Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Robert F. Kane , Victor Qiu , Mackenzie Neumann , Chuck Chan |
PUNISHED FOR POVERTY: HOW FEES AND FINES TRAP THE POOR IN PERPETUAL DEBT |
49 Vermont Law Review 88 (Fall, 2024) |
This Article demonstrates how court-imposed fees and fines on indigent criminal defendants cause a feedback loop of debt for the poor. In most states, courts are not required to consider a criminal defendant's ability to pay when imposing fees and fines. As a result, criminal defendants face mandatory fees and fines that they are unable to pay.... |
2024 |
Yes |
Céline Bessière , Muriel Mille , Gabrielle Schutz |
PUTTING THE CLIENT TO WORK: POWER DYNAMICS IN THE FAMILY LAWYER-CLIENT RELATIONSHIP |
58 Law and Society Review 663 (December, 2024) |
(Received 8 April 2023; revised 22 June 2024; accepted 8 July 2024) In a context promoting partners' active participation in their divorce or dissolution, family lawyers often put their clients to work - from stating goals and supplying information for the written file, to embodying the case at the hearing. This article focuses on the coproduction... |
2024 |
|
Khiara M. Bridges |
RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI |
110 Virginia Law Review 243 (April, 2024) |
What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... |
2024 |
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Perry Moriearty , Kat Albrecht , Caitlin Glass |
RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER |
51 Fordham Urban Law Journal 675 (March, 2024) |
Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... |
2024 |
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Vinay Harpalani |
RACE-CONSCIOUSNESS AND BLACK HUMANITY: REINTERPRETING THE BROWN FOOTNOTE 11 DOLL STUDIES |
104 Boston University Law Review 1251 (September, 2024) |
Introduction. 1253 I. Racial Stigma and Plessy's Dual Conundrum. 1257 II. From the Dual Conundrum to the Doll Studies. 1260 III. The Doll Studies and Their Discontents. 1265 IV. Reinterpreting the Doll Studies Through a Developmental Lens. 1271 V. The Transformation of the Harm in Brown. 1279 VI. Race-Consciousness Affirmed and Abrogated. 1285... |
2024 |
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Ian Ayres , Sonia Qin , Pranjal Drall |
RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT |
21 UC Law Journal of Race and Economic Justice 183 (June, 2024) |
In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... |
2024 |
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Carmen G. Gonzalez |
RACIAL CAPITALISM, CLIMATE CHANGE, AND ECOCIDE |
41 Wisconsin International Law Journal 479 (Summer, 2024) |
Lawyers, scholars, and activists have long sought to incorporate ecocide into the Rome Statute of the International Criminal Court to address corporate and governmental impunity for massive and severe ecological damage, including the harms caused by climate change. This Article uses the framework of racial capitalism to examine and critique the... |
2024 |
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Yoko Imajo, M.P.H. |
REALIZING EQUITY: STRATEGIC UTILIZATION OF THE COMMUNITY REINVESTMENT ACT TO ELEVATE FOOD SECURITY IN HISTORICALLY REDLINED DISTRICTS |
33 Southern California Review of Law & Social Justice 289 (Summer, 2024) |
C1-2TABLE OF CONTENTS I. FOREWORD. 290 II. INTRODUCTION. 293 III. REDLINING AFFECTED MODERN-DAY FOOD INSECURITY LEVELS. 293 A. History of Redlining. 293 B. Focusing on Food Insecurity Can Improve Health Equity and Well-Being. 298 C. Redlining Correlates with Food Insecurity. 300 IV. THE COMMUNITY REINVESTMENT ACT. 301 A. Legislative History and... |
2024 |
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Bennett Capers , Gregory Day |
RECONSTRUCTION, AND THE UNFULFILLED PROMISE OF ANTITRUST |
109 Minnesota Law Review 341 (November, 2024) |
Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from... |
2024 |
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Benjamin Levin , Kate Levine |
REDISTRIBUTING JUSTICE |
124 Columbia Law Review 1531 (June, 2024) |
This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... |
2024 |
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Robert G. Schwemm |
REFLECTIONS ON ARLINGTON HEIGHTS: FIFTY YEARS OF EXCLUSIONARY ZONING LITIGATION AND BEYOND |
57 UIC Law Review 389 (Spring, 2024) |
