Author | Title | Citation | Summary | Year | Key Terms |
Bethany O'Neill , Cresston Gackle , David Schultz |
MINNESOTA'S RACIALLY BIASED JURY POOLS AND HOW TO FIX THEM |
80-APR Bench and Bar of Minnesota 16 (April, 2023) |
Individuals accused of crimes are entitled to a trial before an impartial jury of their peers. This is a bedrock principle of American law, with origins that date to medieval England. The idea is embodied in the Sixth Amendment, which requires the pool from which a jury is drawn to reflect a representative cross-section of the community. Yet what... |
2023 |
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Laura T. Kessler |
MISCARRIAGE OF JUSTICE: EARLY PREGNANCY LOSS AND THE LIMITS OF U.S. EMPLOYMENT LAW |
108 Cornell Law Review 543 (March, 2023) |
This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is a common experience. Of confirmed pregnancies, about 15% will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet, this experience slips through the cracks of every major federal... |
2023 |
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Kate Sablosky Elengold |
MOBILITY MATTERS: WHERE HIGHER EDUCATION MEETS TRANSPORTATION |
13 UC Irvine Law Review 619 (March, 2023) |
Higher education has long been hailed as the key to social and economic mobility. And yet, mobility itself is one of the greatest barriers to equity in higher education. Although scholars and policymakers have thus far paid scant attention to the role of transportation in higher education, this Article establishes why that oversight undermines... |
2023 |
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Allison Roy Kawachi |
MUNICIPAL FAIR HOUSING ACT LITIGATION AND REPARATIONS |
69 UCLA Law Review 1322 (January, 2023) |
L1-2TABLE OF CONTENTS Introduction. 1324 I. Reparations Litigation: What It Is and Why It Fails. 1327 A. What Are Reparations?. 1327 1. Definition. 1327 2. History. 1330 3. Goals. 1334 a. Economic Goals. 1334 b. Moral Goals. 1336 B. Reparations and Litigation. 1337 1. The Role of Litigation. 1337 2. Overview of Key Reparations Cases. 1339 a.... |
2023 |
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Juan Palacio Moreno |
MYTH & REMEMBRANCE: THE HARVARD LIFE OF PEDRO ALBIZU CAMPOS |
26 Harvard Latin American Law Review 43 (Spring, 2023) |
This paper attempts two distinct, yet related goals. First, it engages with primary sources, such as transcripts, letters, and class reports, to uncover details about the academic student life of one of Harvard's most famous Latino alumni, Pedro Albizu Campos. Second, it advances a normative argument that Pedro Albizu Campos should be remembered at... |
2023 |
Yes |
Shayak Sarkar |
NEED-BASED EMPLOYMENT |
64 Boston College Law Review 119 (January, 2023) |
Introduction. 120 I. Productivity and Beyond. 127 II. Need-Based Employment in Practice. 131 A. Historical Precedent: Need Through the New Deal's Work Programs. 131 1. Need-Based Employment Before the New Deal. 131 2. Need and the New Deal's Pre-WPA Work Programs. 133 3. Need and the WPA. 135 B. Contemporary Need-Based Employment. 138 1. Federal... |
2023 |
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Gerald Torres |
NEPANTLA/COATLICUE/CONOCIMIENTO |
121 Michigan Law Review 1147 (April, 2023) |
Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa. San Francisco: Aunt Lute Books. 1987. (Aunt Lute Books 2012 ed.). Pp. 300. $22.95. I was asked to review the twenty-fifth-anniversary edition of Gloria Anzaldúa's landmark book, Borderlands/La Frontera: The New Mestiza. Even though the secondary literature on this book is voluminous,... |
2023 |
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Brett V. Ries |
NOT UP FOR DELIBERATION: EXPANDING THE PEÑA-RODRIGUEZ PROTECTION TO COVER JURY BIAS AGAINST LGBTQ+ INDIVIDUALS |
72 Duke Law Journal 1567 (April, 2023) |
Discrimination against LGBTQ+ individuals persists within the United States criminal justice system, which is no surprise given the history of LGBTQ+ discrimination in the United States. Evidence of jurors convicting LGBTQ+ defendants--or, in some extreme cases, sentencing them to death--because of the defendant's queer identity is especially... |
2023 |
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Daniel S. Harawa |
NYSRPA v. BRUEN: WEAPONIZING RACE |
20 Ohio State Journal of Criminal Law 163 (Fall, 2023) |
I steeled myself as I prepared to read New York State Rifle & Pistol Association v. Bruen. Not because I was unsure of how the Supreme Court would rule--it seemed clear that the Court would hold that New York's concealed handgun permitting regime violated the Second Amendment. Rather, I worried because if past is prologue, the Court was going to... |
