AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Christina Koningisor COOPTING PRIVACY 105 Boston University Law Review 765 (April, 2025) Privacy law in the United States is sectoral in nature. And at every turn, it privileges the police. On the front end, privacy statutes uniformly exempt law enforcement agencies, allowing police to gather private information when access is denied to other government and private actors. And on the back end, public records laws contain myriad privacy... 2025  
Raychel Octavia Gadson , Department of Political Science, Johns Hopkins University, Baltimore, MD, USA, Email: raychel.gadson@gmail.com CO-OPTING THE STATE: MOBILIZING ENVIRONMENTAL JUSTICE CLAIMS IN A REGULATORY AGENCY 59 Law and Society Review 82 (March, 2025) Sociolegal scholars have long debated the effectiveness of legal mobilization as a strategy for achieving social change. In addition to evaluating outcomes of wins and losses in court, they have identified several indirect effects of legal mobilization on social movements. Mobilizing new rights concepts can increase support for a movement, divide... 2025  
Caroline Rogus COURT FORMS AND COURT REFORMS: PRO SE LITIGANTS AND THE LIMITED SUCCESS OF STANDARDIZED FAMILY COURT FORMS 58 University of Michigan Journal of Law Reform 317 (Winter, 2025) The first step in any civil lawsuit, long before a court will contemplate awarding relief, is initiating the court matter: a plaintiff must always start by effectively pleading their case. The court system rests upon the presumption that an attorney will create and file the requisite court documents--including complaints, answers, and motions--on... 2025  
Brady Prelutsky, Hannah F. Sanchez CRIMES AND OFFENSES 42 Georgia State University Law Review 41 (Fall, 2025) Controlled Substances: Amend Title 16 of the Official Code of Georgia Annotated, Relating to Crimes and Offenses, so as to Revise Threshold Amounts of Fentanyl and Related Substances Necessary to Constitute the Offenses of Possessing, Selling, Distributing, and Manufacturing of Such Substances; Provide for Increased Penalties for Such Offenses;... 2025  
Zohra Ahmed CRIMINAL COURT'S DISABILITY 125 Columbia Law Review 1773 (October, 2025) Do criminal courts meaningfully accommodate psychiatric disability? A review of competency proceedings across the United States suggests not. In competency to stand trial (CST) proceedings, criminal courts offer a narrow vision of psychiatric disability that excludes many defendants. Ultimately, the institutional context of criminal court... 2025  
Terry Skolnik CRIMINAL JUSTICE AND THE EROSION OF CONSTITUTIONAL RIGHTS 66 Boston College Law Review 1679 (May, 2025) Introduction. 1681 I. The Criminal Procedure Revolution, Rights, and Remedies.. 1689 A. Protections During Investigations, Trials, and Sentencing. 1689 B. Protections Against Governmental Misconduct. 1691 C. Protection Against Discrimination. 1693 II. Administrative Burden. 1695 A. Learning, Compliance, and Psychological Costs. 1695 B. The... 2025  
Jacob Schwessinger CRIMINALIZATION: AN EXCEPTIONALLY AMERICAN RESPONSE TO HOMELESSNESS 98 Southern California Law Review 1091 (April, 2025) This Note analyzes the recent trend of criminalizing homelessness in the United States. The first half discusses homelessness through the lens of American exceptionalism as a comparative tool. Comparing America to its international peers helps us better understand why America's response to homelessness has become increasingly punitive. In doing so,... 2025  
Peter J. Hammer CROSSING REDLINES IN HOUSING SEGREGATION AND THE COLD WAR: SIPES v. MCGHEE AND U.S. v. DENNIS 25 Journal of Law in Society 1 (Winter, 2025) C1-2CONTENTS Abstract. 1 Introduction. 2 I. The History of Housing Segregation in Detroit. 5 II. Crossing the Red Line - Housing Segregation and Sipes v. McGhee. 13 III. Crossing the Redline - The Cold War and United States v. Dennis. 24 IV. The Legacy of the Cold War. 32 V. The Legacy of Sipes v. McGhee. 37 Conclusion. 41 2025  
