| Author | Title | Citation | Summary | Year | Key Terms |
| Azadeh Shahshahani, Chiraayu Gosrani |
"KNOWN ADVERSARY": THE TARGETING OF THE IMMIGRANTS' RIGHTS MOVEMENT IN THE POST-TRUMP ERA |
72 Emory Law Journal 1245 (2023) |
C1-2Table of Contents Introduction. 1246 I. The First Amendment's Hollowed Out Protections. 1249 A. Constitutional Exceptionalism. 1251 B. Exceptionalism for Immigrants and the Plenary Power Doctrine. 1253 II. The Chilling of the Immigrants' Rights Movement. 1256 A. Indigenous Organizers, Faith Leaders, and Humanitarian Aid Workers at the Southern... |
2023 |
|
| Elizabeth Butterworth |
"WHAT IF YOU'RE DISABLED AND UNDOCUMENTED?": REFLECTIONS ON INTERSECTIONALITY, DISABILITY JUSTICE, AND REPRESENTING UNDOCUMENTED AND DISABLED LATINX CLIENTS |
26 CUNY Law Review 139 (Summer, 2023) |
I. Introduction. 140 II. From Disability Rights to Disability Justice. 145 III. An Ableist and Disabling Immigration System. 149 A. Exclusionary Immigration Laws and the Public Charge Rule. 150 B. The Disabling Impact of Migrating to and Living Undocumented in the United States. 155 IV. The Need for Services and Barriers to Access. 157 V. From... |
2023 |
Yes |
| Mitchell F. Crusto |
A PLEA FOR AFFIRMATIVE ACTION |
136 Harvard Law Review Forum 205 (January, 2023) |
Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization. During the Supreme Court's 2022 October Term, the Court heard constitutional arguments against the use of race in admissions programs at two prestigious universities: one private, Harvard University, and one public, the... |
2023 |
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| Henry Goldberg |
A PROMISE DEFERRED: AN EXAMINATION OF ACCESSIBILITY'S INTERSECTION WITH RACE/ETHNICITY IN THE PHILADELPHIA TRANSIT SYSTEM AND THE NEW YORK CITY SUBWAY |
54 Columbia Human Rights Law Review 780 (Spring, 2023) |
Over thirty years after the passage of the Americans with Disabilities Act, Philadelphia's rail and trolley networks and New York City's subway system are still terrible for accessibility. In New York, a mere 24-28% of stations are accessible. For people with disabilities--particularly mobility disabilities-- this makes the accessible parts of the... |
2023 |
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| Livia Stahle |
A PUBLIC BANKING OPTION AS A VIABLE SOLUTION TO COUNTER THE RACIAL ECONOMIC INEQUALITY PERPETUATED BY PREDATORY OVERDRAFT FEE SCHEMES |
27 U.C. Davis Social Justice Law Review 163 (Summer, 2023) |
C1-2Table of Contents Introduction. 165 I. Corporate Reliance on Exploitative Overdraft Practices and the Harm to Low-Income Individuals and People of Color. 169 A. The Emergence of Megabanks and Overdraft Fees as a Profit Machine. 170 B. Deceptive Practices. 173 1. Unreasonable Fees. 174 2. Multiple Fees Per Day and Sustained Overdraft Fees. 175... |
2023 |
|
| Leticia M. Diaz |
A SEAT AT THE TABLE: ADVANCING, LEADING, AND DEANING WHILE BATTLING PRESUMED INCOMPETENCE |
26 Harvard Latin American Law Review 169 (YesSpring, 2023) |
As the longest-serving Latina law school dean in the country, I was overjoyed to participate in the Inaugural Graciela Olivárez Latinas in the Legal Academy (GO LILA) Workshop in the summer of 2022. This article is about my career path, some of the challenges I faced that women of color in the legal academy still face, and my experience working on... |
2023 |
Yes |
| Bernadette Atuahene |
A THEORY OF STATEGRAFT |
98 New York University Law Review 1 (April, 2023) |
Neoliberalism and its accompanying austerity measures are shrinking local and national government budgets, even though constituent needs remain pressing. In desperation, public officials sometimes replenish public coffers through illicit extraction from segments of the population poorly positioned to fight back. In Detroit, for example, city... |
2023 |
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| Fareed Nassor Hayat |
ABOLISH GANG STATUTES WITH THE POWER OF THE THIRTEENTH AMENDMENT: REPARATIONS FOR THE PEOPLE |
70 UCLA Law Review 1120 (November, 2023) |
The abolitionist movement seeks to fundamentally dismantle the prison industrial complex. Modern abolitionists recognize that mass incarceration of Black and Brown people is twenty-first century slavery. True abolition, they note, cannot be realized by merely tinkering with the carceral state. Instead, the complete elimination of modern-day badges... |
