| Author | Title | Citation | Summary | Year |
| Claudia E. Tordini , Richard S. Franklin |
"HEALTH" IN HEMS MEANS COMPLETE WELL-BEING |
50 ACTEC Law Journal 339 (Summer, 2025) |
The ascertainable standard exception, most frequently articulated in trusts as health, education, maintenance and support (HEMS), has assumed an outsized role in estate planning, perhaps being the most ubiquitous estate tax concept in usage and yet the boundaries of the included term health being the least defined. In 1951, Congress enacted... |
2025 |
| Emily R. Holtzman |
"MY MUSEUM'S RELUCTANT UNDERTAKERS": REPATRIATION AFTER THE 2023 NAGPRA RULE |
59 Columbia Journal of Law and Social Problems 99 (2025) |
The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) recognized the rights of Indian Tribes and Native Hawaiian organizations to their own ancestral human remains, associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. The promise of NAGPRA was to repatriate hundreds of thousands of... |
2025 |
| Robert S. Chang , Cecily C. Hazelrigg , Linda CJ Lee |
"THAT'S NOT MY NAME": THE LINGUISTIC VIOLENCE OF MISNAMING PARTIES IN COURT PROCEEDINGS |
100 Washington Law Review 687 (October, 2025) |
Abstract: This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the... |
2025 |
| Josh Gupta-Kagan |
(DE)FUNDING FAMILY SEPARATIONS |
27 NYU Journal of Legislation and Public Policy 605 (2024-2025) |
Federal foster care funding exists in tension with foundational family law principles. The law protects family integrity: the state may only separate parents and children in extreme cases, and, when it does, the state must work to reunify families. Yet the federal funding system directs billions of federal dollars to support CPS agencies and pay... |
2025 |
| Jennifer Pahre, Cara Shanahan, Emma Troy, Brooke Conklin |
A COMPARISON OF INADEQUATE DOCTRINES: THE CANADIAN "HONOUR OF THE CROWN" AND THE U.S. FEDERAL TRUST RESPONSIBILITY |
12 Texas A&M Journal of Property Law 115 (1-Nov-25) |
I. Introduction. 115 II. The United States' Trust Responsibility Doctrine. 116 III. The Canadian honour of the Crown Doctrine. 130 IV. Recommendations. 142 A. Restoring the Trust Responsibility Doctrine and the honour of the Crown: Translating UNDRIP into Domestic Law. 144 B. Illustrative Examples of Successful--and Unsuccessful--Partnerships. 147... |
2025 |
| John T. Holden |
ACCESS OR SOVEREIGNTY |
74 Emory Law Journal 919 (2025) |
Despite centuries of genocidal assimilation and forced removal, Indigenous communities in the United States have persevered and even thrived. A key driver of economic success for many tribes is gambling. While states objected, perhaps out of greed, the Supreme Court held that, as sovereign governments, gaming operations on tribal land were largely... |
2025 |
| William K. Barquin , Elizabeth Thompson Tollefsbol, PhD , Traci J. Whelan , Attorney General, Kootenai Tribe of Idaho, Tribal Victim Assistance Specialist, United States Attorney's Office, District of Idaho, Assistant United States Attorney and Branch Manager, United States Attorney's Office, District of Idaho |
ACHIEVING PUBLIC SAFETY WITHIN TRANSBOUNDARY TRIBES: CHALLENGES AND PATHS FORWARD |
73 Department of Justice Journal of Federal Law and Practice 5 (August, 2025) |
For prosecutors and law enforcement assigned to Indian country, jurisdiction can be a challenging maze of factors, complicated by boundaries that may have been set by haphazard processes. Borders on transnational boundaries further complicate the complexity of this challenge. This article examines the challenges of achieving public safety when... |
2025 |
| Bailey Ulbricht |
ACTUALIZING INDIGENOUS DATA SOVEREIGNTY THROUGH TRIBAL SELF-GOVERNANCE |
55 New Mexico Law Review 77 (Winter, 2025) |
Data, as described by a Yurok Tribe council member, is the original theft-- the first thing stolen from Native peoples in the United States. Indigenous data sovereignty seeks to redress this and prevent future data infractions by placing Indigenous communities in charge of decision-making about their own data. Yet with no established body of... |
