AuthorTitleCitationSummaryYear
Emi MacLean EMBRACING "TOO MUCH JUSTICE": REALIZING THE POTENTIAL OF THE CALIFORNIA RACIAL JUSTICE ACT 29 Berkeley Journal of Criminal Law 89 (2024) Introduction. 89 I. Early Legal Victories. 91 II. Unique Challenges of Disparity-Based Claims Under the RJA. 94 III. Importance of Prosecutorial Transparency for the Implementation of the Racial Justice Act. 95 IV. Bridging the Chasm Between Defense Practitioners and Data Analysts. 99 Conclusion: The Tremendous Potential of the Law, Beginning to Be... 2024
Amanda Agan, Sonja Starr EMPLOYERS' NEIGHBORHOODS AND RACIAL DISCRIMINATION 53 Journal of Legal Studies 115 (January, 2024) Using a field experiment, we show that the racial composition of employers' neighborhoods predicts discrimination patterns in a direction suggesting in-group bias. Second, building on prior work on ban-the-box laws, we show that employers in less-Black neighborhoods appear much likelier to stereotype Black applicants as potentially criminal when... 2024
GianCarlo Canaparo , Jameson Payne EQUAL PROTECTION AND RACIAL CATEGORIES 34 George Mason University Civil Rights Law Journal 225 (Spring, 2024) A touchstone of justice is the principle that like things must be treated alike, and different things differently. A thread of universal agreement on this point runs from Aristotle to the jurists, moralists and philosophers of our own day. This principle is enshrined in the Fourteenth Amendment's Equal Protection Clause (as interpreted ), which... 2024
Michael Z. Green EXPANDING THE BAN ON FORCED ARBITRATION TO RACE CLAIMS 72 University of Kansas Law Review 455 (March, 2024) When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) in March 2022, it signaled a major retreat from the Supreme Court's broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex,... 2024
J. Benton Heath FETCH THE BOLT CUTTERS: REFLECTIONS ON RACIAL CAPITALISM AND THE NAFTA/USMCA 49 Brooklyn Journal of International Law 449 (2024) Thank you for this opportunity to speak on the subject of race and trade in the US--Mexico--Canada Agreement (USMCA). I mean for this presentation to be an introduction to many of the issues that are on my mind as a scholar of investment and trade. It is also an introduction to the work of many others who have thought deeply about the relationships... 2024
James Thuo Gathii FINANCING CLIMATE CHANGE THROUGH A RACIAL CAPITALISM LENS 41 Wisconsin International Law Journal 521 (Summer, 2024) In this Essay, I argue that the climate crisis has provided the global finance industry an opportunity to make exorbitant profits from majority Black and Brown countries in the Global South. I show how the global finance industry is leveraging its muscle over climate-vulnerable and heavily indebted countries in the Global South through complex... 2024
Lindsey Webb FROM A RPL IN THE CLASSROOM TO A WAVE IN THE WORLD: COURSEWORK FOCUSED ON RACE, PLACE & LAW 101 Denver Law Review 477 (Spring, 2024) In the ten years since a collection of faculty and staff members at the University of Denver Sturm College of Law (Sturm) founded the Rocky Mountain Collective on Race, Place & Law (RPL), the world has been repeatedly thrown into chaos. We have witnessed the beginning of marriage equality and the end of Roe v. Wade; white supremacist marches and... 2024
Lex Kirkwood FROM DEATH ROW TO FREEDOM: THE STRUGGLE FOR RACIAL JUSTICE IN THE PITTS-LEE CASE BY PHILLIP A. HUBBART 98-APR Florida Bar Journal 50 (March/April, 2024) Martin Luther King, Jr.'s declaration--that the arc of the moral universe is long, but that it bends toward justice--comes to mind when reading Judge Phillip A. Hubbart's opus From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case. In this case, the arc was both excruciatingly long for two wrongly accused and convicted... 2024
