| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Walter I. Gonçalves, Jr. |
"HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS |
59 American Criminal Law Review 293 (Spring, 2022) |
Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... |
2022 |
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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 |
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Multiple Groups |
| 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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| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
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Asian American/Pacific Islander American |
| Tamara Rice Lave |
BLAME THE VICTIM: HOW MISTREATMENT BY THE STATE IS USED TO LEGITIMIZE POLICE VIOLENCE |
87 Brooklyn Law Review 1161 (Summer, 2022) |
The surprising thing about George Floyd is not that he was forcibly arrested for a nonviolent crime. That is a regular occurrence for Black men in America. Nor is it that he was killed by the police. A recent study published by the National Academy of Sciences found that [p]olice violence is a leading cause of death for young men--especially for... |
2022 |
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African/Black American |
| 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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| Cynthia Godsoe , Abbe Smith , Ellen Yaroshefsky |
CAN YOU BE A LEGAL ETHICS SCHOLAR AND HAVE GUTS? |
35 Georgetown Journal of Legal Ethics 429 (Summer, 2022) |
Recent efforts to hold lawyers accountable for their actions--including lawyers who sought to overturn the 2020 Presidential election based on false evidence, and New York City prosecutors who have committed serious misconduct-- failed to draw a significant number of legal ethics scholars. The authors of this Essay are troubled by this. We... |
2022 |
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| 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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| 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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| Teddy Okechukwu |
DISENFRANCHISEMENT, DEMOCRACY, AND INCARCERATION: A LEGISLATIVE END TO FELONY DISENFRANCHISEMENT IN UNITED STATES PRISONS |
170 University of Pennsylvania Law Review 1303 (May, 2022) |
Introduction. 1304 I. The Landscape of Felony Disenfranchisement in the United States. 1306 A. History of Voting and Disenfranchisement. 1306 B. Current Disenfranchisement Laws. 1308 C. The Pernicious Effects of Contemporary Disenfranchisement Laws. 1312 II. The Flawed Justifications Behind Felony Disenfranchisement Laws. 1316 A. Purity of the... |
2022 |
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| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
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Asian American/Pacific Islander American |
| 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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| Sherley E. Cruz |
ESSENTIALLY UNPROTECTED |
96 Tulane Law Review 637 (April, 2022) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. --Dr. Martin Luther King, Jr. Since the start of the COVID-19 pandemic, the American public has relied on essential low-wage workers to provide... |
2022 |
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| Alysia Lo |
EXPERT TESTIMONY ON FALSE CONFESSIONS: AN OLD PSYCHOLOGICAL PROBLEM WITH NEW CHALLENGES IN NEW YORK COURTS |
50 Fordham Urban Law Journal 107 (November, 2022) |
Introduction. 108 I. Wrongful Convictions and False Confessions. 116 A. The Problem of False Confessions. 117 B. Supreme Court Cases on Psychological Interrogation. 122 C. The Disproportionate Impact of False Confessions on Marginalized Populations. 123 II. The Problem of Expert Testimony. 127 A. The Case for Admitting Expert Testimony. 129 B. The... |
2022 |
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| Cynthia Lee |
FIREARMS AND INITIAL AGGRESSORS |
101 North Carolina Law Review 1 (December, 2022) |
Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... |
2022 |
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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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| 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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| Gregory S. Parks , Shayne E. Jones , Sean E. Rogers |
OLD HEADS: HAZING AND THE ROLE OF FRATERNITY AND SORORITY ALUMNI |
46 Law & Psychology Review 1 (2021-2022) |
C1-2Table of Contents I. Introduction. 3 II. Framing the Old Head--Hazing Dilemma. 6 III. Alumni and Their Hazing Involvement. 11 IV. Organizational Commitment. 18 A. Organizational Commitment's Relationship to Identification, Satisfaction, Embeddedness, and Involvement. 19 B. How Organizations Can Develop Organizational Commitment. 22 C.... |
2022 |
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| Amy F. Kimpel |
PAYING FOR A CLEAN RECORD |
112 Journal of Criminal Law and Criminology 439 (Summer, 2022) |
Prosecutors and courts often charge a premium for the ability to avoid or erase a criminal conviction. Defendants with means, who tend to be predominantly White, can often pay for a clean record. But the indigent who are unable to pay, and are disproportionately Black and Brown, are saddled with the stigma of a criminal record. Diversion and... |
2022 |
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Multiple Groups |
| 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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| Aaron Hill |
PUTTING POLICE IN THE PADDYWAGON: AN ANALYSIS OF THE DIFFICULTIES OF PROSECUTING POLICE AND PROPOSED SOLUTIONS |
53 University of Toledo Law Review 497 (Spring, 2022) |
