AuthorTitleCitationSummaryYearKey Term in Title or Summary
Ion Meyn RACE-BASED REMEDIES IN CRIMINAL LAW 63 William and Mary Law Review 219 (October, 2021) This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring... 2021  
William Y. Chin RACIAL EQUALITY AND INEQUALITY IN AMERICA AND LESSONS FROM OTHER COUNTRIES 27 Cardozo Journal of Equal Rights & Social Justice 473 (Spring, 2021) C1-2Table of Contents I. Introduction. 474 II. Racial Equality Lessons from other Countries. 475 A. Abolish Law Enforcement's use of Neck Restraints. 476 B. Add Day Fines to the Range of Sanctions. 479 C. Promote and Reward Reading by Prisoners. 480 D. Offer a National Apology for Subjugating African Americans. 483 E. Assist Workers of Color by... 2021  
George Fisher RACIAL MYTHS OF THE CANNABIS WAR 101 Boston University Law Review 933 (May, 2021) Modern histories of the drug war coalesce around the premise that early antidrug laws took rise from racial animus. Lawmakers banned opium, the theory goes, because Chinese miners and railroad workers brought it here; cocaine because African Americans made it their drug of choice; and marijuana because migrant Mexicans cast its seeds north of the... 2021 Yes
Michael Conklin RACIAL PREFERENCES IN COVID-19 VACCINATION: LEGAL AND PRACTICAL IMPLICATIONS 5 Howard Human & Civil Rights Law Review 141 (Spring, 2021) I don't think we should ask doctors to remedy past discrimination. They can't do it, except haphazardly. And it's not their job. A doctor ought to consider a patient's present medical needs and nothing else: not her sex, not her race, not her long-term disabilities, not whether her mother loves her, not any fact about her, save as relevant to her... 2021  
Yuvraj Joshi RACIAL TRANSITION 98 Washington University Law Review 1181 (2021) The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... 2021  
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021  
Matiangai Sirleaf RACIAL VALUATION OF DISEASES 67 UCLA Law Review 1820 (April, 2021) Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... 2021  
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021  
Charlene Galarneau , Ruqaiijah Yearby RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 211 (2021) Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... 2021  
Erika George , Jena Martin , Tara Van Ho RECKONING: A DIALOGUE ABOUT RACISM, ANTIRACISTS, AND BUSINESS & HUMAN RIGHTS 30 Washington International Law Journal 171 (March, 2021) Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights.... 2021  
Alexandra Lauren Horn, Esq. RECOGNIZING PERSECUTION IN U.S. CRIMINAL JUSTICE AND CAPITAL PUNISHMENT: A POTENTIAL PATH TO ASYLUM RELIEF FOR U.S. NATIONALS 32 Florida Journal of International Law 369 (Spring, 2021) In 2020, amidst a global pandemic, political chaos, and economic recession, the killings of George Floyd and Breonna Taylor, among too many others, brought international attention and outrage to the institutionalized racism which characterizes the U.S. criminal justice system. In a country that claims itself the leader of the free world, people... 2021  
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021 Yes
Christina Payne-Tsoupros REMOVING POLICE FROM SCHOOLS USING STATE LAW HEIGHTENED SCRUTINY 17 Northwestern Journal of Law & Social Policy 1 (Fall, 2021) This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal... 2021  
Seema Mohapatra, JD, MPH REPRODUCTIVE INJUSTICE AND COVID-19 50 Stetson Law Review 389 (Spring, 2021) In the midst of a global pandemic and horrifying examples of police injustice in the summer of 2020, the Supreme Court added to the pain by delivering several blows to reproductive justice. Although June Medical v. Russo was a technical victory, the dissenting and concurring opinions, written by five men, made clear that the majority of the Court... 2021  
Nicole Hallett RETHINKING PROSECUTORIAL DISCRETION IN IMMIGRATION ENFORCEMENT 42 Cardozo Law Review 1765 (September, 2021) Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante,... 2021  
Stacy Hawkins REVERSE INTEGRATION: CENTERING HBCUS IN THE FIGHT FOR EDUCATIONAL EQUALITY 24 University of Pennsylvania Journal of Law and Social Change 351 (2021) School integration as a means of achieving educational equality has in many ways failed. It is a great irony that the case most celebrated for dismantling our dual system of racialized education in America, Brown v. Board of Education, has wrought at best mixed results for true educational equality. One underutilized resource in the... 2021  
