| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Allyson Crays |
POVERTY & PERIOD PRODUCTS: ACHIEVING MENSTRUAL AND ABORTION JUSTICE THROUGH PUBLIC BENEFIT PROGRAMS |
33 American University Journal of Gender, Social Policy and the Law 209 (2025) |
Low-income people need and deserve access to quality menstrual products through public benefit programs as a public health and reproductive justice issue. Whether someone is managing their monthly period, a medical abortion, or post-pregnancy discharge, menstrual products are essential to ensure that person's safety and bodily autonomy. Low-income... |
2025 |
Yes |
| Sarah Ganty, Yale Law School, New Haven, Connecticut, United States of America, Email: sarah.ganty@yale.edu |
POVERTY IN JUDGECRAFT: NEW NARRATIVES THROUGH THE LANGUAGE OF EQUALITY |
26 German Law Journal 170 (March, 2025) |
(Received 07 February 2025; accepted 06 March 2025) Millions worldwide face poverty daily. While its effects vary by society, poverty consistently marginalizes individuals, limiting their opportunities and access to societal benefits. Myths about poverty undergird and perpetuate socioeconomic exclusion, being the vehicles for cultural processes,... |
2025 |
Yes |
| Andrew C. Budzinski |
POWER AND EQUITY IN PRO SE PROCEDURE |
77 Baylor Law Review 279 (Spring, 2025) |
State courts across the country hear 95% of civil claims each year. Each state has its own unique rules of civil procedure, which often vary by courthouse and case type. Those rules are typically premised on an adversarial dynamic with parties represented by lawyers. Yet in courts resolving critical disputes about housing, family, and financial... |
2025 |
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| Britney R. Wilson |
PREDISPOSED: RACE, DISABILITY, AND DEATH INVESTIGATIONS |
72 UCLA Law Review 500 (September, 2025) |
Disability, preexisting conditions, or underlying conditions might seem like uncontroversial factors to cite when determining an individual's cause of death. However, many death investigators have also cited these conditions in deaths caused by state violence or neglect. For example, a 2021 study found that medical examiners cited sickle cell... |
2025 |
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| Jehan El-Jourbagy, Elissa Underwood Marek, Jeff Todd |
PREVENTING DISASTER THROUGH CORPORATE-COMMUNITY AGREEMENTS |
103 Oregon Law Review 429 (2025) |
Introduction. 430 I. Themes from Environmental Justice. 434 A. Vulnerable Communities Endure a Disproportionate Burden from Hazardous Business Activities. 435 B. Governmental Authorities Perpetuate Injustice. 437 C. Community Empowerment to Fight Injustice. 441 D. Narrow Conceptions and a Focus on Conflict Limit the Environmental Justice Frame. 445... |
2025 |
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| Ezra Rosser |
PROGRESS AND THE TAKING OF INDIGENOUS LAND |
85 Ohio State Law Journal 623 (2025) |
The taking of Indigenous land to further other societal goals is so ubiquitous and fundamental to the American project that sometimes acts of dispossession are not even recognized as such. This Article argues that the generally accepted understanding of Hawaii Housing Authority v. Midkiff, a key case in the American takings law canon, overlooks... |
2025 |
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| Anna Arons |
PROSECUTING FAMILIES |
173 University of Pennsylvania Law Review 1029 (March, 2025) |
Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government--family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense... |
2025 |
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| Justin Murray |
PROSECUTORIAL REFORM AND THE MYTH OF INDIVIDUALIZED ENFORCEMENT |
102 Washington University Law Review 1435 (2025) |
The American prosecutor's legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion,... |
2025 |
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| Alireza Nourani-Dargiri |
PROTESTING, CASH BAIL, AND (UN)EQUAL PROTECTION: USING EMPIRICAL DATA TO PROVE EQUAL PROTECTION VIOLATIONS |
102 Denver Law Review 851 (Summer, 2025) |
Despite considerable data demonstrating disparate government treatment of racially minoritized groups, recent race-based equal protection cases have met only measured success because courts often find statistical evidence of racial bias to be too attenuated. Without an explicitly racist statement, policy, or law made by government officials, many... |
