AuthorTitleCitationSummaryYearKey Terms
Avlana K. Eisenberg POLICING THE DANGER NARRATIVE 113 Journal of Criminal Law and Criminology 473 (Summer, 2023) The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture--namely, how... 2023  
Ernesto Longa POLICING THE UNHOUSED 53 New Mexico Law Review 101 (Winter, 2023) On May 25, 2020, 911 dispatchers sent Minneapolis Police officers to a convenience store. The caller had reported that George Floyd, a 46-year-old Black man, had used a counterfeit $20 bill to purchase a pack of cigarettes. Officers took Floyd into custody and murdered him in the street. A month earlier, an Albuquerque police officer ordered Joleen... 2023  
Zachary T. Malcom, Marin R. Wenger, Brendan Lantz, College of Criminology and Criminal Justice, Florida State University POLITICS OR PREJUDICE? SEPARATING THE INFLUENCE OF POLITICAL AFFILIATION AND PREJUDICIAL ATTITUDES IN DETERMINING SUPPORT FOR HATE CRIME LAW 29 Psychology, Public Policy, and Law 182 (May, 2023) Hate crime legislation is a divisive issue in America. While many Americans agree that hate crime laws are necessary, roughly one-third of Americans do not support such legislation. Some research suggests that one reason for this variation in support may be differences in political attitudes. Other research suggests that variation in support may be... 2023  
Clare Huntington PRAGMATIC FAMILY LAW 136 Harvard Law Review 1501 (April, 2023) C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... 2023  
Christopher Slobogin PRESUMPTIVE USE OF PRETRIAL RISK ASSESSMENT INSTRUMENTS 72 American University Law Review Forum 133 (April, 2023) One proposed reform of the pretrial detention system is the adoption of risk assessment instruments to assist courts in determining who is at risk of reoffending or a flight risk. This Response to Professor Melissa Hamilton's Article, Modelling Pretrial Detention, proposes that under most circumstances the results of well-validated instruments... 2023  
Jordan Gross PRETRIAL JUSTICE IN OUT-OF-THE-WAY PLACES - INCLUDING RURAL COMMUNITIES IN THE BAIL REFORM CONVERSATION 84 Montana Law Review 159 (Summer, 2023) Introduction. 161 I. Defining Rural. 170 A. Metrics Relevant to Rural Bail Administration and Reform. 171 B. Urban and Rural Differences in Bail Administration. 175 II. Pretrial Release and Detention in the U.S.. 180 A. Bail Basics. 180 B. The Constitutional Right-to-Bail Divide. 187 III. Blueprint of Contemporary Bail Reform, Mapped onto Rural... 2023  
Brooke Hodgins PRETRIAL RELEASE, RISK ASSESSMENT, AND THE FAILING MOVEMENT TOWARDS A CASHLESS BAIL SYSTEM: THE NEED TO TARGET THE SOURCE 29 Cardozo Journal of Equal Rights & Social Justice 773 (Summer, 2023) C1-2Table of Contents I. Introduction. 773 II. Background. 777 A. Historical Context. 777 B. Bail and the Supreme Court. 780 III. Problem. 782 A. The First Bail Reform: Movement of the 1960s. 782 B. Modern Day Cash Bail System. 783 i. The Racially Discriminatory Impact of the Cash Bail System. 784 C. Modern Day Bail Reform. 786 IV. Proposal. 787 A.... 2023  
Christopher Levesque , Kimberly Horner , Linus Chan PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE 86 Albany Law Review 471 (2022-2023) In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United... 2023  
Hannah Shaffer PROSECUTORS, RACE, AND THE CRIMINAL PIPELINE 90 University of Chicago Law Review 1889 (November, 2023) This Article presents evidence that some state prosecutors use their discretion to reduce racial disparities in criminal sentences. This finding challenges the prevailing view that prosecutors compound disparities. Given prosecutors' positions as mediators in a sequential system, this Article analyzes how prosecutors respond to disparities they... 2023  
Adam Cowing RACE AND (DE)VALUATION IN HOUSING MARKETS 31 Journal of Affordable Housing & Community Development Law 305 (2023) Race Brokers: Housing Markets and Segregation in 21st Century Urban America Elizabeth Korver-Glenn Oxford University Press (2021) 240 pages; $99.00 (cloth); $27.95 (paper); $9.99 (ebook) As rising housing costs demand national attention, there is growing momentum to liberalize land use policies to improve affordability and remedy past exclusion.... 2023  
Uma Mazyck Jayakumar, William C. Kidder, Eddie Comeaux, Sherod Thaxton RACE AND PRIVILEGE MISUNDERSTOOD: ATHLETICS AND SELECTIVE COLLEGE ADMISSIONS IN (AND BEYOND) THE SUPREME COURT AFFIRMATIVE ACTION CASES 70 UCLA Law Review Discourse 230 (2023) Regardless of what the Supreme Court decides on the fate of affirmative action, this Essay highlights a need to address the unappreciated extent of advantage that the intercollegiate athletics system provides to affluent white students. Drawing on public data sets, we test for the presence of affluent white advantage via race-neutral preferences... 2023  