Eduardo R. Ferrer DE/RECONSTRUCTING DELINQUENCY 113 Georgetown Law Journal 1339 (June, 2025) Hundreds of thousands of children are brought under the jurisdiction of delinquency courts every year in the United States. Despite the reality that most children engage in delinquent behavior during their adolescence, poor children, children of color, children with disabilities, and children who identify as LGBTQIA+ comprise a disproportionate... 2025 Yes
Kate Elengold DEBT, WORK, AND THE STATE 109 Minnesota Law Review 1309 (February, 2025) In every state and the District of Columbia, an individual who owes a debt to the state can lose their license to work. Without the ability to make a living, it is much harder to pay off debt. Although using occupational license restrictions as a debt collection tool appears nonsensical, it has never before been the subject of scholarly debate.... 2025  
Ngozi A Erondu , Vyoma Dhar Sharma , Moses Mulumba DECOLONIAL FRAMINGS IN GLOBAL HEALTH LAW: REDRESSING COLONIAL LEGACIES FOR A JUST AND EQUITABLE FUTURE 53 Journal of Law, Medicine & Ethics 76 (Spring, 2025) Colonialism has produced the global health system, and decoloniality must inform global health law. This article considers the foundational impact of colonialism on the global health system and advocates for adopting decoloniality as a crucial framework to reshape global health law. Through a historical lens, it examines how European colonialism... 2025  
Joseph J. Fischel , Kate Brennan DECOMMISSIONING RAPE LAW 48 Harvard Journal of Law & Gender 149 (Spring, 2025) What if rape law should not exist? For over half a century, lawmakers, legal theorists, and activists have worked to reform modern criminal rape law so it might better remedy sexual violence and better meet the needs of sexual violence survivors. And yet, enacted reforms have failed to deliver on the promise of a safer sexual world. This Article... 2025  
T.J. Braxton DECONSTRUCTING THE GANG MENACE: GANG POLICING AND POLICE "EXPERT" TESTIMONY IN NEW YORK CITY 15 Columbia Journal of Race and Law 1337 (May, 2025) In New York City, the gang member is feared, vilified, and romanticized. The New York City Police Department (NYPD), the media, elected officials, and courts have all played a part in casting street gang members as some of the most dangerous people in society. But who exactly are these so-called gangsters? The answer is highly racialized: An... 2025  
Ayodeji Kamau Perrin DECRIMINALIZATION MATTERS: LGBTQ TRANSNATIONAL LITIGATION NETWORKS AND MOVEMENT LAWYERING IN THE GLOBAL SOUTH 105 Boston University Law Review 67 (February, 2025) In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South--the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial... 2025  
Paul H. Robinson , Jeffrey Seaman DECRIMINALIZING CONDEMNABLE CONDUCT: A MISCALCULATION OF SOCIETAL COSTS AND BENEFITS 98 Southern California Law Review 585 (February, 2025) Recent developments have seen a trend toward de facto decriminalization of conduct that the community continues to see as criminally condemnable. This includes effectively decriminalizing certain kinds of conduct, such as lower-level theft, immigration offenses, illicit drug use, or domestic violence without serious physical injury, as well as... 2025  
Joshua J. Schroeder DEFENDING DRED SCOTT PART I: THE FATAL FLAW IN THE 1619 PROJECT 26 Rutgers Race & the Law Review 1 (2025) In 2019, provocateur extraordinaire Nikole Hannah-Jones made a political gambit known as The 1619 Project in an attempt to re-center the inquiry of U.S. history upon Black Americans. The 1619 Project was not history, but creative reportage to shift the trajectory of historical inquiry in the United States. Judging from the deluge of research... 2025  
