AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Marissa Jackson Sow PROTECT AND SERVE 110 California Law Review 743 (June, 2022) There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... 2022  
The Task Force 2.0 Research Working Group RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 57 Gonzaga Law Review 119 (2021/2022) C1-2Table of Contents Message from the Task Force Co-Chairs. 121 Participating Organizations and Institutions. 123 Acknowledgments. 125 Definitions. 129 Executive Summary. 134 I. Introduction. 139 II. Capsule Summary of 2011 Findings and Some Key Developments Since Then. 140 A. Capsule Summary of 2011 Findings. 140 B. Some Key Court Developments... 2022  
The Task Force 2.0 Research Working Group RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 45 Seattle University Law Review 969 (Spring, 2022) As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... 2022  
The Task Force 2.0 Research Working Group RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT 97 Washington Law Review 1 (March, 2022) As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... 2022  
Susan K. Serrano REFRAMING ENVIRONMENTAL JUSTICE AT THE MARGINS OF U.S. EMPIRE 57 Harvard Civil Rights-Civil Liberties Law Review 475 (Fall, 2022) I. Introduction. 475 II. U.S. Territories: The Historical and Present-Day Setting. 483 A. Conquest, Colonization, and the Insular Cases. 484 B. Lasting Environmental Impacts: Guam and Puerto Rico. 488 III. The Established Environmental Justice Framework. 491 IV. The Racializing Environmental Justice Framework. 495 A. Differential Racialization and... 2022  
Peter H. Huang RESISTANCE IS NOT FUTILE: CHALLENGING AAPI HATE 28 William and Mary Journal of Race, Gender, and Social Justice 261 (Winter, 2022) This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate--defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect,... 2022 Yes
Sam Erman STATUS MANIPULATION AND SPECTRAL SOVEREIGNS 53 Columbia Human Rights Law Review 813 (Spring, 2022) This Essay examines how empire invisibly perpetuates itself through status manipulation. Status refers to formal polity-person and polity-place relationships, perceived to be well-defined, pre-established, unchanging, and consequential. Such relationships are envisioned as automatically creating rights and powers, as well as obligations,... 2022  
Christopher R. Leslie THE AMERICA WITHOUT MARRIAGE EQUALITY: FA'AFAFINE, THE INSULAR CASES, AND MARRIAGE INEQUALITY IN AMERICAN SAMOA 122 Columbia Law Review 1769 (October, 2022) American Samoa is the only U.S. jurisdiction that does not recognize gender-neutral marriage despite the Supreme Court's Obergefell decision invalidating laws that limit marriage to male-female couples. Among U.S. territories, American Samoa has five unique features: It is the only territory that the United States acquired through negotiation with... 2022  
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022  
Ryan Mitchell THE EMERGING CHINESE MODEL OF STATIST HUMAN RIGHTS 37 American University International Law Review 617 (2022) I. INTRODUCTION: COMMON HUMAN VALUES?. 617 II. HUMAN RIGHTS AND THE FORMATION OF THE CHINESE PARTY-STATE. 620 III. POST-MAOIST ENCOUNTERS WITH NEOLIBERAL RIGHTS DISCOURSE. 634 IV. THE CREATION OF THE NEW ERA PARADIGM. 648 V. IMPLICATIONS FOR THE INTERNATIONAL HUMAN RIGHTS SYSTEM. 664 VI. CONCLUSION: DEVELOPMENT OVER FREEDOM. 670 2022  
Sam F. Halabi THE HEALTHCARE LEGACY OF THE MISSION CIVILISATRICE IN UNINCORPORATED U.S. TERRITORIES 20 Northwestern Journal of Human Rights 121 (3/30/2022) ABSTRACT--Individual and population health in unincorporated U.S. territories-- American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands--lag terribly behind those in the 50 U.S. states and D.C. The populations in the territories--with drastically higher rates of poverty-- suffer and die from chronic conditions... 2022  
Christina Duffy Ponsa-Kraus THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES 131 Yale Law Journal 2449 (June, 2022) The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... 2022  
Michael Milov-Cordoba THE RACIAL INJUSTICE AND POLITICAL PROCESS FAILURE OF PROSECUTORIAL MALAPPORTIONMENT 97 New York University Law Review 402 (April, 2022) District attorneys are responsible for the vast majority of criminal prosecutions in the United States, and most of them are elected by the public from prosecutorial districts. Yet these districts are massively malapportioned, giving rural, disproportionately white voters significantly more voting power over their district attorneys than urban... 2022  
Aurora J. Grutman THE RACIAL WEALTH GAP IS A RACIAL HEALTH GAP 110 Kentucky Law Journal 723 (2021-2022) Table of Contents. 723 Introduction. 724 I. Race-Based Income and Wealth Inequalities. 725 II. Race-Based Health Inequalities. 729 III. The Interrelationship of Health and Wealth. 735 Conclusion. 737 2022  
Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson, Shiriki Kumanyika THE RACIALIZED MARKETING OF UNHEALTHY FOODS AND BEVERAGES: PERSPECTIVES AND POTENTIAL REMEDIES 50 Journal of Law, Medicine & Ethics 52 (Spring, 2022) Keywords: Race and Ethnicity, Food and Beverage Marketing, Targeted Marketing, Health Equity, Structural Racism Abstract: We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard... 2022  
Anthony M. Ciolli , Dana M. Hrelic THIRD-CLASS CITIZENS: UNEQUAL PROTECTION WITHIN UNITED STATES TERRITORIES 55 Suffolk University Law Review 179 (2022) Imagine living in a community within the United States where the local government only permits people of the majority race to own land. Those who are not members of the majority race may vote in most elections, but county councils, in accordance with the customs of the majority race, elect the upper house of the bicameral legislature; furthermore,... 2022  
Oliver J. Kim TSUNAMI: RECOMMITTING TO ADDRESS AAPI MENTAL HEALTH IN A POST-COVID ERA 46 Nova Law Review 370 (Winter, 2022) I. Introduction. 370 II. Overview of AAPIs in the United States. 373 III. AAPIs and Mental Health. 376 A. Stoicism as a Familiar Cultural Theme. 376 B. Identity as a Model Minority. 377 C. Prevalence of Mental Health Needs in the AAPI Community. 380 IV. The Impact of COVID-19 on The Asian American Community. 382 A. The Pandemic's Economic Impact on... 2022  
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  
Brian K. Davis AMERICAN SAMOA AND THE WEIGHT OF CITIZENSHIP 34-OCT Utah Bar Journal 22 (September/October, 20) Jus soli (right of the soil), otherwise known as birthright citizenship, is a right nearly all Americans recognize and presume to be true for any person born on American soil. But for the nearly 55,000 residents of American Samoa, a U.S. territory in the South Pacific, this is not the case. Indigenous people born in American Samoa are considered... 2021  
Raymond Magsaysay ASIAN AMERICANS AND PACIFIC ISLANDERS AND THE PRISON INDUSTRIAL COMPLEX 26 Michigan Journal of Race and Law 443 (Winter 2021) Recent uprisings against racial injustice, sparked by the killings of George Floyd and others, have triggered urgent calls to overhaul the U.S. criminal justice system. Yet Asian Americans and Pacific Islanders (AAPIs), the fastest-growing racial group in the country, have largely been left out of these conversations. Identifying and addressing... 2021 Yes
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  
Catherine Siyue Chen, Fernando P. Cosio, Deja Ostrowski, Dina Shek DEVELOPING A PEDAGOGY OF COMMUNITY PARTNERSHIP AMIDST COVID-19: MEDICAL-LEGAL PARTNERSHIP FOR CHILDREN IN HAWAI'I 28 Clinical Law Review 107 (Fall, 2021) The Medical-Legal Partnership for Children in Hawai'i (MLPC) has partnered with low-income families in community health and public housing settings for over a decade to provide direct legal services and engage in systemic advocacy. The MLPC model of legal services is rooted in our pedagogy of community partnership that seeks to confront the... 2021  
Jennifer LaCosse , Victor Quintanilla EMPATHY INFLUENCES THE INTERPRETATION OF WHETHER OTHERS HAVE VIOLATED EVERYDAY INDETERMINATE RULES 45 Law and Human Behavior 287 (August, 2021) Objective: People encounter institutional rules in many settings of their lives--from schools to workplaces, from commercial places to public spaces. Often these everyday rules are indeterminate, requiring people who apply them to use their own discretion. Psychological processes help explain how lay people decide whether others have violated these... 2021  
Laura Smalarz , Yueran Yang , Gary L. Wells EYEWITNESSES' FREE-REPORT VERBAL CONFIDENCE STATEMENTS ARE DIAGNOSTIC OF ACCURACY 45 Law and Human Behavior 138 (April, 2021) Objectives: We assessed recent policy recommendations to collect eyewitnesses' confidence statements in witnesses' own words as opposed to numerically. We conducted an experiment to test whether eyewitnesses' free-report verbal confidence statements are as diagnostic of eyewitness accuracy as their numeric confidence statements and whether the... 2021  
Jessica A. Shoemaker FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE 119 Michigan Law Review 1695 (June, 2021) Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... 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  
