| Author | Title | Citation | Summary | Year |
| Jolie Zangari |
THE FEAR OF TOO MUCH JUSTICE: RACE, POVERTY, AND THE PERSISTENCE OF INEQUALITY IN THE CRIMINAL COURTS, PROFESSIONAL PRACTICE/NONFICTION, STEPHEN B. BRIGHT AND JAMES KWAK, AUTHORS (THE NEW PRESS) |
38-FALL Criminal Justice 42 (Fall, 2023) |
Written by the legendary death penalty defense attorney Stephen B. Bright and legal scholar James Kwak, this book brings to light the most significant injustices that have occurred in the American criminal justice system in a clear and unavoidable manner--for example, shocking portrayals of innocent people being sentenced to death, racial... |
2023 |
| Brenda D. Gibson |
THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY |
26 CUNY Law Review 172 (Summer, 2023) |
I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... |
2023 |
| Logan Ewanation, Evelyn M. Maeder, Institute of Criminology and Criminal Justice, Carleton University |
THE INFLUENCE OF RACE ON JURORS' PERCEPTIONS OF LETHAL POLICE USE OF FORCE |
47 Law and Human Behavior 53 (February, 2023) |
Objective: Many highly publicized police use-of-force encounters have recently occurred in the United States. This project primarily explored whether officer, juror, or victim race affects verdicts in trials involving police use of force. Hypotheses: Because of recent conflicting research surrounding race and juror decision-making, we conducted an... |
2023 |
| Mark S. Brodin |
THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE |
106 Marquette Law Review 593 (Spring, 2023) |
White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... |
2023 |
| Abby M. Fink |
THE LONG ROAD TO JUSTICE: WHY STATE COURTS SHOULD LOWER THE EVIDENTIARY BURDEN FOR PROVING RACIALIZED TRAFFIC STOPS AND ADOPT THE EXCLUSIONARY RULE AS A REMEDY FOR EQUAL PROTECTION VIOLATIONS |
13 Washington Journal of Social & Environmental Justice 1 (February, 2023) |
Racist and brutal policing continues to pervade the criminal legal system. Black and brown people who interact with the police consistently face unequal targeting and treatment. Routine traffic stops are especially dangerous and harmful and can lead to death. Under Whren, a police officer's racist motivations or implicit bias towards a driver do... |
2023 |
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
| Marc Spindelman |
THE NEW INTERSECTIONAL AND ANTI-RACIST LGBTQIA+ POLITICS: SOME THOUGHTS ON THE PATH AHEAD |
15 ConLawNOW 1 (2023) |
Something remarkable has been happening lately inside LGBTQIA+ communities and movements. It involves the widespread stirring and shifting of individual and collective political consciousness in directions and to a scale not seen before. These changes to LGBTQIA+ consciousness--and the politics they are producing-- would not be happening without... |
2023 |
| Devin E. Miller |
THE NEW SPACE RACE: EXPLORATION AND EXPLOITATION IN THE COMMONS OF THE TWENTY-FIRST CENTURY |
50 Syracuse Journal of International Law and Commerce 153 (Spring, 2023) |
On October 4, 1957, the USSR launched the Earth's first artificial satellite, Sputnik, into low Earth orbit. Unbeknownst to the Kremlin and amid a cold war with the United States, the USSR had inaugurated the space age. The United States military, scientific community, and government were caught off guard by the Soviet technological achievement... |
2023 |
| Sarah Mikva Pfander |
THE PATH TO MUNICIPAL LIABILITY FOR RACIALLY DISCRIMINATORY POLICING |
69 UCLA Law Review 1270 (January, 2023) |
Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic... |
2023 |
| Naomi Cahn |
THE POLITICAL LANGUAGE OF PARENTAL RIGHTS: ABORTION, GENDER-AFFIRMING CARE, AND CRITICAL RACE THEORY |
53 Seton Hall Law Review 1443 (6/12/2023) |
This Article explores how the rhetoric of parental rights has been deployed to override minors' access to abortion, gender-affirming care, and education about critical race theory and gender identity. The overruling of Roe v. Wade and controversies over gender-affirming care and appropriate material to be taught in schools have highlighted... |
2023 |
| Vanessa Miller, Frank Fernandez, Neal H. Hutchens |
THE RACE TO BAN RACE: LEGAL AND CRITICAL ARGUMENTS AGAINST STATE LEGISLATION TO BAN CRITICAL RACE THEORY IN HIGHER EDUCATION |
88 Missouri Law Review 61 (Winter, 2023) |
Anti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (CRT) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets... |
2023 |
| Kamari Koonce |