Deborah N. Archer , Joseph R. Schottenfeld DEFENDING HOME: TOWARD A THEORY OF COMMUNITY EQUITY 92 University of Chicago Law Review 2199 (December, 2025) Predominantly Black communities have long been systematically segregated and sequestered, then intentionally sacrificed, to feed the United States' growth and expansion. The burdens of development--including roads and highways, sewage, communications, and power infrastructure--and efforts to respond to the challenges of climate change, all fall... 2025  
Taleed El-Sabawi, Sarah Katz DEINSTITUTIONALIZING FAMILY SEPARATION IN CASES OF PARENTAL DRUG USE 134 Yale Law Journal Forum 1022 (2024-2025) March 28, 2025 abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under the guise of child welfare. Family separation remains the family policing system's primary intervention in families, including families... 2025 Yes
Kathryn Abrams DEMOCRATIC CHANGE, FAST AND SLOW: NAVIGATING TENSIONS IN PRO-ABORTION ORGANIZING 102 Washington University Law Review 1927 (2025) C1-2Table of Contents Introduction. 1927 I. Two Visions of Reproductive Change. 1929 A. Proponents of the Initiative Strategy: Fast Democratic Change. 1929 B. Critics of the Initiative Strategy: Slow Democratic Change. 1935 C. Is There Common Ground for Reproductive Change?. 1943 1. Highlighting the Larger Context of Abortion Restriction. 1951... 2025  
Roni Rothler DESIGNING CHILD WELFARE DISPUTE SYSTEMS: A FRAMEWORK FOR ADVANCING PARENTHOOD DISABILITY RIGHTS 24 Connecticut Public Interest Law Journal 237 (2024-2025) This article addresses a critical problem in the child welfare system: parents with disabilities, particularly those with intellectual, cognitive, and mental disabilities, disproportionately lose custody of their children due to systemic discrimination and lack of proper support. Although laws exist to protect the rights of people with... 2025 Yes
Judah Schept DIAGNOSING THE CARCERAL STATE: A REVIEW OF PROSECUTING POVERTY, CRIMINALIZING CARE, BY WENDY BACH 53 Southwestern Law Review 277 (2025) The contours of the carceral state have shifted. Recent work has documented the continuing devolution of mass incarceration down scale, from prisons to jails; the declines of incarcerated populations in once-bellwether states like California and New York, and the rising incarceration rates in places like Kentucky, Oklahoma, and Wyoming, alongside... 2025 Yes
Sydney Hoffman DISASTER STRIKES AGAIN: THE UNFAIR TREATMENT OF MARGINALIZED COMMUNITIES IN THE AFTERMATH OF NATURAL DISASTERS 55 Texas Environmental Law Journal 95 (Spring, 2025) I. Introduction. 96 II. A Brief Introduction. 98 A. Natural Disasters. 98 B. Disaster Relief Funding and FEMA. 99 III. Marginalized Communities' Heightened Vulnerability to the Effects of Natural Disasters. 101 A. Physical Vulnerability of Marginalized Communities to Natural Disasters. 102 B. Social Vulnerability of Marginalized Communities to The... 2025  
Nicole Langston DISCHARGING GOVERNMENT DEBT 78 Vanderbilt Law Review 73 (January, 2025) The bankruptcy system tries to strike a balance between a fresh economic start through debt forgiveness, or discharge, and the need to repay creditors. When the debt is owed to the government, however, the scale seemingly tips toward repayment because of the government's role in providing essential services to society. But there are certain debts... 2025  
Amy C. Gaudion DISCORD AND THE PENTAGON'S WATCHDOG: COUNTERING EXTREMISM IN THE U.S. MILITARY 100 Indiana Law Journal 1743 (Summer, 2025) In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today's technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: We have built networks for the delivery of information--the internet, and... 2025  
Sonya C. Garza DOBBS v. JACKSON WOMEN'S HEALTH AND ITS AFTERMATH: TWO YEARS INTO THE MODERN-DAY FIGHT FOR REPRODUCTIVE RIGHTS 29 U.C. Davis Social Justice Law Review 1 (Winter, 2025) Abstract. 3 Introduction. 3 I. Pre-Dobbs Abortion Jurisprudence and the Substantive Due Process Clause. 7 A. Roe v. Wade. 9 B. Planned Parenthood v. Casey. 12 C. Abortion in the Twenty-First Century: Turning to TRAP Laws and Hellerstedt. 13 II. The Lead Up to Dobbs. 17 A. Enjoined State Laws. 20 B. Texas: Private Citizen Enforcement. 21 III. Dobbs... 2025  
