| Author | Title | Citation | Summary | Year | Ethnicity in Title or Summary | Gender in Title or Summary |
| Laura Briggs |
HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY |
56 Connecticut Law Review 1121 (May, 2024) |
In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... |
2024 |
American Indian/Alaskan Native |
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| Andrew B. Reid |
HAALAND v. BRACKEEN: THE INDIAN CHILD WELFARE ACT, STATES' RIGHTS, AND THE SURVIVAL OF AMERICA'S FIRST PEOPLES AND NATIONS |
101 Denver Law Review 349 (Winter, 2024) |
At the end of its 2023 term, the United States Supreme Court issued a long-awaited decision on the Indian Child Welfare Act, Haaland v. Brackeen. The Court was presented with the direct conflict between three well-established bodies of constitutional law: (1) the right of individuals against racial discrimination, (2) the rights reserved by the... |
2024 |
American Indian/Alaskan Native |
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| Amanda Levendowski |
HARD TRUTHS ABOUT "SOFT IP" |
124 Columbia Law Review Forum 102 (8/5/2024) |
People routinely refer to copyright and trademark as soft IP to distinguish these practices from another area of intellectual property: patent. But the term reflects implicit biases against copyright and trademark doctrine and practitioners. Soft IP implies that patent law alone is hard, even though patents are no more physically,... |
2024 |
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| Jordana R. Goodman , Paul R. Gugliuzza , Rachel Rebouché |
INEQUALITY ON APPEAL: THE INTERSECTION OF RACE AND GENDER IN PATENT LITIGATION |
58 U.C. Davis Law Review 829 (December, 2024) |
Today, roughly 40% of U.S. lawyers are women, 15% are people of color, and 8% are women of color. Yet people of color, and women of all racial identities, rarely climb to the most elite levels of law practice. This Article, based on a first-of-its-kind, hand-coded dataset of the gender and perceived race of thousands of lawyers and case outcomes,... |
2024 |
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Yes |
| Colleen Campbell |
INTERSECTIONALITY MATTERS IN FOOD AND DRUG LAW |
95 University of Colorado Law Review 1 (Winter, 2024) |
Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA's prior restriction on access to contraceptive birth control illustrates how patriarchal and... |
2024 |
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Yes |
| Taylor Elyse Mills |
INTERSECTIONALLY-INFORMED ADVOCACY: A STRUCTURAL JUSTICE ACCOUNT OF WRONGFUL CONVICTIONS FOR SEXUAL VIOLENCE |
31 UCLA Journal of Gender & Law 221 (Summer, 2024) |
C1-2Table of Contents Introduction. 222 I. Defining the Scope of the Problem. 225 II. Racial Discrimination Against Men of Color In Sexual Violence Cases. 227 A. A History of Racial Discrimination. 228 B. Structural Racism at Each Stage of the Criminal Justice System. 230 1. Eyewitnesses. 231 2. Police Officer Conduct. 231 3. Other Actors: Juries,... |
2024 |
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| Kristen Paige Green |
LETTERS TO SOLEIL: REPRODUCTIVE REPARATIONS AS BLACK MATERNAL JUSTICE |
112 Georgetown Law Journal 1543 (June, 2024) |
C1-3Table of Contents L1-2Introduction . L31544 I. State of Black Maternal Mortality. 1546 a. state of black pregnancy. 1547 b. state of black childbirth. 1550 c. state of black postpartum. 1552 II. Maternity and Misogynoir. 1554 a. othering the black mother. 1554 b. labeling the black mother. 1556 c. commodifying the black mother. 1560 III. Modern... |
2024 |
African/Black American |
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| Margaret E. Montoya |
MEMORIES OF AN AFFIRMATIVE ACTION ACTIVIST |
47 Seattle University Law Review 1029 (Spring, 2024) |
C1-2Contents I. Autobiography as Historic Frame & Rationale for Educational Access Through an Expansive Affirmative Action. 1031 II. SALT and Affirmative Action Activism in Law Schools. 1039 III. The Slim But Cruel Vestige of Affirmative Action That Survives: The Military Exception in SFFA. 1047 IV. Affirmative Action in Medicine, Rebutting Justice... |
2024 |
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| Eric M. Freedman |
NO NEED TO WAIT: CONGRESS HAS THE POWER UNDER SECTION FIVE OF THE FOURTEENTH AMENDMENT TO ABOLISH THE DEATH PENALTY IN THE STATES |
