| Author | Title | Citation | Summary | Year |
| 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 |
| Catherine Bramble, Rory Bahadur |
ACTIVELY ACHIEVING GREATER RACIAL EQUITY IN LAW SCHOOL CLASSROOMS |
70 Cleveland State Law Review 709 (2022) |
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and... |
2022 |
| Lindsay M. Farbent |
ADDRESSING THE DISPROPORTIONATE ADVERSE HEALTH EFFECTS AMONG BIPOC COMMUNITIES AS A RESULT OF ENVIRONMENTAL RACISM |
12 Barry University Environmental and Earth Law Journal 100 (Summer, 2022) |
Around one in three (31%) of Black Americans, compared to only 9% of their white counterparts, reported personally knowing someone who has died from COVID-19. Black folks are thirty percent more likely to die prematurely from heart disease and twice as likely to die of a stroke as white folks. Black folks, Indigenous folks, and People of Color are... |
2022 |
| Bill Ong Hing |
ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS |
9 Belmont Law Review 357 (Spring, 2022) |
Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... |
2022 |
| |
ADMINISTRATIVE LAW--FAIR HOUSING ACT--EN BANC SECOND CIRCUIT IGNORES HUD REGULATION IN TENANT-ON-TENANT RACIAL HARASSMENT CASE.--FRANCIS v. KINGS PARK MANOR, INC., 992 F.3D 67 (2D CIR. 2021) |
135 Harvard Law Review 2195 (June, 2022) |
Happiest is he . for whom there waits Comfort at home. --Johann Wolfgang von Goethe For many in the United States, the home offers neither rest nor repose. Complaints of housing discrimination--and particularly residential harassment-- are on the rise, with millions more cases estimated to be unreported. Under the Obama Administration, the... |
2022 |
| Moriah Mendicino |
AMERIKKKAN SCHOOLS: HOW ANTI-BLACK RACIAL INEQUITY IS PERPETUATED BY THE PUBLIC SCHOOL SYSTEM WITH HELP FROM MODERN COURTS |
23 Rutgers Race & the Law Review 451 (2022) |
Somewhere in the dream - we had an epiphany. Now, we right the wrongs in history. I once stood at the head of a predominately Black American classroom as a white teacher facilitating a discussion with my students about their right to an education. I believed then, like so many, that children in America were Constitutionally entitled to such. A... |
2022 |
| Thalia González, Alexis Etow, Cesar De La Vega |
AN ANTIRACIST HEALTH EQUITY AGENDA FOR EDUCATION |
50 Journal of Law, Medicine & Ethics 31 (Spring, 2022) |
Keywords: Education Law and Policy, School Discipline and Policing, Structural Discrimination, Racism is a Public Health Crisis, Social Determinants of Health, Antiracist Health Equity Agenda Abstract: With growing public health and health equity challenges brought to the forefront--following racialized health inequities resulting from COVID-19 and... |
2022 |
| Sidney S. Welch , Tricia “CK” Hoffler |
AN EPIDEMIC OF RACISM IN PEER REVIEW: KILLING ACCESS TO BLACK AND BROWN PHYSICIANS |
16 Journal of Health & Life Sciences Law 42 (2022) |
ABSTRACT: Recently, the medical profession has experienced a significant increase in the number of adverse medical staff actions against physicians of color. This crisis is one of epidemic proportions and impact, threatening the economic, physical, and mental well-being of African American physicians and taking a corresponding toll on the health... |
2022 |
| L. Kate Mitchell, Maya K. Watson, Abigail Silva, Jessica L. Simpson |
AN INTER-PROFESSIONAL ANTIRACIST CURRICULUM IS PARAMOUNT TO ADDRESSING RACIAL HEALTH INEQUITIES |
50 Journal of Law, Medicine & Ethics 109 (Spring, 2022) |
Keywords: Antiracism, Health, Equity, Curriculum, Interprofessional Abstract: Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life... |
2022 |
| Peter H. Huang |
ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY |
16 FIU Law Review 669 (Spring, 2022) |
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... |
2022 |
| Danielle M. Conway |
ANTIRACIST LAWYERING IN PRACTICE BEGINS WITH THE PRACTICE OF TEACHING AND LEARNING ANTIRACISM IN LAW SCHOOL |
2022 Utah Law Review 723 (2022) |
I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal... |
2022 |
| Sophia Miller |
APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (QATAR v. U.A.E.), THE ICJ LIMITS THE APPLICABILITY OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF RACIAL DISCRIMINATION |
