AuthorTitleCitationSummaryYearKey Terms
Alice Abrokwa TOO STUBBORN TO CARE FOR: THE IMPACTS OF DISCRIMINATION ON PATIENT NONCOMPLIANCE 77 Vanderbilt Law Review 461 (March, 2024) The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over time, but implicit racial bias in the healthcare context can be as deadly, particularly when it intersects with ableism and sexism. Researchers have found that medical providers are more likely to... 2024  
Peggy Nicholson TOO YOUNG TO SUSPEND: ENDING EARLY GRADE SCHOOL EXCLUSION BY APPLYING LESSONS FROM THE FIGHT TO INCREASE THE MINIMUM AGE OF JUVENILE COURT JURISDICTION 11 Belmont Law Review 334 (Spring, 2024) Introduction. 335 I. Evolution of Juvenile Court. 337 A. Origins of Juvenile Court. 338 B. Adultification of the Juvenile Court. 340 C. A Return to the Rehabilitative Ideal. 342 II. Evolution of Exclusionary School Discipline. 345 A. The Rise of Exclusionary School Discipline in the United States. 346 B. Pushback Against Exclusionary School... 2024  
Justin Weinstein-Tull TRAFFIC COURTS 112 California Law Review 1183 (August, 2024) Traffic courts are deeply important, but we know almost nothing about what goes on inside them. This is a problem for at least three reasons. First, traffic courts resolve over half of all cases brought into our justice system each year. Understanding how traffic courts work is thus crucial for understanding how courts themselves work. Second,... 2024  
Sunita Patel TRANSINSTITUTIONAL POLICING 137 Harvard Law Review 808 (January, 2024) C1-2CONTENTS Introduction. 810 I. The Transinstitutional Approach to Studying Policing. 818 A. The Continuum of Institutional Police. 818 B. Which Institutions?. 823 II. Policing the Public. 824 A. Red Flagging. 826 B. Street Policing. 839 C. Wellness Checks. 851 III. Surveilling the Public. 862 A. Networked Information. 862 B. Bureaucratic... 2024  
Elizabeth Hidalgo Reese TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM 76 Stanford Law Review 771 (April, 2024) Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... 2024  
Diane Heckman, J.D. U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: PHASE TWO AFFIRMATIVE ACTION CASES ERADICATING SUCH USAGE IN COLLEGE ADMISSIONS 417 West's Education Law Reporter 1 (1/18/2024) I. Introduction II. Phase Two Manufactured Affirmative Action Cases III. Harvard College Case A. Background B. District Court Decision C. First Circuit Court Decision IV. The Supreme Court Grants Certiorari A. Procedurally 1. Granting Certiorari 2. Consolidation and Severance B. Pointillism: The Current Court's Composition 1. Chief Justice John G.... 2024  
Diane Heckman, J.D. U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: THE BACK STORY AND PHASE ONE AFFIRMATIVE ACTION CASES 416 West's Education Law Reporter 749 (1/4/2024) I. Introduction II. Background of the UNC and Harvard College Cases III. Race Considerations in This Country IV. Pivotal Fourteenth Amendment Equal Protection Clause Education Case: Brown v. Board of Education V. Supreme Court's Earlier Phase One Cases Involving Education, Affirmative Action, and the Fourteenth Amendment A. Proponents Versus... 2024  
Chika O. Okafor UN-ERASING RACE: INTRODUCING SOCIAL NETWORK DISCRIMINATION TO THE LAW 102 North Carolina Law Review 1517 (September, 2024) Race-based affirmative action in college admissions was a longstanding and hotly debated policy that allowed universities to use race as one factor in admissions decisions. With the landmark 2023 Supreme Court decision in Students for Fair Admissions (SFFA), many believe the era of race-conscious policies in university admissions has effectively... 2024  
Solange Fortenbach UNIONIZING THE FOOD INDUSTRY IN CALIFORNIA 14 UC Irvine Law Review 1285 (October, 2024) This Note situates the labor rights movement between two stories: that of the Hotel Employees and Restaurant Employees Union's (HERE) waitress locals and that of Genwa, a Korean barbecue (KBBQ) restaurant that organized with the help of the Koreatown Immigrant Worker Alliance (KIWA), a worker center. Highlighting the rise and fall of HERE's... 2024  
