| Author | Title | Citation | Summary | Year |
| 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 |
| Chika O. Okafor |
UN-ERASING RACE: INTRODUCING SOCIAL NETWORK DISCRIMINATION TO THE LAW |
102 North Carolina Law Review 1517 (September, 2024) |
Race-based affirmative action in college admissions was a longstanding and hotly debated policy that allowed universities to use race as one factor in admissions decisions. With the landmark 2023 Supreme Court decision in Students for Fair Admissions (SFFA), many believe the era of race-conscious policies in university admissions has effectively... |
2024 |
| Ty Parks |
UNIONS, BLACK WORKERS, AND CRIMINAL RECORDS: RECKONING WITH THE LABOR MOVEMENT'S HISTORY OF RACIAL DISCRIMINATION SHOULD LEAD IT INTO THE FUTURE |
27 University of Pennsylvania Journal of Law and Social Change 71 (2024) |
Since the 1970s, the Labor Movement has been debilitated by a dramatic decline in union membership. However, in recent years, public approval of unions and unionization rates have increased, indicating the potential for Labor's resurgence. Ironically, the same demographic of workers that unions have historically excluded are the workers leading... |
2024 |
| Alex M. Johnson, Jr. |
UNRAVELING THE CONUNDRUM THAT IS SHELLEY v. KRAEMER: ENFORCEMENT OF RACIALLY RESTRICTIVE COVENANTS IS STATE ACTION |
57 Creighton Law Review 287 (April, 2024) |
I. INTRODUCTION. 287 II. SHELLEY V. KRAEMER: THE CONSTITUTIONAL LAW ANALYSIS. 296 III. CONTRACT LAW AND THE CREATION AND ENFORCEABILITY OF COVENANTS. 303 A. Contractual Issues Raised by Restrictive Covenants. 303 B. Servitudes: Turning to Property Law to Explain Racially Restrictive Covenants. 312 IV. RECORDING ACTS: THE KEY TO ENFORCEABLE... |
2024 |
| Jameca Woody Cooper |
UNSEEN SCARS |
39-FALL Criminal Justice 31 (Fall, 2024) |
The intersection of racism, trauma, and the criminal justice system presents a complex landscape that demands a nuanced understanding to ensure equitable and just outcomes. The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), defines trauma as exposure to actual or threatened death, serious injury, or sexual violence.... |
2024 |
| David Dante Troutt |
URBAN RENEWAL'S GRANDCHILDREN: REMEDYING THE PERSISTENT EFFECTS OF POST-WAR RACE PLANNING |
52 Fordham Urban Law Journal 91 (October, 2024) |
Urban renewal, a mid-century federal-local redevelopment program that transformed American cities and displaced millions of Black migrants from the South, was a race-conscious government policy responsible for the enduring suppression of Black wealth. Its racial history and character are untold in legal scholarship. This Article argues that the... |
2024 |
| Raquel Muñiz, JD, PhD., Nate Hutcherson, MSEd. |
USE OF EXTRA-LEGAL SOURCES IN THE SFFA DECISION: THE EVIDENCE THAT INFORMED THE COURT'S CURTAILING OF RACE-CONSCIOUS ADMISSIONS PRECEDENT |
422 West's Education Law Reporter 1 (6/6/2024) |
In June 2023, the U.S. Supreme Court issued one of the most anticipated rulings in higher education in recent history: Students for Fair Admissions v. Harvard; Students for Fair Admissions v. University of North Carolina (UNC) (SFFA). The Court held that the use of race in Harvard's and UNC's college admissions processes violated the Equal... |
2024 |
| Diane Kemker, J.D., LL.M |
USING A "MOVES TO INNOCENCE" APPROACH TO DISSECT AND DEBUNK THE CLAIM THAT CRITICAL RACE THEORY IS ANTISEMITIC |
27 Lewis & Clark Law Review 1145 (2024) |
In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected,... |
2024 |
| Semir Bulle, MD |
WE CANNOT POLICE SYSTEMIC RACISM AND SYSTEMIC POVERTY: WHY POLICING IS NOT A SOLUTION TO OUR PUBLIC HEALTH CRISIS |
2024 Utah Law Review 807 (2024) |
Health outcomes are profoundly influenced by the environmental conditions in which people live. The persistent legacy of structural injustices suffered by Indigenous and Black communities has had a detrimental effect on their current health status. These disparities are deeply troubling. In Canada, an individual's racial background is the primary... |
2024 |
| Issa Kohler-Hausmann |
WHAT DID SFFA BAN? ACTING ON THE BASIS OF RACE AND TREATING PEOPLE AS EQUALS |
66 Arizona Law Review 305 (Summer, 2024) |
The Supreme Court has declared that the race-conscious admissions at Harvard and the University of North Carolina (UNC) are unconstitutional under the Fourteenth Amendment of the United States Constitution. The problem is, nobody knows what, precisely, has been banned by the Court's decision in Students for Fair Admissions v. Harvard. The... |