I. Introduction. 390 II. Arlington Heights and Early Exclusionary Zoning Law. 392 A. Arlington Heights Begins: The Proposed Project and the Village's Response. 392 B. Exclusionary Zoning Law in the Early 1970s. 395 C. Arlington Heights Prior to the Supreme Court. 397 1. Trial Court Proceedings. 397 2. Seventh Circuit's Decision. 403 D. The Supreme... |
2024 |
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Martin YC Kwan |
REGIONAL DISCRIMINATION AS A QUASI-FORM OF RACIAL DISCRIMINATION: COMPARING THE PROTECTION UNDER ANGLO-AMERICAN, INTERNATIONAL AND CHINESE LAWS |
39 American University International Law Review 485 (2024) |
I. INTRODUCTION. 486 II. REGIONAL DISCRIMINATION. 487 A. The Lack of Protection in the U.S.. 487 B. There Is Also No Protection in the U.K.. 491 C. International Human Rights Law Is No Better: The Limited Notion of Social Origin. 492 1. The Emerging International Academic Focus on Classism. 494 III. THE OVERLAP WITH RACIAL DISCRIMINATION. 496 A.... |
2024 |
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Ronald J. Krotoszynski, Jr. , Caprice L. Roberts |
REIMAGINING FIRST AMENDMENT REMEDIES |
109 Iowa Law Review 911 (March, 2024) |
ABSTRACT: Since the Warren Court's landmark First Amendment decisions of the 1960s, the Supreme Court has aggressively deployed the Free Speech Clause to provide broad substantive protections for expressive freedoms. These rules, in theory, should effectively safeguard the marketplace of political ideas and facilitate both speaker and audience... |
2024 |
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Joseph Berra, S. Priya Morley |
REIMAGINING RIGHTS IN THE AMERICAS |
28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) |
C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... |
2024 |
Yes |
Jordan Blair Woods |
REIMAGINING TRAFFIC FINES AND FEES |
14 UC Irvine Law Review 936 (September, 2024) |
Traffic tickets can be big business for government. Every year, traffic tickets generate hundreds of millions, if not billions, of dollars in revenue for state and local governments nationwide. That revenue is then allocated to support a wide variety of government programs, some of which have nothing to do with traffic violations. The burdens of... |
2024 |
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Ruhan Sidhu Nagra |
RELOCATING JUSTICE |
74 Duke Law Journal 441 (November, 2024) |
Managed retreat--the planned relocation of people facing imminent climate threats--is an inevitable part of future climate adaptation in the United States. Given that Black, Brown, and low-income communities are disproportionately vulnerable to climate hazards, managed retreat has significant justice implications. This Article explores what I call... |
2024 |
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Lyle Cherneff |
REMEMBERING IN RE TURNER: POPULAR CONSTITUTIONALISM IN THE RECONSTRUCTION ERA |
133 Yale Law Journal 2442 (May, 2024) |
This Note presents a historical account of the underexamined movement to end racialized apprenticeship laws in the post-slavery era. Original archival research from census records, Union Army files, and newspaper articles illustrate the contributions of formerly enslaved men, women, and children to the ultimately successful movement to declare... |
2024 |
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Jane K. Stoever |
REMOVING THE BIAS OF CRIMINAL CONVICTIONS FROM FAMILY LAW |
35 Yale Journal of Law & Feminism 1 (2024) |
Abstract: What happens when a legal system reduces a person to a record of arrests and prosecutions and prioritizes that information in family court? And what are the implications when this legal system is rooted in racism; disproportionately arrests, charges, and sentences people of color; and increasingly criminalizes domestic violence survivors?... |
2024 |
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Clara Potter, Lauren Godshall |
RENTING AT THE EDGE OF THE WORLD: CLIMATE CHANGE PROTECTIONS FAILING RENTERS |
74 Washington University Journal of Law & Policy 117 (2024) |
American law and policy are designed to protect property owners. Unsurprisingly, this extends to the policies and laws that are developing in response to climate change. Renters, however, are a massive part of the population, particularly in the places most likely to be impacted in the near and long-term by the effects of climate change. Yet... |
2024 |
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Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
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Isabel Jones |
REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY |
112 California Law Review 969 (June, 2024) |
