| Author | Title | Citation | Summary | Year | key Terms in Title |
| Brendan M. Conner |
HYBRID ENFORCEMENT AND RACIAL CAPITALISM: UNEVEN DEVELOPMENT IN URBAN CRIMINAL LAW |
53 Southwestern Law Review 398 (2025) |
This essay advances a critical legal framework for understanding the influence of human geography on urban criminal law formation. Applying the theoretical framework of uneven development developed by scholars of human geography to criminal law formation helps explain worsening inequalities in the allocation of law enforcement capital as well as... |
2025 |
|
| Renagh O'Leary |
IDEOLOGICAL TESTING |
103 North Carolina Law Review 909 (May, 2025) |
This Article describes and critiques a practice I call the ideological testing of criminal defendants. Ideological testing occurs when state actors within the criminal legal system elicit and evaluate the defendant's views of the criminal legal system. For example, as part of the presentence investigation process in some jurisdictions, probation or... |
2025 |
|
| Deja R. Graham, Esquire |
INEQUITY: HURDLES FOR THE MARGINALIZED |
19 Southern Journal of Policy and Justice 172 (May, 2025) |
Black Americans are left to begin the race of life behind the starting line based on a factor outside of their control, race. Black children in the United States are taught that in order to obtain the same success as their white classmates they must be twice as smart, twice as productive, and resemble perfection. These unattainable standards for... |
2025 |
|
| Deborah N. Archer, Yuvraj Joshi |
INFRASTRUCTURE EQUALITY |
120 Northwestern University Law Review 135 (2025) |
Abstract--The United States' racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have... |
2025 |
|
| Dominic A. Weiss |
INHUMAN REASON |
39-WTR Criminal Justice 15 (Winter, 2025) |
Artificial intelligence (AI) can harness the power of machine learning in ways that aid people in their daily tasks. This leads to gains in efficiency, as computers are able to perform these tasks in a fraction of the time that humans can. AI also has been touted as a way to improve accuracy, as machine learning can detect patterns in huge sets of... |
2025 |
|
| Alexandra Natapoff |
INSTITUTIONAL STRUCTURES OF PENAL INEQUALITY |
115 Journal of Criminal Law and Criminology 821 (Winter 2025) |
The U.S. penal apparatus is a bundle of wildly divergent practices. Police in some cities use more force than others. Prosecutors in some jurisdictions file charges automatically while others screen carefully. Public defenders in some counties lack zeal while others provide high quality representation. Offices that share the same name and perform... |
2025 |
|
| Danieli Evans |
INSTITUTIONALIZED OSTRACISM |
29 Michigan Journal of Race and Law 155 (Winter, 2025) |
Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized... |
2025 |
|
| Susan K. Serrano |
INTERSECTIONAL IMPERIAL LEGACIES IN THE U.S. TERRITORIES |
134 Yale Law Journal Forum 510 (2024-2025) |
February 10, 2025 abstract. Women and people who can become pregnant in the U.S. territories experience particularized harms often rooted in U.S. colonization and the territories' political relationship with the United States. From reproductive harms to economic challenges characterized by dangerously limited access to critical public benefits,... |
2025 |
|
| Mario L. Barnes , Osagie K. Obasogie |
INTRODUCTION TO THE SPECIAL ISSUE ON EMPIRICAL METHODS AND CRITICAL RACE THEORY |
59 Law and Society Review 231 (June, 2025) |
(Received 31 March 2025; accepted 31 March 2025) Keywords: empirical; methods; critical; race; theory Critical Race Theory (CRT) can be understood as an attempt to examine how race and racism are central rather than peripheral to law and legal thinking. Rather than viewing the long and ongoing story of race in American law as a series of... |
2025 |
|
| Anita L. Allen , Christopher Muhawe |
IS PRIVACY REALLY A CIVIL RIGHT? |
40 Berkeley Technology Law Journal 1 (2025) |
