Author | Title | Citation | Summary | Year | Ethnicity in Title or Summary | Gender in Title or Summary |
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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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J. Ryann Peyton |
YOU AREN'T THE PROBLEM; YOUR BURNOUT IS |
52-MAY Colorado Lawyer 4 (May, 2023) |
Well, it's been three years--a full 1,095 days since our world was thrust into a new normal of mask wearing, booster shots, home schooling, remote working, global anxiety, and economic instability. I'm tired. Honestly, I'm exhausted. While the early days of the pandemic now feel like some fictional, dystopian drama to be binge watched on Netflix,... |
2023 |
African/Black American |
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Taa Grays, Clotelle Drakeford, Mirna Santiago, Mishka Woodley , Members of the Task Force on Racism, Social Equity and the Law |
#METOO: BUILDING INCLUSION TO BREAK DOWN BARRIERS |
94-APR New York State Bar Journal 14 (March/April, 2022) |
The #MeToo movement has had a seismic impact on raising awareness of how women are victimized by more powerful men, particularly in the workplace. Yet, the movement has not effectively served as a platform for women of color who are also victims of sexual harassment. This concept of two different diverse identities not being recognized under the... |
2022 |
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Shayna Medley |
[MIS]INTERPRETING TITLE IX: HOW OPPONENTS OF TRANSGENDER EQUALITY ARE TWISTING THE MEANING OF SEX DISCRIMINATION IN SCHOOL SPORTS |
45 New York University Review of Law and Social Change 673 (2022) |
Anti-trans advocates have created a smokescreen--painting transgender people as a threat to cisgender women and girls--in order to push their latest legislation targeting trans students' participation in school sports. This Article rebuts the argument that there are competing sex discrimination interests when it comes to school athletics and... |
2022 |
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Jessica Dixon Weaver |
A CRITICAL RACE THEORY APPROACH TO CHILDREN'S RIGHTS |
71 American University Law Review 1855 (June, 2022) |
This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children's rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children.... |
2022 |
African/Black American |
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Thalia González , Alexis Etow , Cesar De La Vega |
A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING |
71 American University Law Review 1927 (June, 2022) |
Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... |
2022 |
Multiple Groups |
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Ande Davis |
A PREPONDERANCE OF BIAS: WHY ARTIFICIAL INTELLIGENCE SHOULD BE QUALIFIED IMMUNITY'S FATAL FLAW |
61 Washburn Law Journal 565 (Spring, 2022) |
In the wake of the 2020 police killings of Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, Minnesota, the public discussion of criminal accountability for law enforcement was accompanied by a related discussion around civil remedies for victims. This secondary discussion brought new public attention to the impediments posed... |
2022 |
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David S. Cohen, Kelcie Ouillette, Jessica Tyrrell |
ABORTION AT THE CROSSROADS: REPRODUCTIVE RIGHTS AND JUSTICE ON THE PRECIPICE OF ROE'S DEMISE |
14 Drexel Law Review 787 (2022) |
Nearly fifty years after the Supreme Court recognized abortion as a constitutional right in the United States, the fate of Roe v. Wade hangs in the balance. This Article, written based on remarks delivered at the end of the Drexel Law Review's October 2021 symposium on COVID-19, reproductive rights, and the law (and thus before the Court's decision... |
2022 |
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Caitlin Ramiro |
AFTER ATLANTA: REVISITING THE LEGAL SYSTEM'S DEADLY STEREOTYPES OF ASIAN AMERICAN WOMEN |
29 Asian American Law Journal 90 (2022) |
Introduction. 91 I. Stereotypes of Asian American women. 93 A. General Stereotypes of All Asians: The Model Minority and Yellow Peril. 93 B. Sexualized Stereotypes of Asian American Women. 94 1. Lotus Blossom. 95 2. Dragon Lady. 96 a. Popular Cultural Depictions of Dragon Ladies. 96 b. 22 Lewd Chinese Women/Chy Lung v. Freeman. 97 c. Tokyo Rose and... |
2022 |
Asian American |
Yes |
Christopher L. Mathis |
AN ACCESS AND EQUITY RANKING OF PUBLIC LAW SCHOOLS |
74 Rutgers University Law Review 677 (Winter, 2022) |
Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report's Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll in law school. These ranking systems have defined what is measured as quality and what outcomes law schools... |
2022 |
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Elizabeth Tobin Tyler |
BLACK MOTHERS MATTER: THE SOCIAL, POLITICAL AND LEGAL DETERMINANTS OF BLACK MATERNAL HEALTH ACROSS THE LIFESPAN |
25 Journal of Health Care Law and Policy 49 (2022) |
Black maternal health disparities have existed for decades. But with America's recent racial reckoning the public health and medical communities are increasingly focused on understanding the pathways that lead to higher rates of Black maternal morbidity and mortality, and policymakers are exploring legal and policy approaches to reducing... |
2022 |
African/Black American |
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Mari Cheney , Mandy Lee , Anna Lawless-Collins |
BOLSTERING THE ASIAN AMERICAN LAW LIBRARY COLLECTION: A COLLECTION DEVELOPMENT GUIDE |
114 Law Library Journal 285 (2022) |
An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American--related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on... |
2022 |
Asian American |
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Neelam Salman , Golda Philip , Sarah Williams |
BRIDGING HEALTH EQUITY AND CIVIL RIGHTS: HOW FEDERAL FUNDING AGENCIES CAN REDUCE DISPARITIES AND DISCRIMINATION IN HEALTHCARE USING CIVIL RIGHTS MECHANISMS |
21 Connecticut Public Interest Law Journal 1 (Spring, 2022) |
Of all the forms of inequality, injustice in health is the most shocking and the most inhuman because it often results in physical death. I see no alternative to direct action [in order to] raise the conscience of the nation. The civil rights movement was a social, legal, and political struggle by communities that are underserved to achieve... |
2022 |
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Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
African/Black American |
Yes |
Glenn D. Walters, Department of Criminal Justice, Kutztown University |
CHANGES IN CRIMINAL THINKING FROM MIDADOLESCENCE TO EARLY ADULTHOOD: DOES TRAJECTORY DIRECTION MATTER? |
46 Law and Human Behavior 154 (April, 2022) |
Objective: Although there is evidence of a strong age--crime relationship, there is little consensus as to why crime peaks in midadolescence and drops off in late adolescence or early adulthood, and there is virtually no information on how age interacts with other crime-related variables such as criminal thinking. The purpose of this study was to... |
2022 |
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Stephanie Bornstein |
CONFRONTING THE RACIAL PAY GAP |
75 Vanderbilt Law Review 1401 (October, 2022) |
For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... |
2022 |
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Michael P. Goodyear |
CULTURE AND FAIR USE |
32 Fordham Intellectual Property, Media and Entertainment Law Journal 334 (Winter, 2022) |
The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating... |
2022 |
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Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
Asian American |
Yes |
Evan R. Seamone |
DISABILITY COMPENSATION FOR THE PSYCHOLOGICAL IMPACT OF RACE DISCRIMINATION: LESSONS FROM THE BOARD OF VETERANS' APPEALS |
74 Administrative Law Review 309 (Spring, 2022) |
Introduction. 310 II. VA Disability Compensation Framework. 317 III. Research Methodology. 323 A. The Written VA Appellate Decision as the Unit of Analysis. 323 B. Supervised Machine Learning to Classify Discrimination Cases. 326 C. Study Limitations. 327 IV. Study Results. 329 A. General Trends in Outcomes Across Discrimination Cases. 329 B.... |
2022 |
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Chris Brummer , Leo E. Strine, Jr. |
DUTY AND DIVERSITY |
75 Vanderbilt Law Review 1 (January, 2022) |
In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (DEI) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical... |
2022 |
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Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
American Indian/Alaskan Native |
Yes |
Megan Uren |
EVERY 66 HOURS. DEAD OR DISAPPEARED. A COLONIAL GENDERED LENS ON GENOCIDE: CASE STUDY ON CANADA'S GENOCIDE AGAINST INDIGENOUS WOMEN, GIRLS, AND 2SLGBTQQIA PEOPLE |
50 Denver Journal of International Law and Policy 167 (Spring, 2022) |
