AuthorTitleCitationSummaryYearKey Terms
Johnson A. Salisbury, Jr. TO HAVE OR HAVE NOT: THE LIMITS OF COMPLY-OR-EXPLAIN GOVERNANCE IN AN AMERICAN EXCHANGE 72 Emory Law Journal 1485 (2023) In 2020, the National Association of Securities Dealers Automated Quotations (Nasdaq) proposed a comply-or-explain governance rule to the Securities and Exchange Commission (SEC), aimed at increasing diversity in companies listed on its exchange. The resulting listing rule--approved by the SEC in 2021--was met with a mixed chorus of cheers and... 2023  
L. Darnell Weeden UNDOCUMENTED IMMIGRANT RESIDENTS HAVE A LIMITED CONSTITUTIONAL RIGHT TO A LIMITED OFFICIAL DRIVER'S LICENSE 66 Howard Law Journal 643 (Spring, 2023) The issue to be addressed is whether undocumented resident immigrants who entered the United States illegally should be granted a limited suspect classification when seeking a state driver's license. Steven A. Camarota, the director of research at the Center for Immigration Studies, and Karen Zeigler, a demographer at the Center for Immigration... 2023  
Elisa Reyes Hinojosa UNEQUAL ACCESS TO HIGHER EDUCATION: STUDENT LOAN DEBT DISPROPORTIONATELY IMPACTS MINORITY STUDENTS 25 Scholar: St. Mary's Law Review on Race and Social Justice 63 (2023) Introduction. 64 I. Evolution of Educational Rights in the United States. 67 A. Education is Not a Fundamental Right. 67 1. Brown v. Board of Education (1954). 68 2. San Antonio Independent School District v. Rodriguez. 69 B. Legislative History. 71 1. Elementary and Secondary Education Act. 71 2. Every Student Succeeds Act. 73 II. Current... 2023  
Lindsay Sain Jones , Goldburn P. Maynard, Jr. UNFULFILLED PROMISES OF THE FINTECH REVOLUTION 111 California Law Review 801 (June, 2023) While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... 2023  
Tara N. Richards , Kathryn J. Holland , Allison E. Cipriano , Alyssa Nystrom UNIVERSAL MANDATORY REPORTING POLICIES SHOW NULL EFFECTS IN A STATEWIDE COLLEGE SAMPLE 47 Law and Human Behavior 686 (December, 2023) Objective: It is widely assumed that universal mandatory reporting policies (MRPs) for sexual misconduct are important for campus safety, but there is little evidence to support these assumptions. Hypotheses: Given the exploratory nature of this research, no formal hypotheses were tested. We did not expect universal MRPs to be significantly... 2023  
Arthur E. Wilmarth, Jr. WE MUST PROTECT INVESTORS AND OUR BANKING SYSTEM FROM THE CRYPTO INDUSTRY 101 Washington University Law Review 235 (2023) The crypto boom and crash of 2020-22 demonstrated that (i) cryptocurrencies with fluctuating values are extremely risky and highly volatile assets and (ii) cryptocurrencies known as stablecoins are vulnerable to systemic runs whenever there are substantial doubts about the adequacy of reserves backing those stablecoins. Crypto firms amplified the... 2023  
Phyllis C. Taite WELFARE v. WEALTHFARE: THE ILLUSION OF EQUALITY IN TAX POLICY 20 Pittsburgh Tax Review 363 (Spring, 2023) Tax laws and policies may be perceived as race-neutral because race data is not used to determine tax liability. Similarly, the rate structure may be perceived as progressive because tax rates increase as income increases. Nonetheless, history has demonstrated that tax laws and policies are biased against race and class and the tax system is not... 2023  
Eric Martínez , Kevin Tobia WHAT DO LAW PROFESSORS BELIEVE ABOUT LAW AND THE LEGAL ACADEMY? 112 Georgetown Law Journal 111 (October, 2023) Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article... 2023  
Tori DeLaney WHAT DO WE DO WITH YOU: HOW THE UNITED STATES USES RACIAL-GENDERED IMMIGRANT LABOR TO INFORM ITS IMMIGRANT INCLUSION-EXCLUSION CYCLE 92 University of Cincinnati Law Review 206 (10/20/2023) The United States has constructed and continues to enforce gender, race, and labor assumptions through the Immigration and Nationality Act's (INA) deportation rules. The United States crafted its immigration laws to be flexible enough to lean on and vilify immigrant labor depending on the nation's labor needs. Modern enforcement of the INA's... 2023  
