Sarah Cole , Grande Lum , Craig McEwen , Nancy Rogers "FRAMING" IN PUBLIC INITIATIVES TO ADVANCE RACIAL EQUITY 38 Ohio State Journal on Dispute Resolution 255 (2023) I. Introduction II. Framing Choices A. Facilitative Mediation B. Community Policy Discussion C. Peacemaking/Restorative Processes D. Community Advocacy--Disruption E. Cognitive Aspects of Framing III. Framing Approaches at Various Stages of a Commission's Work: Finding Promising Ideas for Dealing with Framing Dilemmas A. The Planning Process,... 2023
Emerson Sykes "FREE SPEECH, ACADEMIC FREEDOM, AND RACIAL JUSTICE ON CAMPUS: AN ACLU LAWYER'S PERSPECTIVE" 20 Hastings Race and Poverty Law Journal 3 (Winter, 2023) Emerson is a senior staff attorney with the ACLU Speech, Privacy, and Technology Project where he focuses on First Amendment speech protections. From 2019-2020, he was host of At Liberty, the ACLU's weekly podcast. Emerson holds a J.D. from the New York University School of Law, where he was a Root-Tilden-Kern scholar for public interest law, and a... 2023
Carrie Pettus , Shelby D. Pederson , Elizabeth J. Curley , Annie Grier , Matthew W. Epperson , Leon Sawh "PEOPLE MAKE MISTAKES" STAKEHOLDERS AND PARTICIPANTS' PERCEPTIONS OF THE ACCEPTABILITY, APPROPRIATENESS, AND FEASIBILITY OF DIVERSION AND DEFERRED PROSECUTION PROGRAMS 29 Psychology, Public Policy, and Law 154 (May, 2023) Deferred prosecution programs (DPPs--also known as prosecutor-led diversion) are a type of diversion program that diverts individuals from traditional court proceedings to participate in specific program requirements in return for dismissal or expungement of their charge(s). Yet, there is no standardized DPP model applied across programs and... 2023
Katheryn Russell-Brown "THE STOP WOKE ACT": HB 7, RACE, AND FLORIDA'S 21ST CENTURY ANTI-LITERACY CAMPAIGN 47 New York University Review of Law and Social Change 338 (2023) Florida's Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7. With a particular focus on the law school... 2023
Kathryn Schumaker , Department of History, University of Oklahoma, Norman, OK, USA, Email: "UNLAWFUL INTIMACY": MIXED-RACE FAMILIES, MISCEGENATION LAW, AND THE LEGAL CULTURE OF PROGRESSIVE ERA MISSISSIPPI 41 Law and History Review 773 (November, 2023) This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys... 2023
Taylor Nicolas "WHO WAS YOUR GRANDFATHER ON YOUR MOTHER'S SIDE?" SEDUCTION, RACE, AND GENDER IN 1932 VIRGINIA 34 Yale Journal of Law & the Humanities 364 (2023) Was Dorothy Short Black? And, more importantly, did she know it? These questions, odd-sounding and perhaps unsettling to the contemporary reader, were the ones raised by Leonard Harry Wood in the hopes of avoiding incarceration for the crime of seduction. This Article looks closely at the story of Dorothy Short and Leonard Wood, their relationship,... 2023
Jackson Whetsel, Esq. (UN)CONSTITUTIONAL CARRY: HOW DRUG AND GUN LAWS CONSPIRE IN STAND YOUR GROUND STATES TO CREATE A DISARMED, SUBMISSIVE CLASS BASED ON RACE 53 University of Memphis Law Review 571 (Spring, 2023) Introduction. 572 I. Tennessee's Form of Constitutional Carry. 577 A. The Tennessee Law Creates an Exception to an Existing Prohibition. 578 B. The Tennessee Law Does Not Remove Any Existing Firearm Prohibitions. 580 C. The Tennessee Law Applies to The Intent to Go Armed. 584 II. How Did We Get Here? DC v. Heller and the Constitutional Basis... 2023
Sydney Baker , Kamar Y. Tazi , Emily Haney-Caron A CRITICAL DISCUSSION OF YOUTH MIRANDA WAIVERS, RACIAL INEQUITY, AND PROPOSED POLICY REFORMS 29 Psychology, Public Policy, and Law 320 (August, 2023) Courts often assume that youth and adult suspects are equally capable of making decisions about whether to talk to police officers--decisions that carry serious long-term consequences. In Miranda v. Arizona, the Supreme Court ruled that prior to custodial interrogation, police officers must remind suspects of their rights to silence and legal... 2023
