| Author | Title | Citation | Summary | Year | Ethnicity in Title or Summary | Gender in Title or Summary |
| 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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| Elaina Erola |
LEGAL OBSTACLES IN THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN THE UNITED STATES |
54 Texas Tech Law Review 165 (Winter, 2022) |
I. Introduction. 165 II. The Jurisdictional Nightmare of Prosecuting Tribal Crimes. 167 III. The Link Between Murder and Human Trafficking. 171 IV. Recent Congressional Acts. 174 V. How the Federal Government Has Failed. 175 VI. How Tribal Courts Have Succeeded. 178 VII. Conclusion. 180 |
2022 |
American Indian/Alaskan Native |
Yes |
| Mathilde Cohen, Tanya Cassidy |
MILK FROM MARS. THE CHALLENGES OF REGULATING LAB-PRODUCED (HUMAN) MILK |
77 Food & Drug Law Journal 6 (2022) |
For over a century, pediatricians, scientists, and industry players have sought to create an infant formula that would be as close as possible to human milk. Until recently, their efforts focused on humanizing cow's milk by making its composition more similar to human milk. But in the past few years, new technologies have led some companies to... |
2022 |
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| Melanie McGruder |
MISSING AND MURDERED: FINDING A SOLUTION TO ADDRESS THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN CANADA AND CLASSIFYING IT AS A "CANADIAN GENOCIDE" |
46 American Indian Law Review 115 (2022) |
Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only... |
2022 |
American Indian/Alaskan Native |
Yes |
| Lisa A. Crooms-Robinson |
MURDERING CROWS: PAULI MURRAY, INTERSECTIONALITY, AND BLACK FREEDOM |
79 Washington and Lee Law Review 1093 (Summer, 2022) |
What is intersectionality's origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910-1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane... |
2022 |
African/Black American |
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| Caitlyn Pesavento |
OVARIAN TISSUE CRYOPRESERVATION: A WINDOW INTO THE REPRODUCTIVE JUSTICE CONCERNS UNDERLYING ASSISTED REPRODUCTIVE TECHNOLOGIES |
54 Connecticut Law Review 831 (May, 2022) |
More regulatory framework is needed for assisted reproductive technologies. Taken together, the high costs of fertility treatment, lack of widespread insurance coverage, and social perceptions of motherhood make it nearly impossible for women from traditionally marginalized backgrounds to collectively overcome barriers of access to fertility... |
2022 |
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| Charisa Smith |
OVER-PRIVILEGED: LEGAL CANNABIS, DRUG OFFENDING & THE RIGHT TO FAMILY INTEGRITY |
67 South Dakota Law Review 569 (2022) |
Haphazard marijuana legality among U.S. jurisdictions, and our failure to confront federalism concerns, create civil rights consequences that cannot be underestimated. Although long-awaited federal legislation to legalize marijuana in Summer 2022 was backed by diverse, respected institutions and offers the strongest potential for a national... |
2022 |
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| F. Laguardia , Department of Justice Studies, Montclair State University, 1 Normal Avenue, Montclair, NJ 07043, United States |
PAIN THAT ONLY SHE MUST BEAR: ON THE INVISIBILITY OF WOMEN IN JUDICIAL ABORTION RHETORIC |
9 Journal of Law & the Biosciences 1 (January-June, 2022) |
The graphic and bodily facts of a legal question of rights are relevant to the courts, particularly in questions that directly implicate physical bodies and pain, such as right to die cases, or what level of search may be allowable and when. However, in the case of abortion, or more specifically the bodily ramifications of pregnancy and childbirth,... |
2022 |
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Yes |
| Julia Emtseva |
PRACTICING REFLEXIVITY IN INTERNATIONAL LAW: RUNNING A NEVER-ENDING RACE TO CATCH UP WITH THE WESTERN INTERNATIONAL LAWYERS |
23 German Law Journal 756 (June, 2022) |
(Received 16 November 2021; accepted 31 January 2022) For a long time, discussions on the diversity of international legal academia and practice have not been properly addressed. Protagonists from the Global South were not even considered as relevant issue-setters of international law. However, the situation is gradually changing. More and more... |
2022 |
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| Catherine S. Shaffer , Jodi L. Viljoen , Kevin S. Douglas |
PREDICTIVE VALIDITY OF THE SAVRY, YLS/CMI, AND PCL:YV IS POOR FOR INTIMATE PARTNER VIOLENCE PERPETRATION AMONG ADOLESCENT OFFENDERS |
46 Law and Human Behavior 189 (June, 2022) |
Objective: Despite advances in developing structured risk assessment instruments, there is currently no instrument to assess and manage the risk of intimate partner violence perpetration among adolescents. Given the empirical link between many forms of antisocial behavior, we tested whether structured tools commonly used by professionals to... |
2022 |
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| Marie Boyd |
PREEMPTION & GENDER & RACIAL (IN)EQUITY: WHY STATE TORT LAW IS NEEDED IN THE COSMETIC CONTEXT |
102 Boston University Law Review 167 (February, 2022) |
Much of the legal scholarship on the preemption of state tort law in the food and drug context and beyond has focused on issues of federalism. While the literature has considered the relationship between state tort law and the regulatory system, it has not generally explored the impact the federal preemption of state tort law may have on women and... |
