AuthorTitleCitationSummaryYearRelevancy
Celestina Radogno, Esq. PHYSICIAN DISCIPLINE AND THE SOCIAL DETERMINANTS OF HEALTH IN LOUISIANA 26 Quinnipiac Health Law Journal 129 (2023) Socioeconomic status can affect access to quality medical care. But little research exists on the intersection of the physician disciplinary system and the social determinants of health. This research uses derived data to examine the characteristics of physicians facing disciplinary action in Louisiana as well as the relationships between... 2023  
Abigail Nieves Delgado POLICING IN CRYPTORACIAL SOCIETIES: THE CASE OF MEXICO 46 PoLAR: Political and Legal Anthropology Review 114 (May, 2023) In 2013, the Official Journal of the Federation of Mexico listed the key challenges facing Mexico's judicial institutions: a lack of public trust due to widespread corruption and systematic failure to prosecute and convict criminals (DOF, 2014). A plan to address these issues ensued. Written by the National Conference on the Administration and... 2023  
Valena E. Beety , Jennifer D. Oliva POLICING PREGNANCY "CRIMES" 98 New York University Law Review Online 29 (March, 2023) The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization held that there is no right to abortion healthcare under the United States Constitution. This Essay details how states prosecuted pregnant people for pregnancy behaviors and speculative fetal harms prior to the Dobbs decision. In this connection, it also identifies two,... 2023  
Clare Huntington PRAGMATIC FAMILY LAW 136 Harvard Law Review 1501 (April, 2023) C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... 2023  
Nina Varsava PRECEDENT, RELIANCE, AND DOBBS 136 Harvard Law Review 1845 (May, 2023) C1-2CONTENTS Introduction. 1846 I. Stare Decisis and Reliance Interests. 1848 A. Protecting Expectations. 1848 B. Constitutional Precedent. 1857 II. Dobbs on Reliance. 1863 A. Tangible Reliance. 1863 B. Intangible Reliance. 1873 III. The Value of Intangible Reliance. 1885 A. Grounding Intangible Reliance. 1885 B. Societal Reliance. 1894 C.... 2023  
Jordan Gross PRETRIAL JUSTICE IN OUT-OF-THE-WAY PLACES - INCLUDING RURAL COMMUNITIES IN THE BAIL REFORM CONVERSATION 84 Montana Law Review 159 (Summer, 2023) Introduction. 161 I. Defining Rural. 170 A. Metrics Relevant to Rural Bail Administration and Reform. 171 B. Urban and Rural Differences in Bail Administration. 175 II. Pretrial Release and Detention in the U.S.. 180 A. Bail Basics. 180 B. The Constitutional Right-to-Bail Divide. 187 III. Blueprint of Contemporary Bail Reform, Mapped onto Rural... 2023  
Brooke Hodgins PRETRIAL RELEASE, RISK ASSESSMENT, AND THE FAILING MOVEMENT TOWARDS A CASHLESS BAIL SYSTEM: THE NEED TO TARGET THE SOURCE 29 Cardozo Journal of Equal Rights & Social Justice 773 (Summer, 2023) C1-2Table of Contents I. Introduction. 773 II. Background. 777 A. Historical Context. 777 B. Bail and the Supreme Court. 780 III. Problem. 782 A. The First Bail Reform: Movement of the 1960s. 782 B. Modern Day Cash Bail System. 783 i. The Racially Discriminatory Impact of the Cash Bail System. 784 C. Modern Day Bail Reform. 786 IV. Proposal. 787 A.... 2023  
Elizabeth Tobin-Tyler PUTTING YOUR MONEY WHERE YOUR MOUTH IS: MATERNAL HEALTH POLICY AFTER DOBBS 53 Seton Hall Law Review 1577 (6/12/2023) What is pro-life about putting a woman in a situation where she must risk pregnancy without proper medical, social and emotional support? What is pro-life about forcing the birth of a child, if that child will enter a world of rejection, deprivation and insecurity, to say nothing of the fear, anxiety and danger that comes with poverty, crime... 2023  
Anthony V. Alfieri RACE ETHICS: COLORBLIND FORMALISM AND COLOR-CODED PRAGMATISM IN LAWYER REGULATION 36 Georgetown Journal of Legal Ethics 353 (Summer, 2023) The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville Unite the Right Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and... 2023  
