AuthorTitleCitationSummaryYearKey Term in Title or Summary
Phillip Atiba Goff , Kim Shayo Buchanan A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE 76 New York University Annual Survey of American Law 375 (2021) Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... 2021  
Aglae Eufracio A HUMAN RIGHTS CRISIS UNDER OUR ROOF 23 Scholar: St. Mary's Law Review on Race and Social Justice 201 (2021) Introduction. 201 I. Nicaragua: Daniel Ortega Seized a Country. 205 II. Guinea: A Young Country Without Peace. 212 III. United States of America: A Country That Can't Breathe. 220 Conclusion. 232 2021  
Taleed El-Sabawi , Jennifer J. Carrolla A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE 94 Temple Law Review 1 (Fall, 2021) Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... 2021  
Caroline M. Gelinne A TRIP DOWN LEGISLATIVE MEMORY LANE: HOW THE FMLA CHARTS A PATH FOR POST-COVID-19 PAID LEAVE REFORM 62 Boston College Law Review 2515 (October, 2021) Before the COVID-19 pandemic, the United States was the only highly-developed nation in the world not to guarantee paid family and medical leave (PFML) for its citizens. In 2020, during the early days of the pandemic, Congress passed temporary PFML to alleviate the hardship on families forced to choose between health and a paycheck. That... 2021  
Lisa Kelly ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE 17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... 2021  
Rory Svoboda ADDRESSING RACIAL DISPARITIES IN TREATMENT FOR OPIOID USE DISORDER ON CHICAGO'S WEST SIDE 30 Annals of Health Law Advance Directive 279 (Spring, 2021) The opioid epidemic began in the 1990s and has since persisted with ferocity, wreaking havoc across the nation. Opioids are a class of drugs used to treat pain and can come in the form of prescription opioids, fentanyl, or heroin. Millions of Americans have felt the devastating effects of addiction to these drugs with white people, specifically... 2021  
Nicolás Quaid Galván ADOPTING THE CUMULATIVE HARM FRAMEWORK TO ADDRESS SECOND-GENERATION DISCRIMINATION 11 Columbia Journal of Race and Law 147 (January, 2021) Analytical frameworks of constitutional review vary. One framework is the cumulative harm framework. This method examines the entirety of harm experienced by an individual to determine whether the harms rise to the level of a constitutional violation. For example, in the context of one's right to a fair trial, a reviewing court will aggregate the... 2021  
Jim Hawkins , Tiffany C. Penner ADVERTISING INJUSTICES: MARKETING RACE AND CREDIT IN AMERICA 70 Emory Law Journal 1619 (2021) Access to affordable credit played a central role in the Civil Rights Movement. But today, racial and ethnic minorities oversubscribe to high-cost lending products like payday loans and underuse more affordable credit options that traditional banks offer. These trends remain even when controlling for demographic variables like income, credit score,... 2021  
Loren M. Lee AFFIRMATIVE INACTION: A QUANTITATIVE ANALYSIS OF PROGRESS TOWARD "CRITICAL MASS" IN U.S. LEGAL EDUCATION 119 Michigan Law Review 987 (March, 2021) Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for... 2021  
Richard Delgado , Jean Stefancic AGAINST EQUALITY: A CRITICAL ESSAY FOR THE NAACP AND OTHERS 48 Hastings Constitutional Law Quarterly 235 (Winter, 2021) C1-2Table of Contents Introduction. 236 I. Structural Hurdles. 240 A. Forms of Treatment Unique to One Group. 240 B. Neglecting the Frame or Field. 242 1. Tucson School Controversy. 242 2. Brown v. Board of Education. 244 3. Immigration and Deportation. 245 II. Conceptual Limits on Enforcing Decrees. 245 A. Disbelief. 245 B. Colorblindness. 247 C.... 2021  
Govind Persad ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC 2021 University of Illinois Law Review 1085 (2021) America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... 2021  
Henry F. Fradella , Weston J. Morrow , Michael D. White AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES 21 Nevada Law Journal 1151 (Spring, 2021) C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... 2021  
Stephen Rushin, Griffin Edwards AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING 73 Stanford Law Review 637 (March, 2021) This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... 2021  
Donna Saadati-Soto AN INNOVATIVE ALTERNATIVE OR AN INSTITUTIONAL FAILURE OF FAMILY COURTS?: A CRITICAL PERSPECTIVE ON THE EXPERIENCE OF LATINX FAMILIES IN AN ANGLO-CENTRIC MEDIATION PROCESS 31 Berkeley La Raza Law Journal 25 (2021) Introduction. 25 I. Despite its intentions, the traditional Anglo-European model of Alternative Dispute Resolution fails minority participants.. 28 II. Cultural Latinx norms are different and distinct from White norms, and the current U.S. mediation model does not respond to Latinx needs and expectations.. 30 A. Latinos and Latinas have vastly... 2021 Yes
