AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Eva Quinones HOSTILE VOTING ENVIRONMENTS: CONCEPTUALIZING RACE-CLASS DISPARITIES IN POLLING PLACES AS DISENFRANCHISEMENT 27 University of Pennsylvania Journal of Constitutional Law 218 (March, 2025) Research in the social sciences has long indicated that racial minorities and class-disadvantaged voters wait longer to vote, receive more confusing answers from poll workers, and vote at locations with worse lighting, signage, parking, and facilities for the disabled. With voting environments as they are, people can vote, but voting will be more... 2025  
April Shaw HOW STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE FUELS STRUCTURAL RACISM AND UNDERCUTS EFFORTS TO ACHIEVE RACIAL HEALTH EQUITY 17 Northeastern University Law Review 75 (May, 2025) C1-2Table of Contents Abstract 79 Introduction 81 I. A Brief Overview of the Supreme Court's Affirmative Action Jurisprudence Prior to SFFA 88 II. SSFA: A Radical Departure from Precedent 94 A. Compelling Interest 94 B. The Zero-Sum Model 97 C. Denial of Structural Racism and its Impacts 100 III. SSFA's Health Impacts on Communities of Color 106 A.... 2025  
Mugambi Jouet HUMANITY, RACE, AND INDIGENEITY IN CRIMINAL SENTENCING: SOCIAL CHANGE IN AMERICA, CANADA, EUROPE, AUSTRALIA, AND NEW ZEALAND 48 New York University Review of Law and Social Change 188 (2025) The role of systemic racism in criminal justice is a growing matter of debate in modern Western democracies. The United States has garnered the most attention given the salience of its racial issues and the disproportionate attention that American society garners around the world. This has obscured major developments in Canadian society with great... 2025  
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  
Abbe Smith I HATE SELF-CARE: A CRIMINAL DEFENSE LAWYER'S LAMENT 63 American Criminal Law Review Online 1 (2025) Don't get me wrong--I think people should take care of themselves. They should eat well, exercise regularly, and get a good night's sleep. They should spend time with friends and family. They should have hobbies and interests. With any luck, they should find true love. But in the past decade or two, and especially since the COVID pandemic, there... 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  
Negar Katirai IF YOU BUILD IT, THEY WILL COME 57 University of Toledo Law Review 27 (Fall, 2025) The first family justice center opened its doors to victim-survivors of intimate partner violence in 2002 in San Diego, California. The center co-locates staff from private and public agencies with the goal of making it easier for victim-survivors of intimate partner violence to access services. This family justice center model quickly rose in... 2025  
Margot E. Kaminski , Gianclaudio Malgieri IMPACTED STAKEHOLDER PARTICIPATION IN AI AND DATA GOVERNANCE 27 Yale Journal of Law and Technology 247 (2025) Privacy law has long centered on the individual. But we observe a meaningful shift toward group harm and rights. There is growing recognition that data-driven practices, including the development and use of artificial intelligence (AI) systems, affect not just atomized individuals but also their neighborhoods and communities, including and... 2025  
Kristina E. Smith INCENTIVIZING LIHTC DEVELOPMENT IN RURAL CRA DESERTS 29 North Carolina Banking Institute 480 (March, 2025) Households across the United States currently face an alarming lack of affordable housing. Extremely low-income renters--those with incomes at the poverty level or below 30% of Area Median Income (AMI)--are most impacted by the housing shortage. The National Low Income Housing Coalition warns there is a shortage of 7.3 million rental homes that... 2025 Yes
Jessica L. Millward INHERITED HEALTH: A TARGETED MEDICAID REFORM TO REDRESS GENERATIONAL HEALTH DISPARITIES 55 Seton Hall Law Review 699 (2025) Health, like wealth, can be inherited. We pass down health knowledge, health behaviors, and health itself between generations, just as we do wealth. What happens when a lack of health is passed between generations, and how can an intergenerational legacy of ill health be interrupted? This concept of health inheritance can explain, in part, why... 2025  
Richard Rothstein INITIATING REMEDIES FOR OUR UNCONSTITUTIONAL AND UNLAWFUL RESIDENTIAL SEGREGATION 57 Connecticut Law Review 1027 (May, 2025) In 1866, Congress passed a Civil Rights Act outlawing burdens on freed slaves not also imposed on free whites, reasoning that racial discrimination--both public and private--undermined effective emancipation. However, subsequent Supreme Court jurisprudence did not honor or uphold this law and its progeny. Had it done so, the hard-fought promise 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 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  
