| Author | Title | Citation | Summary | Year | key Terms in Title or Summary |
| Salimah Khoja , Paulina Leyva Hernandez |
BETWEEN A RIVER AND A WALL: AN IMPOSSIBLE CHOICE FOR MIGRANTS LIVING UNDER OPERATION LONE STAR AND S.B. 4 |
27 CUNY Law Review 270 (Summer, 2024) |
In 2023 the Texas legislature passed Senate Bill 4 (S.B. 4), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas's S.B. 4 and Arizona's Senate Bill 1070 (S.B. 1070) were created to... |
2024 |
Yes |
| Daniel S. Harawa |
BETWEEN A ROCK AND A GUN |
134 Yale Law Journal Forum 100 (11/12/2024) |
abstract. The Roberts Court has methodically expanded the scope of Second Amendment rights. But in its first Second Amendment case involving a criminal defendant, United States v. Rahimi, the Court blinked. This Essay examines some of the deeper issues that lurk behind the Court's seemingly inconsistent treatment of Second Amendment rights and what... |
2024 |
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| Prof. Angela D. Minor, Esq. |
BLACK LIVES STILL MATTER: THE UNCONSTITUTIONALITY OF THE REASONABLENESS STANDARD IN THE DOCTRINE OF QUALIFIED IMMUNITY |
27 University of the District of Columbia Law Review 71 (Spring, 2024) |
Legislative history serves as a tool of argumentation that offers preliminary insight as to why a particular law has been codified, passed, and implemented in society. It is designed to provide extensive background knowledge of the true intentions of the codification of a statute. An examination of the legislative history of the Civil Rights Acts... |
2024 |
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| Abhery Das , Michael Esposito , Hedwig Lee |
BODILY HARM: THE HEALTH CONSEQUENCES OF POLICING IN THE UNITED STATES |
112 California Law Review 1043 (June, 2024) |
In the United States, more than fifty million people have direct contact with police every year. Types of direct contact include pedestrian or traffic stops, traffic accidents, arrests, or resident-initiated events. During these police encounters, approximately one million individuals experience use of force. Annually, an estimated 250,000... |
2024 |
Yes |
| |
BOOK NOTES |
49 Law and Social Inquiry e1 (August, 2024) |
Constitutional Theory and History. 2 Criminal Justice and Social Control. 2 Criminal Justice and Social Control: Incarceration. 3 Criminal Justice and Social Control: Policing. 4 Fieldwork and Positionality. 6 Judicial Power. 6 Jurisprudence and Socio-Legal Theory. 6 Law and the Administrative State. 7 Law and Autocracy. 7 Law and Campaign Finance.... |
2024 |
Yes |
| David M. N. Garavito , Amelia Courtney Hritz , John H. Blume |
CAGED BIRDS AND THOSE THAT HEAR THEIR SONGS: EFFECTS OF RACE AND SEX IN SOUTH CAROLINA PAROLE HEARINGS |
27 University of Pennsylvania Journal of Law and Social Change 99 (2024) |
When most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons... |
2024 |
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| Tanya Katerí Hernández |
CAN CRT SAVE DEI?: WORKPLACE DIVERSITY, EQUITY & INCLUSION IN THE SHADOW OF ANTI-AFFIRMATIVE ACTION |
71 UCLA Law Review Discourse 282 (2024) |
Just four years after the nation's summer of 2020 protests--sparked by the murder of George Floyd--culminated in a racial reckoning in which many organizations across the country instituted racial equity measures and policies, legislators across the nation are enacting anti-Critical Race Theory (CRT) bans in a seeming backlash to this advocacy for... |
2024 |
|
| Kate Levine |
CAN POLICE MISCONDUCT BE LIMITED? |
85 Ohio State Law Journal Online 11 (2024) |
C1-2Table of Contents I. Introduction. 1 II. Understanding the Scope of Police Criminality. 3 III. Decarceration and Limiting Principles. 9 VI. Conclusion. 13 |
2024 |
Yes |
| Jessica Tilton |
CAN POLICING BE PURGED OF WHITE SUPREMACY? A FIRST AMENDMENT INQUIRY |
45 Mitchell Hamline Law Journal of Public Policy and Practice 179 (Spring, 2024) |
I. Introduction. 181 II. Banning White Supremacy in Law Enforcement is a Concrete and Necessary Step Towards Fix the Evergrowing Distrust in the Institution of Policing.. 186 A. Instances of white supremacist officers terrorizing their communities.. 189 III. The First Amendment Does Not Provide Absolute Protection for Speech from Public Employees..... |
2024 |
Yes |
| Michael O'Hear |
CAN THE EXCESSIVE FINES CLAUSE MITIGATE THE LFO CRISIS? AN ASSESSMENT OF THE CASELAW |
108 Minnesota Law Review 1171 (February, 2024) |
