| Author | Title | Citation | Summary | Year |
| Mae Kuykendall |
"A DANGEROUS, REVERBERATING SILENCE": RACIAL SILENCE, WHITE MONEY, AND SCOTUS? |
55 Seton Hall Law Review 847 (2025) |
The result and the reasoning in Students for Fair Admissions v. Harvard did not occur in a historic vacuum. Through its history, the Supreme Court has relied on abstraction to maintain a deep silence about the category of race, even as it creates and maintains race doctrines in an evolving context that favors a persisting imaginary image of White... |
2025 |
| Andrew Hull |
"PRISONERS OF THE UNION": EMPORIUM CAPWELL AND THE DECLINE OF CONCERTED ACTIVITY AGAINST RACIAL DISCRIMINATION |
22 UC Law Journal of Race and Economic Justice 211 (January, 2025) |
This paper tracks the development of judicial understanding of labor unions' status under Section 9 of the National Labor Relations Act as the exclusive representative of employees for the purposes of bargaining with the employer, focusing on the how the Supreme Court case Emporium Capwell v. Western Community Addition has led to a gradual... |
2025 |
| Joshua Aiken |
"SHE HAD SLAIN HER FAVORITE": RACE, GENDER, VIOLENCE, AND THE RULE OF LAW IN THE MILITARY-OCCUPIED SOUTH |
36 Yale Journal of Law & Feminism 229 (2025) |
Abstract. This Article excavates the 1865 trial United States v. Temperance Neely to analyze how emergent legal cultures in the military-occupied South calcified racial slavery's logic despite formal emancipation. Through examination of previously unanalyzed court proceedings, I demonstrate how this case illuminates three interlocking dimensions of... |
2025 |
| R. Lawrence Purdy |
"WE ALL WEAR GREEN, WE ALL BLEED RED, THERE IS NO DIFFERENCE": RACE-CONSCIOUS ADMISSIONS POLICIES HAVE NO PLACE AT OUR MILITARY ACADEMIES |
56 Saint Mary's Law Journal 113 (2025) |
I. Introduction. 114 A. Promises Made. 115 B. Promises Broken. 117 II. Do Race-Conscious Admissions at Our Nation's Military Academies Remain Lawful Following the Supreme Court's Decision in SFFA?. 120 III. A Brief but Necessary Detour. 121 IV. Discussion. 122 A. The Principle Announced in SFFA. 122 B. DoD's Poorly Camouflaged Opposition to a... |
2025 |
| Anjali Vats |
(WHITE) RACIAL ARITHMETIC AS INTELLECTUAL PROPERTY ARCHITECTURE |
103 Texas Law Review 1581 (June, 2025) |
In The Signal and the Noise, a manifesto for our cognitively dissonant post-fact, pro-statistics era, Nate Silver writes: Data-driven predictions can succeed--and they can fail. It is when we deny our role in the process that the odds of failure rise. Before we demand more of our data, we need to demand more of ourselves. He continues: [O]ur... |
2025 |
| Diana Rendler |
A PUBLIC POOLS GRANT PROGRAM FOR RACIAL JUSTICE |
23 Seattle Journal for Social Justice 165 (Winter, 2025) |
I told Tommy to never go swimming unless there were lifeguards around. But he loved the water and I guess there was no place else for him to go. [T]hey ought to give our children somewhere to swim before more of them die like Tommy. Structural racism has influenced the creation, continued existence, and maintenance of public pools in the United... |
2025 |
| Lovecia Holmes-Oglesby |
A RACE TO WORK THE CASE: NEW CHANGES TO THE FLORIDA RULES OF CIVIL PROCEDURE AND WHAT IT MEANS FOR DEFENSE CIVIL LITIGATORS |
99-JUN Florida Bar Journal 18 (May/June, 2025) |
With so many changes to the Florida Rules of Civil Procedure, attorneys must stay prepared to effectively manage their cases. On December 5, 2024, the Florida Supreme Court entered two orders adopting additional amendments to make the May 2024 proportionality and discovery changes more effective and to resolve any potential inconsistencies. These... |
2025 |