Sixty years ago, President Lyndon Johnson signed the Civil Rights Act of 1964. Civil rights laws aimed at curbing discrimination and inequality in federal programs, public accommodations, housing, employment, education, voting and lending faced opposition before the Act and continue to do so today. Nevertheless, a swell of legal scholars, policy... |
2025 |
|
| Randall K. Johnson |
JAMES BALDWIN AND WHAT U.S. GOVERNMENTS OWE EVERY AMERICAN |
2025 University of Illinois Law Review Online 10 (Spring, 2025) |
This book review looks at the life, work and impact of James Baldwin, a famous writer and civil rights activist that was born one hundred (100) years ago. It does so, for one of the first times in the field of law, by examining Baldwin's influence on the legal system. The book review carries out its work by identifying Baldwin's impacts upon U.S.... |
2025 |
|
| Maura R. Grossman , Hon. Paul W. Grimm (ret.) |
JUDICIAL APPROACHES TO ACKNOWLEDGED AND UNACKNOWLEDGED AI-GENERATED EVIDENCE |
26 Columbia Science and Technology Law Review 110 (Spring, 2025) |
Between 2014 and 2024, rapid advancements in computer science ushered in a dramatic new form of technology--Generative AI (GenAI). It offered seemingly limitless possibilities for creative applications never before imagined. But it also brought with it a darker side--the ability to create synthetic or fake text, images, audio, and audiovisual... |
2025 |
|
| Carolin Kemper, Michael Kolain |
K9 POLICE ROBOTS: AN ANALYSIS OF CURRENT CANINE ROBOT MODELS THROUGH THE LENS OF LEGITIMATE CITIZEN-ROBOT-STATE-INTERACTION" |
30 UCLA Journal of Law & Technology 1 (2025) |
The advent of a robotized police force has come: Boston Dynamics' Spot patrols cities like Honolulu, investigates drug labs in the Netherlands, explores a burned building in danger of collapsing in Germany, and has already assisted the police in responding to a home invasion in New York City. Quadruped robots might soon be on sentry duty at US... |
2025 |
Yes |
| Tonja Jacobi , Christopher Brett Jaeger |
KATZ'S IMPERFECT CIRCLE: AN EMPIRICAL STUDY OF REASONABLE EXPECTATIONS OF PRIVACY |
77 Florida Law Review 593 (March, 2025) |
Under Katz v. United States, the Fourth Amendment restricts government actions that infringe upon expectations of privacy that society recognizes as reasonable. This foundational test has long been criticized as circular, both because courts can shape the very expectations they seek to identify through their decisions and because governments can... |
2025 |
|
| Lark Mulligan |
KNOWLEDGE AND PUNISHMENT: THE PRISON-INDUSTRIAL COMPLEX AND EPISTEMIC OPPRESSION |
27 Scholar: St. Mary's Law Review on Race and Social Justice 173 (2025) |
Introduction. 174 I. Defining Epistemic Oppression. 180 II. Testimonial Injustice and the PIC. 186 III. The PIC and Hermeneutical Injustice. 200 IV. The PIC and Epistemic Resilience. 212 V. Abolitionist Epistemologies. 220 Conclusion. 227 |
2025 |
|
| Janet Freilich |
LAW AS A LAMPPOST |
110 Iowa Law Review 1647 (May, 2025) |
ABSTRACT: Law produces all manner of public information: court documents, securities filings, patents, property records, and much more. This information is used in a multitude of ways--it teaches readers about individual cases, transactions, or entities, and is also aggregated to inform policymaking, set priorities, and drive predictive analytics... |
2025 |
|
| Justin Murray |
LAW ENFORCEMENT INDEPENDENCE IN TRUMP'S SECOND TERM |
55 Stetson Law Review 319 (Winter 2025) |
Federal law enforcement independence is a norm--or more exactly, a set of multiple, mutually reinforcing norms--that insulates investigative and prosecutorial decisions from presidential direction. While these norms are by no means etched in stone and have evolved with time, they have become cornerstones of America's modern constitutional order,... |
2025 |
Yes |
| Rebecca Wexler |
LAW ENFORCEMENT PRIVILEGE |
123 Michigan Law Review 1391 (June, 2025) |