2025 |
| Jake Mazeitis |
ADAPTING GINGLES & RETAINING VOTER POWER: APPLYING THE VRA TO STATE JUDICIAL RETENTION ELECTIONS |
103 Nebraska Law Review 407 (2025) |
State supreme courts play a crucial yet overlooked role in our nation's judiciary. They are also predominantly White. In states with judicial elections, this racial homogeneity suggests that voters of color may not have an equal opportunity to elect representatives of their choice as required by the Voting Rights Act. While federal courts... |
2025 |
| Catherine Cunningham, Sebiga Lee, Caitlin Clements, Lauren Eber, Taylor-Ryan Nedd |
ADOPTION AND FOSTER CARE |
26 Georgetown Journal of Gender and the Law 299 (Annual Review 2025) |
I. Introduction. 300 II. Doctrinal Underpinnings of the Adoption and Foster Care Systems. 300 A. Historical Development and Current State of Adoption Law. 301 B. Beginning and Modern Development of Foster Care Law. 306 III. Rights of Biological Parents. 312 A. Biology Plus Approach and the Rights of Biological Fathers. 312 B. Impact of Safe Haven... |
2025 |
| Matthew L.M. Fletcher |
AGAINST JUDICIAL GENERALISTS |
77 Stanford Law Review Online 101 (June, 2025) |
There is something irritatingly wrong with Indian law practice at the Supreme Court. Oral argument at the Supreme Court is a bitterly unpleasant affair for Indigenous people and tribal advocates for a lengthy variety of reasons. It is canonical that tribal advocates must attempt to avoid Supreme Court review; the strategic thinking is that the... |
2025 |
| Gabriela Landolfo |
AN OLD WORLD DISCOVERY FOR NEW WORLD JUSTICE: THE FSIA PATH TO REPATRIATE STOLEN NATIVE AMERICAN ART |
58 Columbia Journal of Law and Social Problems 437 (2025) |
The legacy of imperialism thrives in the modern European museum. From Alutiiq masks in Berlin to a Pawnee Chief's remains in Stockholm, museum displays resign tribal emblems to the same fate as the people who produced them: forcibly separated from their culture and assimilated into a foreign one. Although U.S. courts recognize a cause of action... |
2025 |
| Ann E. Tweedy |
ANTICOMMANDEERING & INDIAN AFFAIRS LEGISLATION |
62 Harvard Journal on Legislation 39 (Winter, 2025) |
The Supreme Court recently applied the narrow and relatively new anticommandeering doctrine for the first time to federal Indian Affairs legislation in Haaland v. Brackeen. It did so without explaining why the doctrine should be extended from the Interstate Commerce Clause context to that of the Indian Commerce Clause, as well as to the other... |
2025 |
| Heather Whiteman Runs Him |
ARIZONA v. NAVAJO NATION: LEAVING A TRICKLE OF HOPE FOR WATER SECURITY ON THE NAVAJO RESERVATION |
53 Urban Lawyer 101 (January, 2025) |
During the 2023 term, the United States Supreme Court decided three major cases directly impacting Tribal Nations and their citizens. Two of these three cases were resolved in ways that eroded hope for protection of tribes' retained sovereignty or reliable access to critical resources. In these two decisions, the Court disregarded long-established... |
2025 |
| Grant Christensen |
ARTICLE IV AND INDIAN TRIBES |
110 Iowa Law Review 629 (January, 2025) |
ABSTRACT: Unlike the first three articles of the Constitution which create the three branches of the federal government and articulate their limited powers, Article IV establishes a set of rules to police the actions of states and knit them together into a single union. Notably absent from Article IV is any mention of the tribal sovereign.... |
2025 |
| Jeffrey A. Parness |
AT-BIRTH CHILDCARE PARENTAGE IN ASSISTED REPRODUCTION BIRTHS |
101 Indiana Law Journal Supplement 25 (2025) |
Assisted reproduction births in the United States are on the rise. These births can prompt parentage rights at birth in the care, custody, and control of children. Here, more than with children born of sex, parentage need not depend upon marriage or genetic ties. Rather, at-birth parentage often depends on consent, parental-like acts, or... |
2025 |
| J. Matthew Martin |
BARRIERS AND OPPORTUNITIES IN REPORTING IMPAIRED-DRIVING DATA FROM INDIAN COUNTRY |