| Marisa Omori , Alessandra Milagros Early , Luis Torres |
A THEORETICAL AND EMPIRICAL CRITIQUE OF RACIAL INNOCENCE IN SENTENCING |
59 Law and Society Review 382 (June, 2025) |
(Received 25 March 2024; revised 11 November 2024; accepted 8 December 2024) Despite large-scale racial inequalities across multiple social domains, racial innocence highlights the complacency of the law and social science research in denying racial power through race neutral assumptions. We explore three theoretical and methodological mechanisms... |
2025 |
| Susan Saab Fortney , Heather Zirke |
ADDRESSING PERCEIVED RACIAL AND ETHNIC DISPARITIES IN ATTORNEY DISCIPLINE |
76 Washington University Journal of Law & Policy 163 (2025) |
Perceived racial and ethnic disparities in attorney discipline threaten public confidence in the legal profession's fairness and equity. This Article explores whether lawyers of color are subject to a disproportionate number of disciplinary actions. It draws on studies that reveal patterns of disparate outcomes tied to factors such as practice... |
2025 |
| Kristina Bergman, R. Denisse Córdova Montes |
ADOPTING AN INTERNATIONAL HUMAN RIGHTS APPROACH IN THE U.S. TO COMBAT SIZEISM AND RELATED RACISM AND SEXISM IN HEALTHCARE, PUBLIC HEALTH EFFORTS, AND FOOD ADVERTISING POLICY |
21 Journal of Food Law & Policy 1 (Spring, 2025) |
Evidence of size stigma in U.S. food and health industries is overwhelming. Many policies affecting consumer and patient health and care look to patient Body Mass Index (BMI), a ratio of patient weight to height that anthropologists describe has roots in eugenics, scientific racism, and sexism, and that even the American Medical Association... |
2025 |
| Dan Sweeney |
ADVANCING RACE-CONSCIOUS REMEDIES BY ADDRESSING PAST GOVERNMENT DISCRIMINATION IN HOMEOWNERSHIP |
53 Fordham Urban Law Journal 515 (December, 2025) |
The United States is a country with a deep history of discrimination and a myriad of present-day effects resulting from that past discrimination. Although legislative action aimed at remedying past discrimination is rare, it remains both necessary and permissible within the Court's Equal Protection jurisprudence under extraordinary circumstances.... |
2025 |
| Maria L. Ramsey |
ALITO TAKES ALL IN THE RACE OF HIS LIFE--THE RACE TO OVERRULE PRECEDENT: HOW DOBBS IS NOT THE END FOR LGBTQ+ RIGHTS |
33 Tulane Journal of Law & Sexuality 37 (2025) |
[T]he elimination of constitutional stare decisis would represent an explicit endorsement of the idea that the Constitution is nothing more than what five Justices say it is. I. Introduction. 38 II. Stare Decisis Is Found in Law, Not in Personal Proclivities. 41 A. The Judicial Doctrine of Stare Decisis. 41 B. Legal Basis of Stare Decisis. 42 C.... |
2025 |
| Emma Adams |
AN EXAMINATION OF RACE IN REPRODUCTIVE OPPRESSION: WHY INTERSECTIONAL ABORTION STIGMA DISRUPTION IS NECESSARY TO ACHIEVE REPRODUCTIVE JUSTICE IN 2024 AND BEYOND |
36 UC Law SF Journal on Gender and Justice 3 (January, 2025) |
This article examines the perpetuation of white supremacy in reproductive oppression throughout American history. The history of the reproductive rights movement, when applying a racialized lens, often looks contradictory in protections and restrictions implemented by the American government, at both the federal and state level. For example,... |
2025 |
| Teneile Warren, Crystena Parker-Shandal |
ANTI-RACISM IN MEDIATION: RECOGNIZING AND HONORING IDENTITY |
31 Dispute Resolution Magazine 16 (January, 2025) |
When a white male student directed a racial slur, calling a female South Asian student a Paki, the conflict escalated as both students exchanged heated remarks. The female student responded by making critical comments about the male student's socioeconomic background, referencing his clothing. In a school setting where identity politics often... |