Keith H. Hirokawa RACE, SPACE, AND PLACE: INTERROGATING WHITENESS THROUGH A CRITICAL APPROACH TO PLACE 29 William and Mary Journal of Race, Gender, and Social Justice 279 (Winter, 2023) The Civil Rights Movement is long past, yet segregation persists. The wider society is still replete with overwhelmingly white neighborhoods, restaurants, schools, universities, workplaces, churches and other associations, courthouses, and cemeteries, a situation that reinforces a normative sensibility in settings in which black people are... 2023  
Bennett Capers , Gregory Day RACE-ING ANTITRUST 121 Michigan Law Review 523 (February, 2023) Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... 2023  
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023  
Michael Heise RACIAL ISOLATION, SCHOOL POLICE, AND THE "SCHOOL-TO-PRISON PIPELINE": AN EMPIRICAL PERSPECTIVE ON THE ENDURING SALIENCE OF "TIPPING POINTS" 71 Buffalo Law Review 163 (April, 2023) Two broad trends inform public K-12 education's current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource... 2023  
Steven W. Bender RACIAL JUSTICE AND MARIJUANA 59 California Western Law Review 223 (Spring, 2023) Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... 2023  
Jessica Dixon Weaver RACIAL MYOPIA IN [FAMILY] LAW 132 Yale Law Journal Forum 1086 (4/30/2023) ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... 2023  
Susan D. Carle RECONSTRUCTION'S LESSONS 13 Columbia Journal of Race and Law 734 (May, 2023) In the current moment in the legal struggle for racial equality in the United States, the nation seems at risk of repeating its history. The Roberts Court has failed to fulfill its charge under the Reconstruction amendments to vigorously promote and enforce civil rights protections, and the other branches of government have proved ineffectual or... 2023  
Melissa Friedman , Daniella Rohr REDUCING FAMILY SEPARATIONS IN NEW YORK CITY: THE COVID-19 EXPERIMENT AND A CALL FOR CHANGE 123 Columbia Law Review Forum 52 (3/15/2023) Child welfare agencies and family courts have long removed children from allegedly abusive or neglectful parents as an ultimate means of ensuring a child's safety. The theory that high numbers of removals are necessary to keep children safe, however, had never been tested--there was no mechanism or political will to do so until the onset of the... 2023  
Susan Frelich Appleton , Laura A. Rosenbury REFLECTIONS ON "PERSONAL RESPONSIBILITY" AFTER COVID AND DOBBS: DOUBLING DOWN ON PRIVACY 72 Washington University Journal of Law & Policy 129 (2023) This essay uses lenses of gender, race, marriage, and work to trace understandings of personal responsibility in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American welfare state through the start of the Trump administration; (II) the... 2023  
Rebekah Diller , Mitali Nagrecha , Alicia Bannon REFLECTIONS ON FEES AND FINES AS STATEGRAFT 98 New York University Law Review Online 262 (April, 2023) Introduction. 263 I. Fees and Fines as Illegal Stategraft. 269 II. The Complicated Corruption of Fees-and-Fines Regimes. 272 III. Advocacy Against Fees and Fines: Beyond Illegality. 277 Conclusion. 281 2023  
Janel A. George REFLECTIONS ON THE LAUNCH OF A RACIAL JUSTICE CLINIC AND THE BRAVERY OF LIONS 30 Clinical Law Review 151 (Fall, 2023) This nation is at an inflection point in which the future of a viable, multi-racial democracy stands in the balance. However, this occurrence is not new-- the nation has experienced moments of retrenchment before, during which times of racial progress are quickly followed by retrenchment in the form of legal efforts to rollback hard-won civil... 2023  