2023 |
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| Samantha Buckingham |
ABOLISHING JUVENILE INTERROGATION |
101 North Carolina Law Review 1015 (May, 2023) |
Rehabilitation is a paramount consideration in abolishing police interrogation of youth. Interrogation is one of the first interactions young people have with the criminal legal system. Unfortunately, the most common methods of interrogation are coercive rather than consensual. Youth are uniquely vulnerable to coercive methods, especially in... |
2023 |
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| Rana L. Freeman |
ADMISSIONS DENIED: THE EFFECTS ON CORPORATE AMERICA JOBS IF RACE IS EXCLUDED AS A FACTOR IN UNIVERSITY ADMISSIONS |
50 Southern University Law Review 111 (Spring, 2023) |
The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth out of a multitude of tongues, [rather] than through any kind of authoritative selection. It is the year 2030, and race is no longer considered a factor in a university's admissions process. She braced herself. She has... |
2023 |
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| Diane E. Hoffmann , Katherine E. Goodman |
ALLOCATING SCARCE MEDICAL RESOURCES DURING A PUBLIC HEALTH EMERGENCY: CAN WE CONSIDER SEX? |
22 Houston Journal of Health Law & Policy 175 (2023) |
Introduction. 179 I. Justifications for Considering Sex When Allocating Early Treatments for COVID-19. 182 A. Sex Disparities in Severe Outcomes, Including Hospitalization and Death, from COVID-19. 182 B. Suspected Reasons for Sex-Based Disparities in Severe COVID-19 Outcomes. 186 II. Allocating Early, Outpatient Treatments for COVID-19. 190 A.... |
2023 |
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| Jonathan P. Feingold |
AMBIVALENT ADVOCATES: WHY ELITE UNIVERSITIES COMPROMISED THE CASE FOR AFFIRMATIVE ACTION |
58 Harvard Civil Rights-Civil Liberties Law Review 143 (Winter, 2023) |
The end of affirmative action. The headline is coming. When it arrives, scholars will explain that a controversial set of policies could not withstand unfriendly doctrine and less friendly Justices. This story is not wrong. But it is incomplete. This account masks an underappreciated source of affirmative action's enduring instability: elite... |
2023 |
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| Kathryne M. Young , Katie R. Billings |
AN INTERSECTIONAL EXAMINATION OF U.S. CIVIL JUSTICE PROBLEMS |
2023 Utah Law Review 487 (2023) |
Millions of Americans face civil justice problems each year, and most of these problems never make it to court, let alone to a legal expert. Although research has established that race and class are associated with a person's chance of experiencing a civil justice problem, detailed intersectional examinations of everyday people's justice... |
2023 |
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| Melanie B. Fessinger, Margaret Bull Kovera , Department of Psychology, Graduate Center, City University of New York, Department of Psychology, John Jay College of Criminal Justice, City University of New York |
AN OFFER YOU CANNOT REFUSE: PLEA OFFER SIZE AFFECTS INNOCENT BUT NOT GUILTY DEFENDANTS' PERCEPTIONS OF VOLUNTARINESS |
47 Law and Human Behavior 619 (December, 2023) |
Objective: We examined whether various plea outcomes--including sentence reduction size (smaller, larger), type (traditional guilty plea, Alford plea), and frame (plea discount, trial penalty)--differentially affected innocent and guilty defendants' perceptions of the voluntariness of their guilty pleas. Hypotheses: We hypothesized (1) guilty... |
2023 |
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| Neena Albarus |
AN OVERVIEW OF THE ONGOING LEGACIES OF COLONIALISM IN CONTEMPORARY LEGAL SYSTEMS IN THE BLACK DIASPORA |
23 Berkeley Journal of African-American Law & Policy 15 (2023) |
This perspective paper explores the ongoing legacies of colonialism in contemporary legal systems and policies in the Black Diaspora. Drawing on examples from Africa, the Caribbean, Latin America and the United States, this paper argues that colonial legal systems and policies continue to shape the legal and political landscape of these regions,... |
