| Author | Title | Citation | Summary | Year | Key Terms |
| Ingrid Eagly , Steven Shafer |
DETAINED IMMIGRATION COURTS |
110 Virginia Law Review 691 (May, 2024) |
This Article traces the modern development and institutional design of detained immigration courts--that is, the courts that tie detention to deportation. Since the early 1980s, judges in detained immigration courts have presided over more than 3.6 million court cases of persons held in immigration custody, almost all men from Latin America, most... |
2024 |
Yes |
| Angelica Félix-D'Egidio |
EDUCATION INEQUITY FOR MIXTEC STUDENTS IN CALIFORNIA PUBLIC SCHOOLS: A HUMAN RIGHTS APPROACH TO EDUCATING INDIGENOUS STUDENTS NOT RECOGNIZED BY THE U.S. GOVERNMENT |
40 Chicana/o-Latina/o Law Review 125 (2024) |
This Comment examines the educational experiences of Indigenous Latine communities within the California public education system, utilizing existing state and federal law in conjunction with human rights framework outlined in the United Nations Declaration of the Rights of Indigenous Peoples (U.N. Declaration). While the Every Student Succeeds Act... |
2024 |
Yes |
| Ilya Somin |
EMPOWERING HISPANICS TO VOTE WITH THEIR FEET |
61 Houston Law Review 777 (Symposium 2024) |
This Commentary outlines the significance of foot voting for America's Hispanic population and highlights ways in which we can better empower them to vote with their feet. People vote with their feet when they make individual choices about the government policies they wish to live under, as opposed to ballot-box voting, in which each voter... |
2024 |
Yes |
| |
FOURTEENTH AMENDMENT -- ELECTION LAW -- ALEXANDER v. SOUTH CAROLINA STATE CONFERENCE OF THE NAACP |
138 Harvard Law Review 385 (November, 2024) |
With the rise of right-wing populism in recent years, there has been a trend of voters of color shifting to the right. But the trend has yet to become consequential enough to uproot longstanding racial polarization in American politics. As of 2023, 83% of Black voters, 63% of Asian voters, and 61% of Hispanic voters are affiliated with or lean to... |
2024 |
Yes |
| Evelyn Sanchez Gonzalez, Editor-in-Chief |
LATINA FUTURES FOREWORD |
40 Chicana/o-Latina/o Law Review iv (2024) |
UCLA School of Law's Chicanx-Latinx Law Review (CLLR) proudly presents the post-symposium issue: Volume 40: Latina Futures. To tackle the underrepresentation of Latina legal scholars at UCLA Law and elsewhere in the U.S., and to center the Latina experience in law and policy, CLLR, partnering with UCLA Latino Policy & Politics Institute (LPPI), the... |
2024 |
Yes |
| Dori Contreras |
LEADERS OF THE PACK |
87 Texas Bar Journal 596 (September, 2024) |
Service as a chief justice on an appellate court comes with special responsibilities and challenges. In addition to handling a share of the court's docket, chief justices manage the court's financial matters and day-to-day administration, including management of staff. It was my honor to be elected as the first Latina chief justice for the 13th... |
2024 |
Yes |
| Sonja Diaz |
PERSISTENT INEQUITIES AND UNDERREPRESENTATION AS THE GENESIS OF THE 2024 LATINA FUTURES SYMPOSIUM |
40 Chicana/o-Latina/o Law Review 1 (2024) |
The persistent economic, political, and social inequality that hinders meaningful opportunity for minoritized communities combined with the gross underrepresentation of Latinas in positions of power and influence across decision-making tables in the U.S. characterize law and policy in the twenty-first century. The macro and micro implications of... |
2024 |
Yes |
| Caitlin Glass, Kat M. Albrecht, Perry Moriearty |
PROSECUTORIAL DATA TRANSPARENCY AND DATA JUSTICE |
119 Northwestern University Law Review 193 (2024) |
Abstract--The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these... |
2024 |
Yes |
| Sabrina A. Ochoa |
RACE, RELIGION, AND RECONCILIATION: BUILDING A MOSAIC OF LATINE FAITH FROM THE MARGINS |
14 University of Miami Race & Social Justice Law Review 123 (Spring, 2024) |
Cristo anduvo por ti, mas también lo hizo Pan. Expressed cogently by Anzaldúa in Borderlands/La Frontera, the spaces in-between cultures are often filled with ambiguity, contradiction, and negotiation. These processes are continuously replicated in the history and construction of Latinidad across the United States and Latin America. Religion - as... |