Kevin Woodson DOING JUSTICE WITH EMPATHY: BLACK PROSECUTORS IN THE AGE OF MASS INCARCERATION 93 Fordham Law Review 1297 (March, 2025) Introduction. 1297 I. When Prosecution Is Personal. 1301 II. Protecting Black People. 1305 III. Empathetic Leniency. 1308 IV. The Pain of Punishment. 1311 Conclusion. 1313 2025  
Anton C. Kernohan DREAMING BIG: QUEER FAMILIAL EXPANSION IN THE AFTERMATH OF LEPAGE 17 Northeastern University Law Review 175 (May, 2025) C1-2Table of Contents Abstract 179 Introduction 181 I. The Queer Reproductive Justice Framework 183 II. The Right to Parent as an Alleged Privacy Right 185 A. Parenthood & The Right to Privacy 186 B. Meyer v. Nebraska & Pierce v. Society of Sisters 187 III. The Right to Parent Meets the Right to Reproduce 188 A. Griswold: The Beginning 189 B.... 2025  
Ederlina Co ECLIPSED: PREGNANT WOMEN IN THE POST-ROE ERA 17 Drexel Law Review 613 (2025) In Dobbs v. Jackson Women's Health Organization, the United States Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey and authorized states to ban abortion and force pregnant women to carry a pregnancy to term. However, Dobbs is not just about abortion. By expressly recognizing the state's interest in respect for and preservation... 2025  
Makai Zuniga ECONOMIC DEVELOPMENT FOR NATIVE NEVADA: HOW INDIAN GAMING CAN FURTHER TRIBAL SELF-DETERMINATION 15 UNLV Gaming Law Journal 309 (Spring, 2025) Indigenous Peoples in Nevada can trace their lineage to the Great Basin region from time immemorial through their oral histories and creation stories. Using Western metrics of carbon dating, the oldest known petroglyphs in North America are found in Nevada and are approximately 15,000 years old. The oldest human mummy in North America is also found... 2025  
Tola Myczkowska ECONOMIC OPPORTUNITY AND THE LAW: STRATEGIES FOR CLOSING THE RACIAL WEALTH GAP IN THE SUPREME COURT'S "POST-RACIST" AMERICA 57 Suffolk University Law Review 653 (2025) In 1863, the Negro was freed from the bondage of physical slavery, but at the same time the nation refused to give him land to make that freedom meaningful. And at that same period America was giving millions of acres of land in the West and the Midwest, which meant that America was willing to undergird its white peasants from Europe with an... 2025  
Stacy E. Seicshnaydre ELIMINATING EXTRATEXTUAL EXEMPTIONS FROM THE FAIR HOUSING ACT 57 Connecticut Law Review 1109 (May, 2025) The Supreme Court has held that the language of the Fair Housing Act (FHA) is broad and inclusive, and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an... 2025  
Elizabeth Elia EMBRACE THE SUCK: WHY STATES AND LOCALITIES SHOULD USE PROPERTY RIGHTS TO FIX BROKEN HOUSING VOUCHER PROGRAMS 28 Lewis & Clark Law Review 657 (2025) The largest federal affordable housing program is an income supplement program called Housing Choice Vouchers (formerly Section 8). When a low-income person has a housing voucher, they find and rent privately owned, market-rate housing. The tenant pays a portion of the rent, and the federal Department of Housing and Urban Development pays the rest... 2025  
Goldburn P. Maynard Jr. ENFORCED COLORBLINDNESS 81 Washington and Lee Law Review 1749 (2025) The time for race consciousness is over, and the era of enforced colorblindness is upon us. The dawn of this new age is troubling because it closes the door on effective strategies to achieve racial justice, including efforts to grant federal reparations. This Article analyzes the areas in which courts have invalidated race-conscious measures, with... 2025  
Shelly Taylor Page, Patricia A. Broussard ENVIRONMENTAL RACISM IN AMERICA: MINORITY COMMUNITIES AS DUMPING GROUNDS FOR ENVIRONMENTAL WASTE 49 Southern Illinois University Law Journal 199 (Winter, 2025) Environmental racism is a disturbing issue affecting Communities of Color and individuals living in poverty alike. Global warming and governmental policies disproportionately affect individuals within the groups mentioned above. This stark imbalance raises serious ethical concerns that must be addressed to ensure the well-being of all citizens.... 2025 Yes