2025 |
| Synda Mark |
ANTIRACIST ANTITRUST: ANTITRUST ENFORCEMENT AS A CIVIL RIGHT |
31 William and Mary Journal of Race, Gender, and Social Justice 393 (Spring, 2025) |
Tryna' make a dollar out of fifteen cents is more than a genius hip-hop lyric, it is also a metaphor for a real-life economic problem. It is extremely difficult for Black communities to build wealth in America. While many factors contribute to the lack of economic growth, one overlooked area is the ineffective enforcement of the antitrust laws.... |
2025 |
| Jasmine B. Gonzales Rose, Asees Bhasin, Spencer Piston |
ANTIRACIST EXPERT EVIDENCE |
134 Yale Law Journal 2362 (May, 2025) |
ABSTRACT. Since 2020, when mass protests against racism swept across the United States, scholars, lawyers, and the general public have become increasingly aware that racism permeates society and the criminal legal system, from overt racial animus to the nuanced effects of structural racism. Demonstrating the influence of racism is therefore vital... |
2025 |
| Kristina Baker , Mia A. Thomaidou , Colleen M. Berryessa , Jason A. Cantone |
AUTISTIC JUVENILE DEFENDANTS: HOW DEFENDANT RACE AND OFFENSE TYPE AFFECT JUROR DECISIONS |
46 Law and Human Behavior 556 (December, 2025) |
Objective: This study explores whether providing information about a juvenile defendant's autism spectrum disorder (ASD) diagnosis, the type of offense (violent/nonviolent), and their race influences laypersons' credibility evaluations and legal decisions (verdicts/sentencing). Hypotheses: We expected participants to render more not guilty verdicts... |
2025 |
| Katherine A. Macfarlane |
BEN CRUMP AND RACIALIZED PROFESSIONALISM |
98 Saint John's Law Review 1189 (2025) |
Benjamin Ben Crump is the country's most influential civil rights lawyer. His advocacy led to the arrest and prosecution of George Zimmerman. He has represented the families of George Floyd and Breonna Taylor and many others, negotiating record-breaking settlements despite a body of civil rights precedent that is overwhelmingly pro-defendant.... |
2025 |
| Angela Onwuachi-Willig , Anthony V. Alfieri |
BIGLAW'S RACE PROBLEM: THE BLACK CEILING: HOW RACE STILL MATTERS IN THE ELITE WORKPLACE BY KEVIN WOODSON. CHICAGO: THE UNIVERSITY OF CHICAGO PRESS, 2023. PP. 216. $26.00 |
125 Columbia Law Review 703 (April, 2025) |
Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within... |
2025 |
| Bill Ong Hing |
BLACK MIGRANTS AND BLACK LIVES MATTER: VOICES OF TENSION, RACISM, PAN-AFRICANISM, AND PROSPECTS FOR COLLABORATION |
22 UC Law Journal of Race and Economic Justice 129 (January, 2025) |
C1-2Table of Contents I. Introduction. 130 II. Background Studies on Black Migrants and BLM. 133 III. Tensions, Misunderstandings, and Social Distance. 136 A. Ethnicity and Identity. 139 B. Economic Differences, Work Ethic, and Competition Over Resources. 146 C. Favorable Treatment of Black Migrants from White America. 149 D. Stereotypes of African... |
2025 |
| Adam Reynolds |
CALLS FOR A CLIMATE PEACE CLAUSE: INCENTIVIZING A RACE TO THE TOP |
33 New York University Environmental Law Journal 383 (2025) |
Global efforts to combat climate change are coming up short of the sweeping changes necessary to meet the Paris Agreement targets. Nonetheless, some of the policies governments have implemented are coming under scrutiny for their trade distorting effects. In response to threats to retaliate against climate positive programs with trade distorting... |
2025 |
| Tammy Harel Ben Shahar , Omer Kimhi |
CAN EMPLOYERS SAVE US FROM STUDENT LOANS? CREDENTIALISM, ARMS RACES, AND DEBT FORGIVENESS |
