| Author | Title | Citation | Summary | Year | Key Terms |
| Taylor Elyse Mills |
INTERSECTIONALLY-INFORMED ADVOCACY: A STRUCTURAL JUSTICE ACCOUNT OF WRONGFUL CONVICTIONS FOR SEXUAL VIOLENCE |
31 UCLA Journal of Gender & Law 221 (Summer, 2024) |
C1-2Table of Contents Introduction. 222 I. Defining the Scope of the Problem. 225 II. Racial Discrimination Against Men of Color In Sexual Violence Cases. 227 A. A History of Racial Discrimination. 228 B. Structural Racism at Each Stage of the Criminal Justice System. 230 1. Eyewitnesses. 231 2. Police Officer Conduct. 231 3. Other Actors: Juries,... |
2024 |
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| Jordan M. Hyatt , Nathan W. Link , Kathleen Powell , Steven L. Chanenson |
INTO THE WEEDS: CONSIDERING SUPPORT FOR AND THE INTRICACIES OF CANNABIS LEGALIZATION IN NEW JERSEY |
21 Ohio State Journal of Criminal Law 205 (September, 2024) |
Despite widespread political polarization regarding many social issues, often including drug policy, some form of marijuana legalization has become a reality in most American states. This is consistent with broad public support, as is often reflected in public opinion polling. However, support for these general legalization efforts may mask complex... |
2024 |
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| Daniel I. Morales , Orly Golub |
INTRODUCTION |
61 Houston Law Review 709 (Symposium 2024) |
The United States may be the world's oldest democracy, but the franchise, along with citizenship, has long been restricted along lines of race, ethnicity, and sex. Since the arrival of European settlers to North America at scale in the sixteenth century, our democratic institutions, from town hall meetings to colonial, state, and federal... |
2024 |
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| Kathleen Conn, Ph.D., J.D., LL.M. |
KEEPING SECRETS FROM PARENTS: PART OF GROWING UP AS A NEW TRANS YOU? |
425 West's Education Law Reporter 555 (9/12/2024) |
Controversial issues involving transgender students in America's K-12 public schools are numerous and take various forms. For example, transgender student issues, arguably more or less significant, include the school's records of the student's birth sex and adopting (or non-adopting) changes thereto, the dead-naming of the trans students in... |
2024 |
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| Emma-Lee Rivet |
KNOCKOFF NARCOTICS: THE U.S. SENTENCING GUIDELINES AND UNJUST ELEVATED SENTENCES |
46 Western New England Law Review 147 (2024) |
In the complicated and technical world of federal drug policy, courts are presented with an ambiguity that requires the court to decide: should a technical definition from other legislation in the area be applied, or should it instead be the dictionary definition supplied by Merriam-Webster? The Tenth Circuit, in United States v. Thomas, was faced... |
2024 |
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| Dewi Carolina Zamora Mendoza |
LA RELACIÓN ENTRE LA DISCRIMINACIÓN RACIAL Y LOS DERECHOS HUMANOS EN EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS: ESTÁNDARES ESTABLECIDOS VINCULADOS AL PRINCIPIO DE IGUALDAD Y NO DISCRIMINACIÓN |
39 American University International Law Review 547 (2024) |
I. INTRODUCCIÓN. 548 II. ALCANCES DEL PRINCIPIO DE IGUALDAD Y NO DISCRIMINACIÓN. 552 III. ESTÁNDARES DE ACUERDO CON LOS INSTRUMENTOS DEL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS. 555 A. Declaración Americana de los Derechos y Deberes del Hombre. 555 B. Convención Americana sobre Derechos Humanos. 557 C. Convención Interamericana contra el... |
2024 |
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| Emmanuel Mauleón |
LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY |
112 California Law Review 755 (June, 2024) |
The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... |
2024 |
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| Abel Rodríguez |
LETHAL IMMIGRATION ENFORCEMENT |
109 Cornell Law Review 465 (January, 2024) |
Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clintonera policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths... |
2024 |
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| Prithika Balakrishnan |
MASS SURVEILLANCE AS RACIALIZED CONTROL |
71 UCLA Law Review 478 (July, 2024) |
