AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
Masami T. Kanegae COULD WE ACE LAW SCHOOL ADMISSIONS? 48 Journal of the Legal Profession 233 (2024) If law school teaches one thing, it is it depends. This lesson applies just as strongly to law school admissions, where the criteria for admission may depend on any combination of complex factors (such as standardized test scores, GPA, writing samples, extracurriculars, work history, legacy status, or personal narratives, just to name a few).... 2024  
Shavonnie R. Carthens COVID-19 AND ACCESS TO HEALTHCARE AT THE CROSSING OF RACE, POVERTY, AND RURALITY 38 Journal of Law and Health 145 (10/31/2024) Abstract: Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from... 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  
Yael Cohen-Rimer CRIMINISTRATIVE LAW: DATA-COLLECTION, SURVEILLANCE, AND THE INDIVIDUALIZATION PROJECT IN U.S. CHILD WELFARE LAW 44 Columbia Journal of Gender and Law 500 (Spring, 2024) Textual analyses of child welfare laws, joined by extensive textual and legal analyses of case law, reveal how the dance between the administrative and the criminal in child protective services (CPS) is rooted in the individualized perception of poverty. This individualization, which forms the bedrock of the capitalist American welfare state,... 2024 Yes
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  
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  
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  
Naomi Grace “Gigi” Hodo Walker , Brian Flaherty CUING SAFETY IN THE LAW SCHOOL CLASSROOM: USING A POLYVAGAL THEORY FRAMEWORK IN SUPPORT OF TRAUMA-INFORMED TEACHING PRACTICES 53 Journal of Law and Education 85 (Spring, 2024) The past few decades have seen a welcomed focus on Trauma-informed education. This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma. While the original study focused on outcomes such as chronic health problems, incarceration, and... 2024  
Mark Dorosin CUMMING v. RICHMOND COUNTY BOARD OF EDUCATION: THE GREAT DISSENTER'S GREAT BETRAYAL 62 Duquesne Law Review 241 (Summer, 2024) 1. The Road to the Bench. 242 2. The Great Dissenter. 244 a. The Civil Rights Cases. 244 b. Plessy v. Ferguson. 249 3. Cumming v. Richmond County Board of Education. 251 a. The Origin Story. 253 b. Harlan's Opinion. 255 c. Some Early Impacts. 258 4. The Continuing Legacy of Cumming. 262 5. Concluding Thoughts. 270 2024  
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  
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  
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  
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  
Daniel Kees DEFANGING DIVERSITY: SFFA v. HARVARD AND ITS IMPLICATIONS FOR THE DIVERSITY RATIONALE IN HIGHER EDUCATION ADMISSIONS 14 Columbia Journal of Race and Law 1023 (August, 2024) They don't want to realize that there is not one step, morally or actually, between Birmingham and Los Angeles. - James Baldwin, I Am Not Your Negro (2017) This article explores the jurisprudential underpinnings of the so-called diversity rationale that until recently had been considered a powerful vehicle for fostering racial diversity on elite... 2024  
Jack Jones DEFENDING RACE-CONSCIOUS POLICY: NEW YORK STATE'S CRITERIA FOR IDENTIFYING DISADVANTAGED COMMUNITIES 49 Columbia Journal of Environmental Law 425 (2024) Beginning in the 1980s, a coalition of community groups, activists, and non-profits loosely referred to as the environmental justice movement campaigned to draw awareness to the disproportionate distribution of environmental burdens to low-income communities of color. These burdens cause severely negative health impacts, reduce property values... 2024  
Joshua D. Blank , Leigh Osofsky DEMOCRATIC ACCOUNTABILITY AND TAX ENFORCEMENT 61 Harvard Journal on Legislation 251 (Summer, 2024) One of the most powerful charges that can be leveled against the IRS is that it is targeting taxpayers. Charges of political targeting have dogged the IRS for over a century, including in major controversies such as the alleged Tea Party auditing scandal in 2013. Commentators and scholars have long critiqued the IRS for focusing audit resources on... 2024  
William Boyd DE-RISKING ENVIRONMENTAL LAW 48 Harvard Environmental Law Review 153 (2024) Over the last forty years, risk assessment has come to provide the foundation for EPA's major regulatory programs on toxic chemicals, pollution, and hazardous waste--a development that seems quite natural, even necessary. The standard view holds that risk assessment is a largely technical, scientific exercise that provides the basic facts needed... 2024  