Monika Batra Kashyap A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS 38 Berkeley Journal of Gender, Law & Justice 52 (2023) This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... 2023
James A. Gross A NEW DEAL FOR A RIGHT TO WORK: CONFRONTING RACISM AND INEQUALITY IN THE U.S. 25 Scholar: St. Mary's Law Review on Race and Social Justice 245 (2023) Introduction. 246 I. A Right to Work in the United States. 254 A. From Slavery to New Deal. 256 B. The National Resources Planning Board. 258 C. FDR's Economic Bill of Rights and the 1945 Full Employment Bill. 260 II. Race and Work. 262 A. Fair Employment Practices Committee. 262 B. Brown v. Board of Education: Civil Not Economic Rights. 265 C.... 2023
Henry Goldberg A PROMISE DEFERRED: AN EXAMINATION OF ACCESSIBILITY'S INTERSECTION WITH RACE/ETHNICITY IN THE PHILADELPHIA TRANSIT SYSTEM AND THE NEW YORK CITY SUBWAY 54 Columbia Human Rights Law Review 780 (Spring, 2023) Over thirty years after the passage of the Americans with Disabilities Act, Philadelphia's rail and trolley networks and New York City's subway system are still terrible for accessibility. In New York, a mere 24-28% of stations are accessible. For people with disabilities--particularly mobility disabilities-- this makes the accessible parts of the... 2023
Livia Stahle A PUBLIC BANKING OPTION AS A VIABLE SOLUTION TO COUNTER THE RACIAL ECONOMIC INEQUALITY PERPETUATED BY PREDATORY OVERDRAFT FEE SCHEMES 27 U.C. Davis Social Justice Law Review 163 (Summer, 2023) C1-2Table of Contents Introduction. 165 I. Corporate Reliance on Exploitative Overdraft Practices and the Harm to Low-Income Individuals and People of Color. 169 A. The Emergence of Megabanks and Overdraft Fees as a Profit Machine. 170 B. Deceptive Practices. 173 1. Unreasonable Fees. 174 2. Multiple Fees Per Day and Sustained Overdraft Fees. 175... 2023
Steven A. Ramirez A VISION OF THE ANTI-RACIST PUBLIC CORPORATION 91 University of Cincinnati Law Review 828 (2023) In recent years, the law has concentrated further economic and political power within the publicly traded corporation. Even before these legal renovations, expert observers suggested that the legal frameworks governing the public firm permitted management sufficient legal autonomy to overcompensate themselves and to create governance structures... 2023
Elizabeth Tobin-Tyler ABORTION RIGHTS AND THE CHILD WELFARE SYSTEM: HOW DOBBS EXACERBATES EXISTING RACIAL INEQUITIES AND FURTHER TRAUMATIZES BLACK FAMILIES 51 Journal of Law, Medicine & Ethics 575 (Fall, 2023) Keywords: Dobbs v. Jackson Women's Health, Abortion Bans, Child Welfare System, Racial Inequities Abstract: This article explores how abortion bans in states with large Black populations will exacerbate existing racial inequities in those states' child welfare systems. In Dobbs v. Jackson Women's Health Organization, the Supreme Court returned to... 2023
Rana L. Freeman ADMISSIONS DENIED: THE EFFECTS ON CORPORATE AMERICA JOBS IF RACE IS EXCLUDED AS A FACTOR IN UNIVERSITY ADMISSIONS 50 Southern University Law Review 111 (Spring, 2023) The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth out of a multitude of tongues, [rather] than through any kind of authoritative selection. It is the year 2030, and race is no longer considered a factor in a university's admissions process. She braced herself. She has... 2023
Yael Zakai Cannon, Vida Johnson ADVANCING RACIAL JUSTICE THROUGH CIVIL AND CRIMINAL ACADEMIC MEDICAL-LEGAL PARTNERSHIPS 30 Clinical Law Review 29 (Fall, 2023) The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave... 2023
