AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Katherine Murray AMERICA'S FOOTNOTE: INTERNATIONAL INTERVENTION REQUIRED TO DECOLONIZE GUAM 56 University of Miami Inter-American Law Review 31 (Fall, 2024) I. Introduction. 33 A. The United States' Role as a Colonizer. 34 B. Guam's Fight for Self-Governance. 36 C. Davis v. Guam. 38 D. Self-Determination Under International Law. 40 i. Self-Determination and Decolonization. 40 ii. Theories of Self Determination. 42 II. Background. 44 A. America's Footnote: Exploring the United States' Relationship to... 2024  
Sidney D. Watson COMMUNITY ENGAGEMENT, PUBLIC REPORTING, AND FINANCIAL INCENTIVES: LESSONS FROM MICHIGAN ON TACKLING RACIAL AND ETHNIC DISPARITIES IN MEDICAID MANAGED CARE 23 Houston Journal of Health Law & Policy 111 (2024) Introduction. 112 I. Medicaid, health care disparities, and equity-focused quality improvement. 115 II. HHS drops the ball: The lack of federal guidance on collecting and reporting race and ethnicity data to support quality improvement efforts. 119 III. Michigan's Long Experience. 128 IV. Lessons from Michigan. 139 Conclusion. 142 2024  
Taylor Smith COVID-19: A XENOPHOBIC PANDEMIC--A GUIDE TO DECREASE THE NUMBER OF HATE CRIMES DIRECTED TOWARDS ASIAN AMERICANS AND PACIFIC ISLANDERS 25 Loyola Journal of Public Interest Law 107 (Spring, 2024) Once an unprecedented pandemic, COVID-19, was characterized as the Chinese Virus and the Kung Flu by former President Trump, centuries-old xenophobic attitudes and racial injustices towards Asian Americans and Pacific Islanders (AAPIs) were reignited with a dramatic increase in hate incidents and crimes. However, unlike COVID-19, there is... 2024 Yes
Deniz Aritürk, Michele M. Easter, Jeffrey W. Swanson, Marvin S. Swartz DIVERSION TO TREATMENT WHEN TREATMENT IS SCARCE: BIOETHICAL IMPLICATIONS OF THE U.S. RESOURCE GAP FOR CRIMINAL DIVERSION PROGRAMS 52 Journal of Law, Medicine & Ethics 65 (Spring, 2024) Keywords: Community Mental Health Services, Criminal Legal System, Diversion To Treatment, Behavioral Health, Substance Use, Mental Illness Précis: Despite significant scholarship, research, and funding dedicated to implementing criminal diversion programs over the past two decades, persons with serious mental illness and substance use disorders... 2024  
Yael Zakai Cannon EQUITABLE THRIVING: A LIFECOURSE APPROACH TO MATERNAL AND CHILD HEALTH JUSTICE 113 Georgetown Law Journal 253 (December, 2024) Black women are at least three times more likely to die due to a pregnancy-related cause than White women. Grave racial disparities also abound in severe maternal morbidity, or significant unexpected health consequences of labor and delivery. The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, eliminating the... 2024  
June Carbone , Clare Huntington FATHERHOOD, FAMILY LAW, AND THE CRISIS OF BOYS AND MEN 124 Columbia Law Review 2153 (November, 2024) Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis--which is concentrated among men without... 2024  
Vince Chang HOW ASIAN AMERICANS FOUGHT BACK AGAINST HATE--AND WON 96-FEB New York State Bar Journal 17 (January/February, 202) Congress determined that hate crimes have reverberating effects, not only for the targeted community but also for the nation. The Supreme Court has held that the widespread, systemic effects of hate crimes are significant enough to justify the use of enhanced sentences .. Additionally, these enhanced sentences for hate crimes are often seen as... 2024  
Jordana R. Goodman , Paul R. Gugliuzza , Rachel Rebouché INEQUALITY ON APPEAL: THE INTERSECTION OF RACE AND GENDER IN PATENT LITIGATION 58 U.C. Davis Law Review 829 (December, 2024) Today, roughly 40% of U.S. lawyers are women, 15% are people of color, and 8% are women of color. Yet people of color, and women of all racial identities, rarely climb to the most elite levels of law practice. This Article, based on a first-of-its-kind, hand-coded dataset of the gender and perceived race of thousands of lawyers and case outcomes,... 2024  
