| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Holly Jeanine Boux |
"#USTOO": EMPOWERMENT AND PROTECTIONISM IN RESPONSES TO SEXUAL ABUSE OF WOMEN WITH INTELLECTUAL DISABILITIES |
37 Berkeley Journal of Gender, Law & Justice 131 (2022) |
Introduction. 132 I. Sexual Abuse of Persons with ID: Context, Incidence, Challenges. 135 II. Recently Proposed Legislation Relating to Sexual Abuse and Persons with ID. 141 III. Recent Legislation: Evaluation and Contextualization. 143 A. Points of Progress: Taking Caregiver Abuse Seriously and Listening to Those with ID. 143 B. Areas for... |
2022 |
yes |
| John A.D. Marinelli |
"EDUCATION UNDER ARMED GUARD": AN ANALYSIS OF THE SCHOOL-TO-PRISON PIPELINE IN WASHINGTON, D.C. |
59 American Criminal Law Review 1697 (Fall, 2022) |
Introduction. 1698 I. The School-to-Prison Pipeline. 1699 A. Origins. 1699 1. Suppressing Civil Rights Demonstrations. 1699 2. The Tough on Crime Mentality. 1700 3. Mass Shootings and School Security. 1701 B. Component Practices. 1702 1. School Policing. 1702 2. The Criminalization of Student Conduct. 1703 3. Exclusionary Discipline. 1705 C.... |
2022 |
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| Walter I. Gonçalves, Jr. |
"HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS |
59 American Criminal Law Review 293 (Spring, 2022) |
Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... |
2022 |
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| Darren Lenard Hutchinson |
"WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION |
110 California Law Review 371 (April, 2022) |
United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... |
2022 |
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| Thalia González , Alexis Etow , Cesar De La Vega |
A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING |
71 American University Law Review 1927 (June, 2022) |
Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... |
2022 |
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| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
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| Matthew Barreto, Michael Cohen, Loren Collingwood, Chad W. Dunn, Sonni Waknin , UCLA Voting Rights Project |
A NOVEL METHOD FOR SHOWING RACIALLY POLARIZED VOTING: BAYESIAN IMPROVED SURNAME GEOCODING |
46 New York University Review of Law and Social Change 1 (2022) |
Section 2 of the Voting Rights Act is one of the most important tools for litigants challenging discriminatory voting procedures. The Supreme Court outlined the test governing vote dilution claims--which are claims that an electoral system, process, or procedure weakens a minority group's ability to elect candidates of their choice--under Section 2... |
2022 |
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| Gabriella Argueta-Cevallos |
A PROSECUTOR WITH A SMOKING GUN: EXAMINING THE WEAPONIZATION OF RACE, PSYCHOPATHY, AND ASPD LABELS IN CAPITAL CASES |
53 Columbia Human Rights Law Review 624 (Spring, 2022) |
Prosecutors play a central role both in weaponizing personality disorder labels in capital cases and in oppressing Black, Indigenous, and People of Color (BIPOC) within the criminal legal system. This is especially true for antisocial and psychopathic personality disorder labels. Because there are common mechanisms underlying both processes, it... |
2022 |
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| Jocelyn Hassel |
A REBUTTAL TO "ARRÉGLATE ESE PAJÓN": REFLECTIONS ON NATURAL HAIR MOVEMENTS, THE CROWN ACT, AND #BETRAYLATINIDAD |
38 Chicana/o-Latina/o Law Review 163 (2022) |
C1-2Table of Contents Introduction. 164 I. Legacies of Hair Discrimination in the United States. 174 A. Winning Hearts, Minds, and Hair: The Legal Struggle for Combatting Hair Discrimination. 175 II. The CROWN Act. 180 III. Reflections on Generational Memory-Dominican Racial Consciousness and Diasporic Dialectics. 183 A. A Brief Introduction to... |
2022 |
yes |
| Sarah Hopkins |
A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK |
55 UIC Law Review 485 (Fall, 2022) |
I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... |
2022 |
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| Kimberly Winter |
A TALE OF TWO SUBURBS: HOW ZONING CONTRIBUTED TO DEMOGRAPHIC PATTERNS IN GLASTONBURY AND EAST HARTFORD, CONNECTICUT |
30 Journal of Affordable Housing & Community Development Law 437 (2022) |
I. Introduction. 437 II. History of East Hartford and Glastonbury. 439 III. Legal Overview. 442 IV. Historic Zoning Action Taken. 444 A. Glastonbury. 444 B. East Hartford. 446 V. Effects of the Zoning Differences. 449 A. Large Lot Zoning. 449 B. Multi-Family Housing. 453 VI. Conclusion. 458 |