64 Judges' Journal 19 (Winter, 2025) |
In 2021, the most recent year for which the National Highway Traffic Safety Administration (NHTSA) has data, there were 188 alcohol-involved crash fatalities on federally recognized Indian reservations in the United States. Of these individuals, 111 were Natives. While this may seem like a drop in the ocean of the greater, national impaired-driving... |
2025 |
| Kulsoom Ijaz, Minouche Kandel |
BEYOND AB 2223: THE ONGOING FIGHT FOR CALIFORNIA REPRODUCTIVE JUSTICE |
2025-DEC Los Angeles Lawyer 7 (November/December, 2025) |
In November 2020, Kelsey Carpenter went into labor at home in her apartment, two weeks before her due date. Like many pregnant people navigating substance use, she was terrified to go to the hospital for the birth. Child Welfare Services (CWS) had already removed two of her children after they tested positive for drugs when she gave birth to them... |
2025 |
| Jill C. Engle |
BIRTH ON MOTHER EARTH: MITIGATING THE MATERNAL HEALTH CRISIS |
32 Virginia Journal of Social Policy and the Law 53 (Spring, 2025) |
Introduction. 54 I. The Maternal Health Crisis & Collateral Problems for Women of Color. 58 A. Poor Maternal Health Outcomes. 58 B. Suppression of Birth Practices of Indigenous and People of Color. 66 C. Climate Change Exacerbates the Maternal Health Crisis. 71 II. Strategies That Improve Maternal Health Outcomes. 75 A. Midwives and Other... |
2025 |
| Michelle Paxton |
BRIDGING THE RURAL JUSTICE GAP: A SCALABLE SOLUTION ROOTED IN CLINICAL LEGAL EDUCATION |
21 Northwestern Journal of Law & Social Policy 39 (Fall, 2025) |
The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which... |
2025 |
| Evan D. Bernick |
CANON AGAINST CONQUEST |
2025 University of Illinois Law Review 1169 (2025) |
The curious thing about court cases which have occurred since the treaty days is that legal interpretation has been traditionally pro-Indian. -Vine Deloria, Jr., Custer Died For Your Sins: An Indian Manifesto (1969) The interpretive rules that require judges to read treaties, statutes, and other legal texts in favor of Native nations and people... |
2025 |
| Hana E. Brown , Department of Sociology, Wake Forest University, Winston-Salem, NC, USA, Email: brownhe@wfu.edu |
CHALLENGING THE INDIAN CHILD WELFARE ACT: COLORBLIND RACISM, WHITENESS AS PROPERTY, AND THE LEGAL ARCHITECTURE OF SETTLER COLONIALISM |
59 Law and Society Review 356 (June, 2025) |
(Received 19 October 2023; revised 14 June 2024; accepted 4 July 2024) Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). ICWA sought to end the forced removal of American Indian children from their... |
2025 |
| Diane Marie Amann |
CHILD-TAKING JUSTICE AND THE FEDERAL INDIAN BOARDING SCHOOL INITIATIVE |
119 American Journal of International Law 629 (October, 2025) |
I always wonder where the ghosts are & if they still celebrate the living - Kinsale Drake, Diné poet I formally apologize as president of the United States of America, for what we did. - Joe Biden, U.S. president All too common, among the too many wrongs done to oppressed communities, is child-taking. Child-taking occurs when a state or similar... |
2025 |
| Alexandra Fay |
CITIZENSHIP AND EMPIRE IN ELK v. WILKINS |
102 Washington University Law Review 1839 (2025) |
In 1884, the Supreme Court held that the Fourteenth Amendment's guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins, the Court denied John Elk the right to vote on the grounds that he was born a tribal member, not subject to the jurisdiction of the United States, and thus ineligible for citizenship. This Article... |
2025 |
| Daniel B. Rice |
CIVIC DUTIES AND CULTURAL CHANGE |
113 California Law Review 1723 (October, 2025) |
What duties do Americans owe the state? Today, this question seems almost incomprehensible. Compulsions in the common interest are received coolly in our rights-obsessed culture, and the Supreme Court has never announced a framework for identifying the burdens of citizenship. Yet the concept of civic duty has played a central role in America's... |