THE RACE TO NET ZERO: HOW ESG INVESTORS ARE DRIVING CORPORATIONS TO ETHICALLY LOWER GREENHOUSE GAS EMISSIONS |
46-SPG Environs Environmental Law and Policy Journal 111 (Spring, 2023) |
Scientists, economists, lawyers, government officials, and environmentalists have struggled for decades to answer why climate change is hard to fix. There is no absolute answer to this question because there are many factors that increase global temperature. However, one undeniable fact is that corporations are one of the primary emitters of... |
2023 |
| I. India Thusi |
THE RACIALIZED HISTORY OF VICE POLICING |
69 UCLA Law Review 1576 (September, 2023) |
Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States--such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and... |
2023 |
| Madalyn K. Wasilczuk |
THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE |
111 Georgetown Law Journal 1125 (May, 2023) |
C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... |
2023 |
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
| Jancy Nielson, Esq. |
THE SLOW RACE: ACHIEVING EQUITY THROUGH LEGISLATIVE AND AGENCY MINORITY IMPACT STATEMENTS |
41 Minnesota Journal of Law & Inequality 45 (Summer, 2023) |
The Iowa Legislature enacted the nation's first minority impact statement legislation in 2008. This legislation came after a study by Marc Mauer from the Sentencing Project ranked Iowa as the worst state in the country for racially disproportionate incarceration. Former Iowa State Representative Wayne Ford championed this legislation in Iowa, which... |
2023 |
| Peter S. Lehmann, Department of Criminal Justice and Criminology, Sam Houston State University |
THE TRIAL TAX AND THE INTERSECTION OF RACE/ETHNICITY, GENDER, AND AGE IN CRIMINAL COURT SENTENCING |
47 Law and Human Behavior 201 (February, 2023) |
Objective: Prior research consistently demonstrates that defendants convicted at trial are sentenced more harshly than those who plead guilty. Additionally, a vast literature has shown that Black and Hispanic defendants, and especially young minority males, are particularly disadvantaged in sentencing, though these effects may be conditional on... |
2023 |
| Sharon Press , Richard Frase , Juanita Freeman |
THE TRUTH AND ACTION PROJECT: ADDRESSING SYSTEMIC RACISM IN THE CRIMINAL JUSTICE SYSTEM IN MINNESOTA |
38 Ohio State Journal on Dispute Resolution 539 (2023) |
I. Introduction II. Transitional Justice v. Restorative Justice III. Truth and Action Project A. Scope B. Advisory Committee and Work Groups 1. Community Engagement a. Community Listening Sessions 2. Story Collection 3. Data Collection a. Arrests b. Charging IV. Conclusion I think the biggest challenge is that white people, we want to go faster,... |
2023 |
| Shiv Narayan Persaud |
TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS |
18 University of Massachusetts Law Review 79 (Winter, 2023) |
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... |
2023 |
| SpearIt |
UNDERSTANDING AN AMERICAN PARADOX: AN OVERVIEW OF THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM |
50 Hastings Constitutional Law Quarterly 141 (March, 2023) |
C1-2Table of Contents I. Prologue to a Paradox: Religious Liberty in America. 141 II. The Text and Central Argument. 142 III. Unveiling Mechanics of Oppression. 143 IV. Moving Beyond the Racial Muslim. 145 |
2023 |
| Muhammad Hamza Habib |
UNDER-TREATMENT OF PAIN IN BLACK PATIENTS: A HISTORICAL OVERVIEW, CASE-BASED ANALYSIS, AND LEGALITIES AS EXPLORED THROUGH THE TENETS OF CRITICAL RACE THEORY |
20 Indiana Health Law Review 63 (2023) |
Pain, also called the fifth vital sign is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when... |
2023 |
| Danielle Pelfrey Duryea , Peggy Maisel , Kelley Saia, MD |
UN-ERASING RACE IN A MEDICAL-LEGAL PARTNERSHIP: ANTIRACIST HEALTH JUSTICE ADVOCACY BY DESIGN |
70 Washington University Journal of Law & Policy 97 (2023) |
[I]t is only by naming racism, asking the question How is racism operating here? and then mobilizing with others to actually confront the system and dismantle it that we can have any significant or lasting impacts on the pervasive racial health disparities that have plagued this country for centuries. --Camara Phyllis Jones, MD, MPH, PhD This... |
2023 |
| |
UNLAWFUL TERMINATION BASED ON RACE |
59-MAY Trial 14 (May, 2023) |