Ingrid Eagly , Steven Shafer DETAINED IMMIGRATION COURTS 110 Virginia Law Review 691 (May, 2024) This Article traces the modern development and institutional design of detained immigration courts--that is, the courts that tie detention to deportation. Since the early 1980s, judges in detained immigration courts have presided over more than 3.6 million court cases of persons held in immigration custody, almost all men from Latin America, most... 2024  
Robyn M. Powell DISABLING ABORTION BANS 58 U.C. Davis Law Review 1091 (December, 2024) In the aftermath of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, states have rushed to enact restrictive abortion bans, often with vague and narrow health exceptions that disproportionately endanger the lives and well-being of people with disabilities. This Article argues that focusing on the disproportionate impact... 2024  
Sarah H. Lorr DISABLING FAMILIES 76 Stanford Law Review 1255 (June, 2024) Abstract. The family regulation system is increasingly notorious for harming the very families that it ostensibly aims to protect. Under the guise of advancing child welfare, Black, Brown, Native, and poor families are disproportionately surveilled, judged, and separated. Discrimination and ingrained prejudices against disabled parents render their... 2024 Yes
Jennifer L. Brinkley DISCRIMINATION AND BARRIERS: ABORTION ACCESS FOR DISABLED INDIVIDUALS AFTER DOBBS 77 Oklahoma Law Review 53 (Autumn, 2024) Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey in 2022. Since then, fourteen states have banned abortion, with other states shortening gestational limits on abortion procedures. Federal legislation has been introduced to try to mitigate state restrictions regarding abortion, but it has stalled in... 2024  
Katrina Quisumbing King DISMANTLING RIGHTS: FORTHCOMING INDEPENDENCE AND THE REVOCATION OF US MILITARY BENEFITS FROM FILIPINO WWII VETERANS 49 Law and Social Inquiry 1004 (May, 2024) This article explores the plasticity of rights by examining how the US government promised and revoked naturalization rights and military benefits from Filipino colonial soldiers who served on behalf of the United States in World War II. Rarely have legal scholars of the US military, citizenship, and the welfare state addressed the rights of... 2024 Yes
Nicole Tuchinda DISPROPORTIONATE SCHOOL BRUTALITY UPON BLACK CHILDREN 112 Kentucky Law Journal 113 (2023-2024) Table of Contents. 113 Abstract. 114 Introduction. 114 I. The Harmful Disproportionality of School Brutality Upon Black Children. 122 A. The General Harm of School Brutality. 122 B. Statistics on the Disproportionality. 125 C. The Racial Health Injustice. 130 II. Understanding the Disproportionality. 132 A. The Legacy of Slavery. 133 B. The Legacy... 2024  
Josh Gupta-Kagan DISTINGUISHING FAMILY POVERTY FROM CHILD NEGLECT 109 Iowa Law Review 1541 (May, 2024) ABSTRACT: Family courts and child protective services (CPS) agencies surveil, regulate, and separate hundreds of thousands of families for neglect annually. These families are overwhelmingly poor, and the history of this legal system reveals an expectation, if not an intention, to intervene in poor families. This raises the question whether... 2024 Yes
Evelyn Lia Malavé DISTORTED NARRATIVES IN THE TREATMENT PROGRAM COMPLEX 93 Fordham Law Review 843 (December, 2024) Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants' involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the treatment program complex have tended to focus on how... 2024  
Trey Wilkins-Luton DO RE MI: WORKERS' INCLUSION IN ENVIRONMENTAL JUSTICE 54 Environmental Law 461 (Spring, 2024) As environmental justice gains momentum in the United States, scholars and advocates alike have considered how environmental justice interacts with different groups and interests across different social dimensions. The recent broadening of the environmental justice movement has, however, generally overlooked labor considerations. Workers deserve... 2024  
Allison M. Whelan DOBBS AND THE DESTABILIZATION OF CLINICAL TRIALS 77 Vanderbilt Law Review 1381 (October, 2024) This Article explores an important yet overlooked collateral consequence of the U.S. Supreme Court's elimination of the constitutional right to abortion in Dobbs v. Jackson Women's Health Organization: the destabilization of clinical research. Specifically, this Article focuses on the harms to pregnant persons, persons capable of pregnancy, and... 2024  
Thomas W. Simon DOES BLACK LEGAL THEORY MATTER? CRITICAL RACE THEORY AND A REVIVED RADICALISM 18 Southern Journal of Policy and Justice 137 (May, 2024) C1-2Contents A. Introduction. 139 B. Alternative Histories. 141 C. Theory. 156 D. Methods. 160 E. Liberal Diversions. 168 F. Intersectionality. 195 G. Radical CRT. 209 H. Conclusion. 212 2024  