2025 |
| James G. Dwyer, William & Mary, jgdwye@wm.edu |
CLARIFYING PARENS PATRIAE |
30 Journal of Ethics & Social Philosophy 339 (May, 2025) |
Legal systems treat a third of the human population as nonautonomous, incompetent to govern their own lives. This includes persons of any age with incapacitating mental conditions (intellectual disability, mental illness, dementia, etc.) and minors. Recent decades have seen challenges to the categorization by lawmakers of individuals as such, with... |
2025 |
| |
CONFERENCE SPEAKERS |
49 Canada-United States Law Journal 8 (2025) |
Kristy Balsanek has more than 20 years of legal experience, practicing in both global law firms and in-house roles. She focuses on core environmental, social and governance (ESG) related risk areas including business ethics, corporate governance, director/officer duties, anti-corruption, sanctions, global supply chain transparency, labor and human... |
2025 |
| Evan D. Bernick |
CONSTITUTIONS OF ICE AND FIRE |
173 University of Pennsylvania Law Review 2081 (June, 2025) |
Imagine the present, cooled-down universe, in comparison to the universe in its fiery and formative stage, as a living corpse: with limited kinetic energy, temperature, and degrees of freedom, with an established structure, and with enduring regularities--the laws of nature. Yet there was a time . when the phenomena were excited to much higher... |
2025 |
| M. Alexander Pearl |
CORPOREAL PROPERTY AND THE LIMITS OF NAGPRA |
94 Fordham Law Review 457 (November, 2025) |
Introduction. 457 I. Western Legal Traditions of Property. 458 II. Historical Conduct and the Inertia of Native Mythology. 466 III. Updates to NAGPRA and a New Category of Contemporary Harms to Tribal Communities: Federal Indian Boarding Schools. 472 IV. Guiding Principles for Restoration of Tribal Cultures and Languages. 477 Conclusion. 482 |
2025 |
| Taleed El-Sabawi, Sarah Katz |
DEINSTITUTIONALIZING FAMILY SEPARATION IN CASES OF PARENTAL DRUG USE |
134 Yale Law Journal Forum 1022 (2024-2025) |
March 28, 2025 abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under the guise of child welfare. Family separation remains the family policing system's primary intervention in families, including families... |
2025 |
| Kathryn Abrams |
DEMOCRATIC CHANGE, FAST AND SLOW: NAVIGATING TENSIONS IN PRO-ABORTION ORGANIZING |
102 Washington University Law Review 1927 (2025) |
C1-2Table of Contents Introduction. 1927 I. Two Visions of Reproductive Change. 1929 A. Proponents of the Initiative Strategy: Fast Democratic Change. 1929 B. Critics of the Initiative Strategy: Slow Democratic Change. 1935 C. Is There Common Ground for Reproductive Change?. 1943 1. Highlighting the Larger Context of Abortion Restriction. 1951... |
2025 |
| Zaven (Z) Saroyan, Jennifer Mullenbach, Anna Ulrich |
DISCLOSURE AND DISCOVERY IN DEPENDENCY AND NEGLECT CASES |
54-FEB Colorado Lawyer 44 (January/February, 2025) |
This article discusses a new disclosure and discovery rule for child welfare cases. The rule is intended to better protect the interests of the parties in these cases and standardize disclosure and discovery procedures throughout the state. This year, the Colorado Supreme Court adopted Colorado Rule of Juvenile Procedure (Rule) 4.6, a new rule for... |
2025 |
| John K. Crawford |
DISENROLLMENT AS CITIZENSHIP REVOCATION: PROMOTING TRIBAL SOVEREIGNTY BY EMBRACING INTERNATIONAL NORMS |
134 Yale Law Journal 1359 (February, 2025) |
This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. Tribal officials and members, advocates and journalists, and scholars and practitioners of federal Indian law typically understand disenrollment, which is when a tribe severs its... |
2025 |
| Chan Tov McNamarah |
ELIMINATION THROUGH EDUCATION |
54 Southwestern Law Review 248 (2025) |
Educators deputized as mandatory reporters of suspected changes in students' gender or sexual orientation are the latest salvo in the religious right's quixotic quest to resist queer equality in public schools--not to say, society. The newcomer is in good company. Since Anita Bryant first fomented anxieties with claims of classrooms as... |