2024 |
Yes |
| Roberto L. Corrada |
RPL, CRT, & LATCRIT: "FINDING THE 'ME' IN THE LEGAL ACADEMY" |
101 Denver Law Review 483 (Spring, 2024) |
In 1990, I was the first Latino professor hired to a tenure-track faculty position by the University of Denver Sturm College of Law (Sturm). As a Puerto Rican--who spent part of my childhood in Puerto Rico--I often reflect on race relations in the United States and the different experiences I have had living in each country. When I became a law... |
2024 |
Yes |
| Steven W. Bender, Ediberto Román |
SIN VERGÜENZA: MICHAEL OLIVAS AND CROP CULTIVATION |
61 Houston Law Review 889 (Spring, 2024) |
Our focus is on Michael Olivas's tireless efforts of mentorship toward diversifying the legal academy, and both of us are proud Olivas mentees. We build on his article, The Education of Latino Lawyers: An Essay on Crop Cultivation (1994), and detail Michael's efforts, such as the attention-getting strategy of naming and shaming through the Dirty... |
2024 |
Yes |
| Jill Lynch Cruz , Jill Lynch Cruz Ph.D., PCC, GCDF, SPHR, Executive Coach & Career Development Consultant |
STILL TOO FEW AND FAR BETWEEN: THE STATUS OF LATINA LAWYERS IN THE U.S. |
40 Chicana/o-Latina/o Law Review 7 (2024) |
This Report addresses a significant paradox within the U.S. legal profession: While Latinas represent 9.4 percent of the nation's population, they only account for approximately 3 percent of attorneys, with even fewer in leadership roles across the legal profession. Following the 2009 research findings of the Hispanic National Bar Association's... |
2024 |
Yes |
| Enrique Alvear Moreno |
THE PARADOX OF SANCTUARY: HOW PUNITIVE EXCEPTIONS CONVERGE TO CRIMINALIZE AND PUNISH LATINOS/AS |
49 Law and Social Inquiry 2466 (November, 2024) |
(Received 09 August 2022; revised 18 May 2023; accepted 23 October 2023; first published online 18 September 2024) Sanctuary cities define themselves as metropoles that refuse to share information, personnel, and facilitieswith federal immigration authorities to police immigrants. While research suggests that sanctuary cities contest the... |
2024 |
Yes |
| Rachel F. Moran |
THE PERENNIAL ECLIPSE: RACE, IMMIGRATION, AND HOW LATINX COUNT IN AMERICAN POLITICS |
61 Houston Law Review 719 (Symposium 2024) |
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age... |
2024 |
Yes |
| Terry Allen |
USING SPATIAL AND QUALITATIVE ANALYSIS TO RETHINK SCHOOL POLICING |
112 Georgetown Law Journal 987 (May, 2024) |
When researchers typically think about the problem of policing in schools, we tend to focus on the experiences of Black children in majority-Black and Latino schools. This body of scholarship has shown that Black students disproportionately experience negative police encounters in majority-Black and Latino schools compared to other racial and... |
2024 |
Yes |
| Willie Santana |
WHAT'S IN A NAME? |
60-OCT Tennessee Bar Journal 20 (September/October, 20) |
Cultural competence, naming conventions, client representation and the ethics of what lawyers (and courts) call our clients Americans of Hispanic or Latino descent make up to close to 20% of the American population. We are the nation's largest minority group and one of the fastest growing. In fact, the nation's Latino population grew 23% from 2010... |
2024 |
Yes |
| Richard Delgado , Jean Stefancic |
WHAT'S YOUR NAME? |
15 Alabama Civil Rights & Civil Liberties Law Review 131 (2023-2024) |
I. INTRODUCTION: IN WHICH RODRIGO ASKS AN INNOCENT QUESTION. 132 A. The Mandatory Map. 140 II. THE MATERIAL/ECONOMIC CASE FOR LATINX. 141 A. Costs to Users of Switching a Name in Wide Use. 141 B. Classification Costs. 142 C. Name Changes, Quixotic and Otherwise. 143 III. GROUP NAMES AND IDENTITY. 145 A. Worth Fighting Over?. 145 B. Names in Myth... |
2024 |
Yes |
| Vinay Harpalani |
"BAIT-AND-SWITCH": HOW ASIAN AMERICANS WERE WEAPONIZED TO DISMANTLE AFFIRMATIVE ACTION |
71 Drake Law Review 323 (2024) |
In this Article, I discuss how Students for Fair Admissions (SFFA) employed a bait-and-switch strategy which used Asian American plaintiffs to attack and dismantle race-conscious university admissions. I focus on Students for Fair Admissions v. Harvard (2023), one of the recent cases where the U.S. Supreme Court struck down the use of race as an... |
