AuthorTitleCitationSummaryYearGender in Title or SummaryEthnicity in Title
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 Yes  
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 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 Yes  
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 Yes  
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 Yes  
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 Yes African/Black American
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 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 Yes American Indian/Alaskan Native
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 Yes African/Black American
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 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 Yes African/Black American
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 Yes African/Black American
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 Yes  
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 Yes  
Jasmine Oesterling "I CAN'T BREATHE": A COMPARISON OF RACIAL INEQUITY AND POLICE BRUTALITY OBSERVED IN FRANCE AND THE UNITED STATES 17 DePaul Journal for Social Justice 1 (Spring, 2024) This paper explores the unanticipated convergence of human experiences among Black and Brown citizens of France and the United States, despite their historical and legislative differences. Investigating racial inequity and police brutality through a comparative lens, this paper highlights global connections forged by racial and ethnic minorities in... 2024   African/Black American
Nicole Sequeira Tashovski A CRITICAL RACE THEORY ANALYSIS: THE ROLE OF RACIALIZATION, THE WHITE RACIAL FRAME, AND INSTITUTIONAL POWER IN CALIFORNIA EUGENICS STERILIZATIONS 21 UC Law Journal of Race and Economic Justice 157 (February, 2024) C1-2Table of Contents Introduction. 158 Part I: Background. 161 Skinner v. Oklahoma. 161 The Eugenics Movement. 162 Part II: Dominant Critical Race Theory Themes in the Eugenics Movement. 164 White Supremacy and Systemic Racism. 165 The Construction of Race and Racialization. 166 The White Racial Frame. 168 Institutional Control. 169 Control of the... 2024    
Gali Racabi AT WILL AS TAKING 133 Yale Law Journal 2256 (May, 2024) Employment at will is legally and politically entrenched. It is the default termination law in forty-nine states and controls the working lives of most U.S. workers, creating a political economy of precarity and exploitation. In light of these challenges, this Essay offers a novel framework for a constitutional challenge to the at-will termination... 2024    
Kris Franklin , Sarah E. Chinn ATTENTIVE READING: A SOUTH AFRICAN EXAMPLE OF LAW IN CONTEXT 21 Rutgers Journal of Law & Public Policy 211 (Spring, 2024) Unlike the United States Supreme Court in Dobbs, the Majority in this case recognizes that we cannot examine particular laws in their historical context without also examining the society in which those laws developed. . When the Supreme Court selectively examined the history and traditions of this nation, what it observed was the deeply rooted... 2024   African/Black American
Ashley Pattain BLACK MATERNAL MORTALITY RATE: IMPROVING OUTCOMES FOR BLACK MOTHERS USING LEGISLATION THAT REVERSES THE EFFECTS OF STRUCTURAL RACISM IN MEDICINE 45 Mitchell Hamline Law Journal of Public Policy and Practice 141 (Spring, 2024) I. Introduction. 142 II. Maternal Mortality Rates in the United States. 146 III. History of Midwives And Black Maternal Health. 147 IV. Contributions to the increased black maternal mortality rate. 149 A. Racism In Medicin. 150 B. Racism Present Day and its Impact on the Black Community. 153 C. Separation of the Black Family Due to Policies and... 2024   African/Black American
Sarah H. Paoletti , Azadeh Shahshahani BRIDGING THE ACCOUNTABILITY GAP: A CALL TO ACTION FOR MIGRANTS SUBJECTED TO ABUSE IN U.S. CUSTODY 28 UCLA Journal of International Law and Foreign Affairs 71 (Fall, 2024) For years, immigrants held at the Irwin County Detention Center (ICDC) in the U.S. state of Georgia, and the advocates with whom they shared their experiences, raised complaints about the abusive detention conditions they were subjected to at ICDC with U.S. Immigration and Customs Enforcement (ICE), and with LaSalle Corrections, the ICE-contracted... 2024    
Taylor Smith COVID-19: A XENOPHOBIC PANDEMIC--A GUIDE TO DECREASE THE NUMBER OF HATE CRIMES DIRECTED TOWARDS ASIAN AMERICANS AND PACIFIC ISLANDERS 25 Loyola Journal of Public Interest Law 107 (Spring, 2024) Once an unprecedented pandemic, COVID-19, was characterized as the Chinese Virus and the Kung Flu by former President Trump, centuries-old xenophobic attitudes and racial injustices towards Asian Americans and Pacific Islanders (AAPIs) were reignited with a dramatic increase in hate incidents and crimes. However, unlike COVID-19, there is... 2024   Multiple Groups
