Jade A. Craig "PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH 40 Mississippi College Law Review 5 (2022) The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... 2022
Atiba R. Ellis "THIS LAWSUIT SMACKS OF RACISM": DISINFORMATION, RACIAL CODING, AND THE 2020 ELECTION 82 Louisiana Law Review 453 (Winter, 2022) C1-2Table of Contents I. Litigation, Insurrection, and the Epistemic Crisis of Voter Fraud. 453 II. The Epistemic Crisis of the 2020 Election. 459 III. Heuristics for Understanding the Rhetoric of Race and the 2020 Election. 465 A. Voting Realism. 467 B. Racial Coding. 469 1. Racial Coding, Profiling, and Stereotypes. 470 2. Police and Violence.... 2022
Paul A. Lombardo "WE WHO CHAMPION THE UNBORN": RACIAL POISONS, EUGENICS, AND THE CAMPAIGN FOR PROHIBITION 50 Journal of Law, Medicine & Ethics 124 (Spring, 2022) Keywords: Prohibition, Eugenics, Racial Poisons, W.J. Bryan, Caleb Saleeby Abstract: Dr. Caleb Williams Saleeby was the author of Parenthood and Race Culture, one of the first monographs on eugenics and the book that popularized the term racial poison. The goal of eradicating the racial poisons and the harm they caused--particularly infant... 2022
Aliza Hochman Bloom "WHAT HAS ALWAYS BEEN TRUE": THE WASHINGTON SUPREME COURT DECIDES THAT SEIZURE LAW MUST ACCOUNT FOR RACIAL DISPARITY IN POLICING 107 Minnesota Law Review Headnotes 1 (Fall, 2022) In June, the Washington Supreme Court held that courts must consider an individual's race as part of the totality of circumstances when determining whether that individual has been seized by a police officer. Like the Fourth Amendment of the U.S. Constitution, Washington's parallel constitutional provision requires that the determination be... 2022
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022
Tom I. Romero, II A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST 2022 Utah Law Review 751 (2022) Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... 2022
Doug Colbert, Colin Starger A BUTTERFLY IN COVID: STRUCTURAL RACISM AND BALTIMORE'S PRETRIAL LEGAL SYSTEM 82 Maryland Law Review 1 (2022) Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore's pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful... 2022
Cynthia J. Najdowski , Margaret C. Stevenson A CALL TO DISMANTLE SYSTEMIC RACISM IN CRIMINAL LEGAL SYSTEMS 46 Law and Human Behavior 398 (December, 2022) Objectives: In October 2021, the American Psychological Association (APA) passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. In the present report, developed to inform APA's policy resolution, we detail the scope of the problem and offer recommendations for policy makers and... 2022
Kara Hartzler A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE 37 Maryland Journal of International Law 1 (2022) Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... 2022
Matthew Barreto, Michael Cohen, Loren Collingwood, Chad W. Dunn, Sonni Waknin , UCLA Voting Rights Project A NOVEL METHOD FOR SHOWING RACIALLY POLARIZED VOTING: BAYESIAN IMPROVED SURNAME GEOCODING 46 New York University Review of Law and Social Change 1 (2022) Section 2 of the Voting Rights Act is one of the most important tools for litigants challenging discriminatory voting procedures. The Supreme Court outlined the test governing vote dilution claims--which are claims that an electoral system, process, or procedure weakens a minority group's ability to elect candidates of their choice--under Section 2... 2022
Lizzy McEntire A PROPOSED SOLUTION TO THE KANSAS WAGE GAP: WHY SALARY HISTORY INQUIRIES PERPETUATE DISPARATE PAY ALONG RACIAL AND GENDER LINES 61 Washburn Law Journal 529 (Spring, 2022) One hundred years ago, the fight for women's equality culminated in the ratification of the Nineteenth Amendment, which granted American women the right to vote. But the fight for women's rights did not begin or end on August 18, 1920, when Tennessee became the necessary thirty-sixth state to ratify the amendment. This recent historic centennial,... 2022
Ellie Trebilcock A RACIAL JUSTICE PERSPECTIVE ON PRISON GERRYMANDERING IN MINNESOTA 15 University of St. Thomas Journal of Law & Public Policy 898 (April, 2022) Prison gerrymandering is the practice of counting incarcerated people in the location where they are imprisoned, rather than where they lived before being sentenced, for the purposes of drawing election district lines and determining the amount of federal funds to provide to programs in each district. Due to the disproportionate number of people of... 2022
Lauren A. Schaffer A STATUTORY ANALYSIS ON RACIALLY RESTRICTIVE COVENANTS 53 University of Toledo Law Review 351 (Spring, 2022) Covenants are an important tool in property law. A covenant that restricts a property owner's use of the property is referred to as a restrictive covenant. Restrictive covenants can bind a property owner to a promise as simple and innocent as requiring them to paint the house red, or as malignant and devastating as requiring that a property owner... 2022
Sarah Hopkins A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK 55 UIC Law Review 485 (Fall, 2022) I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... 2022
Catherine Bramble, Rory Bahadur ACTIVELY ACHIEVING GREATER RACIAL EQUITY IN LAW SCHOOL CLASSROOMS 70 Cleveland State Law Review 709 (2022) 2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and... 2022
Lindsay M. Farbent ADDRESSING THE DISPROPORTIONATE ADVERSE HEALTH EFFECTS AMONG BIPOC COMMUNITIES AS A RESULT OF ENVIRONMENTAL RACISM 12 Barry University Environmental and Earth Law Journal 100 (Summer, 2022) Around one in three (31%) of Black Americans, compared to only 9% of their white counterparts, reported personally knowing someone who has died from COVID-19. Black folks are thirty percent more likely to die prematurely from heart disease and twice as likely to die of a stroke as white folks. Black folks, Indigenous folks, and People of Color are... 2022