30 Tulane Journal of International and Comparative Law 449 (Summer, 2022) |
I. Overview. 449 II. Background. 450 A. Jurisdictional Requirements for ICERD Claims. 450 B. Analyzing a Claim Under ICERD. 451 III. Court's Decision. 453 IV. Analysis. 456 V. Conclusion. 458 |
2022 |
| Rohit Asirvatham, Michael D. Frakes |
ARE CONSTITUTIONAL RIGHTS ENOUGH? AN EMPIRICAL ASSESSMENT OF RACIAL BIAS IN POLICE STOPS |
116 Northwestern University Law Review 1481 (2022) |
Abstract--This Article empirically tests the conventional wisdom that a permissive constitutional standard bearing on pretextual traffic stops--such as the one announced by the Supreme Court in Whren v. United States-- contributes to racial disparities in traffic stops. To gain empirical traction on this question, we look to state constitutional... |
2022 |
| Andrea A. Curcio, Alexis Martinez |
ARE DISCIPLINE CODE PROCEEDINGS ANOTHER EXAMPLE OF RACIAL DISPARITIES IN LEGAL EDUCATION? |
22 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2022) |
Addressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems... |
2022 |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
| Sarah Schweitzer |
AT THE INTERSECTION OF RACE AND HEALTH: RACIAL DISPARITIES IN THE MATERNAL HEALTHCARE SYSTEM |
20 Seattle Journal for Social Justice 745 (Spring, 2022) |
I almost died after giving birth to my daughter, Olympia. Yet I consider myself fortunate. While I had a pretty easy pregnancy, my daughter was born by emergency C-section after her heart rate dropped dramatically during contractions. The surgery went smoothly. Before I knew it, Olympia was in my arms. It was the most amazing feeling I've ever... |
2022 |
| Rebecca Yin |
BANS WITH NO BITE: WHY RACIAL PROFILING BANS ARE UNABLE TO CREATE RACIAL JUSTICE IN POLICING |
43 Cardozo Law Review 1677 (April, 2022) |
C1-2Table of Contents Introduction. 1678 I. Background. 1681 A. A System Primed for Abuse. 1681 B. The Racial Profiling Problem. 1683 II. Analysis. 1686 A. Limitations of Traffic Stop Data. 1686 B. Traffic Stop Demographics. 1690 C. Self-Sabotaging Statutes. 1692 III. Possible Solutions. 1700 A. Legislative and Policy Reform. 1701 B. Judicial... |
2022 |
| Sherif Robert Hesni Jr. |
BASKETBALL ON STRIKE: THE ALL-STARS OF THE FIGHT FOR RACIAL EQUALITY |
24 Vanderbilt Journal of Entertainment and Technology Law 561 (Spring, 2022) |
National Basketball Association players have a long history of fighting against racial injustice. In August 2020, players participated in the most attention-grabbing endeavor to date: a league-wide strike against racial discrimination in the United States. Refusing to play games entails financial risk for players because of a no-strike clause in... |
2022 |
| Maggie Hadley |
BEHIND THE BLUE WALL OF SILENCE: RACIAL DISPARITIES IN NYPD DISCIPLINE |
53 Columbia Human Rights Law Review 663 (Spring, 2022) |
This Note presents the first contemporary empirical study of racial disparities in New York City Police Department (NYPD) discipline. Historically, the NYPD, like many departments across the country, applied its enormous disciplinary discretion in secrecy. That changed in June of 2020, when New York City publicly released thousands of civilian... |
2022 |
| Kadean Wilson |
BIAS AND SEXISM: THE RACIAL AND GENDER WAGE GAP AFFECTING BLACK WOMEN |
17 Florida A & M University Law Review 33 (Fall, 2022) |
C1-2Table of Contents Introduction. 33 I. From Slavery to the Workforce. 35 II. The Racial Wage Gap in the 21st Century. 38 III. How Legislation Has Failed Black Women. 39 A. Equal Pay Act of 1963. 40 B. Title VII of the Civil Rights Act of 1964. 41 IV. The Racial Wage Gap Explained. 44 A. Education and Experience. 45 B. Women Work Less. 45 C.... |
2022 |
| Goldburn P. Maynard Jr. |
BIDEN'S GAMBIT: ADVANCING RACIAL EQUITY WHILE RELYING ON A RACE-NEUTRAL TAX CODE |
131 Yale Law Journal Forum 656 (9-Jan-22) |
abstract. The American Rescue Plan Act was both a major infusion of economic aid to low-income and middle-class Americans and an opportunity for the Biden Administration to keep its promise to promote racial equity. This Essay analyzes ARPA's major provisions to determine their potential impact on racial equity. It argues that the Biden... |