32 William & Mary Bill of Rights Journal 1049 (May, 2024) |
Reformers currently proposing the abolition of capital punishment by federal legislation have only targeted the federal death penalty. They are aiming too low. Concerns about the roughly 50 prisoners facing execution by the federal government should not cause advocates to ignore the approximately 2,400 on the combined Death Rows of the states.... |
2024 |
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| Brence Pernell , Kelley Akhiemokhali |
PAULI MURRAY AND THE THIRTEENTH AMENDMENT |
8 Howard Human & Civil Rights Law Review 1 (2023-2024) |
C1-3Table of Contents L1-2Introduction . R32. I. Murray's Early Experience with Segregation and Contributions to Contemporary Fourteenth Amendment Advocacy. 8 A. Plessy v. Ferguson and Murray's Jim Crow World. 8 B. Murray's Efforts to Challenge Plessy v. Ferguson under the Fourteenth Amendment. 12 C. Murray's Legacy for Combatting Gender... |
2024 |
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| Emily R. Edwards , Gabriella Epshteyn , Caroline K. Diehl , Danny Ruiz , Brettland Coolidge , Nicole H. Weiss , Lynda Stein |
PRISON OR TREATMENT? GENDER, RACIAL, AND ETHNIC INEQUITIES IN MENTAL HEALTH CARE UTILIZATION AND CRIMINAL JUSTICE HISTORY AMONG INCARCERATED PERSONS WITH BORDERLINE AND ANTISOCIAL PERSONALITY DISORDERS |
48 Law and Human Behavior 104 (April, 2024) |
Objective: Borderline and antisocial personality disorders are characterized by pervasive psychosocial impairment, disproportionate criminal justice involvement, and high mental health care utilization. Although some evidence suggests that systemic bias may contribute to demographic inequities in criminal justice and mental health care among... |
2024 |
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| Brandon Hasbrouck |
PRISONS AS LABORATORIES OF ANTIDEMOCRACY |
133 Yale Law Journal 1966 (April, 2024) |
Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America's prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls:... |
2024 |
African/Black American |
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| Erin Collins |
PUNISHING GENDER |
71 UCLA Law Review 316 (April, 2024) |
As jurisdictions across the country grapple with the urgent need to redress the impact of mass incarceration, there has been a renewed interest in reforms that reduce the harms punishment inflicts on women. These gender-responsive reforms aim to adapt traditional punishment practices that, proponents claim, were designed for men. The push to... |
2024 |
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Yes |
| Ariel Dulitzky |
REDRESSING THE EUROCENTRIC APPROACH OF THE COURT OF ARBITRATION FOR SPORTS TO HUMAN RIGHTS LAW |
34 Marquette Sports Law Review 467 (Spring, 2024) |
Guillermo Willy Cañas, an Argentine professional tennis player who retired in 2010, lived in Buenos Aires, Argentina while being an active player. In 2005, he participated in the Abierto Mexicano de Tenis in Acapulco, Mexico. The tournament was organized by the ATP Tour, a private corporation incorporated in Delaware, USA, which provides that the... |
2024 |
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| Isabel Jones |
REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY |
112 California Law Review 969 (June, 2024) |
The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... |
2024 |
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Yes |
| Laura T. Kessler |
REPRODUCTIVE JUSTICE AT WORK: EMPLOYMENT LAW AFTER DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION |
109 Cornell Law Review 1447 (September, 2024) |
Introduction. 1448 I. Reproductive Justice at Work: The Sociomedical and Legal Landscape. 1458 A. The Health, Social, and Economic Impacts of Abortion, Infertility, and Miscarriage (Post-Dobbs). 1458 1. Abortion. 1459 2. Infertility. 1464 3. Miscarriage. 1468 4. The Blurry Lines Between Abortion, Infertility, and Miscarriage. 1472 B. Federal... |
2024 |
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Yes |
| Todd J. Clark |
REVERSING DEI: THE CONSEQUENCE - "IED" INDOCTRINATION AND ELIMINATION OF DIVERSITY |
55 University of Toledo Law Review 169 (Winter, 2024) |
