AuthorTitleCitationSummaryYear
Larry J. Martin Racial Etiquette and Social Capital: Challenges Facing Black Entrepreneurs 93-AUG Wisconsin Lawyer Law. 3 (July/August, 2020) As an organization, the State Bar is acting to ensure equal justice, but we can't do that alone. We need your help. Please. Take a moment to reflect on what you can do, as an individual and as a member . then do it. This isn't the column I was planning to write, but given the events of the last few months, it's the one I must. The killing of George; Search Snippet: ...July/August, 2020 Opinion, Voice and Idea Your State Bar RACIAL EQUITY: IT'S TIME TO STEP UP Larry J. Martin [FNa1... 2020
Sara Tofighbakhsh Racial Gerrymandering in a Complex World: a Reply to Judge Sentelle 120 Columbia Law Review 1885 (November, 2020) In 2019, the Supreme Court slammed the federal courthouse doors on partisan gerrymandering claims from contested state redistricting plans in Rucho v. Common Cause. Yet racial gerrymandering claims remain justiciable. Judicial review of contested redistricting plans is therefore suspended in a state where racial gerrymandering is unconstitutional; Search Snippet: ...7333472 COLUMBIA LAW REVIEW Columbia Law Review November, 2020 Note RACIAL GERRYMANDERING AFTER RUCHO v. COMMON CAUSE : UNTANGLING RACE AND PARTY... 2020
Eric M. Hayhurst, Chairperson, Young Lawyer Section, The West Virginia State Bar Racial Inequality and the Black Ghetto 2020-AUT West Virginia Lawyer 12 (Autumn, 2020) Injustice anywhere is a threat to justice everywhere. --Martin Luther King, Jr. The recent tragedies, indeed, injustices involving George Floyd, Breonna Taylor and Ahmaud Arbery have reignited the flames of racial injustice in America. Since the days of our founding, America has struggled with racial inequality and injustice--from the; Search Snippet: ...VIRGINIA LAWYER West Virginia Lawyer Autumn, 2020 Department Young Lawyers RACIAL INEQUALITY AND INJUSTICE: A CALL TO ACTION Eric M. Hayhurst... 2020
David A. Harris Racial Profiling 34-WTR Criminal Justice 10 (Winter, 2020) The beginning of 2019 marked 22 years since the introduction of the first piece of proposed legislation on racial profiling: the Traffic Stops Statistics Act of 1997, H.R. 118. Passed unanimously by the US House of Representatives in March 1998, this bill constituted the first attempt by any legislative body to come to grips with what had become; Search Snippet: ...2020 WL 506462 CRIMINAL JUSTICE Criminal Justice Winter, 2020 Feature RACIAL PROFILING Past, Present, and Future? David A. Harris [FNa1] Copyright... 2020
Thaddeus Hoffmeister , University of Dayton School of Law, Dayton, Ohio, 937-229-3810, Email thoffmeister1@udayton.edu, Website www.thaddeushoffmeister.com Racial Profiling in the Name of National Security: Protecting Minority Travelers' Civil Liberties in the Age of Terrorism 44-MAY Champion 66 (May, 2020) The issue in New Jersey v. Andujar was whether a prosecutor, during voir dire, could run a criminal background check on one prospective African American juror in order to have that juror challenged for cause. In addressing this question, the appellate court determined that the trial judge, before dismissing the juror for cause, should have first... 2020
Robert L. Tsai Racial Purity and InterRacial Sex in the Law of Colonial and Antebellum Virginia 118 Michigan Law Review 1127 (April, 2020) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies; Search Snippet: ...2020 2020 Survey of Books Related to the Law Review RACIAL PURGES Robert L. Tsai [FNa1] Copyright © 2020 by Michigan Law... 2020
Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law Racial Redistricting in a Post-Racial World 63 Howard Law Journal 349 (Spring, 2020) A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations; Search Snippet: ...LAW JOURNAL Howard Law Journal Spring, 2020 Article and Essay RACIAL RECONCILIATION THROUGH BLACK REPARATIONS Roy L. Brooks Warren Distinguished Professor... 2020
