AuthorTitleCitationSummaryYearKey Terms
Thalia González RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM 113 Journal of Criminal Law and Criminology 541 (Summer, 2023) A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... 2023  
Elizabeth Kukura RETHINKING THE INFRASTRUCTURE OF CHILDBIRTH 91 UMKC Law Review 497 (Spring, 2023) It is notoriously difficult to get the public--and the lawmakers who represent them--to be enthusiastic about infrastructure projects. Infrastructure is often invisible, at least until something goes wrong, making it harder to appreciate the benefits of investing in infrastructure until the water main bursts or the bridge becomes structurally... 2023  
Beth A. Colgan REVENUE, RACE, AND THE POTENTIAL UNINTENDED CONSEQUENCES OF TRAFFIC ENFORCEMENT REFORM 101 North Carolina Law Review 889 (May, 2023) In response to repeated and highly publicized killings of people at the hands of law enforcement during traffic stops, there is growing interest among distraught relatives, advocates, scholars, and lawmakers in traffic enforcement reform. These efforts have included shifts in the methods of enforcement--for example, the use of unarmed civilian... 2023  
Madeline Terlap REWORKING WOMEN'S WORK: LEGAL AND POLICY SOLUTIONS FOR ALLEVIATING POVERTY AMONG WORKING WOMEN 30 Georgetown Journal on Poverty Law and Policy 639 (Spring, 2023) Women, especially women of color, are more likely to live in poverty, work low-wage jobs, and are less likely to exit poverty through work. This Note explores the question of why working women are stuck in poverty and proposes work-related solutions to remedy poverty among women. First, this Note proposes three possible factors that contribute to... 2023  
Angela Onwuachi-Willig ROBERTS'S REVISIONS: A NARRATOLOGICAL READING OF THE AFFIRMATIVE ACTION CASES 137 Harvard Law Review 192 (November, 2023) In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are mere recitations of facts and legal principles applied to those facts; they are the end result of a contest between opposing sides that have brought the parties to an objective truth through a lawsuit. In these scholars' eyes,... 2023  
Ingrid Eagly SECOND CHANCES IN CRIMINAL AND IMMIGRATION LAW 98 Indiana Law Journal 977 (Spring, 2023) This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university... 2023  
Halley Townsend SECOND MIDDLE PASSAGE: HOW ANTI-ABORTION LAWS PERPETUATE STRUCTURES OF SLAVERY AND THE CASE FOR REPRODUCTIVE JUSTICE 25 University of Pennsylvania Journal of Constitutional Law 187 (March, 2023) To celebrate freedom and democracy while forgetting America's origins in a slavery economy is patriotism à la carte. In the 1850s, a slave woman named Celia was raped by her owner and forced to bear his children. The same situation is playing out in present-day abortion prohibition states thanks to the Supreme Court's decision in Dobbs v. Jackson... 2023  
Raúl Carrillo SEEING THROUGH MONEY: DEMOCRACY, DATA GOVERNANCE, AND THE DIGITAL DOLLAR 57 Georgia Law Review 1207 (7/12/2023) Today, financial institutions, technology companies, and government agencies constantly coordinate to collect data to share, sort, store, score, and sell. Moreover, banks and financial technology (fintech) companies channel nearly all payments between agencies and the public via thousands of different programs, increasingly collecting more data... 2023  
Nicolle Londoño-Rosado SILENCIO: THE HISPANIC/LATINO RETICENT APPROACH TO RACISM 17 Florida A & M University Law Review 161 (Spring, 2023) C1-2Table of Contents Introduction. 163 I. Racism Against Latinos. 165 A. Mexican-American War. 165 B. Latino Lynching. 166 II. Theoretical View On Latino Silence. 169 A. Educational Institutions. 169 B. Political Processes. 172 C. Media Coverage. 174 D. Assimilation. 176 E. Cultural Aspect. 179 III. The Study. 180 A. Findings. 181 Conclusion. 182 2023 Yes
Gabriel J. Chin SLAVE LAW, RACE LAW 94 University of Colorado Law Review 551 (Spring, 2023) Introduction. 551 I. Free Black People and Enslaved Persons. 558 II. Regulating All Non-White People. 564 Conclusion. 569 2023  
Victoria Kroeger SOCIAL CARE FOR CAREGIVERS: HOW WASHINGTON CAN GUARANTEE UNEMPLOYMENT INSURANCE FOR WORKING CAREGIVERS 21 Seattle Journal for Social Justice 391 (Winter, 2023) Caregivers are the backbone of society. Some formal caregivers make a living out of the work that they provide as employees of a day care or residential facility. But, most caregivers work informally, providing labor that is usually unpaid to ensure that the necessary emotional and physical needs of their loved ones are met. The people that... 2023  