2023 |
Yes |
| Anthony J. DeMattee , Matthew J. Lindsay , Hallie Ludsin |
AN UNREASONABLE PRESUMPTION: THE NATIONAL SECURITY/FOREIGN AFFAIRS NEXUS IN IMMIGRATION LAW |
88 Brooklyn Law Review 747 (Spring, 2023) |
For well over a century, immigration governance has occupied a constitutionally unique niche within American public law, where it is subject to substantially weaker constitutional constraints than apply in virtually every other context. When the federal government banishes a noncitizen from the country or detains her for months or years at a time,... |
2023 |
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| Larry J. Pittman |
ARBITRATION AND FEDERAL REFORM: RECALIBRATING THE SEPARATION OF POWERS BETWEEN CONGRESS AND THE COURT |
80 Washington and Lee Law Review 893 (Spring, 2023) |
In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act (FAA) as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads, co-opted the FAA by disregarding Congress's intent... |
2023 |
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| Jens Frankenreiter, Michael A. Livermore |
ARE LAWYERS' CASE SELECTION DECISIONS BIASED? A FIELD EXPERIMENT ON ACCESS TO JUSTICE |
52 Journal of Legal Studies 273 (June, 2023) |
The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients' names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race... |
2023 |
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| Jeffrey Fagan , Lila J.E. Nojima |
ARE POLICE OFFICERS BAYESIANS? POLICE UPDATING IN INVESTIGATIVE STOPS |
113 Journal of Criminal Law and Criminology 593 (Summer, 2023) |
Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, the behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that... |
2023 |
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| Allison M. Freedman |
ARRESTING ASSEMBLY: AN ARGUMENT AGAINST EXPANDING CRIMINALLY PUNISHABLE PROTEST |
68 Villanova Law Review 171 (2023) |
In recent years, public protests have shed light on societal inequities that had previously gone unheard. Yet instead of responding to protesters' concerns, many state legislators are attempting to silence disenfranchised groups by introducing hundreds of anti-protest bills. This is a recent phenomenon and one that is accelerating--the largest... |
2023 |
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| Berta Esperanza Hernández-Truyol |
AWAKENING THE LAW: KATE STONEMAN--AN AWAKENED WOMAN: BASED UPON ALBANY LAW SCHOOL'S KATE STONEMAN CELEBRATION SPEECH |
86 Albany Law Review 231 (2022-2023) |
Like all Stoneman award recipients, I am grateful to Kate Stoneman for paving the way to an awakened life in which seeking justice is a non-negotiable aspiration. I will explain the title of this Essay--Kate Stoneman, an Awakened Woman--in the next section. But before engaging Stoneman's exceptional life and contributions, I take the liberty to... |
2023 |
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| Berta Esperanza Hernández-Truyol |
AWAKENING THE LAW: UNMASKING FREE EXERCISE EXCEPTIONALISM |
72 Emory Law Journal 1061 (2023) |
The U.S. Constitution protects myriad, often intertwined, individual rights. Sometimes, protected fundamental rights collide, yet the Constitution lacks a methodology to resolve such clashes. Indeed, an internal tension exists even within the rights included in the First Amendment, as whenever the government acts to protect Free Exercise it... |
2023 |
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| Alexi Freeman , Caley Carlson |
BELONGING MATTERS: ONE SCHOOL'S STRATEGY FOR FOSTERING COMMUNITY AND CONFIDENCE AMONG STUDENTS FROM HISTORICALLY EXCLUDED GROUPS |
19 Northwestern Journal of Law & Social Policy 76 (Fall, 2023) |
For generations, law students from historically excluded and underrepresented groups--including but not limited to students of color, students with disabilities, gender diverse and gender non-conforming students, and students who identify as LGBTQIA+--have been expected to navigate their legal educations successfully despite the many challenges... |
2023 |
|
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
|
| Maytal Gilboa |