2025 |
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| Alma Magaña |
PUBLIC DEFENDER DISCRETION |
59 U.C. Davis Law Review 885 (December, 2025) |
A focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from... |
2025 |
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| Shima Baradaran Baughman |
PUNISHING VIOLENCE |
75 American University Law Review 11 (October, 2025) |
The American criminal justice system doles out the harshest punishments in the world. It is infamous for its protracted criminal sentences and prodigious criminal code. But, what most scholars and policymakers overlook is that the United States punishes only a fraction of the total serious crime that occurs in the country--including violent crime.... |
2025 |
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| Kerwin Kaye |
PUNISHMENT AS CARE: A DISCUSSION OF WENDY BACH'S PROSECUTING POVERTY, CRIMINALIZING CARE |
53 Southwestern Law Review 242 (2025) |
Wendy Bach's recent book, Prosecuting Poverty, Criminalizing Care, is a true delight to read. A model of clarity and explication, Bach manages to synthesize and advance a growing field of critical studies concerning a resurgent interest in marshalling the resources of the criminal justice system toward rehabilitative ends. Most prominently... |
2025 |
Yes |
| Sheldon A. Evans |
PUNISHMENT AS PLACEBO |
98 Southern California Law Review 513 (February, 2025) |
The modern criminal punishment regime has failed to deliver on its promise of public safety. For all of the resources expended and all of the human costs incurred, the ever-growing carceral state does not make us safer. Scholars across the social sciences have studied these shortcomings for decades using various methodologies. The burgeoning prison... |
2025 |
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| Sabine Tsuruda |
RACE, UNCONSCIONABILITY, AND CONTRACTUAL EQUALITY |
60 Harvard Civil Rights-Civil Liberties Law Review 159 (Winter, 2025) |
Racially discriminatory contracts should be paradigmatically unconscionable in contract law. The unconscionability doctrine permits a court to refuse to enforce an unfair contract. Classically interpreted, the doctrine narrowly conceptualizes an unfair contract as an extremely nonstandard contract obtained by manipulating or circumventing the... |
2025 |
|
| Meirav Furth-Matzkin |
RACIAL DISCRIMINATION IN RETAILERS' WILLINGNESS TO ACCEPT RETURNS: A FIELD STUDY |
119 Northwestern University Law Review 1135 (2025) |
Abstract--Black Americans have long faced discriminatory treatment while shopping in retail establishments, including, most notably, being subjected to increased surveillance, inconsistent pricing, and inferior customer service. Little attention, however, has been paid to other post-purchase aspects of retail transactions. Specifically, do Black... |
2025 |
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| Justin D. Levinson , G. Ben Cohen , Koichi Hioki |
RACIALIZING THREE STRIKES |
67 Arizona Law Review 919 (Winter 2025) |
Three Strikes laws sit at the fulcrum of racial disparities and mass incarceration. Despite clarity across decades that such laws have served to disproportionately punish Black Americans, legislatures have blessed them, courts permit them, prosecutors charge them, and juries convict based on them. Although it has long been clear that these laws... |
2025 |
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| Nia Johnson |
REFORMED BUT NOT REPAIRED |
29 Michigan Journal of Race and Law 293 (Winter, 2025) |
Traditionally, scholars and policymakers concerned with making improvements to health care systems and structures have focused on insurance reform. The ACA-- the United States' most recent and substantial healthcare reform--was hoped to be an intervention that would help provide equity to all Americans. Indeed, scholars and policymakers viewed... |
2025 |
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| Caryn Schreiber |
RENT DEPOSIT REQUIREMENTS: A CIVIL COURT POLL TAX |
48 New York University Review of Law and Social Change 272 (2025) |
The implied warranty of habitability, read into nearly every lease for the residential use of real property in the United States, requires a property owner to maintain a rental home in a safe and habitable manner as a condition precedent to the receipt of the full contract rent. The enduring axiom of free and open access to the courts provides that... |
