Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Barry E. Hill |
CHEVRON'S DEMISE AND ENVIRONMENTAL JUSTICE |
54 Environmental Law Reporter (ELI) 10933 (November, 2024) |
The Supreme Court of the United States has had at various times a troubling history in American jurisprudence. Among other things, the Court infamously defended the institution of slavery, holding that African Americans, whether freed men or slaves, could not be considered citizens, and could not enjoy the rights and privileges the U.S.... |
2024 |
|
Diane Marie Amann |
CHILD-TAKING |
45 Michigan Journal of International Law 305 (2024) |
A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on... |
2024 |
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Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
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Christopher R. Green |
CITIZENSHIP AND SOLICITUDE: HOW TO OVERRULE EMPLOYMENT DIVISION v. SMITH AND WASHINGTON v. DAVIS |
47 Harvard Journal of Law & Public Policy 465 (Spring, 2024) |
This article looks to the original meaning of the Fourteenth Amendment's provisions on equal citizenship to defend an approach to the free exercise of religion distinct both from Employment Division v. Smith and the Sherbert-Yoder regime it replaced. Members of all religious groups are equally citizens: in the first Justice Harlan's words in The... |
2024 |
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Elizabeth Beairsto |
CLEAN ENERGY AND JUSTICE FOR ALL: THE FEDERAL GOVERNMENT'S INFLUENCE ON STATE ENERGY JUSTICE LEGISLATION |
25 Vermont Journal of Environmental Law 307 (Spring, 2024) |
INTRODUCTION. 308 I. BACKGROUND. 310 A. The Energy Trilemma. 311 1. Energy Security. 312 2. Energy Affordability. 314 3. Environmental Sustainability. 315 B. The Just Transition. 317 1. Recognition Justice. 317 2. Procedural Justice. 318 3. Distributive Justice. 319 4. Restorative Justice. 320 II. FEDERAL FOUNDATIONS FOR THE ENERGY TRANSITION. 321... |
2024 |
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Valerie J. Watnick |
CLIMATE CHANGE, MARGINALIZED COMMUNITIES, AND PANDEMICS: A NEW PARADIGM FOR TRANSFORMING INDUSTRIAL ANIMAL AGRICULTURE THROUGH ESG |
54 Environmental Law 381 (Spring, 2024) |
Within the current legal landscape, this Article makes the business case for more environmentally and socially sustainable animal agriculture by large corporate entities. First, the Article details the negative externalities associated with industrialized animal farming operations, including high levels of greenhouse gas emissions as well as... |
2024 |
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Barry E. Hill, Emily Bergeron |
CLIMATE JUSTICE LITIGATION IN THE UNITED STATES--A PRIMER |
54 Environmental Law Reporter (ELI) 10307 (April, 2024) |
Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt... |
2024 |
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Deanna S. Newton |
CLOSING THE OPPORTUNITY GAP |
102 North Carolina Law Review 1159 (May, 2024) |
Opportunity Zones are low-income areas or economically distressed communities in the United States. The Opportunity Zone program encourages investment in low-income areas or economically distressed communities by offering investors tax benefits. Scholars have found little evidence that Opportunity Zones positively impact zone residents' lives,... |
2024 |
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Madison M. Schettler |
CLOSING THE RENTER-SIZED GAP IN THE INFLATION REDUCTION ACT: HOW HOUSING POLICY CAN HELP CLIMATE LEGISLATION ACHIEVE ENVIRONMENTAL JUSTICE |
56 Connecticut Law Review 605 (January, 2024) |
The passage of the Inflation Reduction Act (IRA) in August 2022 was an important step forward in American climate policy. The Act is essential to the United States' goal of effective climate change mitigation efforts, and other countries have even begun to use it as a model for climate mitigation. The Inflation Reduction Act (IRA) provides the... |
2024 |
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Lucy Johnston-Walsh |
COLLEGE FOR FREE, BUT AT WHAT COST? |
103 Oregon Law Review 175 (2024) |
Abstract. 176 Introduction. 176 I. Legal Framework for Supporting Older Youth Involved in Juvenile Court. 179 A. Overview of the Family Regulation System and Racial Disparity. 179 B. Laws Specifically Addressing Older Youth and Transition to Adulthood. 182 1. Historic Termination of Support at Age Eighteen. 182 2. Extension of Support Beyond Age... |
2024 |
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John V. Jacobi |
COMMUNITY HEALTH WORKERS AND THE DILEMMA OF INTEGRATED CARE |
23 Houston Journal of Health Law & Policy 145 (2024) |