82 Washington and Lee Law Review 189 (Winter, 2025) |
America is drowning in student loan debt. About 45 million Americans owe the astounding sum of $1.75 trillion in outstanding student debt, and many of them default on their payments. While most agree that something must be done, attempts to alleviate the problem have met political backlash and legal challenges. In June of 2023, the Supreme Court... |
2025 |
| Vinay Harpalani, Magdalene Bernier |
CASTE-ING AND RECASTING RACE IN EQUAL PROTECTION JURISPRUDENCE |
85 Maryland Law Review 142 (2025) |
In this Essay, we analyze how the concept of caste has influenced the U.S. Supreme Court's race-based equal protection jurisprudence. Even before the ratification of the Fourteenth Amendment, advocates such as Charles Sumner appealed to caste analogies to argue for rights for Black Americans. The stigma of caste--a prominent harm of Jim Crow... |
2025 |
| Addrain Conyers, Amanda N. Bergold, Antoinette Critelli |
CHALLENGING BATSON: INTEREST CONVERGENCE AND PERMANENCE OF RACISM IN JURY SELECTION |
28 Scholar: St. Mary's Law Review on Race and Social Justice 179 (2025) |
Abstract: A Batson challenge is an objection to the use of peremptory challenges to dismiss potential jurors based on their race; however, Batson challenges are rarely successful. In this paper, we apply Critical Race Theory (CRT) as a framework to analyze the Batson Challenge. More specifically, we argue that the Batson challenge is a practice... |
2025 |
| Cara McClellan |
CHALLENGING LEGACY DISCRIMINATION: THE PERSISTENCE OF SCHOOL PUSHOUT AS RACIAL SUBORDINATION |
105 Boston University Law Review 641 (March, 2025) |
Prior legal scholarship has described the school-to-prison pipeline as originating in the zero-tolerance school discipline policies of the 1980s and 1990s. This Article shows that, in reality, it originated in resistance to school desegregation. The initial rise in exclusionary school discipline in the United States began in the late 1960s, in... |
2025 |
| Aaron Pinkett |
CHALLENGING RACE-BASED HEALTH CARE DISCRIMINATION: A NEW PRIVATE RIGHT OF ACTION |
119 Northwestern University Law Review 1667 (2025) |
Abstract--The Hippocratic Oath calls on doctors to do no harm. Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily... |
2025 |
| Hana E. Brown , Department of Sociology, Wake Forest University, Winston-Salem, NC, USA, Email: brownhe@wfu.edu |
CHALLENGING THE INDIAN CHILD WELFARE ACT: COLORBLIND RACISM, WHITENESS AS PROPERTY, AND THE LEGAL ARCHITECTURE OF SETTLER COLONIALISM |
59 Law and Society Review 356 (June, 2025) |
(Received 19 October 2023; revised 14 June 2024; accepted 4 July 2024) Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). ICWA sought to end the forced removal of American Indian children from their... |
2025 |
| Karina Alvarez , Dr. Rita Cameron-Wedding |
COLLABORATIVE EFFORTS TO COMBAT RACISM: ACADEMICS AND CRIMINAL DEFENSE LAWYERS IN THE PURSUIT OF RACIAL JUSTICE IN CALIFORNIA |
65 Santa Clara Law Review 201 (2024-2025) |
Lawyers and academics frequently cooperate to shape public policy and outcomes in specific cases, including in the area of racial justice. However, too frequently, lawyers and academics operate in silos--working towards the same goal of racial justice, but in different arenas. Lawyers are bound to their clients, foremost, and to advocacy before the... |
2025 |
| Carrie Rosenbaum |
COLORBLIND IMMIGRATION RACISM |
72 UCLA Law Review Discourse 554 (2025) |
The Fifth Amendment equal protection doctrine has never been effective at curtailing racialized harm in immigration law. While not expressly drafted to address racially differential impact, the administrative law doctrine known as arbitrary and capricious review has the potential to enable courts to set aside discretionary immigration enforcement... |