Genocide is happening today, and it will be happening tomorrow. It is not yet time to tell volunteers to stop dredging the Red River for dead bodies of Indigenous women and girls nor time for red dresses to stop being hung on the Highway of Tears. There are dead bodies in the water. There are missing bodies who were taken along wooded highways .... |
2022 |
American Indian/Alaskan Native |
Yes |
Patrice Ruane |
FROM PIN MONEY WORKERS TO ESSENTIAL WORKERS: LESSONS ABOUT WOMEN'S EMPLOYMENT AND THE COVID-19 PANDEMIC FROM THE GREAT DEPRESSION AND THE GREAT RECESSION |
29 UCLA Journal of Gender & Law 335 (Summer, 2022) |
C1-2Table of Contents Introduction. 336 I. The Great Depression. 342 A. Characteristics of the Women's Workforce Before the Great Depression. 343 1. The Image of Working Women. 344 2. Wage and Hour Legislation for Women Before the Great Depression. 348 B. The Employment Landscape During the Great Depression. 354 C. Federal Policy Responses. 357 1.... |
2022 |
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Yes |
Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman |
GENDER JUSTICE AND HUMAN RIGHTS SYMPOSIUM HOLISTIC APPROACHES TO GENDER VIOLENCE |
30 University of Miami International and Comparative Law Review 217 (Fall, 2022) |
L1-2Background . L3218 I. Day 1. 222 A. Day 1 Welcome Remarks. 222 B. Introductory Panel. 224 C. Preventing GBV. 228 D. Systemic Accountability for GBV. 232 E. Access to Justice for GBV: How Should we Define Justice?. 237 F. Rethinking Protection to Mitigate GBV: Engaging Survivors and Offenders. 241 G. Day 1 Closing Remarks. 248 II. Day 2. 248 A.... |
2022 |
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I. India Thusi |
GIRLS, ASSAULTED |
116 Northwestern University Law Review 911 (2022) |
Girls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to... |
2022 |
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Yes |
Hannah Haksgaard |
INCLUDING UNMARRIED WOMEN IN THE HOMESTEAD ACT OF 1862 |
67 Wayne Law Review 253 (Winter, 2022) |
253 I. Introduction. 254 II. The Context for the Debate. 261 A. American Policy on the Distribution of Public Lands. 261 B. Unmarried Women's Legal Rights. 266 III. Congressional Debate Leading to the Homestead Act of 1862. 270 A. The Twenty-Eighth Congress: 1843-1845. 273 B. The Twenty-Ninth Congress: 1845-1847. 273 C. The Thirtieth... |
2022 |
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Yes |
Leonardo Figueroa Helland |
INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION |
30 New York University Environmental Law Journal 347 (2022) |
I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... |
2022 |
American Indian/Alaskan Native |
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Palma Joy Strand, Nicholas A. Mirkay |
INTEREST CONVERGENCE AND THE RACIAL WEALTH GAP: DEFUSING RACISM'S DIVIDE-AND-CONQUER VIA UNIVERSAL BASIC INCOME |
110 Kentucky Law Journal 693 (2021-2022) |
Table of Contents. 693 Introduction. 694 I. Today's Economic Status Quo: Endorsement of Exploitation and Enrichment. 696 A. Rising Economic Inequality and the Tax System. 696 B. Systemic Shifts in Economic Policy and Rising Economic Inequality. 697 C. Racialized Law and Policies and Rising Economic Inequality. 700 II. Closing the Racial Wealth Gap:... |
2022 |
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Bérénice K. Schramm, Bahçeşehir Üniversitesi, Istanbul, Turkey, e-mail: berenicekafui.schramm@law.bau.edu.tr |
INTERSTELLAR JUSTICE NOW: BACK TO THE FUTURE OF INTERNATIONAL LAW |
101 IUS Gentium 71 (2022) |
In order to reclaim international law's emancipatory potential for better futures, we need to take stock of the ways in which our understanding of time, and of time in international law, has informed the development of the discipline. The movie Interstellar (Nolan, 2014), with its illustration of masculine historicity and feminist... |
2022 |
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Genesis M. Agosto |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
100 Nebraska Law Review 995 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
2022 |
American Indian/Alaskan Native |
Yes |
Mikaela A. Phillips |
JUST CAUSE, NOT JUST BECAUSE: A PRO-WORKER REFORM FOR THE EMPLOYMENT LANDSCAPE |
170 University of Pennsylvania Law Review Online 90 (2022) |
The at-will doctrine permits employers to terminate employees at any time for any reason--or no reason at all--so long as it is not an illegal one. This creates a significant power imbalance between employers and employees, chills employee speech regarding unsafe or unlawful workplace conduct, and leaves employees vulnerable to arbitrary and unjust... |
2022 |
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