Author | Title | Citation | Summary | Year | Key Terms |
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 |
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 |
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 |
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 |
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 |
Kristen Underhill, Olatunde C.A. Johnson |
VACCINATION EQUITY BY DESIGN |
131 Yale Law Journal Forum 53 (September 18, 2021) |
This Essay examines how states' initial COVID-19 vaccine-distribution strategies tended to disadvantage populations of color, including Black, Latinx, and Native American communities. These dynamics resonate with inverse equity effects of other public-health innovations. We argue for a federal regulatory framework to reduce... |
2021 |
Yes |
Sarah Fishel |
"BE A LIE IF I TOLD YOU THAT I NEVER THOUGHT OF DEATH": USING JUDICIAL DISCRETION TO CONSIDER ANTICIPATED EARLY DEATH DURING SENTENCING |
13 Drexel Law Review 707 (2021) |
Prevalent in street culture for generations, the idea that youth who are subject to daily violence internalize that chaos into an expectation of dying young is fairly new to social-legal settings. Anticipated early death has been advanced as a theory in recent years by researchers who argue that youth exposed to this violence and chaos early in... |
2021 |
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Michael Heise, Jason P. Nance |
"DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS |
111 Journal of Criminal Law and Criminology 717 (Summer, 2021) |
Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... |
2021 |
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Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell Law Review 171 (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
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Angela Onwuachi-Willig, Anthony V. Alfieri |
(RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 |
130 Yale Law Journal 2052 (June, 2021) |
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... |
2021 |
|
Carrie L. Rosenbaum |
(UN)EQUAL IMMIGRATION PROTECTION |
50 Southwestern Law Review 231 (2021) |
L1-3Table of Contents I. Introduction. 231 II. Equal Protection Intent Doctrine. 236 III. Immigration UnEqual Protection. 243 A. Equal Protection Challenges to Alienage Laws. 245 B. Equal Protection Challenges to Racially Discriminatory Immigration Laws. 246 IV. DHS v. Regents - Intentional Blindness Redoubled. 253 V. Conclusion. 260 |
2021 |
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Christopher Burton |
3/5THS TO 1/10TH, HOW TO MAKE BLACK AMERICA WHOLE: EXPLORING CONGRESSIONAL ACT H.R.40--COMMISSION TO STUDY AND DEVELOP REPARATION PROPOSALS FOR AFRICAN-AMERICANS ACT |
54 UIC John Marshall Law Review 530 (Summer, 2021) |
I. Introduction. 530 II. Background. 535 A. What Is H.R. 40?. 535 B. Historic Economic Disparities Among Black and White Americans. 537 1. The New Deal and Jim Crow. 538 2. The Racist Execution of the G.I. Bill. 541 C. History of Past Proposed Reparation Acts in the United States.. 544 1. Reparations to Japanese Americans Interned During World War... |
2021 |
|
Desirée D. Mitchell |
A CLASS OF ONE: MULTIRACIAL INDIVIDUALS UNDER EQUAL PROTECTION |
88 University of Chicago Law Review 237 (January, 2021) |
When it comes to recognizing multiracial individuals under the Equal Protection Clause, courts have fallen short. Only rarely do courts explicitly identify multiracial plaintiffs as just that--multiracial. Instead, the majority of courts revert to a one-drop rule in which they view plaintiffs as only one part of their self-identified racial... |
2021 |
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Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
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Aglae Eufracio |
A HUMAN RIGHTS CRISIS UNDER OUR ROOF |
23 Scholar: St. Mary's Law Review on Race and Social Justice 201 (2021) |
Introduction. 201 I. Nicaragua: Daniel Ortega Seized a Country. 205 II. Guinea: A Young Country Without Peace. 212 III. United States of America: A Country That Can't Breathe. 220 Conclusion. 232 |
2021 |
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Taleed El-Sabawi , Jennifer J. Carrolla |
A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE |
94 Temple Law Review 1 (Fall, 2021) |
Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... |
2021 |
|
Caroline M. Gelinne |
A TRIP DOWN LEGISLATIVE MEMORY LANE: HOW THE FMLA CHARTS A PATH FOR POST-COVID-19 PAID LEAVE REFORM |
62 Boston College Law Review 2515 (October, 2021) |