Incarceration has become the norm for those who assert their innocence. A staggering number of defendants are incarcerated prior to the adjudication of their cases--a reality that has become a central paradox of an American criminal justice system which holds axiomatic the presumption of innocence. Recent attempts to address pretrial mass... |
2024 |
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| Kendall L. Fujioka, J.D., David S. Knight, Ph.D. |
MCCLEARY AT TWELVE: EXAMINING POLICY DESIGNS FOLLOWING COURT-MANDATED SCHOOL FINANCE REFORM IN WASHINGTON STATE |
423 West's Education Law Reporter 1 (7/4/2024) |
Fifty years of school finance litigation demonstrate that judicial intervention may offer an effective mechanism to precipitate policies that increase funding for K-12 districts and advance educational justice for students. In 2012, Washington's highest court decided McCleary v. State and found the Legislature in violation of its paramount duty .... |
2024 |
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| Office of Research and Data, Office of General Counsel, United States Sentencing Commission |
MEMORANDUM: RETROACTIVITY IMPACT ANALYSIS OF PARTS A AND B OF THE 2023 CRIMINAL HISTORY AMENDMENT |
2024 Federal Sentencing Reporter 1072131 (2/1/2024) |
May 15, 2023 Note: To view the Appendices, see the full report at https://www.ussc.gov/sites/default/files/pdf/research-andpublications/retroactivityanalyses/2023-criminalhistory-amendment/202305-Crim-Hist-Amdt-Retro.pdf To: Chair Reeves Commissioners Ken Cohen, Staff Director From: Office of Research and Data Office of General Counsel United... |
2024 |
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| Margaret E. Montoya |
MEMORIES OF AN AFFIRMATIVE ACTION ACTIVIST |
47 Seattle University Law Review 1029 (Spring, 2024) |
C1-2Contents I. Autobiography as Historic Frame & Rationale for Educational Access Through an Expansive Affirmative Action. 1031 II. SALT and Affirmative Action Activism in Law Schools. 1039 III. The Slim But Cruel Vestige of Affirmative Action That Survives: The Military Exception in SFFA. 1047 IV. Affirmative Action in Medicine, Rebutting Justice... |
2024 |
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| Kevin R. Johnson |
MICHAEL OLIVAS'S FIGHT FOR CIVIL RIGHTS FOR ALL |
61 Houston Law Review 933 (Spring, 2024) |
Professor Michael Olivas sought to bring much-needed attention to Hernandez v. Texas (1954), a U.S. Supreme Court decision that for the first time in U.S. history held that the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution protects Mexican Americans from discrimination. My contribution to this tribute celebrating... |
2024 |
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| Paul J. Larkin , Charles D. Stimson , Thomas W. Spoehr |
MILITARY NECESSITY AND RACIAL DISCRIMINATION |
22 Georgetown Journal of Law & Public Policy 547 (Summer, 2024) |
C1-3Table of Contents L1-2Introduction . L3548 I. The Military Service Academies' Admissions Policies. 552 A. The Federal Service Academies. 552 B. Oversight and Admissions. 555 C. Nominations and Appointments to Military Academies. 556 D. Admission to the USCGA and USMMA. 559 E. Additional Rules Requiring Race as a Consideration. 560 II. The... |
2024 |
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| Angela Onwuachi-Willig |
MOVING BEYOND STATEMENTS AND GOOD INTENTIONS IN U.S. LAW SCHOOLS |
75 Alabama Law Review 691 (2024) |
Introduction. 692 I. The Challenges to Becoming Antiracist Institutions. 699 II. Building the Pathway to Antiracist Lawyering. 709 Conclusion. 714 |
2024 |
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| Harvey Gee |
MOVING FORWARD TOGETHER: ASIAN AMERICANS AND ALLYSHIP IN A NON-BLACK-AND-WHITE AMERICA |
58 University of San Francisco Law Review 172 (2024) |
Last term, the U.S. Supreme Court overturned four decades of precedent when it effectively ended the use of affirmative action in the historical decision Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA v. Harvard). A 6-3 conservative supermajority held that the admissions programs used by Harvard College and the... |
2024 |
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| Sarah Schindler, Kellen Zale |
NEIGHBORS WITHOUT NOTICE: THE UNEQUAL TREATMENT OF TENANTS AND HOMEOWNERS IN LAND USE HEARING PROCEDURES |
59 Harvard Civil Rights-Civil Liberties Law Review 339 (Spring, 2024) |