The nation is traumatized. Years ago, the world watched as Rodney King was beaten by police officers. King was bludgeoned fifty-six times, kicked multiple times, and tased. However, when criminal charges were brought, the officers were acquitted. Two decades later, the nation watched video footage of Tamir Rice, a twelve-year-old African American... |
2022 |
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African/Black American |
| Frances Baillon , Michelle Gibbons |
RACE-BASED HOSTILE WORK ENVIRONMENT CLAIMS IN FEDERAL AND MINNESOTA COURTS: A HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF THE "SEVERE OR PERVASIVE" STANDARD |
48 Mitchell Hamline Law Review 863 (May, 2022) |
I. Introduction. 864 II. Statutory Measures Addressing Race Harassment. 865 A. State Statute--The Minnesota Human Rights Act. 865 B. Federal Statute--Title VII. 866 III. The History of Race Harassment Claims and the Origins of the Federal Severe or Pervasive Standard. 867 A. Early Federal Decisions Apply an Expansive View of Title VII and... |
2022 |
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| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
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| Kele M. Stewart |
RE-ENVISIONING CHILD WELL-BEING: DISMANTLING THE INEQUITABLE INTERSECTIONS AMONG CHILD WELFARE, JUVENILE JUSTICE, AND EDUCATION |
12 Columbia Journal of Race and Law 1 (June, 2022) |
I. Racialized Outcomes, Poverty and America's Hierarchy. 4 A. Racialized Youth Outcomes. 4 B. The Role of Poverty. 6 C. Hierarchies. 7 II. The Child Welfare, Education, and Juvenile Justice Systems. 8 A. The Family Regulation System. 9 B. The Juvenile Justice System. 14 C. The Education System. 16 III. The Compounding Effect of Interaction Between... |
2022 |
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| Dylan Farrell-Bryan , Department of Sociology, University of Pennsylvania, Philadelphia, Pennsylvania, USA |
RELIEF OR REMOVAL: STATE LOGICS OF DESERVINGNESS AND MASCULINITY FOR IMMIGRANT MEN IN REMOVAL PROCEEDINGS |
56 Law and Society Review 167 (June, 2022) |
In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical... |
2022 |
yes |
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RIGHT OF ACCESS TO COURTS |
51 Georgetown Law Journal Annual Review of Criminal Procedure 1189 (2022) |
The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help inmates prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required... |
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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| Corey L. Gordon |
RIGHTING WRONGS THROUGH POSTHUMOUS PARDONS: MAX MASON, THE DULUTH LYNCHINGS, AND LESSONS FOR THE FUTURE |
18 University of Saint Thomas Law Journal 87 (Spring, 2022) |
On June 12, 2020, just three days shy of the 100th anniversary of the infamous lynchings of three African-Americans in Duluth, Minnesota, and less than three weeks after the brutal murder of George Floyd at the hands (and knees) of Minneapolis police officers, the Minnesota Board of Pardons granted the state's first-ever posthumous pardon. It went... |
2022 |
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African/Black American |
| Elisabeth A. Dannan |
RIGHTS TO REMOVE: CONSTITUTIONAL MUNICIPAL RIGHTS TO REMOVE CONFEDERATE MONUMENTS FROM PUBLIC PROPERTY |
72 Syracuse Law Review 1355 (2022) |
Abstract. 1355 Introduction. 1356 I. History and Jurisprudence of Limited Municipal Rights. 1360 A. Hunter, Trenton, and Williams. 1361 B. Ysursa v. Pocatello Education Association. 1364 II. Municipal First Amendment Claims: Government and Compelled Speech. 1365 A. Government Speech. 1367 B. Compelled Speech. 1372 III. Municipal Equal Protection... |
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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| Blanche Bong Cook |
SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE |
102 Boston University Law Review 1 (February, 2022) |
When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... |
2022 |
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| Osamudia James |
SUPERIOR STATUS: RELATIONAL OBSTACLES IN THE LAW TO RACIAL JUSTICE AND LGBTQ EQUALITY |
63 Boston College Law Review 199 (January, 2022) |
Introduction. 200 I. Equality Stalled. 206 A. Education. 206 B. Marriage. 212 II. Status in Equality Movements. 217 A. Social Status. 218 1. The Architecture of Status. 218 2. Discrimination, Animus, Status. 222 B. Status in Movements. 226 1. Public School Integration. 226 2. Same-Sex Marriage. 233 III. Accounting for Status. 241 A. Law and... |
2022 |
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| Shaun Ossei-Owusu |
THE NEW PENAL BUREAUCRATS |
170 University of Pennsylvania Law Review 1389 (June, 2022) |
Introduction. 1390 I. The Same Legal Problems. 1400 A. Criminal Legal Education and the Reproduction of Hierarchy. 1400 B. Law School Socialization. 1407 C. Demographics. 1413 II. The New Penal Bureaucrats. 1420 A. Generational Change in the Legal Profession. 1421 B. Prosecution Reimagined. 1426 C. Indigent Defense Rebooted. 1433 III. Provocation... |
2022 |
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| Cynthia Godsoe |
THE PLACE OF THE PROSECUTOR IN ABOLITIONIST PRAXIS |
69 UCLA Law Review 164 (March, 2022) |
Progressive prosecutors have been widely hailed as the solution to mass incarceration. This Article argues, to the contrary, that the legal arm of law enforcement can never be the full answer to its problems. While scholars critique police and call to defund and dismantle them, they overlook prosecutors. Building on the work of abolitionist... |
2022 |
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| Alaina Heuring |
THIRD TIME'S A CHARM: THE CASE FOR BAN THE BOX LEGISLATION IN IDAHO |
58 Idaho Law Review 288 (2022) |