Stephen J. Wermiel INTERVIEW WITH MAYA D. WILEY 51 Human Rights 20 (October, 2025) Maya D. Wiley is the president of the Leadership Conference on Civil and Human Rights, a broad coalition of organizations fighting for equality and justice. She has worked for decades, both in and out of government, to promote a fairer, ore just society. In August 2025, she received the prestigious Thurgood Marshall Award presented by the ABA... 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  
Charles S. Bullock, III , Charles M. Lamb JIM CROW NORTH AND FAIR HOUSING ENFORCEMENT 15 Columbia Journal of Race and Law 1193 (May, 2025) This article investigates how federal, state, and local government agencies enforce the federal Fair Housing Act of 1968 (also known as Title VIII of the Civil Rights Act of 1968) in Northeastern states, which are referred to here as the Jim Crow North. Focusing on data obtained from the U.S. Department of Housing and Urban Development (HUD) under... 2025  
Lucy Jewel JUSTICE LEWIS POWELL'S QUIET LUXURY: FROM BAKKE TO SFFA 15 Washington Journal of Social & Environmental Justice 1 (June, 2025) This article is anchored by Justice Lewis Powell's 1978 opinion in Regents of the University of California v. Bakke. Taking a unique interdisciplinary approach, this article pulls together several threads within the Bakke opinion--combining critical race theory, feminist theory, rhetorical analysis, and biographical analysis to forge a new... 2025  
Sarah J. Adams LAND LAW LOCALISM AND THE CLIMATE RESILIENCE PARADOX 36 Stanford Law and Policy Review 47 (July, 2025) This article and its companion, Federal Flood Policy & Maladaptation: A Story of Collective Forgetting, 34 S. Cal. J. Interdisciplinary L. (in print 2025), confront foundational assumptions about land use governance and community resilience, focusing on potential legal reforms that center justice, support community engagement and activism, and... 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  
Catharine A. MacKinnon, Max Waltman LEGAL PROSTITUTION: A CRIME AGAINST HUMANITY? 66 Harvard International Law Journal 153 (Winter, 2025) Not far from the Labor Court, a woman in a snake-skin dress sits next to a wooden outhouse. The city has set up these so-called labor boxes for prostitutes. There, they are supposed to work and do their business simultaneously. It smells like feces and urine. She had just given a john a blowjob for twenty euros, the prostituted woman says--the drug... 2025  
Bojan Perovic LEGAL STRATEGIES AND GLOBAL SYNERGIES: EXPANDING THE LEGACY OF BROWN v. BOARD FOR EDUCATIONAL EQUITY 28 UCLA Journal of International Law and Foreign Affairs 115 (Spring, 2025) This article examines the enduring legacy of Brown v. Board of Education within a global framework, emphasizing its profound role in advancing racial justice and educational equity. By juxtaposing the struggles of African Americans in the United States and the Roma in Europe, the article highlights the necessity of an integrated approach that... 2025  
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  
Kimberly Ambrose MAKING YOUTH MATTER 100 Washington Law Review 619 (October, 2025) Abstract: Gun violence is the leading cause of death for children and adolescents in the United States. The harm caused by this public health crisis falls disproportionately on Black and Brown youth. While it is broadly accepted that children are less blameworthy than adults for their criminal behavior, what does this mean when they have access to... 2025  
Jonathan Brooks MAXIMIZING STUDENT ACHIEVEMENT: SHIFTING FROM A NEOLIBERAL PHILOSOPHY OF EDUCATION TO A "WELL-EDUCATED VOTER AND JUROR" MODEL 59 University of Richmond Law Review 827 (Symposium 2025) C1-3Table of Contents L1-2Introduction . L3829 I. The Law-and-Political-Economy (LPE) Movement and Its Fight Against Neoliberalism. 831 II. Comparing High-Achieving and Low-Achieving School Districts to Determine How to Best Spend Funds for Maximum Results. 836 A. Commonalities Across All the Districts. 839 B. Correlation with Student Achievement... 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  
William M. Sage , Texas A&M School of Law, Fort Worth, TX, USA, Email: william.sage@tamu.edu MONEY, SOLIDARITY, AND HALF A CENTURY OF HEALTH REFORM 51 American Journal of Law & Medicine 314 (2025) This essay explores central aspects of the relationship between money and national health policy from the passage of Medicare in 1965 to the present, including the two most sweeping attempts at system reinvention during that period: the Patient Protection and Affordable Care Act of 2010 (ACA), and the failed Health Security Act of the early 1990s.... 2025  