Leona D. Jochnowitz , Tonya Kendall ANALYZING WRONGFUL CONVICTIONS BEYOND THE TRADITIONAL CANONICAL LIST OF ERRORS, FOR ENDURING STRUCTURAL AND SOCIOLOGICAL ATTRIBUTES, (JUVENILES, RACISM, ADVERSARY SYSTEM, POLICING POLICIES) 37 Touro Law Review 579 (2021) Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness... 2021  
Olwyn Conway ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES 98 Denver Law Review 457 (Spring, 2021) The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... 2021  
Lindsay M. Harris , Hillary Mellinger ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA 56 Wake Forest Law Review 733 (2021) We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... 2021  
Nathalie Martin BAD APPLES OR A ROTTEN TREE: AMELIORATING THE DOUBLE PANDEMIC OF COVID-19 AND RACIAL ECONOMIC INEQUALITY 82 Montana Law Review 105 (Winter, 2021) Black Lives Matter signs pepper our rural, middle class neighborhood. Like many of the neighborhoods in my town, there are few Black Americans living nearby. The signs are a symbol of the desire to do something, finally, about systemic racism. There are other subtle shifts occurring as well. More books on racism top bestsellers lists and more ads... 2021  
Cynthia Alkon BARGAINING WITHOUT BIAS 73 Rutgers University Law Review 1337 (Summer, 2021) C1-2Table of Contents Introduction. 1338 I. Plea Bargaining is Largely Unsupervised. 1340 A. The Process of Plea Bargaining. 1342 B. Limits on Prosecutorial Power in Plea Bargaining. 1343 II. Racial Disparities are Exacerbated in Plea Bargaining. 1344 III. The Importance, and Possible Bias, of the First Offer. 1347 IV. Possible Fixes: Structural... 2021  
Elizabeth Kukura BETTER BIRTH 93 Temple Law Review 243 (Winter, 2021) Although the recent focus on maternal mortality has highlighted the problem of poor health outcomes for childbearing women and their babies, especially in communities of color, adverse outcomes are only one of many indications that mainstream maternity care often fails pregnant people and their families. Other signs that maternity care reform is... 2021  
Anne D. Gordon BETTER THAN OUR BIASES: USING PSYCHOLOGICAL RESEARCH TO INFORM OUR APPROACH TO INCLUSIVE, EFFECTIVE FEEDBACK 27 Clinical Law Review 195 (Spring, 2021) As teaching faculty, we are obligated to create an inclusive learning environment for all students. When we fail to be thoughtful about our own bias, our teaching suffers - and students from under-represented backgrounds are left behind. This paper draws on legal, pedagogical, and psychological research to create a practical guide for clinical... 2021  
Dianisbeth M. Acquie BEYOND THE BINARY: DECONSTRUCTING LATINIDAD AND RAMIFICATIONS FOR LATINX CIVIL RIGHTS 24 Harvard Latinx Law Review 13 (Spring, 2021) C1-2TABLE OF Contents I. Introduction. 13 II. Understanding and Misunderstanding Latinidad. 15 III. Proximity to Whiteness, Proximity to Otherness: Legal and Political Constructions of Whiteness Relative to Latinx Identity. 19 IV. Latinxs and the Equal Protection Clause: Close Reading of Hernandez v. New York. 23 V. Latinx Identity and Title VII.... 2021 Yes
Khiara M. Bridges BEYOND TORTS: REPRODUCTIVE WRONGS AND THE STATE: BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE REMAKING REPRODUCTION AND THE LAW, BY DOV FOX. NEW YORK: OXFORD UNIVERSITY PRESS, 2019. PP. 265. $44.00 121 Columbia Law Review 1017 (April, 2021) In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox schematizes the concept of reproductive negligence (also called reproductive wrongs) into three categories: procreation imposed, procreation deprived, and procreation confounded. This Book Review aims to extend Fox's analysis by looking beyond... 2021  
Cristal Nova BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE 30 Annals of Health Law Advance Directive 231 (Spring, 2021) The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... 2021  
Alexis Hoag BLACK ON BLACK REPRESENTATION 96 New York University Law Review 1493 (November, 2021) When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... 2021  
Anthony J. LoPresti BLURRING THE LINES: HOW CONSOLIDATING SCHOOL DISTRICTS CAN COMBAT NEW JERSEY'S PUBLIC-SCHOOL SEGREGATION PROBLEM 45 Seton Hall Legislative Journal 235 (2021) Diversity in classrooms is essential; students can learn about cultural differences and enhance their academic experience. Yet, despite the landmark Supreme Court case Brown v. Board of Education, public-school segregation still haunts states across America. De facto segregation refers to segregation that exists in practice, without being ordered... 2021  
Mary A. Lynch BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC 73 Rutgers University Law Review 1515 (Summer, 2021) Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... 2021  
