| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2021 |
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| Samuel Vincent Jones |
LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION |
21 Berkeley Journal of African-American Law & Policy 84 (2021) |
Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... |
2021 |
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| Antje du Bois-Pedain |
MASS INCARCERATION, PENAL MODERATION, AND BLACK PRISONERS SERVING VERY LONG SENTENCES: THE CASE FOR A TARGETED CLEMENCY PROGRAM |
24 New Criminal Law Review 655 (Fall, 2021) |
The prevalent criminal justice practices in the U.S. have produced levels and patterns of incarceration that fewer and fewer politicians, scholars, and citizens care to support. There seems to be widespread consensus that the system is indicted as unjust by its outcomes no matter how these outcomes came about. But if that is so, how can it be... |
2021 |
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| Elizabeth Chambliss , Christopher Uggen |
Men and Women of Elite Law Firms: Reevaluating Kanter's Legacy |
25 Law and Social Inquiry 41 (Winter, 2000) |
This paper tests the effects of minority partner representation on minority associate representation in a sample of 97 law firms from 1980 to 1990. We perform separate analyses for women, African Americans, Hispanics, and Asian Americans, and we consider both within-group and cross-group effects. We find that minority partner representation has a...; Search Snippet: ...LAW AND SOCIAL INQUIRY Law and Social Inquiry Winter, 2000 MEN AND WOMEN OF ELITE LAW FIRMS: REEVALUATING KANTER'S LEGACY Elizabeth... |
2021 |
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Multiple Groups |
| Devon W. Carbado |
Men in Black |
3 Journal of Gender, Race and Justice 427 (Spring 2000) |
We are a collective of Black feminists who have been meeting together since 1974. . . . The most general statement of our politics at the present time would be that we are actively committed to struggling against racial, sexual, heterosexual, and class oppression, and see as our particular task the development of integrated analysis and practice...; Search Snippet: ...JUSTICE Journal of Gender, Race and Justice Spring 2000 Article MEN IN BLACK Devon W. Carbado [FNa1] Copyright (c) 2000 Journal... |
2021 |
Yes |
Multiple Groups |
| Paul K. Stafford |
Men, Their Rights and Nothing More; Women, Their Rights and Nothing Less |
83 Texas Bar Journal 372 (June, 2020) |
Annually, our nation commemorates black history in February and women's history in March; however, in 2020 we are commemorating the anniversaries of two seminal movements culminating in the ratification of two constitutional amendments--the 150th anniversary of the 15th and the 100th anniversary of the 19th. It is no more possible to understand the...; Search Snippet: ...2994199 TEXAS BAR JOURNAL Texas Bar Journal June, 2020 Feature MEN, THEIR RIGHTS AND NOTHING MORE; WOMEN, THEIR RIGHTS AND NOTHING... |
2021 |
Yes |
African/Black American |
| Katilyn Hollowell |
Mind the Gap: Bridging Gender Wage Inequality in Louisiana |
77 Louisiana Law Review 833 (Spring, 2017) |
The public policy of Louisiana is that a woman who performs public service for the state is entitled to be paid the same compensation for her services as is paid to a man who performs the same kind, grade, and quality of service, and a distinction in compensation may not be made because of sex. Strikingly, Louisiana women who are not in public...; Search Snippet: ...Louisiana Law Review Spring, 2017 Comment MIND THE GAP: BRIDGING GENDER WAGE INEQUALITY IN LOUISIANA Katilyn Hollowell [FNa1] Copyright © 2017 by... |
2021 |
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African/Black American |
| Francis X. Shen |
Minority Mens Rea: Racial Bias and Criminal Mental States |
68 Hastings Law Journal 1007 (June, 2017) |
The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making minority mens rea a centerpiece of the justice process. This Article presents an empirical investigation of how jury eligible subjects decode minority mens...; Search Snippet: ...HASTINGS LAW JOURNAL Hastings Law Journal June, 2017 Article MINORITY MENS REA: RACIAL BIAS AND CRIMINAL MENTAL STATES Francis X. Shen... |
2021 |
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African/Black American |
| Marisa K. Sanchez |
MODERNIZING DISCRIMINATION LAW: THE ADOPTION OF AN INTERSECTIONAL LENS |
23 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2021) |
Introduction. 2 I. What is Intersectionality?. 6 A. The Theory of Intersectionality. 6 B. Intersectional Jurisprudence. 9 II. Transgender Latinx Community. 19 A. Legal Issues Faced by Transgender People. 20 B. Legal Issues Faced by the Latinx Community. 30 C. Intersections of Race and Gender Identity. 38 III. Solutions. 41 A. Title VII... |
2021 |
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| Laura Lane-Steele |
My Brother's Keeper, My Sister's Neglector: a Critique and Explanation of Single-sex Initiatives for Black Boys |
39 Columbia Journal of Gender and Law 60 (Fall, 2019) |