Abstract. 146 Introduction. 147 I. Who are CHWs, and what do they do?. 149 II. Closing gaps for the underserved: use of CHWs in whole-person care delivery. 154 III. Resolving roles: CHWs in and of the community or the health system. 158 A. Helping whom? Sticking with the community and independence. 159 B. Avoiding medicalization of poverty. 163 IV.... |
2024 |
Yes |
Andrew Elmore |
CONFRONTING STRUCTURAL INEQUALITY IN STATE LABOR LAW |
83 Maryland Law Review 1192 (2024) |
Low-wage workers face a structural problem in seeking to improve their work standards: While companies have substantial labor market power to impose work terms and conditions, workers require affirmative state support to collectively press their workplace demands. But their employers can mobilize private capital and property rights, often with... |
2024 |
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David. B. Owens |
CONSENT SEARCHES AS POLICE VIOLENCE |
85 Ohio State Law Journal Online 76 (2024) |
C1-2Table of Contents I. Introduction. 1 A. Consent Searches Must Be Understood in Context of the Spectacle of Police Violence. 2 B. Requests for Consent Are an Expression of Authority (Backed with a Threat of Violence). Can They Ever Be Voluntary?. 8 II. A Proposed Solution: Keep Consent but Make it a Jury Question?. 10 III. Conclusion. 12 |
2024 |
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Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
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Masami T. Kanegae |
COULD WE ACE LAW SCHOOL ADMISSIONS? |
48 Journal of the Legal Profession 233 (2024) |
If law school teaches one thing, it is it depends. This lesson applies just as strongly to law school admissions, where the criteria for admission may depend on any combination of complex factors (such as standardized test scores, GPA, writing samples, extracurriculars, work history, legacy status, or personal narratives, just to name a few).... |
2024 |
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Shavonnie R. Carthens |
COVID-19 AND ACCESS TO HEALTHCARE AT THE CROSSING OF RACE, POVERTY, AND RURALITY |
38 Journal of Law and Health 145 (10/31/2024) |
Abstract: Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from... |
2024 |
Yes |
Benjamin Levin |
CRIMINAL LAW MINIMALISMS |
101 Washington University Law Review 1771 (2024) |
L1-2Table of Contents Introduction. 1772 I. What Should Minimalists Minimize?. 1777 A. The Number of Substantive Criminal Laws. 1779 B. The Reach of Substantive Criminal Law. 1780 C. Carceral Punishment. 1783 D. Policing. 1785 E. Social Control. 1786 F. Structural Inequality. 1788 G. Cultural Tendencies. 1789 II. How Much Should Minimalists... |
2024 |
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Yael Cohen-Rimer |
CRIMINISTRATIVE LAW: DATA-COLLECTION, SURVEILLANCE, AND THE INDIVIDUALIZATION PROJECT IN U.S. CHILD WELFARE LAW |
44 Columbia Journal of Gender and Law 500 (Spring, 2024) |
Textual analyses of child welfare laws, joined by extensive textual and legal analyses of case law, reveal how the dance between the administrative and the criminal in child protective services (CPS) is rooted in the individualized perception of poverty. This individualization, which forms the bedrock of the capitalist American welfare state,... |
2024 |
Yes |
Margaret Hu |
CRITICAL DATA THEORY |
65 William and Mary Law Review 839 (March, 2024) |
Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with... |
2024 |
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S. Lisa Washington |
CRITICAL FAMILY REGULATION SCHOLARSHIP |
2024 Wisconsin Law Review 1559 (2024) |
Family law scholarship is increasingly reflective of the state's centrality in the lives of marginalized families. One way this shift has taken place is through a focus on the family regulation system. As increased attention is directed towards this system, two competing narratives have emerged. The mainstream narrative describes the family... |
2024 |
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Kathleen Kim , Kevin Lapp , Jennifer J. Lee |
CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1515 (October, 2024) |
U.S. immigration law has always been a place for Americans to enact their many prejudices. Often, it edifies norms that exclude and subordinate noncitizens due to their race, gender, or socioeconomic status. As a result, immigration law and policy create great human suffering through actions such as separating families, excluding refugees, and... |
2024 |
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Naomi Grace “Gigi” Hodo Walker , Brian Flaherty |
CUING SAFETY IN THE LAW SCHOOL CLASSROOM: USING A POLYVAGAL THEORY FRAMEWORK IN SUPPORT OF TRAUMA-INFORMED TEACHING PRACTICES |
53 Journal of Law and Education 85 (Spring, 2024) |