2024 |
|
| K. Ashley Eshleman |
A COMPARATIVE LOOK: APPLYING VERMONT'S ENVIRONMENTAL JUSTICE ACT IN TENNESSEE |
25 Vermont Journal of Environmental Law 155 (Winter, 2024) |
EXECUTIVE SUMMARY. 155 INTRODUCTION. 156 I. FEDERAL ACTIONS TOWARDS ENVIRONMENTAL JUSTICE. 158 II. BACKGROUND ON VERMONT'S ENVIRONMENTAL JUSTICE ACT. 160 III. BACKGROUND ON TENNESSEE. 163 IV. HOW THE BILL WOULD WORK IN TENNESSEE. 167 CONCLUSION. 172 |
2024 |
|
| Nicole Sequeira Tashovski |
A CRITICAL RACE THEORY ANALYSIS: THE ROLE OF RACIALIZATION, THE WHITE RACIAL FRAME, AND INSTITUTIONAL POWER IN CALIFORNIA EUGENICS STERILIZATIONS |
21 UC Law Journal of Race and Economic Justice 157 (February, 2024) |
C1-2Table of Contents Introduction. 158 Part I: Background. 161 Skinner v. Oklahoma. 161 The Eugenics Movement. 162 Part II: Dominant Critical Race Theory Themes in the Eugenics Movement. 164 White Supremacy and Systemic Racism. 165 The Construction of Race and Racialization. 166 The White Racial Frame. 168 Institutional Control. 169 Control of the... |
2024 |
|
| Simone Stover |
A FEEDBACK LOOP OF EXCLUSION: THE TREATMENT OF BILINGUALISM IN THE COURTROOM |
119 Northwestern University Law Review 489 (2024) |
Abstract--In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing... |
2024 |
|
| Jessica Levin |
A PATH TOWARD RACE-CONSCIOUS STANDARDS FOR YOUTH: TRANSLATING ADULTIFICATION BIAS THEORY INTO DOCTRINAL INTERVENTIONS IN CRIMINAL COURT |
35 UC Law SF Journal on Gender and Justice 83 (May, 2024) |
This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at... |
2024 |
|
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
|
| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
|
| Stacey A. Tovino |
ABORTED CONFIDENTIALITY |
65 Boston College Law Review 1921 (June, 2024) |
Introduction. 1923 I. The Former HIPAA Privacy Rule. 1931 A. Crime on Premises Exception. 1935 B. Emergency Care Exception. 1937 C. Decedent Exception. 1939 D. Required by Law Exception. 1941 E. Identification and Location Exception. 1943 F. Crime Victim Exception. 1944 G. Summary. 1945 II. The Final Rule. 1946 A. The Purpose-Based Prohibition.... |
2024 |
|
| Kristin Henning |
ADVANCING RACIAL JUSTICE THROUGH THE RESTATEMENT OF CHILDREN AND THE LAW: THE CHALLENGE, THE INTENT, AND THE OPPORTUNITY |
91 University of Chicago Law Review 345 (March, 2024) |
The Restatement of Children and the Law explores the regulation of children in four categories: Children in Families, Children in Schools, Children in the Justice System, and Children in Society. Each category surveys the laws that facilitate or guard against the intrusion of the state into the lives of young people. Despite the state's... |
2024 |
|
| Kimberly West-Faulcon |
AFFIRMATIVE ACTION AFTER SFFA v. HARVARD: THE OTHER DEFENSES |
74 Syracuse Law Review 1101 (2024) |
The diversity justification for race affirmative action recognized in the Bakke-Grutter-Fisher line of cases survived the SFFA v. Harvard ruling. However, the diversity rationale is scathed enough that universities should end the nearly forty-year-old practice of relying exclusively on the institution's educational need for diversity to satisfy... |
2024 |
|
| Huyen Pham, Joseph Thai |
AFFIRMATIVE ACTION'S ASIAN AMERICAN PROBLEM |
57 Loyola of Los Angeles Law Review 587 (Summer, 2024) |
Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle... |
2024 |
|
| Mary Crossley |
AFFIRMATIVELY FURTHERING HEALTH EQUITY |
89 Brooklyn Law Review 495 (Winter, 2024) |
The COVID-19 pandemic opened the eyes of many Americans to the existence of unjust health disparities. Early pandemic reporting recounted higher rates of infections and deaths among Black people in cities including Milwaukee, New York City, and New Orleans. As the pandemic progressed and vaccines first became available, vaccination rates lagged in... |
2024 |
|
| Katharine I. Toledo |
AFTER ADARAND: RE-PRIORITIZING RACE-CONSCIOUS PROGRAMS IN FEDERAL PROCUREMENT |
53 Public Contract Law Journal 377 (Winter, 2024) |
This Note seeks to understand whether, nearly thirty years after the Supreme Court's decision in Adarand Constructors v. Pena (1995), there exists a path forward for the reprioritization of racial diversity in federal procurement. First, this Note traces the history of race-conscious procurement programs. It begins with the 1953 passage of the... |