Beau Kilmer , Jonathan P. Caulkins , Michelle Kilborn , Michelle Priest , Kristin M. Warren CANNABIS LEGALIZATION AND SOCIAL EQUITY: SOME OPPORTUNITIES, PUZZLES, AND TRADE-OFFS 101 Boston University Law Review 1003 (May, 2021) Cannabis prohibition has created disparate harms--especially for Black, Indigenous, and People of Color (BIPOC)--largely through arrest disparities for possession and their downstream effects. Addressing inequities is increasingly featured in discussions to legalize cannabis supply and adult possession for nonmedical purposes. While there is... 2021  
Brian Elzweig CASTE DISCRIMINATION AND FEDERAL EMPLOYMENT LAW IN THE UNITED STATES 44 University of Arkansas at Little Rock Law Review 57 (Fall, 2021) In 2020, the California Department of Fair Employment and Housing (CDFEH) brought a case against Cisco Systems, Inc. (Cisco) and two of its employees on behalf of a John Doe plaintiff for discrimination and harassment based on religion, ancestry, national origin/ethnicity, and race/color. It was claimed that the discrimination and harassment... 2021  
Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION 41 Children's Legal Rights Journal 1 (2021) For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... 2021  
Deborah A. Widiss CHOSEN FAMILY, CARE, AND THE WORKPLACE 131 Yale Law Journal Forum 215 (November 5, 2021) Although federal law offers, at best, unpaid time off work to care for family members with medical needs, recently enacted state laws guarantee paid leave. This Essay argues the laws are groundbreaking in their inclusion of nonmarital partners, extended family, and other chosen family, and it proposes strategies for effective... 2021  
Emma Silberstein CLASS ARBITRATION WAIVERS CANNOT BE FOUND UNCONSCIONABLE: A PERVASIVE AND COMMON "MIS-CONCEPCION" 116 Northwestern University Law Review 875 (2021) In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostility towards arbitration agreements, providing a mechanism for the enforcement of such agreements. The Supreme Court's treatment and application of the FAA has evolved over time, and in recent decades the FAA has been massively extended to... 2021  
Naomi Mann CLASSROOMS INTO COURTROOMS 59 Houston Law Review 363 (Fall, 2021) The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... 2021  
Laurie L. Levenson CLIMATE CHANGE AND THE CRIMINAL JUSTICE SYSTEM 51 Environmental Law 333 (Summer, 2021) The past decade has been the warmest in history. But while there has been a great deal of attention paid to infrastructure sustainability issues, less attention has been focused on the impact of climate change on our criminal justice system. This Article anticipates how climate change will affect and create new challenges for law enforcement,... 2021  
Aisha Green COMPARING DADD v. ANOKA COUNTY WITH CORBITT v. VICKERS: WHY DEFENDANTS SHOULD BEAR THE BURDEN OF ESTABLISHING QUALIFIED IMMUNITY IN A MOTION TO DISMISS 70 American University Law Review 2091 (August, 2021) In the wake of last summer's George Floyd protests, qualified immunity is once again at the forefront of the debate. Officials, such as police officers, can raise qualified immunity as an affirmative defense in response to allegations that they have violated an individual's constitutional rights. The different interpretations of qualified... 2021  
Tim O'Brien COMPOUNDING INJUSTICE: THE CASCADING EFFECT OF ALGORITHMIC BIAS IN RISK ASSESSMENTS 13 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Winter, 2021) The increasing pervasiveness of algorithmic tools in criminal justice has led to an increase in research, legal scholarship, and escalating scrutiny of automated approaches to consequential decisionmaking. A key element of examination in literature focuses on racial bias in algorithmic risk assessment tools and the correlation to higher likelihoods... 2021  
Almas Sayeed CONFRONTING OUR RACIST EXCLUSIONS: THE ROLE OF STATES IN REPAIRING, REIMAGINING AND RECONSTITUTING THE SOCIAL CONTRACT 39 Yale Law and Policy Review 593 (Spring, 2021) The dual crises of the Coronavirus pandemic and Black-led uprisings catalyzed by the murder of George Floyd and many others cast a spotlight on the failure of the systems in place to support communities of color. This failure raises many questions about the resilience of the country's health and economic systems. It also prompts deep questions... 2021  
Katherine Elizabeth Holloway CONSEQUENCES OF POLICE IN SCHOOLS: THE CRIMINALIZATION OF CHILDREN IN AN ERA OF MASS INCARCERATION 19 Hastings Race and Poverty Law Journal 3 (Winter 2021) I. Introduction. 5 II. The Historical Development of Police Presence in Schools. 7 III. Contemporary Police Presence in Schools. 12 A. The Role of School Resource Officers in Schools. 13 B. The Reality of School Resource Officers in Schools. 14 C. Impact of School-Based Police on School Safety. 17 D. The Role of School-Based Police in the... 2021  