Jennifer S. Fan STARTUP BIASES 56 U.C. Davis Law Review 1423 (April, 2023) This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First,... 2023  
Sonja Starr STATISTICAL DISCRIMINATION 58 Harvard Civil Rights-Civil Liberties Law Review 579 (Summer, 2023) The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care... 2023  
Michael Serota STRICT LIABILITY ABOLITION 98 New York University Law Review 112 (April, 2023) This Article reinvigorates the case for abolishing strict liability in the criminal law. Undertaking an intellectual history of mens rea policy, I spotlight two assumptions that have fueled strict liability's historic rise and current deprioritization in criminal justice reform. One assumption is that eliminating culpable mental states from... 2023  
David E. Bernstein STUDENTS FOR FAIR ADMISSIONS AND THE END OF RACIAL CLASSIFICATION AS WE KNOW IT 2023 Cato Supreme Court Review 143 (2022-2023) The Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) likely marks the beginning of the end of the overt use of race in university admissions. The Court's decision, however, has much broader implications. Harvard University and the University of North Carolina (UNC) classified... 2023  
Kevin R. Johnson TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE 67 Saint Louis University Law Journal 473 (Spring, 2023) This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... 2023  
Laura Moy TECH SUPPORT: WIRING TECHNOLOGY LAW CLINICS TO SERVE RACIAL JUSTICE 30 Clinical Law Review 205 (Fall, 2023) This essay explores the intersection between technology law, clinical pedagogy, and racial justice. Drawing from existing literature on clinics, social justice, racial justice, and technology, as well as from interviews and conversations with other technology law clinicians, the essay: 1) explains the racial and social justice dimensions of... 2023  
Etienne C. Toussaint THE ABOLITION OF FOOD OPPRESSION 111 Georgetown Law Journal 1043 (May, 2023) Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... 2023  
Joanna Dreby , Eric Macias THE AFTERMATH OF ENFORCEMENT EPISODES FOR THE CHILDREN OF IMMIGRANTS 57 Law and Society Review 103 (March, 2023) For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies... 2023  
Alexander A. Boni-Saenz THE AGE OF RACISM 100 Washington University Law Review 1583 (2023) This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... 2023  
Ankevia Taylor THE AMERICAN DREAM BELONGS TO ALL OF US: LATINOS AND JAMAICAN AMERICANS EXPERIENCE CULTURAL GENOCIDE BY AMERICAN ASSIMILATION 17 Florida A & M University Law Review 249 (Spring, 2023) C1-2Table of Contents Introduction. 251 I. The American Dream Belongs to All of Us. 253 A. The American Experiment. 253 B. America Thrives off Diversity but Mistreats Diverse Populations. 255 1. The Latino Immigration Experience. 256 2. The Jamaican Immigration Experience. 257 II. America Provides Inconsistent Efforts of Protection to Racialized... 2023 Yes
Gregory Briker THE ANATOMY OF SOCIAL MOVEMENT LITIGATION 132 Yale Law Journal 2304 (May, 2023) What do those seeking social change stand to gain or lose when they turn to litigation? Scholars of legal mobilization have addressed how litigation can shape social movements through its indirect effects, as going to court can unite, mobilize, or legitimize activists and their opponents. But these previous studies tend to disregard the nuts and... 2023  
Sarah Schindler, Kellen Zale THE ANTI-TENANCY DOCTRINE 171 University of Pennsylvania Law Review 267 (January, 2023) The law has failed tenants. A range of distinct legal doctrines, coupled with structural inequities, systematically disadvantage tenants in previously unrecognized ways. This Article identifies a new way of looking at this pattern of collective impediments to tenants' rights, wealth, and power, which we call the Anti-Tenancy Doctrine. This... 2023  
Michael Conklin , Angelo State University, San Angelo, TX, USA, Email: THE CASE AGAINST RACE-BASED QUOTAS IN PHARMACEUTICAL TRIALS 49 American Journal of Law & Medicine 1 (2023) This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining... 2023  
Tom I. Romero, II THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW 94 University of Colorado Law Review 449 (Spring, 2023) I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... 2023  
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023  
Verónica C. Gonzales-Zamora THE COVID CEILING 39 Chicana/o-Latina/o Law Review 105 (2023) Throughout the pandemic, Mother-Scholars, one of many types of super-moms, have persisted despite the burdens of gender inequity in academia and the challenges of bearing the bulk of the domestic duties at home. The deep networks of help and social capital, referred to as familismo in Latina/x/o parenting discourse, that have historically helped... 2023 Yes