2023 |
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Rachael K. Cox |
OBEY OR ABEY: AN EMPIRICAL EXAMINATION OF ABEYANCE AGREEMENTS IN PUBLIC SCHOOL DISCIPLINE |
117 Northwestern University Law Review 1427 (2023) |
Abstract--Exclusionary discipline is widely understood to mean the typical responses to student misbehavior in public schools: suspension and expulsion. But sometimes their lesser-known counterpart, the abeyance agreement, swoops in before the suspension or expulsion is effectuated and gives the student a second chance to avoid such... |
2023 |
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Aliza Hochman Bloom |
OBJECTIVE ENOUGH: RACE IS RELEVANT TO THE REASONABLE PERSON IN CRIMINAL PROCEDURE |
19 Stanford Journal of Civil Rights & Civil Liberties 1 (April, 2023) |
There is overwhelming evidence that an individual's race affects how police treat them during a police encounter, and that Black Americans have substantial cause to worry about the consequences of ignoring or walking away from law enforcement. Accordingly, when courts determine whether a reasonable person feels free to decline, leave, or end an... |
2023 |
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Veena Dubal |
ON ALGORITHMIC WAGE DISCRIMINATION |
123 Columbia Law Review 1929 (November, 2023) |
Recent technological developments related to the extraction and processing of data have given rise to concerns about a reduction of privacy in the workplace. For many low-income and subordinated racial minority workforces in the United States, however, on-the-job data collection and algorithmic decisionmaking systems are having a more profound yet... |
2023 |
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Andrew Hammond |
ON FIRES, FLOODS, AND FEDERALISM |
111 California Law Review 1067 (August, 2023) |
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... |
2023 |
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Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
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Prof. Mimi Marziani |
OPENING SPEAKER |
29 Texas Hispanic Journal of Law and Policy 51 (Spring, 2023) |
Speaker: Professor Mimi Marziani, President of the Texas Civil Rights Project and Adjunct Professor at the University of Texas School of Law Moderator: Josue Teniente and Maria Portella, Symposium Co-Chairs Good morning, everyone. Welcome to the 2022 Texas Hispanic Journal of Law & Policy Symposium. My name is Josue Teniente. I am one of the... |
2023 |
Yes |
Shefali Milczarek-Desai |
OPENING THE PANDEMIC PORTAL TO RE-IMAGINE PAID SICK LEAVE FOR IMMIGRANT WORKERS |
111 California Law Review 1171 (August, 2023) |
Historically, pandemics have forced humans to break with the past and imagine their world anew. This one is no different. It is a portal, a gateway between one world and the next. --Arundhati Roy The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision... |
2023 |
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Sophia Iams |
PATENTLY BIASED: A DISCUSSION OF HISTORICAL AND SYSTEMIC CAUSES OF RACIAL DISPARITY IN PATENT LAW |
27 University of San Francisco Intellectual Property and Technology Law Journal 199 (Spring, 2023) |
This article addresses the racial disparity in patenting rates through a holistic discussion of the potential causes of bias introduced in the patent system. A nearly twenty-five percent decreased likelihood of securing a patent excluding factors other than race is an unacceptable form of discrimination. Prohibitively high costs for patent... |
2023 |
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Bridget J. Crawford |
PINK TAX AND OTHER TROPES |
34 Yale Journal of Law & Feminism 88 (2023) |
Abstract: Law reform advocates should be strategic in deploying tax tropes. This Article examines five common tax phrases--the nanny tax, death tax, soda tax, Black tax, and pink tax--and demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government... |
2023 |
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Maritza I. Reyes |
PLANNING, EXECUTING, AND DOCUMENTING THE 2022 INAUGURAL GRACIELA OLIVÁREZ LATINAS IN THE LEGAL ACADEMY ("GO LILA") WORKSHOP - A CHAIR'S ACCOUNT AND INTRODUCTION |
26 Harvard Latin American Law Review 123 (Spring, 2023) |
Graciela Olivárez became the first Latina law professor in 1972, thirty-two years after the first Latina was admitted to a state bar in the United States. Fifty years after Graciela Olivárez became a law professor, a group of Latina law professors gathered for the 2022 Inaugural Graciela Olivárez Latinas in the Legal Academy (GO LILA) Workshop.... |
2023 |
Yes |
