| Author | Title | Citation | Summary | Year |
| 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 |
| Lamarr Little |
RACE |
49 Harbinger 45 (2024) |
Bodies crumble Folding into fists. Each limb independent in theory But dependent in practice. Each second that passes I walk several Miles within. With untied laces I take off Running out of time. Limbs stretch Reaching into my mind I keep my back straight. Each vertebrae in my spine Are fragments of a distant past. |
2024 |
| Andrew Leahy |
RACE AGAINST THE CLOCK: A COMPARATIVE ANALYSIS OF NEW YORK STATE'S AND GERMANY'S AMBITIOUS HIGH-VOLTAGE TRANSMISSION SITING LAWS AND WHAT NEW YORK CAN ADOPT FROM THE GERMAN MODEL |
7 Cardozo International & Comparative Law Review 1035 (Summer, 2024) |
I. Introduction: Germany and New York's Common Goals and Struggles in Expanding High-Voltage Lines and in Bringing Projects to Life. 1036 A. State Authority to Make Projects Happen: Germany's Binding Federal Authority Versus New York State's Autonomy in The Realm of Transmission Line Projects. 1039 B. Outline: Overcoming Resistance and... |
2024 |
| Carlos Portugal Gouvêa |
RACE AND CORPORATE GOVERNANCE IN BRAZILIAN PUBLIC COMPANIES |
57 International Lawyer 61 (2024) |
The hypothesis of this paper is that the corporate governance of Brazilian public companies reinforces the patriarchal and racist characteristics of the country's social structure. These traits have been deeply embedded in the social fabric since the country's transition from a nineteenth-century slavery economy to a modern one. Such historical... |
2024 |
| Natsu Taylor Saito, Georgia State University |
RACE AND NATIONAL SECURITY. EDITED BY MATIANGAI V. S. SIRLEAF. NEW YORK: OXFORD UNIVERSITY PRESS, 2023. PP. XII, 263. INDEX |
118 American Journal of International Law 586 (July, 2024) |
National security has become normalized--a touchstone invoked to justify governmental policies and fiscal decision making. It represents power exerted over virtually every aspect of our lives. We argue about whether this measure or that expenditure is necessary but the meaning of the construct itself is often presumed rather than interrogated. What... |
2024 |
| Ming H. Chen |
RACE AND REGULATORY EQUITY |
22 Georgetown Journal of Law & Public Policy 395 (Summer, 2024) |
C1-3Table of Contents L1-2Introduction . L3395 I. Legal Background on Race and Regulatory Equity in Higher Education. 397 II. Scope of Regulatory Reform. 398 A. Conservative Legal Theorists. 398 B. Neo-Liberal Legal Theorists. 399 C. Progressive (Non-Reformist) Reforms. 403 III. Progressive, Neo-liberal, and Conservative Approaches to Legacy... |
2024 |
| James A. Johnson , Jeanette L. Esbrook |
RACE CONSCIOUS ADMISSIONS IN COLLEGES |
97-MAR Wisconsin Lawyer 26 (March, 2024) |
In June 2023, the U.S. Supreme Court issued an opinion that upended the admissions policies of two institutions of higher education, Harvard College and the University of North Carolina. The authors discuss the Court's use of precedent in reaching its determination regarding race conscious admission policies and highlight a few equity efforts that... |
2024 |
| Khiara M. Bridges |
RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI |
110 Virginia Law Review 243 (April, 2024) |
What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... |
2024 |
| Maimon Schwarzschild , Gail Heriot |
RACE PREFERENCES, DIVERSITY, AND STUDENTS FOR FAIR ADMISSIONS: A NEW DAY, A NEW CLARITY |
77 SMU Law Review 285 (Winter, 2024) |
This Article traces the legal path to the Supreme Court's decision in Students for Fair Admissions v. Harvard and the University of North Carolina (2023), from the famous Bakke case in 1978 to the Grutter decision twenty-five years later. It reviews the shifting fortunes of the diversity rationale for racial preferences in higher education and... |
2024 |
| Emily Wells |
RACE TO THE BOTTOM: HOW EQUITABLE APPORTIONMENT COULD ENCOURAGE OVERDRAFTING OF AQUIFERS |
48 William and Mary Environmental Law and Policy Review 363 (Winter, 2024) |
Groundwater is a vital source of water for drinking and irrigation in the United States. However, it was unclear what legal doctrine would apply to apporting interstate groundwater between the states. This changed in Mississippi v. Tennessee, when the Supreme Court ruled that equitable apportionment would the controlling doctrine. The Court though... |