Courtney K. Cross SEX, CRIME, AND SEROSTATUS 78 Washington and Lee Law Review 71 (Winter, 2021) The HIV crisis in the United States is far from over. The confluence of widespread opioid usage, high rates of HIV infection, and rapidly shrinking rural medical infrastructure has created a public health powder keg across the American South. Yet few states have responded to this grim reality by expanding social and medical services. Instead,... 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  
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  
Jonathan Kahn THE LEGAL WEAPONIZATION OF RACIALIZED DNA: A NEW GENETIC POLITICS OF AFFIRMATIVE ACTION 13 Georgetown Journal of Law & Modern Critical Race Perspectives 187 (Summer, 2021) C1-3Table of Contents L1-2Introduction . L3188 I. Ralph Taylor's Story, Part One: Using DNA to Claim Minority Status. 190 A. The New Role of DNA Testing in Determining Legal Racial Categories. 192 II. Gaming the System with DNA (or not). 195 III. Ralph Taylor's Story, Part Two: Using Genetics to Challenge the Foundations of Race-Based Affirmative... 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  
Mira Edmonds THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY 28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... 2021  
James Naughton THE SCHOOL FOIA PROJECT: UNCOVERING RACIAL DISPARITIES IN SCHOOL DISCIPLINE AND HOW TO RESPOND 52 Loyola University Chicago Law Journal 1045 (Summer, 2021) Since 1984, Illinois has had a Freedom of Information Act law on the books that allows anyone--including educational advocates--to request public records. This creates a useful avenue to access and review records for any public entity, including public school districts. This Article proposes that FOIA creates a powerful pathway for educational... 2021  
Michele Goodwin , Erwin Chemerinsky THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 169 University of Pennsylvania Law Review 313 (January, 2021) Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... 2021  
Michael Milov-Cordoba , Ali Stack TRANSGENDER AND GENDER-NONCONFORMING VOTING RIGHTS AFTER BOSTOCK 24 University of Pennsylvania Journal of Law and Social Change 323 (2021) Abstract. In Bostock v. Clayton County, the Supreme Court issued a landmark holding that allowed workplace protections for the LGBTQ+ community, including transgender people, to be subsumed into the Title VII provision prohibiting sex discrimination. Though Bostock was a Title VII case, the textualist logic of the majority opinion has important... 2021  
Rebecca Sharpless VIRUS AS FOREIGN INVADER: U.S. VOTERS & THE IMMIGRATION DEBATE 75 University of Miami Law Review 547 (Winter, 2021) Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held... 2021  
Verónica C. Gonzales-Zamora AN INTRODUCTION TO THE COLLECTION 69 Journal of Legal Education 607 (Spring, 2020) I want to see young people in America feel the spirit of the 1960s and find a way to get in the way. To find a way to get in trouble. Good trouble, necessary trouble. U.S. Representative John Lewi The year is 2020. For once, millennials (and their counterparts, xennials ) are not being blamed. Millennials had allegedly killed cereal, traditional... 2020  
Ross Dardani CITIZENSHIP IN EMPIRE: THE LEGAL HISTORY OF U.S. CITIZENSHIP IN AMERICAN SAMOA, 1899-1960 60 American Journal of Legal History 311 (September, 2020) This article analyzes the legal history of U.S. citizenship for American Samoa and examines why American Samoa remains the only U.S. unincorporated territory that U.S. citizenship has not been extended to by Congress. The article examines legislation from the 1930s that would have extended U.S. citizenship to Samoans, but failed to pass in Congress... 2020  
Lisset M. Pino COLONIZING HISTORY: RICE v. CAYETANO AND THE FIGHT FOR NATIVE HAWAIIAN SELF-DETERMINATION 129 Yale Law Journal 2574 (June, 2020) Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to... 2020  
Peter Blanck , Ynesse Abdul-Malak , Meera Adya , Fitore Hyseni , Mary Killeen , Fatma Altunkol Wise DIVERSITY AND INCLUSION IN THE AMERICAN LEGAL PROFESSION: FIRST PHASE FINDINGS FROM A NATIONAL STUDY OF LAWYERS WITH DISABILITIES AND LAWYERS WHO IDENTIFY AS LGBTQ+ 23 University of the District of Columbia Law Review 23 (Spring, 2020) Purpose: This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (ABA). With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse... 2020  
UCLA Chapter, Asian/Pacific Islander Law Students Association LETTER FROM THE ASIAN/PACIFIC ISLANDER LAW STUDENTS ASSOCIATION REGARDING STEPHEN BAINBRIDGE 68 UCLA Law Review Discourse 22 (2020) The following letter from the UCLA School of Law chapter of the Asian/Pacific Islander Law Students Association was sent to UCLA School of Law administrators on April 13, 2020, in response to anti-Asian statements by a professor. This was not an isolated incidence of hateful language in the UCLA Law community. Earlier in the school year, other UCLA... 2020 Yes
