| Author | Title | Citation | Summary | Year |
| Victoria G. Walker |
SUBSIDIZING THE MICROCHIP RACE: THE EXPANDING USE OF NATIONAL SECURITY ARGUMENTS IN INTERNATIONAL TRADE |
57 University of Michigan Journal of Law Reform 661 (Spring, 2024) |
C1-2Table of Contents Introduction. 662 I. National Security Under International Trade Law. 666 A. The Role of International Law in Regulating State Economic Behavior. 667 B. The Article XXI Security Exception. 672 1. Uncertainty in the Text of Article XXI. 672 2. Interpreting Article XXI. 675 3. The Aftermath of Traffic in Transit and Steel and... |
2024 |
| LeRoy Pernell |
SUPPRESSING LEARNING ABOUT RACE AND LAW: A NEW BADGE OF SLAVERY - A BRIEF COMMENTARY |
29 National Black Law Journal 1 (2024) |
Professor of Law, Florida Agricultural and Mechanical University College of Law, Professor Emeritus, Northern Illinois University College of Law, J.D. The Ohio State University College of Law (1974), B.A. Government, Franklin and Marshall College, (1971). C1-2Table of Contents The National War on Learning About Race and Law. 4 Silenced Like a Slave... |
2024 |
| Aaren N. Cassidy, Ed.D. , Steven L. Nelson, J.D., Ph.D. |
TAKEOVER AS THE THIRD WAY: RACE AS THE ANTECEDENT AND CONSEQUENCE OF STATE TAKEOVER OF PUBLIC SCHOOLS AND SCHOOL DISTRICTS |
27 Harvard Latin American Law Review 1 (Spring, 2024) |
State takeovers of public schools and districts have been on the rise for decades leaving a trail of wreckage disproportionately impacting Black and Brown communities across the United States. States have claimed state takeovers of public schools and districts are the optimal solution for state-declared failing schools. However, these contentious... |
2024 |
| Jeffrey Selbin, Gus Patel-Tupper |
TAXING VULNERABLE CHILDREN AND FAMILIES THROUGH STATEGRAFT: IT IS TIME TO END RACIALIZED WEALTH EXTRACTION IN FOSTER CARE |
2024 Wisconsin Law Review Forward 69 (2024) |
As unjust and counterproductive public policies go, taxing vulnerable children and families is among the worst. For years, experts have been sounding the alarm that foster care child support--making parents pay the state when it takes away their children--is bad family policy and fiscal policy. Importantly, critics have also pointed to the myriad... |
2024 |
| Laura Cohen |
THE ANTI-RACIST IMPERATIVE OF INFANCY |
19 Northwestern Journal of Law & Social Policy 177 (Spring, 2024) |
In 2019, a widely disseminated video of the arrest of a six-year-old girl in her Florida elementary school provoked outrage across the country. The footage shows the girl sobbing as an armed police officer in full uniform and bullet-proof vest handcuffs and leads her from the principal's office to a waiting patrol car. Her crime was having a temper... |
2024 |
| Julia Steggerda-Corey |
THE CASE FOR NCAA LIABILITY FOR SPECTATOR RACIAL HARASSMENT OF ATHLETES |
31 Jeffrey S. Moorad Sports Law Journal 1 (2024) |
Introduction. 1 I. The History of Spectator Harassment. 5 A. The NCAA's Role in Supporting & Protecting Athletes. 12 B. The Role of Member Institutions in Supporting & Protecting Athletes. 13 C. The Joint Responsibility of the NCAA & Member Institutions. 17 II. The Athlete Experience. 19 A. Managing Racism. 20 B. Economic Burden. 28 C. The... |
2024 |
| Blair T. Page |
THE COLOR OF MONEY: HOW OUR BROKEN CAMPAIGN FINANCE SYSTEM FUELS RACIAL INEQUALITY |
30 William and Mary Journal of Race, Gender, and Social Justice 385 (Winter, 2024) |
The laws upholding our campaign finance system are inadequate and under-enforced. These problems are felt disproportionately by African American voters. Election law experts agree that the structure and enforcement authority of the Federal Election Commission (FEC) severely limits the ability of the agency to achieve its goals. Several Supreme... |