Nathan Tauger Racial Segregation Patterns in Selective Universities 123 West Virginia Law Review 171 (Fall, 2020) I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F; Search Snippet: ...VIRGINIA LAW REVIEW West Virginia Law Review Fall, 2020 Article RACIAL SEGREGATION IN WEST VIRGINIA HOUSING, 1929-1971 Nathan Tauger [FNa1... 2020
Cassandra A. Bailey, Betsy E. Galicia, Kalin Z. Salinas, Melissa Briones, Sheila Hugo, Kristin Hunter, Amanda C. Venta, Sam Houston State University, Community Supervision and Corrections Department, Huntsville, Texas, Sam Houston State University Racialized Memory and Reliability: Due Process Applied to Cross-Racial Eyewitness Identifications 44 Law and Human Behavior 88 (February, 2020) Objective: This study examined whether race/ethnicity and gender predicted sentencing to anger management therapy as a probation condition. Hypotheses: We predicted judges would be more likely to assign African Americans and Hispanics, and males to anger management than Caucasians and women, respectively. We hypothesized demographic variables would; Search Snippet: ...LAW AND HUMAN BEHAVIOR Law and Human Behavior February, 2020 RACIAL/ETHNIC AND GENDER DISPARITIES IN ANGER MANAGEMENT THERAPY AS A... 2020
Palma Joy Strand, Nicholas A. Mirkay Racializing Antisemitism: the Development of Racist Antisemitism and its Current Manifestations 15 Northwestern Journal of Law & Social Policy 265 (Spring, 2020) This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been... 2020
Gary J. Simson Racially Polarized Voting 71 Mercer Law Review 811 (Spring, 2020) In two decisions in the mid-1970s, Washington v. Davis and Village of Arlington Heights v. Metropolitan Housing Development Corp., the U.S. Supreme Court made clear that proving that a law racially neutral on its face disproportionately disadvantages racial minorities does not establish a violation of the Equal Protection Clause or even create a; Search Snippet: ...Edition Contemporary Issue in Election Law September 27, 2019 Article RACIALLY NEUTRAL IN FORM, RACIALLY DISCRIMINATORY IN FACT: THE IMPLICATIONS FOR VOTING RIGHTS OF GIVING DISPROPORTIONATE RACIAL IMPACT THE CONSTITUTIONAL IMPORTANCE IT DESERVES Gary J. Simson [FNa1... 2020
Kim Shayo Buchanan, Phillip Atiba Goff Racist Trademarks and Consumer Activism: How the Market Takes Care of Business 67 UCLA Law Review 316 (May, 2020) Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,; Search Snippet: ...4015267 UCLA LAW REVIEW UCLA Law Review May, 2020 Article RACIST STEREOTYPE THREAT IN CIVIL RIGHTS LAW Kim Shayo Buchanan Phillip... 2020
Beneva Davies-Nyandebo Reaction To: British Imperialism, the Indian Independence Movement, and the Racial Eligibility Requirements in the Naturalization Act: United States V. Thind Revisited 12 Georgetown Journal of Law & Modern Critical Race Perspectives 207 (Fall, 2020) Anderson's note argues that Risk Assessment Instruments (RAIs) are inappropriate tools for sentence reform and offers other suggestions for real reform and transformation of the United States criminal justice system. Using Wisconsin's finding that if the RAI output is only one of many factors considered in sentencing, it does not violate due; Search Snippet: ...ARE INAPPROPRIATE FOR SENTENCE REFORM: REAL SOLUTIONS FOR REFORM ADDRESS RACIAL STRATIFICATION Beneva Davies-Nyandebo [FNa1] Copyright © 2020 by Beneva Davies... 2020
Justin Fitzsimmons Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration 12 Georgetown Journal of Law & Modern Critical Race Perspectives 79 (Spring, 2020) Landon Myers' article explains how and why multi-racial people have been forced to identify as Black in the Black-White binary, denying them the agency of owning their identities while at the same time denying them the protection of civil rights laws. Myers seeks to remedy the psychological oppression suffered by multi-racial people in having their; Search Snippet: ...AREA: EXPLORING THE BLACK-WHITE BINARY'S EXPLOITATION OF THE MULTI- RACIAL IDENTITY Justin Fitzsimmons [FNa1] Copyright © 2020 by Justin Fitzsimmons Landon... 2020