From June 2013 to April 2019, David Ako-Annan, a Black immigrant from Ghana who was educated in Maine, worked as a practice manager at a primary care medical office operated by the Eastern Maine Medical Center (EMMC). Ako-Annan--who was the only Black manager within EMMC's five primary care locations--received excellent annual performance scores... |
2023 |
| Amy Royce, Amy Matsui |
UNSUPPORTED: UNDERINVESTMENT IN THE CARE ECONOMY DRIVES GENDER AND RACIAL WEALTH GAPS |
48 Human Rights 14 (2023) |
For every dollar of wealth owned by a single white man, single Black women and Latinas own roughly 9 cents. That gap is stark--and consequential. Wealth is commonly understood as people's assets minus their debts, or, in other words, their total available resources. People need wealth to cope with unexpected moments in the present, like a... |
2023 |
| Tori DeLaney |
WHAT DO WE DO WITH YOU: HOW THE UNITED STATES USES RACIAL-GENDERED IMMIGRANT LABOR TO INFORM ITS IMMIGRANT INCLUSION-EXCLUSION CYCLE |
92 University of Cincinnati Law Review 206 (10/20/2023) |
The United States has constructed and continues to enforce gender, race, and labor assumptions through the Immigration and Nationality Act's (INA) deportation rules. The United States crafted its immigration laws to be flexible enough to lean on and vilify immigrant labor depending on the nation's labor needs. Modern enforcement of the INA's... |
2023 |
| Timon Cline , Neil Shenvi |
WHAT IF CRITICAL RACE THEORY WERE JUST A LEGAL THEORY? A CHRISTIAN CRITIQUE |
17 Liberty University Law Review 555 (Spring, 2023) |
The national debate over Critical Race Theory (CRT) continues to grow and deepen. Some Christians seemingly find CRT legitimate, useful, and non-threatening to Christian theological commitments. This view is incorrect. CRT is in fundamental conflict with Christianity due to its misguided perspectives on law, morality, truth, and justice. Although... |
2023 |
| Yogi Bratajaya |
WHEN THE RACE TO NET ZERO BECOMES A RACE TO THE BOTTOM: HUMAN RIGHTS VIOLATIONS IN THE RENEWABLE ENERGY TRANSITION AND THE EXTRATERRITORIAL OBLIGATION TO PROTECT HUMAN RIGHTS |
38 American University International Law Review 321 (2023) |
I. INTRODUCTION. 322 II. THE EXTRATERRITORIAL OBLIGATION OF STATES TO PROTECT HUMAN RIGHTS UNDER THE ICCPR AND ICESCR. 327 A. The Extraterritorial Scope of Application of the ICCPR and ICESCR. 328 B. The Threshold of Jurisdiction. 330 C. Home-State Regulation of Corporations. 332 III. HUMAN RIGHTS VIOLATIONS IN THE TRANSITION TO RENEWABLE ENERGY:... |
2023 |
| Nellie L. King , Law Offices of Nellie L. King, P.A., West Palm Beach, Florida, 561-833-1084, Email Nellie@CriminalDefenseFla.com, Website www.criminaldefensefla.com |
WHEN YOU PRACTICE WHAT YOU PREACH AND WHAT YOU PREACH IS RACISM |
47-JUN Champion 5 (June, 2023) |
Seldom do the policies of prosecutors' offices come to light. As defense lawyers in state courts, we hear over counsel table what plea offer is being extended, but seldom is the reasoning behind the plea offer explained. There is claimed discretion by line prosecutors, but we know there is an entire structure of internal controls in place designed... |
2023 |
| Alexis Hoag-Fordjour |
WHITE IS RIGHT: THE RACIAL CONSTRUCTION OF EFFECTIVE ASSISTANCE OF COUNSEL |
98 New York University Law Review 770 (June, 2023) |
The legal profession is and has always been white. Whiteness shaped the profession's values, culture, and practice norms. These norms helped define the profession's understanding of reasonable conduct and competency. In turn, they made their way into constitutional jurisprudence. This Article interrogates the role whiteness plays in determining... |
2023 |
| Hannah J. Phalen , Jessica M. Salerno , Madison Adamoli , Janice Nadler |
WHITE MOCK JURORS' MORAL EMOTIONAL RESPONSES TO VIEWING FEMALE VICTIM PHOTOGRAPHS DEPEND ON THE VICTIM'S RACE |
47 Law and Human Behavior 666 (December, 2023) |
Objective: Jurors often see both premortem photographs of female murder victims before death and postmortem photographs after death. Postmortem photographs are often probative but might prejudicially heighten jurors' other-condemning emotions, such as anger and disgust. Premortem photographs are often not probative and might prejudicially heighten... |
2023 |
| Ian Mallery , malle111@umn.edu |
WHY ARE WE USING RACE AND GENDER TABLES TO SET TORT DAMAGES IN 2023? |
80-SEP Bench and Bar of Minnesota 16 (September, 2023) |