2025 |
| Adam Ballout |
ENTERING THE MAZE OF CHILD PROTECTIVE SERVICES INVOLVEMENT AS A FAMILY LAW PRACTITIONER |
47-SPG Family Advocate 6 (Spring, 2025) |
Most of the general public knows that when they see the flashing lights of a police car in their rearview mirror, regardless of how they feel about the situation, they need to pull over and have a civil interaction. Most people also know that if they do not their current situation is about to become a whole lot worse. Unfortunately, for many... |
2025 |
| Yvette Butler |
EPISTEMIC APPROPRIATION, CRITICAL DEFANGING, AND LESSONS FOR A RESPONSIVE NEW RECONSTRUCTION |
105 Boston University Law Review 1239 (May, 2025) |
C1-2Contents Introduction. 1240 A. What Fantasy Action RPGs Can Teach Us About Liberation, Epistemology, and Law. 1241 B. Wisdom, Purpose, and Liberation Guide Justice. 1244 I. The Cycle of Epistemic Oppression Undermines Cocreating Liberatory Futures. 1246 A. Epistemic Appropriation: Hair Braiders and Admissions. 1249 B. Applying the Concept of... |
2025 |
| Neoshia R. Roemer |
EQUITY FOR AMERICAN INDIAN FAMILIES |
109 Minnesota Law Review 1713 (April, 2025) |
For the better part of two centuries, the cornerstone of federal Indian policy was destabilizing and eradicating tribal governments. In the process, federal Indian policy also dismantled American Indian families via child removal. Attempting to equalize American Indians through the practice of assimilation, decades of Indian child removal policies... |
2025 |
| Kristina McLaughlin |
ESTABLISHING A "DUTY TO NOT DESTROY": USING FIDUCIARY DUTY TO HOLD SETTLER-COLONIAL STATES RESPONSIBLE FOR CULTURAL AND LINGUISTIC HARMS COMMITTED AGAINST INDIGENOUS STUDENTS AT GOVERNMENT-RUN BOARDING SCHOOLS |
34 Minnesota Journal of International Law 299 (Spring, 2025) |
The United States is the last of the archetypal settler-colonial nations to address the atrocities committed against indigenous attendants of government-run boarding schools. In the other settler-colonial states (Canada, New Zealand, and Australia), plaintiffs have asserted violation of fiduciary duty claims to hold the government accountable for... |
2025 |
| |
EXCERPTS FROM THE NEW RESTATEMENT OF THE LAW, CHILDREN AND THE LAW |
58 Family Law Quarterly 177 (2024-2025) |
©2025 BY THE AMERICAN LAW INSTITUTE All rights reserved This material was adopted and promulgated by The American Law Institute subject to any general, nonsubstantive edits that may be required before publishing. The following material is included here: Table of Contents § 2.07. Physical Neglect (black letter and Comment) § 2.21. Standard for... |
2025 |
| Pai Liu |
EXPANDING THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT TO THE U.S. TERRITORIES |
27 NYU Journal of Legislation and Public Policy 869 (2024-2025) |
The U.S. Native American Graves Protection and Repatriation Act (NAGPRA) protects cultural objects and human remains of federally recognized Indian tribes, Native Hawaiians, and Native Alaskans. However, NAGPRA does not apply outside the fifty states, meaning indigenous people in the U.S. Territories are not covered by this landmark legislation.... |
2025 |
| Dan Lewerenz |
FEDERAL INDIAN LAW IN A TIME OF JUDICIAL SELF-AGGRANDIZEMENT |
77 Stanford Law Review Online 121 (June, 2025) |
The Supreme Court is accumulating power. Call it concentrating power in the court, a judicial power grab, or (as a growing number of scholars are calling it) judicial aggrandizement or judicial self-aggrandizement. Each of these ideas describes a Supreme Court that is upsetting accepted notions of the separation of powers--accumulating... |
2025 |
| Angela R. Arkin |
FILLING THE JUSTICE GAP |
54-OCT Colorado Lawyer 32 (September/October, 2025) |
This article outlines the qualifications for licensed legal professionals and explains how they can help fill the justice gap. In Colorado, as in many states, the need for legal services for low- to moderate-income residents has outpaced the resources currently available. This challenge has persisted for unrepresented litigants in domestic... |