Ross Dardani POPULAR CONSTITUTIONALISM IN THE US EMPIRE: THE LEGAL HISTORY OF US CITIZENSHIP IN GUAM 49 Law and Social Inquiry 1082 (May, 2024) This article presents a legal history of US citizenship in Guam. I argue that members of Guam's Congress mobilizing for US citizenship in the 1930s and in the immediate aftermath of World War II offer a powerful and instructive example of popular constitutionalism, or the interactive, extrajudicial process that generates constitutional meaning.... 2024  
Khiara M. Bridges RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI 110 Virginia Law Review 243 (April, 2024) What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... 2024  
Vinay Harpalani ROBERTS RULES OF (DIS)ORDER: DOCTRINAL DOUBLESPEAK ON AFFIRMATIVE ACTION AND STARE DECISIS 77 SMU Law Review 61 (Winter, 2024) In this Article, I argue that Chief Justice John Roberts engaged in doublespeak in his SFFA v. Harvard/UNC majority opinion. He essentially overruled Grutter v. Bollinger (2003) but did not admit doing so, and even structured the SFFA opinion as if he was following Grutter's precedent. My Article considers why Chief Justice Roberts engaged in this... 2024  
Robert A. Garda, Jr. STUDENTS FOR FAIR ADMISSIONS THROUGH THE LENS OF INTEREST-CONVERGENCE THEORY: REALITY, PERCEPTION, AND FEAR 77 SMU Law Review 93 (Winter, 2024) In two cases, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (SFFA), the Supreme Court held that Harvard and UNC violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act in their use of race in their... 2024  
Jon C. Dubin THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE 35 Stanford Law and Policy Review 104 (February, 2024) The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... 2024  
Cindy Hsieh THE CONSTITUTIONALITY OF PENNSYLVANIA'S SEX-SELECTIVE ABORTION BAN POST-DOBBS AND ITS DISCRIMINATORY IMPACT ON ASIAN AMERICAN PACIFIC ISLANDER WOMEN 85 University of Pittsburgh Law Review 457 (Winter, 2024) Even though Dobbs v. Jackson Women's Health has altered women's reproductive landscape, there is still more reproductive freedom of choice for women to lose in states where abortion access is still legal. Selective abortion bans prohibit the use of abortion for a specific reason. Accordingly, sex-selective abortion bans prohibit the sex selection... 2024 Yes
Sacha M. Coupet, Kai Scott THE ONTOLOGICAL EXPANSIVENESS OF "PARENTAL RIGHTS" RHETORIC IN K-12 PUBLIC SCHOOLS 57 Family Law Quarterly 115 (2023-2024) The spate of proposed and enacted anti-DEI, anti-Critical Race Theory (CRT), and anti-LGBTQ+ legislation that has been sweeping across the United States since 2020 is appropriately described as, among other things, unprecedented. This is especially true as it relates to the focus on CRT, defined as the practice of interrogating the role of race... 2024  
Robyn Weinstein WHAT'S GOING ON? DIVERSITY, EQUITY, AND INCLUSION DISPUTE RESOLUTION INITIATIVES IN THE U.S. 73 Washington University Journal of Law & Policy 294 (2024) Our past, our history, and the people we encounter in life matter. They matter because they shape our experiences, our stories, our identities, what we choose to do (or not do), our present, our future and our ethical stance. - Jacqueline N. Font-Guzmán Over the course of my career, I have worked for and managed community dispute resolution... 2024  
Regina Ponder , National Coalition of 100 Black Women, Inc., Phoenix Metropolitan Chapter, Phoenix, AZ, USA, Email: research.ejd@gmail.com A PROTECTED CLASS, AN UNPROTECTED CONDITION, AND A BIOMARKER--A METHOD/FORMULA FOR INCREASED DIVERSITY IN CLINICAL TRIALS FOR THE AFRICAN AMERICAN SUBJECT WITH BENIGN ETHNIC NEUTROPENIA (BEN) 49 American Journal of Law & Medicine 41 (2023) Expanding on previous industry guidance relative to increased clinical trial diversity, while honing more exacting treatments and better ways to fight diseases that have often disproportionately impacted people of color, is a topic being discussed by multidisciplinary public health experts across the nation. This writing draws attention to the... 2023  