The nation's increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One... |
2024 |
Yes |
| |
CAPITAL PUNISHMENT |
53 Georgetown Law Journal Annual Review of Criminal Procedure 979 (2024) |
Proportionality. Under the Eighth Amendment, which prohibits cruel and unusual punishment, defendants sentenced to death must be convicted of a crime for which the death penalty is a proportionate punishment. Appellate courts routinely analyze the constitutionality of a death sentence through the lenses of both evolving societal views and... |
2024 |
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| Akin Adepoju |
CAPITAL PUNISHMENT UNMASKED: SHADES OF JUSTICE IN AMERICA'S GRIM THEATER |
67 Howard Law Journal 249 (Spring, 2024) |
At the core of America's story lies a sobering reality: laws, whether overt or masked by neutrality, have been instrumental in upholding white supremacy. The nation's history, legal frameworks, and institutions created a system of hierarchy. Slavery, the Three-Fifths Compromise in the Constitution, and the application of the death penalty are... |
2024 |
|
| Carol Jacobsen, David G. Winter, Abigail J. Stewart |
CARCERAL BACKLASH: THE CASE FOR CHANGING THE COURSE OF WOMEN'S HOMICIDE CONVICTIONS |
31 UCLA Journal of Gender & Law 133 (Summer, 2024) |
Carol Jacobsen is a feminist, artist, writer, political organizer, and professor of Film and Photography, Women and Gender Studies, and Law at the University of Michigan. She is founding director of the Michigan Women's Justice & Clemency Project, a grassroots nonprofit working to free women wrongfully sentenced to life and protesting human rights... |
2024 |
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| Sarah M. Morris |
CARRIE-ING ON: ADVANCING JUSTICE FOR DISABLED PARENTS AFTER COLORADO'S CARRIE ANN LUCAS PARENTAL RIGHTS FOR PEOPLE WITH DISABILITIES ACT |
77 Oklahoma Law Review 195 (Autumn, 2024) |
In 2018, the Colorado legislature declared: (I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children; (II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency... |
2024 |
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| Megan Mills Rash |
CASE BRIEF: CAROLINA YOUTH ACTION PROJECT v. WILSON |
103 North Carolina Law Review Forum 32 (2024) |
In late October of 2015, at Spring Valley High, two young, Black high school students were settling into their seats for their algebra class. Both were unaware that they would be leaving school early in handcuffs and each facing criminal charges for disturbing a school. One of the students, Niya Kenny, remembers being a bit late to class and... |
2024 |
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| Bryan L. Adamson |
CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW'S ACADEMY FOR INCLUSIVE LEADERSHIP DEVELOPMENT: A NEW PEDAGOGY INTEGRATING DIVERSITY, EQUITY, AND INCLUSIVE BELONGING INTO LEGAL EDUCATION |
75 Washington University Journal of Law & Policy 1 (2024) |
This essay outlines the blueprint for The Academy for Inclusive Leadership Development at Case Western Reserve University School of Law. Created in response to the national, racialized police brutality of The Racial Reckoning in summer 2020, The Academy seeks to equip legal professionals and students with tools to identify, assess, and reform... |
2024 |
Yes |
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
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| Michelle Wilde Anderson |
CENTERING THE STATE IN STATEGRAFT: REFORMING ABUSIVE LOCAL GOVERNMENTS REQUIRES STATE LAW REFORM |
2024 Wisconsin Law Review 621 (2024) |
Ten years have passed since Darren Wilson, an officer of the Ferguson police department in Missouri, killed teenager Michael Brown. The street uprising that followed led to a generation of investigative journalism, federal inquests, civil rights litigation, and legal and policy scholarship that documented local governments engaged in illegal,... |
2024 |
Yes |
| Jason A. Cade |
CHALLENGING THE CRIMINALIZATION OF UNDOCUMENTED DRIVERS THROUGH A HEALTH JUSTICE FRAMEWORK |
41 Wisconsin International Law Journal 325 (Spring, 2024) |
States increasingly use driver's license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend--state schemes that prohibit noncitizen residents from accessing driver's licenses and then impose criminal sanctions for driving without... |
2024 |