2022 |
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| Steven Sacco |
ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY |
36 Georgetown Immigration Law Journal 693 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... |
2022 |
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| Cyra Akila Choudhury , Shruti Rana |
ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY |
51 Southwestern Law Review 287 (2022) |
To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... |
2022 |
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| Laura Lane-Steele |
ADJUDICATING IDENTITY |
9 Texas A&M Law Review 267 (Winter, 2022) |
Legal actors examine identity claims with varying degrees of intensity. For instance, to be considered female for the U.S. Census, self-identification alone is sufficient, and no additional evidence is necessary. To change a sex marker on a birth certificate to female, however, self-identification is not enough; some states require people to... |
2022 |
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| Francisco Valdes , Steven W. Bender, Jennifer J. Hill |
AFTERWORD: LATCRIT AT TWENTY-FIVE AND BEYOND--ORGANIZED ACADEMIC ACTIVISM AND THE LONG HAUL: DESIGNING "HYBRIDIZED" ADVOCACY PROJECTS FOR AN AGE OF GLOBAL DISRUPTION, SYSTEMIC INJUSTICE, AND BOTTOM-UP PROGRESS |
99 Denver Law Review 773 (Summer, 2022) |
On the monumental occasion of the twenty-fifth anniversary celebration of LatCrit (Latina and Latino Critical Legal Theory, Inc.) as a still thriving and persevering community of critical scholars and activists, this Article offers some reflections on where we have been, where we are now, and where we might go next together as academics and... |
2022 |
yes |
| Richard L. Revesz |
AIR POLLUTION AND ENVIRONMENTAL JUSTICE |
49 Ecology Law Quarterly 187 (2022) |
Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... |
2022 |
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| Marissa A. Smith |
AMERICA, LAND OF THE FEE: A CONSTITUTIONAL ANALYSIS OF FEDERAL FILING FEES |
107 Cornell Law Review 593 (January, 2022) |
L1-2Introduction . L3594 I. Background. 597 A. The History of Filings Fees. 597 B. IFP Status and Its Shortcomings. 601 1. Vague and Inconsistent Standards. 601 2. IFP Status and Prisoners. 602 C. Disparate Impact on Racial Minorities. 605 1. The Wealth and Equity Gap. 605 2. Civil Rights Claims. 607 II. The Due Process Arguments Against Filing... |
2022 |
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| Christopher L. Mathis |
AN ACCESS AND EQUITY RANKING OF PUBLIC LAW SCHOOLS |
74 Rutgers University Law Review 677 (Winter, 2022) |
Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report's Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll in law school. These ranking systems have defined what is measured as quality and what outcomes law schools... |
2022 |
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| Mary R. Rose |
AN UNFORTUNATE TEXAS TRADITION: LATINO UNDERREPRESENTATION IN JURY POOLS |
98 The Advocate (Texas) 8 (Spring, 2022) |
THE TEXAS EDUCATION AGENCY, IN DEFINING the Texas Essential Skills and Knowledge criteria for high school students, mandates that students learn landmark U.S. Supreme Court decisions, one of which is Hernandez v. Texas, 347 U.S. 475 (1954). The decision qualifies as landmark because the high court made clear that the Fourteenth Amendment is... |
2022 |
yes |
| Barry Friedman |
ARE POLICE THE KEY TO PUBLIC SAFETY?: THE CASE OF THE UNHOUSED |
59 American Criminal Law Review 1597 (Fall, 2022) |
We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off... |
2022 |
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| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
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| Mary Szto |
BARRING DIVERSITY? THE AMERICAN BAR EXAM AS INITIATION RITE AND ITS EUGENICS ORIGIN |
21 Connecticut Public Interest Law Journal 38 (Spring, 2022) |
According to the 2020 census, the U.S. population is over 42% minorities, however, only 14% of the legal profession is. In 2020, the first-time bar taker pass rate was 88% for Whites, 80% for Asians, 78% for Native Americans, 76% for Hispanics, and 66% for Blacks. The COVID-19 pandemic has also thrown state bar exams into crisis. Some states... |
2022 |
yes |
| Darryl K. Brown |
BATSON v. ARMSTRONG: PROSECUTORIAL BIAS AND THE MISSING EVIDENCE PROBLEM |
100 Oregon Law Review 357 (2022) |
Introduction. 358 I. Where and When are Prosecutors Biased?. 365 A. Evidence Linking Racial Bias and Prosecutorial Discretion. 365 B. Bias in Charges, Dismissals, Plea Bargains and Sentencing. 369 C. Bias in Jury Selection. 374 D. Implications for Equal Protection Litigation. 375 II. Batson v. Armstrong Doctrine. 376 A. Procedural Structure of... |