Allison M. Freedman ARRESTING ASSEMBLY: AN ARGUMENT AGAINST EXPANDING CRIMINALLY PUNISHABLE PROTEST 68 Villanova Law Review 171 (2023) In recent years, public protests have shed light on societal inequities that had previously gone unheard. Yet instead of responding to protesters' concerns, many state legislators are attempting to silence disenfranchised groups by introducing hundreds of anti-protest bills. This is a recent phenomenon and one that is accelerating--the largest... 2023  
Meera E. Deo, JD, PhD BETTER THAN BIPOC 41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... 2023  
Jason Buhi CITIZENSHIP, ASSIMILATION, AND THE INSULAR CASES: REVERSING THE TIDE OF CULTURAL PROTECTIONISM AT AMERICAN SAMOA 53 Seton Hall Law Review 779 (2023) Notwithstanding the gravity of American sovereignty, the people of American Samoa have maintained a distinctive way of life: the fa'a Samoa. This resiliency reflects that American Samoa is in many ways the most unique of the five U.S. territories, including the fact that its residents are the only Americans who do not automatically attain... 2023  
Amy McMeeking CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA 70 UCLA Law Review 840 (September, 2023) Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... 2023  
Janet M. Calvo CONCEPTS OF CITIZENSHIP IN THE CONTROVERSY ABOUT CONSTITUTIONAL CITIZENSHIP FOR PEOPLE BORN IN U.S. TERRITORIES 91 Fordham Law Review 1671 (April, 2023) Introduction. 1672 I. An Overview of Constitutional and Statutory U.S. Citizenship. 1674 II. The Statutory Status of National. 1675 III. Legal Status of American Samoa. 1676 IV. The Fitisemanu Decisions. 1678 A. The District Court's Opinion. 1678 B. The Tenth Circuit's Opinion. 1679 C. Judge Tymkovich's Concurrence. 1681 D. Judge Bacharach's... 2023  
Thomas Halper Constructing Race 12 British Journal of American Legal Studies 117 (Spring, 2023) The legal construction of race has assumed considerable importance for affirmative action and other purposes. But buffeted by racist tropes from an earlier day and simple self interest, the construct has become a nest of irrationalities and inconsistencies. race, white supremacy, affirmative action C1-3CONTENTS I. Race as Social Construct. 118 II.... 2023  
Alexis E. Pinzon DIVERSIFYING THE CORPORATE WORLD 54 Seton Hall Law Review 607 (2023) Throughout the last five years, there has been a push for diversity in every realm, industry, and profession. The corporate world is no different. An influx of companies seek to diversify their ranks--primarily focusing on their board of directors--using Corporate Social Responsibility (CSR), known as Environmental, Social, and Governance (ESG)... 2023  
Steven J. Cleveland DIVERSITY DISCLOSURES: UNCONSTITUTIONALLY COMPELLED SPEECH BY THE SEC 90 Tennessee Law Review 747 (Summer, 2023) Introduction. 748 I. The SEC's Contemplated Regulations. 751 A. Existing Rules Compelling Diversity Disclosures. 752 B. Interests Furthered by Diversity Disclosures. 761 II. First Amendment. 769 A. Compelled Speech. 771 B. Commercial Speech. 772 1. The Historic View. 772 2. A Modern, ESG-Oriented View. 774 3. Zauderer. 777 a. Factual. 779 b.... 2023  
Daina Strub Kabitz ENGAGING IN EQUITY-CENTERED POLICYMAKING: STATE-LEVEL RACIAL EQUITY IMPACT ASSESSMENT TRENDS, LESSONS LEARNED, AND FUTURE DIRECTIONS 49 Mitchell Hamline Law Review 645 (June, 2023) I. Introduction. 646 II. Background. 647 III. Racial Equity Impact Assessments: Detailed Examples. 651 A. Criminal Justice Focused REIAs: Iowa's Correctional Impact Statement. 651 B. Generally Applicable REIAs: Colorado's Demographic Note. 654 C. Emerging REIA Trends at the Local Level: New York City's Racial Equity Report. 656 IV. Racial Equity... 2023  
William J. Fife III , Beylul Solomon INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP 32 Southern California Review of Law & Social Justice 59 (Winter, 2023) Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... 2023  