Sean A. Hill II DRUG CRIMES: THE CASE FOR ABOLITION 21 Ohio State Journal of Criminal Law 177 (September, 2024) Nonwhite communities experience higher rates of arrest, prosecution, and incarceration than white communities for drug offenses, and these disparities have persisted even in the wake of decriminalization and legalization. Although a diverse array of political stakeholders increasingly agree that drug policies should be reformed, they are nearly... 2024  
Paula C. Johnson EDUCATION ACCESS & OPPORTUNITY: AN INTRODUCTION 74 Syracuse Law Review 885 (2024) Introduction. 886 I. Overview of Panels. 888 II. Synopsis of Issues Raised by the Symposium. 890 A. Students for Fair Admissions and Related Cases. 891 B. K-12 Racial Content Restrictions. 894 C. Student Debt Relief Under Biden v. Nebraska. 896 III. Overview of the Articles in this Issue. 899 A. Jonathan D. Glater, Doctrinal Siege: Higher Education... 2024  
Seth E. Packrone EDUCATIONAL DEATH SENTENCES: ADDRESSING THE PLIGHT OF STUDENTS WITH DISABILITIES IN ADULT JAILS AND PRISONS 59 Harvard Civil Rights-Civil Liberties Law Review 103 (Winter, 2024) This Article examines barriers to and strategies for enforcing the rights of students with disabilities in adult jails and prisons. The carceral system often functions as a pressure valve for the public education system. When students with disabilities get in trouble at school or in the community, schools routinely force them out of school and into... 2024  
Amanda Agan, Sonja Starr EMPLOYERS' NEIGHBORHOODS AND RACIAL DISCRIMINATION 53 Journal of Legal Studies 115 (January, 2024) Using a field experiment, we show that the racial composition of employers' neighborhoods predicts discrimination patterns in a direction suggesting in-group bias. Second, building on prior work on ban-the-box laws, we show that employers in less-Black neighborhoods appear much likelier to stereotype Black applicants as potentially criminal when... 2024  
Valarie K. Blake , Elizabeth Y. McCuskey EMPLOYER-SPONSORED REPRODUCTION 124 Columbia Law Review 273 (March, 2024) This Article interrogates the current and future role of employer-sponsored health insurance in reproductive autonomy, revealing the impact that employers' coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for... 2024  
John H. Knox , Nicole Tronolone ENVIRONMENTAL JUSTICE AS ENVIRONMENTAL HUMAN RIGHTS 57 Vanderbilt Journal of Transnational Law 153 (January, 2024) For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways. First, it presents the... 2024  
Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers ENVIRONMENTAL JUSTICE, RESILIENCE JUSTICE, AND WATERSHED PLANNING 48 William and Mary Environmental Law and Policy Review 553 (Spring, 2024) Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an equity evolution: watershed planners have begun integrating environmental... 2024  
Mitchell F. Crusto EQUALITY, MORALITY, & RELIGIOUS LIBERTY 77 SMU Law Review Forum 219 (October, 2024) On June 29, 2023, the Supreme Court ruled that the use of a specific race-conscious tool in the admission decisions of public and private colleges to achieve diversity is unconstitutional. However, in his nuanced opinion, Chief Justice John Roberts seemed to renew the Court's commitment to the anti-discrimination vision of the Civil Rights Act of... 2024  
Yael Zakai Cannon EQUITABLE THRIVING: A LIFECOURSE APPROACH TO MATERNAL AND CHILD HEALTH JUSTICE 113 Georgetown Law Journal 253 (December, 2024) Black women are at least three times more likely to die due to a pregnancy-related cause than White women. Grave racial disparities also abound in severe maternal morbidity, or significant unexpected health consequences of labor and delivery. The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, eliminating the... 2024  
Adam Cowing EQUITY AND OWNERSHIP IN AFFORDABLE HOUSING 2024 University of Illinois Law Review 399 (2024) The Low-Income Housing Tax Credit (LIHTC) is the nation's largest affordable housing development program. From its inception, policymakers have seen the program's potential path to homeownership as one of its advantages. In fact, the Internal Revenue Code anticipates tenant and cooperative purchases of LIHTC-financed affordable housing. But the... 2024  