Luke M. Cornelius, Ph.D., J.D. |
POINT: THE INEVITABLE CONSTITUTIONAL DEMISE OF RACE-CONSCIOUS ADMISSIONS AND HOW UNIVERSITIES CAN PURSUE DIVERSITY IN THE WAKE OF STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE |
413 West's Education Law Reporter 9 (8/31/2023) |
Affirmative action, also referred to as race-conscious admissions, terms used interchangeably in this article, has always rested on a tortured and legally precarious proposition, namely that in order to eliminate racial discrimination in higher education it is necessary to discriminate on the basis of race in admissions. Unlike earlier cases such... |
2023 |
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Avlana K. Eisenberg |
POLICING THE DANGER NARRATIVE |
113 Journal of Criminal Law and Criminology 473 (Summer, 2023) |
The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture--namely, how... |
2023 |
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Ernesto Longa |
POLICING THE UNHOUSED |
53 New Mexico Law Review 101 (Winter, 2023) |
On May 25, 2020, 911 dispatchers sent Minneapolis Police officers to a convenience store. The caller had reported that George Floyd, a 46-year-old Black man, had used a counterfeit $20 bill to purchase a pack of cigarettes. Officers took Floyd into custody and murdered him in the street. A month earlier, an Albuquerque police officer ordered Joleen... |
2023 |
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Zachary T. Malcom, Marin R. Wenger, Brendan Lantz, College of Criminology and Criminal Justice, Florida State University |
POLITICS OR PREJUDICE? SEPARATING THE INFLUENCE OF POLITICAL AFFILIATION AND PREJUDICIAL ATTITUDES IN DETERMINING SUPPORT FOR HATE CRIME LAW |
29 Psychology, Public Policy, and Law 182 (May, 2023) |
Hate crime legislation is a divisive issue in America. While many Americans agree that hate crime laws are necessary, roughly one-third of Americans do not support such legislation. Some research suggests that one reason for this variation in support may be differences in political attitudes. Other research suggests that variation in support may be... |
2023 |
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Clare Huntington |
PRAGMATIC FAMILY LAW |
136 Harvard Law Review 1501 (April, 2023) |
C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... |
2023 |
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Rosa Celina Vargas, Regina Margarita Castillo, Eric E. Gordon, Julian Galaz Martinez, Editor-in-Chief, Executive Editor, Executive Editor, Managing Editor |
PREFACE |
26 Harvard Latin American Law Review I (Spring, 2023) |
In a year characterized as a return to normalcy, we are reminded of the continued necessity to grow, pa' lante. This year, the Harvard Latin American Law Review experienced both a literal growth in terms of student and academic interest, and a symbolic growth. The symbolic growth was illustrated by a desire to recall institutional knowledge... |
2023 |
Yes |
Rosa Celina Vargas, Regina Margarita Castillo, Eric E. Gordon, Julian Galaz Martinez, Editor-in-Chief, Executive Editor, Executive Editor, Managing Editor |
PREFACE |
26 Harvard Latin American Law Review I (Spring, 2023) |
Law professors and administrators play a critical role in shaping the future of law and the legal profession. For too long, Latinas have been mostly excluded from this role. Latina professors and administrators are not only essential to the promotion of the intersectionality of race, gender, and ethnicity in the legal field, but are vital to the... |
2023 |
Yes |
Christopher Slobogin |
PRESUMPTIVE USE OF PRETRIAL RISK ASSESSMENT INSTRUMENTS |
72 American University Law Review Forum 133 (April, 2023) |
One proposed reform of the pretrial detention system is the adoption of risk assessment instruments to assist courts in determining who is at risk of reoffending or a flight risk. This Response to Professor Melissa Hamilton's Article, Modelling Pretrial Detention, proposes that under most circumstances the results of well-validated instruments... |
2023 |
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Jordan Gross |
PRETRIAL JUSTICE IN OUT-OF-THE-WAY PLACES - INCLUDING RURAL COMMUNITIES IN THE BAIL REFORM CONVERSATION |
84 Montana Law Review 159 (Summer, 2023) |
Introduction. 161 I. Defining Rural. 170 A. Metrics Relevant to Rural Bail Administration and Reform. 171 B. Urban and Rural Differences in Bail Administration. 175 II. Pretrial Release and Detention in the U.S.. 180 A. Bail Basics. 180 B. The Constitutional Right-to-Bail Divide. 187 III. Blueprint of Contemporary Bail Reform, Mapped onto Rural... |
2023 |
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Brooke Hodgins |