Cara McClellan WHEN CLAIMS COLLIDE: STUDENTS FOR FAIR ADMISSIONS v. HARVARD AND THE MEANING OF DISCRIMINATION 54 Loyola University Chicago Law Journal 953 (Spring, 2023) This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College's race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions... 2023  
Alison Peebles WHEN PERMANENCY IS PERMANENT SEPARATION: IN THE FAMILY REGULATION SYSTEM, A TEMPORARY REMOVAL FAST TRACKS TERMINATING PARENTS' RIGHTS 31 Journal of Law & Policy 197 (2023) The Adoption and Safe Families Act (ASFA) is a federal law that creates a mandate for states to move to terminate parents' rights if a child has been in foster care for fifteen out of the twenty-two most recent months. The federal government then pays states for each adoption over a set threshold amount, which has resulted in terminating over two... 2023  
Nellie L. King , Law Offices of Nellie L. King, P.A., West Palm Beach, Florida, 561-833-1084, Email Nellie@CriminalDefenseFla.com, Website www.criminaldefensefla.com WHEN YOU PRACTICE WHAT YOU PREACH AND WHAT YOU PREACH IS RACISM 47-JUN Champion 5 (June, 2023) Seldom do the policies of prosecutors' offices come to light. As defense lawyers in state courts, we hear over counsel table what plea offer is being extended, but seldom is the reasoning behind the plea offer explained. There is claimed discretion by line prosecutors, but we know there is an entire structure of internal controls in place designed... 2023  
Hannah J. Phalen , Jessica M. Salerno , Madison Adamoli , Janice Nadler WHITE MOCK JURORS' MORAL EMOTIONAL RESPONSES TO VIEWING FEMALE VICTIM PHOTOGRAPHS DEPEND ON THE VICTIM'S RACE 47 Law and Human Behavior 666 (December, 2023) Objective: Jurors often see both premortem photographs of female murder victims before death and postmortem photographs after death. Postmortem photographs are often probative but might prejudicially heighten jurors' other-condemning emotions, such as anger and disgust. Premortem photographs are often not probative and might prejudicially heighten... 2023  
Vida B. Johnson WHITE SUPREMACY FROM THE BENCH 27 Lewis & Clark Law Review 39 (2023) Judges make important decisions in millions of cases a year across the country. Unlike other institutional players and unlike parties and their attorneys, judges are the only players in our adversarial legal system that are by design ostensibly neutral, impartial, and without bias. Unfortunately, that legal fiction is not fact. Some judges do hold... 2023  
Daniel S. Harawa WHITEWASHING THE FOURTH AMENDMENT 111 Georgetown Law Journal 923 (May, 2023) A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... 2023  
LaToya Baldwin Clark WHOSE CHILD IS THIS? EDUCATION, PROPERTY, AND BELONGING 123 Columbia Law Review 1201 (June, 2023) Previous work suggests that excludability is the main attribute of educational property and residence is the lynchpin of that exclusion. Once a child is non-excludable, the story goes, he should have complete access to the benefits of educational property. This Essay suggests a challenge to the idea that exclusion is the main attribute of... 2023  
Jordan B. Woods WORKING TO ELIMINATE RACIAL AND IDENTITY PROFILING 38-FALL Criminal Justice 22 (Fall, 2023) On January 7, 2023, five officers from the Memphis Police Department pulled over Tyre Nichols, a 29-year-old Black man, for reckless driving and brutally beat him for several minutes. Tyre was hospitalized and died three days later from extensive bleeding caused by his injuries. Three weeks later, released camera footage of the violent encounter... 2023  
Lydia Davenport WOULD JUSTICE SCALIA THINK BLACK GUNS MATTER? 47 New York University Review of Law and Social Change 1 (2023) Do Black Guns Matter? This Article considers what Justice Scalia's opinion in District of Columbia v. Heller tells us about how the law treats Black gun owners' rights. The opinion appears to tell two stories. One elevates white gun holders through three white paradigms: the colonial revolutionary, the frontiersman, and the hunter. The second... 2023  