Cathy L. Purvis Lively FROM DEATH ROW TO FREEDOM: THE STRUGGLE FOR RACIAL JUSTICE IN THE PITTS-LEE CASE, BY PHILIP A. HUBBART 98-OCT Florida Bar Journal 59 (September/October, 202) From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case is a must-read! Phillip A. Hubbart masterfully explains a complicated legal system in plain language as he tells the chilling story of his journey to justice on behalf of Freddie Pitts and Wilbert Lee, two Black men wrongfully convicted of murdering two white victims.... 2024
Samuel Moyn FROM ONE PARADIGM TO ANOTHER: THE JEWISH HISTORY OF RACE AND RELIGION IN INTERNATIONAL LAW 118 AJIL Unbound 114 (2024) Rabiat Akande's article, An Imperial History of Race-Religion in International Law, draws attention to the gap in frameworks of protection from religious discrimination, on the compelling rationale that much contemporary discrimination continues to work through racialization. And she provides a genealogy to show that this gap is not there by... 2024
Katherine Steefel FROM WHITEBOARD TO STATEMENT OF PRINCIPLES: THE DEVELOPMENT OF THE ROCKY MOUNTAIN COLLECTIVE ON RACE, PLACE & LAW'S PRINCIPLES 101 Denver Law Review 455 (Spring, 2024) Several weeks into my first fall semester as a faculty member at the University of Denver Sturm College of Law (Sturm), I received an email from Professor Rashmi Goel. The email, addressed to new faculty members, introduced the Rocky Mountain Collective on Race, Place & Law (RPL) and invited us to participate in the group. The barrier to entry was... 2024
David McKnight HALFWAY HOME: RACE, PUNISHMENT, AND THE AFTERLIFE OF MASS INCARCERATION BY REUBEN JONATHAN MILLER, BACK BAY BOOKS (2022) 48-JUL Champion 57 (July, 2024) The word justice suggests some harm repaired or some truth revealed . [but] it is clear to anyone paying attention that the legal system does not administer anything resembling justice but instead manages the nation's problemed population. Thus opens the book Halfway Home, announcing its basic premise. Omitted from this quote and peppered... 2024
Gabriela Dionisio HENDERSON AND THE OBJECTIVE OBSERVER STANDARD: THE FUTURE OF RACE-CONSCIOUS STANDARDS POST-STUDENTS FOR FAIR ADMISSIONS 48 Seattle University Law Review 255 (Fall, 2024) [The Supreme Court majority] upend the status quo based on their policy preferences about what race in America should be like, but is not, and their preferences for a veneer of colorblindness in a society where race has always mattered and continues to matter in fact and in law. --Justice Sotomayor C1-2Contents Introduction. 256 I. History and... 2024
Aziza Ahmed HIDDEN IN PLAIN SIGHT: REDEFINING THE FIELD OF NATIONAL SECURITY, RACE AND NATIONAL SECURITY. EDITED BY MATIANGAI SIRLEAF. OXFORD UNIVERSITY PRESS, 2023 15 Harvard National Security Journal 371 (2024) Throughout his campaign for presidency, Trump called for a ban on Muslims entering the United States. As President, he kept his word. Only days after he took office, the new administration released the first version of the Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States. The first Executive Order, however,... 2024
Emma McMillan HOW EXISTING PATENT REGULATIONS ENCOURAGE COMPETITION IN THE "SUPER SHOE" RACE 2024 Boston College Intellectual Property & Technology Forum 1 (5/15/2024) Abstract: Since Roger Bannister broke the four-minute mile barrier in the mid-1950s, the American public has become increasingly obsessed with achieving the impossible. In 2016, the U.S. Patent Office approved Nike's ground-breaking and controversial patent on its first of many super shoes, the Vaporfly, a shoe utilizing a new lightweight foam... 2024