Jacob Schuman REVOCATION AND RETRIBUTION 96 Washington Law Review 881 (October, 2021) Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that mass supervision has... 2021  
  RIGHT TO A JURY TRIAL 50 Georgetown Law Journal Annual Review of Criminal Procedure 651 (2021) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2021  
Jonathan Andrew Perez RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM 24 Journal of Gender, Race and Justice 87 (Spring, 2021) I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... 2021  
Osamudia James RISKY EDUCATION 89 George Washington Law Review 667 (May, 2021) Inequality in American education is not only about race and class. Rather, it is also about risk: the systematic way in which parents and caregivers deal with the hazards and insecurities induced and introduced by the state's abdication of responsibility for public education, particularly against a backdrop of rising economic and social insecurity... 2021  
Emily Prifogle RURAL SOCIAL SAFETY NETS FOR MIGRANT FARMWORKERS IN MICHIGAN, 1942-1971 46 Law and Social Inquiry 1022 (November, 2021) In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers' private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid... 2021  
Vincent R. Johnson II, M.A. SAMPLING AS TRANSFORMATION: RE-EVALUATING COPYRIGHT'S TREATMENT OF SAMPLING TO END ITS DISPROPORTIONATE HARM ON BLACK ARTISTS 70 American University Law Review Forum 227 (May, 2021) The copyright doctrine governing the creation, publication, and sale of sample-based music makes it devastatingly expensive for artists to clear the samples that they use in their music. Consequently, most artists, aside from established artists with access to the deep pockets of their record labels, simply cannot afford to produce and release... 2021  
Thalia González , Emma Kaeser SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE 74 SMU Law Review Forum 118 (August, 2021) Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... 2021  
Deseriee Kennedy SEEKING ECONOMIC JUSTICE IN THE FACE OF ENDURING RACISM 33 Loyola Consumer Law Review 339 (2021) In 1967, Dr. Martin Luther King, Jr. gave a speech to Stanford University students about economic injustice titled The Other America. In that speech, Dr. Martin Luther King, Jr. stated that there are literally two Americas. One America is beautiful . in this America millions of young people grow up in the sunlight of opportunity. But tragically... 2021  
Emily A. Benfer , James Bhandary-Alexander , Yael Cannon , Medha D. Makhlouf , Tomar Pierson-Brown SETTING THE HEALTH JUSTICE AGENDA: ADDRESSING HEALTH INEQUITY & INJUSTICE IN THE POST-PANDEMIC CLINIC 28 Clinical Law Review 45 (Fall, 2021) The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States--including in access to justice,... 2021  
Gail Heriot, Alexander Heideman SHOULD THE SUPREME COURT TAKE NOTE OF "TH' ILICTION RETURNS" NEXT TIME IT ADDRESSES RACE-PREFERENTIAL ADMISSIONS POLICIES? 22 Federalist Society Review 72 (March 23, 2021) Civil Rights Practice Group Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the authors. Whenever we publish an article that advocates for a particular position, we offer links to other perspectives on the issue, including ones opposed to the... 2021  
Maja Tosic SHUTTING DOWN THE SCHOOL-TO-PRISON PIPELINE 94 Southern California Law Review Postscript 80 (April, 2021) When a student misbehaves, race plays a role in how harshly the student is disciplined. Given the long history of racial discrimination in the United States, as well as prevalent implicit biases, Black and Latino students are disciplined at higher rates with stiffer punishments than their white peers. This higher level of discipline leads to a... 2021 Yes
R.A. Lenhardt , Kimani Paul-Emile SKIMMED MILK: REFLECTIONS ON RACE, HEALTH, AND WHAT FAMILIES TELL US ABOUT STRUCTURAL RACISM 57 California Western Law Review 231 (Spring, 2021) Andrea Freeman's excellent book, Skimmed: Breastfeeding, Race, and Injustice, offers a complex and nuanced account of the racial politics of breastfeeding and the problem of food insecurity more broadly. Freeman analyzes these issues through the lens of the Fultz family, whose quadruplet daughters sit at the center the book. Weaving together... 2021  