Marcus Arvan, University of Tampa, ALLIES against OPPRESSION 26 Journal of Ethics & Social Philosophy 221 (December, 2023) Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). On the one hand, many feminists and critical race theorists criticize liberalism for inadequately addressing oppression. On the other, some contend that feminism and CRT conflict with liberal commitments to objectivity, fallibility, and pluralism. In response,... 2023
Matthew W. Finkin AN ACCOUNT OF THE DELIBERATIONS OF THE FACULTY COMMITTEE ON ACADEMIC FREEDOM AND UNACCEPTABLE SPEECH, MICHAEL BÉRUBÉ AND JENNIFER RUTH, IT'S NOT FREE SPEECH: RACE, DEMOCRACY, AND THE FUTURE OF ACADEMIC FREEDOM BALTIMORE: JOHNS HOPKINS UNIVERSITY PRESS, 20 51 Hofstra Law Review 477 (Spring, 2023) I. The Committee's Provenance and Charge. 477 II. The Report of the Subcommittee. 481 III. The Committee's Deliberations. 487 Draft No. 1. 487 Draft No. 2. 491 Draft No. 3. 493 Draft No. 4. 495 Final Draft. 501 V. Postscript. 502 2023
William Froehlich, Sara del Nido Budish, Jan Martinez, Cary McClelland, Neil McGaraghan, Carl Smallwood AN INTRODUCTION TO THE COLLABORATIVE SYMPOSIUM SERIES "RETHINKING SYSTEMS DESIGN FOR RACIAL JUSTICE & EQUITY" 38 Ohio State Journal on Dispute Resolution 1 (2023) In late 2020, the Divided Community Project (DCP), housed at The Ohio State University Michael E. Moritz College of Law's Program on Dispute Resolution, envisioned hosting a collaborative event series designed to draw together and elevate dispute systems design lessons for enhancing racial equity from US-based truth, reconciliation, action, and... 2023
  ANIMAL RIGHTS--UTILIZATION OF RACIAL PRECEDENT-- NEW YORK COURT OF APPEALS REJECTS EXTENDING WRIT OF HABEAS CORPUS TO ELEPHANT.--NONHUMAN RIGHTS PROJECT, INC., EX REL. HAPPY v. BREHENY, NO. 52, 2022 WL 2122141 (N.Y. JUNE 14, 2022), REARGUMENT DENIED, NO. 136 Harvard Law Review 1292 (February, 2023) Elephant is not the new Black. Happy, a fifty-one-year-old Asian elephant, is a longtime resident of the Bronx Zoo whose solitary confinement spurred legal advocates to petition for a writ of habeas corpus on her behalf. According to the Nonhuman Rights Project (the animal rights organization representing the pachyderm), refusing to recognize... 2023
E. Tendayi Achiume , Gay McDougall ANTI-RACISM AT THE UNITED NATIONS 117 AJIL Unbound 82 (2023) Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional... 2023
Jason D. Williamson ANTIRACIST PAROLE REFORM IS PAST DUE 48 Human Rights 4 (April, 2023) On January 18, 2023, as the New York legislative session got underway, hundreds of organizers, advocates, and concerned residents from across the state gathered in Albany to celebrate the homecomings and accomplishments of dozens of formerly incarcerated people who have been granted parole in recent years. The gathering, organized by the People's... 2023
Hiba Hafiz ANTITRUST AND RACE 100 Washington University Law Review 1471 (2023) Antitrust law regulates the consolidation and abuse of economic power. One of its core tasks is to ensure that market success is not rigged in favor of undeserving winners against excluded competitors at consumers' and workers' expense. But for their entire enforcement and doctrinal history, antitrust regulators and courts have built a legal... 2023
Maryam Asenuga AREN'T I A WOMAN DESERVING OF JUSTICE? RESTRUCTURING VAWA'S FUNDING STRUCTURE TO CREATE RACIAL AND GENDER EQUITY 13 Columbia Journal of Race and Law 853 (June, 2023) Because young Black women . are depicted not as frightened, pregnant adolescents who are . abused by men . but as criminal defendants . it is virtually impossible for the mainstream public, their communities, or their potential advocates to understand their vulnerability or to respond accordingly. This Note analyzes the funding priorities of the... 2023
Priya S. Gupta AUTOMATING RACIALIZATION IN INTERNATIONAL LAW 117 AJIL Unbound 156 (2023) From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... 2023