LaToya Baldwin Clark THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS 132 Yale Law Journal 2139 (May, 2023) In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... 2023  
Shirin Bakhshay THE DISSOCIATIVE THEORY OF PUNISHMENT 111 Georgetown Law Journal 1251 (June, 2023) The American public has complex views on criminal punishment. They are driven primarily by retributive motivations. But they have other justice considerations, such as restoration and rehabilitation, that can be activated in different ways. Laypersons are also motivated to psychologically distance and dissociate from those they perceive to be... 2023  
Laila L. Hlass , Rachel Leya Davidson , Austin Kocher THE DOUBLE EXCLUSION OF IMMIGRANT YOUTH 111 Georgetown Law Journal 1407 (June, 2023) Congress created Special Immigrant Juvenile Status (SIJS) in 1990 to protect vulnerable children from deportation by providing a pathway to lawful permanent residency and citizenship. Although relatively few immigrant children applied for SIJS in the early years of the program, the number of SIJS petitions grew significantly over the past decade.... 2023  
Anna Arons THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM 100 Washington University Law Review 1057 (2023) Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... 2023  
Stephanie Bornstein THE ENFORCEMENT VALUE OF DISCLOSURE 72 Duke Law Journal 1771 (May, 2023) Information disclosures often nudge consumers to make better choices--for example, when manufacturers include nutrition labels on food packaging or fuel economy standards on cars. Yet having to disclose can have a nudge effect on the disclosing entity, too--for example, by incentivizing a manufacturer to make healthier food or more fuel-efficient... 2023  
Erik J. Girvan, Heather Marek, School of Law, University of Oregon THE EYE OF THE BEHOLDER: INCREASED LIKELIHOOD OF PRISON SENTENCES FOR PEOPLE PERCEIVED TO HAVE HISPANIC ETHNICITY 47 Law and Human Behavior 182 (February, 2023) Objectives: Hispanic individuals are a growing proportion of the general and carceral populations in the United States. This study examined the relationship between the type of sentences (prison, jail/probation) given to White, non-Hispanic individuals and to similarly situated individuals who were perceived to be Hispanic (any race) or perceived... 2023 Yes
Kathryn L. Cantu THE EYES OF TEXAS ARE UPON YOU: WILL AFFIRMATIVE ACTION IN TEXAS SURVIVE ITS ENDLESS CONSTITUTIONAL AND LEGISLATIVE ATTACKS? 25 Scholar: St. Mary's Law Review on Race and Social Justice 11 (2023) Introduction. 12 I. History. 17 A. Affirmative Action in the Supreme Court. 17 B. The Texas Top Ten Percent Rule. 25 II. Analysis. 32 A. The Supreme Court's Mandates on Universities are Burdensome. 32 B. Citizen Opponents to Affirmative Action are Gathering Momentum.. 36 C. The Top Ten Percent Rule Was Not Really Considered by the Supreme Court..... 2023  
Paul J. Larkin , GianCarlo Canaparo THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 18 Liberty University Law Review 1 (Fall, 2023) Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... 2023  
Itay Ravid , Jonathan Zandberg THE FUTURE OF ROE AND THE GENDER PAY GAP: AN EMPIRICAL ASSESSMENT 98 Indiana Law Journal 1089 (Spring, 2023) In Dobbs v. Jackson Women's Health Organization, the Supreme Court upheld a Mississippi law that prohibits nearly all abortions after the fifteenth week of pregnancy and overruled the holding in Roe v. Wade. Among the many arguments raised in Dobbs in an attempt to overturn Roe, the State of Mississippi argued that due to the march of progress in... 2023  
Nasrin Camilla Akbari THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM 98 New York University Law Review 198 (April, 2023) In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... 2023 Yes
Berta Esperanza Hernández-Truyol THE HUMAN ENVIRONMENT: AWAKENING TO THE INDOMITABLE CUBAN SPIRIT-- GOVERNMENT, CULTURE, AND PEOPLE 17 FIU Law Review 563 (Spring, 2023) I. Introduction. 563 II. Government. 566 III. Culture. 580 A. Race. 583 B. Sex/Gender. 589 C. LGBTQ. 591 IV. The Cuban People/La Gente Cubana. 594 V. Conclusion. 606 2023  
Logan Ewanation, Evelyn M. Maeder, Institute of Criminology and Criminal Justice, Carleton University THE INFLUENCE OF RACE ON JURORS' PERCEPTIONS OF LETHAL POLICE USE OF FORCE 47 Law and Human Behavior 53 (February, 2023) Objective: Many highly publicized police use-of-force encounters have recently occurred in the United States. This project primarily explored whether officer, juror, or victim race affects verdicts in trials involving police use of force. Hypotheses: Because of recent conflicting research surrounding race and juror decision-making, we conducted an... 2023  