Miriam C. Woodruff , Amy Polinsky , Rebecca A. Weiss EQUITY DEPENDS ON THE DEFINITION: EXAMINING THE IMPACT OF SEGREGATION DEFINITIONS ON EQUITY IN SCHOOL-BASED MENTAL HEALTH 30 Psychology, Public Policy, and Law 314 (August, 2024) Although government, academic, and legal agencies address the importance of racial equity, differing definitions of segregation may impact the analyses that provide the impetus for policy recommendations. This study examined how four definitions of segregation affected analyses of racial equity in access to school-based mental health in New York... 2024  
Brittany L. Deitch ESTATE TO STATE: PAY-TO-STAY STATUTES AND THE PROBLEMATIC SEIZURE OF INHERITED PROPERTY 95 University of Colorado Law Review 839 (2024) Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay... 2024  
Ivana Isailović EU ABORTION LAW AFTER DOBBS: STATES, THE MARKET, AND STRATIFIED REPRODUCTIVE FREEDOM 30 Columbia Journal of European Law 1 (Fall, 2024) The US Supreme Court's decision in Dobbs--alongside transnational campaigns aimed at chipping away abortion access across EU Member States--has triggered concerns by EU institutions and governments on access to abortion in the Union. This paper maps out the ways in which the EU regulates abortion through economic and human rights frameworks and... 2024  
Sarah Ganty , Dimitry V. Kochenov EU LAWLESSNESS LAW 30 Columbia Journal of European Law 78 (Fall, 2024) The European Union (EU) deploys a number of legal techniques in an effort to make sure that virtually no denial of racialized noncitizens' rights--across the spectrum from equality and dignity to the right to life--is ever presented as a violation of EU law, even as the death-toll climbs to the dozens of thousands, turning the Mediterranean Sea... 2024  
Larisa G. Bowman EVICTION ABOLITION 55 Loyola University Chicago Law Journal 541 (Spring, 2024) This Article contends that today's eviction crisis in the United States is the civil equivalent of mass incarceration. Eviction, like mass incarceration, is a racialized and gendered system of social control heavily supervised by the state. State court judges order evictions, and law enforcement officers execute them. Eviction's mechanisms of... 2024  
Elenore Wade EXTRACTIVE WELFARE: MEDICAID STATUTORY RECOVERY FORMULAS AFTER GALLARDO v. MARSTILLER 58 University of Richmond Law Review 459 (Winter, 2024) In 2022, the Supreme Court of the United States held states may seize injured Medicaid recipients' tort recoveries beyond the portion of those recoveries allocated for past medical expenses actually covered by Medicaid. However, the Court's decision went beyond that distinction by validating the practice of states using one-size-fits-all statutory... 2024 Yes
Sean Connolly , Elizabeth (Nikki) Miller , Julie Zhu FAIR SHARE PLANNING FOR LOCALLY UNDESIRABLE LAND USES (LULUS) 52 Urban Lawyer 477 (2024) L1-3Table of Contents I. Introduction 478 A. History of Fair Share in NYC 479 B. Description of Fair Share 480 C. What Is Fair? 482 D. Fair Share Procedures Governing the Siting of Facilities in NYC 483 E. Agency Application of Fair Share 484 II. The Siting of Problematic LULUs 485 A. Homeless Shelters (Temporary Housing/Transitional Housing) 485... 2024  
Kamilah Mims FAMILIAL ASSOCIATION UNDER SIEGE: THE IMPLICATIONS OF UNITED STATES v. MAGDALENO ON THE BLACK COMMUNITY 71 UCLA Law Review 992 (September, 2024) This Comment delves into the fundamental right to familial association and integrity in the United States, tracing its historical significance and its erosion in the criminal legal system. Focusing on the Ninth Circuit's case, United States v. Magdaleno, it scrutinizes a supervised release condition that restricts interactions with siblings,... 2024  
Ryan E. Boevers, LISW FAST TRACK TO THE CIVIL DEATH PENALTY: INVOLUNTARY TERMINATIONS OF PARENTAL RIGHTS AND AN ANALYSIS OF THE MINNESOTA SUPREME COURT'S DECISION IN R.D.L. 50 Mitchell Hamline Law Review 116 (February, 2024) I. Introduction. 117 II. The Child Welfare System and Its Effects on Children, Families, and Society. 118 A. The Harm of Removal and Foster Care. 119 B. Case Management Realities and Conflicting Timelines. 121 C. Systemic Inequities and Racial Disparities. 123 III. History. 125 A. The Right to Parent. 125 B. The Presumption of Fitness. 128 C. Child... 2024 Yes
Matthew L.M. Fletcher FEDERAL INDIAN LAW AS METHOD 95 University of Colorado Law Review 375 (2024) Introduction. 375 I. Federal Indian Law's Default Interpretative Rules. 377 A. The Canons of Construction and the Clear Expression Rules. 377 B. The Mancari Principle. 378 II. Mancari's Critics. 381 III. Why Mancari's Method Remains Superior. 385 A. The Mancari Method. 385 1. The Mancari Method Defined. 385 2. Theoretical Justification for the... 2024  
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