2022 |
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| Maggie Hadley |
BEHIND THE BLUE WALL OF SILENCE: RACIAL DISPARITIES IN NYPD DISCIPLINE |
53 Columbia Human Rights Law Review 663 (Spring, 2022) |
This Note presents the first contemporary empirical study of racial disparities in New York City Police Department (NYPD) discipline. Historically, the NYPD, like many departments across the country, applied its enormous disciplinary discretion in secrecy. That changed in June of 2020, when New York City publicly released thousands of civilian... |
2022 |
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| Goldburn P. Maynard Jr. |
BIDEN'S GAMBIT: ADVANCING RACIAL EQUITY WHILE RELYING ON A RACE-NEUTRAL TAX CODE |
131 Yale Law Journal Forum 656 (9-Jan-22) |
abstract. The American Rescue Plan Act was both a major infusion of economic aid to low-income and middle-class Americans and an opportunity for the Biden Administration to keep its promise to promote racial equity. This Essay analyzes ARPA's major provisions to determine their potential impact on racial equity. It argues that the Biden... |
2022 |
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| Glenn D. Walters, Department of Criminal Justice, Kutztown University |
CHANGES IN CRIMINAL THINKING FROM MIDADOLESCENCE TO EARLY ADULTHOOD: DOES TRAJECTORY DIRECTION MATTER? |
46 Law and Human Behavior 154 (April, 2022) |
Objective: Although there is evidence of a strong age--crime relationship, there is little consensus as to why crime peaks in midadolescence and drops off in late adolescence or early adulthood, and there is virtually no information on how age interacts with other crime-related variables such as criminal thinking. The purpose of this study was to... |
2022 |
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| Krystle Okafor |
COMMUNITY OWNERSHIP IN NEW YORK CITY: THE HOUSING DEVELOPMENT FUND CORPORATION |
30 New York University Environmental Law Journal 413 (2022) |
Community ownership refers to tenures and tactics for the shared acquisition, financing, development, rehabilitation, and stewardship of land and housing among residents in a local community. As the COVID-19 pandemic softens multifamily housing markets, tenant activists, policy advocates, and progressive legislators have trumpeted community-owned... |
2022 |
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| Thomas R. Hutchison |
COMPASSIONATE RELEASE, COVID-19, AND THE DANGEROUS FUTILITY OF THE FIRST STEP ACT'S ADMINISTRATIVE EXHAUSTION REQUIREMENT |
25 Journal of Gender, Race and Justice 279 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 280 II. Background. 286 A. Federal Prisons Generally and the Spread of Covid Within Them. 286 B. The Text, History, and Media Coverage of the First Step Act and Exhaustion Requirements Generally. 289 C. The History of Compassionate Release. 292 D. Circuit-Split on Waivability of the FSA's Administrative... |
2022 |
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| Stephanie Bornstein |
CONFRONTING THE RACIAL PAY GAP |
75 Vanderbilt Law Review 1401 (October, 2022) |
For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... |
2022 |
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| Jacob Schuman |
CRIMINAL VIOLATIONS |
108 Virginia Law Review 1817 (December, 2022) |
Violations of community supervision are major drivers of incarceration. Nearly four million people in the United States are serving terms of probation, parole, or supervised release, and one-third of them are eventually found in violation of a condition of their supervision, sending 350,000 people to prison each year. To reduce incarceration rates,... |
2022 |
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| Anthony Rychkov |
CRITICAL TAX THEORY: COMBATTING RACIAL AND INCOME INEQUALITY IN AMERICA |
21 Seattle Journal for Social Justice 87 (Fall, 2022) |
Critical race theory holds that racism is not merely the product of individual bias and prejudices but also something embedded in legal systems and policies. This article will particularly discuss critical race theory and its effects on U.S. tax policies, something I would like to call critical tax theory. As Benjamin Franklin famously noted,... |
2022 |
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| Rashida Richardson |
DEFINING AND DEMYSTIFYING AUTOMATED DECISION SYSTEMS |
81 Maryland Law Review 785 (2022) |
