AuthorTitleCitationSummaryYear
Professor E. Tendayi Achiume PANDEMIC BORDERS AND RACIAL BORDERS: KEYNOTE DELIVERED AT THE 2020 ANNUAL SYMPOSIUM OF THE UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS 27 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2023) C1-3Table of Contents I. Beginning in the Past. 3 II. Considering the Present. 8 III. Race as a Territorial Border. 12 2023
Len Elmore , Jo Potuto , Kassandra Ramsey , Felix Wu PANEL 1: RACE, GENDER & EQUITY 41 Cardozo Arts and Entertainment Law Journal 707 (2023) PROF. FELIX WU: Okay, great. Let me add my thanks to Sophie for putting together the symposium today and to all the panelists and attendees for participating today. As she said, I'm Professor Felix Wu. I teach here as part of our IP and Information Law Program. I don't have a special connection actually to name, image, and likeness rights except... 2023
Sophia Iams PATENTLY BIASED: A DISCUSSION OF HISTORICAL AND SYSTEMIC CAUSES OF RACIAL DISPARITY IN PATENT LAW 27 University of San Francisco Intellectual Property and Technology Law Journal 199 (Spring, 2023) This article addresses the racial disparity in patenting rates through a holistic discussion of the potential causes of bias introduced in the patent system. A nearly twenty-five percent decreased likelihood of securing a patent excluding factors other than race is an unacceptable form of discrimination. Prohibitively high costs for patent... 2023
Luke M. Cornelius, Ph.D., J.D. POINT: THE INEVITABLE CONSTITUTIONAL DEMISE OF RACE-CONSCIOUS ADMISSIONS AND HOW UNIVERSITIES CAN PURSUE DIVERSITY IN THE WAKE OF STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE 413 West's Education Law Reporter 9 (8/31/2023) Affirmative action, also referred to as race-conscious admissions, terms used interchangeably in this article, has always rested on a tortured and legally precarious proposition, namely that in order to eliminate racial discrimination in higher education it is necessary to discriminate on the basis of race in admissions. Unlike earlier cases such... 2023
Jacqueline Katzman, Margaret Bull Kovera, Department of Psychology, Graduate Center, City University of New York, Department of Psychology, John Jay College of Criminal Justice, City University of New York POTENTIAL CAUSES OF RACIAL DISPARITIES IN WRONGFUL CONVICTIONS BASED ON MISTAKEN IDENTIFICATIONS: OWN-RACE BIAS AND DIFFERENCES IN EVIDENCE-BASED SUSPICION 47 Law and Human Behavior 23 (February, 2023) Objective: We explored whether racial disparities in evidence-based suspicion (i.e., evidence of guilt prior to placement in a lineup) provide a better explanation of racial disparities in exonerations based on eyewitness misidentification than the own-race bias in eyewitness identifications. Hypotheses: We predicted that the own-race bias in... 2023
Nicole Smith Futrell PRACTICING WITH CONVICTION: RACE, REENTRY, AND THE LEGAL PROFESSION 20 Ohio State Journal of Criminal Law 71 (Fall, 2023) Within recent years, different areas of the legal community have publicly addressed the need for racial justice. The killing of George Floyd and the reckoning with race that followed prompted law schools, bar associations, and court systems, as well as government, private, and non-profit legal organizations, to publicly acknowledge that racial... 2023
Ilse Turner PRAYING FOR A HEALTHY BIRTH, BLACK MOTHERS FIGHTING RACISM EVEN IN THE DELIVERY ROOM 19 Journal of Health & Biomedical Law 175 (2023) Having a baby is one of the most anxiety-inducing experiences in a woman's life. The days leading up to birth are often filled with thoughts such as: will my baby be healthy? Will the doctor be on time? What if I need to have an emergency c-section? Black women, however, face an additional worrying question, will I receive adequate medical care? On... 2023
Simran Ahmed , Seung C. Lee , L. Maaike Helmus PREDICTIVE ACCURACY OF STATIC-99R ACROSS DIFFERENT RACIAL/ETHNIC GROUPS: A META-ANALYSIS 47 Law and Human Behavior 275 (February, 2023) Objective: The overrepresentation of numerous racial/ethnic groups in the criminal legal system warrants examination of the cross-cultural applicability of risk assessment tools. Static-99R is a tool used in diverse countries to assess sexual recidivism risk. We conducted a meta-analysis on the predictive accuracy of Static-99R across different... 2023