PRETRIAL RELEASE, RISK ASSESSMENT, AND THE FAILING MOVEMENT TOWARDS A CASHLESS BAIL SYSTEM: THE NEED TO TARGET THE SOURCE |
29 Cardozo Journal of Equal Rights & Social Justice 773 (Summer, 2023) |
C1-2Table of Contents I. Introduction. 773 II. Background. 777 A. Historical Context. 777 B. Bail and the Supreme Court. 780 III. Problem. 782 A. The First Bail Reform: Movement of the 1960s. 782 B. Modern Day Cash Bail System. 783 i. The Racially Discriminatory Impact of the Cash Bail System. 784 C. Modern Day Bail Reform. 786 IV. Proposal. 787 A.... |
2023 |
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Christopher Levesque , Kimberly Horner , Linus Chan |
PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE |
86 Albany Law Review 471 (2022-2023) |
In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United... |
2023 |
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Kevin R. Johnson |
PROFESSOR RACHEL MORAN: A FOUNDATIONAL LATINA/O CIVIL RIGHTS SCHOLAR |
10 Texas A&M Law Review 749 (Summer, 2023) |
With an illustrious scholarly career, Professor Rachel Moran is a most-deserving Texas A&M University Hagler Fellow. Previously a chaired professor of law and dean of UCLA School of Law, and a chaired professor at the University of California, Berkeley School of Law, she currently is a Distinguished and Chancellor's Professor of Law at the... |
2023 |
Yes |
Hannah Shaffer |
PROSECUTORS, RACE, AND THE CRIMINAL PIPELINE |
90 University of Chicago Law Review 1889 (November, 2023) |
This Article presents evidence that some state prosecutors use their discretion to reduce racial disparities in criminal sentences. This finding challenges the prevailing view that prosecutors compound disparities. Given prosecutors' positions as mediators in a sequential system, this Article analyzes how prosecutors respond to disparities they... |
2023 |
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Adam Cowing |
RACE AND (DE)VALUATION IN HOUSING MARKETS |
31 Journal of Affordable Housing & Community Development Law 305 (2023) |
Race Brokers: Housing Markets and Segregation in 21st Century Urban America Elizabeth Korver-Glenn Oxford University Press (2021) 240 pages; $99.00 (cloth); $27.95 (paper); $9.99 (ebook) As rising housing costs demand national attention, there is growing momentum to liberalize land use policies to improve affordability and remedy past exclusion.... |
2023 |
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Uma Mazyck Jayakumar, William C. Kidder, Eddie Comeaux, Sherod Thaxton |
RACE AND PRIVILEGE MISUNDERSTOOD: ATHLETICS AND SELECTIVE COLLEGE ADMISSIONS IN (AND BEYOND) THE SUPREME COURT AFFIRMATIVE ACTION CASES |
70 UCLA Law Review Discourse 230 (2023) |
Regardless of what the Supreme Court decides on the fate of affirmative action, this Essay highlights a need to address the unappreciated extent of advantage that the intercollegiate athletics system provides to affluent white students. Drawing on public data sets, we test for the presence of affluent white advantage via race-neutral preferences... |
2023 |
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Charles S. Bullock, III , Charles M. Lamb , Eric M. Wilk |
RACE, ETHNICITY, AND FAIR HOUSING ENFORCEMENT: A REGIONAL ANALYSIS |
37 BYU Journal of Public Law 187 (2023) |
This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and... |
2023 |
Yes |
Bennett Capers , Gregory Day |
RACE-ING ANTITRUST |
121 Michigan Law Review 523 (February, 2023) |
Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... |
2023 |
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Lindsey M. Cole , Elizabeth A. Moschella-Smith , Paul J. Hennigan , Cesar J. Rebellon , Karen T. Van Gundy , Ellen S. Cohn |
RACIAL DIFFERENCES IN LEGAL SOCIALIZATION MODELS ACROSS ADOLESCENCE AND EMERGING ADULTHOOD |
47 Law and Human Behavior 83 (February, 2023) |
Objective: White and non-White adolescents report different experiences in the legal system. This disparity impacts their evaluations of, and attitudes toward, legal authorities such that non-White and older adolescents tend to perceive the legal systemmore negatively. Yet, many researchers assume that the process of legal socialization, which... |
2023 |
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Jack Thorlin |
RACIAL DIVERSITY AND LAW FIRM ECONOMICS |
76 Arkansas Law Review 131 (2023) |
There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast--consider the rightfully mocked tendency of people to respond to... |
2023 |
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Rachel F. Moran |
RACIAL EQUALITY, RELIGIOUS LIBERTY, AND THE COMPLICATIONS OF PLURALISM |