The Hon. Marcia L. Silva (Ret.), Silva & Stahl, LLC HOW TO BECOME AN ANTI-RACIST LAWYER 351-DEC New Jersey Lawyer, the Magazine 10 (December, 2024) Racial justice and racial equity lawyering are important concepts nationally and especially in New Jersey. The New Jersey State Bar Association has taken concerted efforts on improving diversity, equity and inclusion through committees, education and trainings statewide. As a diversity committee member of the NJSBA, I am often asked how to apply... 2024
Randall K. Johnson HOW TO LIMIT THE DOWNSTREAM COSTS OF RACIALLY RESTRICTIVE COVENANTS 72 University of Kansas Law Review 587 (May, 2024) This article, which is part of the University of Kansas Law Review Symposium on the seventy-fifth anniversary of Shelley v. Kraemer, is the first to explain how a current successor in interest to a racially restrictive covenant may limit more of their own downstream costs through the use of self-help options. Downstream costs are any expenses that... 2024
Christina Scott , Amanda Cole IMAGINATION, HOPE, AND JOY: BUILDING RESILIENCE THROUGH TRAUMA-INFORMED TEACHING AND SELF-CARE IN ANTI-RACIST CLINICS 52 Journal of Law, Medicine & Ethics 271 (Summer, 2024) Keywords: Teaching, Anti-Racism, Self-Care, Trauma-Informed Teaching, Law Abstract: Teaching students to build resilience is necessary to keep imagining and fighting for a path towards social justice. To do so, clinicians can draw from the communities facing oppression and examine how they remain resilient despite oppression. Norrinda Brown Hayat... 2024
Jack Glaser IMPLICIT BIAS, SCIENCE, AND THE RACIAL JUSTICE ACT 29 Berkeley Journal of Criminal Law 17 (2024) Introduction. 17 I. Implicit Bias is Real.. 18 II. Implicit Bias Measures Are Not Clinically Diagnostic Tools.. 19 III. Implicit Bias and the Racial Justice Act. 21 IV. A Note on Statistical Significance. 25 Conclusion. 26 2024
Alex H. Serrurier INDIGENEITY IN THE CLASSROOM: AVENUES FOR NATIVE AMERICAN STUDENTS TO CHALLENGE ANTI-CRITICAL RACE THEORY LAWS 57 Columbia Journal of Law and Social Problems 543 (2024) Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and administrators. Native students have endured various forms of discrimination that range from forcible cutting of braids by peers to administrative bans on traditional regalia at graduation... 2024
Jordana R. Goodman , Paul R. Gugliuzza , Rachel Rebouché INEQUALITY ON APPEAL: THE INTERSECTION OF RACE AND GENDER IN PATENT LITIGATION 58 U.C. Davis Law Review 829 (December, 2024) Today, roughly 40% of U.S. lawyers are women, 15% are people of color, and 8% are women of color. Yet people of color, and women of all racial identities, rarely climb to the most elite levels of law practice. This Article, based on a first-of-its-kind, hand-coded dataset of the gender and perceived race of thousands of lawyers and case outcomes,... 2024
Lev E. Breydo INEQUITABLE INFRASTRUCTURE: AN EMPIRICAL ASSESSMENT OF FEDERALISM, CLIMATE CHANGE, AND ENVIRONMENTAL RACISM 102 North Carolina Law Review 1035 (May, 2024) This Article explains a critical, yet unexplored issue: How are some communities like Jackson--the 80% Black capital of Mississippi--often left without water or electricity, while their mostly white neighbors are not? The Article maps uncharted territory by interrogating the underlying causes of this disparity, untangling how three seemingly... 2024