Race and gender tables are commonly used in calculating the damages owed to a plaintiff as a means of discounting the award based on statistical predictions of future earnings. While facial race classifications receive strict scrutiny in almost every other area of the law, they are almost universally accepted in American courts when calculating... |
2023 |
| Logan K. Jackson |
WILLFUL DISREGARD: HOW IGNORING STRUCTURAL RACISM IN MATERNAL MORTALITY HAS LED BLACK WOMEN TO BECOME INVISIBLE IN THEIR OWN CRISIS |
38 Berkeley Journal of Gender, Law & Justice 131 (2023) |
Indeed, in important respects, if the general discourse that surrounds racial disparities in maternal mortality is impoverished, then we should expect that the solutions that observers propose to this problem will be impoverished as well. Introduction. 132 I. The Historical Legacy of Slavery on Black Women's Reproductive Health and Autonomy. 134 A.... |
2023 |
| Isabella V. Avila Perez |
WITHOUT A WILL, THERE IS STILL A WAY: A STATUTORY SOLUTION TO INCREASE THE VALUE OF A SMALL ESTATE AND AID IN REDUCING THE RACIAL EQUITY GAP IN WISCONSIN |
24 Marquette Benefits & Social Welfare Law Review 265 (Spring, 2023) |
For generations, communities of color have struggled to increase their generational wealth. Lack of access to estate planning tools leaves minority groups and low-income families compromised and more likely to die intestate. While the current probate system creates a safety net for those that die intestate, this comment aims to address the need for... |
2023 |
| Jordan B. Woods |
WORKING TO ELIMINATE RACIAL AND IDENTITY PROFILING |
38-FALL Criminal Justice 22 (Fall, 2023) |
On January 7, 2023, five officers from the Memphis Police Department pulled over Tyre Nichols, a 29-year-old Black man, for reckless driving and brutally beat him for several minutes. Tyre was hospitalized and died three days later from extensive bleeding caused by his injuries. Three weeks later, released camera footage of the violent encounter... |
2023 |
| Sonia M. Gipson Rankin |
WOULD YOU MAKE IT TO THE FUTURE? TEACHING RACE IN AN ASSISTED REPRODUCTIVE TECHNOLOGIES AND THE LAW CLASSROOM |
56 Family Law Quarterly 1 (2022-2023) |
Would you make it to the future? For the last five years, I have started my Assisted Reproductive Technology (ART) lecture in Family Law with this question. Students take the query seriously. They ponder their lived experiences such as home training, medical history, education, financial well-being, personality traits, work ethic, and social graces... |
2023 |
| Darren Wan, Cornell University, Email: dw597@cornell.edu |
YAEL BERDA, COLONIAL BUREAUCRACY AND CONTEMPORARY CITIZENSHIP: LEGACIES OF RACE AND EMERGENCY IN THE FORMER BRITISH EMPIRE: CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2022. PP. 278. HARDCOVER $91.98 (ISBN 9781316511664). DOI:10.1017/9781009053495 |
41 Law and History Review 849 (November, 2023) |
Yael Berda's recent monograph builds on her earlier research regarding the Israeli permit regime in the occupied West Bank by broadening the spatial and temporal ambit of her work. Through extensive archival research that examines governmental correspondence and office memoranda across multiple departments and ministries, she tracks administrative... |
2023 |
| Jade A. Craig |
"PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH |
40 Mississippi College Law Review 5 (2022) |
The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... |
2022 |
| Atiba R. Ellis |
"THIS LAWSUIT SMACKS OF RACISM": DISINFORMATION, RACIAL CODING, AND THE 2020 ELECTION |
82 Louisiana Law Review 453 (Winter, 2022) |
C1-2Table of Contents I. Litigation, Insurrection, and the Epistemic Crisis of Voter Fraud. 453 II. The Epistemic Crisis of the 2020 Election. 459 III. Heuristics for Understanding the Rhetoric of Race and the 2020 Election. 465 A. Voting Realism. 467 B. Racial Coding. 469 1. Racial Coding, Profiling, and Stereotypes. 470 2. Police and Violence.... |
2022 |
| Paul A. Lombardo |
"WE WHO CHAMPION THE UNBORN": RACIAL POISONS, EUGENICS, AND THE CAMPAIGN FOR PROHIBITION |
50 Journal of Law, Medicine & Ethics 124 (Spring, 2022) |
Keywords: Prohibition, Eugenics, Racial Poisons, W.J. Bryan, Caleb Saleeby Abstract: Dr. Caleb Williams Saleeby was the author of Parenthood and Race Culture, one of the first monographs on eugenics and the book that popularized the term racial poison. The goal of eradicating the racial poisons and the harm they caused--particularly infant... |
2022 |
| Aliza Hochman Bloom |
"WHAT HAS ALWAYS BEEN TRUE": THE WASHINGTON SUPREME COURT DECIDES THAT SEIZURE LAW MUST ACCOUNT FOR RACIAL DISPARITY IN POLICING |