Recent empirical work has suggested that the people who show up at land use hearings tend to be whiter, wealthier, older, and more likely to be homeowners than the surrounding community. They also are more opposed to new housing construction in their communities. Thus, the views of these groups are amplified and the outsized opposition to new... |
2024 |
|
| Nino C. Monea |
NEXT ON THE CHOPPING BLOCK: THE LITIGATION CAMPAIGN AGAINST RACE-CONSCIOUS POLICIES BEYOND AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS |
33 Boston University Public Interest Law Journal 1 (Winter, 2024) |
Abstract. 4 Introduction. 4 I. The Legal Landscape. 6 A. University Admissions Precedent. 6 B. Other Affirmative Action Precedent. 8 C. Major Anti-Discrimination Laws. 8 D. The Plaintiffs. 10 II. Common Contested Issues in Affirmative Action Litigation. 14 A. Standing. 14 1. Injury. 14 2. Redressability. 16 3. Ripeness. 17 4. Mootness. 18 B.... |
2024 |
|
| Francine J. Lipman |
NOT TAXING PUERTO RICO: WHITEWASHING IMPOVERISHMENT IN UNITED STATES v. VAELLO MADERO |
77 Tax Lawyer 357 (Winter, 2024) |
Puerto Rico is a lush archipelago located between the Caribbean Sea and the North Atlantic Ocean. More than three million U.S. citizens with diverse racial and ethnic histories and cultures live on the islands. But life for Puerto Ricans has been challenging with high rates of impoverishment, disability, unemployment, and devastating natural... |
2024 |
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| Mark Edward Blankenship, Jr. |
OLI LONDON IN THE WORKPLACE: TRANSRACIAL IDENTITY AND EMPLOYMENT DISCRIMINATION IN THE POST-BOSTOCK ERA |
38 ABA Journal of Labor & Employment Law 195 (2024) |
As the concept of identity becomes more fluid, the debate as to whether race is comparable to sex and gender has taken on new significance. Recently, the numerous company sponsorships for transgender social media influencer Dylan Mulvaney sparked controversy from many people who lean to the conversative side of politics. For instance, many notable... |
2024 |
|
| Nina Varsava |
OPINION AUTHORSHIP AND PRECEDENTIAL STATUS |
101 Washington University Law Review 1593 (2024) |
This Article presents original results from a large-scale empirical study of the relationship between opinion publication and judge demographics at the federal courts of appeals, focusing on gender and race. Opinion publication is significant because published federal appellate opinions, in contrast to unpublished ones, represent binding precedent... |
2024 |
|
| Jennifer Meleana Hee |
OUR BODIES, OUR PRICE: ACCEPTING COMMODIFICATION AND RACIAL CATEGORIZATION IN ASSISTED REPRODUCTIVE TECHNOLOGY |
39 Berkeley Journal of Gender, Law & Justice 56 (2024) |
I. Introduction. 56 A. Assisted Reproductive Technologies. 60 II. Social Justice Issues in the Fertility Industry. 63 III. Donor Compensation Structure. 65 IV. Current Landscape of Race and ART. 74 V. Racial Selection in ART. 79 VI. Diversifying the Egg Market. 84 VI. Conclusion. 89 |
2024 |
|
| Robert S. Chang |
OUR CONSTITUTION HAS NEVER BEEN COLORBLIND |
54 Seton Hall Law Review 1307 (2024) |
This Article takes a contrarian approach to the first Justice Harlan's famous phrase from his dissent in Plessy v. Ferguson, [o]ur Constitution is color-blind, to argue not only that the Constitution has never been colorblind, but also that racial realism counsels against falling for the siren call of constitutional colorblindness. This Article... |
2024 |
|
| James W. Ganas |
PAYGO FOR CRIMINAL SENTENCING: POLITICAL INCENTIVES AND PROCESS REFORM |
99 New York University Law Review 320 (April, 2024) |
The American criminal justice system is exceptional, characterized by uniquely high sentences and uniquely large numbers of incarcerated individuals. This regime is perpetuated by a political system that fetishizes Americans' short-term pushes for increased punitiveness when crime rates increase. Drawing on political process and representation... |
2024 |
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| Roland Neil , Joscha Legewie |
POLICING NEIGHBORHOOD BOUNDARIES AND THE RACIALIZED SOCIAL CONTROL OF SPACES |
58 Law and Society Review 192 (June, 2024) |