Attacks on Diversity, Equity, and Inclusion (DEI) efforts, from right-wing conservatives, are an attack on marginalized communities, specifically black and brown people and members of the LGBTQ+ community. Over the past five years, the world around us has changed. DEI initiatives that once offered a glimmer of hope for members of marginalized... |
2024 |
African/Black American |
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| Brooke Hare |
RE-WRITING PRECEDENT: AN EXPLORATION OF THE NEGATIVE IMPACT ON NATIVE RIGHTS IN THE WAKE OF OKLAHOMA v. CASTRO-HUERTA |
101 Denver Law Review 421 (Winter, 2024) |
The word sovereignty implies freedom from external control and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme... |
2024 |
American Indian/Alaskan Native |
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| |
RIGHT TO A JURY TRIAL |
53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2024 |
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| Roberto L. Corrada |
RPL, CRT, & LATCRIT: "FINDING THE 'ME' IN THE LEGAL ACADEMY" |
101 Denver Law Review 483 (Spring, 2024) |
In 1990, I was the first Latino professor hired to a tenure-track faculty position by the University of Denver Sturm College of Law (Sturm). As a Puerto Rican--who spent part of my childhood in Puerto Rico--I often reflect on race relations in the United States and the different experiences I have had living in each country. When I became a law... |
2024 |
Hispanic/Latinx American |
|
| Rosa S. Felibert |
SHOPPING ON THIN ICE: VENUE LIMITS ON ICE DETENTION TRANSFERS TO PREVENT FORUM SHOPPING |
65 Boston College Law Review 1099 (March, 2024) |
Abstract: U.S. Immigration and Customs Enforcement (ICE), the federal agency that manages the world's largest civil immigration detention system, transfers hundreds of detained noncitizens to different detention centers every day at its sole discretion and for any reason, typically without advising the noncitizen's counsel or family. This unchecked... |
2024 |
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| Laura Hu |
STATE TELEMEDICINE ABORTION RESTRICTIONS AND THE DORMANT COMMERCE CLAUSE |
91 University of Chicago Law Review 1411 (September, 2024) |
Telemedicine abortions allow women to meet virtually with abortion providers and receive abortion medication through the mail, all without ever leaving their homes. This development could be instrumental in facilitating access to abortion care for women living in abortion-restrictive states after the Supreme Court's decision in Dobbs v. Jackson... |
2024 |
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Yes |
| Jill Lynch Cruz , Jill Lynch Cruz Ph.D., PCC, GCDF, SPHR, Executive Coach & Career Development Consultant |
STILL TOO FEW AND FAR BETWEEN: THE STATUS OF LATINA LAWYERS IN THE U.S. |
40 Chicana/o-Latina/o Law Review 7 (2024) |
This Report addresses a significant paradox within the U.S. legal profession: While Latinas represent 9.4 percent of the nation's population, they only account for approximately 3 percent of attorneys, with even fewer in leadership roles across the legal profession. Following the 2009 research findings of the Hispanic National Bar Association's... |
2024 |
Hispanic/Latinx American |
|
| Erin M. Carr |
THE "HISTORY AND TRADITION" OF THE SANCTIFICATION OF STRUCTURAL VIOLENCE: A REVIEW OF THE CYCLICAL CORROSION OF CONSTITUTIONAL PROTECTIONS |
27 Journal of Gender, Race and Justice 1 (Winter, 2024) |
In recent decades, the American political and legal landscape has undergone a radical, though not necessarily unprecedented, transformation. Hard-fought progress in the area of civil rights has been eviscerated through sophisticated efforts to legitimize a political, economic, social, and legal system that devalues and exploits non-whites, women,... |
2024 |
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Yes |
| Morenike Fajana, Katrina Feldkamp, Allison Scharfstein |
THE ANTI-TRUTH MOVEMENT IN CONTEXT: RETHINKING THE FIGHT FOR TRUTH AND INCLUSIVE EDUCATION |
16 Drexel Law Review 787 (2024) |
The right to access information and freely express oneself is among the cornerstones of our democracy and Black political power. The racial justice uprisings of 2020 saw an expansion of Black political participation and power, as millions of Black Americans and allies protested police murders, advocated for equitable healthcare and economic... |
2024 |
African/Black American |
|
| Patricia A. Broussard, Shelly Taylor Page |