Jeena Patel MOVING FORWARD FROM BRACKEEN AND SOLUTIONS FOR THE GREATER EFFICACY OF THE INDIAN CHILD WELFARE ACT 110 Cornell Law Review 1339 (December, 2025) Introduction. 1340 I. The Indian Child Welfare Act of 1978 (ICWA) and its Progeny. 1341 II. Historical Context of ICWA. 1345 III. ICWA Decision and its Implications. 1347 IV. Current Enforcement of ICWA and its Efficacy. 1349 A. Biases Against Indian Families Remain Pervasive. 1351 V. Solutions for Greater Efficacy of ICWA in Preventing the Removal... 2025 Yes
Franciska Coleman MULTIRACIAL, INTERCLASS DEMOCRACY 55 Seton Hall Law Review 1199 (2025) In 2019, after teaching for seven years in Seoul, South Korea, I was preparing to begin my first U.S. teaching job in the Midwest. I had hired a local mover, a White gentleman with a military background who had great online reviews, to move items into my office. After all my books and appliances had been moved in, we chatted as I walked him out of... 2025  
Chaumtoli Huq MUSLIM AMERICAN WORKERS, FAITH AND LABOR ORGANIZING 69 Saint Louis University Law Journal 299 (Winter, 2025) Islam is one of the fastest-growing religions in the U.S. Muslim-Americans are racially, ethnically and theologically diverse and are a politically engaged constituency. It is a community experiencing immense economic insecurity alongside political vulnerability due to discrimination, which make them inclined to labor organizing. Despite these... 2025  
Rebecca Bratspies NEW YORK CITY AS A LABORATORY OF ENVIRONMENTAL INNOVATION 34-SUM Kansas Journal of Law & Public Policy 285 (Summer, 2025) The world is increasingly urban. By 2050, the United Nations projects that more than two-thirds of global population will live in cities. Urbanization is even more pronounced in the United States, where eighty percent of people live in urban areas, defined broadly. People move to these cities for a variety of reasons--urban settings provide... 2025  
Jordyn Ignont NO BREATHING ROOM: EQUITY GAPS IN FEDERAL ENVIRONMENTAL COMPLIANCE AND PATHWAYS FOR REFORM 19 Southern Journal of Policy and Justice 26 (May, 2025) C1-2Contents Contents. 26 Introduction. 28 Background. 30 I. Understanding Environmental Racism. 31 II. How Housing Policy Built Environmental Injustice. 32 III. Still Breathing Injustice: The Modern Toll of Historic Segregation. 36 Analysis. 37 I. How Black Communities Become Sacrifice Zones. 37 A. Mott Haven Neighborhood--Bronx, NY. 37 B. West... 2025  
Steffi Colao NO RIGHT TO EXCLUDE: THE EUROPEAN UNION'S REPARATIVE MIGRATION OBLIGATIONS 41 American University International Law Review 37 (2025) In this article, I unify the diverse but related ways that scholars, activists, and people on the move have demanded migration as a form of reparations. I first compare (mostly U.S.-based) theoretical arguments for migration as a form of reparations for colonization, military occupation, and climate harm. I then turn to international legal... 2025  
Elizabeth Kukura NORMALIZING MATERNAL AMBIVALENCE 57 Arizona State Law Journal 557 (Summer, 2025) Certain themes are common when identifying good mothers: becoming a mother is an overwhelmingly happy experience; good mothers love their children immediately; good mothers will sacrifice their own health, bodies, and other needs to serve their children's interests; and good mothers do not feel ambivalent about their children or about being a... 2025  
Ann M. Murphy NOTHING TO GAIN: THE DISPARATE IMPACT OF THE CAPITAL GAINS TAX PREFERENCE ON WOMEN AND PERSONS OF COLOR 26 Nevada Law Journal 1 (Fall, 2025) Tax preference provisions are scattered across the Internal Revenue Code, and the capital gains tax rate offers an enormous advantage for wealthy taxpayers. When first enacted, it was touted as eliminating the lock-in effect which caused investors to hold on to their investment property. Today, it is justified as encouraging investment and... 2025  
Keith N. Hylton ON THE MEANING OF DISCRIMINATION: ANTI-RACISM versus COLOR-BLIND POLICY 31 Cardozo Journal of Equal Rights & Social Justice 537 (Spring, 2025) Chief Justice Roberts of the United States Supreme Court has said that the way to stop discrimination on the basis of race is to stop discriminating on the basis of race. In this Article, I examine what it means to discriminate on the basis of race--or what it means to stop discriminating on the basis of race. I consider interventions designed to... 2025  