C1-2Table of Contents Introduction. 1393 I. The Access Versus Secrecy Conundrum. 1404 A. Criminal Defense Interests in Access. 1406 B. Law Enforcement Interests in Secrecy. 1410 II. Doctrine and Discontents. 1414 A. Current Law Enforcement Privilege Doctrine. 1415 B. The Problem of Vagueness. 1419 III. A Skeptical Account of Existing Critiques.... |
2025 |
Yes |
| Shaunak M. Puri |
LAW OF PROTEST |
125 Columbia Law Review 1017 (June, 2025) |
To protest against injustice is the foundation of all our American democracy. -- Justice Thurgood Marshall. Protests have long been part of the social and political fabric of the United States. From the colonial era to the present day, protest movements have helped shape the nation's trajectory. Protest is not just an act of dissent but an... |
2025 |
|
| Richard R.W. Brooks |
LAWS OF ADDRESS: THE IMPACT OF THE PRACTICE AND WORDS OF ADDRESS ON OUR CIVIL, POLITICAL, AND SOCIAL LIVES |
62 Houston Law Review 743 (Symposium 2025) |
In this Article I argue that the practice of individuals addressing others, who in turn answer or otherwise respond when addressed, contributes distinctively to what it means to be a person in society with others. When uttered aloud, terms of address and reference announce correlative entitlements running between speakers and their audiences. These... |
2025 |
|
| Thiago R. Oliveira , Department of Criminology, The University of Manchester, Manchester, UK, Email: thiago.oliveira@manchester.ac.uk |
LEGAL CYNICISM, INTRUSIVE POLICING, AND THE DYNAMICS OF POLICE LEGITIMACY: EVIDENCE FROM BRAZIL'S LARGEST CITY |
59 Law and Society Review 548 (September, 2025) |
(Received 26 June 2023; revised 28 May 2024; accepted 11 October 2024) Public experiences with the law in some neighborhoods are marked by an overwhelming police presence alongside deep-seated beliefs that legal agents are disinterested in ensuring public safety. This mutual experience of intrusive policing and legal cynicism has important... |
2025 |
Yes |
| Jeannine Bell , Stephen Rushin |
LIMITS ON TRAFFIC STOPS: SAVING LIVES BY CONSTRAINING POLICE AUTHORITY |
57 Arizona State Law Journal 45 (Spring, 2025) |
This Article considers how policymakers can more effectively constrain police authority during traffic stops to reduce racial disparities and prevent unnecessary violence. We begin by chronicling the power granted to police officers during traffic enforcement and the harms generated by this discretionary power. Under existing criminal procedure,... |
2025 |
Yes |
| Russell M. Gold |
LOOK WHAT YOU MADE ME DO |
82 Washington and Lee Law Review 1377 (Fall, 2025) |
We have understood for centuries that crime is both the product of social forces and individual choice. We know now that crime is affected by economic deprivation, addiction, trauma, and mental health issues. But American criminal legal processes hide this reality by coercing defendants into expressing a profoundly simple narrative: crime is solely... |
2025 |
|
| Nina A. Kohn , Wendy Jiang , Fuad Abujarad , Marie-Therese Connolly , Kathy Greenlee , Alison Hirschel , Larry Jia , Elizabeth Loewy , Laura Mosqueda |
MANDATED REPORTING OF ELDER ABUSE: AN EVALUATION AND CALL TO ACTION |
33 Elder Law Journal 167 (2025) |
This Article explores the impact of mandatory elder abuse reporting laws, a core component of the U.S. response to elder abuse. It finds that there is little evidence that these requirements improve outcomes for older adults, and reason for concern about the costs that such requirements create for the individuals and systems involved. Drawing on... |
2025 |
|
| Michael T. Cahill |
MARKEL AND ABOLITION |
52 Florida State University Law Review 469 (Spring, 2025) |
I just finished reading Gabrielle Zevin's recent novel Tomorrow, and Tomorrow, and Tomorrow, whose title, of course, is taken from Macbeth's soliloquy about the absurdity, and brevity, of life, with all our yesterdays merely lighting [t]he way to dusty death. (Spoiler alert! If you don't want to learn important plot points from that novel, skip... |