2024 |
|
| Utsav Bahl , Chad Topaz , Lea Obermüller , Sophie Goldstein , Mira Sneirson |
ALGORITHMS IN JUDGES' HANDS: INCARCERATION AND INEQUITY IN BROWARD COUNTY, FLORIDA |
71 UCLA Law Review Discourse 246 (2024) |
Judicial and carceral systems increasingly use criminal risk assessment algorithms to make decisions that affect individual freedoms. While the accuracy, fairness, and legality of these algorithms have come under scrutiny, their tangible impact on the American justice system remains almost completely unexplored. To fill this gap, we investigate the... |
2024 |
|
| Lucy Williams |
AMERICAN EXCEPTIONALISM AND/IN AFFIRMATIVE ACTION |
56 Arizona State Law Journal 365 (Spring, 2024) |
In Students for Fair Admissions (SFFA), the Supreme Court invalidated race-based admissions programs at Harvard and the University of North Carolina. Not surprisingly, the Court split along ideological lines, and its decision reflected the Justices' known policy preferences. But the decision also revealed the Justices' distinct views on American... |
2024 |
|
| Brandon Weiss |
AN AFFIRMATIVE APPROACH TO THE SUPREME COURT'S MAJOR QUESTIONS DOCTRINE & CHEVRON SKEPTICISM |
72 University of Kansas Law Review 541 (May, 2024) |
Racially restrictive covenants are a blight on our nation's history--a relic of archaic twentieth century land use practices, not unlike racial zoning, redlining, blockbusting, and a collection of other unsavory tools meant to segregate our society by race. On the occasion of the seventy-fifth anniversary of the decision, the Kansas Law Review held... |
2024 |
|
| Andrea Cann Chandrasekher |
AN EMPIRICAL INVESTIGATION OF ARBITRATOR RACE AND GENDER IN U.S. ARBITRATION |
35 Yale Journal of Law & Feminism 159 (2024) |
Abstract: For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of forced arbitration whereby millions of Americans are contractually required to resolve disputes in... |
2024 |
|
| Diane Heckman, J.D. |
AN EXAMINATION OF K-12 LITIGATION IN THE FIRST YEAR AFTER THE SUPREME COURT'S OPINION IN SFFA v. HARVARD COLLEGE AND SFFA v. UNIVERSITY OF NORTH CAROLINA |
429 West's Education Law Reporter 23 (12/19/2024) |
I. Introduction: The June 29, 2023 Majority Opinion Governing SFFA v. Harvard College and SFFA v. University of North Carolina II. Post-Harvard College Cases Involving Admission Policies or Actions Concerning K-12 Educational Programs A. Chinese American Alliance of Greater New York v. Adams/Christa McAuliffe Intermediate School PTO, Inc. v. De... |
2024 |
|
| Ifeoma Ajunwa |
ARTIFICIAL INTELLIGENCE, AFROFUTURISM, AND ECONOMIC JUSTICE |
112 Georgetown Law Journal 1267 (June, 2024) |
Artificial intelligence (AI) work technologies have been lauded for their efficiency, cost savings, and ability to democratize access to work. Indeed, AI work technologies make a planetary labor market possible. But what does this mean for the future of work for Black workers both in the Diaspora and on the African continent? Building on the... |
2024 |
|
| Sonia M. Gipson Rankin , Melanie Moses , Kathy L. Powers |
AUTOMATED STATEGRAFT: ELECTRONIC ENFORCEMENT TECHNOLOGY AND THE ECONOMIC PREDATION OF BLACK COMMUNITIES |
2024 Wisconsin Law Review 665 (2024) |
Automated traffic enforcement systems disproportionately impact Black communities in the United States. This Essay uncovers a troubling reality: while technologies such as speed cameras and red light cameras are often touted as tools for public safety by the National Highway Safety Transportation Administration, they disproportionately burden Black... |
2024 |
|
| Salimah Khoja , Paulina Leyva Hernandez |
BETWEEN A RIVER AND A WALL: AN IMPOSSIBLE CHOICE FOR MIGRANTS LIVING UNDER OPERATION LONE STAR AND S.B. 4 |
27 CUNY Law Review 270 (Summer, 2024) |
In 2023 the Texas legislature passed Senate Bill 4 (S.B. 4), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas's S.B. 4 and Arizona's Senate Bill 1070 (S.B. 1070) were created to... |
2024 |
|
| Sara A. Colangelo |
BRIDGING SILOS: ENVIRONMENTAL AND REPRODUCTIVE JUSTICE IN THE CLIMATE CRISIS |
112 California Law Review 1255 (August, 2024) |