THE ATTEMPTED ANITA HILLIFICATION OF THE HONORABLE JUDGE KETANJI BROWN JACKSON: GOD OF OUR WEARY YEARS, GOD OF OUR SILENT TEARS |
16 Elon Law Review 1 (2024) |
Georgiana G. Taylor (Gigi) was born in Iberia Parish in Louisiana in 1940. She was one of eleven children and one of the older girls in the family. She and her older sister, Rita, used to have to walk to the store to get groceries that their mother sometimes would need for meals. There was a brutal history of white men finding Black girls and... |
2024 |
African/Black American |
Yes |
| Jon C. Dubin |
THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE |
35 Stanford Law and Policy Review 104 (February, 2024) |
The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... |
2024 |
African/Black American |
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| Alice Samberg |
THE INSUFFICIENCY OF BATTERED WOMEN'S SYNDROME EVIDENCE AND THE NEED FOR RESENTENCING LEGISLATION FOR CRIMINALIZED SURVIVORS OF DOMESTIC VIOLENCE |
25 Nevada Law Journal 171 (Fall, 2024) |
C1-2Table of Contents Introduction. 172 I. The Criminalization of Domestic Violence Survivors. 174 II. The Introduction and Admission of Battered Women's Syndrome to the Criminal Legal System. 177 A. The Use of BWS Evidence to Support Defense Theories Asserted by Survivor-Defendants. 179 B. The Elemental Requirements of Self-Defense and Duress Are... |
2024 |
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Yes |
| Emily Knowlan |
THE LINK BETWEEN INDIVIDUAL DOMESTIC VIOLENCE AND MISSING & MURDERED INDIGENOUS WOMEN: VAWA IS NOT ENOUGH |
20 University of Saint Thomas Law Journal 466 (Spring, 2024) |
In 2019 and 2020, I worked as a domestic violence legal advocate with the Domestic Abuse Project in Minneapolis, Minnesota. It was here I first worked with Native American individuals from the Minneapolis community who were experiencing or had experienced domestic violence and were seeking help. In working with members of the community, I saw... |
2024 |
American Indian/Alaskan Native |
Yes |
| Cecilia Menjívar |
THE LONG ARM OF LIMINAL IMMIGRATION LAWS |
110 Iowa Law Review Online 51 (2024) |
ABSTRACT: Stumpf and Manning's Article, Liminal Immigration Law, explains the origin, mechanisms, and persistence of liminal laws in three cases they analyze: DACA, immigration detainers, and administrative closure. Their analysis unearths key similarities across these cases: the stickiness and robustness of liminal rules, their transitory... |
2024 |
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| Elizabeth Langston Isaacs |
THE MYTHOLOGY OF THE THREE LIARS AND THE CRIMINALIZATION OF SURVIVAL |
42 Yale Law and Policy Review 427 (Spring, 2024) |
There is nothing new about the legal system discounting the credibility of women, people of color, and people behind bars. Historically, the mythology of these three liars has given rise to evidentiary rules that equate female chastity with truthfulness, and Blackness (or its proxy--a criminal record) with dishonesty. Examples include the... |
2024 |
African/Black American |
Yes |
| Andrea Kupfer Schneider , Abigail R. Bogli , Hannah L. Chin |
THE NEW GLASS CEILING |
2024 Wisconsin Law Review 1687 (2024) |
Women belong in all places where decisions are being made. --Justice Ruth Bader Ginsburg Until the last decade, gender inequality in the legal profession was self-evident. Law school classrooms and law firm offices were overwhelmingly filled with men. In recent years, women have outnumbered men in law school classes and reached parity with men... |
2024 |
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Yes |
| Priscilla A. Ocen |
THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING |
29 National Black Law Journal 35 (2024) |
This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... |
2024 |
African/Black American |
Yes |
| Elizabeth Sepper , Lindsay F. Wiley |
THE RELIGIOUS LIBERTY CHALLENGE TO AMERICAN-STYLE SOCIAL INSURANCE |
58 U.C. Davis Law Review 257 (November, 2024) |
This Article argues that escalating religious challenges to the Affordable Care Act (ACA) form a major new vector in the campaign against social insurance in the United States. Where early constitutional challenges urging a libertarian ethos of you're on your own largely failed, religious claimants are succeeding with a traditionalist... |
2024 |
Hispanic/Latinx American |