The urgent problems facing Black boys and young men have triggered the proliferation of single-sex initiatives aimed at tackling these obstacles, namely public single-sex schools and programs inspired by President Obama's My Brother's Keeper initiative. Black girls have largely been left out of these initiatives despite facing many of the same...; Search Snippet: ...A CRITIQUE AND EXPLANATION OF SINGLE-SEX INITIATIVES FOR BLACK BOYS Laura Lane-Steele [FNa1] Copyright © 2019 by the Columbia Journal... |
2021 |
Yes |
African/Black American |
| Wendy Crowther |
Native American Graves Protection and Repatriation Act: How Kennewick Man Uncovered the Problems in Nagpra |
20 Journal of Land, Resources,and Environmental Law 269 (2000) |
In 1990 Congress passed the Native American Graves Protection and Repatriation Act, (NAGPRA or the Act), with the purpose of returning to affiliated tribes Native American remains and cultural objects housed in museums or discovered on federal land and to protect Native American burial sites. The Act requires that all federal agencies and museums...; Search Snippet: ...LAW Journal of Land, Resources,and Environmental Law 2000 Comment NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT: HOW KENNEWICK MAN UNCOVERED THE PROBLEMS IN NAGPRA Wendy Crowther Copyright (c) 2000... |
2021 |
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Multiple Groups |
| David Freeman Engstrom |
Not Merely There to Help the Men: Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action |
70 Stanford Law Review Rev. 1 (January, 2018) |
Abstract. Why, in a nation thought pervasively committed to adversarial legalism, did mass litigation and, in particular, the class action lawsuit not emerge as significant regulatory tools until at least the 1970s? Standard answers point to New Deal faith in bureaucracy or to an Advisory Committee that was not moved to amend Rule 23 of the...; Search Snippet: ...Review January, 2018 Article NOT MERELY THERE TO HELP THE MEN : EQUAL PAY LAWS, COLLECTIVE RIGHTS, AND THE MAKING OF THE... |
2021 |
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African/Black American |
| Sarah Houston |
NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND |
47 Mitchell Hamline Law Review 197 (February, 2021) |
I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... |
2021 |
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| Aliza Hochman Bloom |
OBJECTIVE ENOUGH: RACE IS RELEVANT TO THE REASONABLE PERSON IN CRIMINAL PROCEDURE |
19 Stanford Journal of Civil Rights & Civil Liberties 1 (April, 2023) |
There is overwhelming evidence that an individual's race affects how police treat them during a police encounter, and that Black Americans have substantial cause to worry about the consequences of ignoring or walking away from law enforcement. Accordingly, when courts determine whether a reasonable person feels free to decline, leave, or end an... |
2021 |
Yes |
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| Etienne C. Toussaint |
OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN |
52 Columbia Human Rights Law Review 826 (Winter, 2021) |
The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... |
2021 |
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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.... |
2021 |
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| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2021 |
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| Lauren McLane |
OUR LOWER COURTS MUST GET IN "GOOD TROUBLE, NECESSARY TROUBLE," AND DESERT TWO PILLARS OF RACIAL INJUSTICE--WHREN v. UNITED STATES AND BATSON v. KENTUCKY |
20 Connecticut Public Interest Law Journal 181 (Spring, 2021) |
We must get in trouble, good trouble . use the law, use the law, use the Constitution to bring about a nonviolent revolution. - Rep. John Lewis On July 10, 2015, Sandra Bland was on the way to her alma mater, Prairie View A&M University, a historically Black university in Texas, to take a new job. When Trooper Encinia's patrol car got into the lane... |
2021 |
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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... |
2021 |
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| Robert L. Nelson, Ioana Sendroiu, Ronit Dinovitzer, Meghan Dawe |
Perceiving Discrimination: Race, Gender, and Sexual Orientation in the Legal Workplace |
44 Law and Social Inquiry 1051 (November, 2019) |
Using quantitative and qualitative data from a large national sample of lawyers, we examine self-reports of perceived discrimination in the legal workplace. Across three waves of surveys, we find that persons of color, white women, and LGBTQ attorneys are far more likely to perceive they have been a target of discrimination than white men. These...; Search Snippet: ...Law and Social Inquiry November, 2019 Article PERCEIVING DISCRIMINATION: RACE, GENDER, AND SEXUAL ORIENTATION IN THE LEGAL WORKPLACE Robert L. Nelson... |
2021 |
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African/Black American |
| Jenny E. Carroll |
POLICING PROTEST: SPEECH, SPACE, CRIME, AND THE JURY |
133 Yale Law Journal 175 (October, 2023) |