The climate crisis is a perilous yet underexamined example of the intersection of environmental injustice and reproductive injustice. The physical manifestations of the climate crisis affect key elements of reproductive justice: women's rights to have children, to not have children, and to parent children in healthy, sustainable communities. Reams... |
2024 |
|
| Richard E. Levy , University of Kansas School of Law |
BROWN v. BOARD OF EDUCATION AND THE PROBLEM OF REMEDY |
93-DEC Kansas Bar Journal 5 (November/December, 20) |
The U.S. Supreme Court's decision in Brown v. Board of Education is rightly celebrated for declaring that legally mandated racial segregation in public schools violates the Fourteenth Amendment. Although Brown focused only on schools, subsequent cases relied on Brown to invalidate racial segregation in other contexts, thus dismantling the... |
2024 |
|
| Emily Chuah |
CAN CALIFORNIA PLEAS RESURRECT ITS UNCONSTITUTIONAL CONDITIONS DOCTRINE? |
112 California Law Review 209 (February, 2024) |
Now, is it possible that with the seventy lawyers in this house we shall wrangle here for two days and not be able to settle the jury question? Can no man go to work and write a few lines that will suit the subject and not lead us into danger? --Patrick Dowling The Supreme Court of the United States is more conservative than it has been in decades,... |
2024 |
|
| Jordan Nickerson, David Solomon, University of Washington, Boston College |
CAR SEATS AS CONTRACEPTION |
67 Journal of Law & Economics 517 (August, 2024) |
We show that laws mandating use of child car safety seats significantly reduce birth rates, as many cars cannot fit three child seats in the back seat. Women with two children younger than their state's age mandate have a lower annual birth probability of .73 percentage points. This effect is limited to births of third children, households with... |
2024 |
|
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
|
| Jason A. Cade |
CHALLENGING THE CRIMINALIZATION OF UNDOCUMENTED DRIVERS THROUGH A HEALTH JUSTICE FRAMEWORK |
41 Wisconsin International Law Journal 325 (Spring, 2024) |
States increasingly use driver's license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend--state schemes that prohibit noncitizen residents from accessing driver's licenses and then impose criminal sanctions for driving without... |
2024 |
|
| Diane Marie Amann |
CHILD-TAKING |
45 Michigan Journal of International Law 305 (2024) |
A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on... |
2024 |
|
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
|
| Chris Chambers Goodman |
COLORBLIND AND COLOR MUTE: WORDS UNSPOKEN IN U.S. SUPREME COURT ORAL ARGUMENTS |
30 Washington and Lee Journal of Civil Rights and Social Justice 169 (Spring, 2024) |
The U.S. Supreme Court holds oral arguments on 70 to 80 cases each year, with fewer than a dozen most years involving issues around race or ethnicity. When the salience of race is clear, Supreme Court observers would expect to hear racial terms used in the arguments by counsel, as well as in the Justice's questions. Surprisingly, this research... |
2024 |
|
| Daniel S. Harawa |
COLORING IN THE FOURTH AMENDMENT |
137 Harvard Law Review 1533 (April, 2024) |
C1-2CONTENTS Introduction. 1535 I. Race-ing and (E)race-ing Seizures.. 1540 A. The Reasoning of Courts that Do Not Consider Race. 1542 B. The Reasoning of Courts that Consider Race. 1544 II. Porting Colorblindness to the Fourth Amendment. 1548 A. The Incessant Invocation of Justice Harlan's Dissent. 1548 1. Colorblindness in the Wings: Concurrences... |
2024 |
|
| Sidney D. Watson |
COMMUNITY ENGAGEMENT, PUBLIC REPORTING, AND FINANCIAL INCENTIVES: LESSONS FROM MICHIGAN ON TACKLING RACIAL AND ETHNIC DISPARITIES IN MEDICAID MANAGED CARE |
23 Houston Journal of Health Law & Policy 111 (2024) |
Introduction. 112 I. Medicaid, health care disparities, and equity-focused quality improvement. 115 II. HHS drops the ball: The lack of federal guidance on collecting and reporting race and ethnicity data to support quality improvement efforts. 119 III. Michigan's Long Experience. 128 IV. Lessons from Michigan. 139 Conclusion. 142 |
2024 |
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| Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
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