| Author | Title | Citation | Summary | Year |
| Elizabeth Tobin-Tyler |
ABORTION RIGHTS AND THE CHILD WELFARE SYSTEM: HOW DOBBS EXACERBATES EXISTING RACIAL INEQUITIES AND FURTHER TRAUMATIZES BLACK FAMILIES |
51 Journal of Law, Medicine & Ethics 575 (Fall, 2023) |
Keywords: Dobbs v. Jackson Women's Health, Abortion Bans, Child Welfare System, Racial Inequities Abstract: This article explores how abortion bans in states with large Black populations will exacerbate existing racial inequities in those states' child welfare systems. In Dobbs v. Jackson Women's Health Organization, the Supreme Court returned to... |
2023 |
| Rana L. Freeman |
ADMISSIONS DENIED: THE EFFECTS ON CORPORATE AMERICA JOBS IF RACE IS EXCLUDED AS A FACTOR IN UNIVERSITY ADMISSIONS |
50 Southern University Law Review 111 (Spring, 2023) |
The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth out of a multitude of tongues, [rather] than through any kind of authoritative selection. It is the year 2030, and race is no longer considered a factor in a university's admissions process. She braced herself. She has... |
2023 |
| Yael Zakai Cannon, Vida Johnson |
ADVANCING RACIAL JUSTICE THROUGH CIVIL AND CRIMINAL ACADEMIC MEDICAL-LEGAL PARTNERSHIPS |
30 Clinical Law Review 29 (Fall, 2023) |
The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave... |
2023 |
| Teri A. McMurtry-Chubb |
ALL OF US OVERSEERS: RACE UNEQUALS IN THE LEGAL ACADEMY |
56 Creighton Law Review 211 (March, 2023) |
I. INTRODUCTION. 211 II. THE LAW SCHOOLS THE PLANTERS MADE. 212 III. A DESIGN FOR MASTERY. 216 IV. THIS HALF ALMOST NEVER GETS TO TELL. 219 V. CONCLUSION. 221 |
2023 |
| Marcus Arvan, University of Tampa, marvan@ut.edu |
ALLIES against OPPRESSION |
26 Journal of Ethics & Social Philosophy 221 (December, 2023) |
Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). On the one hand, many feminists and critical race theorists criticize liberalism for inadequately addressing oppression. On the other, some contend that feminism and CRT conflict with liberal commitments to objectivity, fallibility, and pluralism. In response,... |
2023 |
| Matthew W. Finkin |
AN ACCOUNT OF THE DELIBERATIONS OF THE FACULTY COMMITTEE ON ACADEMIC FREEDOM AND UNACCEPTABLE SPEECH, MICHAEL BÉRUBÉ AND JENNIFER RUTH, IT'S NOT FREE SPEECH: RACE, DEMOCRACY, AND THE FUTURE OF ACADEMIC FREEDOM BALTIMORE: JOHNS HOPKINS UNIVERSITY PRESS, 20 |
51 Hofstra Law Review 477 (Spring, 2023) |
I. The Committee's Provenance and Charge. 477 II. The Report of the Subcommittee. 481 III. The Committee's Deliberations. 487 Draft No. 1. 487 Draft No. 2. 491 Draft No. 3. 493 Draft No. 4. 495 Final Draft. 501 V. Postscript. 502 |
2023 |
| William Froehlich, Sara del Nido Budish, Jan Martinez, Cary McClelland, Neil McGaraghan, Carl Smallwood |
AN INTRODUCTION TO THE COLLABORATIVE SYMPOSIUM SERIES "RETHINKING SYSTEMS DESIGN FOR RACIAL JUSTICE & EQUITY" |
38 Ohio State Journal on Dispute Resolution 1 (2023) |
In late 2020, the Divided Community Project (DCP), housed at The Ohio State University Michael E. Moritz College of Law's Program on Dispute Resolution, envisioned hosting a collaborative event series designed to draw together and elevate dispute systems design lessons for enhancing racial equity from US-based truth, reconciliation, action, and... |
2023 |
| |
ANIMAL RIGHTS--UTILIZATION OF RACIAL PRECEDENT-- NEW YORK COURT OF APPEALS REJECTS EXTENDING WRIT OF HABEAS CORPUS TO ELEPHANT.--NONHUMAN RIGHTS PROJECT, INC., EX REL. HAPPY v. BREHENY, NO. 52, 2022 WL 2122141 (N.Y. JUNE 14, 2022), REARGUMENT DENIED, NO. |
136 Harvard Law Review 1292 (February, 2023) |
Elephant is not the new Black. Happy, a fifty-one-year-old Asian elephant, is a longtime resident of the Bronx Zoo whose solitary confinement spurred legal advocates to petition for a writ of habeas corpus on her behalf. According to the Nonhuman Rights Project (the animal rights organization representing the pachyderm), refusing to recognize... |
2023 |
| E. Tendayi Achiume , Gay McDougall |
ANTI-RACISM AT THE UNITED NATIONS |
117 AJIL Unbound 82 (2023) |
Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional... |