Jessica Xu AWARDING RACIAL SEGREGATION: THE LOW-INCOME HOUSING TAX CREDIT AS A NEW RACIALLY RESTRICTIVE COVENANT 70 UCLA Law Review 596 (August, 2023) The United States has a history of racial segregation in its facilitation of federal housing programs. One such program, the Low-Income Housing Tax Credit (LIHTC), was intended to respond to the need for affordable housing since its establishment in 1986. Through the LIHTC program, the federal government grants tax credits to investors and... 2023
Regina S. Baker , Fenaba R. Addo BARRIERS TO RACIAL WEALTH EQUALITY 48 Human Rights 2 (2023) In the United States, racial wealth inequality, particularly the Black-white wealth gap, is massive. In 2019, the median wealth for white households was $188,200, compared to $24,100 and $36,100 for Black and Hispanic households, respectively (Bhutta et al., 2020). To better understand the ongoing persistence of this racial wealth inequality, we... 2023
Gabriel Jack Chin , Gregory Downs , Mary Louise Frampton , Beth Rose Middleton Manning , Beth Rose Middleton Manning, Charles Petersen, Charles Reichmann, Virginia Scharff, Stacey Smith, Hosts, Panelists BEYOND BLACK AND WHITE: TRANSCRIPT OF THE FREE PEOPLE OF COLOR SYMPOSIUM DISCUSSING CAMPUS APPROACHES TO RACE IN TWENTIETH CENTURY WEST COAST UNIVERSITIES AND A RACIAL JUSTICE AUDIT TEMPLATE FOR UNIVERSITIES 27 U.C. Davis Social Justice Law Review 75 (Summer, 2023) C1-2Table of Contents Background from the Symposium Hosts. 76 Introduction by Dean Kevin Johnson. 80 Dr. Charles Petersen, Meritocracy and Exclusion at Stanford. 81 Questions for Dr. Charles Petersen. 84 Dr. Beth Rose Middleton Manning, Moments of Reckoning: Land Grab, Naming, and Community. 86 Questions for Dr. Beth Rose Middleton Manning. 90 Dr.... 2023
Kelsey Eyanson BILLIONAIRES ECLIPSE NASA: THE NEXT SPACE RACE OVER NATIONAL REGULATION 60 Houston Law Review 1181 (Spring, 2023) The area of space law is rapidly becoming the most recent victim of a slow-moving regulatory system. Within the last few years, there has been an explosion of private entities launching both payloads and people into space. However, U.S. companies' expeditions into space have far-reaching consequences for those left at home. The Outer Space Treaty... 2023
Ayesha Bell Hardaway BLACK AND BLUE: THE INTRACTABLE PRESENCE OF RACE IN AMERICAN POLICING 73 Case Western Reserve Law Review 607 (Spring, 2023) The Racial Reckoning of 2020 ignited a national conversation about the myriad structural flaws in our policing systems. This was not the first time. Modern America has experienced several waves of national discussions about policing. The first sustained wave began during the 1950s and ran through the 1960s, with Black activists and their allies... 2023
Chelsea Sullivan BURIED BY THE BURDEN: THE RACIAL AND SOCIOECONOMIC IMPACT OF THE BURDEN OF PROOF IN DUE PROCESS HEARINGS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT 7 Howard Human & Civil Rights Law Review 119 (2022-2023) C1-3Table of Contents L1-2Introduction . L3120 I. The Legislative History and Subsequent Enforcement of the IDEA. 122 A. The IDEA's Foundation and Development of a Student's IEP. 122 B. Schaffer v. Weast. 125 II. Intersection of Identities. 127 A. Disability and Socioeconomic Challenges in Due Process Hearings. 128 B. Addressing Potential... 2023
Katie O'Brien CAMERA-ENFORCED STREETS: CREATING AN ANTI-RACIST SYSTEM OF TRAFFIC ENFORCEMENT 36 Journal of Civil Rights & Economic Development 515 (Winter, 2023) On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper's vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to yank [Bland] out of her car and light [her] up... 2023
Tianna N. Gibbs CENTERING FAMILY VIOLENCE IN FAMILY LAW AS RACIAL JUSTICE 30 Virginia Journal of Social Policy and the Law 43 (Spring, 2023) Introduction. 44 I. Defining Family Violence to Advance Racial Justice. 47 A. The Meaning of Family. 47 B. The Meaning of Violence. 49 II. Consequences of Excluding Structure and Difference. 52 III. Centering Family Violence in Family Law to Advance Racial Justice. 55 Conclusion. 55 2023