Government agencies are increasingly using automated decision systems to aid or supplant human decision-making and policy enforcement in various sensitive social domains. They determine who will have their food subsidies terminated, how many health care benefits a person is entitled to, and who is likely to be a victim of a crime. Yet, existing... |
2022 |
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| Elaine Gross, MSW |
DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE |
38 Touro Law Review 589 (2022) |
In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... |
2022 |
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| Travis Crum |
DEREGULATED REDISTRICTING |
107 Cornell Law Review 359 (January, 2022) |
From the civil rights movement through the Obama administration, each successive redistricting cycle involved ever-greater regulation of the mapmaking process. But in the past decade, the Supreme Court has rewritten the ground rules for redistricting. For the first time in fifty years, Southern States will redistrict free of the preclearance... |
2022 |
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| Evan R. Seamone |
DISABILITY COMPENSATION FOR THE PSYCHOLOGICAL IMPACT OF RACE DISCRIMINATION: LESSONS FROM THE BOARD OF VETERANS' APPEALS |
74 Administrative Law Review 309 (Spring, 2022) |
Introduction. 310 II. VA Disability Compensation Framework. 317 III. Research Methodology. 323 A. The Written VA Appellate Decision as the Unit of Analysis. 323 B. Supervised Machine Learning to Classify Discrimination Cases. 326 C. Study Limitations. 327 IV. Study Results. 329 A. General Trends in Outcomes Across Discrimination Cases. 329 B.... |
2022 |
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| Jamelia Morgan |
DISABILITY'S FOURTH AMENDMENT |
122 Columbia Law Review 489 (March, 2022) |
Issues relating to disability are undertheorized in the Supreme Court's Fourth Amendment jurisprudence. Across the lower courts, although disability features prominently in excessive force cases, typically involving individuals with psychiatric disabilities, it features less prominently in other areas of Fourth Amendment doctrine. Similarly,... |
2022 |
yes |
| Lisa Grow, Brigham Daniels, Doug Spencer, Chantel Sloan, Natalie Blades, M. Teresa Gómez, Sarah R. Christensen |
DISASTER VULNERABILITY |
63 Boston College Law Review 957 (March, 2022) |
Introduction. 959 I. Background on Disaster Vulnerability. 962 A. Understanding Disaster Vulnerability Scholarship. 963 B. The Ethical and Practical Case for Focusing on Vulnerability. 967 II. Geographic Vulnerability and Our COVID-19 Vulnerability Index. 973 A. Constructing Our COVID-19 Vulnerability Index. 974 B. Applying Our Vulnerability Risk... |
2022 |
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| Atinuke O. Adediran |
DISCLOSURES FOR EQUITY |
122 Columbia Law Review 865 (May, 2022) |
This Article addresses how to increase funding to nonprofit organizations that are led by minorities or serve communities of color and how to hold corporations and private foundations who make public commitments to fund these organizations accountable for those commitments. The Article makes two policy recommendations to address these problems,... |
2022 |
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| Nicole K. McConlogue |
DISCRIMINATION ON WHEELS: HOW BIG DATA USES LICENSE PLATE SURVEILLANCE TO PUT THE BRAKES ON DISADVANTAGED DRIVERS |
18 Stanford Journal of Civil Rights & Civil Liberties 279 (May, 2022) |
As scholarly discourse increasingly raises concerns about the negative societal effects of fintech, dirty data, and technochauvinism, a growing technology provides an instructive illustration of all three of these problems. Surveillance software companies are using automated license plate reader (ALPR) technology to develop predictive... |
2022 |
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| Anita L. Allen |
DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM |
131 Yale Law Journal Forum 907 (########) |
abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... |
2022 |
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| Chris Chambers Goodman , Natalie Antounian |
DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION |
73 Hastings Law Journal 437 (February, 2022) |
This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... |
2022 |
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| Raquel Muñiz , Sergio Barragán |
DISRUPTING THE RACIALIZED STATUS QUO IN EXAM SCHOOLS?: RACIAL EQUITY AND WHITE BACKLASH IN BOSTON PARENT COALITION FOR ACADEMIC EXCELLENCE v. THE SCHOOL COMMITTEE OF THE CITY OF BOSTON |
49 Fordham Urban Law Journal 1043 (October, 2022) |