(Received 17 October 2022; revised 11 July 2023; accepted 12 October 2023) Prior scholarship has established that controlling space is central to policing, while highlighting various ways in which this form of social control can be racialized. Extending this work, we advance a theory on the racialized control of space that predicts a higher level... |
2024 |
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| David Gartner, Arizona State University, Washington D.C., USA, Email: David.Gartner@asu.edu |
PREVENTIVE CARE AND HEALTH EQUITY: THE EDUCATIONAL DIVIDE |
50 American Journal of Law & Medicine 121 (2024) |
The preventive services at the center of Braidwood Management, Inc. v. Becerra contribute to reducing inequities in life expectancy in the United States. Critical preventive are currently fully covered by insurance as preventive care under the Affordable Care Act. Reducing affordable access to such screenings and medicines is most likely to impact... |
2024 |
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| Emily R. Edwards , Gabriella Epshteyn , Caroline K. Diehl , Danny Ruiz , Brettland Coolidge , Nicole H. Weiss , Lynda Stein |
PRISON OR TREATMENT? GENDER, RACIAL, AND ETHNIC INEQUITIES IN MENTAL HEALTH CARE UTILIZATION AND CRIMINAL JUSTICE HISTORY AMONG INCARCERATED PERSONS WITH BORDERLINE AND ANTISOCIAL PERSONALITY DISORDERS |
48 Law and Human Behavior 104 (April, 2024) |
Objective: Borderline and antisocial personality disorders are characterized by pervasive psychosocial impairment, disproportionate criminal justice involvement, and high mental health care utilization. Although some evidence suggests that systemic bias may contribute to demographic inequities in criminal justice and mental health care among... |
2024 |
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| Adriana Hardwicke |
PROPOSITION 209 AND THE HIDDEN DIVERSITY ECOSYSTEM: THE AFTERMATH OF CALIFORNIA'S AFFIRMATIVE ACTION BAN |
112 California Law Review 1827 (October, 2024) |
Following the Supreme Court's decision in Students for Fair Admissions declaring the consideration of race in university admissions unconstitutional, institutions of higher education across the country are looking to the University of California (UC) for guidance on how to proceed. A quarter of a century after becoming the first state to ban... |
2024 |
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| |
PROSECUTORIAL DISCRETION |
53 Georgetown Law Journal Annual Review of Criminal Procedure 257 (2024) |
The government has broad discretion to initiate and conduct criminal prosecutions because of the separation of powers doctrine and because prosecutorial decisions are particularly ill-suited to judicial review. As long as there is probable cause to believe the accused has committed an offense, the decision to prosecute is within the prosecutor's... |
2024 |
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| Donald Braman , Jared Fishman , Lily Grier , Kevin Himberger , Jarvis Idowu , J.J. Naddeo , Rory Pulvino , Jess Sorensen , Joanie Weaver |
PROSECUTORS IN THE PASSING LANE: RACIAL DISPARITIES, PUBLIC SAFETY, AND PROSECUTORIAL DECLINATIONS OF PRETEXTUAL STOPS |
61 San Diego Law Review 87 (February-March, 2024) |
C1-2Table of Contents Abstract. 88 I. Introduction. 89 II. The Rise of Pretextual Stops. 92 A. Pretextual Stops' Troubled History. 92 1. Modern Racial Politics and the Rise of Pretextual Stops. 93 2. Federal Support for Pretextual Stops. 95 3. Aggressive Order Maintenance Theories Legitimize Pretextual Policing. 98 4. The Supreme Court's... |
2024 |
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| Emily Buss |
PROTECTING CHILDREN'S ACCESS TO A SOUND BASIC EDUCATION IN THE AGE OF POLITICAL POLARIZATION, A COMMENT ON GOODWIN LIU AND KRISTINE BOWMAN'S ESSAYS ON CHILDREN'S EDUCATION IN THE RESTATEMENT |
91 University of Chicago Law Review 449 (March, 2024) |
Justice Goodwin Liu and Professor Kristine Bowman have taken two very different approaches in their essays commenting on the Restatement's coverage of the law governing children's education. In Some Thoughts on a Developmental Approach to a Sound Basic Education, Justice Liu focuses near exclusively on the Restatement's articulation of the core... |
2024 |
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| Rianna Jha |
PULLING OUT ALL THE STOPS: LIMITING PRETEXTUAL POLICING THROUGH PROSECUTORIAL DISCRETION |
61 American Criminal Law Review 1349 (Fall, 2024) |