Hannah Shaffer PROSECUTORS, RACE, AND THE CRIMINAL PIPELINE 90 University of Chicago Law Review 1889 (November, 2023) This Article presents evidence that some state prosecutors use their discretion to reduce racial disparities in criminal sentences. This finding challenges the prevailing view that prosecutors compound disparities. Given prosecutors' positions as mediators in a sequential system, this Article analyzes how prosecutors respond to disparities they... 2023
Martin Kwan PROVING INTRA-RACIAL DISCRIMINATION IN THE U.S. AND CANADA: THE ROOM FOR MAKING THE ARTIFICIAL DISTINCTION BETWEEN GENEALOGICAL RELATEDNESS AND RACE 54 University of Miami Inter-American Law Review 1 (Spring, 2023) This article takes the role of the Devil's advocate in order to question the judicial willingness to distinguish race from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra-racial discrimination is motivated by perceived genealogical relatedness, but not... 2023
Olabisi D. Akinkugbe RACE & INTERNATIONAL INVESTMENT LAW: ON THE POSSIBILITY OF REFORM AND NON-RETRENCHMENT 117 American Journal of International Law 535 (July, 2023) Investment Law's Alibis: Colonialism, Imperialism, Debt and Development. By David Schneiderman. Cambridge, UK: Cambridge University Press, 2022. Pp. ix, 235. Index. Investment Arbitration and State-Driven Reform: New Treaties, Old Outcomes. By Wolfgang Alschner. New York: Oxford University Press, 2022. Pp. xxvii, 310. Index. The international... 2023
Adam Cowing RACE AND (DE)VALUATION IN HOUSING MARKETS 31 Journal of Affordable Housing & Community Development Law 305 (2023) Race Brokers: Housing Markets and Segregation in 21st Century Urban America Elizabeth Korver-Glenn Oxford University Press (2021) 240 pages; $99.00 (cloth); $27.95 (paper); $9.99 (ebook) As rising housing costs demand national attention, there is growing momentum to liberalize land use policies to improve affordability and remedy past exclusion.... 2023
Priya Baskaran, Alicia Plerhoples RACE AND ENTREPRENEURSHIP: RECLAIMING NARRATIVES 30 Clinical Law Review 7 (Fall, 2023) This essay makes the case for engaging in counter-narratives and inclusive storytelling within the transactional clinic curriculum. The authors leverage lessons from Critical Race Theory to amplify the voices and experiences of underrepresented entrepreneurs and marginalized communities in both clinic seminar and selected casework. In doing so, we... 2023
Uma Mazyck Jayakumar, William C. Kidder, Eddie Comeaux, Sherod Thaxton RACE AND PRIVILEGE MISUNDERSTOOD: ATHLETICS AND SELECTIVE COLLEGE ADMISSIONS IN (AND BEYOND) THE SUPREME COURT AFFIRMATIVE ACTION CASES 70 UCLA Law Review Discourse 230 (2023) Regardless of what the Supreme Court decides on the fate of affirmative action, this Essay highlights a need to address the unappreciated extent of advantage that the intercollegiate athletics system provides to affluent white students. Drawing on public data sets, we test for the presence of affluent white advantage via race-neutral preferences... 2023
Noah Smith-Drelich RACE AND THE NEW SCHOOL MILK REQUIREMENTS 14 California Law Review Online 48 (May, 2023) In July 2022, transitional U.S. Department of Agriculture (USDA) requirements for milk in school meals went into effect. These requirements further ensconce milk as a nutritional cornerstone of the USDA's school breakfast and lunch programs, with milk serving as a key source of calcium, vitamin D, potassium, and calories for children. Though the... 2023
Anthony V. Alfieri RACE ETHICS: COLORBLIND FORMALISM AND COLOR-CODED PRAGMATISM IN LAWYER REGULATION 36 Georgetown Journal of Legal Ethics 353 (Summer, 2023) The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville Unite the Right Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and... 2023
Sahar F. Aziz RACE, ENTRAPMENT, AND MANUFACTURING "HOMEGROWN TERRORISM" 111 Georgetown Law Journal 381 (March, 2023) At what point does offensive speech cross the line from being constitutionally protected to criminal? Rarely--would be the response of a free speech purist. Indeed, the First Amendment is intended to protect unpopular, offensive, and even subversive speech. Although this lesson may be taught to American schoolchildren, it is not the lived... 2023