50 Hastings Constitutional Law Quarterly 149 (March, 2023) |
C1-2Table of Contents I. Historical Injustices: The Meaning of Race. 150 II. Contemporary Wrongs and the Role of Racialization. 155 III. Demographic Change, Pluralism Anxiety, and the Challenges for Equality and Liberty. 162 IV. Conclusion. 166 |
2023 |
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Steven W. Bender |
RACIAL JUSTICE AND MARIJUANA |
59 California Western Law Review 223 (Spring, 2023) |
Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... |
2023 |
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Jennifer S. Hunt , Stephane M. Shepherd |
RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS |
47 Law and Human Behavior 1 (February, 2023) |
Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... |
2023 |
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Jessica Dixon Weaver |
RACIAL MYOPIA IN [FAMILY] LAW |
132 Yale Law Journal Forum 1086 (4/30/2023) |
ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... |
2023 |
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Nantiya Ruan |
RACIAL PAY EQUITY IN "WHITE" COLLAR WORKPLACES |
88 Brooklyn Law Review 519 (Winter, 2023) |
The racial wealth gap in America is wide and persistent. Long-standing and substantial wealth disparities between households in different racial and ethnic groups are simply staggering. In 2019, the typical White Family ha[d] eight times the wealth of the typical Black family and five times the wealth of the typical Hispanic family. Tellingly,... |
2023 |
Yes |
Yuvraj Joshi |
RACIAL TIME |
90 University of Chicago Law Review 1625 (October, 2023) |
Racial time describes how inequality shapes people's experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon,... |
2023 |
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Alisha Desai, Ryan Holliday, Lauren M. Borges, Rocky Mountain Mental Illness Research, Education, and Clinical Center for Suicide Prevention, U.S. Department of Veterans Affairs |
RACIAL, ETHNIC, AND SEX DIFFERENCES IN PSYCHIATRIC DIAGNOSIS, MENTAL HEALTH SEQUELAE, AND VHA SERVICE UTILIZATION AMONG JUSTICE-INVOLVED VETERANS |
47 Law and Human Behavior 260 (February, 2023) |
Objective: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g.,... |
2023 |
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Nan Li , Sascha Hein , Diana Quintana , Matthew Shelton , Elena L. Grigorenko |
RACIAL/ETHNIC DISPARITIES OF THE PACT IN PREDICTING RECIDIVISM AND COURT DISPOSITIONS FOR JUSTICE-INVOLVED YOUTH |
47 Law and Human Behavior 422 (June, 2023) |
Objective: Responding to the concern about racial/ethnic disparities (R/ED) in the use of risk assessment instruments (RAIs) in justice systems, previous research has overwhelmingly tested the extent to which RAI scores consistently predict recidivism across race and ethnicity (predictive bias). However, little is known about R/ED in the... |
2023 |
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Rachel F. Moran |
REFLECTING ON THE FOUNDATIONS OF LATINX CIVIL RIGHTS: LOOKING BACK AND LOOKING FORWARD |
10 Texas A&M Law Review 759 (Summer, 2023) |
I am grateful to Dean Kevin Johnson for his thoughtful and generous review of my scholarship on Latinx civil rights. Dean Johnson has been tremendously influential in the field, and he has led by example through his long tenure as dean at UC Davis School of Law. So his insightful assessment of my contributions is especially meaningful. Like all... |
2023 |
Yes |
Rebekah Diller , Mitali Nagrecha , Alicia Bannon |
REFLECTIONS ON FEES AND FINES AS STATEGRAFT |
98 New York University Law Review Online 262 (April, 2023) |
Introduction. 263 I. Fees and Fines as Illegal Stategraft. 269 II. The Complicated Corruption of Fees-and-Fines Regimes. 272 III. Advocacy Against Fees and Fines: Beyond Illegality. 277 Conclusion. 281 |
2023 |
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Christopher Terry |
REGULATORY PARALYSIS: THE ANSWER TO THE UNANSWERABLE QUESTION OF FCC MINORITY OWNERSHIP POLICY |
29 Michigan Technology Law Review 207 (Spring, 2023) |
For five decades, the Federal Communications Commission (FCC) has struggled to implement policies that promote minority ownership of broadcast stations. Four Prometheus decisions from the Third Circuit span a seventeen-year legal impasse that highlighted the agency's shortcomings on effective minority ownership policies. Now, after the Supreme... |
2023 |
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Beth Caldwell |
REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP |
98 Washington Law Review 787 (October, 2023) |
Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... |
2023 |
Yes |