2025 |
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| Michelle D. Layser |
RENTERS' TAX CREDITS |
113 Georgetown Law Journal 1107 (May, 2025) |
America is facing an affordable housing crisis that current policies have failed to mitigate. Even before the COVID-19 pandemic, half of American tenants were rent burdened, paying more than one-third of their income on rent. For this reason, Renters' Tax Credit (RTC) proposals are gaining traction in Washington and in policy circles. The most... |
2025 |
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| Neoshia R. Roemer |
REPRODUCING CITIZENSHIP |
27 Georgetown Journal of Gender and the Law 31 (Fall, 2025) |
I. Introduction. 31 II. Reproductive Justice and the Order. 34 A. The Reproductive Justice Framework. 35 B. The Order and its Context. 38 C. The Mythical Immigrant: the Imagined Illegal Immigrant. 41 III. The Rights of Citizens (and Noncitizens). 46 A. The Right to Procreate and Parent. 48 B. The Right to Citizenship. 53 C. Defining Citizenship... |
2025 |
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| Martin Rakowszczyk |
RESTRICTIONS ON SEXUAL ACTIVITY AS A CONDITION OF CRIMINAL PROBATION: AN ANALYSIS OF CONTEMPORARY PROBATION PRACTICES AND THEIR LEGALITY |
21 Stanford Journal of Civil Rights & Civil Liberties 303 (August, 2025) |
Despite the Supreme Court's recognition of procreation as a fundamental right in Skinner v. Oklahoma and subsequent cases, state courts continue to impose probationary conditions on criminal defendants that restrict their ability to procreate or engage in sexual activity. These restrictions, ranging from bans on sex outside marriage to outright... |
2025 |
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| Melvin J. Kelley IV |
REVISITING GEOGRAPHY AND SOVEREIGNTY IN THE DIGITAL AGE |
57 Connecticut Law Review 1123 (May, 2025) |
Fair housing advocates have already brought successful lawsuits challenging the use of property technology (PropTech) where it has been found to perpetuate or replicate discriminatory practices in a range of contexts including the use of automated screening tools to evaluate prospective tenants. While substantive interventions in unlawful... |
2025 |
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| |
RIGHT TO A JURY TRIAL |
54 Georgetown Law Journal Annual Review of Criminal Procedure 659 (2025) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2025 |
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| Cameron K. Obioha |
RITUALS OF RELUCTANCE: HOW LOPER BRIGHT FURTHER OBSCURES CIVIL RIGHTS' PLACE IN THE MODERN ADMINISTRATIVE STATE |
76 Mercer Law Review 815 (April, 2025) |
Loper Bright Enterprises v. Raimondo (Loper Bright) marks the end of the Chevron doctrine and the abandonment of nearly forty years of precedent. Despite providing extensive reasoning regarding why eliminating an anchor of administrative law is the culmination of long-awaited progress, no member of the Supreme Court of the United States elected to... |
2025 |
|
| Andrew Manuel Crespo |
ROOT AND BRANCH: LAWYERS, MOVEMENTS, AND THE END OF MASS INCARCERATION |
60 Harvard Civil Rights-Civil Liberties Law Review 567 (Spring, 2025) |
C1-2Table of Contents Introduction. 567 I. Understanding the Problem. 568 A. A System of Unprecedented Scale. 568 B. Race, Class, Place. 571 C. Not an Accident. 573 D. A Set of Radically Obvious Ideas. 578 II. The Role of the Lawyer in the Movement to End Mass Incarceration. 579 A. Lawyers as Carceral Constructors. 579 B. Lawyers as Harm... |
2025 |
|
| Erik Encarnacion |
SECTION 1981 AS CONTRACT LAW |
111 Virginia Law Review 1605 (December, 2025) |
A civil rights secret hides in plain sight: a federal antidiscrimination statute, 42 U.S.C. § 1981, expresses foundational rules of contract law in the United States. Originating in the Civil Rights Act of 1866 and amended by the Civil Rights Act of 1991, Section 1981 prohibits racially discriminatory formation, performance, modification,... |
2025 |
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| Chika O. Okafor , Northwestern University |
SEEING THROUGH COLOR BLINDNESS: SOCIAL NETWORKS AS A MECHANISM FOR DISCRIMINATION |