The past few decades have seen a welcomed focus on Trauma-informed education. This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma. While the original study focused on outcomes such as chronic health problems, incarceration, and... |
2024 |
|
Mark Dorosin |
CUMMING v. RICHMOND COUNTY BOARD OF EDUCATION: THE GREAT DISSENTER'S GREAT BETRAYAL |
62 Duquesne Law Review 241 (Summer, 2024) |
1. The Road to the Bench. 242 2. The Great Dissenter. 244 a. The Civil Rights Cases. 244 b. Plessy v. Ferguson. 249 3. Cumming v. Richmond County Board of Education. 251 a. The Origin Story. 253 b. Harlan's Opinion. 255 c. Some Early Impacts. 258 4. The Continuing Legacy of Cumming. 262 5. Concluding Thoughts. 270 |
2024 |
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Ilan Friedmann-Grunstein |
CURING TERRY'S COLORBLINDNESS |
76 Oklahoma Law Review 1025 (Summer, 2024) |
Scholars, policymakers, and advocates have long bemoaned the Supreme Court's colorblind Fourth Amendment jurisprudence. The Court has alternatively ignored or condoned racially discriminatory searches and seizures, allowing government agents to engage in widespread racial profiling. Proposed reforms have typically focused on doctrinal solutions... |
2024 |
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Melodi H. Dinçer |
DATA JUSTICE READINESS: AN ABOLITIONIST FRAMEWORK FOR TECH CLINIC INTAKE |
31 Clinical Law Review 153 (Fall, 2024) |
Within two decades, the tech industry has turned most of modern life into a real-time data stream, reducing human beings into trackable datasets. Gaps in government services--including benefits administration, education, transportation, and public health--have created new market opportunities for tech companies to profit off product solutions that... |
2024 |
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Kate Sablosky Elengold |
DEBT, RACE, AND PHYSICAL MOBILITY |
112 California Law Review 833 (June, 2024) |
Residents in every state in the United States can lose their driver's license or car registration because they owe debt to the state. At least eleven million people across the United States suffer these debt-based driving restrictions at any given time. Because Americans overwhelmingly rely on personal automobiles for transportation, states, by... |
2024 |
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Deirdre Pfeiffer , Xiaoqian Hu |
DECONSTRUCTING RACIAL CODE WORDS |
58 Law and Society Review 294 (June, 2024) |
Racism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what colorblind race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse--racial code words, which are (1) indirect signifiers of racial... |
2024 |
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Daniel Kees |
DEFANGING DIVERSITY: SFFA v. HARVARD AND ITS IMPLICATIONS FOR THE DIVERSITY RATIONALE IN HIGHER EDUCATION ADMISSIONS |
14 Columbia Journal of Race and Law 1023 (August, 2024) |
They don't want to realize that there is not one step, morally or actually, between Birmingham and Los Angeles. - James Baldwin, I Am Not Your Negro (2017) This article explores the jurisprudential underpinnings of the so-called diversity rationale that until recently had been considered a powerful vehicle for fostering racial diversity on elite... |
2024 |
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Jack Jones |
DEFENDING RACE-CONSCIOUS POLICY: NEW YORK STATE'S CRITERIA FOR IDENTIFYING DISADVANTAGED COMMUNITIES |
49 Columbia Journal of Environmental Law 425 (2024) |
Beginning in the 1980s, a coalition of community groups, activists, and non-profits loosely referred to as the environmental justice movement campaigned to draw awareness to the disproportionate distribution of environmental burdens to low-income communities of color. These burdens cause severely negative health impacts, reduce property values... |
2024 |
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Joshua D. Blank , Leigh Osofsky |
DEMOCRATIC ACCOUNTABILITY AND TAX ENFORCEMENT |
61 Harvard Journal on Legislation 251 (Summer, 2024) |
One of the most powerful charges that can be leveled against the IRS is that it is targeting taxpayers. Charges of political targeting have dogged the IRS for over a century, including in major controversies such as the alleged Tea Party auditing scandal in 2013. Commentators and scholars have long critiqued the IRS for focusing audit resources on... |
2024 |
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William Boyd |
DE-RISKING ENVIRONMENTAL LAW |
48 Harvard Environmental Law Review 153 (2024) |