2024 |
| Melda Gurakar |
RACE, DISABILITY, AND POLICE MISCONDUCT: A DISCRIT APPROACH TO PRIVACY LAW AND THE KILLINGS OF RYAN GAINER AND SONYA MASSEY |
124 Columbia Law Review Forum 221 (12/2/2024) |
In March 2024, police killed Ryan Gainer, a Black teenager with autism, in his California home after his family sought help during a behavioral crisis. Several months later, police killed Sonya Massey, a Black woman experiencing a mental health crisis, in her Illinois home. This Comment examines the failure of U.S. privacy law to protect disabled... |
2024 |
| Dr. Leslie Ellis, Professor Shari Seidman Diamond |
RACE, DIVERSITY, AND JURY COMPOSITION: BATTERING AND BOLSTERING LEGITIMACY |
VCFI0312 ALI-CLE Course Materials 105 (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 |
| Henry Korman |
RACE, HOMEOWNERSHIP, SPECIAL PURPOSE CREDIT PROGRAMS, AND AFFIRMATIVELY FURTHERING FAIR HOUSING |
32 Journal of Affordable Housing & Community Development Law 349 (2024) |
C1-3Table of Contents A. Introduction. 349 B. Homes for Equity. 352 C. Homeownership and Restorative Racial Justice. 356 D. Special Purpose Credit Programs. 360 E. Reverse Discrimination, and Affirmative Action. 363 F. How the SPCP Written Plan Aligns with Civil Rights. 365 1. The Compelling or Substantial Interest. 366 2. Narrow Tailoring. 368 G.... |
2024 |
| Aimee Briel Clesi, Michael L. Radelet, Rhodes Scholar, Balliol College, University of Oxford, Professor Emeritus, Institute of Behavioral Science, University of Colorado |
RACE, POLITICS, AND REDEMPTION: AN INVESTIGATION INTO VIRGINIA'S DEATH PENALTY REPEAL |
25 Loyola Journal of Public Interest Law 1 (Spring, 2024) |
Forthcoming, Journal of Public Interest Law (Loyola University Law School, New Orleans) Presented at a Symposium organized by Loyola Journal of Public Interest Law (Kristian A. Caruso, Articles Editor), New Orleans, March 22, 2024. This Article is a revised and expanded version of Aimee Briel Clesi, Rallying Lawmakers in the American South: An... |
2024 |
| Perry Moriearty , Kat Albrecht , Caitlin Glass |
RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER |
51 Fordham Urban Law Journal 675 (March, 2024) |
Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... |
2024 |
| Sabrina A. Ochoa |
RACE, RELIGION, AND RECONCILIATION: BUILDING A MOSAIC OF LATINE FAITH FROM THE MARGINS |
14 University of Miami Race & Social Justice Law Review 123 (Spring, 2024) |
Cristo anduvo por ti, mas también lo hizo Pan. Expressed cogently by Anzaldúa in Borderlands/La Frontera, the spaces in-between cultures are often filled with ambiguity, contradiction, and negotiation. These processes are continuously replicated in the history and construction of Latinidad across the United States and Latin America. Religion - as... |
2024 |
| Katharina Isabel Schmidt |
RACE, RULES, REPRODUCTION: LAUSANNE LEGAL MODERNISTS, LEFT AND RIGHT |
35 Yale Journal of Law & the Humanities 503 (2024) |
In the spring of 1908, Berlin's Tagliche Rundschau made alarming allegations: German youngsters studying in Switzerland were at risk of ideological capture. Conditions at Lausanne were particularly worrisome, as faculty there, first and foremost Berlin-born jurist Theodor Sternberg, had started preaching socialist-democratic-nihilist ideas to... |
2024 |
| Bryan L. Sykes, Meghan Maree Ballard |
RACE, THE CRIMINAL LEGAL SYSTEM, AND STATEGRAFT: THE CALIFORNIA RACIAL JUSTICE ACT (2020) |
2024 Wisconsin Law Review Forward 49 (2024) |
Introduction. 49 I. Stategraft and Racial Inequality in the Criminal Legal System. 50 II. Undoing Racial Disparities as a Means of (Unwittingly) Undoing Some Forms of Stategraft. 53 |
2024 |
| Jeremy Bearer-Friend |
RACE-BASED TAX WEAPONS |
14 UC Irvine Law Review 1067 (October, 2024) |
In the United States, the term poll tax often refers to a very specific tactic of white supremacy: the use of tax policy to prevent voting by Black citizens. While poll tax is an accurate descriptor of these taxes, poll taxes have a much more expansive history within the twentieth century. Following in the rich tradition of comparative tax... |