Bernice A. Grant UNLEASHING CORPORATE ENTREPRENEURSHIP 89 Brooklyn Law Review 1031 (Summer, 2024) If you love somebody . set them free. --Sting Imagine the following scenario: Isabella is a twenty-seven-year-old, second-year MBA student at a prestigious business school and the child of immigrants from the Dominican Republic. Although she entered business school to become an investment banker and support her family, she always yearned to become... 2024  
Harvey Gee UNPRECEDENTED: ASIAN AMERICANS, HARVARD, THE UNIVERSITY OF NORTH CAROLINA, AND THE SUPREME COURT'S STRIKING DOWN OF AFFIRMATIVE ACTION 51 UC Law Constitutional Quarterly 187 (Winter 2024) In response to the Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College Students for Fair Admissions, Inc., Petitioner v. University of North Carolina, et al. (SFFA v. Harvard), author Harvey Gee urges his fellow Asian Americans--the star plaintiffs in the case and depicted as the main... 2024  
Diane Kemker, J.D., LL.M USING A "MOVES TO INNOCENCE" APPROACH TO DISSECT AND DEBUNK THE CLAIM THAT CRITICAL RACE THEORY IS ANTISEMITIC 27 Lewis & Clark Law Review 1145 (2024) In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected,... 2024  
  WARRANTLESS SEARCHES AND SEIZURES 53 Georgetown Law Journal Annual Review of Criminal Procedure 49 (2024) Under the Fourth Amendment, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements,... 2024  
Garrett I. Halydier WE(ED) THE PEOPLE OF CANNABIS, IN ORDER TO FORM A MORE EQUITABLE INDUSTRY: A THEORY FOR IMAGINING NEW SOCIAL EQUITY APPROACHES TO CANNABIS REGULATION 19 University of Massachusetts Law Review 225 (Spring, 2024) States increasingly implement social equity programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to... 2024  
Issa Kohler-Hausmann WHAT DID SFFA BAN? ACTING ON THE BASIS OF RACE AND TREATING PEOPLE AS EQUALS 66 Arizona Law Review 305 (Summer, 2024) The Supreme Court has declared that the race-conscious admissions at Harvard and the University of North Carolina (UNC) are unconstitutional under the Fourteenth Amendment of the United States Constitution. The problem is, nobody knows what, precisely, has been banned by the Court's decision in Students for Fair Admissions v. Harvard. The... 2024  
Robyn Weinstein WHAT'S GOING ON? DIVERSITY, EQUITY, AND INCLUSION DISPUTE RESOLUTION INITIATIVES IN THE U.S. 73 Washington University Journal of Law & Policy 294 (2024) Our past, our history, and the people we encounter in life matter. They matter because they shape our experiences, our stories, our identities, what we choose to do (or not do), our present, our future and our ethical stance. - Jacqueline N. Font-Guzmán Over the course of my career, I have worked for and managed community dispute resolution... 2024  
Teneille R. Brown WHEN DOCTORS BECOME COPS 97 Southern California Law Review 675 (March, 2024) The lines between law enforcement and health care are blurring. Police increasingly lean on doctors to provide them with genetic samples, prescription histories, and toxicology results that they could not obtain on their own. This often occurs without a warrant or the patient's consent. At the same time, legislatures are using physicians as... 2024  
Elizabeth Butterworth "WHAT IF YOU'RE DISABLED AND UNDOCUMENTED?": REFLECTIONS ON INTERSECTIONALITY, DISABILITY JUSTICE, AND REPRESENTING UNDOCUMENTED AND DISABLED LATINX CLIENTS 26 CUNY Law Review 139 (Summer, 2023) I. Introduction. 140 II. From Disability Rights to Disability Justice. 145 III. An Ableist and Disabling Immigration System. 149 A. Exclusionary Immigration Laws and the Public Charge Rule. 150 B. The Disabling Impact of Migrating to and Living Undocumented in the United States. 155 IV. The Need for Services and Barriers to Access. 157 V. From... 2023 Yes