Michael O'Hear OUR ANEMIC EXCESSIVE FINES CLAUSE: ARE STATE COURTS FOLLOWING THE FEDERAL LEAD? 60 Wake Forest Law Review 563 (2025) In 2019, in Timbs v. Indiana, the United States Supreme Court held for the first time that the Eighth Amendment Excessive Fines Clause is incorporated into the Fourteenth Amendment and thus limits the fines that can be imposed by state and local authorities. In its opinion, the Court suggested that the Clause might be used to rein in the... 2025  
Daniella Rohr , Melissa Friedman OVERREPORTING AND INVESTIGATION IN THE NEW YORK CITY CHILD WELFARE SYSTEM: A CHILD'S PERSPECTIVE 15 Columbia Journal of Race and Law 1160 (May, 2025) Child welfare agencies are tasked with protecting children, and in so doing, with investigating allegations of abuse and neglect. If done properly, such investigations can promote child safety. But the data suggests that New York City's Administration for Children's Services (ACS) subjects far more children and families to intrusive... 2025 Yes
Shannon Price PAPER HOUSES: IDENTIFYING THE HOUSING REMEDIES GAP AND HOW TO CLOSE IT 93 University of Cincinnati Law Review 1078 (2025) Residential tenants are, on paper, among the most protected classes of American consumers. Landlords are subject to a laundry list of regulations: federal fair housing law; state landlord-tenant acts; local business regulations and code enforcement; and more. Since the onset of the COVID-19 pandemic, billions of dollars have been channeled into... 2025  
Rama Hyeweon Kim PARENTS, KIN, AND THE STATE: FAMILY AND HOUSEHOLDS BETWEEN FUNCTIONAL PARENTHOOD AND CHILD PROTECTION 33 Georgetown Journal on Poverty Law and Policy 55 (Fall, 2025) Family law scholars are reconsidering traditional parenthood laws, favoring functional definitions that recognize individuals' relationships with children if they perform a parental function and nurture a parent-child bond. Advocates, primarily focused on middle-class LGBTQ families, view this as a normative good for diverse family structures. This... 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  
Chelsea N. Albritton PATHS OF PUNISHMENT AND PITY: THE JUXTAPOSITION OF THE CRACK EPIDEMIC AND THE OPIOID CRISIS 52 Southern University Law Review 169 (Spring, 2025) Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is in an organized conspiracy to oppress, rob, and degrade them, neither persons nor property will be safe. In this day and age, it is not unusual to hear the term crackhead be used casually as an insult or joke.... 2025 Yes
Nicole Summers , Justin Steil PATHWAYS TO EVICTION 50 Law and Social Inquiry 129 (February, 2025) (Received 14 June 2023; revised 16 January 2024; accepted 10 April 2024; first published online 21 October 2024) Over the past several years, socio-legal researchers have focused attention on the phenomenon of eviction, particularly in low-income communities and communities of color. One major aspect of the eviction phenomenon has been largely... 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  
Joanne Gottesman, Randi Mandelbaum PERMANENCY MEANS IMMIGRATION PERMANENCY: WHY CHILD WELFARE AGENCIES MUST PROVIDE IMMIGRATION ATTORNEYS TO NONCITIZEN CHILDREN IN FOSTER CARE 59 U.C. Davis Law Review 365 (November, 2025) Most noncitizen children in foster care have viable claims for immigration relief that will place them on a path toward lawful permanent resident status and U.S. Citizenship. However, without help from an attorney knowledgeable in immigration law, time will cause many of their claims to expire. The foundational principles of the child welfare... 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  
Malik Morris-Sammons PLEADING FOR HOUSING JUSTICE: DIFFICULTIES IN ESTABLISHING DISPARATE IMPACT UNDER THE FHA 58 Columbia Journal of Law and Social Problems 669 (2025) Since the Supreme Court decided its landmark fair housing case, Texas Department of Housing and Community Affairs v. Inclusive Communities, the federal judiciary has proven a formidable battleground for communities of color seeking to enforce their civil rights under the Fair Housing Act (FHA). The opinion created a robust causal connection... 2025  
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  
Jonathon J. Booth POLICING AFTER SLAVERY: RACE, CRIME, AND RESISTANCE IN ATLANTA 96 University of Colorado Law Review 1 (2025) This Article places the birth and growth of the Atlanta police in context by exploring the full scope of Atlanta's criminal legal system during the four decades after the end of slavery. To do so, it analyzes the connections Atlantans made between race and crime, the adjudication and punishment of minor offenses, and the variety of Black protests... 2025  
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