Over the last forty years, risk assessment has come to provide the foundation for EPA's major regulatory programs on toxic chemicals, pollution, and hazardous waste--a development that seems quite natural, even necessary. The standard view holds that risk assessment is a largely technical, scientific exercise that provides the basic facts needed... |
2024 |
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Ingrid Eagly , Steven Shafer |
DETAINED IMMIGRATION COURTS |
110 Virginia Law Review 691 (May, 2024) |
This Article traces the modern development and institutional design of detained immigration courts--that is, the courts that tie detention to deportation. Since the early 1980s, judges in detained immigration courts have presided over more than 3.6 million court cases of persons held in immigration custody, almost all men from Latin America, most... |
2024 |
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Robyn M. Powell |
DISABLING ABORTION BANS |
58 U.C. Davis Law Review 1091 (December, 2024) |
In the aftermath of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, states have rushed to enact restrictive abortion bans, often with vague and narrow health exceptions that disproportionately endanger the lives and well-being of people with disabilities. This Article argues that focusing on the disproportionate impact... |
2024 |
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Sarah H. Lorr |
DISABLING FAMILIES |
76 Stanford Law Review 1255 (June, 2024) |
Abstract. The family regulation system is increasingly notorious for harming the very families that it ostensibly aims to protect. Under the guise of advancing child welfare, Black, Brown, Native, and poor families are disproportionately surveilled, judged, and separated. Discrimination and ingrained prejudices against disabled parents render their... |
2024 |
Yes |
Jennifer L. Brinkley |
DISCRIMINATION AND BARRIERS: ABORTION ACCESS FOR DISABLED INDIVIDUALS AFTER DOBBS |
77 Oklahoma Law Review 53 (Autumn, 2024) |
Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey in 2022. Since then, fourteen states have banned abortion, with other states shortening gestational limits on abortion procedures. Federal legislation has been introduced to try to mitigate state restrictions regarding abortion, but it has stalled in... |
2024 |
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Katrina Quisumbing King |
DISMANTLING RIGHTS: FORTHCOMING INDEPENDENCE AND THE REVOCATION OF US MILITARY BENEFITS FROM FILIPINO WWII VETERANS |
49 Law and Social Inquiry 1004 (May, 2024) |
This article explores the plasticity of rights by examining how the US government promised and revoked naturalization rights and military benefits from Filipino colonial soldiers who served on behalf of the United States in World War II. Rarely have legal scholars of the US military, citizenship, and the welfare state addressed the rights of... |
2024 |
Yes |
Nicole Tuchinda |
DISPROPORTIONATE SCHOOL BRUTALITY UPON BLACK CHILDREN |
112 Kentucky Law Journal 113 (2023-2024) |
Table of Contents. 113 Abstract. 114 Introduction. 114 I. The Harmful Disproportionality of School Brutality Upon Black Children. 122 A. The General Harm of School Brutality. 122 B. Statistics on the Disproportionality. 125 C. The Racial Health Injustice. 130 II. Understanding the Disproportionality. 132 A. The Legacy of Slavery. 133 B. The Legacy... |
2024 |
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Josh Gupta-Kagan |
DISTINGUISHING FAMILY POVERTY FROM CHILD NEGLECT |
109 Iowa Law Review 1541 (May, 2024) |
ABSTRACT: Family courts and child protective services (CPS) agencies surveil, regulate, and separate hundreds of thousands of families for neglect annually. These families are overwhelmingly poor, and the history of this legal system reveals an expectation, if not an intention, to intervene in poor families. This raises the question whether... |
2024 |
Yes |
Evelyn Lia Malavé |
DISTORTED NARRATIVES IN THE TREATMENT PROGRAM COMPLEX |
93 Fordham Law Review 843 (December, 2024) |
Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants' involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the treatment program complex have tended to focus on how... |
2024 |
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Trey Wilkins-Luton |
DO RE MI: WORKERS' INCLUSION IN ENVIRONMENTAL JUSTICE |
54 Environmental Law 461 (Spring, 2024) |
As environmental justice gains momentum in the United States, scholars and advocates alike have considered how environmental justice interacts with different groups and interests across different social dimensions. The recent broadening of the environmental justice movement has, however, generally overlooked labor considerations. Workers deserve... |
2024 |
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Allison M. Whelan |
DOBBS AND THE DESTABILIZATION OF CLINICAL TRIALS |