2024 |
| Jill M. Fraley |
WHAT ROOSEVELT DID TO BROWN v. BOARD OF EDUCATION, OR RACE AND COURT PACKING |
102 Nebraska Law Review 575 (2024) |
Roughly one-third of American schools remain segregated. Scholars have offered a variety of explanations, mostly social and cultural, but sometimes legal, for why desegregation did not proceed effectively after Brown v. Board of Education. This Article articulates a less expected and previously undocumented cause: President Roosevelt's prior... |
2024 |
| Bertrall L. Ross II |
WHEN CLASS COMPETED WITH RACE AND LOST: AN ORIGIN STORY OF THE POLITICAL MARGINALIZATION OF THE POOR |
58 University of Richmond Law Review 671 (Symposium 2024) |
On March 1, 2024, the University of Richmond Law Review hosted a symposium entitled Vestiges of the Confederacy: Reckoning with the Legacy of the South. Professor Bertrall L. Ross II delivered the presentation transcribed below, which has been edited for clarity and cohesion. The University of Richmond Law Review was honored to host him and is... |
2024 |
| Marissa Jackson Sow |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
14 UC Irvine Law Review 459 (May, 2024) |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
2024 |
| LeRoy Pernell |
WHY I WILL NOT STOP TEACHING LAW STUDENTS TO THINK CRITICALLY ABOUT RACE: THE ATTACK ON TEACHING ABOUT THE ROLE OF RACE IN LAW |
25 Rutgers Race & the Law Review 1 (2024) |
In 2022, the Florida Legislature passed the Individual Freedom Act (IFA or HB 7). HB 7 prohibits training or instruction that espouses, promotes, advances, inculcates, or compels . student[s] or employee[s] to believe eight specified concepts. These eight concepts were as follows: 1. Members of one race, color, national origin, or sex are... |
2024 |
| Erica Preston-Roedder, Occidental College, eroedder@oxy.edu |
YOU AREN'T REALLY BLACK, YOU AREN'T REALLY WHITE |
27 Journal of Ethics & Social Philosophy 34 (March, 2024) |
Multiracial persons, e.g., people with parents of multiple races, are a significant demographic group within the US. Nevertheless, philosophical work on race has largely, and problematically, elided this group: we have ignored their distinctive racial experiences, and we have failed to deeply engage with the philosophical issues raised by... |
2024 |
| Sarah Cole , Grande Lum , Craig McEwen , Nancy Rogers |
"FRAMING" IN PUBLIC INITIATIVES TO ADVANCE RACIAL EQUITY |
38 Ohio State Journal on Dispute Resolution 255 (2023) |
I. Introduction II. Framing Choices A. Facilitative Mediation B. Community Policy Discussion C. Peacemaking/Restorative Processes D. Community Advocacy--Disruption E. Cognitive Aspects of Framing III. Framing Approaches at Various Stages of a Commission's Work: Finding Promising Ideas for Dealing with Framing Dilemmas A. The Planning Process,... |
2023 |
| Emerson Sykes |
"FREE SPEECH, ACADEMIC FREEDOM, AND RACIAL JUSTICE ON CAMPUS: AN ACLU LAWYER'S PERSPECTIVE" |
20 Hastings Race and Poverty Law Journal 3 (Winter, 2023) |
Emerson is a senior staff attorney with the ACLU Speech, Privacy, and Technology Project where he focuses on First Amendment speech protections. From 2019-2020, he was host of At Liberty, the ACLU's weekly podcast. Emerson holds a J.D. from the New York University School of Law, where he was a Root-Tilden-Kern scholar for public interest law, and a... |
2023 |
| Carrie Pettus , Shelby D. Pederson , Elizabeth J. Curley , Annie Grier , Matthew W. Epperson , Leon Sawh |
"PEOPLE MAKE MISTAKES" STAKEHOLDERS AND PARTICIPANTS' PERCEPTIONS OF THE ACCEPTABILITY, APPROPRIATENESS, AND FEASIBILITY OF DIVERSION AND DEFERRED PROSECUTION PROGRAMS |
29 Psychology, Public Policy, and Law 154 (May, 2023) |
Deferred prosecution programs (DPPs--also known as prosecutor-led diversion) are a type of diversion program that diverts individuals from traditional court proceedings to participate in specific program requirements in return for dismissal or expungement of their charge(s). Yet, there is no standardized DPP model applied across programs and... |
2023 |
| Katheryn Russell-Brown |
"THE STOP WOKE ACT": HB 7, RACE, AND FLORIDA'S 21ST CENTURY ANTI-LITERACY CAMPAIGN |
47 New York University Review of Law and Social Change 338 (2023) |
Florida's Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7. With a particular focus on the law school... |