2023 |
| Jason D. Williamson |
ANTIRACIST PAROLE REFORM IS PAST DUE |
48 Human Rights 4 (April, 2023) |
On January 18, 2023, as the New York legislative session got underway, hundreds of organizers, advocates, and concerned residents from across the state gathered in Albany to celebrate the homecomings and accomplishments of dozens of formerly incarcerated people who have been granted parole in recent years. The gathering, organized by the People's... |
2023 |
| Hiba Hafiz |
ANTITRUST AND RACE |
100 Washington University Law Review 1471 (2023) |
Antitrust law regulates the consolidation and abuse of economic power. One of its core tasks is to ensure that market success is not rigged in favor of undeserving winners against excluded competitors at consumers' and workers' expense. But for their entire enforcement and doctrinal history, antitrust regulators and courts have built a legal... |
2023 |
| Maryam Asenuga |
AREN'T I A WOMAN DESERVING OF JUSTICE? RESTRUCTURING VAWA'S FUNDING STRUCTURE TO CREATE RACIAL AND GENDER EQUITY |
13 Columbia Journal of Race and Law 853 (June, 2023) |
Because young Black women . are depicted not as frightened, pregnant adolescents who are . abused by men . but as criminal defendants . it is virtually impossible for the mainstream public, their communities, or their potential advocates to understand their vulnerability or to respond accordingly. This Note analyzes the funding priorities of the... |
2023 |
| Priya S. Gupta |
AUTOMATING RACIALIZATION IN INTERNATIONAL LAW |
117 AJIL Unbound 156 (2023) |
From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... |
2023 |
| Jessica Xu |
AWARDING RACIAL SEGREGATION: THE LOW-INCOME HOUSING TAX CREDIT AS A NEW RACIALLY RESTRICTIVE COVENANT |
70 UCLA Law Review 596 (August, 2023) |
The United States has a history of racial segregation in its facilitation of federal housing programs. One such program, the Low-Income Housing Tax Credit (LIHTC), was intended to respond to the need for affordable housing since its establishment in 1986. Through the LIHTC program, the federal government grants tax credits to investors and... |
2023 |
| Regina S. Baker , Fenaba R. Addo |
BARRIERS TO RACIAL WEALTH EQUALITY |
48 Human Rights 2 (2023) |
In the United States, racial wealth inequality, particularly the Black-white wealth gap, is massive. In 2019, the median wealth for white households was $188,200, compared to $24,100 and $36,100 for Black and Hispanic households, respectively (Bhutta et al., 2020). To better understand the ongoing persistence of this racial wealth inequality, we... |
2023 |
| Gabriel Jack Chin , Gregory Downs , Mary Louise Frampton , Beth Rose Middleton Manning , Beth Rose Middleton Manning, Charles Petersen, Charles Reichmann, Virginia Scharff, Stacey Smith, Hosts, Panelists |
BEYOND BLACK AND WHITE: TRANSCRIPT OF THE FREE PEOPLE OF COLOR SYMPOSIUM DISCUSSING CAMPUS APPROACHES TO RACE IN TWENTIETH CENTURY WEST COAST UNIVERSITIES AND A RACIAL JUSTICE AUDIT TEMPLATE FOR UNIVERSITIES |
27 U.C. Davis Social Justice Law Review 75 (Summer, 2023) |
C1-2Table of Contents Background from the Symposium Hosts. 76 Introduction by Dean Kevin Johnson. 80 Dr. Charles Petersen, Meritocracy and Exclusion at Stanford. 81 Questions for Dr. Charles Petersen. 84 Dr. Beth Rose Middleton Manning, Moments of Reckoning: Land Grab, Naming, and Community. 86 Questions for Dr. Beth Rose Middleton Manning. 90 Dr.... |
2023 |
| Kelsey Eyanson |
BILLIONAIRES ECLIPSE NASA: THE NEXT SPACE RACE OVER NATIONAL REGULATION |
60 Houston Law Review 1181 (Spring, 2023) |
The area of space law is rapidly becoming the most recent victim of a slow-moving regulatory system. Within the last few years, there has been an explosion of private entities launching both payloads and people into space. However, U.S. companies' expeditions into space have far-reaching consequences for those left at home. The Outer Space Treaty... |
2023 |
| Ayesha Bell Hardaway |
BLACK AND BLUE: THE INTRACTABLE PRESENCE OF RACE IN AMERICAN POLICING |
73 Case Western Reserve Law Review 607 (Spring, 2023) |