A growing chorus of legislative bodies have enacted legislation signaling an about-face to the nation's tough on crime criminal justice approach. Ban the box legislation, which prohibits employers' ability to inquire into a job applicant's criminal history, has found a home in the majority of U.S. states' laws today. The ban the box movement... |
2022 |
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| Kimberlé Williams Crenshaw |
THIS IS NOT A DRILL: THE WAR AGAINST ANTIRACIST TEACHING IN AMERICA |
68 UCLA Law Review 1702 (February, 2022) |
On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and... |
2022 |
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| Rachael Liebert |
TRAUMA AND BLAMEWORTHINESS IN THE CRIMINAL LEGAL SYSTEM |
18 Stanford Journal of Civil Rights & Civil Liberties 225 (May, 2022) |
Violence can result in trauma, but so too can trauma lead to violence. Neuroscience offers an increasingly sophisticated understanding of the biology of behavior, including the nexus between trauma and criminal behavior. Yet the criminal legal system consistently fails to account for the traumatic backgrounds of many people charged with crimes.... |
2022 |
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| C. Scott Holmes , Amelia O'Rourke-Owens |
TRESPASSING ON WHITE SUPREMACY: THE LEGACY OF ESTABLISHMENT WHITE SUPREMACY IN NORTH CAROLINA |
100 North Carolina Law Review Forum 149 (2022) |
White supremacy offers a unifying framework for understanding the legal history of North Carolina, the current legal regime of the state, and the actions of the state in responding to protests demanding redress from that insidious history. We provide a history of the First Reconstruction in the state, the leading role of white lawyers in the... |
2022 |
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White |
| Michael Heise, Jason P. Nance |
"DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS |
111 Journal of Criminal Law and Criminology 717 (Summer, 2021) |
Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... |
2021 |
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African/Black American |
| Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD |
"I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY |
25 U.C. Davis Social Justice Law Review 73 (Summer, 2021) |
I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... |
2021 |
Yes |
African/Black American |
| Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell Law Review 171 (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
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| David H. Gans |
"WE DO NOT WANT TO BE HUNTED": THE RIGHT TO BE SECURE AND OUR CONSTITUTIONAL STORY OF RACE AND POLICING |
11 Columbia Journal of Race and Law 239 (April, 2021) |
Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment's transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all, regardless of race. This Article... |
2021 |
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| Xuan-Thao Nguyen |
#METOO INNOVATORS: DISRUPTING THE RACE AND GENDER CODE BY ASIAN AMERICANS IN THE TECH INDUSTRY |
28 Asian American Law Journal 17 (2021) |
This Article focuses on how Asian American women innovators of the #MeToo generation are disrupting the code of conduct in the tech industry. The code is hard-wired into the tech bro culture of mirrortocracy, resulting in hiring practices that perpetuate existing company demographics and statistics that show that Asian American women face 2.91... |
2021 |
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Asian American |
| Angela Onwuachi-Willig, Anthony V. Alfieri |
(RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 |
130 Yale Law Journal 2052 (June, 2021) |
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... |
2021 |
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Multiple Groups |
| Leslie Patrice Culver |
(UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY |
21 Nevada Law Journal 655 (Spring, 2021) |
IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... |
2021 |
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| Desirée D. Mitchell |
A CLASS OF ONE: MULTIRACIAL INDIVIDUALS UNDER EQUAL PROTECTION |
88 University of Chicago Law Review 237 (January, 2021) |
When it comes to recognizing multiracial individuals under the Equal Protection Clause, courts have fallen short. Only rarely do courts explicitly identify multiracial plaintiffs as just that--multiracial. Instead, the majority of courts revert to a one-drop rule in which they view plaintiffs as only one part of their self-identified racial... |
2021 |
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| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
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| Dominique Marangoni-Simonsen |
A FORGOTTEN HISTORY: HOW THE ASIAN AMERICAN WORKFORCE CULTIVATED MONTEREY COUNTY'S AGRICULTURAL INDUSTRY, DESPITE NATIONAL ANTI-ASIAN RHETORIC |
27 Hastings Environmental Law Journal 229 (Winter, 2021) |
This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these... |
2021 |
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Asian American |
| Aderson Bellegarde François |
A LOST WORLD: SALLIE ROBINSON, THE CIVIL RIGHTS CASES, AND MISSING NARRATIVES OF SLAVERY IN THE SUPREME COURT'S RECONSTRUCTION JURISPRUDENCE |
109 Georgetown Law Journal 1015 (April, 2021) |
It is the sound of vanishing--the music as it plays itself to silence, the train as it travels away, a voice left on magnetic tape. The Supreme Court tells stories about who and what we are--the sort of knowledge about [the] past that is shared, mutually acknowledged and reinforced by a collectivity. The Court is uniquely suited for this role:... |
2021 |
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