Leora Friedman Reconciling Equal Protection Law in the Public and in the Family: the Role of Racial Politics 32 Georgetown Environmental Law Review 421 (Winter, 2020) Environmental racism involves the federal government's sponsorship or licensing of private entities that discharge environmental hazards (such as air pollution flowing from nuclear power plants) in communities largely comprised of minority races or ethnicities. It also includes federal funding of state agencies involved with these private projects; Search Snippet: ...Note RECOMMENDING JUDICIAL RECONSTRUCTION OF TITLE VI TO CURB ENVIRONMENTAL RACISM: A RECKLESSNESS-BASED THEORY OF DISCRIMINATORY INTENT Leora Friedman [FNa1... 2020
Travis Crum Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws 70 Duke Law Journal 261 (November, 2020) Racially polarized voting makes minorities more vulnerable to discriminatory changes in election laws and therefore implicates nearly every voting rights doctrine. In Thornburg v. Gingles, the Supreme Court held that racially polarized voting is a necessary--but not a sufficient--condition for a vote dilution claim under Section 2 of the Voting; Search Snippet: ...DUKE LAW JOURNAL Duke Law Journal November, 2020 Article RECONSTRUCTING RACIALLY POLARIZED VOTING Travis Crum [FNd1] Copyright © 2020 by Travis Crum... 2020
Kamaria A. Guity Red and White, Black and Blue: an Examination of the Supreme Court's Racial Gerrymandering Jurisprudence Following Cooper V. Harris 21 Rutgers Race & the Law Review 23 (2020) African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different; Search Snippet: ...NEW JERSEY: THE FORMULA FOR A BILL THAT ACCOUNTS FOR RACIAL INJUSTICE Kamaria A. Guity [FN1] Copyright © 2020 by Rutgers Race... 2020
Jonathan Rosenbloom Reducing Racial Bias in Capital Jury Selection by Eliminating Peremptory Challenges 26 CITYLAW 49 (2020) Even though the Supreme Court struck down race-based land use controls over a hundred years ago in Buchanan v. Warley, 245 U.S. 60 (1917) it has long been known that zoning continues to create or increase racial and economic segregation. Today communities across the U.S. are reexamining their zoning regulations to create more equal, equitable,; Search Snippet: ...49 2020 WL 6343222 CITYLAW 2020 REDUCING RACIAL BIAS EMBEDDED IN LAND USE CODES Jonathan Rosenbloom [FNa1... 2020
Robert Alan Hershey Report of the Oregon Supreme Court Task Force on Racial/ethnic Issues in the Judicial System 56-AUG Arizona Attorney 40 (July/August, 2020) The Hopi Tribe and other Puebloan societies continue to fight French auction-houses that promote sales of sacred belongings that these Native Nations assert are critical to their customary heritages. Tribes elsewhere have been alertedDD to other potential national and international auctions that could foster disappearances of their own cultural... 2020
Clay Calvert Resisting Arrest and Racism - the Crime of "Disrespect" 68 UCLA Law Review Discourse 282 (2020) This Article examines the tension between a prospective college student's First Amendment freedom of speech and a public university's unenumerated, inchoate right of institutional academic freedom. The friction between these interests was cast in high relief in 2020 when several schools confronted dual issues: (1) whether to rescind offers of... 2020
Anna G. Bobrow Restoring Less-speech-restrictive Alternatives after Ward V Rock Against Racism 106 Virginia Law Review Online 47 (June, 2020) In student-led academic honor systems, students establish policies governing lying, cheating, or stealing (referred to as academic misconduct); adjudicate reports of academic misconduct among their peers; and determine appropriate sanctions. These systems have been a common feature of American universities since the early eighteenth century, and; Search Snippet: ...Virginia Law Review Online June, 2020 Essay RESTORING HONOR: ENDING RACIAL DISPARITIES IN UNIVERSITY HONOR SYSTEMS Anna G. Bobrow [FNa1] Copyright... 2020
Tristin K. Green Rethinking Racial Profiling: a Critique of the Economics, Civil Liberties, and Constitutional Literature, and of Criminal Profiling More Generally 93 Southern California Law Review 217 (January, 2020) From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and; Search Snippet: ...LAW REVIEW Southern California Law Review January, 2020 Article RETHINKING RACIAL ENTITLEMENTS: FROM EPITHET TO THEORY Tristin K. Green [FNa1] Copyright... 2020