The Racial Reckoning of 2020 ignited a national conversation about the myriad structural flaws in our policing systems. This was not the first time. Modern America has experienced several waves of national discussions about policing. The first sustained wave began during the 1950s and ran through the 1960s, with Black activists and their allies... |
2023 |
| Chelsea Sullivan |
BURIED BY THE BURDEN: THE RACIAL AND SOCIOECONOMIC IMPACT OF THE BURDEN OF PROOF IN DUE PROCESS HEARINGS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT |
7 Howard Human & Civil Rights Law Review 119 (2022-2023) |
C1-3Table of Contents L1-2Introduction . L3120 I. The Legislative History and Subsequent Enforcement of the IDEA. 122 A. The IDEA's Foundation and Development of a Student's IEP. 122 B. Schaffer v. Weast. 125 II. Intersection of Identities. 127 A. Disability and Socioeconomic Challenges in Due Process Hearings. 128 B. Addressing Potential... |
2023 |
| Katie O'Brien |
CAMERA-ENFORCED STREETS: CREATING AN ANTI-RACIST SYSTEM OF TRAFFIC ENFORCEMENT |
36 Journal of Civil Rights & Economic Development 515 (Winter, 2023) |
On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper's vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to yank [Bland] out of her car and light [her] up... |
2023 |
| Tianna N. Gibbs |
CENTERING FAMILY VIOLENCE IN FAMILY LAW AS RACIAL JUSTICE |
30 Virginia Journal of Social Policy and the Law 43 (Spring, 2023) |
Introduction. 44 I. Defining Family Violence to Advance Racial Justice. 47 A. The Meaning of Family. 47 B. The Meaning of Violence. 49 II. Consequences of Excluding Structure and Difference. 52 III. Centering Family Violence in Family Law to Advance Racial Justice. 55 Conclusion. 55 |
2023 |
| Jonathan Jackson , Tasseli McKay , Leonidas Cheliotis , Ben Bradford , Adam Fine , Rick Trinkner |
CENTERING RACE IN PROCEDURAL JUSTICE THEORY: STRUCTURAL RACISM AND THE UNDER- AND OVERPOLICING OF BLACK COMMUNITIES |
47 Law and Human Behavior 68 (February, 2023) |
Objective: We assessed the factors that legitimized the police in the United States at an important moment of history, just after the police killing of George Floyd in 2020. We also evaluated one way of incorporating perceptions of systemic racism into procedural justice theory. Hypotheses: We tested two primary hypotheses. The first hypothesis was... |
2023 |
| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
| Olivia Roche |
CHARISMA, UNIQUENESS, NERVE, AND COPYRIGHT?: CHARACTER COPYRIGHT ON RUPAUL'S DRAG RACE |
111 Georgetown Law Journal 637 (March, 2023) |
RuPaul's Drag Race (RPDR) has catapulted the art of drag into the mainstream and changed the lives of numerous drag performers in the process. Queens often sign on to participate in the show with little more than a well-defined, unique drag character and a dream. They fail to realize what rights to their own original drag personas are relinquished... |
2023 |
| Ira P. Robbins |
CITIZEN'S ARREST AND RACE |
20 Ohio State Journal of Criminal Law 133 (Fall, 2023) |
I begin with a mea culpa. In 2016, I published an article about citizen's arrest. The idea for the article arose in 2014, when a disgruntled Virginia citizen attempted to arrest a law school professor while class was in progress. I set out to research and write a traditional law review article. In it, I traced the origins of the doctrine of... |
2023 |
| Kristen Brown |
CLAIMING A PIECE OF THE PIE: RACE, COPYRIGHT LAW, AND DIGITAL PLATFORMS |
17 Southern Journal of Policy and Justice 1 (Spring, 2023) |
The twenty-first century provides a massive landscape for the capitalization of creativity. Indeed, incentivizing ingenuity underpins the creation of the Copyright Act of 1909. Popular online platforms such as YouTube, Instagram, and Tik Tok may provide a means for artists to capitalize from their work. Yet, remnants of the historic disparate... |
2023 |
| Brandon Mickelsen |
COMBATING THE RACIAL WEALTH GAP: A GOVERNMENT AND CORPORATE-CENTRIC APPROACH |
19 University of Saint Thomas Law Journal 180 (Spring, 2023) |