Beth Caldwell REIFYING INJUSTICE: USING CULTURALLY SPECIFIC TATTOOS AS A MARKER OF GANG MEMBERSHIP 98 Washington Law Review 787 (October, 2023) Abstract: The gang label has been so highly racialized that white people who self-identify as gang members are almost never categorized as gang members by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are... 2023  
Phyllis C. Taite REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY 10 Belmont Law Review 301 (Spring, 2023) Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... 2023  
Thalia González RESTORATIVE JUSTICE DIVERSION AS A STRUCTURAL HEALTH INTERVENTION IN THE CRIMINAL LEGAL SYSTEM 113 Journal of Criminal Law and Criminology 541 (Summer, 2023) A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system--whether in policing practices or carceral settings--leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement... 2023  
Elizabeth Kukura RETHINKING THE INFRASTRUCTURE OF CHILDBIRTH 91 UMKC Law Review 497 (Spring, 2023) It is notoriously difficult to get the public--and the lawmakers who represent them--to be enthusiastic about infrastructure projects. Infrastructure is often invisible, at least until something goes wrong, making it harder to appreciate the benefits of investing in infrastructure until the water main bursts or the bridge becomes structurally... 2023  
Erez Aloni RICH DAD, GAY DAD: THE WEALTH TRAPS OF GAY FATHERHOOD 101 North Carolina Law Review 1381 (June, 2023) While legal and societal progress has enabled gay fathers to form families, there remains a critical blind spot in our understanding of their financial well-being. Specifically, there are indications that a wealth gap may exist among gay father households. This Article introduces a novel taxonomy of the mechanisms that likely contribute to a wealth... 2023  
Kate Weisburd RIGHTS VIOLATIONS AS PUNISHMENT 111 California Law Review 1305 (October, 2023) Is punishment generally exempt from the Constitution? That is, can the deprivation of basic constitutional rights--such as the rights to marry, bear children, worship, consult a lawyer, and protest--be imposed as direct punishment for a crime and in lieu of prison, so long as such intrusions are not cruel and unusual under the Eighth Amendment?... 2023  
Naomi Murakawa SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS 69 UCLA Law Review 1430 (September, 2023) Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... 2023  
Armen H. Merjian SECOND-GENERATION SOURCE OF INCOME HOUSING DISCRIMINATION 2023 Utah Law Review 963 (2023) [S]econd-generation barriers . have emerged in the covered jurisdictions as attempted substitutes for the first-generation barriers that originally triggered preclearance in those jurisdictions. Justice Ruth Bader Ginsburg As source of income protections increase, landlords are more likely to rely on other measures such as credit scores to... 2023  
Raúl Carrillo SEEING THROUGH MONEY: DEMOCRACY, DATA GOVERNANCE, AND THE DIGITAL DOLLAR 57 Georgia Law Review 1207 (7/12/2023) Today, financial institutions, technology companies, and government agencies constantly coordinate to collect data to share, sort, store, score, and sell. Moreover, banks and financial technology (fintech) companies channel nearly all payments between agencies and the public via thousands of different programs, increasingly collecting more data... 2023  
Mary Nicol Bowman SEEKING JUSTICE: PROSECUTION STRATEGIES FOR AVOIDING RACIALLY BIASED CONVICTIONS 32 Southern California Interdisciplinary Law Journal 515 (Spring, 2023) Common rhetorical techniques used by prosecutors, even those who reject racially prejudiced beliefs, are likely to trigger jurors' implicit biases. Current case law and ethical rules set up well-intentioned prosecutors by obscuring the racial bias embedded in this rhetoric and the likely impact of coded language on jurors. In 2020, however,... 2023  