Cindy Anderson Risk-free Racism: Whiteness and So-called "Free Speech" 12 Georgetown Journal of Law & Modern Critical Race Perspectives 187 (Fall, 2020) C1-3Table of Contents I. Introduction. 188 II. Judicial Sentencing Objectives do not Include Elimination of Racial Stratification. 190 III. State V. Loomis: not an Unexpected Conclusion on the Constitutionality of Risk Assessment Instruments Used in Sentencing. 193 A. Wisconsin Supreme Court Rejects Due Process Arguments Reasoning that RAIs Can Be; Search Snippet: ...ARE INAPPROPRIATE FOR SENTENCE REFORM: REAL SOLUTIONS FOR REFORM ADDRESS RACIAL STRATIFICATION Cindy Anderson [FNa1] Copyright © 2020 by Cindy Anderson C1... 2020
Marie Pryor , Kim Shayo Buchanan , Phillip Atiba Goff Road Work: Racial Profiling and Drug Interdiction on the Highway 16 Annual Review of Law and Social Science 343 (2020) racism, policing, discrimination, behavioral realism, bias, police decision making Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their; Search Snippet: ...of Law and Social Science 2020 RISKY SITUATIONS: SOURCES OF RACIAL DISPARITY IN POLICE BEHAVIOR Marie Pryor [FN1] [FN2] Kim Shayo... 2020
Emily K. Dalessio School Desegregation in the New Millennium: the Racial Balance Standard Is an Inadequate Approach to Achieving Equality in Education 77 Washington and Lee Law Review 1907 (Fall, 2020) In its 2019 decision in Rucho v. Common Cause, the Supreme Court closed the doors of the federal courts to litigants claiming a violation of their constitutional rights based on partisan gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts; Search Snippet: ...ESTABLISHING A HISTORICALLY INFORMED STANDARD TO PREVENT PARTISANSHIP FROM SHIELDING RACIAL GERRYMANDERS FROM FEDERAL JUDICIAL REVIEW Emily K. Dalessio [FNa1] Copyright... 2020
Jelani Jefferson Exum Sentencing Reforms and Racial Disparities 26 Washington and Lee Journal of Civil Rights and Social Justice 491 (Spring, 2020) This Article addresses the role that racial disparities--specifically sentencing disparities--play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black... 2020
S. Thomas Perry Slavery, Segregation and Racism: Trusting the Health Care System Ain't Always Easy! An African American Perspective on Bioethics 88 George Washington Law Review Arguendo 225 (December, 2020) The United States incarcerates people at a higher rate than any other country on Earth. Within the U.S., Black people--particularly at the state level--are incarcerated at disproportionately high rates relative to the total population, the rate at which white people are incarcerated, and crime rates overall. Consequently, Black Americans also... 2020
Michael Gentithes Sustainable Development in Suburbs and Their Cities: the Environmental and Financial Imperatives of Racial, Ethnic, and Economic Inclusion 55 Harvard Civil Rights-Civil Liberties Law Review 491 (Summer, 2020) Young men of color in high-crime neighborhoods are surrounded by poverty and crime, yet distrustful of the police who frequently stop, frisk, and arrest them and their friends. Every encounter with the police carries the potential for a new arrest or worse, fostering a culture of fear and distrust of law enforcement. That culture exacerbates the... 2020
Khara Coleman That's the One!: an Analysis of Eyewitness Identifications in Missouri and Their Impact on Cross-Racial Identification 108 Illinois Bar Journal 10 (July, 2020) BY WAY OF EIGHT MINUTES AND 46 SECONDS of video taken on May 25, 2020, the whole world witnessed the violation of the civil rights of George Floyd of Minneapolis, Minnesota, resulting in his death. An officer put his knee on Floyd's neck because of an allegedly counterfeit $20 bill. Coincidentally--or not--shortly before May 25, the world watched a; Search Snippet: ...UNSPOKEN THING The Chair of the ISBA Standing Committee on Racial and Ethnic Minorities and the Law Reflects on the American... 2020