Leticia M. Diaz A SEAT AT THE TABLE: ADVANCING, LEADING, AND DEANING WHILE BATTLING PRESUMED INCOMPETENCE 26 Harvard Latin American Law Review 169 (YesSpring, 2023) As the longest-serving Latina law school dean in the country, I was overjoyed to participate in the Inaugural Graciela Olivárez Latinas in the Legal Academy (GO LILA) Workshop in the summer of 2022. This article is about my career path, some of the challenges I faced that women of color in the legal academy still face, and my experience working on... 2023 Yes
Neena Albarus AN OVERVIEW OF THE ONGOING LEGACIES OF COLONIALISM IN CONTEMPORARY LEGAL SYSTEMS IN THE BLACK DIASPORA 23 Berkeley Journal of African-American Law & Policy 15 (2023) This perspective paper explores the ongoing legacies of colonialism in contemporary legal systems and policies in the Black Diaspora. Drawing on examples from Africa, the Caribbean, Latin America and the United States, this paper argues that colonial legal systems and policies continue to shape the legal and political landscape of these regions,... 2023 Yes
Lauren Bashir BROADCAST IN THE PAST?: THE DANGERS OF DEREGULATING CHILDREN'S BROADCAST TELEVISION 44 Journal of the National Association of Administrative Law Judiciary 1 (Fall, 2023) In January 2019, economists Phillip B. Devine and Melissa S. Kearney found that, in its fifty-year tenure, PBS's Sesame Street markedly improved children's school performance. Remarkably, those with access to the children's television show experienced improved educational and employment outcomes over those without access. Sesame Street's creation... 2023 Yes
Morgan Zamora CAPITAL PUNISHMENT FOR LATINE POPULATIONS 20 Hastings Race and Poverty Law Journal 19 (Winter, 2023) Morgan holds a J.D. from UC Hastings Law, where she was a member of the Latinx Law Students Association and Hastings Public Interest Law Foundation. She earned her undergraduate degree in Social Work and minor in Ethnic Studies from the University of Nevada, Reno. C1-2Table of Contents Introduction. 20 Function of the Future Dangerousness Question.... 2023 Yes
Ming Hsu Chen COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP 44 Cardozo Law Review 945 (February, 2023) Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... 2023 Yes
Emily D. Asher FACING REASONABLENESS: CROSS-CULTURAL COMPETENCY TRAINING IN LAW SCHOOL FOCUSED ON REASONABLE FEAR DETERMINATIONS FOR LGBTQIA+ LATINX INDIVIDUALS 51 Capital University Law Review 376 (Fall, 2023) How someone traveled through Central America to reach the United States border is an important journey. Understanding why an individual would undertake such an endeavor is equally important when determining the reasonableness of any fear in returning to their home country. Awareness for an individual's perspective requires developing cross-cultural... 2023 Yes
Mary Holper GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS 89 Brooklyn Law Review 119 (Fall, 2023) A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... 2023 Yes
Vonda Mallicoat Laughlin HARD-WORKING PIONEER PATRIOT v. LAZY HILLBILLY--THE CASE FOR TITLE VII PROTECTION FOR THE SOUTHERN APPALACHIAN MOUNTAINEER A/K/A "HILLBILLY" 51 Capital University Law Review 148 (Fall, 2023) Mountain people of Southern Appalachia are the last group in America for whom ridicule is acceptable. As one columnist opined, Don't write a book that ridicules Blacks or Hispanics; it won't sell. However, it's fine to belittle Appalachians. The word hillbilly is one common and offensive slur. The stereotypical hillbilly, usually portrayed as... 2023 Yes
Veronica Pastor , Ivana Kriznic , Deputy General Counsel, Association of Corporate Counsel, Head of Public Policy, Canada, Latin America, Emerging Markets, Verizon HNBA'S CORPORATE COUNSEL DIVISION CHAIR IVANA KRIZNIC ON THE VALUE OF VOLUNTARY BAR MEMBERSHIPS 9/14/2023 ACC Docket 2 (9/14/2023) Banner artwork by ProStockStudio / Shutterstock.com Veronica Pastor: Ivana, you have been the 2022-2023 chair of the HNBA corporate counsel division. In your day job, you are Verizon's head of public policy for Canada, Latin America, and emerging markets, and regulatory counsel. You are also a longstanding member of ACC. When I attend meetings of... 2023 Yes