2024 |
| Jon C. Dubin |
THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE |
35 Stanford Law and Policy Review 104 (February, 2024) |
The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... |
2024 |
| Ciji Dodds |
THE CONSTITUTION AS A RACIAL CONTRACT |
28 University of Pennsylvania Journal of Law and Social Change 19 (2024) |
Introduction: Eternal Vigilance 19 I. America's Racial Contract 28 A. The Terms of the Agreement 28 B. Principles of Interpretation 31 C. The Subsidiary Slavery Contract 33 D. The Blue Gaze and Racialized Policing: The Criminalization of Black Freedom, Resistance, Insurrection, and Agency 34 II. Animate Capital: The Slave Trade Clause 36 III. A... |
2024 |
| Kumar Ramanathan , Matthew D. Nelsen |
THE DIGNITARY HARMS OF RACISM IN PUBLIC EDUCATION: EXPANDING THE LENS OF BROWN BEYOND SEGREGATION |
73 Cleveland State Law Review 85 (2024) |
Reflecting on the 70th anniversary of Brown v. Board of Education, we reconsider the landmark ruling's conception of dignitary harm in public education. In its argument against the separate-but-equal standard that undergirded segregated schools in the South, the Supreme Court focused on the psychological harm that segregation imposed on Black... |
2024 |
| Thomas Ward Frampton , Brandon Charles Osowski |
THE END OF BATSON? RULEMAKING, RACE, AND CRIMINAL PROCEDURE REFORM |
124 Columbia Law Review 1 (January, 2024) |
On January 1, 2022, the Arizona Supreme Court announced the most radical change to the American jury in nearly thirty-five years: the elimination of peremptory strikes. Arizona's move is part of a broader trend of states experimenting with new ways to counter racial exclusion in the selection of juries after decades of federal inaction. Perhaps as... |
2024 |
| Chenglin Liu |
THE EVOLUTION OF RACE-BASED ADMISSIONS IN AMERICAN HIGHER EDUCATION |
51 Ohio Northern University Law Review 77 (2024) |
This Article examines the Supreme Court's evolving position on race-based admissions policies over the past 127 years. Between Plessy and Brown, universities used race-based policies to exclude black applicants from white universities. Brown shifted admissions policies from blocking black students to accepting them. As affirmative action gained... |
2024 |
| Ciji Dodds |
THE EXIGENCIES OF BLACK EXISTENCE: THE BLUE GAZE, THE STATE OF EXCEPTION, & RACIALIZED POLICING IN CARCERAL INTERNAL COLONIES |
104 Boston University Law Review 233 (February, 2024) |
I. The Blue Gaze. 241 II. The Racialized State of Exception. 245 III. Carceral Internal Colonies. 255 A. Legal Black Holes. 256 B. The Carceral Space: Residential Segregation & Hypersegregation. 257 C. Racialized Policing as Governance. 262 1. Anomic Violence. 263 2. Status-Oriented Violence. 264 3. Juridical Violence. 265 4. The Absence of... |
2024 |
| Zepeda |
THE FAILURE OF LITIGATION TO CHALLENGE RACISM IN HEALTH CARE |
29 National Black Law Journal 77 (2024) |
In this article, I use a critical race approach and a civil rights of health framework to examine the role of racism in medical treatment, specifically of Black women. Because racism is built into our institutions, widespread in our culture, and influences our beliefs and behavior, it is necessary to recognize and understand its universal presence... |
2024 |
| Corey Brady |
THE FEAR OF TOO MUCH JUSTICE: RACE, POVERTY, AND THE PERSISTENCE OF INEQUALITY IN THE CRIMINAL COURTS BY STEPHEN BRIGHT, JAMES KWAK & BRYAN STEVENSON |
98-APR Florida Bar Journal 51 (March/April, 2024) |