Deionna Ferguson The "Law Only as an Enemy": the Legitimization of Racial Powerlessness Through the Colonial and Antebellum Criminal Laws of Virginia 63 Washington University Journal of Law & Policy 357 (2020) On August 9, 2014, Michael Brown, Jr., an African American man, was shot by Darren Wilson, a police officer, in Ferguson, Missouri. Ferguson is located within St. Louis County. A grand jury was called to determine if Officer Wilson should be indicted. Robert McCulloch, then the St. Louis County Prosecutor, provided the grand jury with evidence that; Search Snippet: ...OF EYEWITNESS IDENTIFICATIONS IN MISSOURI AND THEIR IMPACT ON CROSS- RACIAL IDENTIFICATION Deionna Ferguson [FNa1] Copyright © 2020 by Washington University in... 2020
Christian Nolan The Appearance of Equality: Racial Gerrymandering, Redistricting, and the Supreme Court: 92-FEB New York State Bar Journal 22 (January/February, 2020) The Census Bureau has projected that white people will officially become a minority in a nation of minorities by the middle part of this century. And according to Leonard Zeskind, that is the key factor behind the actions of white nationalists. As a result, he said they have flooded public discourse with opposition to immigration by people of; Search Snippet: ...New York State Bar Journal January/February, 2020 THE ANTI- RACIST Leonard Zeskind Literally Wrote the Book on the History of... 2020
Landon Myers The Great American Dilemma: Law and the Intransigence of Racism 12 Georgetown Journal of Law & Modern Critical Race Perspectives 61 (Spring, 2020) C1-2Table of Contents Introduction. 61 I. A Lesson in History: The Black-White Binary. 62 II. The State's Exploitation of the Multi-Racial Identity. 65 III. Struggling to Simultaneously Identify as Multi-Racial and Equitably Access the Law. 66 A. Multi-Racial Individuals' Interest in Self-Identification. 67 B. The Insufficiency of the Current Equal; Search Snippet: ...AREA: EXPLORING THE BLACK-WHITE BINARY'S EXPLOITATION OF THE MULTI- RACIAL IDENTITY Landon Myers [FNa1] Copyright © 2020 by Landon Myers C1... 2020
Andres F. Rengifo , Lee Ann Slocum The Immigration and Naturalization Service and Racially Motivated Questioning: Does Equal Protection Pick up Where the Fourth Amendment Left Off? 45 Law and Social Inquiry 590 (August, 2020) This article examines the role of racial identity in the configuration of opinions about the police. We argue that racial identity links social context to individual valuations of law enforcement, moderating the association between specific encounters and general views on police legitimacy and effectiveness. These propositions are assessed using... 2020
Marisa A. O'Gara The Influence of Implicit Racial Bias in Police Stops 30 Cornell Journal of Law & Public Policy 179 (Fall, 2020) In 2013, the United States Supreme Court struck down a critical part of the Voting Rights Act of 1965, making it easier than it's been in decades to quiet the voices of racial minorities at the ballot box. In 2019, the Court then decided that it would not stop states from redrawing their voting districts to accomplish their own political goals; Search Snippet: ...Note THE INDEPENDENT CITIZEN COMMISSION: OUR BEST CHANCE AT ENDING RACIAL GERRYMANDERING AND RESTORING THE PROMISE OF THE VOTING RIGHTS ACT... 2020
Eli Jones The Intent Doctrine and Cerd: How the United States Fails to Meet its International Obligations in Racial Discrimination Jurisprudence 9 Virginia Journal of Criminal Law 109 (2020) C1-2Content I. INTRODUCTION. 110 II. BLACKS AS OTHER. 112 III. UNEQUAL PUNISHMENT OF BLACK CRIME. 114 IV. RACIAL BIAS INFECTING DISCRETION. 117 A. The Jury. 117 B. The Prosecutor. 124 V. CONCLUSION. 127; Search Snippet: ...Virginia Journal of Criminal Law 2020 Article THE INHERENT IMPLICIT RACISM IN CAPITAL CRIME JURY DELIBERATION Eli Jones Copyright © 2020 by... 2020
Kirk McClure, Ph.D., Anne R. Williamson, Ph.D., Hye-Sung Han, Ph.D., Brandon M. Weiss The Limits of Law in Accomplishing Racial Change: School Segregation in the Pre-brown North 6 Texas A&M Journal of Property Law 89 (December, 2020) The Low-Income Housing Tax Credit (LIHTC) program remains the nation's largest affordable housing production program. LIHTC units are under-represented in the neighborhoods that both promote movement to high-opportunity neighborhoods and affirmatively further fair housing. State and local officials should play an active role in guiding site... 2020