Pretextual stops are a common and constitutionally-sanctioned policing practice, deployed when an officer ostensibly detains a motorist for a traffic violation but actually intends to pursue other investigatory agendas. Because pretexts enable law enforcement to conduct investigatory stops without probable cause, they can conceal improper motives... |
2024 |
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| Ming H. Chen |
RACE AND REGULATORY EQUITY |
22 Georgetown Journal of Law & Public Policy 395 (Summer, 2024) |
C1-3Table of Contents L1-2Introduction . L3395 I. Legal Background on Race and Regulatory Equity in Higher Education. 397 II. Scope of Regulatory Reform. 398 A. Conservative Legal Theorists. 398 B. Neo-Liberal Legal Theorists. 399 C. Progressive (Non-Reformist) Reforms. 403 III. Progressive, Neo-liberal, and Conservative Approaches to Legacy... |
2024 |
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| Khiara M. Bridges |
RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI |
110 Virginia Law Review 243 (April, 2024) |
What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... |
2024 |
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| Henry Korman |
RACE, HOMEOWNERSHIP, SPECIAL PURPOSE CREDIT PROGRAMS, AND AFFIRMATIVELY FURTHERING FAIR HOUSING |
32 Journal of Affordable Housing & Community Development Law 349 (2024) |
C1-3Table of Contents A. Introduction. 349 B. Homes for Equity. 352 C. Homeownership and Restorative Racial Justice. 356 D. Special Purpose Credit Programs. 360 E. Reverse Discrimination, and Affirmative Action. 363 F. How the SPCP Written Plan Aligns with Civil Rights. 365 1. The Compelling or Substantial Interest. 366 2. Narrow Tailoring. 368 G.... |
2024 |
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| Aimee Briel Clesi, Michael L. Radelet, Rhodes Scholar, Balliol College, University of Oxford, Professor Emeritus, Institute of Behavioral Science, University of Colorado |
RACE, POLITICS, AND REDEMPTION: AN INVESTIGATION INTO VIRGINIA'S DEATH PENALTY REPEAL |
25 Loyola Journal of Public Interest Law 1 (Spring, 2024) |
Forthcoming, Journal of Public Interest Law (Loyola University Law School, New Orleans) Presented at a Symposium organized by Loyola Journal of Public Interest Law (Kristian A. Caruso, Articles Editor), New Orleans, March 22, 2024. This Article is a revised and expanded version of Aimee Briel Clesi, Rallying Lawmakers in the American South: An... |
2024 |
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| Perry Moriearty , Kat Albrecht , Caitlin Glass |
RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER |
51 Fordham Urban Law Journal 675 (March, 2024) |
Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... |
2024 |
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| David E. Bernstein |
RACIAL "BOX-CHECKING" AND THE ADMINISTRATIVE STATE |
22 Georgetown Journal of Law & Public Policy 377 (Summer, 2024) |
Americans have grown accustomed to checking ethnic and racial boxes when applying for colleges, requesting a mortgage, filling out medical paperwork, and more. Where do these boxes come from?, Justice Gorsuch asked in his concurring opinion in Students for Fair Admissions. Bureaucrats. A federal interagency commission devised this scheme of... |
2024 |
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| Ian Ayres , Sonia Qin , Pranjal Drall |
RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT |
21 UC Law Journal of Race and Economic Justice 183 (June, 2024) |
In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... |
2024 |
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| David E. Bernstein |
RACIAL CLASSIFICATIONS IN HIGHER EDUCATION ADMISSIONS BEFORE AND AFTER SFFA |
77 SMU Law Review 263 (Winter, 2024) |
Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the implicit assumption that the racial classifications used in these programs are legitimate and uncontroversial (an assumption I challenge in my 2022 book, Classified: The Untold Story of Racial Classifications In America).... |
2024 |
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| Atinuke O. Adediran |
RACIAL TARGETS |
118 Northwestern University Law Review 1455 (2024) |
Abstract--It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020's racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as racial targets. The Article addresses this phenomenon... |
