression takes place during pregnancy or before it.... |
2023 |
|
|
| Heather Tanana |
VOICES OF THE RIVER: THE RISE OF INDIGENOUS WOMEN LEADERS IN THE COLORADO RIVER BASIN |
34 Colorado Environmental Law Journal 265 (Spring, 2023) |
Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions--formally... |
2023 |
American Indian/Alaskan Native |
Yes |
| Catherine Powell |
WAR ON COVID: WARFARE AND ITS DISCONTENTS |
70 UCLA Law Review Discourse 2 (2023) |
L1-2TABLE OF CONTENTS Introduction. 4 I. Wartime Framework: Presidential Overreach and Underreach. 10 A. Presidential Rhetoric: Using a War Framing for the COVID-19 Crisis. 10 B. Presidential Power and Legal Authority. 12 C. Executive Underreach and Overreach. 14 D. Executive Underreach and Overreach during the Trump Administration. 15 E. Executive... |
2023 |
|
|
| Hon. John G. Browning, Dannielle Thompson |
WHAT'S PAST IS PROLOGUE: POSTHUMOUS BAR ADMISSIONS AND RESTORATIVE JUSTICE |
S. 17 Southern Journal of Policy and Justice 18 Just. (Spring, 2023) |
On January 5, 2022, Louisiana Governor John Bel Edwards took the historic step of issuing a posthumous pardon to Homer Plessy, the Black man whose conviction for challenging the state's Separate Car Act of 1890 set the stage for the U.S. Supreme Court's infamous 1896 separate but equal decision in Plessy v. Ferguson. Although that holding and its... |
2023 |
African/Black American |
|
| Alexis Hoag-Fordjour |
WHITE IS RIGHT: THE RACIAL CONSTRUCTION OF EFFECTIVE ASSISTANCE OF COUNSEL |
98 New York University Law Review 770 (June, 2023) |
The legal profession is and has always been white. Whiteness shaped the profession's values, culture, and practice norms. These norms helped define the profession's understanding of reasonable conduct and competency. In turn, they made their way into constitutional jurisprudence. This Article interrogates the role whiteness plays in determining... |
2023 |
|
|
| Sonia M. Suter , The George Washington University Law School, Washington, DC, USA |
WHY REASON-BASED ABORTION BANS ARE NOT A REMEDY AGAINST EUGENICS: AN EMPIRICAL STUDY |
10 Journal of Law & the Biosciences 1 (January-June, 2023) |
In Box v Planned Parenthood, Justice Thomas wrote an impassioned concurrence describing abortions based on sex, disability or race as a form of modern-day eugenics'. He defended the challenged Indiana reason-based abortion (RBA) ban as a necessary antidote to these practices. Inspired by this concurrence, legislatures have increasingly enacted... |
2023 |
American Indian/Alaskan Native |
|
| Logan K. Jackson |
WILLFUL DISREGARD: HOW IGNORING STRUCTURAL RACISM IN MATERNAL MORTALITY HAS LED BLACK WOMEN TO BECOME INVISIBLE IN THEIR OWN CRISIS |
38 Berkeley Journal of Gender, Law & Justice 131 (2023) |
Indeed, in important respects, if the general discourse that surrounds racial disparities in maternal mortality is impoverished, then we should expect that the solutions that observers propose to this problem will be impoverished as well. Introduction. 132 I. The Historical Legacy of Slavery on Black Women's Reproductive Health and Autonomy. 134 A.... |
2023 |
African/Black American |
Yes |
| Keith D. Yamauchi |
WITHOUT DUE PROCESS: THE EAGLE AND THE BEAVER THE PAST, THE PRESENT |
30 Asian American Law Journal 3 (2023) |
This Article considers the racism that persons of East Asian ancestry faced when they arrived in North America. The racism was systemic. It was legislated, and courts frequently upheld the legislation. This discrimination led to the evacuation and internment of Canadians and Americans of Japanese ancestry during World War II. Was this the... |
2023 |
Asian American |
|
| Mary Saade |
WOMEN & WHISTLEBLOWING |
34 Hastings Journal on Gender and the Law 43 (Winter, 2023) |
As more women in the United States take on leadership positions in the public and private sector, we have seen an influx of women whistleblowers. This Note examines whistleblower laws through a gender lens and offers insight to reveal why women blow the whistle, how women approach whistleblowing situations, and the effect current whistleblower laws... |
2023 |
African/Black American |
Yes |
| Sonia M. Gipson Rankin |
WOULD YOU MAKE IT TO THE FUTURE? TEACHING RACE IN AN ASSISTED REPRODUCTIVE TECHNOLOGIES AND THE LAW CLASSROOM |
56 Family Law Quarterly 1 (2022-2023) |
Would you make it to the future? For the last five years, I have started my Assisted Reproductive Technology (ART) lecture in Family Law with this question. Students take the query seriously. They ponder their lived experiences such as home training, medical history, education, financial well-being, personality traits, work ethic, and social graces... |
2023 |
|
|