BIASED BUT REASONABLE: BIAS UNDER THE COVER OF STANDARD OF CARE |
57 Georgia Law Review 489 (Winter, 2023) |
Inequities in the healthcare distribution are widely acknowledged to plague the United States healthcare system. Controversies as to whether antidiscrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in... |
2023 |
|
| Abbye Atkinson |
BORROWING AND BELONGING |
111 California Law Review 1369 (October, 2023) |
Both formal policies and informal norms encourage a consumerist vision of American belonging, with credit/debt as a primary means of consumption. Consequently, debt-based consumption implicates dignity in the American market society. In contrast, current national credit/debt policies and norms, as best exemplified in the Bankruptcy Code's... |
2023 |
|
| Jenna Prochaska |
BREAKING FREE FROM "CRIME-FREE": STATE-LEVEL RESPONSES TO HARMFUL HOUSING ORDINANCES |
27 Lewis & Clark Law Review 259 (2023) |
Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)--local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at... |
2023 |
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| David Hinojosa, Damon Hewitt, Genevieve Bonadies Torres, Jon Greenbaum, Taylor Dumpson, Reed N. Colfax, Gemma Donofrio, Soohyun Choi, Carlene McNulty, Sarah Laws |
BRIEF FOR RESPONDENT-STUDENTS |
4 North Carolina Civil Rights Law Review 3 (Fall, 2023) |
QUESTIONS PRESENTED. 4 PARTIES TO THE PROCEEDING. 4 INTRODUCTION. 5 STATEMENT OF THE CASE. 7 I. UNC's Ongoing Diversity Goals. 7 II. UNC Continues Working Toward Its Diversity Goals. 8 III. Despite Progress, the Need for Ongoing Work Remains. 9 IV. UNC's Good-Faith Evaluation and Implementation of Race-Neutral Alternatives. 11 V. UNC's Holistic... |
2023 |
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| Uma Mazyck Jayakumar , William C. Kidder , Caroline E. Reynolds |
BRIEF OF 1,246 AMERICAN SOCIAL SCIENCE RESEARCHERS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS |
4 North Carolina Civil Rights Law Review 64 (Fall, 2023) |
INTEREST OF AMICI CURIAE. 65 SUMMARY OF THE ARGUMENT. 66 ARGUMENT. 67 I. UNC's Race-Conscious Admissions Process Has Better Served the Compelling Interests Identified in Grutter Than the Policies of Flagship Universities That Are Forbidden to Consider Race. 68 A. College Student-Body Diversity Promotes Citizenship, Leadership, and Productivity in... |
2023 |
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| Deborah N. Archer, Vincent M. Southerland, Jason D. Williamson |
BRIEF OF AMICUS CURIAE NATIONAL BLACK LAW STUDENTS ASSOCIATION IN SUPPORT OF RESPONDENTS |
4 North Carolina Civil Rights Law Review 87 (Fall, 2023) |
INTEREST OF AMICI CURIAE. 88 SUMMARY OF ARGUMENT. 88 ARGUMENT. 91 I. Race-Conscious Admissions Programs Benefit the Larger Educational Community and Society as a Whole. 91 II. Race-Conscious Admissions Programs Are Not Harmful to the Professional Aspirations or the Personal Well-Being of Black Law Students. 92 III. Race-Conscious Admissions In... |
2023 |
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| Lauren Bashir |
BROADCAST IN THE PAST?: THE DANGERS OF DEREGULATING CHILDREN'S BROADCAST TELEVISION |
44 Journal of the National Association of Administrative Law Judiciary 1 (Fall, 2023) |
In January 2019, economists Phillip B. Devine and Melissa S. Kearney found that, in its fifty-year tenure, PBS's Sesame Street markedly improved children's school performance. Remarkably, those with access to the children's television show experienced improved educational and employment outcomes over those without access. Sesame Street's creation... |
2023 |
Yes |
| Mackenzie Philbrick |
BUDGETING FOR EXONEREE COMPENSATION: INDEMNIFYING EXONEREES NOT OFFICIALS TO DETER FUTURE WRONGFUL CONVICTIONS |
50 Fordham Urban Law Journal 797 (April, 2023) |
As survivors of state harm, exonerees are often woefully undercompensated compared to present jury awards for wrongful incarceration. Furthermore, by precluding exonerees who have falsely confessed or pled guilty from receiving state compensation, lawmakers squander an opportunity to increase police accountability going forward, further stacking... |
2023 |
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| Katie O'Brien |
CAMERA-ENFORCED STREETS: CREATING AN ANTI-RACIST SYSTEM OF TRAFFIC ENFORCEMENT |