Sonia M. Gipson Rankin WOULD YOU MAKE IT TO THE FUTURE? TEACHING RACE IN AN ASSISTED REPRODUCTIVE TECHNOLOGIES AND THE LAW CLASSROOM 56 Family Law Quarterly 1 (2022-2023) Would you make it to the future? For the last five years, I have started my Assisted Reproductive Technology (ART) lecture in Family Law with this question. Students take the query seriously. They ponder their lived experiences such as home training, medical history, education, financial well-being, personality traits, work ethic, and social graces... 2023  
Holly Jeanine Boux "#USTOO": EMPOWERMENT AND PROTECTIONISM IN RESPONSES TO SEXUAL ABUSE OF WOMEN WITH INTELLECTUAL DISABILITIES 37 Berkeley Journal of Gender, Law & Justice 131 (2022) Introduction. 132 I. Sexual Abuse of Persons with ID: Context, Incidence, Challenges. 135 II. Recently Proposed Legislation Relating to Sexual Abuse and Persons with ID. 141 III. Recent Legislation: Evaluation and Contextualization. 143 A. Points of Progress: Taking Caregiver Abuse Seriously and Listening to Those with ID. 143 B. Areas for... 2022 yes
John A.D. Marinelli "EDUCATION UNDER ARMED GUARD": AN ANALYSIS OF THE SCHOOL-TO-PRISON PIPELINE IN WASHINGTON, D.C. 59 American Criminal Law Review 1697 (Fall, 2022) Introduction. 1698 I. The School-to-Prison Pipeline. 1699 A. Origins. 1699 1. Suppressing Civil Rights Demonstrations. 1699 2. The Tough on Crime Mentality. 1700 3. Mass Shootings and School Security. 1701 B. Component Practices. 1702 1. School Policing. 1702 2. The Criminalization of Student Conduct. 1703 3. Exclusionary Discipline. 1705 C.... 2022  
Walter I. Gonçalves, Jr. "HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS 59 American Criminal Law Review 293 (Spring, 2022) Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... 2022  
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022  
Thalia González , Alexis Etow , Cesar De La Vega A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING 71 American University Law Review 1927 (June, 2022) Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... 2022  
Anita Sinha A LINEAGE OF FAMILY SEPARATION 87 Brooklyn Law Review 445 (Winter, 2022) History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... 2022  
Matthew Barreto, Michael Cohen, Loren Collingwood, Chad W. Dunn, Sonni Waknin , UCLA Voting Rights Project A NOVEL METHOD FOR SHOWING RACIALLY POLARIZED VOTING: BAYESIAN IMPROVED SURNAME GEOCODING 46 New York University Review of Law and Social Change 1 (2022) Section 2 of the Voting Rights Act is one of the most important tools for litigants challenging discriminatory voting procedures. The Supreme Court outlined the test governing vote dilution claims--which are claims that an electoral system, process, or procedure weakens a minority group's ability to elect candidates of their choice--under Section 2... 2022  
Gabriella Argueta-Cevallos A PROSECUTOR WITH A SMOKING GUN: EXAMINING THE WEAPONIZATION OF RACE, PSYCHOPATHY, AND ASPD LABELS IN CAPITAL CASES 53 Columbia Human Rights Law Review 624 (Spring, 2022) Prosecutors play a central role both in weaponizing personality disorder labels in capital cases and in oppressing Black, Indigenous, and People of Color (BIPOC) within the criminal legal system. This is especially true for antisocial and psychopathic personality disorder labels. Because there are common mechanisms underlying both processes, it... 2022  
Jocelyn Hassel A REBUTTAL TO "ARRÉGLATE ESE PAJÓN": REFLECTIONS ON NATURAL HAIR MOVEMENTS, THE CROWN ACT, AND #BETRAYLATINIDAD 38 Chicana/o-Latina/o Law Review 163 (2022) C1-2Table of Contents Introduction. 164 I. Legacies of Hair Discrimination in the United States. 174 A. Winning Hearts, Minds, and Hair: The Legal Struggle for Combatting Hair Discrimination. 175 II. The CROWN Act. 180 III. Reflections on Generational Memory-Dominican Racial Consciousness and Diasporic Dialectics. 183 A. A Brief Introduction to... 2022 yes
Sarah Hopkins A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK 55 UIC Law Review 485 (Fall, 2022) I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... 2022  