Charles S. Bullock, III , Charles M. Lamb , Eric M. Wilk RACE, ETHNICITY, AND FAIR HOUSING ENFORCEMENT: A REGIONAL ANALYSIS 37 BYU Journal of Public Law 187 (2023) This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and... 2023
Bennett Capers RACE, GATEKEEPING, MAGICAL WORDS, AND THE RULES OF EVIDENCE 76 Vanderbilt Law Review 1855 (November, 2023) Introduction. 1855 I. Race-ing Evidence. 1857 II. Frye, Daubert, Rule 702, and Magical Words. 1862 III. Reimagining Rule 702. 1872 Conclusion. 1876 2023
Natsu Taylor Saito RACE, INDIGENEITY, AND MIGRATION 117 AJIL Unbound 43 (2023) Race, indigeneity, and migration are integrally related in international law. This relationship can be traced to their origins in a legal system dedicated to facilitating European colonialism and imperial expansion. International law has constructed racial difference and deployed racialized hierarchies to determine who would be permitted to migrate... 2023
Noura Erakat , Darryl Li , John Reynolds RACE, PALESTINE, AND INTERNATIONAL LAW 117 AJIL Unbound 77 (2023) In 1922, the League of Nations inscribed the goal of establishing a settler colony in Palestine for the Jewish people--in denial of the national self-determination of the Indigenous Arab population--in public international law. The Palestine Mandate juridically erased the national status of the Palestinian people by: (1) framing the Arabs as... 2023
Nancy S. Marder RACE, PEREMPTORY CHALLENGES, AND STATE COURTS: A BLUEPRINT FOR CHANGE 98 Chicago-Kent Law Review 65 (2023) Peremptory challenges based on race continue to keep some prospective jurors from serving on juries, but several states, including Washington, California, and Arizona, have taken action and are now trying to address this problem. They grew frustrated with the U.S. Supreme Court's test in Batson v. Kentucky, which was an attempt to preserve the... 2023
Osagie K. Obasogie , Peyton Provenzano RACE, RACISM, AND POLICE USE OF FORCE IN 21ST CENTURY CRIMINOLOGY: AN EMPIRICAL EXAMINATION 69 UCLA Law Review 1206 (January, 2023) Race scholars have voiced concerns about the field of c riminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field's overly positivist approach that privileges white logics that obscure the nuance of race relations to methodological critiques on how the field... 2023
Natsu Taylor Saito RACE, RELIGION, AND NATIONAL IDENTITY REVIEW OF SAHAR AZIZ, THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM (UC PRESS, 2022) 50 Hastings Constitutional Law Quarterly 169 (March, 2023) C1-2Table of Contents Introduction. 169 I. Being Muslim in the United States. 171 II. Structural Drivers of Islamophobia. 173 III. National Identity in a Settler State. 175 Conclusion. 180 2023
Keith H. Hirokawa RACE, SPACE, AND PLACE: INTERROGATING WHITENESS THROUGH A CRITICAL APPROACH TO PLACE 29 William and Mary Journal of Race, Gender, and Social Justice 279 (Winter, 2023) The Civil Rights Movement is long past, yet segregation persists. The wider society is still replete with overwhelmingly white neighborhoods, restaurants, schools, universities, workplaces, churches and other associations, courthouses, and cemeteries, a situation that reinforces a normative sensibility in settings in which black people are... 2023
Bennett Capers , Gregory Day RACE-ING ANTITRUST 121 Michigan Law Review 523 (February, 2023) Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are... 2023
Kate Abramowitz, Amy Bradfield Douglass, Department of Psychology, Bates College RACIAL BIAS IN JURY SELECTION HURTS MOCK JURORS, NOT JUST DEFENDANTS: TESTING ONE POTENTIAL INTERVENTION 47 Law and Human Behavior 153 (February, 2023) Objectives: Prosecutors often use race as a basis for excluding Black jurors in cases with Black defendants. The current research tested whether this practice influences juror attitudes (Study 1). It also tested an intervention to prevent racially biased jury selection (Study 2). Hypotheses: We predicted that participants exposed to the exclusion... 2023
Lindsey M. Cole , Elizabeth A. Moschella-Smith , Paul J. Hennigan , Cesar J. Rebellon , Karen T. Van Gundy , Ellen S. Cohn RACIAL DIFFERENCES IN LEGAL SOCIALIZATION MODELS ACROSS ADOLESCENCE AND EMERGING ADULTHOOD 47 Law and Human Behavior 83 (February, 2023) Objective: White and non-White adolescents report different experiences in the legal system. This disparity impacts their evaluations of, and attitudes toward, legal authorities such that non-White and older adolescents tend to perceive the legal systemmore negatively. Yet, many researchers assume that the process of legal socialization, which... 2023