107 Minnesota Law Review Headnotes 1 (Fall, 2022) |
In June, the Washington Supreme Court held that courts must consider an individual's race as part of the totality of circumstances when determining whether that individual has been seized by a police officer. Like the Fourth Amendment of the U.S. Constitution, Washington's parallel constitutional provision requires that the determination be... |
2022 |
| Darren Lenard Hutchinson |
"WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION |
110 California Law Review 371 (April, 2022) |
United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... |
2022 |
| Tom I. Romero, II |
A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST |
2022 Utah Law Review 751 (2022) |
Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... |
2022 |
| Doug Colbert, Colin Starger |
A BUTTERFLY IN COVID: STRUCTURAL RACISM AND BALTIMORE'S PRETRIAL LEGAL SYSTEM |
82 Maryland Law Review 1 (2022) |
Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore's pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful... |
2022 |
| Cynthia J. Najdowski , Margaret C. Stevenson |
A CALL TO DISMANTLE SYSTEMIC RACISM IN CRIMINAL LEGAL SYSTEMS |
46 Law and Human Behavior 398 (December, 2022) |
Objectives: In October 2021, the American Psychological Association (APA) passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. In the present report, developed to inform APA's policy resolution, we detail the scope of the problem and offer recommendations for policy makers and... |
2022 |
| Kara Hartzler |
A FREE PASS ON RACISM: IMMIGRATION AND THE EQUAL PROTECTION DOCTRINE |
37 Maryland Journal of International Law 1 (2022) |
Imagine that in 2023, a new Congress wants to stop Black and Brown people from legally immigrating to the United States. Legislators give speeches on the House and Senate floors complaining about the infusion of negro slave blood. They openly claim that the Mexican peon is poisoning the American citizen. They refer to Black and Brown... |
2022 |
| Matthew Barreto, Michael Cohen, Loren Collingwood, Chad W. Dunn, Sonni Waknin , UCLA Voting Rights Project |
A NOVEL METHOD FOR SHOWING RACIALLY POLARIZED VOTING: BAYESIAN IMPROVED SURNAME GEOCODING |
46 New York University Review of Law and Social Change 1 (2022) |
Section 2 of the Voting Rights Act is one of the most important tools for litigants challenging discriminatory voting procedures. The Supreme Court outlined the test governing vote dilution claims--which are claims that an electoral system, process, or procedure weakens a minority group's ability to elect candidates of their choice--under Section 2... |
2022 |
| Lizzy McEntire |
A PROPOSED SOLUTION TO THE KANSAS WAGE GAP: WHY SALARY HISTORY INQUIRIES PERPETUATE DISPARATE PAY ALONG RACIAL AND GENDER LINES |
61 Washburn Law Journal 529 (Spring, 2022) |
One hundred years ago, the fight for women's equality culminated in the ratification of the Nineteenth Amendment, which granted American women the right to vote. But the fight for women's rights did not begin or end on August 18, 1920, when Tennessee became the necessary thirty-sixth state to ratify the amendment. This recent historic centennial,... |
2022 |
| Ellie Trebilcock |
A RACIAL JUSTICE PERSPECTIVE ON PRISON GERRYMANDERING IN MINNESOTA |
15 University of St. Thomas Journal of Law & Public Policy 898 (April, 2022) |
Prison gerrymandering is the practice of counting incarcerated people in the location where they are imprisoned, rather than where they lived before being sentenced, for the purposes of drawing election district lines and determining the amount of federal funds to provide to programs in each district. Due to the disproportionate number of people of... |
2022 |
| Lauren A. Schaffer |
A STATUTORY ANALYSIS ON RACIALLY RESTRICTIVE COVENANTS |
53 University of Toledo Law Review 351 (Spring, 2022) |
Covenants are an important tool in property law. A covenant that restricts a property owner's use of the property is referred to as a restrictive covenant. Restrictive covenants can bind a property owner to a promise as simple and innocent as requiring them to paint the house red, or as malignant and devastating as requiring that a property owner... |
2022 |
| Sarah Hopkins |
A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK |
55 UIC Law Review 485 (Fall, 2022) |
I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... |
2022 |