The Fear of Too Much Justice is an incisive, thoroughly researched, and ultimately devastating critique of the American criminal justice system. In each chapter, the authors marshal statistics and case studies to show how the system--from arrest to trial to prison and beyond--dispenses anything but blind justice. The book is a damning indictment... |
2024 |
| Tallin Moyer |
THE FIGHT FOR REPRODUCTIVE JUSTICE AFTER DOBBS: RACE AND REPRODUCTION AS CARCERAL TOOLS |
33 Southern California Review of Law & Social Justice 131 (Spring, 2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 132 II. EVER-SHIFTING BUT EVER-PRESENT: THE HISTORICAL CONTROL OF BLACK WOMEN AND THEIR BODIES. 133 A. The Control and Stereotyping of Black Women's Bodies During Slavery. 133 B. Controlling the Black Population Through Involuntary Sterilization. 134 C. The Carceral State: De Facto Slavery Evolved. 135 III.... |
2024 |
| Sydney Baker , Emily Haney-Caron , Keisha April , Johanna Hellgren |
THE IMPACT OF RACE ON PREDICTORS OF PARENTS' ADVICE TO CHILDREN REGARDING MIRANDA WAIVERS |
30 Psychology, Public Policy, and Law 288 (August, 2024) |
Judges often use parental presence to support the validity of youth Miranda waivers, despite a lack of supporting research. Research on factors that influence parents' behavior during youth interrogation is limited and does not account for the impact of race. The current study involved presenting 763 parents with vignettes in which their child was... |
2024 |
| Nisa R. Sheikh |
THE INEFFECTIVENESS OF THE BATSON CHALLENGE: TEXAS' STRUGGLE WITH RACIAL DISCRIMINATION IN JURY SELECTION AND PATHS TO REFORM |
43 Review of Litigation 317 (Spring, 2024) |
I. Abstract and Thesis. 319 II. Introduction. 320 A. What are peremptory strikes and how many do the defense and prosecution get?. 320 B. What is the Batson Test?. 320 III. Flaws in the Current Test. 321 A. The current test requires a very high burden of proof. 321 B. It is almost impossible to show racist intent.. 323 C. Race-neutral reasons for... |
2024 |
| Ekaterina (Katya) Moiseeva |
THE LOGIC OF NIMBYISM: CLASS, RACE, AND STIGMA IN THE MAKING OF CALIFORNIA'S LEGAL CANNABIS MARKET |
49 Law and Social Inquiry 1107 (May, 2024) |
This article explores how not-in-my-backyard (NIMBY) sentiments affect the implementation of new cannabis laws in California cities. Despite increasing legality and growing social tolerance, the actual status of cannabis remains controversial. Large segments of the population and local authorities remain uncomfortable with the use of cannabis and... |
2024 |
| Sonora Windermere, Kenneth B. Nunn, J.D. , Supervised |
THE MEDICAL AND LEGAL PLIGHT OF SICKLE CELL PATIENTS A CASE STUDY OF RACIAL DISPARITIES IN HEALTH CARE AND THE POTENTIAL LEGAL REMEDIES |
21 Indiana Health Law Review 83 (2024) |
Introduction Section 1: Why Are SCD Patients Under-treated? 1.1 - Opioids Work, but How 1.2 - Mislabeled Addiction Leads to Mistreated Pseudoaddiction 1.3 - Racially Biased Medical Treatment Is Poor Treatment 1.3.1 - Racialized Research Created a Hard Habit to Quit 1.3.2 - Get Race Out of Medical Decisions 1.3.3 - When Racial Bias Goes from Paper... |
2024 |
| Stevie J. Swanson |
THE METAMORPHOSES OF RACIAL DISCRIMINATION IN AMERICAN REAL ESTATE |
42 Minnesota Journal of Law & Inequality 183 (Summer, 2024) |
Many students come to law school hoping to obtain the skills to make the world a better place. Figuring out the best way to effectuate positive change begins with understanding the past. It is impossible to fully comprehend the present racial disparities in American real estate without clarity about past injustices. This Article focuses on aspects... |
