Author | Title | Citation | Summary | Year |
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 |
The Editors |
FOREWORD: ADDRESSING RACISM, DISCRIMINATION, AND INEQUALITY IN THE LEGAL SYSTEM |
74 Maine Law Review 185 (2022) |
Last spring, the Editors decided that the Spring 2022 volume of the Maine Law Review should focus on law reform. More specifically, we decided to solicit and publish pieces that expose some of the ways our legal system perpetuates systemic racism, discrimination, and inequality. The Essays, Articles, and Notes in this issue cover an array of topics... |
2022 |
Jay Hedges |
FOREWORD: RACIAL CAPITALISM AS LEGAL ANALYSIS |
35 Journal of Civil Rights & Economic Development 173 (Spring, 2022) |
In 2010, the Journal of Legal Commentary was renamed the Journal of Civil Rights & Economic Development (JCRED) to reflect its status as the official journal of the Ron Brown Center for Civil Rights here at St. John's University School of Law. From then on, the Journal has been dedicated to exploring issues of social, racial, and economic justice... |
2022 |
Marnie Lowe |
FRUIT OF THE RACIST TREE: A SUPER-EXCLUSIONARY RULE FOR RACIST POLICING UNDER CALIFORNIA'S RACIAL JUSTICE ACT |
131 Yale Law Journal 1035 (January, 2022) |
This Comment explores a novel legal remedy for demonstrated racial bias or animus in police investigations presented in the recently enacted California Racial Justice Act (RJA) of 2020. The Comment contends that the California RJA, in attempting to address racism throughout the state's criminal justice system, establishes a super-exclusionary... |
2022 |
Chief Justice Paula M. Carey (Ret.) |
GOING BEYOND EQUALITY AND STRIVING TOWARD EQUITY: ADDRESSING SYSTEMATIC RACISM AND BIAS IN THE COURTS |
66 Boston Bar Journal 26 (2022) |
State court systems must provide services and deliver justice in a manner that inspires public trust and confidence. All individuals must be treated fairly and impartially in every interaction with the court system. To achieve public trust and confidence, the existence of systemic racism in the courts must be acknowledged. Specifically, courts must... |
2022 |
Gabrielle M. Kolencik |
HARMONY BETWEEN MAN AND HIS ENVIRONMENT: REVIEWING THE TRUMP ADMINISTRATION'S CHANGES TO THE NATIONAL ENVIRONMENTAL POLICY ACT IN THE CONTEXT OF ENVIRONMENTAL RACISM |
50 Journal of Law, Medicine & Ethics 76 (Spring, 2022) |
Keywords: Environmental Racism, National Environmental Policy Act, Environmental Justice, Trump, Biden Abstract: This article aims to show how the changes to NEPA by the Trump Administration are an act of environmental racism, defined as [i] ntentional or unintentional racial discrimination in environmental policy-making, enforcement of... |
2022 |
Marie Carp |
HEALTH IN ALL POLICIES: AN APPROACH TO COMBATTING RACISM'S IMPACT ON PUBLIC HEALTH |
67 Wayne Law Review 457 (Winter, 2022) |
I. Introduction. 457 II. Background. 460 A. Racism as a Public Health Crisis. 460 B. Governor Whitmer's Executive Directive. 462 1. Data Collection and Analysis. 463 2. Policy and Planning. 463 3. Engagement, Communication, and Advocacy. 464 4. Implicit Bias Training. 464 C. Proposed Policies and Legislation in Michigan. 465 D. Other State and... |
2022 |
Michele Goodwin, Holly Fernandez Lynch |
HEALTH LAW AND ANTI-RACISM: RECKONING AND RESPONSE |
50 Journal of Law, Medicine & Ethics 10 (Spring, 2022) |
Keywords: Health Law, Anti-Racism, Health Equity, Racial Justice, Systemic Racism Abstract: Law and racism are intertwined, with legal tools bearing the potential to serve as instruments of oppression or equity. This Special Issue explores this dual nature of health law, with attention to policing in the context of mental health, schools, and... |
2022 |
Martha F. Davis |
HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM |
52 Seton Hall Law Review 1461 (2022) |
I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... |
2022 |
David Simson |
HOPE DIES LAST: THE PROGRESSIVE POTENTIAL AND REGRESSIVE REALITY OF THE ANTIBALKANIZATION APPROACH TO RACIAL EQUALITY |
30 William & Mary Bill of Rights Journal 613 (March, 2022) |
This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both long-standing and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other? Events over the... |
2022 |
Brendan Williams |
HOSTILE SHORES: RACIAL EXCLUSION LAWS AND THE WEST COAST |
28 Cardozo Journal of Equal Rights & Social Justice 559 (Spring, 2022) |
I. California and Chinese Exclusion. 562 II. Oregon and Black Exclusionary Laws. 568 III. Washington and Anti-Japanese Laws. 570 IV. The West Coast Origins of Japanese Internment. 572 V. Race and the West Coast Today. 574 |
2022 |
Frederick Willie Kearse |
HOW GRAPPLING WITH RACISM AND CAPITALISM LED ME TO ORGANIZING, ADVOCACY, AND LEGAL WORK INSIDE |
46 Harbinger 83 (2022) |
In this article, Kearse describes how developing his understanding of American history helped him to view his own situation in a new light, and motivated him to begin doing legal advocacy from inside. My involvement with the criminal punishment system has a lot to do with racism, capitalism, and ignorance. However, after getting involved with... |
2022 |
Gordon K. Walton |
HOW INSURANCE COMPANIES CAN REVAMP THEIR APPROVED PANEL COUNSEL LISTS TO ERADICATE RACIAL INJUSTICE |
17 In-House Defense Quarterly 28 (Winter, 2022) |
As a result of the murder of George Floyd and numerous other recent incidents, our country has been forced to address the pervasiveness of racism. Such racially charged events have opened up a significant national conversation that the insurance industry, among others, should take an active part in. Insurance companies now have a timely opportunity... |
2022 |
Deborah N. Archer |
HOW RACISM PERSISTS IN ITS POWER |
120 Michigan Law Review 957 (April, 2022) |
The Fire Next Time. By James Baldwin. New York: Dial Press. 1963 (Vintage International 1993 ed.). Pp. 110. $13.95. In 2020, the murder of George Floyd at the hands of police officers in Minneapolis, Minnesota, and the ravaging of Black communities occasioned by the COVID-19 pandemic and an inequitable public health infrastructure put the violence... |
2022 |
Francine J. Lipman |
HOW TO DESIGN AN ANTIRACIST STATE AND LOCAL TAX SYSTEM |
52 Seton Hall Law Review 1531 (2022) |
I. Introduction. 1532 II. Antiracist Framework. 1534 A. Antiracist Definitions. 1534 B. Antiracism Building Blocks. 1537 III. Applying An Antiracist Framework to State & Local Tax Systems. 1538 A. Legislative Foundations of State & Local Tax Systems. 1538 1. Brief Historical Overview. 1538 2. Status Quo State & Local Tax Legislative Policies. 1541... |
2022 |
Glen M. Vogel , Robert Costello |
IMPLICIT BIAS IS NOT A FAIRYTALE: FROM THE CLASSROOM TO THE COURTROOM: THE CONNECTION BETWEEN RACIAL BIAS IN EARLY EDUCATION AND ITS IMPACT ON STEREOTYPES AND INTERACTIONS WITH THE CRIMINAL JUSTICE SYSTEM |
20 Seattle Journal for Social Justice 695 (Spring, 2022) |
Even though great strides have been achieved in the area of racial equality over the last half century, the reality is that people of color, particularly Black Americans, continue to face discrimination across all facets of life and, in particular, face adverse treatment and outcomes in education and in the criminal justice system. A person of... |
2022 |
Chris Gottlieb |
IMPROVING RES IPSA LOQUITUR DOCTRINE IN CHILD ABUSE CASES: A STEP TOWARD RACIAL JUSTICE |