2024 |
| Arie Wright, Katherine Redetzke, Julia Sturges, Mell Chhoy, Sela Carrington |
RACE-CONSCIOUS PROGRAMS IN EDUCATION |
25 Georgetown Journal of Gender and the Law 829 (Annual Review 2024) |
I. Introduction. 830 II. Developments in Public School Integration: The Road From Mandatory to Voluntary. 832 A. The Promise of Brown v. Board of Education. 832 B. Brown's Progeny: Efforts to Mandate Integration. 833 III. Voluntary Affirmative Action Policies In Higher Education. 835 A. Equal Protection and Educational Opportunity. 837 1. Bakke: A... |
2024 |
| Vinay Harpalani |
RACE-CONSCIOUSNESS AND BLACK HUMANITY: REINTERPRETING THE BROWN FOOTNOTE 11 DOLL STUDIES |
104 Boston University Law Review 1251 (September, 2024) |
Introduction. 1253 I. Racial Stigma and Plessy's Dual Conundrum. 1257 II. From the Dual Conundrum to the Doll Studies. 1260 III. The Doll Studies and Their Discontents. 1265 IV. Reinterpreting the Doll Studies Through a Developmental Lens. 1271 V. The Transformation of the Harm in Brown. 1279 VI. Race-Consciousness Affirmed and Abrogated. 1285... |
2024 |
| Michael C. Dorf |
RACE-NEUTRALITY, BASELINES, AND IDEOLOGICAL JUJITSU AFTER STUDENTS FOR FAIR ADMISSIONS |
103 Texas Law Review 269 (December, 2024) |
Before the Supreme Court's 2023 ruling that equal protection and Title VI bar expressly race-based plus factors in higher education admissions, many critics of affirmative action had pointed to facially race-neutral admissions criteria (such as guaranteed college admission for high school graduates near the top of their classes) as lawful... |
2024 |
| Waheeda Amien |
RACE-RELIGIOUS DISCRIMINATION IN SOUTH AFRICA'S HINDU MARRIAGES |
118 AJIL Unbound 129 (2024) |
South Africa is known historically for racial apartheid when people were classified as white, Indian, Colored, or Black/Native. Indians, Coloreds, and Blacks were discriminated against and denied rights afforded to whites. One example was the right to vote, which was withheld from anyone not classified as white. What is less well known is that... |
2024 |
| David E. Bernstein |
RACIAL "BOX-CHECKING" AND THE ADMINISTRATIVE STATE |
22 Georgetown Journal of Law & Public Policy 377 (Summer, 2024) |
Americans have grown accustomed to checking ethnic and racial boxes when applying for colleges, requesting a mortgage, filling out medical paperwork, and more. Where do these boxes come from?, Justice Gorsuch asked in his concurring opinion in Students for Fair Admissions. Bureaucrats. A federal interagency commission devised this scheme of... |
2024 |
| Ian Ayres , Sonia Qin , Pranjal Drall |
RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT |
21 UC Law Journal of Race and Economic Justice 183 (June, 2024) |
In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... |
2024 |
| Lisa Benjamin |
RACIAL CAPITALISM AND CLIMATE CHANGE: COLONIALISM AND CLIMATE LAW AND POLICY IN THE COMMONWEALTH |
41 Wisconsin International Law Journal 577 (Summer, 2024) |
This Article provides a snapshot of current climate policy and litigation experiences in a select group of Commonwealth countries: the United Kingdom, Canada, India, Pakistan, Kiribati, and The Bahamas. It traces current domestic climate policies and litigation experiences back to the colonial histories of these countries. These Commonwealth... |
2024 |
| Carmen G. Gonzalez |
RACIAL CAPITALISM, CLIMATE CHANGE, AND ECOCIDE |
41 Wisconsin International Law Journal 479 (Summer, 2024) |
Lawyers, scholars, and activists have long sought to incorporate ecocide into the Rome Statute of the International Criminal Court to address corporate and governmental impunity for massive and severe ecological damage, including the harms caused by climate change. This Article uses the framework of racial capitalism to examine and critique the... |
2024 |
| David E. Bernstein |
RACIAL CLASSIFICATIONS IN HIGHER EDUCATION ADMISSIONS BEFORE AND AFTER SFFA |
77 SMU Law Review 263 (Winter, 2024) |
Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the implicit assumption that the racial classifications used in these programs are legitimate and uncontroversial (an assumption I challenge in my 2022 book, Classified: The Untold Story of Racial Classifications In America).... |
2024 |