Michael C. Dorf CONSTITUTIONAL COURTS IN DEFECTIVE DEMOCRACIES 62 Virginia Journal of International Law Online 47 (2021) Constitutional courts exercising the power to invalidate the outputs of elected bodies can strengthen the liberal democratic character of the polities they serve in three main ways: by reinforcing representation; protecting human rights, particularly those of members of socially disadvantaged groups; and promoting the political system's stability... 2021  
Kate Andrias, Benjamin I. Sachs CONSTRUCTING COUNTERVAILING POWER: LAW AND ORGANIZING IN AN ERA OF POLITICAL INEQUALITY 130 Yale Law Journal 546 (January, 2021) This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor... 2021  
William B. Morrison COUNTRY CLUB SPORTS: THE DISPARATE IMPACT OF ATHLETE ADMISSIONS AT ELITE UNIVERSITIES 46 Brigham Young University Law Review 883 (2021) While conservative advocacy groups criticize affirmative action as anti-meritocratic, many universities give similar admissions preferences based on ostensibly race-neutral characteristics that highly correlate with wealth and whiteness. Using data made public through the recent legal challenge to Harvard's affirmative action policies,... 2021  
Helen Hershkoff, Arthur R. Miller COURTS AND CIVIL JUSTICE IN THE TIME OF COVID: EMERGING TRENDS AND QUESTIONS TO ASK 23 NYU Journal of Legislation and Public Policy 321 (2021) COVID-19 is a highly infectious virus that has caused worldwide disruption, large numbers of deaths, and economic dislocation. Since its appearance in 2019, containment of COVID-19 has depended, in part, upon forms of social distancing that have strained and made impossible traditional forms of judicial and legal practice. This Article focuses on... 2021  
Olivia C. Perlstein COVID RESEARCH INEQUALITIES: HIGHLIGHTING THE NEED FOR INCREASED MINORITY PARTICIPATION IN CLINICAL TRIALS 52 Seton Hall Law Review 545 (2021) In March 2020, the world came to a screeching halt: people stopped going to work and children stopped going to school; grocery and drug stores displayed empty shelves where paper goods, cleaning supplies, medicines, and pantry items were once fully stocked. Big cities, like New York, felt almost post-apocalyptic: subways were empty, traffic had... 2021  
George Rice COVID-19 & FOOD INSECURITY: HOW THE COVID-19 PANDEMIC HAS EXACERBATED FOOD INSECURITY AND WILL DISPROPORTIONALLY AFFECT LOW INCOME AND MINORITY GROUPS 21 University of Maryland Law Journal of Race, Religion, Gender and Class 160 (Spring, 2021) The COVID-19 pandemic has highlighted several health disparities that exist between primarily White, affluent populations and low-income and minority communities. While diet-related health disparities have come to the forefront during the pandemic, they have existed for generations, and can be attributed, in part, to systemic inequality in food... 2021  
Shaun Ossei-Owusu CRIMINAL LEGAL EDUCATION 58 American Criminal Law Review 413 (Spring, 2021) The protests of 2020 have jumpstarted conversations about criminal justice reform in the public and professoriate. Although there have been longstanding demands for reformation and reimagining of the criminal justice system, recent calls have taken on a new urgency. Greater public awareness of racial bias, increasing visual evidence of... 2021  
  CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) 134 Harvard Law Review 1268 (January, 2021) Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... 2021  
E. Tendayi Achiume , Devon W. Carbado CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW 67 UCLA Law Review 1462 (April, 2021) By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... 2021  
Linda S. Greene CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES 2021 Wisconsin Law Review 259 (2021) Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... 2021  
Frédéric Gilles Sourgens CURIOUS UNILATERALISM 13 Federal Courts Law Review 113 (2021) Introduction. 114 I. A Working Definition of Unilateralism. 119 II. Unilateralism as Assault on Republican Government. 124 A. The Procedural Problem of Unilateralism. 125 B. The Substantive Problem of Unilateralism. 127 III. Vermeule's Defense of Unilateralism. 130 IV. A Breakdown of Public Reason. 137 A. Two Accounts of Public Reason. 138 B. The... 2021  
Jasmine B. Gonzales Rose DESNATADA: LATINA ILLUMINATION ON BREASTFEEDING, RACE, AND INJUSTICE 57 California Western Law Review 303 (Spring, 2021) In Skimmed: Breastfeeding, Race, and Injustice, Andrea Freeman brilliantly explains how racism results in lower breastfeeding rates by Black mothers, which in turn results in poorer health outcomes--including higher mortality rates--for Black babies. She provides four primary reasons for this phenomenon: (1) the history and legacy of slavery, (2)... 2021 Yes
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