2025 |
| Daniel S. Harawa |
COMPLICATING RACIAL JUSTICE NARRATIVES: THE PEREMPTORY ELIMINATION DEBATE |
105 Boston University Law Review 1731 (October, 2025) |
Studies consistently show that prosecutors disproportionately use peremptory challenges to strike people of color from juries. Several states have endeavored to address this well-documented problem by fortifying the Batson framework. Arizona, however, recently took the radical step of eliminating peremptory challenges altogether. This... |
2025 |
| Charmaine Fuller Cooper, Gene Nichol , Speakers |
CONVERSATIONS WITH THE COALITION THAT PASSED THE RACIAL JUSTICE ACT: CHARMAINE FULLER COOPER INTERVIEW |
103 North Carolina Law Review Forum 272 (2025) |
Charmaine Fuller Cooper played an essential role in advancing the Racial Justice Act through her work at the Carolina Justice Policy Center. Her tenacity and ability to understand the opposition allowed her to be an effective advocate for people on death row and forced sterilization victims. In fact, after pushing for the Racial Justice Act to be... |
2025 |
| Floyd B. Mckissick, Jr., Gene Nichol , Speakers |
CONVERSATIONS WITH THE COALITION THAT PASSED THE RACIAL JUSTICE ACT: FLOYD B. MCKISSICK, JR. INTERVIEW |
103 North Carolina Law Review Forum 239 (2025) |
Floyd B. McKissick, Jr. was one of the architects of the Racial Justice Act and an absolute champion in pushing this legislation to enactment. His father, Floyd B. McKissick, Sr., was the lead plaintiff in the successful lawsuit to integrate the University of North Carolina School of Law, and he was also a renowned civil rights activist during the... |
2025 |
| Ken Rose, Gene Nichol , Speakers |
CONVERSATIONS WITH THE COALITION THAT PASSED THE RACIAL JUSTICE ACT: KEN ROSE INTERVIEW |
103 North Carolina Law Review Forum 200 (2025) |
Ken Rose was instrumental in drafting and getting the Racial Justice Act passed. He had a long career as an attorney defending death row inmates, and he is regarded as a brilliant man with an outrage towards injustice. Ken Rose has also played a tremendous role in North Carolina's lethal injection litigation, which--combined with the Racial Justice... |
2025 |
| Pricey Harrison, Gene Nichol , Speakers |
CONVERSATIONS WITH THE COALITION THAT PASSED THE RACIAL JUSTICE ACT: PRICEY HARRISON INTERVIEW |
103 North Carolina Law Review Forum 318 (2025) |
Pricey Harrison was instrumental in getting the Racial Justice Act enacted. She has been a dedicated member of the North Carolina House of Representatives since 2004. During her tenure, she has fought to defend our democracy, environment, public education, women's reproductive rights, and more. Pricey Harrison is known for being a leader on... |
2025 |
| Andrew Engelson |
CRACKS IN THE SYSTEM |
111-SEP ABA Journal 50 (August/September, 2025) |
It took Norm Brown a while to realize he would likely die in prison. Sentenced to life at the age of 24 for felonies involving crack cocaine, he'd always held out hope he'd someday go free, but he saw each of his options evaporate one by one. I was like a drowning man reaching for a spiderweb, Brown says of the various appeals and attempts at... |
2025 |
| Dilhan Toredi , Jamal K. Mansour , Sian E. Jones , Faye Skelton , Alex McIntyre |
CREATING A CROSS-RACE EFFECT INVENTORY TO POSTDICT EYEWITNESS ACCURACY |
49 Law and Human Behavior 353 (August, 2025) |
Objective: The cross-race effect (CRE) is a reliable and robust phenomenon, whereby individuals better recognize faces that belong to their race compared with another race. Our goal was to produce items for a self-report inventory (i.e., Cross-Race Effect Inventory [CRE-I]) that brings together known predictors of the CRE to improve the postdiction... |