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| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
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| Shelby Stender |
CIRCUMVENTING THE FOURTH AMENDMENT: THE UNCONSTITUTIONAL NATURE OF GEOFENCE WARRANTS |
2024 Utah Law Review 733 (2024) |
Federal and state law enforcement agencies are using a new tactic for gathering evidence: geofence warrants. These warrants allow law enforcement to gather historical location data collected by third party companies including Google, Facebook, Amazon, and Apple. Armed with a geofence warrant today, law enforcement agencies can track the previous... |
2024 |
Yes |
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
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| Fred O. Smith, Jr. |
CIVIL JUSTICE AND ABOLITION: AN EXERCISE IN DIALECTIC |
112 California Law Review 1057 (June, 2024) |
This Essay delves into an apparent paradox that surfaced during a symposium entitled Section 1983 and Police Use of Force. Two themes were prevalent: one advocating for reforms to legitimize America's criminal legal system and another warning against legitimizing a broken system through such reforms. This duality underscored a legitimacy... |
2024 |
Yes |
| Jeremiah A. Ho |
COLONIZING QUEERNESS |
95 University of Colorado Law Review 889 (2024) |
This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or... |
2024 |
|
| Daniel S. Harawa |
COLORING IN THE FOURTH AMENDMENT |
137 Harvard Law Review 1533 (April, 2024) |
C1-2CONTENTS Introduction. 1535 I. Race-ing and (E)race-ing Seizures.. 1540 A. The Reasoning of Courts that Do Not Consider Race. 1542 B. The Reasoning of Courts that Consider Race. 1544 II. Porting Colorblindness to the Fourth Amendment. 1548 A. The Incessant Invocation of Justice Harlan's Dissent. 1548 1. Colorblindness in the Wings: Concurrences... |
2024 |
|
| Edward Crane |
COMMONWEALTH v. KAREN K., 491 MASS. 165 (2023) |
104 Massachusetts Law Review 111 (May, 2024) |
Reasonable doubt is often considered to be the most important legal standard in our criminal justice system. Though notoriously difficult to define, the standard is well known by both lawyers and lay people. The prominence of the standard is reflected in popular culture, as it has served as the title for a classic hip-hop album by Jay-Z as well as... |
2024 |
|
| Alexis Hoag-Fordjour |
COMMUNITY RESPONSIVE PUBLIC DEFENSE |
92 Fordham Law Review 1309 (March, 2024) |
I. Defining the Terms. 1311 A. Defining the Community. 1312 B. Responding to That Community. 1315 C. Increased Community Action Addressing Injustice. 1318 II. Community Responsiveness in Action. 1321 A. Mindful, Mission-Driven Staffing. 1322 B. Advocacy Outside of the Courtroom. 1325 C. Funding Source Makes a Difference. 1328 III. Benefits and... |
2024 |
|
| Chelsea Sissom |
COMPULSORY COLOR-BLINDNESS versus THE FIRST AMENDMENT: PROTECTING CULTURALLY RESPONSIVE INSTRUCTION IN THE AGE OF ANTI-CRITICAL RACE THEORY HYSTERIA |
96 Temple Law Review 471 (Spring, 2024) |
Who knows who might be the target of the well-read man? It appears conservative legislators fear it will be them. In May 2021, the first of a wave of politicians passed laws restricting discussions of race and racism in classrooms across the country. These laws and policies began as a political response to the 2020 racial reckoning in the United... |
2024 |
|
| Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley |
COMPUTATIONALLY ASSESSING SUSPICION |
92 University of Cincinnati Law Review 1108 (2024) |
C1-3Contents Introduction. 1109 I. Reasonable Suspicion Can Be Modeled. 1116 A. The Law of Drug Interdiction Stops. 1118 B. The Ill-Defined Reasonable Suspicion Standard. 1123 C. The Potential Benefits of an Automated Standard. 1125 II. Identifying Legally Relevant Factors with Language Models. 1127 A. Developing a List of Suspicious Factors. 1128... |
2024 |
|
| David. B. Owens |
CONSENT SEARCHES AS POLICE VIOLENCE |
85 Ohio State Law Journal Online 76 (2024) |
C1-2Table of Contents I. Introduction. 1 A. Consent Searches Must Be Understood in Context of the Spectacle of Police Violence. 2 B. Requests for Consent Are an Expression of Authority (Backed with a Threat of Violence). Can They Ever Be Voluntary?. 8 II. A Proposed Solution: Keep Consent but Make it a Jury Question?. 10 III. Conclusion. 12 |
2024 |
Yes |
| Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
2024 |
Yes |
| Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