Omari Scott Simmons SELECTIVE PATRONAGE 46 Seattle University Law Review 331 (Winter, 2023) The philosophy behind the Sullivan Principles was no different from the approach I had developed in my boycott days during the height of the civil rights movement . [T]he fundamental premise behind them was that people-- individually and collectively--can and should use their economic influence to make a moral statement or to take moral action.... 2023  
Inès Zamouri SELF-DEFENSE, RESPONSIBILITY, AND PUNISHMENT: RETHINKING THE CRIMINALIZATION OF WOMEN WHO KILL THEIR ABUSIVE INTIMATE PARTNERS 30 UCLA Journal of Gender & Law 203 (Summer, 2023) C1-2Table of Contents Introduction. 204 I. Accommodation of Victims/Survivors within Available Criminal Defenses. 211 A. The Self-Defense Doctrine. 212 1. Imminence. 213 2. Reasonableness. 215 3. Proportionality. 218 4. Implicit Biases in Self-Defense. 219 B. Battered Woman Syndrome Testimony. 221 1. Contours and Relevance in the Legal Context. 221... 2023  
Barbara Ann Atwood STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS 23 Journal of Appellate Practice and Process 105 (Winter, 2023) The Supreme Court's grant of certiorari in Brackeen v. Haaland and consolidated petitions marks only the third time that the Court has taken up a case arising under the Indian Child Welfare Act of 1978 (ICWA). From its inception in the Northern District of Texas to the Fifth Circuit's en banc decision, the litigation has been closely watched, not... 2023  
Lyndsey K. Ebener STATE TAKEOVER IN SOUTH CAROLINA: AN INADEQUATE MEANS TO ACHIEVING "MINIMALLY ADEQUATE" EDUCATION 74 South Carolina Law Review 543 (Spring, 2023) I. Introduction. 543 II. Background. 546 A. What is State Takeover?. 546 B. Effects of State Takeover. 549 1. Student Achievement. 549 2. Poverty and Race Segregation. 550 3. Funding and Fiscal Management. 553 4. Discipline. 554 5. Availability of High-Quality Teachers. 556 C. South Carolina's State Takeover Statute. 558 III. Analysis. 561 A. South... 2023  
Sonja Starr STATISTICAL DISCRIMINATION 58 Harvard Civil Rights-Civil Liberties Law Review 579 (Summer, 2023) The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care... 2023  
Wendy A. Bach, Mishka Terplan STOPPING CRIMINALIZATION AT THE BEDSIDE 51 Journal of Law, Medicine & Ethics 533 (Fall, 2023) Keywords: Reproductive Health, Pregnancy, Criminalization, Health Privacy, Mandatory Reporting Abstract: Low-income women and, disproportionately low-income women of color seeking reproductive and pregnancy care are increasingly subject to what this article terms carceral care-- care compromised by its' proximity to punishment systems. This article... 2023  
Yiran Zhang SUBSIDIZING THE CHILDCARE ECONOMY 34 Stanford Law and Policy Review 67 (2023) This Article studies how government childcare subsidies redistribute resources and values among children, parents, providers, and their workers engaged in diverse forms of childcare. Formal centers provide developmentally beneficial care in a regulated setting but are detached from supporting the children's families. Home-based care often occurs... 2023  
Christian Powell Sundquist SURVEILLANCE NORMALIZATION 58 Harvard Civil Rights-Civil Liberties Law Review 117 (Winter, 2023) Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public... 2023  
Claire E. Remillard TELEHEALTH IS HERE TO STAY: WHY MEDICAID SHOULD PERMANENTLY REQUIRE STATES TO OFFER MENTAL HEALTH SERVICES THROUGH TELEHEALTH 23 Journal of High Technology Law 363 (2023) A troublesome image: a global pandemic threatening the health of you and your loved ones, an over-crowded apartment with stir-crazy children, bills piling up, the peak of stressful family dynamics, job and income insecurity. For many Americans, this scenario was reality during the COVID-19 pandemic. Navigating everyday life during an ever-evolving... 2023  