Landon Myers THE GRAY AREA: EXPLORING THE BLACK-WHITE BINARY'S EXPLOITATION OF THE MULTI-RACIAL IDENTITY 12 Georgetown Journal of Law & Modern Critical Race Perspectives 61 (Spring, 2020) C1-2Table of Contents Introduction. 61 I. A Lesson in History: The Black-White Binary. 62 II. The State's Exploitation of the Multi-Racial Identity. 65 III. Struggling to Simultaneously Identify as Multi-Racial and Equitably Access the Law. 66 A. Multi-Racial Individuals' Interest in Self-Identification. 67 B. The Insufficiency of the Current Equal... 2020  
William J. Sabol, Professor, Georgia State University, Thaddeus L. Johnson, PhD candidate, Andrew Young School of Policy Studies, Georgia State University, Alexander Caccavale, Atlanta Police Foundation TRENDS IN CORRECTIONAL CONTROL BY RACE AND SEX 2020 Federal Sentencing Reporter 1216468 (2/1/2020) This article was reprinted with permission of the Council on Criminal Justice. December 2019 From 2000 to 2016, racial and ethnic disparities declined across prison, jail, probation, and parole populations in the U.S. For example, the black-white state imprisonment disparity fell from 8.3-to-1 to 5.1-to-1, and the Hispanic-white parole disparity... 2020  
Katherine Unterman TRIAL WITHOUT JURY IN GUAM, USA 38 Law and History Review 811 (November, 2020) On May 20, 1954, a group of locals presented Guam's appointed Governor, Ford Q. Elvidge, with a petition signed by more than 3,100 Guamanians, including members of the Guam Legislature, attorneys, business leaders, and veterans. The document called for a right widely enjoyed by American citizens on the mainland, but not on Guam: trial by jury. As... 2020  
Alyssa Nielsen UTILITARIAN TRIAGE IN DISASTERS 46 Brigham Young University Law Review 217 (2020) C1-2Contents I. The Two Strategies of Triage. 220 A. History of Triage. 220 B. Ethics of Utilitarian Triage. 222 II. Utilitarian Triage in Disasters. 226 A. Hurricane Katrina and Memorial Hospital. 226 B. Development of Triage Guidelines for Disasters. 228 C. The COVID-19 Disaster Triage Threat. 234 III. Utilitarian Triage and the Law. 238 A. Risk... 2020  
Miranda Li, Phillip Yao, Goodwin Liu WHO'S GOING TO LAW SCHOOL? TRENDS IN LAW SCHOOL ENROLLMENT SINCE THE GREAT RECESSION 54 U.C. Davis Law Review 613 (December, 2020) This study provides a comprehensive analysis of recent U.S. law school enrollment trends. With two sets of JD (Juris Doctor) enrollment data from 1999 to 2019, we discuss how the demographic composition of law students has changed since the Great Recession. We examine enrollment data by gender, race, ethnicity, and nationality, with particular... 2020  
Nancy Chi Cantalupo AND EVEN MORE OF US ARE BRAVE: INTERSECTIONALITY & SEXUAL HARASSMENT OF WOMEN STUDENTS OF COLOR 42 Harvard Journal of Law & Gender 1 (Winter, 2019) Events in 2017 highlighted both celebrations of and contests over intersectionality and civil rights. In September 2017, the U.S. Department of Education rescinded Obama-era guidance on sexual harassment and replaced it with interim guidance that allows schools to set different evidentiary standards for investigations of sexual and racial... 2019  
John Tehranian CHANGING RACE: FLUIDITY, IMMUTABILITY, AND THE EVOLUTION OF EQUAL-PROTECTION JURISPRUDENCE 22 University of Pennsylvania Journal of Constitutional Law 1 (November, 2019) One of the bedrock principles of American constitutional jurisprudence is its commitment to provide heightened scrutiny to laws that distinguish amongst us on the basis of certain immutable traits. But race--the very trait that has historically received the most searching form of scrutiny under modern equal-protection doctrine--is far more fluid... 2019  
  CONSTITUTIONAL LAW--TERRITORIES--NINTH CIRCUIT HOLDS THAT GUAM'S PLEBISCITE LAW VIOLATES FIFTEENTH AMENDMENT-- DAVIS v. GUAM, 932 F.3D 822 (9TH CIR. 2019) 133 Harvard Law Review 683 (December, 2019) The application of constitutional law to the permanently inhabited unincorporated United States territories carries tensions between measures meant to safeguard indigenous populations and constitutional rights for nonindigenous individuals. These tensions are salient in Guam and the Commonwealth of the Northern Mariana Islands (CNMI). The Ninth... 2019  
Janai Nelson COUNTING CHANGE: ENSURING AN INCLUSIVE CENSUS FOR COMMUNITIES OF COLOR 119 Columbia Law Review 1399 (June, 2019) The following Essay is part of a mini-symposium on the 2020 Census and its broader implications for our nation and democracy. Both essays rely on the perspectives of scholar-practitioners to interrogate the design of the enumeration process and outline its potential ramifications for the distribution of federal resources and political power in an... 2019  
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