Jonathan Jackson , Tasseli McKay , Leonidas Cheliotis , Ben Bradford , Adam Fine , Rick Trinkner CENTERING RACE IN PROCEDURAL JUSTICE THEORY: STRUCTURAL RACISM AND THE UNDER- AND OVERPOLICING OF BLACK COMMUNITIES 47 Law and Human Behavior 68 (February, 2023) Objective: We assessed the factors that legitimized the police in the United States at an important moment of history, just after the police killing of George Floyd in 2020. We also evaluated one way of incorporating perceptions of systemic racism into procedural justice theory. Hypotheses: We tested two primary hypotheses. The first hypothesis was... 2023
Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR 19 Annual Review of Law and Social Science 109 (2023) race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... 2023
Olivia Roche CHARISMA, UNIQUENESS, NERVE, AND COPYRIGHT?: CHARACTER COPYRIGHT ON RUPAUL'S DRAG RACE 111 Georgetown Law Journal 637 (March, 2023) RuPaul's Drag Race (RPDR) has catapulted the art of drag into the mainstream and changed the lives of numerous drag performers in the process. Queens often sign on to participate in the show with little more than a well-defined, unique drag character and a dream. They fail to realize what rights to their own original drag personas are relinquished... 2023
Ira P. Robbins CITIZEN'S ARREST AND RACE 20 Ohio State Journal of Criminal Law 133 (Fall, 2023) I begin with a mea culpa. In 2016, I published an article about citizen's arrest. The idea for the article arose in 2014, when a disgruntled Virginia citizen attempted to arrest a law school professor while class was in progress. I set out to research and write a traditional law review article. In it, I traced the origins of the doctrine of... 2023
Kristen Brown CLAIMING A PIECE OF THE PIE: RACE, COPYRIGHT LAW, AND DIGITAL PLATFORMS 17 Southern Journal of Policy and Justice 1 (Spring, 2023) The twenty-first century provides a massive landscape for the capitalization of creativity. Indeed, incentivizing ingenuity underpins the creation of the Copyright Act of 1909. Popular online platforms such as YouTube, Instagram, and Tik Tok may provide a means for artists to capitalize from their work. Yet, remnants of the historic disparate... 2023
Brandon Mickelsen COMBATING THE RACIAL WEALTH GAP: A GOVERNMENT AND CORPORATE-CENTRIC APPROACH 19 University of Saint Thomas Law Journal 180 (Spring, 2023) This paper calls attention to the ever-present racial wealth gap in America and illuminates how capitalism, despite its ardent proponents, continues to exacerbate that gap. On its face, the supposed free market that drives America's capitalistic society is race-neutral. An ever-changing shift of supply and demand drives the market. Although... 2023
Jason R. Bent COMPENSABILITY, OPPORTUNISM, AND THE RACE TO THE BOTTOM: A VIEW FROM (NEAR) THE BOTTOM 37 ABA Journal of Labor & Employment Law 221 (2023) This article is a contribution to a symposium marking the fiftieth anniversary of the National Commission on State Workmen's Compensation Laws (National Commission). My perspective on the successes and shortcomings of the National Commission is informed by my vantage point--the State of Florida, a formidable contender in the legislative race to... 2023
Lindsey Gellar CONGRESS IS REINSTATING THE COLOR LINE: HOW THE SAVE AMERICA'S PASTIME ACT AND THE JUDICIAL ANTITRUST EXEMPTION CONTRIBUTE TO RACIAL INEQUITY IN PROFESSIONAL BASEBALL 15 Drexel Law Review 399 (2023) Racial inequity is a common theme in the United States, and America's pastime is no exception. Black representation in professional baseball has been on the decline for decades since its peak of nearly 20%. The law compounds on inequitable economic and political systems to make it more difficult for Black American-born baseball players to survive... 2023