Bill Ong Hing ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS 9 Belmont Law Review 357 (Spring, 2022) Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... 2022
  ADMINISTRATIVE LAW--FAIR HOUSING ACT--EN BANC SECOND CIRCUIT IGNORES HUD REGULATION IN TENANT-ON-TENANT RACIAL HARASSMENT CASE.--FRANCIS v. KINGS PARK MANOR, INC., 992 F.3D 67 (2D CIR. 2021) 135 Harvard Law Review 2195 (June, 2022) Happiest is he . for whom there waits Comfort at home. --Johann Wolfgang von Goethe For many in the United States, the home offers neither rest nor repose. Complaints of housing discrimination--and particularly residential harassment-- are on the rise, with millions more cases estimated to be unreported. Under the Obama Administration, the... 2022
Moriah Mendicino AMERIKKKAN SCHOOLS: HOW ANTI-BLACK RACIAL INEQUITY IS PERPETUATED BY THE PUBLIC SCHOOL SYSTEM WITH HELP FROM MODERN COURTS 23 Rutgers Race & the Law Review 451 (2022) Somewhere in the dream - we had an epiphany. Now, we right the wrongs in history. I once stood at the head of a predominately Black American classroom as a white teacher facilitating a discussion with my students about their right to an education. I believed then, like so many, that children in America were Constitutionally entitled to such. A... 2022
Thalia González, Alexis Etow, Cesar De La Vega AN ANTIRACIST HEALTH EQUITY AGENDA FOR EDUCATION 50 Journal of Law, Medicine & Ethics 31 (Spring, 2022) Keywords: Education Law and Policy, School Discipline and Policing, Structural Discrimination, Racism is a Public Health Crisis, Social Determinants of Health, Antiracist Health Equity Agenda Abstract: With growing public health and health equity challenges brought to the forefront--following racialized health inequities resulting from COVID-19 and... 2022
Sidney S. Welch , Tricia “CK” Hoffler AN EPIDEMIC OF RACISM IN PEER REVIEW: KILLING ACCESS TO BLACK AND BROWN PHYSICIANS 16 Journal of Health & Life Sciences Law 42 (2022) ABSTRACT: Recently, the medical profession has experienced a significant increase in the number of adverse medical staff actions against physicians of color. This crisis is one of epidemic proportions and impact, threatening the economic, physical, and mental well-being of African American physicians and taking a corresponding toll on the health... 2022
L. Kate Mitchell, Maya K. Watson, Abigail Silva, Jessica L. Simpson AN INTER-PROFESSIONAL ANTIRACIST CURRICULUM IS PARAMOUNT TO ADDRESSING RACIAL HEALTH INEQUITIES 50 Journal of Law, Medicine & Ethics 109 (Spring, 2022) Keywords: Antiracism, Health, Equity, Curriculum, Interprofessional Abstract: Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life... 2022
Peter H. Huang ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY 16 FIU Law Review 669 (Spring, 2022) This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... 2022
Danielle M. Conway ANTIRACIST LAWYERING IN PRACTICE BEGINS WITH THE PRACTICE OF TEACHING AND LEARNING ANTIRACISM IN LAW SCHOOL 2022 Utah Law Review 723 (2022) I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal... 2022
Sophia Miller APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (QATAR v. U.A.E.), THE ICJ LIMITS THE APPLICABILITY OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF RACIAL DISCRIMINATION 30 Tulane Journal of International and Comparative Law 449 (Summer, 2022) I. Overview. 449 II. Background. 450 A. Jurisdictional Requirements for ICERD Claims. 450 B. Analyzing a Claim Under ICERD. 451 III. Court's Decision. 453 IV. Analysis. 456 V. Conclusion. 458 2022
Rohit Asirvatham, Michael D. Frakes ARE CONSTITUTIONAL RIGHTS ENOUGH? AN EMPIRICAL ASSESSMENT OF RACIAL BIAS IN POLICE STOPS 116 Northwestern University Law Review 1481 (2022) Abstract--This Article empirically tests the conventional wisdom that a permissive constitutional standard bearing on pretextual traffic stops--such as the one announced by the Supreme Court in Whren v. United States-- contributes to racial disparities in traffic stops. To gain empirical traction on this question, we look to state constitutional... 2022
Andrea A. Curcio, Alexis Martinez ARE DISCIPLINE CODE PROCEEDINGS ANOTHER EXAMPLE OF RACIAL DISPARITIES IN LEGAL EDUCATION? 22 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2022) Addressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems... 2022
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022
Sarah Schweitzer AT THE INTERSECTION OF RACE AND HEALTH: RACIAL DISPARITIES IN THE MATERNAL HEALTHCARE SYSTEM 20 Seattle Journal for Social Justice 745 (Spring, 2022) I almost died after giving birth to my daughter, Olympia. Yet I consider myself fortunate. While I had a pretty easy pregnancy, my daughter was born by emergency C-section after her heart rate dropped dramatically during contractions. The surgery went smoothly. Before I knew it, Olympia was in my arms. It was the most amazing feeling I've ever... 2022
Rebecca Yin BANS WITH NO BITE: WHY RACIAL PROFILING BANS ARE UNABLE TO CREATE RACIAL JUSTICE IN POLICING 43 Cardozo Law Review 1677 (April, 2022) C1-2Table of Contents Introduction. 1678 I. Background. 1681 A. A System Primed for Abuse. 1681 B. The Racial Profiling Problem. 1683 II. Analysis. 1686 A. Limitations of Traffic Stop Data. 1686 B. Traffic Stop Demographics. 1690 C. Self-Sabotaging Statutes. 1692 III. Possible Solutions. 1700 A. Legislative and Policy Reform. 1701 B. Judicial... 2022
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