Before the COVID-19 pandemic, the United States was the only highly-developed nation in the world not to guarantee paid family and medical leave (PFML) for its citizens. In 2020, during the early days of the pandemic, Congress passed temporary PFML to alleviate the hardship on families forced to choose between health and a paycheck. That... |
2021 |
|
Lisa Kelly |
ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE |
17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) |
The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... |
2021 |
|
Rory Svoboda |
ADDRESSING RACIAL DISPARITIES IN TREATMENT FOR OPIOID USE DISORDER ON CHICAGO'S WEST SIDE |
30 Annals of Health Law Advance Directive 279 (Spring, 2021) |
The opioid epidemic began in the 1990s and has since persisted with ferocity, wreaking havoc across the nation. Opioids are a class of drugs used to treat pain and can come in the form of prescription opioids, fentanyl, or heroin. Millions of Americans have felt the devastating effects of addiction to these drugs with white people, specifically... |
2021 |
|
Nicolás Quaid Galván |
ADOPTING THE CUMULATIVE HARM FRAMEWORK TO ADDRESS SECOND-GENERATION DISCRIMINATION |
11 Columbia Journal of Race and Law 147 (January, 2021) |
Analytical frameworks of constitutional review vary. One framework is the cumulative harm framework. This method examines the entirety of harm experienced by an individual to determine whether the harms rise to the level of a constitutional violation. For example, in the context of one's right to a fair trial, a reviewing court will aggregate the... |
2021 |
|
Jim Hawkins , Tiffany C. Penner |
ADVERTISING INJUSTICES: MARKETING RACE AND CREDIT IN AMERICA |
70 Emory Law Journal 1619 (2021) |
Access to affordable credit played a central role in the Civil Rights Movement. But today, racial and ethnic minorities oversubscribe to high-cost lending products like payday loans and underuse more affordable credit options that traditional banks offer. These trends remain even when controlling for demographic variables like income, credit score,... |
2021 |
|
Loren M. Lee |
AFFIRMATIVE INACTION: A QUANTITATIVE ANALYSIS OF PROGRESS TOWARD "CRITICAL MASS" IN U.S. LEGAL EDUCATION |
119 Michigan Law Review 987 (March, 2021) |
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for... |
2021 |
|
Richard Delgado , Jean Stefancic |
AGAINST EQUALITY: A CRITICAL ESSAY FOR THE NAACP AND OTHERS |
48 Hastings Constitutional Law Quarterly 235 (Winter, 2021) |
C1-2Table of Contents Introduction. 236 I. Structural Hurdles. 240 A. Forms of Treatment Unique to One Group. 240 B. Neglecting the Frame or Field. 242 1. Tucson School Controversy. 242 2. Brown v. Board of Education. 244 3. Immigration and Deportation. 245 II. Conceptual Limits on Enforcing Decrees. 245 A. Disbelief. 245 B. Colorblindness. 247 C.... |
2021 |
|
Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
|
Henry F. Fradella , Weston J. Morrow , Michael D. White |
AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES |
21 Nevada Law Journal 1151 (Spring, 2021) |
C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... |
2021 |
|
Stephen Rushin, Griffin Edwards |
AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING |
73 Stanford Law Review 637 (March, 2021) |
This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... |
2021 |
|
Leona D. Jochnowitz , Tonya Kendall |
ANALYZING WRONGFUL CONVICTIONS BEYOND THE TRADITIONAL CANONICAL LIST OF ERRORS, FOR ENDURING STRUCTURAL AND SOCIOLOGICAL ATTRIBUTES, (JUVENILES, RACISM, ADVERSARY SYSTEM, POLICING POLICIES) |
37 Touro Law Review 579 (2021) |
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness... |
2021 |
|
Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
|
Lindsay M. Harris , Hillary Mellinger |
ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA |
56 Wake Forest Law Review 733 (2021) |
We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... |
2021 |
|
Nathalie Martin |
BAD APPLES OR A ROTTEN TREE: AMELIORATING THE DOUBLE PANDEMIC OF COVID-19 AND RACIAL ECONOMIC INEQUALITY |
82 Montana Law Review 105 (Winter, 2021) |
Black Lives Matter signs pepper our rural, middle class neighborhood. Like many of the neighborhoods in my town, there are few Black Americans living nearby. The signs are a symbol of the desire to do something, finally, about systemic racism. There are other subtle shifts occurring as well. More books on racism top bestsellers lists and more ads... |
2021 |
|
Cynthia Alkon |
BARGAINING WITHOUT BIAS |
73 Rutgers University Law Review 1337 (Summer, 2021) |