2025 |
|
| Jessica Huang |
MISAPPLYING PINKERTON AND ACCOMPLICE LIABILITY IN THE UNITED STATES FEDERAL SENTENCING GUIDELINES: HOW COURTS HAVE WRONGLY IMPRISONED CRIMINAL DEFENDANTS FOR DECADES |
62 San Diego Law Review 533 (August-September, 2025) |
C1-2Table of Contents Abstract 534 I. Introduction 535 II. Background on the United States Federal Sentencing Guidelines 540 A. How the Modern-Day United States Federal Sentencing Guidelines Came to Be: From Unbridled Discretion to No Discretion to . Bridled Discretion? 540 1. Unbridled Discretion 540 2. No Discretion 543 3. Bridled Discretion: The... |
2025 |
|
| Itay Ravid , Tanisha Brown |
MISSING CHILDREN DISCRIMINATION |
2025 Wisconsin Law Review 971 (2025) |
The problem of missing children in America--many of whom are victims of crime--has haunted society for decades. In response, a range of laws and policies have emerged, culminating in the nationwide adoption of the AMBER Alert system in the early 2000s. While often hailed as a success, this Article reveals a sad truth: Not all children benefit... |
2025 |
|
| W. David Ball |
MODELING MEANING: CAUSAL INFERENCE UNDER THE CALIFORNIA RACIAL JUSTICE ACT |
65 Santa Clara Law Review 1 (2024-2025) |
In order to evaluate claims arising under the California Racial Justice Act (RJA), judges and attorneys need to learn how to draw inferences about racial disparity from data--and, equally importantly, to learn how to avoid drawing inaccurate inferences from data. The key questions in many RJA claims are, first, how to determine what constitutes... |
2025 |
|
| Kenneth Lewis |
MORALITY CLAUSES IN SPORTS AND ENTERTAINMENT CONTRACTS: THE PROS AND CONS AND THE IMPACT ON THE FIRST AMENDMENT |
30 University of Denver Sports and Entertainment Law Journal 107 (Spring, 2025) |
It is unsurprising when corporate sponsors and professional teams suspend or terminate their relationships with professional athletes who are embroiled in social and political controversy or who have allegedly engaged in criminal activities. In fact, it is routine for corporate employers and sponsors to require athletes and celebrities, whom they... |
2025 |
|
| Alejandro Banuelos , Aaron Clarke |
MOVEMENT AND CRISIS: A SOCIAL HEALTH MANIFESTO |
30 National Black Law Journal 197 (2025) |
This article was originally published in the UCLA Law Review (In Discourse, Special Issue: Law Meets World Vol. 68 (2020)). In this Article, we employ the terms Health (as a white supremacist mode of being) and social health to demystify how race and health are mobilized by the state and its representative bodies to shift accountability away from... |
2025 |
|
| Mahak Kumari |
MUNICIPIUM, ABSENS PARENS: RECTIFYING MONELL AND PARENS PATRIAE FOR INSTITUTIONAL LIABILITY |
15 Columbia Journal of Race and Law 1290 (May, 2025) |
The impact of the carceral system and policing on youth led to the development of a separate juvenile system recognizing the special needs of young people. However, policing-based harm remains at the forefront of legal scholarship not just for its continued prevalence in the country as a whole, but also because of the disproportionate impact on... |
2025 |
|
| Catherine Y. Kim |
NARRATIVE IN IMMIGRATION LAW |
32 Asian American Law Journal 1 (2025) |
Immigration remains one of the most divisive issues of our times. Yet contemporary debates about asylum, economic migrants, chain migration, and undocumented migration occur at a level of abstraction bereft of human context. This Article challenges the flattening and erasure of immigrants by building on Critical Race Theory's rich tradition of... |
2025 |
|
| Katrina Fischer Kuh , Nicholas A. Robinson , Scott Fein |
NEW YORK'S CONSTITUTIONAL GUARANTEE OF ENVIRONMENTAL RIGHTS |
27 NYU Journal of Legislation and Public Policy 361 (2024-2025) |
New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, ยง 19 to New York's Bill of Rights, which provides that Each person shall have the right to clean air and water, and a healthful environment. To ensure the fulsome and effective implementation of Article I,... |