77 Vanderbilt Law Review 1381 (October, 2024) |
This Article explores an important yet overlooked collateral consequence of the U.S. Supreme Court's elimination of the constitutional right to abortion in Dobbs v. Jackson Women's Health Organization: the destabilization of clinical research. Specifically, this Article focuses on the harms to pregnant persons, persons capable of pregnancy, and... |
2024 |
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Thomas W. Simon |
DOES BLACK LEGAL THEORY MATTER? CRITICAL RACE THEORY AND A REVIVED RADICALISM |
18 Southern Journal of Policy and Justice 137 (May, 2024) |
C1-2Contents A. Introduction. 139 B. Alternative Histories. 141 C. Theory. 156 D. Methods. 160 E. Liberal Diversions. 168 F. Intersectionality. 195 G. Radical CRT. 209 H. Conclusion. 212 |
2024 |
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Sean A. Hill II |
DRUG CRIMES: THE CASE FOR ABOLITION |
21 Ohio State Journal of Criminal Law 177 (September, 2024) |
Nonwhite communities experience higher rates of arrest, prosecution, and incarceration than white communities for drug offenses, and these disparities have persisted even in the wake of decriminalization and legalization. Although a diverse array of political stakeholders increasingly agree that drug policies should be reformed, they are nearly... |
2024 |
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Paula C. Johnson |
EDUCATION ACCESS & OPPORTUNITY: AN INTRODUCTION |
74 Syracuse Law Review 885 (2024) |
Introduction. 886 I. Overview of Panels. 888 II. Synopsis of Issues Raised by the Symposium. 890 A. Students for Fair Admissions and Related Cases. 891 B. K-12 Racial Content Restrictions. 894 C. Student Debt Relief Under Biden v. Nebraska. 896 III. Overview of the Articles in this Issue. 899 A. Jonathan D. Glater, Doctrinal Siege: Higher Education... |
2024 |
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Seth E. Packrone |
EDUCATIONAL DEATH SENTENCES: ADDRESSING THE PLIGHT OF STUDENTS WITH DISABILITIES IN ADULT JAILS AND PRISONS |
59 Harvard Civil Rights-Civil Liberties Law Review 103 (Winter, 2024) |
This Article examines barriers to and strategies for enforcing the rights of students with disabilities in adult jails and prisons. The carceral system often functions as a pressure valve for the public education system. When students with disabilities get in trouble at school or in the community, schools routinely force them out of school and into... |
2024 |
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Amanda Agan, Sonja Starr |
EMPLOYERS' NEIGHBORHOODS AND RACIAL DISCRIMINATION |
53 Journal of Legal Studies 115 (January, 2024) |
Using a field experiment, we show that the racial composition of employers' neighborhoods predicts discrimination patterns in a direction suggesting in-group bias. Second, building on prior work on ban-the-box laws, we show that employers in less-Black neighborhoods appear much likelier to stereotype Black applicants as potentially criminal when... |
2024 |
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Valarie K. Blake , Elizabeth Y. McCuskey |
EMPLOYER-SPONSORED REPRODUCTION |
124 Columbia Law Review 273 (March, 2024) |
This Article interrogates the current and future role of employer-sponsored health insurance in reproductive autonomy, revealing the impact that employers' coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy. Over half of the population depends on employers for... |
2024 |
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John H. Knox , Nicole Tronolone |
ENVIRONMENTAL JUSTICE AS ENVIRONMENTAL HUMAN RIGHTS |
57 Vanderbilt Journal of Transnational Law 153 (January, 2024) |
For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways. First, it presents the... |
2024 |
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Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers |
ENVIRONMENTAL JUSTICE, RESILIENCE JUSTICE, AND WATERSHED PLANNING |
48 William and Mary Environmental Law and Policy Review 553 (Spring, 2024) |
Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an equity evolution: watershed planners have begun integrating environmental... |
2024 |
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Mitchell F. Crusto |
EQUALITY, MORALITY, & RELIGIOUS LIBERTY |
77 SMU Law Review Forum 219 (October, 2024) |
On June 29, 2023, the Supreme Court ruled that the use of a specific race-conscious tool in the admission decisions of public and private colleges to achieve diversity is unconstitutional. However, in his nuanced opinion, Chief Justice John Roberts seemed to renew the Court's commitment to the anti-discrimination vision of the Civil Rights Act of... |
2024 |
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