  RACIAL DISCRIMINATION 59-AUG Trial 10 (August, 2023) Rose Wakefield, a 60-year-old woman of color, pulled into a gas station at a Jacksons Food Store in Beaverton, Ore. Nigel Powers, the gas station attendant, ignored her and began helping a white couple. Wakefield asked Powers why he was serving the other couple first, but he ignored her and continued servicing other white customers. A store clerk... 2023
John Byrnes RACIAL DISCRIMINATION, HOME APPRAISALS, AND THE FAIR HOUSING ACT: REGULATING PRIVATE APPRAISERS TO REDUCE THE RACIAL WEALTH GAP 20 Rutgers Journal of Law & Public Policy 45 (Spring, 2023) This paper highlights the prevalence of racial discrimination in the home appraisal market through critical race theory (CRT) techniques and theory. When a home's value can be reduced by almost twenty-five percent simply because of the perceived race of its owners or of the neighborhood, Black families find themselves at a disadvantage as they try... 2023
Jack Thorlin RACIAL DIVERSITY AND LAW FIRM ECONOMICS 76 Arkansas Law Review 131 (2023) There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast--consider the rightfully mocked tendency of people to respond to... 2023
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023
Rachel F. Moran RACIAL EQUALITY, RELIGIOUS LIBERTY, AND THE COMPLICATIONS OF PLURALISM 50 Hastings Constitutional Law Quarterly 149 (March, 2023) C1-2Table of Contents I. Historical Injustices: The Meaning of Race. 150 II. Contemporary Wrongs and the Role of Racialization. 155 III. Demographic Change, Pluralism Anxiety, and the Challenges for Equality and Liberty. 162 IV. Conclusion. 166 2023
Michael Heise RACIAL ISOLATION, SCHOOL POLICE, AND THE "SCHOOL-TO-PRISON PIPELINE": AN EMPIRICAL PERSPECTIVE ON THE ENDURING SALIENCE OF "TIPPING POINTS" 71 Buffalo Law Review 163 (April, 2023) Two broad trends inform public K-12 education's current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource... 2023
Steven W. Bender RACIAL JUSTICE AND MARIJUANA 59 California Western Law Review 223 (Spring, 2023) Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society... 2023
Jennifer S. Hunt , Stephane M. Shepherd RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS 47 Law and Human Behavior 1 (February, 2023) Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... 2023
Jessica Dixon Weaver RACIAL MYOPIA IN [FAMILY] LAW 132 Yale Law Journal Forum 1086 (4/30/2023) ABSTRACT. Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex... 2023
Nantiya Ruan RACIAL PAY EQUITY IN "WHITE" COLLAR WORKPLACES 88 Brooklyn Law Review 519 (Winter, 2023) The racial wealth gap in America is wide and persistent. Long-standing and substantial wealth disparities between households in different racial and ethnic groups are simply staggering. In 2019, the typical White Family ha[d] eight times the wealth of the typical Black family and five times the wealth of the typical Hispanic family. Tellingly,... 2023
Rodney D. Chrisman RACIAL RECONCILIATION: A BIBLICAL FRAMEWORK 17 Liberty University Law Review 507 (Spring, 2023) American society is greatly polarized and divided on many issues, including issues relative to racial reconciliation. Attempts at progress in this area are impeded by the United States's historical backdrop of slavery, the state-sponsored oppression of Jim Crow laws, and personal racism, among other complications. Even the American church tolerated... 2023
Yuvraj Joshi RACIAL TIME 90 University of Chicago Law Review 1625 (October, 2023) Racial time describes how inequality shapes people's experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon,... 2023
Alisha Desai, Ryan Holliday, Lauren M. Borges, Rocky Mountain Mental Illness Research, Education, and Clinical Center for Suicide Prevention, U.S. Department of Veterans Affairs RACIAL, ETHNIC, AND SEX DIFFERENCES IN PSYCHIATRIC DIAGNOSIS, MENTAL HEALTH SEQUELAE, AND VHA SERVICE UTILIZATION AMONG JUSTICE-INVOLVED VETERANS 47 Law and Human Behavior 260 (February, 2023) Objective: Intervening in the cycle of symptom exacerbation and recidivism among justice-involved veterans is critical given elevated rates of psychiatric diagnoses and mental health sequelae. To responsively and effectively address justice-involved veterans' needs, it is essential to examine distinct groups who are at heightened risk (e.g.,... 2023