36 Journal of Civil Rights & Economic Development 515 (Winter, 2023) |
On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper's vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to yank [Bland] out of her car and light [her] up... |
2023 |
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| Alicia Torres , Gabriel Piña , Brian Southwell , Isai Garcia-Baza |
CAN LOCAL TV NEWS AFFECT PARENTS' PERCEPTIONS OF PARENTING AND CHILD DEVELOPMENT RESEARCH? EVIDENCE FROM THE POSITIVE PARENTING NEWSFEED PROJECT |
29 Psychology, Public Policy, and Law 106 (February, 2023) |
As the primary and most trusted source of news for most adults in the United States, local TV plays an important role in providing information to the public, offering an avenue to reach scientifically underserved communities and ultimately building value for evidence-based policies and community health and wellbeing. This study tests whether... |
2023 |
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| Morgan Zamora |
CAPITAL PUNISHMENT FOR LATINE POPULATIONS |
20 Hastings Race and Poverty Law Journal 19 (Winter, 2023) |
Morgan holds a J.D. from UC Hastings Law, where she was a member of the Latinx Law Students Association and Hastings Public Interest Law Foundation. She earned her undergraduate degree in Social Work and minor in Ethnic Studies from the University of Nevada, Reno. C1-2Table of Contents Introduction. 20 Function of the Future Dangerousness Question.... |
2023 |
Yes |
| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
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| André Douglas Pond Cummings , Kalvin Graham |
CLAIM DENIED - ACCESS DENIED: THE BLACK WALL STREET INSURANCE GRIFT |
35 Saint Thomas Law Review 101 (Spring, 2023) |
The subject of Corporate Reparations has gained noteworthy momentum in recent years. The murder of George Floyd at the hands of former police officer Derek Chauvin in 2020 galvanized major United States corporate leadership into thinking about and committing to playing a sizeable role in ending systemic racism and bringing economic equality and... |
2023 |
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| Duane Rudolph |
CLIMATE DISCRIMINATION |
72 Catholic University Law Review 1 (Winter, 2023) |
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... |
2023 |
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| Ming Hsu Chen |
COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP |
44 Cardozo Law Review 945 (February, 2023) |
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... |
2023 |
Yes |
| Barbara Fedders |
CONCEPTUALIZING AN ANTI-MOTHER JUVENILE DELINQUENCY COURT |
101 North Carolina Law Review 1351 (June, 2023) |
This Article makes three contributions to the literature on the harms to children and their families that flow from involvement in the juvenile delinquency court. It argues, first, that poor mothers of color--especially those raising children without cohabitating partners--are uniquely vulnerable among parents to both seeing their children... |
2023 |
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| Makiya Turntine |
CONSTITUTIONAL LAW--DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION WILL LIKELY HAVE A NEGATIVE, DISPROPORTIONATE IMPACT ON WOMEN OF COLOR AND REASSERT INFERIORITY |
46 University of Arkansas at Little Rock Law Review 237 (Winter, 2023) |
I have borne thirteen children, and seen most all sold off to slavery, and when I cried out with my mother's grief, none but Jesus heard me! And ain't I a woman? Before Dobbs v. Jackson Women's Health Organization, when abortion was a fundamental right, women of lower socioeconomic status, including women of color, experienced higher abortion rates... |
2023 |
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| Thomas Halper |
Constructing Race |
12 British Journal of American Legal Studies 117 (Spring, 2023) |
The legal construction of race has assumed considerable importance for affirmative action and other purposes. But buffeted by racist tropes from an earlier day and simple self interest, the construct has become a nest of irrationalities and inconsistencies. race, white supremacy, affirmative action C1-3CONTENTS I. Race as Social Construct. 118 II.... |