Bennett Capers , Gregory Day RACE-ING ANTITRUST 121 Michigan Law Review 523 (February, 2023) Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... 2023  
Lindsey M. Cole , Elizabeth A. Moschella-Smith , Paul J. Hennigan , Cesar J. Rebellon , Karen T. Van Gundy , Ellen S. Cohn RACIAL DIFFERENCES IN LEGAL SOCIALIZATION MODELS ACROSS ADOLESCENCE AND EMERGING ADULTHOOD 47 Law and Human Behavior 83 (February, 2023) Objective: White and non-White adolescents report different experiences in the legal system. This disparity impacts their evaluations of, and attitudes toward, legal authorities such that non-White and older adolescents tend to perceive the legal systemmore negatively. Yet, many researchers assume that the process of legal socialization, which... 2023  
Jack Thorlin RACIAL DIVERSITY AND LAW FIRM ECONOMICS 76 Arkansas Law Review 131 (2023) There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast--consider the rightfully mocked tendency of people to respond to... 2023  
Rachel F. Moran RACIAL EQUALITY, RELIGIOUS LIBERTY, AND THE COMPLICATIONS OF PLURALISM 50 Hastings Constitutional Law Quarterly 149 (March, 2023) C1-2Table of Contents I. Historical Injustices: The Meaning of Race. 150 II. Contemporary Wrongs and the Role of Racialization. 155 III. Demographic Change, Pluralism Anxiety, and the Challenges for Equality and Liberty. 162 IV. Conclusion. 166 2023  
Steven W. Bender RACIAL JUSTICE AND MARIJUANA 59 California Western Law Review 223 (Spring, 2023) Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... 2023  
Jennifer S. Hunt , Stephane M. Shepherd RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS 47 Law and Human Behavior 1 (February, 2023) Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... 2023  
Jessica Dixon Weaver RACIAL MYOPIA IN [FAMILY] LAW 132 Yale Law Journal Forum 1086 (4/30/2023) ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... 2023  
Yuvraj Joshi RACIAL TIME 90 University of Chicago Law Review 1625 (October, 2023) Racial time describes how inequality shapes people's experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon,... 2023  
Alisha Desai, Ryan Holliday, Lauren M. Borges, Rocky Mountain Mental Illness Research, Education, and Clinical Center for Suicide Prevention, U.S. Department of Veterans Affairs RACIAL, ETHNIC, AND SEX DIFFERENCES IN PSYCHIATRIC DIAGNOSIS, MENTAL HEALTH SEQUELAE, AND VHA SERVICE UTILIZATION AMONG JUSTICE-INVOLVED VETERANS 47 Law and Human Behavior 260 (February, 2023) Objective: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g.,... 2023  
Nan Li , Sascha Hein , Diana Quintana , Matthew Shelton , Elena L. Grigorenko RACIAL/ETHNIC DISPARITIES OF THE PACT IN PREDICTING RECIDIVISM AND COURT DISPOSITIONS FOR JUSTICE-INVOLVED YOUTH 47 Law and Human Behavior 422 (June, 2023) Objective: Responding to the concern about racial/ethnic disparities (R/ED) in the use of risk assessment instruments (RAIs) in justice systems, previous research has overwhelmingly tested the extent to which RAI scores consistently predict recidivism across race and ethnicity (predictive bias). However, little is known about R/ED in the... 2023  
Rebekah Diller , Mitali Nagrecha , Alicia Bannon REFLECTIONS ON FEES AND FINES AS STATEGRAFT 98 New York University Law Review Online 262 (April, 2023) Introduction. 263 I. Fees and Fines as Illegal Stategraft. 269 II. The Complicated Corruption of Fees-and-Fines Regimes. 272 III. Advocacy Against Fees and Fines: Beyond Illegality. 277 Conclusion. 281 2023  
Christopher Terry REGULATORY PARALYSIS: THE ANSWER TO THE UNANSWERABLE QUESTION OF FCC MINORITY OWNERSHIP POLICY 29 Michigan Technology Law Review 207 (Spring, 2023) For five decades, the Federal Communications Commission (FCC) has struggled to implement policies that promote minority ownership of broadcast stations. Four Prometheus decisions from the Third Circuit span a seventeen-year legal impasse that highlighted the agency's shortcomings on effective minority ownership policies. Now, after the Supreme... 2023  
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  
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  
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: michael.conklin@angelo.edu 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  
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  
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