68 Journal of Law & Economics 519 (August, 2025) |
I study labor markets in which firms both hire via referrals and are race blind or color-blind. I develop an employment model showing that despite initial equality in ability, employment, wages, and network structure, minorities receive disproportionately fewer jobs through referrals and lower expected wages, simply because their social group is... |
2025 |
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| Michelle Gutowski |
SHAPING A MORE EQUITABLE ELECTION SYSTEM: A CANADIAN APPROACH TO SOLVING THE VOTING RIGHTS CRISIS IN AMERICA |
33 Journal of Law & Policy 147 (2025) |
The Voting Rights Act of 1965 is an extraordinary law. Rarely has a statute required so much sacrifice to ensure its passage. Never has a statute done more to advance the Nation's highest ideals[,] [a]nd few laws are more vital in the current moment. Yet in the last decade, this Court has treated no statute worse. In 1965, the Voting Rights Act was... |
2025 |
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| Emily Glazier |
SHINING LIGHT ON POLICY: THE CASE FOR SOLAR PANEL MANDATES ON NEW CONSTRUCTION PROJECTS |
31 Cardozo Journal of Equal Rights & Social Justice 433 (Winter, 2025) |
C1-2Table of Contents Introduction. 434 I. Background. 438 A. National Housing Crisis. 438 B. Climate Crisis. 443 C. The Current Regime: Solar Panel Mandates. 445 1. Cities with Solar Panel Mandates. 446 2. California's Statewide Solar Mandate. 447 II. Are Statewide Solar Mandates a Sensible Regime?. 447 A. Criticisms of Solar Panel Mandates. 448... |
2025 |
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| Andrew Milne |
SILVER TSUNAMI OR SILVER RUSH? EXTRACTING VALUE FROM ELDERS |
33 Elder Law Journal 109 (2025) |
This Article examines how the United States finances elder care, arguing that the legal processes structuring elder care tend to widen economic inequality and divide the interests of lower-income people against each other along generational, gendered, and racialized lines. I begin with two case narratives drawn from my practice experience as a... |
2025 |
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| Spencer Lasday |
SOCIAL JUSTICE AUDITS OF OPPORTUNITY ZONES |
33 Journal of Affordable Housing & Community Development Law 353 (2025) |
Ideally, Opportunity Zones (OZs) are a conduit for conscious capital--a way for investors, in conjunction with the community, to effect change. OZs as intended are economically distressed census tracts aimed to attract private investment. These programs have had demonstrable success in creating pathways for economic success in low-income... |
2025 |
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| Marissa Jackson Sow |
SOCIAL MURDER AND THE ANTISOCIAL CONTRACT |
85 Maryland Law Review 79 (2025) |
Social murder is widely understood as the reckless and calculated killing by the State of people who are considered surplus and thus made redundant by the State. It is not merely an outcome, however; social murder, is an antidemocratic process, and--certainly as it is manifesting in the United States under the second Trump Administration--is also... |
2025 |
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| Guillermo Cintron |
STANDARD OF PROOF IN CHILD WELFARE CASES |
28 University of the District of Columbia Law Review 153 (Spring, 2025) |
The lack of federal standards at the most crucial decision points of child welfare cases allows agencies across the country charged with ensuring the safety of children to abuse their authority by overregulating and policing Black and Brown families while interfering with their constitutional right to family integrity. Throughout this paper, I will... |
2025 |
Yes |
| LaToya Baldwin Clark |
STEALING EDUCATION |
30 National Black Law Journal 133 (2025) |
This article was originally published in the UCLA Law Review (68 UCLA L. Rev. 566 (2021)). While most state constitutions include provisions that indicate a commitment to equal access to education within one state, that commitment remains unfulfilled. This Article shines a light on a practice that has been overlooked by those concerned about school... |
2025 |
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| Yochai Benkler |
STRUCTURE AND LEGITIMATION IN CAPITALISM: LAW, POWER, AND JUSTICE IN MARKET SOCIETY |
88 Law and Contemporary Problems 1 (2025) |