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| Christopher E. Smith , Charles F. Jacobs |
UNDERREPRESENTATION AND EXCLUSION FROM INFLUENCE ON THE U.S. SUPREME COURT: SENIOR ASSOCIATE JUSTICES AND THE OPINION-ASSIGNMENT POWER |
27 Journal of Gender, Race and Justice 383 (Spring, 2024) |
I. Introduction. 383 II. Data From the Supreme Court Judicial Database. 386 III. The Unrepresentative Judiciary. 388 A. Historical Background. 388 B. The Impact of Diversity. 390 IV. Opinion-Assignment Authority. 393 A. Uneven Distribution of Opportunities for Influence. 393 B. Majority Opinions Assigned by Women and African-American Justices. 400... |
2024 |
African/Black American |
Yes |
| Harvey Gee |
UNPRECEDENTED: ASIAN AMERICANS, HARVARD, THE UNIVERSITY OF NORTH CAROLINA, AND THE SUPREME COURT'S STRIKING DOWN OF AFFIRMATIVE ACTION |
51 UC Law Constitutional Quarterly 187 (Winter 2024) |
In response to the Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College Students for Fair Admissions, Inc., Petitioner v. University of North Carolina, et al. (SFFA v. Harvard), author Harvey Gee urges his fellow Asian Americans--the star plaintiffs in the case and depicted as the main... |
2024 |
Asian Asian |
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| Jennifer Bauer |
UNREASONABLE, UNFAIR, AND UNACCOUNTABLE: WHAT COMMONWEALTH v. POWNALL REVEALS ABOUT INSTRUCTING JURIES ON POLICE USE OF DEADLY FORCE |
128 Penn State Law Review 987 (Spring, 2024) |
Police violence is a widespread problem in the United States that disproportionately affects Black communities. Social justice movements and the media pressure prosecutors to pursue criminal charges against offending officers. However, convictions are rare, partly because officers can assert a legal defense for using deadly force in effecting... |
2024 |
African/Black American |
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| Angela Dixon |
UNSHACKLED: WHY ELIMINATING HEALTH DISPARITIES REQUIRES THAT OUR CRIMINAL JUSTICE SYSTEM SET INCARCERATED MOTHERS AND THEIR DEVELOPING CHILDREN FREE |
38 Journal of Law and Health 102 (10/31/2024) |
Abstract: Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (ACES) or lifelong damage to their physical and mental health. The experiences may be the same for children born already... |
2024 |
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| Terry Allen |
USING SPATIAL AND QUALITATIVE ANALYSIS TO RETHINK SCHOOL POLICING |
112 Georgetown Law Journal 987 (May, 2024) |
When researchers typically think about the problem of policing in schools, we tend to focus on the experiences of Black children in majority-Black and Latino schools. This body of scholarship has shown that Black students disproportionately experience negative police encounters in majority-Black and Latino schools compared to other racial and... |
2024 |
Multiple Groups |
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| Bailey Harvey |
WELCOME TO TEXAS: HOME OF THE MOST EXTREME ABORTION BAN IN THE UNITED STATES, GENERATING VAST CHILD WELFARE DISPARITIES |
26 Scholar: St. Mary's Law Review on Race and Social Justice 365 (2024) |
Introduction. 366 II. History. 374 A. Case Precedent. 374 1. Roe v. Wade. 374 2. Planned Parenthood v. Casey. 377 3. Dobbs v. Jackson Women's Health. 379 B. Financial Implications of Reversing Roe--the Helpless and Hopeless Dobbs Solutions. 382 III. Analysis. 385 A. Reevaluating Roe v. Wade through an Equal Protection Clause Lens. 385 B. Texas... |
2024 |
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Yes |
| Robyn Weinstein |
WHAT'S GOING ON? DIVERSITY, EQUITY, AND INCLUSION DISPUTE RESOLUTION INITIATIVES IN THE U.S. |
73 Washington University Journal of Law & Policy 294 (2024) |
Our past, our history, and the people we encounter in life matter. They matter because they shape our experiences, our stories, our identities, what we choose to do (or not do), our present, our future and our ethical stance. - Jacqueline N. Font-Guzmán Over the course of my career, I have worked for and managed community dispute resolution... |
2024 |
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| Sandra Babcock, Nathalie Greenfield, Kathryn Adamson |
WOMEN ON DEATH ROW IN THE UNITED STATES |
46 Cardozo Law Review 1 (October, 2024) |