2025 |
|
| Mariana Peixoto Irby , Jordan Center for the Advanced Study of Russia, New York University, New York, New York, USA |
NEXT YEAR I'LL HAVE A RED PASSPORT: DOCUMENTS AND MIGRANT RACIALIZATION IN RUSSIA |
48 PoLAR: Political and Legal Anthropology Review 1 (November, 2025) |
Received: 17 April 2023 Revised: 6 April 2025 Accepted: 13 September 2025 Keywords: citizenship | documents | migration | passportization | racialization This article explores the widespread increase in Russian passport acquisition among citizens of Tajikistan that has taken place in recent years. Political science and policy literature has... |
2025 |
|
| Adam A. Davidson |
NO EXCEPTIONS: THE NEW MOVEMENT TO ABOLISH SLAVERY AND INVOLUNTARY SERVITUDE |
92 University of Chicago Law Review 2105 (December, 2025) |
In the twenty-first century, slavery is still alive in the United States, but thankfully, it is increasingly unwell. States across the country, in places both expected and unexpected, have begun to pass amendments to their state constitutions that seek to finish the job started over 150 years ago by the Thirteenth Amendment. Whereas that amendment... |
2025 |
|
| Tamika Griffin Moses |
NO KNOCK? NO CASE: PROSECUTORIAL DETERRENCE AS A COUNTERMEASURE TO NO-KNOCK WARRANTS |
2025 Utah Law Review 337 (2025) |
The high-profile deaths of Amir Locke and Breonna Taylor ignited a national debate surrounding the legitimacy of no-knock warrants. Their deaths are part of a cycle of reaction and inaction that permeates this debate. As the impacted communities and segments of the populace respond by demanding that federal and state legislatures abolish or... |
2025 |
|
| Martha Minow |
NOT BORN A DEMOCRACY: CONSTITUTIONAL PRECONDITIONS |
67 William and Mary Law Review 135 (October, 2025) |
Beneath growing perceptions of constitutional crisis and democratic fragility in the United States lies a fundamental conundrum. Critical preconditions for effective self-government are either weak or missing in action, and our constitutional system, at least for now, stands in the way of actions to strengthen or build those preconditions. This... |
2025 |
|
| Kimberly West-Faulcon |
NOT COLORBLIND |
120 Northwestern University Law Review 167 (2025) |
Abstract--This Essay criticizes the use of the term colorblind in reference to attacks on racial diversity, equity, and inclusion (DEI) policies. It argues it is inapt and unconscionably obtuse to use colorblindness terminology to selectively target inclusion-motivated race consciousness for automatic illegality. The Essay's central project is to... |
2025 |
|
| Mae C. Quinn |
NOTICING INJUNCTIONS |
59 University of Richmond Law Review 447 (Winter, 2025) |
Injunctions abound. And yet, they are largely invisible. Beyond the parties to a case in which an injunction is ordered, few outsiders may be aware they exist. And even when an order for injunctive relief makes the news, its exact terms may not be widely known. But like legislative enactments and publicly reported appellate decisions, injunctions... |
2025 |
|
| Rachel Moran |
OVERBROAD PROTEST LAWS |
125 Columbia Law Review 1197 (June, 2025) |
Protests are woven into the history and social fabric of the United States. Whether the topic involves racial inequity, abortion, police brutality, oil and gas pipelines, war, or allegedly stolen elections, Americans will voice their opposition--occasionally, in frightening or destructive ways. Politicians, in turn, have a history of using their... |
2025 |
|
| Spencer Overton |
OVERCOMING RACIAL HARMS TO DEMOCRACY FROM ARTIFICIAL INTELLIGENCE |
110 Iowa Law Review 805 (January, 2025) |
ABSTRACT: While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy. Left unchecked, AI will exacerbate already substantial existing challenges, such as racial polarization, cultural anxiety, antidemocratic attitudes, racial vote... |
2025 |
|