2024 |
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| Charis E. Kubrin, Kyle Winnen, Rebecca Rogers , University of California, Irvine, University of California, Irvine |
RAP RHYME, PRISON TIME: HOW PROSECUTORS USE RAP EVIDENCE IN GANG CASES |
27 Chapman Law Review 369 (Spring, 2024) |
Introduction. 369 I. Gangs in the Criminal Justice System. 371 A. Injunctions, Prosecutions, and Enhancements. 374 II. Rap on Trial, Convictions, and Enhancements in Gang Cases. 376 III. The Rap-Gang Intersection: A Call for Greater Nuance. 383 A. Origins and History. 383 B. Artistic Conventions and Practices. 387 C. Cyber Banging. 391 D.... |
2024 |
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| Lindsay Sain Jones , Goldburn Maynard Jr. |
REBOOTING THE COMMUNITY REINVESTMENT ACT |
61 American Business Law Journal 167 (Fall, 2024) |
The Community Reinvestment Act (CRA) was passed in 1977 as a response to redlining, the systemic discrimination against loan applicants who resided in predominantly Black neighborhoods. In enacting the CRA, Congress found that banks have a continuing and affirmative obligation to help meet the credit needs of the communities in which they are... |
2024 |
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| Nathan S. Kemper , Marie L. Reilly , Naomi J. Freeman , Jeffrey C. Sandler |
REEXAMINING PREDICTORS OF TRIAL OUTCOMES IN NEW YORK STATE'S SEX OFFENDER CIVIL MANAGEMENT PROCESS |
48 Law and Human Behavior 67 (February, 2024) |
Objective: In 2007, New York enacted the Sex Offender Management and Treatment Act, empowering the state to civilly manage individuals who have committed sexual offenses (respondents) and are deemed to have a mental abnormality (MA) that predisposes them to sexually recidivate after serving their criminal sentences. We sought to replicate and... |
2024 |
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| Martin YC Kwan |
REGIONAL DISCRIMINATION AS A QUASI-FORM OF RACIAL DISCRIMINATION: COMPARING THE PROTECTION UNDER ANGLO-AMERICAN, INTERNATIONAL AND CHINESE LAWS |
39 American University International Law Review 485 (2024) |
I. INTRODUCTION. 486 II. REGIONAL DISCRIMINATION. 487 A. The Lack of Protection in the U.S.. 487 B. There Is Also No Protection in the U.K.. 491 C. International Human Rights Law Is No Better: The Limited Notion of Social Origin. 492 1. The Emerging International Academic Focus on Classism. 494 III. THE OVERLAP WITH RACIAL DISCRIMINATION. 496 A.... |
2024 |
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| Stephanie Holmes Didwania |
REGRESSIVE WHITE-COLLAR CRIME |
97 Southern California Law Review 299 (February, 2024) |
Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called white-collar prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the... |
2024 |
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| Anna Offit |
REIMAGINING THE INCLUSIVE JURY |
57 U.C. Davis Law Review 2691 (April, 2024) |
At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable-- even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this... |
2024 |
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| Jordan Blair Woods |
REIMAGINING TRAFFIC FINES AND FEES |
14 UC Irvine Law Review 936 (September, 2024) |
Traffic tickets can be big business for government. Every year, traffic tickets generate hundreds of millions, if not billions, of dollars in revenue for state and local governments nationwide. That revenue is then allocated to support a wide variety of government programs, some of which have nothing to do with traffic violations. The burdens of... |
2024 |
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| Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
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| Laura T. Kessler |
REPRODUCTIVE JUSTICE AT WORK: EMPLOYMENT LAW AFTER DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION |
109 Cornell Law Review 1447 (September, 2024) |
Introduction. 1448 I. Reproductive Justice at Work: The Sociomedical and Legal Landscape. 1458 A. The Health, Social, and Economic Impacts of Abortion, Infertility, and Miscarriage (Post-Dobbs). 1458 1. Abortion. 1459 2. Infertility. 1464 3. Miscarriage. 1468 4. The Blurry Lines Between Abortion, Infertility, and Miscarriage. 1472 B. Federal... |
2024 |
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