Leslie E. Wolf , Laura M. Beskow EQUAL RIGHTS AND PROTECTIONS IN HUMAN SUBJECTS RESEARCH: A CALL TO ACTION 28 Journal of Health Care Law and Policy 102 (2025) The COVID-19 pandemic provided a stark reminder of the critical role of biomedical research in saving human lives. It also highlighted an urgent need for research that expands the evidence base in ways that reduce health disparities and promote equity. But the inclusive research needed to achieve these goals may be hampered by the fact that efforts... 2025  
Neoshia R. Roemer EQUITY FOR AMERICAN INDIAN FAMILIES 109 Minnesota Law Review 1713 (April, 2025) For the better part of two centuries, the cornerstone of federal Indian policy was destabilizing and eradicating tribal governments. In the process, federal Indian policy also dismantled American Indian families via child removal. Attempting to equalize American Indians through the practice of assimilation, decades of Indian child removal policies... 2025  
Aissatou Barry EVICTING EVICTIONS 53 Fordham Urban Law Journal 97 (October, 2025) Housing courts need a renovation. Referred to more commonly as eviction courts, they have gone from a forum where tenants and landlords resolve lease and habitability disputes to a graveyard for housing security. In nonpayment proceedings, during which landlords seek to recover unpaid rent, the lack of remedies available to low-income tenants... 2025  
Deborah N. Archer , Daniel S. Harawa FALSE CRIMINALIZATION AND THE EROSION OF COMMUNITY EQUITY 103 North Carolina Law Review 1347 (June, 2025) The ever-expanding yet increasingly amorphous nature of criminal records is a driver of inequity in America. Criminal records are a significant barrier to community participation. They impact whether you can vote or serve on a jury, where you can live, and if you can work. And as criminal records become more easily accessible (yet less readily... 2025  
Anna Arons FAMILY REGULATION'S CONSENT PROBLEM 125 Columbia Law Review 769 (May, 2025) The home is the most protected space in constitutional law. But family regulation investigators conduct millions of home searches a year. Under pressure, parents nearly always consent to these state agents' entry into the most private areas of their lives. This Article identifies the coercive forces--not least the threat of family separation--that... 2025  
Mandy Mericle FEEDING THE FIRE: THE FEEDBACK LOOP CREATED BY MASS INCARCERATION AND CLIMATE CHANGE AND WHY ABOLITION IS THE ONLY WAY TO A STABLE CLIMATE 5 North Carolina Civil Rights Law Review 151 (Spring, 2025) Introduction. 152 I. The Prison System's Contribution to Climate Change. 156 A. Fossil Fuel Emissions and other Pollutants Created in Building and Maintaining Prison Facilities. 157 B. Prisons Create a Captive Class of Consumers. 160 C. Use of Incarcerated Workers as Low-Cost Labor. 164 II. Rising Temperatures and Unconstitutional Conditions of... 2025  
Manisha Padi FINANCIAL REGULATION AND THE NEW SOCIAL SAFETY NET 20 Harvard Law & Policy Review 253 (Summer, 2025) The traditional social safety net takes the form of direct government benefits like the earned income tax credit (EITC) and Medicaid. Access to benefits is explicitly limited by income and requires significant documentation, which limits access to the needy. Despite the success of these programs over the past fifty years, however, inequality has... 2025  
Shirin Sinnar FLOODING THE COURTS: MASS DEFENSE STRATEGIES FOR SYSTEMIC REFORM 21 Stanford Journal of Civil Rights & Civil Liberties 148 (August, 2025) Despite the notion that everyone should have their day in court, the mass processing of evictions, consumer debt cases, foreclosures, and certain immigration cases depends on widespread acquiescence. Most people subject to these legal cases do not mount a vigorous legal defense--and often default entirely--despite the significant stakes involved.... 2025  