| Meghan L. Morris |
PARAMILITARY PROPERTY |
60 Harvard Civil Rights-Civil Liberties Law Review 107 (Winter, 2025) |
Paramilitarism is on the rise in America. In recent years, paramilitaries have mounted violent responses to movements for racial justice, climate emergencies, public health protocols, and migrant border crossings. Militias, white power organizations, and other paramilitary groups often claim their violence is justified as a legitimate defense of... |
2025 |
|
| Isis Misdary |
PARTICIPATORY DEFENSE AND THREE PILLARS OF CRIMINAL INJUSTICE |
25 Nevada Law Journal 325 (Spring, 2025) |
[I]f one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected--those, precisely, who need the law's protection most!--and listens to their testimony. James Baldwin, No Name in the Street Three separate... |
2025 |
|
| Michael Conklin |
PEAK WOKENESS IN LEGAL SCHOLARSHIP: AN EMPIRICAL ANALYSIS OF RECENT TRENDS IN PROGRESSIVE TOPICS |
61 California Western Law Review 381 (Spring, 2025) |
C1-3Table of Contents I. Introduction. 382 A. What is Woke?. 384 B. Evidence of Peak Wokeness. 389 II. Methodology. 398 III. Results. 399 IV. Discussion. 400 V. Conclusion. 404 |
2025 |
|
| Alexander Lindenfelser |
PEOPLE POWER AND POLICE POLICY: HOW DENYING INTERVENORS IN PATTERN-OR-PRACTICE POLICE LITIGATION UNDERMINES POLICE ACCOUNTABILITY |
43 Minnesota Journal of Law & Inequality 209 (Spring, 2025) |
The master's tools will never dismantle the master's house. Who will? Dr. Ruth Wilson Gilmore Policing is a pressing civil rights issue in our time. Policing, as Amna Akbar describes it, advance[s] inequality through [its] distribution of violence and surveillance, death, and debt. This is not a new phenomenon by any means--the same Civil... |
2025 |
Yes |
| Grace Watkins |
PIETY POLICE |
134 Yale Law Journal 2984 (June, 2025) |
Religiously affiliated universities are permitted to maintain their own private police under the rationale that these departments serve an educational, rather than religious, mission. This Note calls that rationale into question by uncovering the history of the Brigham Young University Police Department's (BYUPD's) morals policing, which blurred... |
2025 |
Yes |
| Janel A. George |
PLACE, POWER, AND SCHOOL PUSHOUT: DEFENSIVE LOCALISM AND SCHOOL DISCIPLINE |
125 Columbia Law Review 2145 (December, 2025) |
Suspensions, expulsions, and school-based arrests: These exclusionary and overly punitive disciplinary responses disproportionately impact Black students and have become normalized throughout the nation. In reality, school pushout, or the disciplinary sanction of removing students from the classroom, contravenes the very purpose of public education... |
2025 |
|
| Jillian Fantuzzi |
POLICE BRUTALITY AS DEMOCIDE IN THE UNITED STATES: THE SUPREME COURT'S ACQUIESCENCE TO POLICE-CIVILIAN VIOLENCE |
8 Cardozo International & Comparative Law Review 141 (Winter, 2025) |
Never again is a power phrase used by survivors, observers, scholars, and descendants of survivors when reflecting on the mass casualties of innocent civilians resulting from government methods, like Nazism, ethnic cleansing, communism, and genocide, to exterminate groups deemed different or less than. Many blame dictatorial regimes for these... |
2025 |
Yes |
| Emily M. Poor |
POLICE GATEKEEPING |
30 Michigan Journal of Race and Law 49 (Spring, 2025) |
The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace - they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against... |
2025 |
Yes |
| Michal Buchhandler-Raphael |
POLICE MINIMALISM IN DOMESTIC VIOLENCE |
57 Arizona State Law Journal 97 (Spring, 2025) |
As primary responders to most emergencies, police dedicate much of their time to handling domestic incidents. Data suggests that calls related to such incidents form the majority of police call-outs, ranging from fifteen to potentially over fifty percent depending on the jurisdiction. And yet, police are frequently unequipped and ill-suited for... |
2025 |
Yes |