2024 |
| Olatunde C.A. Johnson |
THE MISSING HALF: REVISITING MONETARY REMEDIES TO REDRESS RACIAL SEGREGATION |
59 Harvard Civil Rights-Civil Liberties Law Review 277 (Spring, 2024) |
This Essay considers whether courts should have awarded monetary remedies in housing desegregation cases. By examining the relief awarded in public housing desegregation cases brought in United States federal courts between 1966 and 1994, this Essay reveals the limitations of the almost exclusive reliance on forward-looking integration relief as a... |
2024 |
| Nicholas J. Johnson |
THE MODERN ORTHODOXY IS A FAILED EXPERIMENT: TOWARD A RACE SENSITIVE, HARD LOOK AT FIREARMS POLICY AND THE BLACK COMMUNITY |
14 UC Irvine Law Review 1209 (October, 2024) |
This article extends the work on firearms and the Black community through an expanded critique of Black allegiance to the progressive gun control agenda. I have argued that this modern orthodoxy is at odds with the history of, and longstanding justifications for, Black distrust of the state. This article extends that argument in light of more... |
2024 |
| Katheryn Russell-Brown |
THE MULTITUDINOUS RACIAL HARMS CAUSED BY FLORIDA'S ANTI-DEI AND "STOP WOKE" LAWS |
51 Fordham Urban Law Journal 785 (March, 2024) |
Since 2021, Florida has passed legislation that radically redefines how educators address race-related topics in the university classroom. Two laws in particular, House Bill 7 (HB 7 or the Stop WOKE Act) and Senate Bill 266 (SB 266), which outlaws diversity, equity, and inclusion (DEI) programs at Florida universities, have led the charge. The... |
2024 |
| Julnasha Morehead |
THE NEED FOR ANTIRACIST EDUCATION AMID TRENDS TOWARD TOTALITARIANISM AND A CONSTITUTIONAL CRISIS |
18 DePaul Journal for Social Justice 1 (Autumn, 2024) |
Narratives from the past play a vital role in shaping our present and future. Attacks on diversity in education, the workplace, and general society highlight the intent of legislators to silence diverse historical realities and supplant tired tropes that serve to divide and concentrate power. Anti-diversity legislation with titles such as Stop... |
2024 |
| Priscilla A. Ocen |
THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING |
29 National Black Law Journal 35 (2024) |
This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... |
2024 |
| Ginevra Le Moli , Jorge E. Viñuales |
THE NEXT GENERATION EU PROGRAM IN THE "GLOBAL RACE TO THE (GREEN) TOP" |
118 AJIL Unbound 182 (2024) |
One significant dimension of the Next Generation EU program (NGEU) is its role in the broader context of the transition toward a low-carbon and environmentally sustainable economy and, specifically, in the global competition among major jurisdictions to become leaders in the key green industrial sectors. In this contribution we analyze this... |
2024 |
| Mohamed Akram Faizer |
THE OPPORTUNITY PRESENTED BY THE END OF RACE-CONSCIOUS ADMISSIONS IN HIGHER EDUCATION |
27 CUNY Law Review 220 (Summer, 2024) |
In their seminal study of why there are so few Black attorneys at corporate law firms, Professors David Wilkins and Mitu Gulati provide us with some discomfiting truths about hiring and promotion at the major law firms. The first is that firm recruitment focuses very little on substantive legal knowledge and instead focuses on grades and pedigree... |
2024 |
| Colleen V. Chien , William A. Sundstrom , Yabo Du , Akhil Raj , Bennett Cyphers , Rayna Saron |
THE PAPER PRISONS RACIAL JUSTICE ACT DATA TOOL |
29 Berkeley Journal of Criminal Law 29 (2024) |