Introduction. 1044 I. Literature Review. 1049 A. White Backlash and White Victimhood. 1050 B. Color-Evasiveness and the Burden of Silent Racism. 1054 C. Racialization of High-Stakes Testing. 1056 II. The BPCAE v. Boston Controversy as a Case Study. 1061 A. Legal Precedent and Social Context Surrounding the Case. 1061 B. Conceptual Lens and Analytic... |
2022 |
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| Brian Soucek |
DIVERSITY STATEMENTS |
55 U.C. Davis Law Review 1989 (April, 2022) |
Universities increasingly require diversity statements' from faculty seeking jobs, tenure, or promotion. But statements describing faculty's contributions to diversity, equity, and inclusion are also increasingly under attack. Criticisms first made in tweets and blog posts have expanded into prominent opinion pieces and, more recently, law review... |
2022 |
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| Rachel F. Moran |
DIVERSITY'S DISTRACTIONS REVISITED: THE CASE OF LATINX IN HIGHER EDUCATION |
73 South Carolina Law Review 579 (Spring, 2022) |
As the United States Supreme Court considers the future of affirmative action in higher education, this Article reflects on a 2003 essay by Professor Derrick Bell, which provocatively argued that diversity is a distraction from other pressing problems of access to a bachelor's degree. The Article evaluates his claims with a focus on Latinx... |
2022 |
yes |
| Hadley F. Bachman, Ph.D. Cand., Philip T. K. Daniel, J.D., Ed.D., Karen Stansberry Beard, Ph.D. |
DO THE SOCIETAL BENEFITS FROM ABILITY GROUPING IN SCHOOLS OUTWEIGH THE POTENTIAL DISCRIMINATORY EFFECT?: A REVIEW OF INTEGRATENYC |
399 West's Education Law Reporter 909 (23-Jun-22) |
WHEREAS, the proper education of all citizens is one of the most important responsibilities of the states to preserve a free and open society in the United States . School districts, including their boards of education and administrators, have a legitimate interest in providing a sound education to all their students and thus establish policies... |
2022 |
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| Kevin Brown, Lalit Khandare, Annapurna Waughray, Kenneth Dau-Schmidt, Theodore M. Shaw |
DOES U.S. FEDERAL EMPLOYMENT LAW NOW COVER CASTE DISCRIMINATION BASED ON UNTOUCHABILITY?: IF ALL ELSE FAILS THERE IS THE POSSIBLE APPLICATION OF BOSTOCK v. CLAYTON COUNTY |
46 New York University Review of Law and Social Change 117 (2022) |
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The... |
2022 |
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| Jennifer D. Oliva |
DOSING DISCRIMINATION: REGULATING PDMP RISK SCORES |
110 California Law Review 47 (February, 2022) |
Prescription drug monitoring program (PDMP) predictive surveillance platforms were designed for--and funded by--law enforcement agencies. PDMPs use proprietary algorithms to determine a patient's risk for prescription drug misuse, diversion, and overdose. The proxies that PDMPs utilize to calculate patient risk scores likely produce artificially... |
2022 |
yes |
| Bruce A. Easop |
EDUCATION EQUITY DURING COVID-19: ANALYZING IN-PERSON PRIORITY POLICIES FOR STUDENTS WITH DISABILITIES |
74 Stanford Law Review 223 (January, 2022) |
Abstract. During the COVID-19 pandemic, schools nationwide failed to provide essential supports and services to students with disabilities. Based on reviews of 115 school-district reopening plans, this Note finds that numerous schools sought to remedy these gaps through in-person priority policies designed to return students with disabilities to... |
2022 |
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| Olivia Crow |
EDUCATION INEQUALITY DURING COVID-19: HOW REMOTE LEARNING IS WIDENING THE ACHIEVEMENT GAP AND SPURRING THE NEED FOR JUDICIAL INTERVENTION |
63 Boston College Law Review 713 (February, 2022) |
Abstract: Remote learning during the COVID-19 pandemic (COVID-19) disrupted nearly every student's life and will cause immense learning losses. Low-income students and students of color are the most likely to be in online classes, yet the least likely to have necessary resources to succeed in a remote school environment. Studies show that the... |
2022 |
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| John Herlyn Antón Sánchez |
EL DERECHO INTERNACIONAL LATINOAMERICANO Y EL PUEBLO AFRODESCENDIENTE |
116 AJIL Unbound 328 (2022) |
Luego de la Tercera Conferencia Mundial contra el Racismo, la Discriminación Racial, la Xenofobia y las Formas Relacionadas con la Intolerancia, realizada por las Naciones Unidas en Durban, Sudáfrica, en 2001, surgió un importante movimiento. Las comunidades de la diáspora africana en las Américas--o afrodescendientes, como prefieren... |
2022 |
yes |