The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... |
2024 |
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Farhang Heydari |
RETHINKING FEDERAL INDUCEMENT OF PRETEXT STOPS |
2024 Wisconsin Law Review 181 (2024) |
Few topics in policing have received more attention than pretextual traffic stops--traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded... |
2024 |
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Christine Ennis , Attorney Law and Policy Section, Environment and Natural Resources Division |
REVISITING THE LACEY ACT: OVERVIEW AND CONSIDERATIONS FOR USE IN ANIMAL WELFARE |
72 Department of Justice Journal of Federal Law and Practice 195 (November, 2024) |
Although there has been a progression of conservation and, more recently, anti-cruelty legislation since the 1970s, the nation's oldest wildlife statute plays an outsize role in combating illegal wildlife trafficking. The Lacey Act was created in 1900 and has become the country's primary enforcement tool against wildlife trafficking. The first part... |
2024 |
Yes |
|
RIGHT TO A JURY TRIAL |
53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) |
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... |
2024 |
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Jonathan Rosenbloom |
SACRIFICE ZONES |
24 Nevada Law Journal 891 (Spring, 2024) |
Thousands of acres of land have been lost to climate change. Additional thousands, if not millions, of acres will become uninhabitable because of floods, droughts, heatwaves, wildfires, and a host of other known and unknown climate impacts. Yet people continue to build in such areas, adding homes, businesses, infrastructure, and so on, guaranteeing... |
2024 |
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Priya Baskaran |
SEARCHING FOR JUSTICE: INCORPORATING CRITICAL LEGAL RESEARCH INTO CLINIC SEMINAR |
30 Clinical Law Review 227 (Spring, 2024) |
This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justiceoriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal... |
2024 |
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Priya S. Gupta |
SEEING AMERICA THROUGH ITS TOWNS: FOUR PORTRAITS OF STRUGGLE AND SURVIVAL: THE FIGHT TO SAVE THE TOWN: REIMAGINING DISCARDED AMERICA. BY MICHELLE WILDE ANDERSON. SIMON & SCHUSTER. 2022. PP. 352 2022. $30.00. ISBN 978-1-5011-9598-3 |
24 Journal of Law in Society 283 (Spring, 2024) |
In The Fight to Save the Town, Stanford Law professor Michelle Wilde Anderson gives her readers an immersive experience into four towns in the U.S.: Stockton, California; Josephine County, Oregon; Lawrence, Massachusetts; and Detroit, Michigan. This book does not extrapolate a simple recipe for fixing under-resourced, crumbling social welfare,... |
2024 |
Yes |
Annie Isabel Fukushima , Jens Nilson, Kaden Richards |
SEEING RACE & SEXUALITY: CHILD WELFARE & FORCED LABOR |
77 Arkansas Law Review 283 (2024) |
In 2021, California couple Nery Martinez Vasquez and Maura Martinez made headline news after pleading guilty to conspiracy to commit forced labor for forcing a Guatemalan relative and her two daughters to work long hours under poor conditions. They kept the girls out of school with threats that they would be deported. Vasquez and Martinez... |
2024 |
Yes |
Christopher B. Scheren |
SENTENCE SERVED AND NO PLACE TO GO: AN EIGHTH AMENDMENT ANALYSIS OF "DEAD TIME" INCARCERATION |
118 Northwestern University Law Review 1167 (2024) |
Abstract--Although the state typically releases incarcerated people to reintegrate into society after completing their terms, indigent people convicted of sex offenses in Illinois and New York have been forced to remain behind bars for months, or even years, past their scheduled release dates. A wide range of residency restrictions limit the... |
2024 |
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Steven W. Bender, Ediberto Román |
SIN VERGÜENZA: MICHAEL OLIVAS AND CROP CULTIVATION |
61 Houston Law Review 889 (Spring, 2024) |
Our focus is on Michael Olivas's tireless efforts of mentorship toward diversifying the legal academy, and both of us are proud Olivas mentees. We build on his article, The Education of Latino Lawyers: An Essay on Crop Cultivation (1994), and detail Michael's efforts, such as the attention-getting strategy of naming and shaming through the Dirty... |
2024 |
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Spencer Headworth |
STATEGRAFT IN PUBLIC ASSISTANCE PROGRAMS |
2024 Wisconsin Law Review 503 (2024) |