Nan Li , Sascha Hein , Diana Quintana , Matthew Shelton , Elena L. Grigorenko RACIAL/ETHNIC DISPARITIES OF THE PACT IN PREDICTING RECIDIVISM AND COURT DISPOSITIONS FOR JUSTICE-INVOLVED YOUTH 47 Law and Human Behavior 422 (June, 2023) Objective: Responding to the concern about racial/ethnic disparities (R/ED) in the use of risk assessment instruments (RAIs) in justice systems, previous research has overwhelmingly tested the extent to which RAI scores consistently predict recidivism across race and ethnicity (predictive bias). However, little is known about R/ED in the... 2023
R. Drew Smith, Ph.D. RACIAL-ETHNIC HARM AND HEALING: COMPARATIVE NATIONAL MECHANISMS FOR SOCIAL REMORSE AND REPAIR 17 Liberty University Law Review 487 (Spring, 2023) Today a sharp divide exists between Americans. Although they agree that racial harm occurred in this country's history, they disagree about the extent of harm to be acknowledged and the means of repair to achieve justice and social healing. The United States' history of (attempted) racial reconciliation includes initiatives by white Christians... 2023
Khushpreet Choumwer RACIALIZATION OF STREET VENDORS: THE CRIMINALIZATION OF ETHNIC MINORITY WORKERS IN CALIFORNIA 34 Hastings Journal on Gender and the Law 13 (Winter, 2023) C1-2Table of Contents INTRODUCTION. 14 STREET VENDORS TARGETED BY THE DEPARTMENT OF HOMELAND SECURITY AT SUPER BOWL LVI. 14 STREET VENDING AND ITS PLACE IN THE INFORMAL ECONOMY. 19 LEGISLATIVE HISTORY OF ECONOMIC EXCLUSION. 20 A. The Start of Dismantling the Economic Exclusion: Senate Bill No. 946 Safe Sidewalk Vending Act. 22 What Local... 2023
Jessica M. Eaglin RACIALIZING ALGORITHMS 111 California Law Review 753 (June, 2023) There is widespread recognition that algorithms in criminal law's administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law--tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may... 2023
Deniz Yonucu , Caroline Mary Parker RACISM AND POLICING BEYOND NORTH AMERICA 46 PoLAR: Political and Legal Anthropology Review 112 (May, 2023) In this issue's Directions section, we initiate a discussion on racism and policing in places beyond North America. Part of our motivation for doing so stems from a common experience we share--as antiracist educators and as anthropologists of policing and the carceral state--in our classrooms and even among our peers. This is the misplaced notion... 2023
Jon J. Lee RACISM AND TRADEMARK ABANDONMENT 91 George Washington Law Review 932 (August, 2023) As companies have come to terms with the fact that their brand names and imagery have connections to America's racist history, they have publicly announced their commitments to shed their ignominious trademarks. But, unlike a physical monument, a trademark cannot be destroyed or removed. Under the prevailing doctrine, abandoned trademarks return to... 2023
Daria Roithmayr RACISM PAYS: HOW RACIAL EXPLOITATION GETS INNOVATION OFF THE GROUND 28 Michigan Journal of Race and Law 145 (Spring, 2023) Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the... 2023
Rory T. Weiler RACISM, CHANGE, AND ME 111 Illinois Bar Journal 8 (February, 2023) What it means to be a part of the conversation on race in America. AS WE CELEBRATE BLACK HISTORY MONTH, you will find in this edition of the Illinois Bar Journal a collection of topical mini-essays, one of which is this column (see page 20 for the rest of the collection). I want to thank former Board of Governor member Juan Thomas not only for his... 2023
Margaret Kruzner REDLINING REIMAGINED: EXPLORING "RACE-NEURAL ALTERNATIVES" IN THE LIKELY WAKE OF AFFIRMATIVE ACTION 18 Duke Journal of Constitutional Law & Public Policy Sidebar 323 (3/7/2023) In his dissenting opinion in Fisher v. University of Texas at Austin, Justice Thomas explained his belief that affirmative action programs embody the faddish theory that racial discrimination may produce educational benefits. A mere six years later, the conservative originalist Justices have a new opportunity to declare affirmative action... 2023
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