2025 |
| |
FOURTEENTH AMENDMENT -- DUE PROCESS -- HABEAS CORPUS -- ANDREW v. WHITE |
139 Harvard Law Review 313 (November, 2025) |
Women face distinct challenges throughout the justice system. Among many other inequities, prosecutors frequently employ sexual stereotypes against female defendants, especially in capital cases. Prevailing law sets a high bar for federal courts to grant writs of habeas corpus to defendants convicted in state criminal proceedings. While the Eighth... |
2025 |
| Jennifer Grubman |
FROM ONE STOLEN GENERATION TO ANOTHER: REPLICATING TREVORROW IN AMERICAN COURTS |
8 Cardozo International & Comparative Law Review 805 (Summer, 2025) |
I. Introduction. 806 II. Background. 810 A. The United States. 810 i. General Trust Responsibility. 810 ii. Specific Trust Responsibility. 813 B. Australia. 816 i. The High Court's Exploration of a Fiduciary Relationship between the Crown and Indigenous Nations. 816 ii. The Stolen Generations Litigation and the Success of Trevorrow. 817 III.... |
2025 |
| Kathleen A. Hogan |
FROM THE EDITOR IN CHIEF |
47-SPG Family Advocate 4 (Spring, 2025) |
The field of family law is much broader than just divorces, child custody proceedings and the desires and claims of the adult participants. In a very significant number of situations, the rights and the needs of children also come into play. The Board of Editors has turned the focus for this issue on the proceedings and principles that arise in... |
2025 |
| M. Alexander Pearl |
HOMELANDS NOT GRAVEYARDS |
71 UCLA Law Review 1706 (July, 2025) |
Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court's decision in Arizona v. Navajo Nation is no different. This Article examines that decision and situates it within that legal history as well as the realities of present-day... |
2025 |
| Ernestine Gray |
HOW CHILD WELFARE ATTORNEYS CAN HELP REFORM THE SYSTEM |
47-SPG Family Advocate 22 (Spring, 2025) |
The more things change, the more they remain the same. --French Novelist Jean-Baptiste Alphonse Karr This sentiment rings true in the realm of child welfare. Despite ongoing efforts and reforms, systemic challenges persist. During his presidency, Herbert Hoover emphasized the importance of investing in children, famously declaring that children... |
2025 |
| Katrina Zhu |
HOW DOES AN IMMIGRANT BECOME AN "AMERICAN"? EXCLUSION AND ASSIMILATION IN U.S. NATURALIZATION LAW |
72 UCLA Law Review 298 (May, 2025) |
Ugly fears of unassimilated immigrants have persisted throughout American history, influencing immigration law for centuries. From Chinese exclusion in the late 1800s, to President Trump's Muslim ban in 2017, to his continued emphasis on securing our borders today, American history is rich with examples of exclusionary immigration policies. Though... |
2025 |
| April Shaw |
HOW STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE FUELS STRUCTURAL RACISM AND UNDERCUTS EFFORTS TO ACHIEVE RACIAL HEALTH EQUITY |
17 Northeastern University Law Review 75 (May, 2025) |
C1-2Table of Contents Abstract 79 Introduction 81 I. A Brief Overview of the Supreme Court's Affirmative Action Jurisprudence Prior to SFFA 88 II. SSFA: A Radical Departure from Precedent 94 A. Compelling Interest 94 B. The Zero-Sum Model 97 C. Denial of Structural Racism and its Impacts 100 III. SSFA's Health Impacts on Communities of Color 106 A.... |
2025 |
| Kimberly Mutcherson |
HOW TO GET FREE IN A TIME OF RETRENCHMENT: QUEERING REPRODUCTIVE JUSTICE: AN INVITATION. BY CANDACE BOND-THERIAULT. STANFORD, C.A.: STANFORD UNIVERSITY PRESS. 2024. PP. XIV, 260. $110.00. LIBERATING ABORTION: CLAIMING OUR HISTORY, SHARING OUR STORIES, AND |
138 Harvard Law Review 1769 (May, 2025) |
Queering Reproductive Justice and Liberating Abortion are not books of theory. I want to make this clear from the start because the work of queering a topic can sometimes be followed by paragraphs filled with words like deontological, epistemic, and discursive (not that there's anything wrong with those words). The work that the author of... |
2025 |