C1-2Table of Contents Introduction. 1338 I. Plea Bargaining is Largely Unsupervised. 1340 A. The Process of Plea Bargaining. 1342 B. Limits on Prosecutorial Power in Plea Bargaining. 1343 II. Racial Disparities are Exacerbated in Plea Bargaining. 1344 III. The Importance, and Possible Bias, of the First Offer. 1347 IV. Possible Fixes: Structural... |
2021 |
|
Elizabeth Kukura |
BETTER BIRTH |
93 Temple Law Review 243 (Winter, 2021) |
Although the recent focus on maternal mortality has highlighted the problem of poor health outcomes for childbearing women and their babies, especially in communities of color, adverse outcomes are only one of many indications that mainstream maternity care often fails pregnant people and their families. Other signs that maternity care reform is... |
2021 |
|
Anne D. Gordon |
BETTER THAN OUR BIASES: USING PSYCHOLOGICAL RESEARCH TO INFORM OUR APPROACH TO INCLUSIVE, EFFECTIVE FEEDBACK |
27 Clinical Law Review 195 (Spring, 2021) |
As teaching faculty, we are obligated to create an inclusive learning environment for all students. When we fail to be thoughtful about our own bias, our teaching suffers - and students from under-represented backgrounds are left behind. This paper draws on legal, pedagogical, and psychological research to create a practical guide for clinical... |
2021 |
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Khiara M. Bridges |
BEYOND TORTS: REPRODUCTIVE WRONGS AND THE STATE: BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE REMAKING REPRODUCTION AND THE LAW, BY DOV FOX. NEW YORK: OXFORD UNIVERSITY PRESS, 2019. PP. 265. $44.00 |
121 Columbia Law Review 1017 (April, 2021) |
In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox schematizes the concept of reproductive negligence (also called reproductive wrongs) into three categories: procreation imposed, procreation deprived, and procreation confounded. This Book Review aims to extend Fox's analysis by looking beyond... |
2021 |
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Cristal Nova |
BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE |
30 Annals of Health Law Advance Directive 231 (Spring, 2021) |
The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... |
2021 |
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Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
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Anthony J. LoPresti |
BLURRING THE LINES: HOW CONSOLIDATING SCHOOL DISTRICTS CAN COMBAT NEW JERSEY'S PUBLIC-SCHOOL SEGREGATION PROBLEM |
45 Seton Hall Legislative Journal 235 (2021) |
Diversity in classrooms is essential; students can learn about cultural differences and enhance their academic experience. Yet, despite the landmark Supreme Court case Brown v. Board of Education, public-school segregation still haunts states across America. De facto segregation refers to segregation that exists in practice, without being ordered... |
2021 |
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Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... |
2021 |
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Beau Kilmer , Jonathan P. Caulkins , Michelle Kilborn , Michelle Priest , Kristin M. Warren |
CANNABIS LEGALIZATION AND SOCIAL EQUITY: SOME OPPORTUNITIES, PUZZLES, AND TRADE-OFFS |
101 Boston University Law Review 1003 (May, 2021) |
Cannabis prohibition has created disparate harms--especially for Black, Indigenous, and People of Color (BIPOC)--largely through arrest disparities for possession and their downstream effects. Addressing inequities is increasingly featured in discussions to legalize cannabis supply and adult possession for nonmedical purposes. While there is... |
2021 |
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Brian Elzweig |
CASTE DISCRIMINATION AND FEDERAL EMPLOYMENT LAW IN THE UNITED STATES |
44 University of Arkansas at Little Rock Law Review 57 (Fall, 2021) |
In 2020, the California Department of Fair Employment and Housing (CDFEH) brought a case against Cisco Systems, Inc. (Cisco) and two of its employees on behalf of a John Doe plaintiff for discrimination and harassment based on religion, ancestry, national origin/ethnicity, and race/color. It was claimed that the discrimination and harassment... |
2021 |
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Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
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Deborah A. Widiss |
CHOSEN FAMILY, CARE, AND THE WORKPLACE |
131 Yale Law Journal Forum 215 (November 5, 2021) |