Rebecca Ruth Gould, Professor, Islamic World and Comparative Literature, University of Birmingham The Long Lingering Shadow: Law, Liberalism, and Cultures of Racial Hierarchy and Identity in the Americas 35 Journal of Law and Religion 250 (August, 2020) Responding to recent calls made within the UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will; Search Snippet: ...LIMITS OF LIBERAL INCLUSIVITY: HOW DEFINING ISLAMOPHOBIA NORMALIZES ANTI-MUSLIM RACISM Rebecca Ruth Gould Professor, Islamic World and Comparative Literature, University... 2020
Dimetria A. Jackson, Larisa M. Dinsmoor The O'connor Project: Intervening Early to Eliminate the Need for Racial Preferences in Higher Education 62-AUG Orange County Lawyer 30 (August, 2020) As Dr. Martin Luther King Jr. wrote in his Letter From Birmingham Jail, We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. The OCBA stands in solidarity with the Black community. Black lives matter. As one of the largest voluntary bar associations in; Search Snippet: ...Orange County Lawyer August, 2020 Feature OCBA Spotlight THE OCBA'S RACIAL JUSTICE TASK FORCE Dimetria A. Jackson Larisa M. Dinsmoor [FNa1... 2020
Katherine Beckett , Megan Ming Francis The Other Digital Divide: Disparity in the Auction of Wireless Telecommunications 16 Annual Review of Law and Social Science 433 (2020) mass incarceration, carceral state, racial politics, punishment This article examines the origins of US mass incarceration. Although it is clear that changes in policy and practice are the proximate drivers of the prison boom, researchers continue to explore--and disagree about--why crime control policy and practice changed in ways that fueled the; Search Snippet: ...and Social Science 2020 THE ORIGINS OF MASS INCARCERATION: THE RACIAL POLITICS OF CRIME AND PUNISHMENT IN THE POST-CIVIL RIGHTS... 2020
Michael H. LeRoy The President's Role in Bridging America's Racial Divide 75 New York University Annual Survey of American Law 187 (2020) Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting; Search Snippet: ...Law 2020 Article THE PRESIDENT'S IMMIGRATION POWERS: MIGRATORY LABOR AND RACIAL ANIMUS Michael H. LeRoy [FNa1] Copyright © 2020 by Michael H... 2020
Michael A. Lawrence The Torture Machine: Racism and Police Violence in Chicago 62 Arizona Law Review 637 (Fall, 2020) [This is] a country whose existence was predicated on the torture of black fathers, on the rape of black mothers, on the sale of black children .. Having been enslaved for 250 years, black people were not left to their own devices [after slavery ended]. They were terrorized. In the Deep South, a second slavery ruled. In the North, legislatures,; Search Snippet: ...Review Fall, 2020 Article THE THIRTEENTH AMENDMENT AS BASIS FOR RACIAL TRUTH & RECONCILIATION Michael A. Lawrence [FNa1] Copyright © 2020 by the... 2020
Laura Petty The Way Forward: Racial Integration after Ricci, a Response to Michelle Adams 47 Fordham Urban Law Journal 659 (April, 2020) Introduction. 660 I. The Use of Race in School Assignment: A Policy Perspective. 664 II. Jurisprudential Limits to Race-Conscious Policies. 672 A. The Parents Involved Holding. 675 B. Fluctuating Agency Guidance. 680 C. Parents Involved in the Circuit Courts. 682 i. Fifth Circuit: Lewis v. Ascension Parish School Board. 683 ii. Third Circuit: Doe; Search Snippet: ...WAY FORWARD: PERMISSIBLE AND EFFECTIVE RACE-CONSCIOUS STRATEGIES FOR AVOIDING RACIAL SEGREGATION IN DIVERSE SCHOOL DISTRICTS Laura Petty [FNa1] Copyright © 2020... 2020
Hannah M. Hamley The White Fist of the Child Welfare System: Racism, Patriarchy, and the Presumptive Removal of Children from Victims of Domestic Violence in Nicholson V. Williams 44 Seattle University Law Review 171 (Fall, 2020) First they came for the Communists And I did not speak out Because I was not a Communist Then they came for the Socialists And I did not speak out Because I was not a Socialist Then they came for the trade unionists And I did not speak out Because I was not a trade unionist Then they came for the Jews And I did not speak out Because I was not a Jew; Search Snippet: ...OF THE ALIEN HARBORING STATUTE IN A NEW-ERA OF RACIAL ANIMUS TOWARDS IMMIGRANTS Hannah M. Hamley [FNa1] Copyright © 2020 by... 2020