Speech is more than just an individual right--it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the... |
2021 |
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| Avlana K. Eisenberg |
POLICING THE DANGER NARRATIVE |
113 Journal of Criminal Law and Criminology 473 (Summer, 2023) |
The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture--namely, how... |
2021 |
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| Clare Huntington |
PRAGMATIC FAMILY LAW |
136 Harvard Law Review 1501 (April, 2023) |
C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... |
2021 |
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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... |
2021 |
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| Jelani Jefferson Exum |
PRESUMED PUNISHABLE: SENTENCING ON THE STREETS AND THE NEED TO PROTECT BLACK LIVES THROUGH A REINVIGORATION OF THE PRESUMPTION OF INNOCENCE |
64 Howard Law Journal 301 (Winter, 2021) |
Introduction. 302 L1-2 I. Presumed Punishable A. The Development of Race-Based Policing and the Presumption of the Need to Control Black People Through Force. 305 B. The Current Consequences of Being Presumed Punishable. 309 C. Police as the Tool of the Presumption. 311 D. The Trauma of Being Presumed Punishable. 315 II. The Presumption of... |
2021 |
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| Laurie J. Taylor |
Provoked Reason in Men and Women: Heat-of-passion Manslaughter and Imperfect Self-defense |
33 UCLA Law Review 1679 (August, 1986) |
The law of homicide assumes that intentional killings are fairly punished: it holds the offender most blameworthy and assigns the highest degree of culpability when the intent to kill is the product of the offender's premeditation and deliberation. To partially excuse homicide is to recognize that external forces and human weaknesses render some...; Search Snippet: ...REVIEW UCLA Law Review August, 1986 Comment PROVOKED REASON IN MEN AND WOMEN: HEAT-OF-PASSION MANSLAUGHTER AND IMPERFECT SELF-DEFENSE... |
2021 |
Yes |
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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... |
2021 |
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| Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick |
RACE AND GENDER AND POLICING |
21 Nevada Law Journal 885 (Spring, 2021) |
C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... |
2021 |
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| Anthony V. Alfieri |
RACE ETHICS: COLORBLIND FORMALISM AND COLOR-CODED PRAGMATISM IN LAWYER REGULATION |
36 Georgetown Journal of Legal Ethics 353 (Summer, 2023) |
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville Unite the Right Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and... |
2021 |
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| 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... |
2021 |
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| Margaret F. Brinig |
Racial and Gender Justice in the Child Welfare and Child Support Systems |
35 Law & Inequality: A Journal of Theory and Practice 199 (Summer, 2017) |
Academics have studied married and divorcing couples for many years. It is relatively easy to do so, because marriage and divorce records are, for the most part, public and because many separating married couples consult mental health and legal professionals. Intact or separating unmarried couples, a growing segment of the U.S. (and world)...; Search Snippet: ...Coercion, Class, and Paternal Participation | Nov. 17, 2016 RACIAL AND GENDER JUSTICE IN THE CHILD WELFARE AND CHILD SUPPORT SYSTEMS Margaret... |
2021 |
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African/Black American |
| Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2021 |
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| Victor C. Romero |
RACISM, INCORPORATED: RAMOS v. LOUISIANA AND JOGGING WHILE BLACK |
30 Southern California Interdisciplinary Law Journal 101 (Fall, 2020/2021) |
There is more to the U.S. Supreme Court's recent decision in Ramos v. Louisiana than its holding requiring unanimous state jury verdicts via the incorporation doctrine. The underlying debate among the Justices in Ramos about the salience of race in the law is a window into the current cultural moment. After identifying the racial debate underlying... |
2021 |
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| Ruth Colker |
Rank-order Physical Abilities Selection Devices for Traditionally Male Occupations as Gender-based Employment Discrimination |
19 U.C. Davis Law Review 761 (Summer, 1986) |
Historically, women, as well as racial minorities, have been excluded from police and firefighter positions. Only recently, since the 1972 amendments to Title VII of the Civil Rights Act of 1964 extended coverage to state and local governments, have many police and fire departments begun to permit women to apply for employment. However, these...; Search Snippet: ...Summer, 1986 RANK-ORDER PHYSICAL ABILITIES SELECTION DEVICES FOR TRADITIONALLY MALE OCCUPATIONS AS GENDER-BASED EMPLOYMENT DISCRIMINATION Ruth Colker [FNa] Copyright 1986 by the... |
2021 |
Yes |