This paper calls attention to the ever-present racial wealth gap in America and illuminates how capitalism, despite its ardent proponents, continues to exacerbate that gap. On its face, the supposed free market that drives America's capitalistic society is race-neutral. An ever-changing shift of supply and demand drives the market. Although... |
2023 |
| Jason R. Bent |
COMPENSABILITY, OPPORTUNISM, AND THE RACE TO THE BOTTOM: A VIEW FROM (NEAR) THE BOTTOM |
37 ABA Journal of Labor & Employment Law 221 (2023) |
This article is a contribution to a symposium marking the fiftieth anniversary of the National Commission on State Workmen's Compensation Laws (National Commission). My perspective on the successes and shortcomings of the National Commission is informed by my vantage point--the State of Florida, a formidable contender in the legislative race to... |
2023 |
| Lindsey Gellar |
CONGRESS IS REINSTATING THE COLOR LINE: HOW THE SAVE AMERICA'S PASTIME ACT AND THE JUDICIAL ANTITRUST EXEMPTION CONTRIBUTE TO RACIAL INEQUITY IN PROFESSIONAL BASEBALL |
15 Drexel Law Review 399 (2023) |
Racial inequity is a common theme in the United States, and America's pastime is no exception. Black representation in professional baseball has been on the decline for decades since its peak of nearly 20%. The law compounds on inequitable economic and political systems to make it more difficult for Black American-born baseball players to survive... |
2023 |
| Thomas Halper |
Constructing Race |
12 British Journal of American Legal Studies 117 (Spring, 2023) |
The legal construction of race has assumed considerable importance for affirmative action and other purposes. But buffeted by racist tropes from an earlier day and simple self interest, the construct has become a nest of irrationalities and inconsistencies. race, white supremacy, affirmative action C1-3CONTENTS I. Race as Social Construct. 118 II.... |
2023 |
| Jacqueline Pittman |
CONSTRUCTING RACE AND GENDER IN MODERN RAPE LAW: THE ABANDONED CATEGORY OF BLACK FEMALE VICTIMS |
30 Michigan Journal of Gender & Law 151 (2023) |
Despite the successes of the 1960s Anti-Rape Movement, modern state rape statutes continue to prioritize white male perspectives and perceptions of race, ultimately ignoring the intersectional identity of Black women and leaving these victims without legal protection. This Note examines rape law's history of allocating agency along gendered and... |
2023 |
| Pamela A. Izvănariu |
CONTESTING RACIAL WAGES |
30 Georgetown Journal on Poverty Law and Policy 437 (Spring, 2023) |
This Article uses archival research to recover the important work of John P. Davis, the Negro Industrial League (NIL), and the Joint Committee on National Recovery (JCNR) as they fought for a racially just New Deal and substantive equality in the Jim Crow era. Specifically, it analyzes the battle between southern industrialists mobilized against... |
2023 |
| Laura Smalarz, Rose E. Eerdmans, Megan L. Lawrence, Kylie Kulak, Jessica M. Salerno, School of Social and Behavioral Sciences, Arizona State University |
COUNTERINTUITIVE RACE EFFECTS IN LEGAL AND NONLEGAL CONTEXTS |
47 Law and Human Behavior 119 (February, 2023) |
Objective: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to... |
2023 |
| Jeffrey C. Sun, J.D., Ph.D. |
COUNTERPOINT: OSTENSIBLY REMOVING COLLEGE RACE-CONSCIOUS ADMISSIONS POLICIES: OPPOSING THE MAJORITY OPINION AND ITS DEFEASIBLE REASONING |
413 West's Education Law Reporter 19 (8/31/2023) |
On June 29, 2023, the Supreme Court struck down two college race-conscious admissions policies in companion cases that incorporated holistic, individualized reviews, including race as one of many factors considered. Drawing on an Equal Protection analysis, the Court, in a 6-3 decision, ruled that the admissions policies at Harvard and the... |
2023 |
| Eduardo R. Ferrer, Kristin N. Henning |
CRITICAL CLINICAL FRAMES: CENTERING ADOLESCENCE, RACE, TRAUMA, AND GENDER IN PRACTICE-BASED PEDAGOGY |
30 Clinical Law Review 113 (Fall, 2023) |