The California Racial Justice Act provides a novel basis for challenging racial disparities in charging, conviction, and sentencing, even in the absence of explicit intent to discriminate. However, the lack of accessible data demonstrating a significant difference in outcomes for similarly situated defendants across racial groups has hindered... |
2024 |
| Angela Thompson |
THE PEOPLE UNITED: UNIONS AS RACIAL AND GENDER JUSTICE ORGANIZATIONS |
45 Berkeley Journal of Employment and Labor Law 105 (2024) |
I want to start by thanking the Berkeley Journal of Employment & Labor Law for this incredible honor. I am deeply appreciative of the invitation to join the ranks of previous Feller lecturers. I also want to acknowledge the incredible contribution that David Feller made to the practice of labor law. He inspired a generation of labor lawyers. I hope... |
2024 |
| Rachel F. Moran |
THE PERENNIAL ECLIPSE: RACE, IMMIGRATION, AND HOW LATINX COUNT IN AMERICAN POLITICS |
61 Houston Law Review 719 (Symposium 2024) |
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age... |
2024 |
| Cedric Merlin Powell |
THE POST-RACIAL DECEPTION OF THE ROBERTS COURT |
77 SMU Law Review 7 (Winter, 2024) |
Students for Fair Admissions v. Harvard/UNC (SFFA) is a post-racial deception unmoored from precedent and societal reality. SFFA deceives the polity and signals an all out assault on anti-discrimination law. To preserve its institutional legitimacy, the Roberts Court promotes doctrinal and conceptual distortions--post-racial deceptions of... |
2024 |
| Taonga Leslie , Claire Comey |
THE PROMISE OF LIVED EXPERIENCE: ASSESSING RACE AND MERIT AFTER SFFA |
20 Northwestern Journal of Law & Social Policy 58 (Fall, 2024) |
70 years after Brown, students of color remain underrepresented in U.S. colleges and universities and in professions like law, medicine, business, and academia, which, in turn, drives inequitable social and economic outcomes. Recent Supreme Court decisions threaten to further exacerbate this inequity by preventing schools from considering race when... |
2024 |
| Meredith Fulton |
THE RACE AGAINST RENT: A LOOK INTO WHY PREEMPTIVE BANS ON RENT REGULATION SHOULD BE LIFTED IN INDIANA |
58 Indiana Law Review 159 (2024) |
The Rent is Too Damn High! A scream heard across the country as the median rent in the United States rises to over $2,000 a month for the first time in the nation's history. Rent prices are rising faster than they have in over thirty-five years, and most renters are spending more money on rent and utilities each month than anything else. With... |
2024 |
| Catherine Zhou |
The Racialisation of Constitutional Alienage |
47 Melbourne University Law Review 723 (2024) |
This article argues that the High Court of Australia has overlooked the racial dimensions that were critical to the passage of the aliens power at Federation and central to its discriminatory application in the years beyond. By tracing the legal history of s 51(xix) of the Australian Constitution, this article posits that subjecthood and race are... |
2024 |
| Kindaka Sanders |
THE RED PILL: CRITICAL RACE THEORY, OSTRICH LAWS, AND THE 14TH AMENDMENT RIGHT TO FREE AND EQUAL THOUGHT AND DIGNITY |
55 Saint Mary's Law Journal 147 (2024) |
I. Introduction. 148 II. Critical Race Theory. 157 III. Ostrich Laws. 164 IV. The Enlightenments. 170 A. The European Enlightenment. 170 B. American Enlightenment. 177 C. Freemasonry and the Founding Fathers. 190 V. The American Matrix. 204 VI. The First Amendment Right to Receive Information. 210 VII. Fourteenth Amendment Right to Free and Equal... |
2024 |
| Travis Crum |
THE RIDDLE OF RACE-BASED REDISTRICTING |
124 Columbia Law Review 1823 (October, 2024) |