2025 |
| Stevie J. Swanson |
CREATIVELY CONCEALED BUT STILL PERSISTENTLY PERVASIVE: RACIAL STEERING IN AMERICAN REAL ESTATE |
40 Wisconsin Journal of Law, Gender & Society 61 (Spring, 2025) |
I. Introduction to Racial Steering. 63 A. What is it?. 63 B. How was it utilized?. 63 1. Realtors. 63 2. Private parties. 64 3. The Federal Government and Lending Institutions. 65 II. Harms of Segregation. 66 III. Benefits of Integration. 67 IV. The Past--is it over?. 68 A. Blockbusting. 68 B. Race-Based Covenants. 69 C. Redlining. 70 D. Assorted... |
2025 |
| Ryan A. Faulkner |
CRITICAL ANALYSIS: HOW MANDATORY ARBITRATION AGREEMENTS PERPETUATE RACIAL INEQUALITY IN THE NFL |
60 Harvard Civil Rights-Civil Liberties Law Review 217 (Winter, 2025) |
C1-3Table of Contents I. Introduction. 217 II. Analytical Framework: CRT. 219 A. Color-Blindness. 220 B. Material Determinism. 221 C. Social-Construction Thesis. 223 D. Differential Racialization. 224 E. Intersectionality and Anti-Essentialism. 226 F. Voice-of-Color Thesis. 228 III. Mandatory Arbitration and Racial Inequity. 230 A. Arbitration,... |
2025 |
| Christopher Taylor, Cheryl Thompson |
CRITICAL RACE APPROACH TO HUMAN RIGHTS DISPUTE RESOLUTION |
31 Dispute Resolution Magazine 28 (January, 2025) |
There is vocal skepticism about the usefulness of DEI officers, principles, and practices both in Canada, the country from which we write, and even more strongly in the US. In this article, we challenge this suspicion of DEI by advancing that critical DEI and anti-racist communication practices are strong assets to resolving disputes in what is... |
2025 |
| Steven L. Nelson, J.D., Ph.D. , Aaren N. Cassidy, Ed.D. , Sheron T. Davenport, Ed.D. |
CRITICAL RACE CARE, THE MISSING LINK IN THE IMPLEMENTATION OF STATE TAKEOVER LEGISLATION: A CRITICAL RACE SOCIO-LEGAL ANALYSIS OF POLICY IMPLEMENTATION |
25 Journal of Law in Society 86 (Winter, 2025) |
C1-2CONTENTS Abstract. 87 Introduction. 88 I. State Takeovers: Then and Now. 91 A. Efforts at Education Reform and Accountability. 91 B. State Takeovers: Different Strokes Aimed at the Same Folks. 95 C. State Takeovers as an Entry Point for Market-Based Reforms. 97 II. Race, Urbanicity, and Histories of Takeover. 98 A. Seizures of Urban Areas. 99... |
2025 |
| Makayla Perez |
CRYSTAL CLEAR DISPARITIES: THE FAILURE OF SENTENCING GUIDELINES AND HOW THEY REPEATEDLY CONTRIBUTE TO SYSTEMATIC RACISM IN THE UNITED STATES |
27 Scholar: St. Mary's Law Review on Race and Social Justice 271 (2025) |
Introduction. 272 I. History. 274 A. The Rise of Methamphetamine. 275 B. History of Cocaine Disparities. 277 C. Fear of Methamphetamine. 280 D. Texas Law. 283 II. Analysis. 286 A. Overall Negative Impact of Sentencing Disparities. 286 B. Racial Impact of Sentencing Disparities. 291 III. Proposed Solutions. 299 A. Changes Within our Current System.... |
2025 |
| Brenda C. Robinson |
CULTURE GOES BEYOND RACE IDENTITY |
47-SPG Family Advocate 14 (Spring, 2025) |
One day in court, I had a 5-year-old client come in through the Shelter Care area where children sit awaiting court. His mother had not seen him for several days since being removed from her care. He walked into the courtroom and saw his mother. He ran to her; she scooped him up and held him. After a few moments, I encouraged him to sit next to... |
2025 |
| Ivana Wijedasa |
DEFENDING RACE-BASED AFFINITY ORGANIZATIONS IN HIGHER EDUCATION IN A POST-SFFA SOCIETY |
105 Boston University Law Review 2037 (October, 2025) |