There is nothing magical in the reasoning of judges long dead. This article introduces a new institutional political economy of capitalism that explains the distinctive dynamics that drive sustained productivity growth, recurring social dislocation, and persistent patterns of exploitation in modern market societies. It then analyzes the role of law... |
2025 |
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| Nate Tackett |
STUDENT NOTE: NO CHILD LEFT BEHIND BARS: THE EDUCATIONAL ATTAINMENT OF CHILDREN WITH INCARCERATED PARENTS |
54 Journal of Law and Education 114 (Spring, 2025) |
Two million seven hundred thousand children arrive at their respective schools each morning ready to learn, while at least one of their parents is sitting behind bars. The United States' idolization of punitive-driven criminal justice policies has led to the sentencing of a convicted person's family alongside their loved one, despite never having... |
2025 |
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| Maytal Gilboa |
SUBSTITUTE VICTIMS |
66 Boston College Law Review 797 (March, 2025) |
Introduction. 799 I. Delineating the Problem.. 807 A. The Less Costly Victim. 807 B. The Gist of the Problem. 810 II. Substitute Victims and Tort Law: Demonstrating the Problem. 811 A. Negligence. 811 1. Substitute Victims. 812 2. Policy Implications. 814 B. Nuisance. 815 1. Substitute Victims. 816 2. Policy Implications. 819 C. Product Liability... |
2025 |
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| Nirej Sekhon |
SUSPICION AS SAFE HARBOR |
27 University of Pennsylvania Journal of Constitutional Law 789 (September, 2025) |
The Fourth Amendment is supposed to protect civilians from the police. Ironically, the Fourth Amendment also protects police by creating a safe harbor that insulates them from constitutional speech and race discrimination challenges. Satisfying the Fourth Amendment's requirement of individualized suspicion goes far in foreclosing claims under the... |
2025 |
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| Baher Azmy |
TAKING BACK THE STREETS: IMPACT LITIGATION AS MOVEMENT LAW |
100 New York University Law Review 277 (May, 2025) |
This Article aims to reimagine impact litigation as movement law. It does so through a case study of Floyd v. City of New York, historic litigation which successfully challenged the New York Police Department's aggressive stop and frisk policies. It documents a seminal period in the history of policing and community resistance by providing the... |
2025 |
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| Kirk J. Stark |
TAXATION, REDISTRIBUTION, AND THE URBAN-RURAL DIVIDE |
78 Tax Lawyer 361 (Spring, 2025) |
This article considers how population clustering, and the resulting density divide between urban and rural areas, influences patterns of redistributive taxation across different levels of government in the U.S. context. Positive theories of fiscal federalism hold that redistribution is more tenable when taxpayers have fewer exit options, suggesting... |
2025 |
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| Diego H. Alcalá Laboy |
THE "FOUNDER'S GAZE": HOW THE FOURTH AMENDMENT IS A SURVEILLANCE TECHNOLOGY THAT ENABLES AI TO SCALE CONTROL OVER THE SUBALTERN |
30 Michigan Journal of Race and Law 215 (Fall, 2025) |
Much has been written about the rise of artificial intelligence and machine learning applications and how the current Fourth Amendment law has been unable to mitigate the privacy harm that these tools produce. This article explores how the development and usage of AI and machine learning models is dependent on the originalism principles of Fourth... |
2025 |
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| Jamie C. Cooper |
THE ASSIMMIGRATION MATRIX: DISMANTLING FAMILIES AND ASSIMILATING THE CHILDREN LEFT BEHIND |
56 Seton Hall Law Review 425 (2025) |
As mass deportation of Black and brown noncitizen parents materializes, the threat of family separation is being realized for millions of families in the United States. In the process, these families will face a harmful confluence of systems, which I refer to as the assimmigration matrix. When laws governing family, child welfare, and... |
2025 |
Yes |
| Esther K. Hong |
THE CARCERAL STATE(S) |
30 Michigan Journal of Race and Law 1 (Spring, 2025) |
