| Author | Title | Citation | Summary | Year |
| Leevin Taitano Camacho |
BEARING THE BRUNT |
39-WTR Natural Resources & Environment 42 (Winter, 2025) |
Environmental justice is a broad concept with many definitions, but at its core is based on the recognition that certain communities, like Indigenous communities, communities of color, and low-income communities historically have disproportionately borne the brunt of adverse environmental impacts. In an attempt to address environmental injustice,... |
2025 |
| Dante C.H. Harootunian |
COLONY IN THE CROSSHAIRS: A REEVALUATION OF THE HIGH COURT OF AMERICAN SAMOA'S DECISION IN CRADDICK v. TERRITORIAL REGISTRAR IN LIGHT OF SUBSEQUENT FEDERAL DECISIONS IN WABOL v. VILLACRUSIS AND STUDENTS FOR FAIR ADMISSIONS, INC. v. HARVARD |
41 UCLA Pacific Basin Law Journal 101 (Spring, 2025) |
This article analyzes the High Court of American Samoa's 1980 ruling in Craddick v. Territorial Registrar and compares the decision's reasoning with preceding cases that had also evaluated the constitutionality of racial restrictions under the equal protection guarantees of the Fifth Amendment and Fourteenth Amendment. The article then compares the... |
2025 |
| Chief Justice Robert J. Torres |
GUAM'S ORGANIC ACT AND THE SEARCH FOR SELF-GOVERNANCE |
64 No. 2 Judges' Journal 26 (Spring, 2025) |
Guam, my home island, is Where America's Day Begins, highlighting both its strategic location in the western Pacific and its relationship with the United States. Guam is an unincorporated, organized territory of the United States: unincorporated because it was not considered by Congress on the path to statehood (in contrast to incorporated... |
2025 |
| Josefina M. D. Garcia |
HOW JOINT MANAGEMENT OF THE FENA VALLEY RESERVOIR FURTHERS THE COOPERATIVE ENDEAVOUR TOWARDS SELF-DETERMINATION OF THE PEOPLE OF GUAM |
15 Arizona Journal of Environmental Law & Policy 122 (Spring, 2025) |
The Fena Valley Reservoir and Wastewater Treatment Plant is one of the remaining utility systems in Guam wholly owned and managed by the Navy. The Navy maintains these systems to support its military installations, while selling treated water to the local government. The transfer to the local government stands to demonstrate an ongoing cooperative... |
2025 |
| Robert M. Jarvis |
TAALOGA FAITUPE: GAMBLING IN AMERICAN SAMOA |
41 UCLA Pacific Basin Law Journal 123 (Spring, 2025) |
This Article provides the first detailed description of gambling in American Samoa. In addition to being one of just five inhabited U.S. territories, American Samoa is one of only four U.S. jurisdictions that bans all forms of commercial gambling. As such, it offers a rare opportunity to examine gambling in an anti-gambling society. The fact that... |
2025 |
| Dante C.H. Harootunian , Sammi Lawrence |
THE AMBIGUITY THAT ISN'T: WHY SAME-SEX MARRIAGE IS LEGAL IN AMERICAN SAMOA |
33 American University Journal of Gender, Social Policy and the Law 163 (2025) |
After the U.S. Supreme Court ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the equal protection guarantees of the U.S. Constitution, several government officials in American Samoa issued statements claiming that the decision had no effect in American Samoa, and, to date, no same-sex couples have applied for a marriage... |
2025 |
| Dillon Kim , Boston University School of Law, Boston, MA, USA, Email: dilmarti@bu.edu |
THE INSULAR CASES REVISITED: GUAM, FEDERAL MEDICAID FUNDING, AND CONSTITUTIONAL SUBORDINATION |
51 American Journal of Law & Medicine 376 (2025) |
The Insular Cases, a relic of imperial-era judicial reasoning, have long dictated the political and constitutional status of U.S. territories. In United States v. Vaello-Madeo, Justice Neil Gorsuch's concurring opinion signaled a critical moment for reevaluating these precedents. This Note examines the enduring consequences of the Insular Cases,... |
2025 |
| Martin A. McCrory , Phoebe Jean-Pierre , Stephanie M.H. Moore , Paul Levy , Elise Boruvka |
WHAT'S THE GUY'S NAME ON SECOND . I DON'T KNOW: CERCLA, ENVIRONMENTAL HEALTH, ENVIRONMENTAL LIABILITY, AND GUAM |
31 Texas Journal on Civil Liberties & Civil Rights 68 (Fall, 2025) |
It really boils down to this: that all life is interrelated. We are all caught in an inescapable network of mutuality . The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was a hastily drafted statute meant to quell the growing public outcry after the discovery of massive amounts of hazardous substances located... |
2025 |
| 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 |
| 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 |
| 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 |