Kimberly Winter A TALE OF TWO SUBURBS: HOW ZONING CONTRIBUTED TO DEMOGRAPHIC PATTERNS IN GLASTONBURY AND EAST HARTFORD, CONNECTICUT 30 Journal of Affordable Housing & Community Development Law 437 (2022) I. Introduction. 437 II. History of East Hartford and Glastonbury. 439 III. Legal Overview. 442 IV. Historic Zoning Action Taken. 444 A. Glastonbury. 444 B. East Hartford. 446 V. Effects of the Zoning Differences. 449 A. Large Lot Zoning. 449 B. Multi-Family Housing. 453 VI. Conclusion. 458 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022  
Laura Lane-Steele ADJUDICATING IDENTITY 9 Texas A&M Law Review 267 (Winter, 2022) Legal actors examine identity claims with varying degrees of intensity. For instance, to be considered female for the U.S. Census, self-identification alone is sufficient, and no additional evidence is necessary. To change a sex marker on a birth certificate to female, however, self-identification is not enough; some states require people to... 2022  
Francisco Valdes , Steven W. Bender, Jennifer J. Hill AFTERWORD: LATCRIT AT TWENTY-FIVE AND BEYOND--ORGANIZED ACADEMIC ACTIVISM AND THE LONG HAUL: DESIGNING "HYBRIDIZED" ADVOCACY PROJECTS FOR AN AGE OF GLOBAL DISRUPTION, SYSTEMIC INJUSTICE, AND BOTTOM-UP PROGRESS 99 Denver Law Review 773 (Summer, 2022) On the monumental occasion of the twenty-fifth anniversary celebration of LatCrit (Latina and Latino Critical Legal Theory, Inc.) as a still thriving and persevering community of critical scholars and activists, this Article offers some reflections on where we have been, where we are now, and where we might go next together as academics and... 2022 yes
Richard L. Revesz AIR POLLUTION AND ENVIRONMENTAL JUSTICE 49 Ecology Law Quarterly 187 (2022) Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... 2022  
Marissa A. Smith AMERICA, LAND OF THE FEE: A CONSTITUTIONAL ANALYSIS OF FEDERAL FILING FEES 107 Cornell Law Review 593 (January, 2022) L1-2Introduction . L3594 I. Background. 597 A. The History of Filings Fees. 597 B. IFP Status and Its Shortcomings. 601 1. Vague and Inconsistent Standards. 601 2. IFP Status and Prisoners. 602 C. Disparate Impact on Racial Minorities. 605 1. The Wealth and Equity Gap. 605 2. Civil Rights Claims. 607 II. The Due Process Arguments Against Filing... 2022  
Christopher L. Mathis AN ACCESS AND EQUITY RANKING OF PUBLIC LAW SCHOOLS 74 Rutgers University Law Review 677 (Winter, 2022) Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report's Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll in law school. These ranking systems have defined what is measured as quality and what outcomes law schools... 2022  
Mary R. Rose AN UNFORTUNATE TEXAS TRADITION: LATINO UNDERREPRESENTATION IN JURY POOLS 98 The Advocate (Texas) 8 (Spring, 2022) THE TEXAS EDUCATION AGENCY, IN DEFINING the Texas Essential Skills and Knowledge criteria for high school students, mandates that students learn landmark U.S. Supreme Court decisions, one of which is Hernandez v. Texas, 347 U.S. 475 (1954). The decision qualifies as landmark because the high court made clear that the Fourteenth Amendment is... 2022 yes
Barry Friedman ARE POLICE THE KEY TO PUBLIC SAFETY?: THE CASE OF THE UNHOUSED 59 American Criminal Law Review 1597 (Fall, 2022) We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off... 2022  
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022  
Mary Szto BARRING DIVERSITY? THE AMERICAN BAR EXAM AS INITIATION RITE AND ITS EUGENICS ORIGIN 21 Connecticut Public Interest Law Journal 38 (Spring, 2022) According to the 2020 census, the U.S. population is over 42% minorities, however, only 14% of the legal profession is. In 2020, the first-time bar taker pass rate was 88% for Whites, 80% for Asians, 78% for Native Americans, 76% for Hispanics, and 66% for Blacks. The COVID-19 pandemic has also thrown state bar exams into crisis. Some states... 2022 yes