2023 |
| Kathryn Schumaker , Department of History, University of Oklahoma, Norman, OK, USA, Email: schumaker@ou.edu |
"UNLAWFUL INTIMACY": MIXED-RACE FAMILIES, MISCEGENATION LAW, AND THE LEGAL CULTURE OF PROGRESSIVE ERA MISSISSIPPI |
41 Law and History Review 773 (November, 2023) |
This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys... |
2023 |
| Taylor Nicolas |
"WHO WAS YOUR GRANDFATHER ON YOUR MOTHER'S SIDE?" SEDUCTION, RACE, AND GENDER IN 1932 VIRGINIA |
34 Yale Journal of Law & the Humanities 364 (2023) |
Was Dorothy Short Black? And, more importantly, did she know it? These questions, odd-sounding and perhaps unsettling to the contemporary reader, were the ones raised by Leonard Harry Wood in the hopes of avoiding incarceration for the crime of seduction. This Article looks closely at the story of Dorothy Short and Leonard Wood, their relationship,... |
2023 |
| Jackson Whetsel, Esq. |
(UN)CONSTITUTIONAL CARRY: HOW DRUG AND GUN LAWS CONSPIRE IN STAND YOUR GROUND STATES TO CREATE A DISARMED, SUBMISSIVE CLASS BASED ON RACE |
53 University of Memphis Law Review 571 (Spring, 2023) |
Introduction. 572 I. Tennessee's Form of Constitutional Carry. 577 A. The Tennessee Law Creates an Exception to an Existing Prohibition. 578 B. The Tennessee Law Does Not Remove Any Existing Firearm Prohibitions. 580 C. The Tennessee Law Applies to The Intent to Go Armed. 584 II. How Did We Get Here? DC v. Heller and the Constitutional Basis... |
2023 |
| Sydney Baker , Kamar Y. Tazi , Emily Haney-Caron |
A CRITICAL DISCUSSION OF YOUTH MIRANDA WAIVERS, RACIAL INEQUITY, AND PROPOSED POLICY REFORMS |
29 Psychology, Public Policy, and Law 320 (August, 2023) |
Courts often assume that youth and adult suspects are equally capable of making decisions about whether to talk to police officers--decisions that carry serious long-term consequences. In Miranda v. Arizona, the Supreme Court ruled that prior to custodial interrogation, police officers must remind suspects of their rights to silence and legal... |
2023 |
| Monika Batra Kashyap |
A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS |
38 Berkeley Journal of Gender, Law & Justice 52 (2023) |
This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... |
2023 |
| James A. Gross |
A NEW DEAL FOR A RIGHT TO WORK: CONFRONTING RACISM AND INEQUALITY IN THE U.S. |
25 Scholar: St. Mary's Law Review on Race and Social Justice 245 (2023) |
Introduction. 246 I. A Right to Work in the United States. 254 A. From Slavery to New Deal. 256 B. The National Resources Planning Board. 258 C. FDR's Economic Bill of Rights and the 1945 Full Employment Bill. 260 II. Race and Work. 262 A. Fair Employment Practices Committee. 262 B. Brown v. Board of Education: Civil Not Economic Rights. 265 C.... |
2023 |
| Henry Goldberg |
A PROMISE DEFERRED: AN EXAMINATION OF ACCESSIBILITY'S INTERSECTION WITH RACE/ETHNICITY IN THE PHILADELPHIA TRANSIT SYSTEM AND THE NEW YORK CITY SUBWAY |
54 Columbia Human Rights Law Review 780 (Spring, 2023) |
Over thirty years after the passage of the Americans with Disabilities Act, Philadelphia's rail and trolley networks and New York City's subway system are still terrible for accessibility. In New York, a mere 24-28% of stations are accessible. For people with disabilities--particularly mobility disabilities-- this makes the accessible parts of the... |
2023 |
| Livia Stahle |
A PUBLIC BANKING OPTION AS A VIABLE SOLUTION TO COUNTER THE RACIAL ECONOMIC INEQUALITY PERPETUATED BY PREDATORY OVERDRAFT FEE SCHEMES |
27 U.C. Davis Social Justice Law Review 163 (Summer, 2023) |
C1-2Table of Contents Introduction. 165 I. Corporate Reliance on Exploitative Overdraft Practices and the Harm to Low-Income Individuals and People of Color. 169 A. The Emergence of Megabanks and Overdraft Fees as a Profit Machine. 170 B. Deceptive Practices. 173 1. Unreasonable Fees. 174 2. Multiple Fees Per Day and Sustained Overdraft Fees. 175... |
2023 |
| Steven A. Ramirez |
A VISION OF THE ANTI-RACIST PUBLIC CORPORATION |
91 University of Cincinnati Law Review 828 (2023) |
In recent years, the law has concentrated further economic and political power within the publicly traded corporation. Even before these legal renovations, expert observers suggested that the legal frameworks governing the public firm permitted management sufficient legal autonomy to overcompensate themselves and to create governance structures... |
2023 |