Thomas Halper Constructing Race 12 British Journal of American Legal Studies 117 (Spring, 2023) The legal construction of race has assumed considerable importance for affirmative action and other purposes. But buffeted by racist tropes from an earlier day and simple self interest, the construct has become a nest of irrationalities and inconsistencies. race, white supremacy, affirmative action C1-3CONTENTS I. Race as Social Construct. 118 II.... 2023
Jacqueline Pittman CONSTRUCTING RACE AND GENDER IN MODERN RAPE LAW: THE ABANDONED CATEGORY OF BLACK FEMALE VICTIMS 30 Michigan Journal of Gender & Law 151 (2023) Despite the successes of the 1960s Anti-Rape Movement, modern state rape statutes continue to prioritize white male perspectives and perceptions of race, ultimately ignoring the intersectional identity of Black women and leaving these victims without legal protection. This Note examines rape law's history of allocating agency along gendered and... 2023
Pamela A. Izvănariu CONTESTING RACIAL WAGES 30 Georgetown Journal on Poverty Law and Policy 437 (Spring, 2023) This Article uses archival research to recover the important work of John P. Davis, the Negro Industrial League (NIL), and the Joint Committee on National Recovery (JCNR) as they fought for a racially just New Deal and substantive equality in the Jim Crow era. Specifically, it analyzes the battle between southern industrialists mobilized against... 2023
Laura Smalarz, Rose E. Eerdmans, Megan L. Lawrence, Kylie Kulak, Jessica M. Salerno, School of Social and Behavioral Sciences, Arizona State University COUNTERINTUITIVE RACE EFFECTS IN LEGAL AND NONLEGAL CONTEXTS 47 Law and Human Behavior 119 (February, 2023) Objective: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to... 2023
Jeffrey C. Sun, J.D., Ph.D. COUNTERPOINT: OSTENSIBLY REMOVING COLLEGE RACE-CONSCIOUS ADMISSIONS POLICIES: OPPOSING THE MAJORITY OPINION AND ITS DEFEASIBLE REASONING 413 West's Education Law Reporter 19 (8/31/2023) On June 29, 2023, the Supreme Court struck down two college race-conscious admissions policies in companion cases that incorporated holistic, individualized reviews, including race as one of many factors considered. Drawing on an Equal Protection analysis, the Court, in a 6-3 decision, ruled that the admissions policies at Harvard and the... 2023
Eduardo R. Ferrer, Kristin N. Henning CRITICAL CLINICAL FRAMES: CENTERING ADOLESCENCE, RACE, TRAUMA, AND GENDER IN PRACTICE-BASED PEDAGOGY 30 Clinical Law Review 113 (Fall, 2023) Notwithstanding the claims to neutrality of the law and the systems and stakeholders who enforce it, social science research and the lived experience of our primarily Black youth clients reinforce how assumptions and biases -- conscious and unconscious -- undermine such claims. These assumptions and biases too often become the frames through which... 2023
Cynthia Elaine Tompkins CRITICAL RACE THEORY (CRT) IN THE LEGAL ACADEMY: DERRICK BELL'S SEMINAL LAW REVIEW ARTICLES AND CRITICAL RACE THEORISTS SCHOLARSHIP; CRT OPPONENTS CONFLICTING VIEWS AND POTENTIAL CONSEQUENCES OF CRITICS' CANCELLATION STRATEGY 74 Mercer Law Review 1079 (Spring, 2023) A couple of decades and some years ago, when I was a civil rights attorney in Washington D.C., I stopped by a bookstore café for a quiet lunch and to review a case file before an afternoon meeting. A book jacket of a man looking forward with intention and purpose captured my attention. The words on the cover corroborated his gaze: Confronting... 2023
Angelica Knight CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY 17 Florida A & M University Law Review 141 (Spring, 2023) C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... 2023
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