The Supreme Court has adopted divergent interpretations of the Equal Protection Clause as applied to race and redistricting. Vote dilution doctrine requires mapmakers to consider race to ensure that racial minorities are not packed or cracked. Congress, moreover, has embraced vote dilution doctrine in Section 2 of the Voting Rights Act. By... |
2024 |
| Kevin Brown |
THE RISE AND FALL OF THE CONSIDERATION OF RACE AND ETHNICITY IN THE ADMISSIONS PROCESS: THE LONG-TERM NEGATIVE CONSEQUENCES OF THE FALL |
100 Indiana Law Journal 289 (Fall, 2024) |
Introduction. 292 I. The Long-Term Negative Consequences of the Initial Explanation of Taking Account of Race in the Admissions Process. 300 A. The Harm of Segregation Articulated by the Court in Brown v. Board of Education. 301 B. The Harms of Segregation that Brown Left Out. 305 C. How a Proper Understanding of Affirmative Action Would Have... |
2024 |
| Ming Hsu Chen |
THE ROAD NOT TAKEN: A CRITICAL JUNCTURE IN RACIAL PREFERENCES FOR NATURALIZED CITIZENSHIP |
65 William and Mary Law Review 1137 (April, 2024) |
In The Free White Person Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel Jack Chin and Paul Finkelman argue that racist results in naturalization have arisen despite, or maybe because of, the race neutral interpretation. This happened in a manner that could have been predicted by the federal government's attitudes toward... |
2024 |
| Daniel S. Harawa |
THE SECOND AMENDMENT'S RACIAL JUSTICE COMPLEXITIES |
108 Minnesota Law Review 3225 (June, 2024) |
The relationship between the Second Amendment and racial justice is complicated. That's because the relationship between penal administration and racial justice is complicated. The briefing in New York State Rifle & Pistol Association v. Bruen perfectly proves this point. A group of public defenders favored striking down New York's concealed carry... |
2024 |
| Tiffany Williams Brewer |
THE SWORD AND THE SCALE: MODEL RULE 8.4(G) AS A TOOL OF RACIAL JUSTICE IN THE LEGAL PROFESSION |
128 Dickinson Law Review 501 (Winter, 2024) |
Lady Justice. Have you seen her? Standing regal and tall with blindfolded eyes. A sword in one hand and a scale in the other. Her image represents a symbol of hope and idealism in protecting and delivering her virtues. Lawyers enter this noble profession to do right by her and carry on her legacy. We serve our clients with the aim that she will... |
2024 |
| Omnia A. Shedid |
THE TERMS & CONDITIONS OF THE 21 CENTURY SPACE RACE: HOW REVISITING THE 1974 REGISTRATION CONVENTION CAN SUPPORT INTERNATIONAL SPACE EXPLORATION |
39 Syracuse Journal of Science & Technology Law 175 (2023-2024) |
Space exploration is rapidly changing and advancing, yet space law and policy remains stagnant. While countries may be considering new ways to approach space exploration domestically, the same considerations are not readily offered to international laws controlling space exploration. Currently, five United Nations agreements serve as the main... |
2024 |
| Valerie Slater |
THE TROUBLING INTERSECTION OF RACE, DISABILITIES, AND YOUTH INCARCERATION IN VIRGINIA |
27 Richmond Public Interest Law Review 37 (5/17/2024) |
Erin Sweet: Okay everyone, if we could all please grab our seats, so we can get ready for the next session to start. Uh next up we'll have Valerie Slater, and she is presenting The Troubling Intersection of Race, Disabilities, and Youth Incarceration in Virginia. Ms. Slater leads the Rise for Youth coalition and advocates for the rights of... |
2024 |
| Rosie Fatt |
THE USE OF PROCEDURAL RULES TO SILENCE MINORITY PARTY DISSENT IN THE TENNESSEE STATE LEGISLATURE AND ITS RACIALLY DISCRIMINATORY ROOTS |
32 Journal of Law & Policy 77 (2024) |