Zoë Robinson, Stephen Rushin THE LAW ENFORCEMENT LOBBY 107 Minnesota Law Review 1965 (May, 2023) Introduction. 1966 I. Power in the Criminal Justice System. 1975 II. Capture in the Criminal Justice System: The Law Enforcement Lobby. 1983 A. Law Enforcement Institutions as Lobbyists. 1983 B. The Rise of the Law Enforcement Lobby. 1985 1. Police Unions. 1987 2. Prosecutorial Lobbyists. 1999 3. Correctional Officer Unions. 2005 III. The Costs of... 2023  
Vinay Harpalani THE NEED FOR AN ASIAN AMERICAN SUPREME COURT JUSTICE 137 Harvard Law Review Forum 23 (November, 2023) In her insightful Comment on Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (hereinafter SFFA cases), Dean Angela Onwuachi-Willig critiques Chief Justice Roberts's majority opinion for its simplistic understanding of race and racism. She... 2023  
Yotam Kaplan THE OTHER VIEW OF THE CATHEDRAL 82 Maryland Law Review 479 (2023) In their celebrated article, now simply known as The Cathedral, Guido Calabresi and Douglas Melamed laid out the choice between property rules and liability rules. The rich and sophisticated literature that followed added multiple new ways to view this basic choice and highlighted the advantages of liability rules. The current Article adds a new... 2023  
Sarah Mikva Pfander THE PATH TO MUNICIPAL LIABILITY FOR RACIALLY DISCRIMINATORY POLICING 69 UCLA Law Review 1270 (January, 2023) Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic... 2023  
Wilfred U. Codrington III THE PHANTASM OF PRINCIPLE 111 Kentucky Law Journal 651 (2022-2023) Table of Contents. 651 Abstract. 652 Introduction. 652 I. Some Musings on the First Ghost: Last Minute Rule Changes. 654 II. On the Ghost of Multiple Opinions: A Dissenting View. 663 III. The Phantasm of Principle (and a Cautious Glimmer of Hope?). 681 Conclusion. 691 2023  
John F. Pfaff THE POOR REFORM PROSECUTOR: SO FAR FROM THE STATE CAPITAL, SO CLOSE TO THE SUBURBS 50 Fordham Urban Law Journal 1013 (May, 2023) Poor Mexico: So Far from God, So Close to the United States. --Former Mexican President Porfirio Diaz Introduction. 1013 I. The Rise of the Reform Prosecutor. 1018 II. So Close to the Suburbs. 1028 III. So Far From the State Capital. 1040 Conclusion. 1047 One of the most significant developments in the criminal legal system over the past decade... 2023  
Myranda Sandberg THE PRESUMPTION OF WEALTHINESS: HOW THE CURRENT BAIL SYSTEM IN MINNESOTA IS PROBLEMATICALLY CLASSIST 49 Mitchell Hamline Law Review 57 (February, 2023) I. Introduction. 58 II. History. 59 A. Historical Roots of Bail. 59 1. Anglo Saxon/English Roots. 59 2. Norman Invasion. 60 3. King Edward I and the Statute of Westminster. 60 4. Bail in The United States. 61 B. Bail Reforms. 62 1. First Generation Bail Reform. 62 2. Second Generation Bail Reform and Salerno. 64 3. Current Generation Bail Reform.... 2023  
Shelby Hunter , Lauren E. Kois , Ashley T. Peck , Eric B. Elbogen , Casey LaDuke THE PREVALENCE OF TRAUMATIC BRAIN INJURY (TBI) AMONG PEOPLE IMPACTED BY THE CRIMINAL LEGAL SYSTEM: AN UPDATED META-ANALYSIS AND SUBGROUP ANALYSES 47 Law and Human Behavior 539 (October, 2023) Objective: Traumatic brain injury (TBI) is a significant public health concern and has implications for people directly impacted by the criminal legal system during arrest, conviction, incarceration, and community supervision. This meta-analysis estimated the lifetime prevalence of TBI among people supervised by the criminal legal system across... 2023  
Rory Van Loo THE PUBLIC STAKES OF CONSUMER LAW: THE ENVIRONMENT, THE ECONOMY, HEALTH, DISINFORMATION, AND BEYOND 107 Minnesota Law Review 2039 (May, 2023) Introduction. 2040 I. The Importance of Consumer Law. 2050 A. Climate Change. 2052 B. Health Threats. 2057 C. The Economy, Inequality, and Inflation. 2063 D. Democracy and Disinformation. 2068 E. Summary of Consumer Law's Importance. 2071 II. The Marginalization of Consumer Law. 2073 A. Government. 2074 1. Congressional Committees. 2075 2. The... 2023  
Madalyn K. Wasilczuk THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE 111 Georgetown Law Journal 1125 (May, 2023) C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... 2023  
Ingrid V. Eagly THE RACISM OF IMMIGRATION CRIME PROSECUTION 109 Iowa Law Review Online 27 (2023) ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... 2023  
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