Although federal law offers, at best, unpaid time off work to care for family members with medical needs, recently enacted state laws guarantee paid leave. This Essay argues the laws are groundbreaking in their inclusion of nonmarital partners, extended family, and other chosen family, and it proposes strategies for effective... |
2021 |
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Emma Silberstein |
CLASS ARBITRATION WAIVERS CANNOT BE FOUND UNCONSCIONABLE: A PERVASIVE AND COMMON "MIS-CONCEPCION" |
116 Northwestern University Law Review 875 (2021) |
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostility towards arbitration agreements, providing a mechanism for the enforcement of such agreements. The Supreme Court's treatment and application of the FAA has evolved over time, and in recent decades the FAA has been massively extended to... |
2021 |
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Naomi Mann |
CLASSROOMS INTO COURTROOMS |
59 Houston Law Review 363 (Fall, 2021) |
The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... |
2021 |
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Laurie L. Levenson |
CLIMATE CHANGE AND THE CRIMINAL JUSTICE SYSTEM |
51 Environmental Law 333 (Summer, 2021) |
The past decade has been the warmest in history. But while there has been a great deal of attention paid to infrastructure sustainability issues, less attention has been focused on the impact of climate change on our criminal justice system. This Article anticipates how climate change will affect and create new challenges for law enforcement,... |
2021 |
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Aisha Green |
COMPARING DADD v. ANOKA COUNTY WITH CORBITT v. VICKERS: WHY DEFENDANTS SHOULD BEAR THE BURDEN OF ESTABLISHING QUALIFIED IMMUNITY IN A MOTION TO DISMISS |
70 American University Law Review 2091 (August, 2021) |
In the wake of last summer's George Floyd protests, qualified immunity is once again at the forefront of the debate. Officials, such as police officers, can raise qualified immunity as an affirmative defense in response to allegations that they have violated an individual's constitutional rights. The different interpretations of qualified... |
2021 |
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Tim O'Brien |
COMPOUNDING INJUSTICE: THE CASCADING EFFECT OF ALGORITHMIC BIAS IN RISK ASSESSMENTS |
13 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Winter, 2021) |
The increasing pervasiveness of algorithmic tools in criminal justice has led to an increase in research, legal scholarship, and escalating scrutiny of automated approaches to consequential decisionmaking. A key element of examination in literature focuses on racial bias in algorithmic risk assessment tools and the correlation to higher likelihoods... |
2021 |
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Almas Sayeed |
CONFRONTING OUR RACIST EXCLUSIONS: THE ROLE OF STATES IN REPAIRING, REIMAGINING AND RECONSTITUTING THE SOCIAL CONTRACT |
39 Yale Law and Policy Review 593 (Spring, 2021) |
The dual crises of the Coronavirus pandemic and Black-led uprisings catalyzed by the murder of George Floyd and many others cast a spotlight on the failure of the systems in place to support communities of color. This failure raises many questions about the resilience of the country's health and economic systems. It also prompts deep questions... |
2021 |
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Katherine Elizabeth Holloway |
CONSEQUENCES OF POLICE IN SCHOOLS: THE CRIMINALIZATION OF CHILDREN IN AN ERA OF MASS INCARCERATION |
19 Hastings Race and Poverty Law Journal 3 (Winter 2021) |
I. Introduction. 5 II. The Historical Development of Police Presence in Schools. 7 III. Contemporary Police Presence in Schools. 12 A. The Role of School Resource Officers in Schools. 13 B. The Reality of School Resource Officers in Schools. 14 C. Impact of School-Based Police on School Safety. 17 D. The Role of School-Based Police in the... |
2021 |
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Michael C. Dorf |
CONSTITUTIONAL COURTS IN DEFECTIVE DEMOCRACIES |
62 Virginia Journal of International Law Online 47 (2021) |
Constitutional courts exercising the power to invalidate the outputs of elected bodies can strengthen the liberal democratic character of the polities they serve in three main ways: by reinforcing representation; protecting human rights, particularly those of members of socially disadvantaged groups; and promoting the political system's stability... |
2021 |
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