Darryl K. Brown BATSON v. ARMSTRONG: PROSECUTORIAL BIAS AND THE MISSING EVIDENCE PROBLEM 100 Oregon Law Review 357 (2022) Introduction. 358 I. Where and When are Prosecutors Biased?. 365 A. Evidence Linking Racial Bias and Prosecutorial Discretion. 365 B. Bias in Charges, Dismissals, Plea Bargains and Sentencing. 369 C. Bias in Jury Selection. 374 D. Implications for Equal Protection Litigation. 375 II. Batson v. Armstrong Doctrine. 376 A. Procedural Structure of... 2022  
Maggie Hadley BEHIND THE BLUE WALL OF SILENCE: RACIAL DISPARITIES IN NYPD DISCIPLINE 53 Columbia Human Rights Law Review 663 (Spring, 2022) This Note presents the first contemporary empirical study of racial disparities in New York City Police Department (NYPD) discipline. Historically, the NYPD, like many departments across the country, applied its enormous disciplinary discretion in secrecy. That changed in June of 2020, when New York City publicly released thousands of civilian... 2022  
Goldburn P. Maynard Jr. BIDEN'S GAMBIT: ADVANCING RACIAL EQUITY WHILE RELYING ON A RACE-NEUTRAL TAX CODE 131 Yale Law Journal Forum 656 (9-Jan-22) abstract. The American Rescue Plan Act was both a major infusion of economic aid to low-income and middle-class Americans and an opportunity for the Biden Administration to keep its promise to promote racial equity. This Essay analyzes ARPA's major provisions to determine their potential impact on racial equity. It argues that the Biden... 2022  
Glenn D. Walters, Department of Criminal Justice, Kutztown University CHANGES IN CRIMINAL THINKING FROM MIDADOLESCENCE TO EARLY ADULTHOOD: DOES TRAJECTORY DIRECTION MATTER? 46 Law and Human Behavior 154 (April, 2022) Objective: Although there is evidence of a strong age--crime relationship, there is little consensus as to why crime peaks in midadolescence and drops off in late adolescence or early adulthood, and there is virtually no information on how age interacts with other crime-related variables such as criminal thinking. The purpose of this study was to... 2022  
Krystle Okafor COMMUNITY OWNERSHIP IN NEW YORK CITY: THE HOUSING DEVELOPMENT FUND CORPORATION 30 New York University Environmental Law Journal 413 (2022) Community ownership refers to tenures and tactics for the shared acquisition, financing, development, rehabilitation, and stewardship of land and housing among residents in a local community. As the COVID-19 pandemic softens multifamily housing markets, tenant activists, policy advocates, and progressive legislators have trumpeted community-owned... 2022  
Thomas R. Hutchison COMPASSIONATE RELEASE, COVID-19, AND THE DANGEROUS FUTILITY OF THE FIRST STEP ACT'S ADMINISTRATIVE EXHAUSTION REQUIREMENT 25 Journal of Gender, Race and Justice 279 (Spring, 2022) C1-2Table of Contents I. Introduction. 280 II. Background. 286 A. Federal Prisons Generally and the Spread of Covid Within Them. 286 B. The Text, History, and Media Coverage of the First Step Act and Exhaustion Requirements Generally. 289 C. The History of Compassionate Release. 292 D. Circuit-Split on Waivability of the FSA's Administrative... 2022  
Stephanie Bornstein CONFRONTING THE RACIAL PAY GAP 75 Vanderbilt Law Review 1401 (October, 2022) For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... 2022  
Jacob Schuman CRIMINAL VIOLATIONS 108 Virginia Law Review 1817 (December, 2022) Violations of community supervision are major drivers of incarceration. Nearly four million people in the United States are serving terms of probation, parole, or supervised release, and one-third of them are eventually found in violation of a condition of their supervision, sending 350,000 people to prison each year. To reduce incarceration rates,... 2022  
Anthony Rychkov CRITICAL TAX THEORY: COMBATTING RACIAL AND INCOME INEQUALITY IN AMERICA 21 Seattle Journal for Social Justice 87 (Fall, 2022) Critical race theory holds that racism is not merely the product of individual bias and prejudices but also something embedded in legal systems and policies. This article will particularly discuss critical race theory and its effects on U.S. tax policies, something I would like to call critical tax theory. As Benjamin Franklin famously noted,... 2022  
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