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| Carliss Chatman |
CORPORATE HUMAN TRAFFICKING |
102 Texas Law Review 1263 (May, 2024) |
The utilization of the internet for human trafficking and sexual exploitation is not an issue that can be tackled one corporation, one country, or one market sector at a time. It is an international problem that requires broader solutions that can protect and provide remedy to victims without chilling the freedom of speech and freedom of contract... |
2024 |
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| Joshua J. Schroeder |
COURTING OBLIVION PART I: HOW TO PREDICATE AN ACT OF OBLIVION ON THE RIGHT TO MOVE ON |
72 Cleveland State Law Review 805 (2024) |
This is the opener of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness, usually to predicate a second chance, a restart, or even an era of reconstruction. This Article opens the Courting Oblivion series by demonstrating how blind-deaf concepts of justice... |
2024 |
|
| Josephine Ross |
CRACKS IN THE "THIN BLUE LINE": POLICING, DEMOCRACY, AND INSURRECTION |
31 Virginia Journal of Social Policy and the Law 243 (Fall, 2024) |
Introduction. 244 I. Park Police Failures on the Mall. 251 A. D.C. Law Gave Police the Power to Stop, Search, and Arrest. 251 B. What Police Knew and When They Knew It. 254 C. Monitor Only. 260 II. The Thin Blue Line and Police Sovereignty. 262 III. Crossing the Blue Line Into the Enemy Camp. 267 A. Race and Insurrection. 267 B. Officers Who... |
2024 |
Yes |
| Benjamin Levin |
CRIMINAL LAW MINIMALISMS |
101 Washington University Law Review 1771 (2024) |
L1-2Table of Contents Introduction. 1772 I. What Should Minimalists Minimize?. 1777 A. The Number of Substantive Criminal Laws. 1779 B. The Reach of Substantive Criminal Law. 1780 C. Carceral Punishment. 1783 D. Policing. 1785 E. Social Control. 1786 F. Structural Inequality. 1788 G. Cultural Tendencies. 1789 II. How Much Should Minimalists... |
2024 |
Yes |
| Steven Arrigg Koh |
CRIMINAL LAW'S HIDDEN CONSENSUS |
101 Washington University Law Review 1805 (2024) |
American criminal law is facing a crisis of meaning. On one hand, the traditional school invokes the archetype of the violent criminal--a murderer, rapist, or thief--who must be prosecuted and punished. On the other hand, the critical school invokes the archetype of the low-level drug offender, sentenced to a draconian prison term for mere... |
2024 |
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| Delphine Brisson-Burns |
CRIMINALIZING RACE: HOW DIRECT AND INDIRECT CRIMINALIZATION OF RACIAL "STATUS" CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT |
21 UC Law Journal of Race and Economic Justice 71 (February, 2024) |
Eighth Amendment Jurisprudence proscribes criminalization based on status. Based on United States Supreme Court case law, for the purposes of this paper, status is understood to mean an ongoing state of being. This paper argues that race is status and thus criminalizing people of color based on race violates the Cruel and Unusual Punishment... |
2024 |
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| Margaret Hu |
CRITICAL DATA THEORY |
65 William and Mary Law Review 839 (March, 2024) |
Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with... |
2024 |
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| S. Lisa Washington |
CRITICAL FAMILY REGULATION SCHOLARSHIP |
2024 Wisconsin Law Review 1559 (2024) |
Family law scholarship is increasingly reflective of the state's centrality in the lives of marginalized families. One way this shift has taken place is through a focus on the family regulation system. As increased attention is directed towards this system, two competing narratives have emerged. The mainstream narrative describes the family... |
2024 |
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| Kathleen Kim , Kevin Lapp , Jennifer J. Lee |
CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1515 (October, 2024) |
U.S. immigration law has always been a place for Americans to enact their many prejudices. Often, it edifies norms that exclude and subordinate noncitizens due to their race, gender, or socioeconomic status. As a result, immigration law and policy create great human suffering through actions such as separating families, excluding refugees, and... |
2024 |
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| Jasmine B. Gonzales Rose |