Danielle M. Conway INSTITUTIONAL ANTIRACISM AND CRITICAL PEDAGOGY: A QUANTUM LEAP FORWARD FOR LEGAL EDUCATION AND THE LEGAL ACADEMY 75 Alabama Law Review 717 (2024) Introduction. 718 I. A Quantum Leap Back to the Start of Formal Legal Education. 724 II. A Quantum Leap Regression Owing To A Color Blind Eye. 731 III. Quantum Leap Toward Progress: Unapologetically Engage Institutional Antiracism and Critical Pedagogy. 734 A. Unapologetically Engage Institutional Antiracism. 734 B. Unapologetically Engage... 2024
S. James Anaya , Adrien K. Wing INTRODUCTION TO THE SYMPOSIUM ON RABIAT AKANDE, "AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW" 118 AJIL Unbound 103 (2024) Global efforts are underway to formulate a protocol to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that would extend its protections to religious discrimination. With momentum coming from national and international levels, the effort seeks an intersectional approach to address what Rabiat Akande... 2024
Chesa Boudin INTRODUCTION: RACIAL JUSTICE ACT SYMPOSIUM 29 Berkeley Journal of Criminal Law 1 (2024) Racial disparities in the criminal legal system are extreme, longstanding, and well-documented. To many observers [r]ace and racism seem pervasive in the criminal-justice system. Yet, since at least 1987, the U.S. Supreme Court has held that even stark racial disparities are not sufficient to establish an equal protection violation or obtain... 2024
Christoph Engel , Eyal Zamir IS TRANSPARENCY A BLESSING OR A CURSE? AN EXPERIMENTAL HORSE RACE BETWEEN ACCOUNTABILITY AND EXTORTIONARY CORRUPTION 78 International Review of Law & Economics 1 (June, 2024) JEL Classifications: C91 D02 D63 D73 H11 H26 H83 Keywords: transparency anonymity experiment sequential game tax evasion extortionary corruption If it is disclosed to a citizen which public official handles her case, this creates accountability. If the official abuses her authority, the citizen can report this misconduct to higher authority, which... 2024
Dayle Chung JEW v. UNIVERSITY OF IOWA: TITLE VII AND RACIALIZED SEXUAL HARASSMENT 27 Journal of Gender, Race and Justice 91 (Winter, 2024) Professor Jean Jew successfully waged a landmark gender discrimination lawsuit in federal district court after her colleagues targeted her with racialized and sexually explicit rumors. The case expanded the scope of sexual harassment jurisprudence, which had previously been limited to cases concerning sexual advances. This Article engages in an... 2024
Ash Kalra KEYNOTE SPEECH: RACIAL JUSTICE ACT SYMPOSIUM 29 Berkeley Journal of Criminal Law 7 (2024) Good evening, everyone. I want to start by thanking the Berkeley Criminal Law & Justice Center and the Berkeley Journal of Criminal Law for their work in hosting the 2024 Racial Justice Act Symposium. When I introduced the California Racial Justice Act in 2020, I did not expect that we would be having symposiums on this someday. It is a testament... 2024
Dewi Carolina Zamora Mendoza LA RELACIÓN ENTRE LA DISCRIMINACIÓN RACIAL Y LOS DERECHOS HUMANOS EN EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS: ESTÁNDARES ESTABLECIDOS VINCULADOS AL PRINCIPIO DE IGUALDAD Y NO DISCRIMINACIÓN 39 American University International Law Review 547 (2024) I. INTRODUCCIÓN. 548 II. ALCANCES DEL PRINCIPIO DE IGUALDAD Y NO DISCRIMINACIÓN. 552 III. ESTÁNDARES DE ACUERDO CON LOS INSTRUMENTOS DEL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS. 555 A. Declaración Americana de los Derechos y Deberes del Hombre. 555 B. Convención Americana sobre Derechos Humanos. 557 C. Convención Interamericana contra el... 2024