Scott DeVito, Kelsey Hample, Erin Lain ONEROUS DISABILITIES AND BURDENS: AN EMPIRICAL STUDY OF THE BAR EXAMINATION'S DISPARATE IMPACT ON APPLICANTS FROM COMMUNITIES OF COLOR 43 Pace Law Review 205 (Spring, 2023) Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.--Barack Obama, This Article provides the results of the most comprehensive and detailed analysis of the correlation between bar passage and race and ethnicity. It provides the first proof of racially... 2023  
Mike Hoa Nguyen , Nicole Cruz Ngaosi , Douglas H. Lee , Liliana M. Garces , Janelle Wong , Oiyan A. Poon , Emelyn A. Martinez Morales , Stephanie A. S. Dudowitz , Daniel Woofter RACIAL STEREOTYPES ABOUT ASIAN AMERICANS AND THE CHALLENGE TO RACE-CONSCIOUS ADMISSIONS IN SFFA v. HARVARD 48 Journal of College and University Law 369 (2023) Following the U.S. Supreme Court's 2023 decision in SFFA v. Harvard to upend nearly fifty years of legal precedent for race-conscious admissions, this article summarizes arguments grounded in decades of social science research that sought to dispel the erroneous claims put forth by the plaintiffs. In critiquing the inaccuracies and contradictions... 2023  
Janel A. George REFLECTIONS ON THE LAUNCH OF A RACIAL JUSTICE CLINIC AND THE BRAVERY OF LIONS 30 Clinical Law Review 151 (Fall, 2023) This nation is at an inflection point in which the future of a viable, multi-racial democracy stands in the balance. However, this occurrence is not new-- the nation has experienced moments of retrenchment before, during which times of racial progress are quickly followed by retrenchment in the form of legal efforts to rollback hard-won civil... 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  
Shelby Hunter , Lauren E. Kois , Ashley T. Peck , Eric B. Elbogen , Casey LaDuke THE PREVALENCE OF TRAUMATIC BRAIN INJURY (TBI) AMONG PEOPLE IMPACTED BY THE CRIMINAL LEGAL SYSTEM: AN UPDATED META-ANALYSIS AND SUBGROUP ANALYSES 47 Law and Human Behavior 539 (October, 2023) Objective: Traumatic brain injury (TBI) is a significant public health concern and has implications for people directly impacted by the criminal legal system during arrest, conviction, incarceration, and community supervision. This meta-analysis estimated the lifetime prevalence of TBI among people supervised by the criminal legal system across... 2023  
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  
Sarah M. Kelly TOWARD SELF-DETERMINATION IN THE U.S. TERRITORIES: THE RESTORATIVE JUSTICE IMPLICATIONS OF REJECTING THE INSULAR CASES 28 Michigan Journal of Race and Law 109 (Spring, 2023) Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases--a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States' indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House... 2023  
Franklyn P. Salimbene, William P. Wiggins UNENDING ENVIRONMENTAL INJUSTICE: THE LEGACY OF THE 1956 FEDERAL-AID HIGHWAY ACT 53 Environmental Law Reporter (ELI) 10169 (March, 2023) The Federal Aid Highway Act of 1956 led to massive investments in highway construction, changed the nation's physical landscape, and transformed how people traveled and where they lived. It also wreaked havoc on low-income and Black neighborhoods, imposing undeniable injustices, making no aid available to support residents displaced from their... 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  
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  
Tom I. Romero, II A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST 2022 Utah Law Review 751 (2022) Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... 2022  
Elisse Larouche, Assistant Federal Public Defender, Northern District of California, Jon M. Sands, Federal Public Defender, District of Arizona, August Sommerfeld, Research and Writing Specialist, Office of the Federal Public Defender, San Francisco A TALE OF TWO DISTRICTS: SUPERVISED RELEASE IN THE DISTRICT OF ARIZONA AND THE NORTHERN DISTRICT OF CALIFORNIA 2022 Federal Sentencing Reporter 2131982 (6/1/2022) Across the criminal justice system, where the offense occurs, and where the offender is, can be the most important aspect of conviction and sentencing. This also holds true for supervised release. Many articles in this Special Issue address supervised release broadly; this piece is different. In a dialogue, Elisse Larouche, an Assistant Federal... 2022  