To all you who still believe that the best days for democracy are ahead . I want to tell you that I still believe with you. - Justin J. Pearson The expulsion of two young Black legislators, Justin Jones and Justin J. Pearson, from the Tennessee General Assembly in April 2023 was not an aberration. This Note argues that the expulsions follow a... |
2024 |
| |
TITLE VI--COLLEGE ADMISSIONS--COMMUNITY GROUPS ARGUE HARVARD'S LEGACY AND DONOR ADMISSIONS POLICY IS ILLEGAL RACE DISCRIMINATION.--COMPLAINT UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, CHICA PROJECT v. PRESIDENT & FELLOWS OF HARVARD COLLEGE (OFF. FOR |
137 Harvard Law Review 1272 (February, 2024) |
In 2004, reporters asked then-President George W. Bush if he believed colleges should eliminate the practice of preferencing children of alumni, known as legacy students, in their admissions processes. President Bush, perhaps one of America's most famous legacy students, responded succinctly: Well, I think so, yes. He was not alone; support among... |
2024 |
| Carleen Zubrzycki |
TORT(?) ARMS RACES: ABORTION AND BEYOND |
73 DePaul Law Review 705 (Winter, 2024) |
The Supreme Court's decision to eradicate constitutional protections for abortion has led to an array of new civil actions, from opponents and proponents of abortion alike, as both sides have turned to novel causes of action to promote their agendas. On the one side, states like Texas rely on expansive, bounty-hunter style causes of action that... |
2024 |
| Riley Freedman |
TRANSPORTATION RACISM AND STATE-CREATED DANGER: A CIVIL RIGHTS LITIGATION STRATEGY FOR PEDESTRIANS HARMED BY TRAFFIC VIOLENCE |
99 Washington Law Review 919 (October, 2024) |
Abstract: Pedestrian fatality rates in the United States are markedly high compared to peer nations and are on the rise. The distribution of these deaths shows an alarming racial gap: Black pedestrians are twice as likely to be killed compared to white pedestrians. One significant factor that explains the disparity is the greater presence of wide,... |
2024 |
| Diane Heckman, J.D. |
U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: PHASE TWO AFFIRMATIVE ACTION CASES ERADICATING SUCH USAGE IN COLLEGE ADMISSIONS |
417 West's Education Law Reporter 1 (1/18/2024) |
I. Introduction II. Phase Two Manufactured Affirmative Action Cases III. Harvard College Case A. Background B. District Court Decision C. First Circuit Court Decision IV. The Supreme Court Grants Certiorari A. Procedurally 1. Granting Certiorari 2. Consolidation and Severance B. Pointillism: The Current Court's Composition 1. Chief Justice John G.... |
2024 |
| Diane Heckman, J.D. |
U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: THE BACK STORY AND PHASE ONE AFFIRMATIVE ACTION CASES |
416 West's Education Law Reporter 749 (1/4/2024) |
I. Introduction II. Background of the UNC and Harvard College Cases III. Race Considerations in This Country IV. Pivotal Fourteenth Amendment Equal Protection Clause Education Case: Brown v. Board of Education V. Supreme Court's Earlier Phase One Cases Involving Education, Affirmative Action, and the Fourteenth Amendment A. Proponents Versus... |
2024 |
| Catherine Zhou , William Ruan |
Unearthing Language Rights Protections in the Racial Discrimination Act 1975 (Cth) |
46 Sydney Law Review 293 (September, 2024) |
The Racial Discrimination Act 1975 (Cth) (RDA) has been ineffective at preventing discrimination based on language. Australian courts have adopted narrow approaches to deny language-based claims by misconstruing the relationship between language and racial discrimination. These approaches portray language as an individual characteristic, subject... |
2024 |