Lawbreaking and resource misuse in public assistance programs receive ample popular and political attention. The bulk of this attention focuses on alleged abuses on the part of programs' clients. This Essay addresses a less-publicized issue: illegal actions on the part of public officials that deprive citizens of resources to which they would... |
2024 |
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Andrew Scherer |
STOP THE VIOLENCE: A TAXONOMY OF MEASURES TO ABOLISH EVICTIONS |
51 Fordham Urban Law Journal 1329 (September, 2024) |
Evictions are among the harshest, most violent, disruptive, and damaging acts authorized by our civil courts. An armed official with a gun orders a tenant and their family out of their home and removes their possessions, often simply placing a family's belongings--photos, knick-knacks, furniture, the accumulations of a life--on the sidewalk to be... |
2024 |
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Michelle D. Layser , Andrew J. Greenlee, Ph.D. |
STRUCTURAL INEQUALITY AND THE NEW MARKETS TAX CREDIT |
73 Duke Law Journal 801 (January, 2024) |
The New Markets Tax Credit (NMTC) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of... |
2024 |
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Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
2024 |
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Judith Fox |
STUDENT LOAN DEBT: THE LONG-TERM ECONOMIC CONSEQUENCES |
36 Loyola Consumer Law Review 309 (2024) |
There are nearly 1.6 trillion dollars in outstanding federal student loans and more than 59 billion in private loans. Prior to the COVID-19 pandemic student loan debt was being called a crisis. Student loan debt topped all consumer debt except mortgages. Delinquencies were rising and debtors, especially millennials, were feeling crushed under their... |
2024 |
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Steven A. Ramirez |
STUDENTS FOR FAIR ADMISSIONS: AFFIRMING AFFIRMATIVE ACTION AND SHAPESHIFTING TOWARDS COGNITIVE DIVERSITY? |
47 Seattle University Law Review 1281 (Spring, 2024) |
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court's majority opinion never intimates that it overrules Grutter v. Bollinger, the Court's leading... |
2024 |
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Yvette Butler |
SURVIVAL LABOR |
112 California Law Review 403 (April, 2024) |
This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in... |
2024 |
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Michelle Lyon Drumbl |
TAX ENFORCEMENT AT THE INTERSECTION OF SOCIAL WELFARE AND VULNERABLE POPULATIONS |
2024 Wisconsin Law Review 587 (2024) |
This Essay engages with Professor Bernadette Atuahene's theory of stategraft in the context of tax administration and the role that the Internal Revenue Service (IRS) plays in implementing certain social welfare benefits, including the Earned Income Tax Credit (EITC). Specifically, it considers whether the IRS's denials of the EITC to those who... |
2024 |
Yes |
Jeffrey Selbin, Gus Patel-Tupper |
TAXING VULNERABLE CHILDREN AND FAMILIES THROUGH STATEGRAFT: IT IS TIME TO END RACIALIZED WEALTH EXTRACTION IN FOSTER CARE |
2024 Wisconsin Law Review Forward 69 (2024) |
As unjust and counterproductive public policies go, taxing vulnerable children and families is among the worst. For years, experts have been sounding the alarm that foster care child support--making parents pay the state when it takes away their children--is bad family policy and fiscal policy. Importantly, critics have also pointed to the myriad... |
2024 |
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Erin M. Carr |
THE "HISTORY AND TRADITION" OF THE SANCTIFICATION OF STRUCTURAL VIOLENCE: A REVIEW OF THE CYCLICAL CORROSION OF CONSTITUTIONAL PROTECTIONS |
27 Journal of Gender, Race and Justice 1 (Winter, 2024) |
In recent decades, the American political and legal landscape has undergone a radical, though not necessarily unprecedented, transformation. Hard-fought progress in the area of civil rights has been eviscerated through sophisticated efforts to legitimize a political, economic, social, and legal system that devalues and exploits non-whites, women,... |
2024 |
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Jennifer D. Oliva , Taleed El-Sabawi |
THE "NEW" DRUG WAR |
110 Virginia Law Review 1103 (September, 2024) |
American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the supply of drugs that are labeled as dangerous and addictive. The decisions as to which drugs fall... |