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| Abigail C. Saguy , Juliet A. Williams , Mallory Rees |
Reassessing Gender Neutrality |
54 Law and Society Review Rev. 7 (March, 2020) |
Since the 1970s, advocates have used the term gender neutral to press for legal change in contexts ranging from employment discrimination to marriage equality to public restroom access. Drawing on analyses of all Supreme Court cases, federal courts of appeals cases, and Supreme Court amicus briefs in which the terms gender neutral/neutrality, sex...; Search Snippet: ...SOCIETY REVIEW Law and Society Review March, 2020 Article REASSESSING GENDER NEUTRALITY [FNa1] Abigail C. Saguy [FNa2] Juliet A. Williams [FNa3... |
2021 |
Yes |
African/Black American |
| 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... |
2021 |
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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... |
2021 |
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| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
39 Minnesota Journal of Law & Inequality 511 (2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
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| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
47 Mitchell Hamline Law Review 138 (November, 2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
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| Beth Caldwell |
REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP |
98 Washington Law Review 787 (October, 2023) |
Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... |
2021 |
Yes |
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| Shirley LaVarco |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FROM A TRANSFORMATIVE JUSTICE PERSPECTIVE: DECARCERATION AND FINANCIAL REPARATIONS FOR CRIMINALIZED SURVIVORS OF SEXUAL AND GENDER-BASED VIOLENCE |
98 New York University Law Review 912 (June, 2023) |
While the Violence Against Women Act (VAWA) has long been venerated as a major legislative victory for those subjected to sexual and gender-based violence (S/GBV), VAWA is less often understood as the funding boon that it is for police, prosecutors, and prisons. A growing literature on the harms of carceral feminism has shown that VAWA has never... |
2021 |
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| Thalia González |
RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM |
113 Journal of Criminal Law and Criminology 541 (Summer, 2023) |
A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... |
2021 |
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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... |
2021 |
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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... |
2021 |
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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... |
2021 |
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| 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... |
2021 |
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| Jonathan Andrew Perez |
RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM |
24 Journal of Gender, Race and Justice 87 (Spring, 2021) |
I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... |
2021 |
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| Angela Onwuachi-Willig |
ROBERTS'S REVISIONS: A NARRATOLOGICAL READING OF THE AFFIRMATIVE ACTION CASES |
137 Harvard Law Review 192 (November, 2023) |
In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are mere recitations of facts and legal principles applied to those facts; they are the end result of a contest between opposing sides that have brought the parties to an objective truth through a lawsuit. In these scholars' eyes,... |
2021 |
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| Kimberly D. Bailey |
Sex in a Masculinities World: Gender, Undesired Sex, and Rape |
21 Journal of Gender, Race and Justice 281 (Winter, 2018) |
This Article examines gender, rape, and consensual, but undesired, sex. Drawing on scholars from both feminist and masculinities literature, it argues that rape is not just a product of women's subordinated relationship to men; it is also a product of men's relationships with each other. Specifically, rape can be the result of an unstable masculine...; Search Snippet: ...and Justice Winter, 2018 Article SEX IN A MASCULINITIES WORLD: GENDER, UNDESIRED SEX, AND RAPE Kimberly D. Bailey [FNa1] Copyright © 2018... |
2021 |
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African/Black American |
| Trust Kupupika |
SHAPING OUR FREEDOM DREAMS: RECLAIMING INTERSECTIONALITY THROUGH BLACK FEMINIST LEGAL THEORY |
107 Virginia Law Review Online 27 (January, 2021) |
Black feminist legal theory has offered the tool of intersectionality to modern feminist movements to help combat interlocking systems of oppression. Despite this tremendous offering, intersectionality has become wholly divorced from its Black feminist origins. This is significant because without a deep engagement with Black feminist legal theory,... |
2021 |
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