2022 |
| Terrence M. Franklin |
BLACK DEATHS SHOULD MATTER, TOO!: ESTATE PLANNING AS A TOOL FOR ANTIRACISTS |
68 Practical Lawyer 9 (Jun-22) |
And since I feel today New York is really My personal property I'll tell you what I'm gonna do... Since I like you very much, So very, very much, I'm gonna split it with you. Since I like you very much, So very, very much, I'm gonna split it with you! -- Sweet Charity (Universal Pictures 1969) Just as the negative effects of most legal policies and... |
2022 |
| Tom Stanley-Becker |
BREAKING THE CYCLE OF HOMELESSNESS AND INCARCERATION: PRISONER REENTRY, RACIAL JUSTICE, AND FAIR CHANCE HOUSING POLICY |
7 University of Pennsylvania Journal of Law & Public Affairs 257 (May, 2022) |
This article is the first to systematically demonstrate that fair chance housing ordinances constitute an innovative policy response to the confluence of two critical problems--mass incarceration and homelessness, both of which disproportionately affect people of color. The ordinances restrict landlords from investigating the criminal history of... |
2022 |
| Jeremiah Johnson, Asa Radix, Raniyah Copeland, Guillermo Chacón |
BUILDING RACIAL AND GENDER EQUITY INTO A NATIONAL PREP ACCESS PROGRAM |
50 Journal of Law, Medicine & Ethics 55 (Summer, 2022) |
Keywords: Pre-exposure Prophylaxis (PrEP), HIV, Uninsured, Racial Equity, Gender Equity Abstract: Transgender and gender diverse (TGD), Black, and Latinx communities have long borne a disproportionate share of the U.S. HIV epidemic, yet these same key demographics are continually underrepresented in national PrEP prescriptions. Black, Latinx, and... |
2022 |
| Ariana R. Levinson , Sonya Faber , Dana Strauss , Sophia Gran-Ruaz , Amy Bartlett , Maria Macaluso , Monnica T. Williams |
CHALLENGING JURORS' RACISM |
57 Gonzaga Law Review 365 (2021/2022) |
Despite overwhelming documentation of disproportionate arrest, prosecution, conviction, and incarceration of Black Americans and the many psychological tools available to assess racism and implicit bias, anti-racist jury selection remains an understudied area of research. An evidence-based, anti-racist jury selection process is an urgent need,... |
2022 |
| Lauren Silk |
CLOSING THE GATES TO RACIAL PARITY: VENTURE PHILANTHROPY'S PERPETUATION OF RACIAL DISPARITIES IN THE EDUCATIONAL SPHERE |
12 University of Miami Race & Social Justice Law Review 197 (Spring, 2022) |
In the decades-long rise of neoliberalism, venture philanthropy has emerged as a respected solution towards addressing reforms to public education. Private foundations such as the Bill and Melinda Gates Foundation have led the charge for education development in the United States. However, the infusion of private donations and adoption of business... |
2022 |
| Sydney Groll |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
2022 |
| Stephanie Bornstein |
CONFRONTING THE RACIAL PAY GAP |
75 Vanderbilt Law Review 1401 (October, 2022) |
For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... |
2022 |
| Sydnee Sousa |
CONNECTICUT WORKERS' COMPENSATION COVERAGE FOR MEDICAL CANNABIS IN THE AGE OF THE OPIOID CRISIS |
53 Connecticut Law Review 945 (February, 2022) |
In 2019 the Connecticut Workers' Compensation Review Board (CRB) in Caye v. Thyssenkrupp Elevator rejected the employer and its workers' compensation insurer's argument that the Workers' Compensation Commission cannot compel them to reimburse the cost of medical cannabis because such an order would require them to engage in conduct that is... |
2022 |
| Sarah Thompson Schick, Kirsten Axelsen |
CONSIDERING MODIFICATIONS TO EXISTING FDA REGULATORY INCENTIVES TO ACHIEVE GREATER RACIAL AND ETHNIC DIVERSITY IN PIVOTAL CLINICAL TRIALS FOR DRUG APPROVALS |
77 Food & Drug Law Journal 246 (2022) |
When clinical trials for new drug approvals fail to adequately represent racial and ethnic groups, there is a lost opportunity to collect data on people who will be prescribed these medications. In this Paper, we consider data published by the U.S. Food and Drug Administration reflecting the current state of diversity in pivotal clinical trials,... |
2022 |
| Shanelle Dupree |