Since the Supreme Court's characterization of race-conscious admissions policies as unconstitutional in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), the role of race in higher education has been under attack. States have passed bans on Diversity, Equity, and Inclusion (DEI) efforts leading to the closure... |
2025 |
| by Steven D. Schwinn , University of Illinois Chicago School of Law, Chicago, IL |
Did Louisiana Unlawfully Discriminate by Race in Violation of the Fourteenth or Fifteenth Amendment by Drawing a Second Majority-Black District in Response to a Lower Court Ruling? |
53 Preview of United States Supreme Court Cases 41 (6-Oct-25) |
The U.S. District Court for the Middle District of Louisiana ruled that the state's congressional map likely violated the Voting Rights Act because it included just one majority-Black district. The Fifth Circuit affirmed. The state legislature then drew a new map with a second majority-Black district, Congressional District 6, or CD6. Plaintiffs... |
2025 |
| Luis Armando Martínez |
DIGITAL EVIDENCE IN U.S. CRIMINAL LITIGATION: RISKS TO RACIAL JUSTICE |
72 UCLA Law Review 1078 (December, 2025) |
Criminal defendants increasingly face the risks of digital evidence. These risks include intentional manipulation, accidental alteration, and even the threat that visual displays like footage or data visualizations lure viewers into an unquestioning acceptance of events as they seem to have unfolded. Some scholars have deemed the U.S. evidence... |
2025 |
| Renee Knake Jefferson, Hannah Brenner Johnson |
DIRTY LAUNDRY: A BOOK REVIEW OF SUPREME BIAS: GENDER AND RACE IN U.S. SUPREME COURT CONFIRMATION HEARINGS. BY CHRISTINA L. BOYD, PAUL M. COLLINS, JR., AND LORI A. RINGHAND. STANFORD, CA: STANFORD UNIVERSITY PRESS. 2023. PP. VII-290. CLOTH, $30 |
59 U.C. Davis Law Review Online 12 (August, 2025) |
Senator John Kennedy: Okay. I got one last question. Amy Coney Barrett: Hope it's an easy one. Senator John Kennedy: It is, it's a sincere question. I'm generally curious, who does laundry in your house? -- The Senate Confirmation Hearing of Amy Coney Barrett, Nominee for Associate Justice of the U.S. Supreme Court, October 14, 2020 Until... |
2025 |
| Jesse Kelley , Laura Chavez , Sam Sinyangwe |
DISCRETION AND UNIFORMITY IN CRIMINAL RECORD CLEARANCE: MAXIMIZING IMPACT AND RACIAL EQUITY |
22 Ohio State Journal of Criminal Law 43 (June, 2025) |
Criminal record relief, which refers to any process aimed at providing individuals with a second chance at an improved quality of life by limiting the visibility of their criminal records, is subject to the dual forces of discretion and uniformity. This paper explores the delicate balance between these two aspects within the context of record... |
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 |
| Mia Thillet , Sam W. Scheipers |
EDITOR'S NOTE: CONVERSATIONS WITH THE COALITION THAT PASSED THE RACIAL JUSTICE ACT |
103 North Carolina Law Review Forum 195 (2025) |
The North Carolina Racial Justice Act was a groundbreaking piece of legislation that sought to dispel racism from the State's death penalty system. The Racial Justice Act allowed people on death row to reduce their sentence to life imprisonment without parole if they could prove that racial discrimination played a significant role in the decision... |
2025 |
| Deepak Premkumar , Magnus Lofstrom , Joseph Hayes , Brandon Martin , Sean Cremin |
EMPIRICAL ANALYSIS OF RACIAL DISPARITIES IN POLICING |
65 Santa Clara Law Review 267 (2024-2025) |
Racial disparities within the criminal justice system continue to be a pressing issue, especially after the recent passage of California's Racial Justice Act, which allows for a broader set of legal challenges based on racially disparate treatment. In this article, we analyze data for almost four million stops by California's fifteen largest law... |
2025 |