Etienne C. Toussaint THE ABOLITION OF FOOD OPPRESSION 111 Georgetown Law Journal 1043 (May, 2023) Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... 2023  
Sarah Schindler, Kellen Zale THE ANTI-TENANCY DOCTRINE 171 University of Pennsylvania Law Review 267 (January, 2023) The law has failed tenants. A range of distinct legal doctrines, coupled with structural inequities, systematically disadvantage tenants in previously unrecognized ways. This Article identifies a new way of looking at this pattern of collective impediments to tenants' rights, wealth, and power, which we call the Anti-Tenancy Doctrine. This... 2023  
Duncan Kennedy THE BITTER IRONIES OF WILLIAMS v. WALKER-THOMAS FURNITURE CO. IN THE FIRST YEAR LAW SCHOOL CURRICULUM 71 Buffalo Law Review 225 (April, 2023) This Article is about the famous contracts case of Williams v. Walker-Thomas Furniture Company, decided in 1965 in the U.S. Court of Appeals for the District of Columbia with an opinion by Judge J. Skelly Wright. Ora Lee Williams, the appellant, was Black and, according to the brief, was a person of limited education and separated from her husband... 2023  
Michael Conklin , Angelo State University, San Angelo, TX, USA, Email: michael.conklin@angelo.edu THE CASE AGAINST RACE-BASED QUOTAS IN PHARMACEUTICAL TRIALS 49 American Journal of Law & Medicine 1 (2023) This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining... 2023  
Madalyn K. Wasilczuk THE CLINIC AS A SITE OF GROUNDED PEDAGOGY 29 Clinical Law Review 405 (Spring, 2023) Legal education tends to focus on teaching students federal law from hefty casebooks, inculcating the ability to think like lawyers. In a sea of Socratic lectures and hypotheticals, students often take refuge in clinics as an island of practical skills-building, client centeredness, and individual fulfillment. Yet even clinics sometimes fail to... 2023  
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023  
Aziz Z. Huq THE COUNTERDEMOCRATIC DIFFICULTY 117 Northwestern University Law Review 1099 (2023) Abstract--Since the 2020 elections, debate about the Supreme Court's relationship with the mechanisms of national democracy has intensified. One important thread of that debate focuses critically on the possibility of a judicial decision flipping a presidential election or thwarting the will of national majorities respecting progressive... 2023  
Michelle Y. Ewert THE DANGERS OF FACIAL RECOGNITION TECHNOLOGY IN SUBSIDIZED HOUSING 25 NYU Journal of Legislation and Public Policy 665 (2022-2023) The use of facial recognition technology (FRT) in subsidized housing makes life more difficult for subsidized tenants, who are disproportionately women, seniors, and people of color. Conditioning building access on facial recognition is problematic because flaws in the technology make it hard for systems to recognize people with darker skin, women,... 2023  
Anna Arons THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM 100 Washington University Law Review 1057 (2023) Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... 2023  
Tooba Naveed THE END OF SINGLE-FAMILY ZONING IN CALIFORNIA: HOW CHAPTER 162'S IMPACT IS MORE SYMBOLIC THAN TRANSFORMATIVE 54 University of the Pacific Law Review 168 (May, 2023) Code Sections Affected Government Code §§ 66452.6 (amended), 65852.21, 66411.7 (new) SB 9 (Atkins); 2021 Stat. Ch. 162 C1-2Table of Contents I. Introduction. 169 II. Legal Background. 170 A. Not in My Neighborhood: How Restrictive Covenants and Zoning Laws Shaped California's Neighborhoods. 171 B. The Supreme Court Ensures Parasites Stay Out of... 2023  
Paul J. Larkin , GianCarlo Canaparo THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 18 Liberty University Law Review 1 (Fall, 2023) Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... 2023  
1 2 3 4 5 6 7 8 9 10 11 12