CREATING RACIAL EQUITY IN CHILD WELFARE REQUIRES COURAGEOUS CONVERSATIONS |
91-OCT Kansas Bar Journal 32 (September/October, 2022) |
I spent time teaching health policy and the law. In the health policy world, there is a concept called health in all policies, meaning health is created by a multitude of factors and policies in sectors other than health. These include the foods we eat, where we live, the media we watch, and the laws enacted. The goal of better health outcomes is... |
2022 |
| Matthew A. Gasperetti |
CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS |
76 University of Miami Law Review 525 (Winter, 2022) |
Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... |
2022 |
| Bridgett Cecilia McCoy |
CRITICAL INFRASTRUCTURE, ENVIRONMENTAL RACISM, AND PROTEST: A CASE STUDY IN CANCER ALLEY, LOUISIANA |
53 Columbia Human Rights Law Review 582 (Spring, 2022) |
The ability to assemble, protest, and air grievances in the public sphere of one's community is not only a cherished right but is also an essential safeguard of other rights. In the Black communities of Cancer Alley, a polluted industrial corridor in Southern Louisiana, the state's critical infrastructure law has rendered protest on or near the... |
2022 |
| Anthony Rychkov |
CRITICAL TAX THEORY: COMBATTING RACIAL AND INCOME INEQUALITY IN AMERICA |
21 Seattle Journal for Social Justice 87 (Fall, 2022) |
Critical race theory holds that racism is not merely the product of individual bias and prejudices but also something embedded in legal systems and policies. This article will particularly discuss critical race theory and its effects on U.S. tax policies, something I would like to call critical tax theory. As Benjamin Franklin famously noted,... |
2022 |
| Prashasti Bhatnagar |
DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH |
36 Georgetown Immigration Law Journal 1017 (Spring, 2022) |
This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... |
2022 |
| Thalia González |
DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS |
70 UCLA Law Review Discourse 40 (2022) |
This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... |
2022 |
| McKenna Stone Cloud |
DISCRIMINATION AND DISPARITY: VIOLATING OLMSTEAD v. L.C. DISCRIMINATES AGAINST THE PSYCHIATRICALLY VULNERABLE AND FOSTERS RACIAL/ETHNIC AND SOCIOECONOMIC MENTAL HEALTH DISPARITIES |
40 Mississippi College Law Review 131 (2022) |
Mississippi is one of several states still in violation of federal laws by unnecessarily institutionalizing individuals with serious mental illness and intellectual and developmental disabilities (psychiatric vulnerabilities) and by failing to offer sufficient community-based mental health services. This Comment uses Mississippi's broken mental... |
2022 |
| Raquel Muñiz , Sergio Barragán |
DISRUPTING THE RACIALIZED STATUS QUO IN EXAM SCHOOLS?: RACIAL EQUITY AND WHITE BACKLASH IN BOSTON PARENT COALITION FOR ACADEMIC EXCELLENCE v. THE SCHOOL COMMITTEE OF THE CITY OF BOSTON |
49 Fordham Urban Law Journal 1043 (October, 2022) |
Introduction. 1044 I. Literature Review. 1049 A. White Backlash and White Victimhood. 1050 B. Color-Evasiveness and the Burden of Silent Racism. 1054 C. Racialization of High-Stakes Testing. 1056 II. The BPCAE v. Boston Controversy as a Case Study. 1061 A. Legal Precedent and Social Context Surrounding the Case. 1061 B. Conceptual Lens and Analytic... |
2022 |
| Colin Gordon |
DRESS REHEARSAL FOR SHELLEY: SCOVEL RICHARDSON AND THE CHALLENGE TO RACIAL RESTRICTIONS IN ST. LOUIS |
67 Washington University Journal of Law & Policy 87 (2022) |
Throughout the twenty-first century, St. Louis was one of the most segregated metropolitan cities in the nation. This problematic setting allowed the city to become ground zero for the legal battle against racial segregation. While many are aware of the historic ruling in Shelley v. Kraemer, which prohibited state enforcement of racially... |
2022 |
| Association of Corporate Counsel |
EFFECTIVE CONVERSATIONS IN THE MIDST OF RACIAL UNREST: TIPS FOR IN-HOUSE COUNSEL |
8/22/2022 ACC Docket 2 (22-Aug-22) |