Louise Grégoire LAW ENFORCEMENT USE OF FACIAL RECOGNITION--A COMPARATIVE APPROACH BETWEEN THE UNITED STATES AND EUROPE TO TACKLE THE RACIAL BIAS OF FACIAL RECOGNITION AGAINST PEOPLE OF COLOR 39 American University International Law Review 415 (2024) I. INTRODUCTION. 416 II. FACIAL RECOGNITION USE BY LAW ENFORCEMENT AND ITS THREAT TO PEOPLE OF COLOR. 418 A. Racial Bias Within the Technology. 419 B. The Reinforcement of Racial Bias Within Law Enforcement. 424 III. HUMAN RIGHTS' IMPACTS. 427 A. Right to Privacy. 427 B. The Right of Assembly and Free Speech. 429 IV. THE INSUFFICIENCIES OF THE... 2024
John E. Rumel LET'S GET CRITICAL: THE RIGHTS AND OBLIGATIONS OF SCHOOL DISTRICT STAKEHOLDERS UNDER STATE LAWS LIMITING OR BANNING DISCUSSION OF CRITICAL RACE THEORY IN K-12 CLASSROOMS 2024 Brigham Young University Education and Law Journal 33 (April, 2024) Critical Race Theory has moved from the halls of academia to the center of a national debate about the role of teachers in instructing students about race, race relations and the United States' troubled history concerning those subjects. Addressing growing concerns over Critical Race Theory from the political right, state legislatures have... 2024
John Nidiry, Ruth Friedman LONG OVERDUE: THE NEED FOR AN EXAMINATION OF THE SPECTER OF RACIAL BIAS IN THE FEDERAL DEATH PENALTY SYSTEM 67 Howard Law Journal 225 (Spring, 2024) The specter of racial bias in the federal government's administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The... 2024
Jose Atiles, Department of Sociology, University of Illinois at Urbana-Champaign, Urbana, IL, USA, Email: jatiles@illinois.edu MAKING NEVER-NEVER LAND: RACE AND LAW IN THE CREATION OF PUERTO RICO. BY MÓNICA A. JIMÉNEZ. CHAPEL HILL: UNIVERSITY OF NORTH CAROLINE PRESS, 2024. PAPERBACK, ISBN 978-1-032-62881-3; HARDCOVER, ISBN 978-1-4696-7844-3 58 Law and Society Review 696 (December, 2024) Over the past decade, Puerto Rico (PR) has become a focal point for US media, politics, and academia. Since 2014, PR has endured an economic crisis, bankruptcy, hurricanes, earthquakes, and the COVID-19 pandemic. In 2016, the US Congress enacted the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), imposing the Financial... 2024
Eric Petterson MASS INCARCERATION, VIOLENT CRIMES, AND LENGTHY SENTENCES: USING THE RACE-CLASS NARRATIVE AS A MESSAGING FRAMEWORK FOR SHORTENING PRISON SENTENCES 55 Saint Mary's Law Journal 475 (2024) Introduction. 477 I. A Brief History of Prisons and Sentencing Policy in America. 480 A. Pre-Modern Prisons and Sentencing. 481 B. The Civil War Era. 482 C. Tough on Crime Racial Politics and the Rise of Mass Incarceration. 483 II. International Comparison of Sentencing Policy and Crime Rates. 487 A. America's Tough on Crime Policies Lead to... 2024
Prithika Balakrishnan MASS SURVEILLANCE AS RACIALIZED CONTROL 71 UCLA Law Review 478 (July, 2024) Incarceration has become the norm for those who assert their innocence. A staggering number of defendants are incarcerated prior to the adjudication of their cases--a reality that has become a central paradox of an American criminal justice system which holds axiomatic the presumption of innocence. Recent attempts to address pretrial mass... 2024
Akilah Folami MEERA E. DEO, UNEQUAL PROFESSION: RACE AND GENDER IN LEGAL ACADEMIA, REDWOOD CITY, CALIFORNIA: STANFORD UNIVERSITY PRESS, 2019, 256 PP., $26.00 (HARDCOVER) 73 Journal of Legal Education 254 (Fall, 2024) Meera Deo's book Unequal Profession: Race and Gender in Legal Academia provides the empirical data for what legal academics of color have professed for decades. We knew it was so, and Deo now proves it is so--it being the slights, the biases, the inequity in treatment, the invisibility (or, in my case, hypervisibility) of women of color academics... 2024