John Beaty CRITICAL RACE THEORY IN THE CLASSROOM: IOWA'S CRITICAL RACE THEORY BAN AND THE LIMITS OF THE FIRST AMENDMENT 27 Journal of Gender, Race and Justice 137 (Winter, 2024) In 2019, Critical Race Theory (CRT) moved from the pages of law journals to the front page of the newspaper and became the centerpiece of a partisan political battle over the classroom. In response, several states have passed laws to ban CRT from the classroom. Iowa's CRT ban directly regulates speech about race in K-12 classrooms and one Iowa... 2024    
Emily Behzadi Cárdenas DESETTLING FIXATION 102 North Carolina Law Review 865 (March, 2024) Scholars have long contemplated how the effects of colonialism have permeated even race neutral laws. This Article scrutinizes the ways Eurocentric copyright systems have failed to protect, and have even encouraged, the unauthorized uses of indigenous heritage in derivative subject matter, exposing how settler colonialism in copyright law has... 2024   American Indian/Alaskan Native
Jessica Miles DISGUSTED JUDGES AND DOMESTIC VIOLENCE 55 Seton Hall Law Review 353 (2024) Domestic violence is disgusting. Seeing a person with a bruised face or black eye can make us cringe. Reading a graphic description of a physical or sexual assault by an intimate partner can lead to revulsion. Like the rest of us, judges experience disgust--both consciously and subconsciously--when confronted with evidence of abuse in intimate... 2024   African/Black American
MarcAnthony Parrino DO NOT RESURRECT THE DRAFT: THE CURRENT RECRUITING CRISIS AND WHY THE UNITED STATES SHOULD SUSTAIN THE ALL-VOLUNTEER FORCE 51 Fordham Urban Law Journal 897 (March, 2024) Introduction. 898 I. Relevant Background. 901 A. Historical Overview of Obligation in American Military Service. 901 1. The Militia Concept and the Civil War Draft. 902 2. Conscription During the World Wars (1917-1918, 1940-1946). 904 3. Cold War Conscription (1948-1973). 907 4. Registration and the Constitutionality of Conscription. 909 B.... 2024    
Jarienn A. James ELIMINATING RACIAL ASSAULT OF BLACK BODIES IN LAW SCHOOL THROUGH CRT BASED PROFESSIONALISM 72 UCLA Law Review Discourse 150 (2024) The failure of the legal academy to create professional law school environments embracing the tenets of Critical Race Theory (CRT) sustains racial assault on Black Bodies. Embracing the tenets of CRT can help to improve law school environments, because CRT examines systemic racism and causes individuals to rethink policies and procedures with an... 2024   African/Black American
Jake P. Mantin , Christopher R. Deubert , Glenn M. Wong GENERAL COUNSELS IN SPORTS: AN UPDATED AND EXPANDED ANALYSIS OF THE RESPONSIBILITIES, DEMOGRAPHICS, AND QUALIFICATIONS 13 Arizona State Sports & Entertainment Law Journal 1 (Spring, 2024) C1-2Contents Abstract. 2 Introduction. 3 I. The Big Four Leagues. 5 A. Areas of Change. 6 1. Race/Ethnicity. 7 2. Gender. 14 3. Prior Industry Experience. 16 4. Prior Experience at a Sports Law Firm. 20 5. Experience as Associate Counsel. 25 B. Areas without Meaningful Change. 27 1. Age. 27 2. Age when Hired as General Counsel. 28 3. Current Law... 2024    
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
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
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    
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    
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
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    
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    
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    
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    
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
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    
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
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
  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    
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    
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
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
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
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    
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
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
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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