Daniel G. Solórzano , Lindsay Pérez Huber , Layla Huber-Verjan There Are No Racists Here: the Rise of Racial Extremism, When No One Is Racist 18 Seattle Journal for Social Justice 185 (Spring, 2020) This article follows a Critical Race tradition of counterstorytelling to tell three stories from across three generations of Critical Race Scholars in Education. In each of our stories, we explain how we came to research racial microaggressions and how this work eventually led us to our current theorizing of racial microaffirmations. We have... 2020
Jessica M. Hadley Treat All Men Alike : an Analysis of United States V. White Mountain Apache Tribe and Suggestions for True Reparation 26 William and Mary Journal of Race, Gender, and Social Justice 689 (Spring, 2020) Introduction I. The History of Transracial Adoption in the United States A. The Emergence of Federal Laws Promoting Transracial Adoptions B. The Extent of Race Consideration in Adoption II. Criticisms of the Methodology of the Early Studies A. The Problematic Nature of Using Personal Self-Esteem as an Indicator of Positive Racial Identity B. The; Search Snippet: ...TRANSRACIAL ADOPTIONS IN AMERICA: AN ANALYSIS OF THE ROLE OF RACIAL IDENTITY AMONG BLACK ADOPTEES AND THE BENEFITS OF RECONCEPTUALIZING SUCCESS... 2020
Monika Batra Kashyap Ua Mau Ke Ea O Ka Aina I Ka Pono: Voting Rights and the Native Hawaiian Sovereignty Plebiscite 11 California Law Review Online 517 (November, 2020) This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... 2020
Lucius T. Outlaw III Unwelcome Imports: Racism, Sexism, and Foreign Investment 50 New Mexico Law Review 25 (Winter, 2020) The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights. With this sentence, Justice Sonia Sotomayor unleashes a fierce admonishment of the majority opinion (drafted by Justice Clarence Thomas) in Utah v. Strieff and the majority's lack of; Search Snippet: ...Article UNSECURED (BLACK) BODIES: HOW BALTIMORE FORESHADOWS THE DANGERS OF RACIALLY TARGETED DRAGNET POLICING LET LOOSE BY UTAH v. STRIEFF Lucius... 2020
David Bjerk, Eric Helland, Claremont McKenna College, Claremont McKenna College What Constitutes a "Racial Classification"?: Equal Protection Doctrine Scrutinized 63 Journal of Law & Economics 341 (May, 2020) We show that data on DNA exonerations can be informative about racial differences in wrongful-conviction rates under some assumptions regarding the DNA-exoneration process. We argue that, with respect to rape cases, the observed data and the plausibility of the required assumptions combine to strongly suggest that the wrongful-conviction rate is... 2020
Funmi Anifowoshe Manning When Racists and Radicals Meet 8 Virginia Journal of Criminal Law L. 1 (2020) The juvenile justice system was created and designed to be separate from the adult criminal justice system. Initially, the juvenile system was meant to be informal and to prescribe treatment for young offenders, rather than serve as an adjudicatory forum to punish them. However, with the changing demographics in the U.S. came a change in juvenile... 2020
Michael H. LeRoy Whitewashing Expression: Using Copyright Law to Protect Racial Identity in Casting 10 Arizona State Sports & Entertainment Law Journal 53 (Fall, 2020) Coaching racism in college sports may be facilitated by NCAA transfer waivers silencing players who complain about racial harassment. Athletic directors and other school officials may have conspired with the NCAA to resolve racism complaints by using nondisclosure agreements and liability releases while avoiding independent investigations and; Search Snippet: ...Arizona State Sports & Entertainment Law Journal Fall, 2020 WHITEWASHING COACHING RACISM IN NCAA SPORTS: ENFORCING CIVIL RIGHTS THROUGH THE KU KLUX... 2020
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32