CRITICAL RACE THEORY AS LEGAL EPISTEMIC JUSTICE |
104 Boston University Law Review 1295 (September, 2024) |
C1-2Contents Introduction. 1296 I. Critical Race Theory: Truth, Fearmongering, and Promise. 1297 A. What Is Critical Race Theory?. 1297 B. What Are the Attacks on CRT?. 1297 C. Why Is CRT Under Attack?. 1301 II. The Epistemic Injustice of Silencing CRT. 1303 A. Hermeneutical Injustice. 1304 B. Testimonial Injustice. 1306 C. Legal Epistemic... |
2024 |
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| John Beaty |
CRITICAL RACE THEORY IN THE CLASSROOM: IOWA'S CRITICAL RACE THEORY BAN AND THE LIMITS OF THE FIRST AMENDMENT |
27 Journal of Gender, Race and Justice 137 (Winter, 2024) |
In 2019, Critical Race Theory (CRT) moved from the pages of law journals to the front page of the newspaper and became the centerpiece of a partisan political battle over the classroom. In response, several states have passed laws to ban CRT from the classroom. Iowa's CRT ban directly regulates speech about race in K-12 classrooms and one Iowa... |
2024 |
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| Edward R. Maguire , David H. F. Tyler , Natasha Khade , Victor Mora |
CROWD REACTIONS TO THE POLICE USE OF FORCE AT THE 2017 PHOENIX TRUMP RALLY |
30 Psychology, Public Policy, and Law 223 (May, 2024) |
This study examines crowd reactions to police use of force at a protest outside of a 2017 campaign-style rally held by U.S. President Donald Trump in Phoenix, Arizona. We rely on a mixed-method analysis that draws on three primary data sources: direct observations, video footage of the protest, and interviews with protesters. We use thematic... |
2024 |
Yes |
| Ilan Friedmann-Grunstein |
CURING TERRY'S COLORBLINDNESS |
76 Oklahoma Law Review 1025 (Summer, 2024) |
Scholars, policymakers, and advocates have long bemoaned the Supreme Court's colorblind Fourth Amendment jurisprudence. The Court has alternatively ignored or condoned racially discriminatory searches and seizures, allowing government agents to engage in widespread racial profiling. Proposed reforms have typically focused on doctrinal solutions... |
2024 |
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| Melodi H. Dinçer |
DATA JUSTICE READINESS: AN ABOLITIONIST FRAMEWORK FOR TECH CLINIC INTAKE |
31 Clinical Law Review 153 (Fall, 2024) |
Within two decades, the tech industry has turned most of modern life into a real-time data stream, reducing human beings into trackable datasets. Gaps in government services--including benefits administration, education, transportation, and public health--have created new market opportunities for tech companies to profit off product solutions that... |
2024 |
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| Kate Sablosky Elengold |
DEBT, RACE, AND PHYSICAL MOBILITY |
112 California Law Review 833 (June, 2024) |
Residents in every state in the United States can lose their driver's license or car registration because they owe debt to the state. At least eleven million people across the United States suffer these debt-based driving restrictions at any given time. Because Americans overwhelmingly rely on personal automobiles for transportation, states, by... |
2024 |
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| Deirdre Pfeiffer , Xiaoqian Hu |
DECONSTRUCTING RACIAL CODE WORDS |
58 Law and Society Review 294 (June, 2024) |
Racism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what colorblind race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse--racial code words, which are (1) indirect signifiers of racial... |
2024 |
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| Sheldon Bernard Lyke |
DEFENSE AGAINST THE DARK ARTS: THE DIVERSITY RATIONALE AND THE FAILED AFFIRMATIVE DEFENSE OF AFFIRMATIVE ACTION |
80 Washington and Lee Law Review 1873 (2024) |
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight... |
2024 |
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| Lackland H. Bloom, Jr. |
DEFIANCE |
55 Saint Mary's Law Journal 641 (2024) |
L1-2Introduction . L3643 I. English Antecedents. 645 II. The American Revolution. 650 III. Shay's Rebellion. 654 IV. Defiance of the Marshall Court. 656 A. M'Culloch v. Maryland. 656 B. Cherokee Nation Decisions. 657 V. The Nullification Crisis. 659 VI. Religious and Ethnic Incidents Prior to the Civil War. 660 VII. The Abolitionist Movement. 661... |
2024 |
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