Cheat Sheet: Organizations must encourage and foster authentic conversations, even if difficult, on issues like racial strife and unrest. A sense of belonging is critical to an organization's culture of inclusiveness. One of the biggest challenges in fostering inclusiveness is confusion and anxiety about what is okay to say, what to avoid, and... |
2022 |
| Daniel Andrés Domínguez |
ENVIRONMENTAL RACISM ON TUCSON'S SOUTHSIDE: AN OVERVIEW OF THE TUCSON SUPERFUND SITE AND A CALL TO ADDRESS NEW CHEMICAL CONTAMINATION |
12 Arizona Journal of Environmental Law & Policy 239 (Spring, 2022) |
Since the 1970s, the term environmental racism has become more commonplace in the public sphere and is largely recognized when governments and private industry aim to develop or use land for their own interests at the expense of the health and safety of the communities that reside nearby. This is a positive development in the evolution of... |
2022 |
| Seattle University Law Review |
EPOCH: GOING BEYOND A RACIAL RECKONING |
45 Seattle University Law Review 785 (Spring, 2022) |
In partnership with the Seattle University Black Law Students Association, the Seattle University Law Review is excited to introduce the inaugural Spotlight Symposium--Epoch: Going Beyond a Racial Reckoning. In June 2020, the Seattle University Law Review Volume 44 Masthead made a public commitment to anti-racism within our organization and our... |
2022 |
| Maxwell Nettler |
EQUITY THROUGH EFFICIENCY: RETHINKING SUPERFUND POLICY IN LIGHT OF TORT LAW-PROVOKED ENVIRONMENTAL RACISM |
30 New York University Environmental Law Journal 267 (2022) |
Introduction. 267 I. The Cleanup Stage. 271 A. Structure of CERCLA. 271 B. EPA's Risk Assessment Methodology. 275 C. Inefficiencies in EPA's Methodology. 278 D. An Issue of Environmental Justice. 282 II. The Siting Stage. 283 A. Tort Law and Perverse Incentives. 283 B. Empirical Evidence. 286 C. Case Studies. 289 1. Dickson County. 289 2. Warren... |
2022 |
| Alicia E. Plerhoples |
ESG & ANTI-BLACK RACISM |
24 University of Pennsylvania Journal of Business Law 909 (2022) |
Introduction. 910 I. ESG Racial Equity Goals. 912 II. The Actors Setting ESG Racial Equity Standards. 916 A. Federal Regulation. 916 1. Equal Employment Opportunity Commission: EEO-1. 916 2. The Securities Exchange Commission's Diversity Assessment Report. 917 3. The Office of Federal Contract Compliance Programs. 918 B. Private ESG Efforts. 919 1.... |
2022 |
| Scott Devito, Kelsey Hample, Erin Lain |
EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION |
55 University of Michigan Journal of Law Reform 597 (Spring, 2022) |
The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... |
2022 |
| Elizabeth R. Schiltz , Samia Young |
EXPLORING MINNESOTA'S PROBLEMATIC RACIAL IMBALANCE IN SPECIAL EDUCATION SERVICES FOR STUDENTS WITH EMOTIONAL OR BEHAVIORAL DISORDERS |
17 University of Saint Thomas Law Journal 1022 (Spring, 2022) |
On January 23, 2020, the authors of this article began their work together on a one-time course offered at the University of St. Thomas School of Law (UST Law) called IEP Clinic Design. Professor Elizabeth Schiltz was exploring the idea of establishing a clinic at UST Law that could offer services in a woefully underserved legal field: helping... |
2022 |
| Steven A. Dean |
FILING WHILE BLACK: THE CASUAL RACISM OF THE TAX LAW |
2022 Utah Law Review 801 (2022) |
The tax law's race-blind approach produces bad tax policy. This Essay uses three very different examples to show how failing to openly and honestly address race generates bias, and how devasting the results can be. Ignoring race does not solve problems; it creates them. ProPublica has shown, for example, that because of the perils of filing income... |
2022 |
| Kermit V. Lipez |
FILMING THE POLICE AS CITIZEN-JOURNALISTS--A TALE OF TWO HEROES: WHAT THEY DID, WHY THEY COULD DO IT, AND THE CONSEQUENCES FOR THE RACIAL DIVIDE IN THIS COUNTRY |
22 Journal of Appellate Practice and Process 29 (Winter, 2022) |
On Yom Kippur I gave a talk at the Etz Chaim synagogue in Portland, Maine, discussing a decision I wrote about ten years ago for the First Circuit, Glik v. Cunniffe. Although discussing an appellate opinion during a religious service on the holiest day of the year might seem an odd choice, I thought it was appropriate for several reasons. The Glik... |
2022 |