Paul J. Larkin , Charles D. Stimson , Thomas W. Spoehr MILITARY NECESSITY AND RACIAL DISCRIMINATION 22 Georgetown Journal of Law & Public Policy 547 (Summer, 2024) C1-3Table of Contents L1-2Introduction . L3548 I. The Military Service Academies' Admissions Policies. 552 A. The Federal Service Academies. 552 B. Oversight and Admissions. 555 C. Nominations and Appointments to Military Academies. 556 D. Admission to the USCGA and USMMA. 559 E. Additional Rules Requiring Race as a Consideration. 560 II. The... 2024
Kevin P. Lee MINDING THE GAP: AN INTRODUCTION TO EMPIRICAL CRITICAL RACE SCHOLARSHIP AND COMPLEXITY SCIENCE (WITH RESOURCES ON AGENT-BASED MODELING) 4 North Carolina Civil Rights Law Review 261 (Spring, 2024) This essay explores the potential for complexity science to bridge the epistemic gap between critical race theory (CRT) and empiricism. It begins by outlining the conflicting epistemologies of CRT, which values subjective knowledge rooted in narrative descriptions of lived experiences, and empiricism, which values objective analysis. This... 2024
Andrew Darcy NEW YORK CITY'S PUBLIC HOUSING PRESERVATION TRUST: THE CASE FOR CAUTIOUS OPTIMISM, NECESSITY, AND RACIAL JUSTICE 51 Fordham Urban Law Journal 745 (March, 2024) Introduction. 746 I. NYCHA's Role in Stabilizing New York City and Its Own Instability. 751 II. The Implications for Racial Justice and Fair Housing Obligations. 759 A. Race and Public Housing. 759 B. Place-Based Strategies to Affirmatively Furthering Fair Housing. 761 III. NYCHA's Preservation Efforts. 765 IV. Trust the Trust?. 770 A. Logistics... 2024
Nino C. Monea NEXT ON THE CHOPPING BLOCK: THE LITIGATION CAMPAIGN AGAINST RACE-CONSCIOUS POLICIES BEYOND AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS 33 Boston University Public Interest Law Journal 1 (Winter, 2024) Abstract. 4 Introduction. 4 I. The Legal Landscape. 6 A. University Admissions Precedent. 6 B. Other Affirmative Action Precedent. 8 C. Major Anti-Discrimination Laws. 8 D. The Plaintiffs. 10 II. Common Contested Issues in Affirmative Action Litigation. 14 A. Standing. 14 1. Injury. 14 2. Redressability. 16 3. Ripeness. 17 4. Mootness. 18 B.... 2024
Oded Y. Steinberg NINETEENTH-CENTURY CONTEXTUALIZATION OF "RACE-RELIGION" 118 AJIL Unbound 108 (2024) In her wide-ranging article, An Imperial History of Race-Religion in International Law, Rabiat Akande delves into the realms of history illustrating how the race-religion constellation became formative in current international law, specifically in Western discrimination toward minorities. As Akande writes, the legacy of that past survives in... 2024
Rachel Crass NOT WOMAN ENOUGH: HOW WORLD ATHLETICS' TREATMENT OF WOMEN WITH DIFFERENCES IN SEXUAL DEVELOPMENT VIOLATES THE OLYMPIC CHARTER AND THE UN'S CONVENTIONS AGAINST RACIAL DISCRIMINATION AND DISCRIMINATION AGAINST WOMEN 52 Denver Journal of International Law and Policy 315 (Spring, 2024) In 1966, in response to growing fears that men would attempt to pose as women to win medals in elite competition, the International Olympic Committee (IOC) began gender testing all female athletes through various visual and gynecological evaluations. These tests were quickly deemed to be too invasive and were replaced by other chemical and genetic... 2024
Lauren Gowler Off to the Races: Bill 31 The Horse Racing Regulatory Modernization Act (Liquor, Gaming and Cannabis Control Act and Pari-Mutuel Levy Act Amended) 46 Manitoba Law Journal 101 (2024) The Horse Racing Regulatory Modernization Act, otherwise known as Bill 31, was first introduced to the Manitoba Legislative Assembly in October 2020. This piece of legislation seeks to modernize the regulatory framework for thoroughbred and standardbred horse racing in the province. Its main goal is to switch the regulator for the horse racing... 2024