Notwithstanding the claims to neutrality of the law and the systems and stakeholders who enforce it, social science research and the lived experience of our primarily Black youth clients reinforce how assumptions and biases -- conscious and unconscious -- undermine such claims. These assumptions and biases too often become the frames through which... |
2023 |
| Cynthia Elaine Tompkins |
CRITICAL RACE THEORY (CRT) IN THE LEGAL ACADEMY: DERRICK BELL'S SEMINAL LAW REVIEW ARTICLES AND CRITICAL RACE THEORISTS SCHOLARSHIP; CRT OPPONENTS CONFLICTING VIEWS AND POTENTIAL CONSEQUENCES OF CRITICS' CANCELLATION STRATEGY |
74 Mercer Law Review 1079 (Spring, 2023) |
A couple of decades and some years ago, when I was a civil rights attorney in Washington D.C., I stopped by a bookstore café for a quiet lunch and to review a case file before an afternoon meeting. A book jacket of a man looking forward with intention and purpose captured my attention. The words on the cover corroborated his gaze: Confronting... |
2023 |
| Angelica Knight |
CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY |
17 Florida A & M University Law Review 141 (Spring, 2023) |
C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... |
2023 |
| Kevin Brown |
CRITICAL RACE THEORY EXPLAINED BY ONE OF THE ORIGINAL PARTICIPANTS |
98 New York University Law Review Online 91 (April, 2023) |
President Donald Trump issued an executive order in September of 2020 seeking to exclude diversity and inclusion training from federal contracts if those trainings contained so-called divisive concepts like stereotyping and scapegoating based on race and sex. In the wake of the executive order, attacks on Critical Race Theory (CRT) skyrocketed.... |
2023 |
| Bryan K. Fair |
CRYING WOLF: NEO-PATRIOTS, CRITICAL RACE THEORY, AND THE CONSTITUTIONAL PROTECTION OF "DANGEROUS" IDEAS |
27 U.C. Davis Social Justice Law Review 1 (Winter, 2023) |
C1-2Table of Contents Abstract. 2 Introduction: Patriots, Neo-Patriots, and the Banning of Ideas. 3 I. First Principles of Free Speech. 7 A. Protecting the Advocacy of Ideas. 8 B. A Roadmap for Challenging Bans on CRT and Other Materials. 11 1. The Void for Vagueness Doctrine. 11 2. The Substantial Overbreadth Doctrine. 11 3. Categories of... |
2023 |
| Steven D. Schwinn , University of Illinois Chicago School of Law, Chicago, IL |
Did South Carolina Engage in Impermissible Racial Gerrymandering and Impermissible Dilution of Black Residents' Votes in Drawing Its Congressional District 1 (CD1) After the 2020 Census? |
51 Preview of United States Supreme Court Cases 28 (10/2/2023) |
The 2020 census revealed that South Carolina's 1st Congressional District (CD1) was underpopulated while the neighboring 6th Congressional District (CD6) was overpopulated by roughly the same number of residents. Instead of simply shifting that number to equalize the districts, the South Carolina legislature moved 53,000 residents from CD6 to CD1,... |
2023 |
| Julie A. Ward, Mudia Uzzi, Talib Hudson, Daniel W. Webster, Cassandra K. Crifasi |
DIFFERENCES IN PERCEPTIONS OF GUN-RELATED SAFETY BY RACE AND GUN OWNERSHIP IN THE UNITED STATES |
51 Journal of Law, Medicine & Ethics 14 (Spring, 2023) |
Keywords: Public Opinion, Firearms, Personal Safety, Gun-Related Beliefs, Health Status Disparities, Health Equity Abstract: Motivated by disparities in gun violence, sharp increases in gun ownership, and a changing gun policy landscape, we conducted a nationally representative survey of U.S. adults (n=2,778) in 2021 to compare safety-related views... |
2023 |
| Darren Byler |
DIGITAL TURBAN-HEAD: RACIAL LEARNING AND POLICING MUSLIMS IN NORTHWEST CHINA |
46 PoLAR: Political and Legal Anthropology Review 121 (May, 2023) |
What do you think of our turban-heads' (women de chantou)? the taxi driver wondered, nodding out the window at a Uyghur pedestrian. I stared at him blankly. Not waiting for my response, he continued, wanting to get my thoughts on how the United States's war in Iraq was going. He had heard that it was going to affect the oil prices. It was 2010,... |
2023 |
| Kristen Blankley , Ashley M. Votruba |
DISCUSSING RACE IN RURAL AND OTHER NON-DIVERSE COMMUNITIES |
38 Ohio State Journal on Dispute Resolution 371 (2023) |