The carceral state is everywhere. Legal and social science scholars are increasingly using the carceral state concept to criticize various aspects, or even the entirety, of the United States. But despite how popular and common this term has become in writings about mass incarceration, criminal processes and punishments, and other forms of social... |
2025 |
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| Junaid Afeef |
THE CHILDREN WHO ARE HERE |
113 Illinois Bar Journal 32 (April, 2025) |
Removing bias from the child removal process. IN 1988, JOURNALIST ALEX KOTLOWITZ WANTED TO tell the story of children living in poverty in Chicago. He asked LaJoe Rivers, a mother who resided in Chicago's Henry Horner Homes, if she'd like to share her perspective. She said yes and added, But you know, there are no children here. They've seen too... |
2025 |
Yes |
| Meredith Sadin, Amy E. Lerman, Ben J. Fils , University of California, Berkeley, CA, USA |
THE CLASSROOM AND THE YARD: THE CONTRASTING CONTEXT OF PRISON HIGHER EDUCATION AND ITS ROLE IN RACIAL BIAS MITIGATION |
50 Law and Social Inquiry 1117 (November, 2025) |
(Received 27 December 2023; revised 05 March 2025; accepted 14 March 2025; first published online 01 July 2025) Prison has long been recognized as a racialized institution in America, where race determines myriad aspects of life--from where individuals sleep to those with whom they live, eat, and socialize during incarceration. However, there is... |
2025 |
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| Jeffery A. Jenkins , Justin Peck |
THE COLLAPSE OF THE CIVIL RIGHTS COALITION: CONGRESS AND THE POLITICS OF ANTIBUSING LEGISLATION, 1966-86 |
43 Law and History Review 489 (August, 2025) |
The legislative coalition responsible for passing the 1964 Civil Rights Act did not set out to use busing as a means to end school segregation. When it came time to implement relevant portions of the law, however, busing became the primary method for reversing separate but equal education. In this paper, we provide a legislative policy history... |
2025 |
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| Daniel Burke |
THE CRITICAL IMPORTANCE OF PROJECT-BASED SECTION 8 AND PROJECT-BASED VOUCHERS IN ADVANCING HOUSING CHOICE MOBILITY |
33 Journal of Affordable Housing & Community Development Law 199 (2025) |
Introduction. 200 I. Overview of Key Federal Housing Rental Subsidy Programs. 202 A. Public Housing. 202 B. The Project-Based Section 8 Program. 203 C. The Housing Choice Voucher Program. 204 D. The Project-Based Voucher Program. 205 E. The Low-Income Housing Tax Credit Program. 206 II. A Review of Choice Mobility Programs: The Gautreaux Program... |
2025 |
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| Tine Lee |
THE DEEP ROOTS AND WIDE REACH OF COMBINING PUNISHMENT AND CARE |
53 Southwestern Law Review 266 (2025) |
Wendy Bach's Prosecuting Poverty, Criminalizing Care is a powerful indictment of the harm caused by the intertwining of care and punishment under Tennessee's fetal assault law, in existence from 2014 to 2016. Through careful attention to the ideas behind the creation of this law, how it was applied, and the outcomes of many of the cases, Bach... |
2025 |
Yes |
| Evelyn Marcelina Rangel-Medina |
THE DISPOSABLE "ESSENTIAL" WORKERS OF COVID-19 |
66 Boston College Law Review 69 (January, 2025) |
Introduction. 71 I. Structural Inequalities in Low-Wage Essential Employment. 76 A. Six Structural Factors Underlying Inequality in Employment. 76 B. COVID-19 Exacerbated Structural Inequity for Low-Wage Workers of Color. 82 C. Essential Workers in the Food Chain System During COVID-19. 88 1. Agricultural Essential Workers. 89 2. Meatpacking... |
2025 |
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| Aliza Hochman Bloom |
THE EMERGING FIREARMS HYPOCRISY OF TERRY: THE FIFTH CIRCUIT IN UNITED STATES v. WILSON |
78 Stanford Law Review Online 137 (November, 2025) |
In July 2025, the Fifth Circuit held that a police officer's suspicion that an individual is carrying a concealed firearm, because it is a presumptively lawful activity, cannot be the sole basis for an investigative stop. Setting aside for the moment the national trend toward deregulating firearms, United States v. Wilson is remarkable because of... |
2025 |
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