2024 |
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Kathryn A. Thomas, Cara A. Struble, Madeline R. Stenersen, Kelly Moore |
THE ASSOCIATION BETWEEN STATE-LEVEL PRENATAL SUBSTANCE USE POLICIES AND RATES OF MATERNAL MORTALITY IN THE UNITED STATES: A LEGAL EPIDEMIOLOGY STUDY |
52 Journal of Law, Medicine & Ethics 75 (Spring, 2024) |
Keywords: Maternal Mortality, Substance Use, Legal Epidemiology, Maternal Health Abstract: Little research has explored relationships between prenatal substance use policies and rates of maternal mortality across all 50 states, despite evidence that prenatal substance use elevates risk of maternal death. This study, utilizing publicly available... |
2024 |
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Chris Gottlieb |
THE BIRTH OF THE CIVIL DEATH PENALTY AND THE EXPANSION OF FORCED ADOPTIONS: REASSESSING THE CONCEPT OF TERMINATION OF PARENTAL RIGHTS IN LIGHT OF ITS HISTORY, PURPOSES, AND CURRENT EFFICACY |
45 Cardozo Law Review 1319 (June, 2024) |
C1-2Table of Contents Introduction. 1320 I. The History of Termination of Parental Rights in Relation to Adoption. 1327 A. Current Law. 1328 B. The Backdrop for Termination of Parental Rights: The Introduction of Adoption into American Law and the Rise and Fall of Adoption Numbers. 1332 C. The Birth of Termination of Parental Rights. 1338 1. Case... |
2024 |
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Brian J. Connolly |
THE BLACK BOX OF SINGLE-FAMILY ZONING REFORM |
65 Boston College Law Review 2327 (October, 2024) |
Introduction. 2328 I. The Ambiguous Case for Single-Family Zoning Reform. 2338 A. The Zoning Reform Consensus. 2341 1. The Economists. 2341 2. The Social Justice School. 2343 3. The Environmentalists. 2346 4. The Fiscal School. 2347 B. Critiques of the Case for Zoning Reform. 2348 C. No Clear Diagnosis and No Clear Cure. 2350 II. The Revolt Against... |
2024 |
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Yiran Zhang |
THE CARE BUREAUCRACY |
99 Indiana Law Journal 1241 (Summer, 2024) |
The state plays an increasingly crucial role in providing home care as an aging population leads to mounting care needs. The public care system in the United States delivers home care and compensation for care work through an increasingly bureaucratic mode of governance featuring task-list enumeration, documentation, professional supervision, and... |
2024 |
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Jaclyn Lopez |
THE CLIMATE IS CHANGING AND SO MUST WE: THE NEED TO PRIORITIZE AT-RISK COMMUNITIES AND ECOSYSTEMS |
74 Washington University Journal of Law & Policy 44 (2024) |
The climate is changing, and our laws and policies threaten to leave behind vulnerable communities and ecosystems. About half of the people and imperiled plants and animals in the United States are in coastal counties. Coastal communities' ability to cope with the impacts of climate change will depend on how well local adaptation and resiliency... |
2024 |
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Keith H. Hirokawa, Cinnamon P. Carlarne |
THE CLIMATE MORATORIUM |
11 Texas A&M Law Review 365 (Winter, 2024) |
Climate change is our new reality. The impacts of climatic changes, including massive forest fires, floods, drought, severe storms, saltwater intrusion, and the resulting migration of people displaced by such impacts, will continue to ravage communities across the nation into the foreseeable future. In the meantime, communities continue to expand... |
2024 |
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Jon C. Dubin |
THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE |
35 Stanford Law and Policy Review 104 (February, 2024) |
The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... |
2024 |
Yes |
Daniel L. Hatcher |
THE COMMODIFICATION OF CHILDREN AND THE POOR, AND THE THEORY OF STATEGRAFT |
2024 Wisconsin Law Review 559 (2024) |
Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of... |
2024 |
Yes |
Joshua Braver , Ilya Somin |
THE CONSTITUTIONAL CASE AGAINST EXCLUSIONARY ZONING |
103 Texas Law Review 1 (November, 2024) |
We argue that exclusionary zoning--the imposition of restrictions on the amount and types of housing that property owners are allowed to build--is unconstitutional because it violates the Takings Clause of the Fifth Amendment. Zoning has emerged as a major political and legal issue. A broad cross-ideological array of economists and land-use... |
2024 |
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