I. Introduction II. Why Worry About Rural and Non-Diverse Communities At All? III. Common Hurdles That May Be Particularly Evident in Rural and Non-Diverse Communities A. Little (or No) Exposure to Members of Diverse Populations B. The There's Nothing to Fix Problem C. The My Life Has Been Hard! Problem D. The Everyone Has the Same Chance... |
2023 |
| Dany Berbari |
DRUG DECRIMINALIZATION AND GUN CRIMINALIZATION: ASSESSING THE COMPATIBILITY OF THESE ASYMMETRICAL BELIEFS FROM A RACIAL JUSTICE LENS |
38 Journal of Law & Politics 135 (Spring, 2023) |
Thomas Frampton, my first-year Criminal Law Professor, began a class on drugs and guns by stating, I want you all to vote on these two questions: (1) Do you support stricter drug laws? (2) Do you support stricter gun laws? Unsurprisingly, very few individuals in the class supported stricter drug laws, while an overwhelming majority backed... |
2023 |
| Ashlee R. Barnes-Lee , Marva V. Goodson , Nordia A. Scott |
DYNAMIC RISK AND DIFFERENTIAL IMPACTS OF PROBATION: EXAMINING AGE, RACE, AND GENDER AS RESPONSIVITY FACTORS |
47 Law and Human Behavior 526 (August, 2023) |
Objective: Juvenile courts that apply the risk--need--responsivity (RNR) model should periodically reassess youths and observe reductions in risk. There is a gap in knowledge concerning the reliable implementation of the specific responsivity principle of the RNR model, which emphasizes considering youths' unique characteristics to support... |
2023 |
| Daina Strub Kabitz |
ENGAGING IN EQUITY-CENTERED POLICYMAKING: STATE-LEVEL RACIAL EQUITY IMPACT ASSESSMENT TRENDS, LESSONS LEARNED, AND FUTURE DIRECTIONS |
49 Mitchell Hamline Law Review 645 (June, 2023) |
I. Introduction. 646 II. Background. 647 III. Racial Equity Impact Assessments: Detailed Examples. 651 A. Criminal Justice Focused REIAs: Iowa's Correctional Impact Statement. 651 B. Generally Applicable REIAs: Colorado's Demographic Note. 654 C. Emerging REIA Trends at the Local Level: New York City's Racial Equity Report. 656 IV. Racial Equity... |
2023 |
| Mari Reott |
ESCAPING THE NUCLEAR ICE AGE: THE NUCLEAR REGULATORY COMMISSION'S RACE TO REGULATE SMALL MODULAR REACTORS |
128 Penn State Law Review 225 (Fall, 2023) |
Humanity is facing an environmental emergency. Climate change is forcing the world to mitigate the harm caused by fossil fuels and acclimate through innovation, either by creating new technology or updating existing technology. The technology required to address climate change includes energy sources that do not emit greenhouse gas emissions into... |
2023 |
| Cara McClellan |
EVADING A RACE-CONSCIOUS CONSTITUTION |
25 University of Pennsylvania Journal of Constitutional Law Online 1 (January, 2023) |
There is a world of difference between the situation this Court confronted in Brown, the separate but equal doctrine that was designed to exclude African Americans based on notions of racial inferiority and subjugate them, which, as this Court recognized, the school children affected their hearts and minds in a way unlikely ever to be undone . and... |
2023 |
| Ian M. Kysel , G. Alex Sinha |
EXECUTING RACIAL JUSTICE |
71 UCLA Law Review Discourse 2 (2023) |
The United States has failed to eliminate racial discrimination in the decades since ratifying the international human rights treaty that prohibits it. To its credit, the Biden administration (Administration) has attempted to center the fight for racial equity in the work of the executive branch. But President Biden's executive orders and agency... |
2023 |
| Amy C. Watson , Taleed El-Sabawi |
EXPANSION OF THE POLICE ROLE IN RESPONDING TO MENTAL HEALTH CRISES OVER THE PAST FIFTY YEARS: DRIVING FACTORS, RACE INEQUITIES AND THE NEED TO REBALANCE ROLES |
86 Law and Contemporary Problems 1 (2023) |
Tragic police shootings of people experiencing mental health crises, along with recognition of the overrepresentation of people with serious mental illnesses in the criminal legal system, have garnered several decades of research and policy attention. Substantial resources have been focused on improving law enforcement's ability to safely provide... |
2023 |