Tseming Yang OLD AND NEW ENVIRONMENTAL RACISM 2024 Utah Law Review 109 (2024) Over the past five decades, the U.S. Environmental Protection Agency (EPA) moved from purposeful disregard of environmental racism to a public embrace of environmental justice as an organizational priority. Unfortunately, its efforts to address environmental discrimination remain a work-in-progress. This Article posits that the Agency's core... 2024
Samuel R. Sommers ON RACIAL DIVERSITY AND GROUP DECISION MAKING: IDENTIFYING MULTIPLE EFFECTS OF RACIAL COMPOSITION ON JURY DELIBERATIONS VCFI0312 ALI-CLE Course Materials 65 (3/12/2024) FOR COPYRIGHT REASONS, THE MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE. SEE THE ALI-CLE COURSE HANDBOOK FOR THE OMITTED MATERIAL. 2024
Jennifer Meleana Hee OUR BODIES, OUR PRICE: ACCEPTING COMMODIFICATION AND RACIAL CATEGORIZATION IN ASSISTED REPRODUCTIVE TECHNOLOGY 39 Berkeley Journal of Gender, Law & Justice 56 (2024) I. Introduction. 56 A. Assisted Reproductive Technologies. 60 II. Social Justice Issues in the Fertility Industry. 63 III. Donor Compensation Structure. 65 IV. Current Landscape of Race and ART. 74 V. Racial Selection in ART. 79 VI. Diversifying the Egg Market. 84 VI. Conclusion. 89 2024
Matthew E. Moloshok PAPER TRAIL: RECENT PAPERS ON ANTITRUST AND STRUCTURAL RACISM 2024-FEB Antitrust Source 1 (February, 2024) Editor's Note: Two recent papers study how antitrust doctrine--past and present--contributes to structural economic racism, and how it could be changed to generate a fairer competitive landscape through antiracist policies. Is an antiracist antitrust feasible? Antitrust scholars pay attention to social movements. Occupy Wall Street prompted... 2024
Roland Neil , Joscha Legewie POLICING NEIGHBORHOOD BOUNDARIES AND THE RACIALIZED SOCIAL CONTROL OF SPACES 58 Law and Society Review 192 (June, 2024) (Received 17 October 2022; revised 11 July 2023; accepted 12 October 2023) Prior scholarship has established that controlling space is central to policing, while highlighting various ways in which this form of social control can be racialized. Extending this work, we advance a theory on the racialized control of space that predicts a higher level... 2024
Emily R. Edwards , Gabriella Epshteyn , Caroline K. Diehl , Danny Ruiz , Brettland Coolidge , Nicole H. Weiss , Lynda Stein PRISON OR TREATMENT? GENDER, RACIAL, AND ETHNIC INEQUITIES IN MENTAL HEALTH CARE UTILIZATION AND CRIMINAL JUSTICE HISTORY AMONG INCARCERATED PERSONS WITH BORDERLINE AND ANTISOCIAL PERSONALITY DISORDERS 48 Law and Human Behavior 104 (April, 2024) Objective: Borderline and antisocial personality disorders are characterized by pervasive psychosocial impairment, disproportionate criminal justice involvement, and high mental health care utilization. Although some evidence suggests that systemic bias may contribute to demographic inequities in criminal justice and mental health care among... 2024
Donald Braman , Jared Fishman , Lily Grier , Kevin Himberger , Jarvis Idowu , J.J. Naddeo , Rory Pulvino , Jess Sorensen , Joanie Weaver PROSECUTORS IN THE PASSING LANE: RACIAL DISPARITIES, PUBLIC SAFETY, AND PROSECUTORIAL DECLINATIONS OF PRETEXTUAL STOPS 61 San Diego Law Review 87 (February-March, 2024) C1-2Table of Contents Abstract. 88 I. Introduction. 89 II. The Rise of Pretextual Stops. 92 A. Pretextual Stops' Troubled History. 92 1. Modern Racial Politics and the Rise of Pretextual Stops. 93 2. Federal Support for Pretextual Stops. 95 3. Aggressive Order Maintenance Theories Legitimize Pretextual Policing. 98 4. The Supreme Court's... 2024
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