Andrea Freeman SKIMMED REVISITED 57 California Western Law Review 331 (Spring, 2021) I did not get the chance to visit Reidsville, North Carolina, until after I submitted the last edits on Skimmed. Within minutes of setting foot in the town, I understood how such a terrible thing could have happened to the Fultz sisters there, in their birthplace. My first stop was Annie Penn Memorial Hospital (now Cone Health), where Annie Mae... 2021  
Amanda Charbonneau , Jack Glaser SUSPICION AND DISCRETION IN POLICING: HOW LAWS AND POLICIES CONTRIBUTE TO INEQUITY 11 UC Irvine Law Review 1327 (August, 2021) Introduction. 1327 I. Police Stops and Searches. 1328 A. The Reasonable Suspicion Standard. 1328 B. Police Department Policies. 1331 II. Human Judgment and Disparate Treatment. 1334 A. California Law Enforcement Agencies. 1338 B. New York City Police Department. 1342 C. United States Customs. 1344 D. Discussion and Limitations. 1345 IV. Reimagining... 2021  
A. Mechele Dickerson SYSTEMIC RACISM AND HOUSING 70 Emory Law Journal 1535 (2021) After the Great Depression and World War II, political leaders in this country enacted laws and adopted policies that made it easy for families to buy homes and increase their household wealth. This housing relief was limited to whites, though. Blacks and Latinos have always struggled to buy homes or even find safe and affordable rental housing.... 2021 Yes
Ruqaiijah Yearby , Seema Mohapatra SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 70 Emory Law Journal 1419 (2021) During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... 2021  
Kimberly Mutcherson TAKING OUR SPACE: WOMEN OF COLOR AND ANTIRACISM IN LEGAL ACADEMIA 73 Rutgers University Law Review 869 (Spring, 2021) [I]f I didn't define myself for myself, I would be crunched into other people's fantasies for me and eaten alive. Space--physical and metaphorical--is at the center of the collection of essays by women of color law professors and deans in this volume. The authors wrote their essays in contemplation of a roundtable discussion held virtually at... 2021  
Bridget J. Crawford , Wendy C. Gerzog TAX BENEFITS, HIGHER EDUCATION, AND RACE: A GIFT TAX PROPOSAL FOR DIRECT TUITION PAYMENTS 72 South Carolina Law Review 783 (Spring, 2021) I. Introduction. 784 II. Higher Education Costs. 791 A. Tuition and Fees. 791 B. Student Debt and Loan Repayment. 792 III. Tax Benefits for Higher Education. 794 A. Overview of Income Tax Benefits. 794 B. Overview of Wealth Transfer Tax Benefits. 796 C. Tax Expenditures for Education. 799 IV. Aproposal to Eliminate Tax Benefits for Direct Payments... 2021  
Shayak Sarkar TAX LAW'S MIGRATION 62 Boston College Law Review 2209 (October, 2021) Introduction. 2210 I. Historic Taxation to Shape Migration and Migrants. 2216 A. Colonies of Migrant Taxation. 2217 B. Taxation and Migration Beyond the Colonies. 2219 C. Modern Migration and the Public Fisc. 2223 II. Contemporary Instances of Tax Law's Migration. 2227 A. Pandemic Relief. 2227 1. Round One of Pandemic Relief and Constitutional... 2021  
Mekonnen Firew Ayano TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET 28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... 2021  
Benjamin Afton Cavanaugh TESTING PRIVILEGE: COACHING BAR TAKERS TOWARDS "MINIMUM COMPETENCY" DURING THE 2020 PANDEMIC 23 Scholar: St. Mary's Law Review on Race and Social Justice 357 (2021) I. The History of the Bar Exam as a Tool of Exclusion. 364 A. The Rise of the Modern Bar Exam. 365 B. An Ongoing Tool for Exclusion. 375 C. The 2020 Problem. 379 II. Coaching for Bar Success in a Pandemic. 387 Conclusion. 408 2021  
Pedro A. Malavet THE ACCIDENTAL CRIT III: THE UNBEARABLE LIGHTNESS OF BEING . PEDRO? 22 Rutgers Race & the Law Review 247 (2021) C1-2Table of Contents I. Introduction: Names, Titles and Academic Survival. 249 II. How did you get to your current position?. 255 III. Why did you stay?. 281 IV. Conclusion: Reveling in Law Geekness. 289 2021  
Nicci Arete THE BAR EXAM'S CONTRIBUTION TO SYSTEMIC INEQUALITIES IN ACCESS TO JUSTICE AROUND THE WORLD 30 Washington International Law Journal 324 (March, 2021) Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession's goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the... 2021  