This Article presents a comprehensive study of forty-eight persons sentenced to death between 1990 and 2022 who were legally recognized as women at the time of their trials. Our research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women's death sentences. It reveals commonalities across women's... |
2024 |
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Yes |
| Torrell E. Mills |
"HIT THE ROAD, BLUE SLIPS": ELIMINATING SENATE OBSTRUCTIONISM OF FEDERAL JUDICIAL APPOINTMENTS |
111 Georgetown Law Journal Online 171 (2023) |
Simply put, there shouldn't be one set of rules for . Republican nominees under a Republican president and a different set for nominees under a Democratic president. --Dick Durbin, U.S. Senator, Majority Whip and Chair of the Senate Judiciary Committee, 2021 In America, the law is used to protect our society's general safety and to ensure our... |
2023 |
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| Andrew J. Lanham |
"PROTECTION FOR EVERY CLASS OF CITIZENS": THE NEW YORK CITY DRAFT RIOTS OF 1863, THE EQUAL PROTECTION CLAUSE, AND THE GOVERNMENT'S DUTY TO PROTECT CIVIL RIGHTS |
13 UC Irvine Law Review 1067 (November, 2023) |
This Article examines an important but little-noticed moment in the intellectual history of the Equal Protection Clause: the New York City draft riots of 1863. In mid-July of that year, New York was engulfed by a weeklong riot against the Union military draft, as mobs of predominantly working-class white men beat and murdered Black New Yorkers,... |
2023 |
African/Black American |
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| E.L. Tremblay |
"UNDER CONDITIONS OF HARDSHIP": THE PEACE CORPS' CATCH-22 FOR SURVIVORS OF SEXUAL- AND GENDER-BASED VIOLENCE |
111 Georgetown Law Journal 1533 (June, 2023) |
The Peace Corps' treatment of Volunteers and trainees, particularly with regard to the policies and permissiveness surrounding sexual- and gender-based violence, reflects and perpetuates workplace sex discrimination. Because the agency fails to collect adequate data, it is impossible to determine the precise nature and degree of the problem, but it... |
2023 |
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| Kathryn Schumaker , Department of History, University of Oklahoma, Norman, OK, USA, Email: schumaker@ou.edu |
"UNLAWFUL INTIMACY": MIXED-RACE FAMILIES, MISCEGENATION LAW, AND THE LEGAL CULTURE OF PROGRESSIVE ERA MISSISSIPPI |
41 Law and History Review 773 (November, 2023) |
This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys... |
2023 |
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| Elizabeth Butterworth |
"WHAT IF YOU'RE DISABLED AND UNDOCUMENTED?": REFLECTIONS ON INTERSECTIONALITY, DISABILITY JUSTICE, AND REPRESENTING UNDOCUMENTED AND DISABLED LATINX CLIENTS |
26 CUNY Law Review 139 (Summer, 2023) |
I. Introduction. 140 II. From Disability Rights to Disability Justice. 145 III. An Ableist and Disabling Immigration System. 149 A. Exclusionary Immigration Laws and the Public Charge Rule. 150 B. The Disabling Impact of Migrating to and Living Undocumented in the United States. 155 IV. The Need for Services and Barriers to Access. 157 V. From... |
2023 |
Hispanic/Latinx American |
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| Taylor Nicolas |
"WHO WAS YOUR GRANDFATHER ON YOUR MOTHER'S SIDE?" SEDUCTION, RACE, AND GENDER IN 1932 VIRGINIA |
34 Yale Journal of Law & the Humanities 364 (2023) |
Was Dorothy Short Black? And, more importantly, did she know it? These questions, odd-sounding and perhaps unsettling to the contemporary reader, were the ones raised by Leonard Harry Wood in the hopes of avoiding incarceration for the crime of seduction. This Article looks closely at the story of Dorothy Short and Leonard Wood, their relationship,... |
2023 |
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| Jenny-Brooke Condon |
#METOO IN PRISON |
98 Washington Law Review 363 (June, 2023) |
Abstract: For American women and nonbinary people held in women's prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women's prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape... |
2023 |
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| Michael Z. Green |
(A)WOKE WORKPLACES |
2023 Wisconsin Law Review 811 (2023) |
With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination,... |
2023 |
African/Black American |
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