Andy J. Carr FREE SPEECH AND ANTI-DEMOCRATIC VIOLENCE 31 Washington and Lee Journal of Civil Rights and Social Justice 1 (Winter, 2025) The resurgence of far-right extremist groups--like sovereign militias, white supremacists, and avowedly fascist gangs--has exposed the First Amendment's vulnerabilities to the leaderless resistance model of extremist organizing. This model, first popularized by white supremacist Louis Beam, specifically aims to insulate extremist leaders from... 2025  
Joseph Kim FROM FREEDOM SCHOOLS TO FREEDOM: A NEW VISION OF DESEGREGATION 37 Journal of Civil Rights & Economic Development 181 (Summer, 2025) In 2021 in Traverse City, Michigan, 16-year-old Nevaeh Wharton and other Black students at her high school discovered that a group of her peers in high school had held a mock slave auction trading her and other Black students for money. Those same students simultaneously shared violently racist and anti-Black messages demonstrating a casual,... 2025  
Bojan Perovic FROM STALEMATE TO SOLUTIONS: RETHINKING INTERCOUNTRY ADOPTION THROUGH VULNERABILITY THEORY AND TECHNOLOGICAL INNOVATION 94 Mississippi Law Journal 923 (2025) Introduction. 925 I. Intercountry Adoption: Historical Overview and Contemporary Context. 927 A. Foundations of Intercountry Adoption. 927 B. Korean War and Shift to Developing Nations. 928 C. Increased Responsiveness to Global Crises. 930 D. The Shift Towards Market-Driven Practices and the Emergence of Legal and Ethical Challenges. 932 E. Global... 2025  
Robert G. Schwemm GILEAD: MUNICIPAL LIABILITY FOR PUNITIVE DAMAGES UNDER THE FAIR HOUSING ACT 57 Connecticut Law Review 1053 (May, 2025) The 1968 Fair Housing Act (FHA) has always been understood to apply to local governments, which have proved to be among the most frequent and significant violators of this law, especially in their opposition to housing of particular value to racial minorities and persons with disabilities. Yet not until the Second Circuit's decision last year in... 2025  
Skyler Ligon GIVING CREDIT WHEN YOU ARE DUE: TAX CREDITS FOR BIRTH MOTHERS POST-DOBBS 102 Washington University Law Review 923 (2025) Pregnancy is extremely dangerous for women. Maternal mortality rates are tragically high in the United States, and women of color have the greatest risk of death or other complications during and after pregnancy. Although some legislation aims to provide assistance to women with children--such as the Child Tax Credit and the Earned Income Tax... 2025  
Chrystal Clodomir HAPPY BELATED IEP: HOW A NOTICE OF PROCEDURAL SAFEGUARDS FAILS CHILDREN WITH SPECIFIC LEARNING DISABILITIES 113 Kentucky Law Journal 607 (2024-2025) Introduction. 609 I. IDEA Basic Principles. 618 A. Due Process under the IDEA. 618 B. Child Find. 620 C. Notice of Procedural Safeguards. 624 D. Response to Intervention. 625 II. Access Barriers of the Past: A Spectrum of School Exclusion. 626 A. Federal Courts and School Exclusions: Pre-Brown v. Board of Education. 627 B. Brown. 628 C. Park and... 2025  
Norrinda Brown HEAT CAMPS: JUVENILE CURFEWS, EXTREME HEAT & THE EIGHTH AMENDMENT 82 Washington and Lee Law Review 969 (Summer, 2025) For decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local... 2025  
G. Alex Sinha , Janani Umamaheswar HIDDEN TAKINGS AND THE COMMUNAL BURDEN OF PUNISHMENT 60 Harvard Civil Rights-Civil Liberties Law Review 517 (Spring, 2025) Legal scholars devote significant attention to the plight of incarcerated people, and they increasingly extend their focus to confront the social implications of incarceration for those outside the system. This Article goes further still: it argues that harsh conditions of confinement in the American criminal legal system may violate the... 2025  
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