Eliana Machefsky THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA 109 California Law Review 1959 (October, 2021) In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... 2021 Yes
Eddie Bernice Johnson , Lawrence J. Trautman THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA 48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... 2021  
Janel A. George THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION 22 Rutgers Race & the Law Review 189 (2021) Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... 2021  
Ezra Rosser THE EUCLID PROVISO 96 Washington Law Review 811 (October, 2021) This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning's second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous... 2021  
Mirit Eyal-Cohen THE ILLUSORY PROMISE OF FREE ENTERPRISE: A PRIMER TO PROMOTING RACIALLY DIVERSE ENTREPRENEURSHIP 70 Emory Law Journal 1577 (2021) The U.S. Census reports that Minority business ownership exceeds the corresponding racial makeup of U.S. demographics. Based on these figures, the principle of free enterprise seems to be acting on equal grounds. Could entrepreneurship be the social panacea for abolishing racial biases and the inequality gap? This Essay argues that this parity of... 2021  
Michelle A. Kain THE IMPACT OF MARIJUANA DECRIMINALIZATION ON LEGAL PERMANENT RESIDENTS: WHY LEGALIZING MARIJUANA AT THE FEDERAL LEVEL SHOULD BE A HIGH PRIORITY 62 Boston College Law Review 2057 (June, 2021) Although the federal government has remained firmly committed to prohibiting marijuana, many states have legalized the drug for either medical or recreational use. Others have merely decriminalized it, lowering the penalties associated with its use such that defendants charged with marijuana-related offenses are less likely to face... 2021  
Ian Ayres , Brendan Costello , Elizabeth Villarreal THE IMPACT OF STUDENT ASSISTANCE ON THE GRANTING AND SERVICE OF TEMPORARY RESTRAINING ORDERS 53 Connecticut Law Review 235 (May, 2021) Temporary Restraining Orders (TROs) provide victims of domestic violence temporary ex parte court-ordered protection against further abuse. Because the vast majority of TRO applications are filed pro se, legal and logistical hurdles often prevent deserving applicants from receiving the legal protection to which they are entitled. Chief among... 2021  
Lance Currie, Amy Iannone, Claudia Mandato THE INTERSECTION OF INCLUSION, DIVERSITY, AND RISK MANAGEMENT IN THE CONSTRUCTION INDUSTRY 41-WTR Construction Lawyer 23 (Winter, 2021) Many construction companies are embracing the need for a vibrant and diverse workforce, making strong efforts to build diverse and inclusive cultures. Study after study shows profitability and ingenuity are directly tied to inclusivity and diversity, as diverse peoples spark innovative ideas. Beyond the benefits, companies also recognize the risks... 2021  
Yong-Shik Lee THE LAST CALL FOR CIVIL RIGHTS: TOWARD ECONOMIC EQUALITY 37 Georgia State University Law Review 1265 (Summer, 2021) Over six decades have passed since the civil rights movement began in the mid-1950s, but American society has not yet fully realized the promise of the civil rights movement, which at its core embodies the protection and promotion of equity and dignity of all people. Despite the historic improvements that accord the legal protection of equal rights... 2021  
David E. Bernstein THE MODERN AMERICAN LAW OF RACE 94 Southern California Law Review 171 (January, 2021) C1-2TABLE OF CONTENTS INTRODUCTION. 172 I. THE MODERN HISTORY OF FEDERAL RACIAL AND ETHNIC CATEGORIES. 187 A. Pre-1964: Official Minority Categories Emerge. 187 B. The 1964 Civil Rights Act and its Aftermath. 190 C. The Nixon Administration: The Philadelphia Plan, the Small Business Administration, the Interagency Commission, and the Origins of the... 2021  
Aníbal Rosario Lebrón THE OUROBOROS OF IDENTITY POLITICS 30 Tulane Journal of Law & Sexuality 131 (2021) The major events of 2020, from the significant support of Black Lives Matter (BLM), the never-ending controversies over the use of Latinx, the elections, the decision in Bostock v. Clayton County, to the response to the COVID-19 pandemic, seem to be inextricably linked to identity politics. Throughout the year, we have been constantly immersed in... 2021 Yes
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