James T. Campbell AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" 131 Yale Law Journal 2542 (June, 2022) The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... 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 (1/9/2022) 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  
Lauren Ashley Week CULTURAL RESOURCES, CONQUEST, AND COURTS: HOW STATE COURT APPROACHES TO STATUTORY INTERPRETATION DIMINISH INDIGENOUS CULTURAL RESOURCES PROTECTIONS IN CALIFORNIA, HAWAI'I, AND WASHINGTON 12 Michigan Journal of Environmental & Administrative Law 103 (Fall, 2022) Critical Race Theory identifies two of the United States' original sins: slavery and conquest; yet, while the former is well known, the latter is simultaneously obvious and unknown, creating a disconnect between the history of violent conquest to the disparities that continue to afflict indigenous communities today. This lack of understanding and... 2022  
Evan R. Seamone DISABILITY COMPENSATION FOR THE PSYCHOLOGICAL IMPACT OF RACE DISCRIMINATION: LESSONS FROM THE BOARD OF VETERANS' APPEALS 74 Administrative Law Review 309 (Spring, 2022) Introduction. 310 II. VA Disability Compensation Framework. 317 III. Research Methodology. 323 A. The Written VA Appellate Decision as the Unit of Analysis. 323 B. Supervised Machine Learning to Classify Discrimination Cases. 326 C. Study Limitations. 327 IV. Study Results. 329 A. General Trends in Outcomes Across Discrimination Cases. 329 B.... 2022  
Richard L. Revesz , Samantha P. Yi DISTRIBUTIONAL CONSEQUENCES AND REGULATORY ANALYSIS 52 Environmental Law 53 (Winter, 2022) Distributional analysis has been a formal part of the regulatory state since 1993, when President Clinton directed agencies to consider the distributional consequences of significant regulations alongside the cost-benefit analysis of these regulations. President Obama reaffirmed and somewhat expanded this commitment. And both Presidents Clinton and... 2022  
Jill M. Fraley EMINENT DOMAIN AND UNFETTERED DISCRETION: LESSONS FROM A HISTORY OF U.S. TERRITORIAL TAKINGS 126 Penn State Law Review 609 (Spring, 2022) Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns... 2022  
Scott Devito, Kelsey Hample, Erin Lain EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION 55 University of Michigan Journal of Law Reform 597 (Spring, 2022) The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... 2022  
Khiara M. Bridges FOREWORD: RACE IN THE ROBERTS COURT 136 Harvard Law Review 23 (November, 2022) C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of Race... 2022  
Addie C. Rolnick INDIGENOUS SUBJECTS 131 Yale Law Journal 2652 (June, 2022) This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... 2022  
Melissa Hamilton MODELLING PRETRIAL DETENTION 72 American University Law Review 519 (December, 2022) Pretrial detention has become normative in contemporary criminal justice, rather than the exception to a rule of release for individuals not convicted of any crime. Even the opportunity for release with a bond amount often eludes the many individuals who are unable to afford to pay. Defendants detained pending trial suffer numerous negative... 2022  
William J. Aceves ON THE MEANING OF COLOR AND THE END OF WHITE(NESS) 17 Harvard Law & Policy Review 79 (Summer, 2022) This Article explores the history of the term people of color and its current status in a country struggling to overcome its racist origins. The murders of Trayvon Martin, Michael Brown, George Floyd, Breonna Taylor, and so many other victims of state violence have generated profound anger, calls for action, and demands for dialogue. It is... 2022  
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