2022 |
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| Mechele Dickerson |
PROTECTING THE PANDEMIC ESSENTIAL WORKER |
85 Law and Contemporary Problems 177 (2022) |
In March 2020, states and cities tried to slow the spread of the Coronavirus (COVID-19) by issuing shelter-in-place or stay-at-home orders. Once the economic consequences of a total shutdown of the economy became clear, however, the federal government and states declared that certain business sectors or industries were critical. These critical... |
2022 |
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| Christopher Kleps , Department of Public and Environmental Affairs, University of Wisconsin, Green Bay, Wisconsin, USA |
RACE, GENDER, AND PLACE: HOW JUDICIAL IDENTITY AND LOCAL CONTEXT SHAPE ANTI-DISCRIMINATION DECISIONS |
56 Law and Society Review 188 (June, 2022) |
While federal anti-employment discrimination laws have helped diminish inequality at work, discrimination persists, in part perhaps due to unequal handling of equal employment lawsuits. Prior research demonstrates that the definition of discrimination can vary based on local normative ideas, while another line shows that a judge's race or gender... |
2022 |
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| Rose Cuison-Villazor |
REJECTING CITIZENSHIP |
120 Michigan Law Review 1033 (April, 2022) |
Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen. Stanford: Stanford University Press. 2020. Pp. xi, 215. $28. Citizenship for undocumented immigrants is once again on the horizon. Just a few weeks after President Donald Trump left the White House, and several years since the last time Congress failed to pass comprehensive immigration... |
2022 |
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| Martha M. Ertman |
REPARATIONS FOR RACIAL WEALTH DISPARITIES AS REMEDY FOR SOCIAL CONTRACT BREACH |
85 Law and Contemporary Problems 231 (2022) |
Acute crises such as the COVID-19 pandemic and the 2008 financial meltdown exposed and exacerbated chronic racial wealth disparities. Those disparities accumulated over time as government and private actions--often involving contracts--systemically benefitted White Americans and institutions at the expense of African-Americans. This Article focuses... |
2022 |
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| Megan S. Wright |
RESUSCITATING CONSENT |
63 Boston College Law Review 887 (March, 2022) |
Introduction. 890 I. Informed Consent Law, Ethics, and Practice. 894 A. Law and Ethics of Informed Consent. 895 1. Overview of Informed Consent Law. 895 2. Informed Consent Exceptions and Scope Conditions. 896 3. Informed Consent, Medical Ethics, and Shared Decision Making. 899 B. Empirical Research on Informed Consent. 900 1. Healthcare... |
2022 |
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RIGHT TO A JURY TRIAL |
51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) |
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... |
2022 |
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| James G. Dwyer |
SMITH'S LAST STAND? FREE EXERCISE AND FOSTER CARE EXCEPTIONALISM |
24 University of Pennsylvania Journal of Constitutional Law 856 (June, 2022) |
Fulton v. City of Philadelphia postpones the apparent inevitable-- the demise of Employment Division v. Smith --with its deflationary view of the Free Exercise Clause and return to application of heightened judicial scrutiny even to laws neutral as to religion and of general applicability. In Fulton, the Court held unanimously in favor of a... |
2022 |
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| Deborah M. Weissman |
SOCIAL JUSTICE AS DESISTANCE: RETHINKING APPROACHES TO GENDER VIOLENCE |
72 American University Law Review 215 (October, 2022) |
C1-2Table of Contents Table of Contents. 215 Introduction. 216 I. Domestic Violence Intervention Programs: Overview, Critique, and Constraints. 221 A. DVIPs: A Brief Overview. 222 B. DVIPs: Critique. 225 1. Eliding systems and structures. 225 2. DVIPs and the criminal legal system. 231 3. Culture and constraints. 233 4. Law and constraints. 238 II.... |
2022 |
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| Katrina Lee |
SOLVING FOR LAW FIRM INCLUSION: THE NECESSITY OF LAWYER WELL-BEING |
24 Vanderbilt Journal of Entertainment and Technology Law 323 (Winter, 2022) |
Chances are, in a room of one hundred law firm partners in the United States, at most, one Black woman would be present. Statistically, if there were a Black, Latinx, or Asian woman in that room, she would be the only one. Women of color make up only 3.79 percent of all partners, counting equity and nonequity partners. The percentage of Black women... |
2022 |
Multiple Groups |
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| Jordana R. Goodman |
SY-STEM-IC BIAS: AN EXPLORATION OF GENDER AND RACE REPRESENTATION ON UNIVERSITY PATENTS |
87 Brooklyn Law Review 853 (Spring, 2022) |
Women and people of color have been systemically excluded from participation in science, technology, engineering, and math (STEM) fields in the United States for centuries. This inability to participate, coupled with disparate abilities to own and control property, created STEM access gaps still evident in the United States today. In the... |
2022 |
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