Gabriela Raful IMPROVING JURY DIVERSITY 45-OCT Pennsylvania Lawyer 26 (September/October, 2023) In 2021, while preparing to be president of the Berks County Bar Association (BCBA), I began exploring the issues that I wanted to focus on during my term. As the first racial minority, first Latinx, youngest and only naturalized citizen to be president of the association, I wanted my main theme to be connected to the needs of the communities that... 2023 Yes
Laura E. Gómez JUSTICE REYNOSO'S LEGACY IN CONTEXT 39 Chicana/o-Latina/o Law Review 1 (2023) C1-2Table of Contents 50th Anniversary of the CLLR. 2 Cruz Reynoso in Three Moments. 3 Moment #1--the CRLA Years. 4 Moment #2--the California Supreme Court Years. 6 Moment #3--Professor Reynoso's research on Latinx attorneys in Los Angeles County at the turn of the century. 7 Conclusion. 11 2023 Yes
Raquel E. Aldana , Emile Loza de Siles , Solangel Maldonado , Rachel F. Moran LATINAS IN THE LEGAL ACADEMY: PROGRESS AND PROMISE 26 Harvard Latin American Law Review 183 (Spring, 2023) The 2022 Inaugural Graciela Olivárez Latinas in the Legal Academy (GO LILA) Workshop convened seventy-four outstanding and powerful Latina law professors and professional legal educators (collectively, Latinas in the legal academy, or LILAs) to document and celebrate our individual and collective journeys and to grow stronger together. In... 2023 Yes
Amber Gonzales , (GUEST AUTHOR) LATINOS IN THE COURTROOM 52-OCT Colorado Lawyer 4 (October, 2023) As CBA president, I consider it my duty to provide you with insight into our great state, and I believe it's essential for voices from across Colorado to be heard. Indeed, one of the greatest strengths of the CBA is our ability to bring people together, share ideas, and find success through one another. As such, I've invited leaders from around the... 2023 Yes
Ed Morales LATINX: RESERVING THE RIGHT TO THE POWER OF NAMING 39 Chicana/o-Latina/o Law Review 209 (2023) The label Latinx was originally conceived of by activists and academics to be inclusive of non-binary and LGBTQIA people, but when it came into wider use in the mid-2010s, it generated pushback from both conservatives and moderates. Recently there have been attempts to ban the term by a governor and a state legislature, with even Democratic Arizona... 2023 Yes
Dolores S. Atencio LUMINARIAS: AN EMPIRICAL PORTRAIT OF THE FIRST GENERATION OF LATINA LAWYERS 1880-1980 39 Chicana/o-Latina/o Law Review 1 (2023) C1-2Table of Contents Prologue. 3 Introduction. 9 I. The Luminarias Study. 13 A. Methodology. 13 B. Who is Latina? The Complex Nature of Self-Identification Inside and Outside the Latino Community. 16 C. Ethical Considerations in Categorizing Luminarias as Latinas. 22 1. Rosalind Goodrich Bates, LL.B 1926 Southwestern Law-Los Angeles, Admitted... 2023 Yes
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Peter S. Lehmann, Department of Criminal Justice and Criminology, Sam Houston State University THE TRIAL TAX AND THE INTERSECTION OF RACE/ETHNICITY, GENDER, AND AGE IN CRIMINAL COURT SENTENCING 47 Law and Human Behavior 201 (February, 2023) Objective: Prior research consistently demonstrates that defendants convicted at trial are sentenced more harshly than those who plead guilty. Additionally, a vast literature has shown that Black and Hispanic defendants, and especially young minority males, are particularly disadvantaged in sentencing, though these effects may be conditional on... 2023 Yes
Azadeh Shahshahani, Chiraayu Gosrani "KNOWN ADVERSARY": THE TARGETING OF THE IMMIGRANTS' RIGHTS MOVEMENT IN THE POST-TRUMP ERA 72 Emory Law Journal 1245 (2023) C1-2Table of Contents Introduction. 1246 I. The First Amendment's Hollowed Out Protections. 1249 A. Constitutional Exceptionalism. 1251 B. Exceptionalism for Immigrants and the Plenary Power Doctrine. 1253 II. The Chilling of the Immigrants' Rights Movement. 1256 A. Indigenous Organizers, Faith Leaders, and Humanitarian Aid Workers at the Southern... 2023  
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