2023 |
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| Sarah Holden |
CONSUMER PROTECTION & BANKRUPTCY LAW--REWARDING REPAYMENT: REMOVING THE FEAR FROM CRUSHING STUDENT LOAN DEBT THROUGH ALTERNATIVES TO DISCHARGE |
46 University of Arkansas at Little Rock Law Review 83 (Fall, 2023) |
The narrative surrounding student loan debt is long overdue for a change. Since 1978, changes to the Bankruptcy Code have made it increasingly difficult for student loan borrowers to achieve bankruptcy's often-promised fresh start. However, the conventional wisdom that student loan debt is nondischargeable in bankruptcy, absent a showing of undue... |
2023 |
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| Juliet P. Stumpf |
CRIMMIGRATION AND THE LEGITIMACY OF IMMIGRATION LAW |
65 Arizona Law Review 113 (Spring, 2023) |
Crimmigration law--the intersection of immigration and criminal law--with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law's singular approach to interior immigration and criminal law enforcement threatens to undermine public faith in the legitimacy of... |
2023 |
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| Angelica Knight |
CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY |
17 Florida A & M University Law Review 141 (Spring, 2023) |
C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... |
2023 |
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| Kevin Brown |
CRITICAL RACE THEORY EXPLAINED BY ONE OF THE ORIGINAL PARTICIPANTS |
98 New York University Law Review Online 91 (April, 2023) |
President Donald Trump issued an executive order in September of 2020 seeking to exclude diversity and inclusion training from federal contracts if those trainings contained so-called divisive concepts like stereotyping and scapegoating based on race and sex. In the wake of the executive order, attacks on Critical Race Theory (CRT) skyrocketed.... |
2023 |
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| René Reyes |
CRITICAL REMEMBERING: AMPLIFYING, ANALYZING, AND UNDERSTANDING THE LEGACY OF ANTI-MEXICAN VIOLENCE IN THE UNITED STATES |
26 Harvard Latin American Law Review 15 (Spring, 2023) |
Violence against BIPOC individuals and communities has been part of American life since the arrival of the first European colonizers over four hundred years ago. Yet as longstanding and pervasive as anti-BIPOC violence has been throughout American history, many instances of such violence remain strikingly underexamined--largely because their... |
2023 |
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| Kevin R. Johnson , Amagda Pérez |
CRUZ REYNOSO'S FIGHT FOR JUSTICE |
39 Chicana/o-Latina/o Law Review 39 (2023) |
This Article considers Cruz Reynoso's pioneering legal career marked by an unswerving devotion to the struggle for justice for all. Part I highlights his foundational work as executive director of California Rural Legal Assistance, a revolutionary legal services organization that continues to thrive in its mission of ensuring justice for the poor... |
2023 |
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| Neil L. Sobol |
DEFEATING DE FACTO DISENFRANCHISEMENT OF CRIMINAL DEFENDANTS |
75 Florida Law Review 287 (March, 2023) |
In a democracy, voting is not only an important civic duty but also a right that governments owe to their citizens. However, by operation of law, forty-eight states deny voting rights to individuals based on criminal convictions. Activists and scholars attack de jure disenfranchisement as an improper collateral consequence that disproportionately... |
2023 |
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| Scott Koven |
DESERVING LIFE: HOW JUDICIAL APPLICATION OF MEDICAL AMNESTY LAWS PERPETUATES SUBSTANCE USE STIGMA |
80 Washington and Lee Law Review 1745 (Fall, 2023) |
To combat the continued devastation wrought by the opioid crisis in the United States, forty-eight states have passed medical amnesty (or Good Samaritan) laws. These laws provide varying forms of protection from criminal punishment for certain individuals if medical assistance is sought at the scene of an overdose. Thus far, the nascent scholarly... |
2023 |
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