25 Journal of Gender, Race and Justice 411 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 412 II. Prosecution of Civil Child Abuse: Demographics and Res Ipsa Loquitur Doctrine. 415 III. Spreading the Blame. 418 IV. Unprincipled Use of Res Ipsa Loquitur Doctrine in Child Abuse Cases: New York Example. 420 V. Principled Use of Res Ipsa Loquitur in the Realm of Child Abuse. 429 VI. Holding Partners... |
2022 |
Phyllis C. Taite |
INEQUALITY BY UNNATURAL SELECTION: THE IMPACT OF TAX CODE BIAS ON THE RACIAL WEALTH GAP |
110 Kentucky Law Journal 639 (2021-2022) |
Table of Contents. 639 Introduction. 640 I. Social Darwinism. 641 II. Real Estate Investment Trusts and Mass Incarceration. 643 A. What Is a Real Estate Investment Trust?. 643 B. What Is the Relationship Between Mass Incarceration and Tax Policy?. 646 i. The Rise of Private Prisons and Detention Centers. 646 ii. Show Me the Money!. 648 C. The... |
2022 |
Chaumtoli Huq |
INTEGRATING A RACIAL CAPITALISM FRAMEWORK INTO FIRST-YEAR CONTRACTS: A PATHWAY TO ANTI-CAPITALIST LAWYERING |
35 Journal of Civil Rights & Economic Development 181 (Spring, 2022) |
I came to theory because I was hurting--the pain within me was so intense that I could not go on living. I came to theory desperate, wanting to comprehend--to grasp what was happening around and within me. Most importantly, I wanted to make the hurt go away. I saw in theory then a location for healing. [T]he practice of theory is informed by... |
2022 |
Palma Joy Strand, Nicholas A. Mirkay |
INTEREST CONVERGENCE AND THE RACIAL WEALTH GAP: DEFUSING RACISM'S DIVIDE-AND-CONQUER VIA UNIVERSAL BASIC INCOME |
110 Kentucky Law Journal 693 (2021-2022) |
Table of Contents. 693 Introduction. 694 I. Today's Economic Status Quo: Endorsement of Exploitation and Enrichment. 696 A. Rising Economic Inequality and the Tax System. 696 B. Systemic Shifts in Economic Policy and Rising Economic Inequality. 697 C. Racialized Law and Policies and Rising Economic Inequality. 700 II. Closing the Racial Wealth Gap:... |
2022 |
Chantal Thomas |
INTERNATIONAL ECONOMIC LAW AND RACIALIZED "OTHERS" |
116 AJIL Unbound 113 (2022) |
This essay seeks to show how racialized histories of global political economy have shaped core issues in international economic law. The essay begins by noting challenges to framing the topic of racialized others, and then turns to the case study of cotton, showing how U.S. domestic production subsidies--long a focal point of international trade... |
2022 |
Liam McSweeney |
JUST HOUSING, ROOTED IN WEST OAKLAND: HOW MOMS4HOUSING CHALLENGED REAL ESTATE SPECULATION AND THE RACIAL HIERARCHY IN OUR PROPERTY LAWS |
22 Berkeley Journal of African-American Law & Policy 54 (2022) |
Land-based real estate speculation drives a national housing crisis that operates on a racially hierarchical conception of private property law and doctrine. Our modern property law system developed from the colonial economy that was built on conquest and white supremacist notions of property rights. This white-supremacist spatial violence... |
2022 |
Isabelle R. Gunning |
JUSTICE FOR ALL IN MEDIATION: WHAT THE PANDEMIC, RACIAL JUSTICE MOVEMENT, AND THE RECOGNITION OF STRUCTURAL RACISM CALL US TO DO AS MEDIATORS |
68 Washington University Journal of Law & Policy 35 (2022) |
This issue of the Washington University Journal of Law and Policy, titled New Directions in Dispute Resolution and Clinical Education in Response to the COVID-19 Pandemic, raises an important question: What has the pandemic crisis taught us about where dispute resolution practice and theory should be going? The pandemic crisis is generally... |
2022 |
Hon. Lisa White Hardwick |
JUSTICE FOR ALL: AN OVERVIEW OF THE SUPREME COURT OF MISSOURI'S COMMISSION ON RACIAL AND ETHNIC FAIRNESS |
67 Washington University Journal of Law & Policy 111 (2022) |
Systematic racial and ethnic inequality can only be reversed by systematic action. After the killing of Michael Brown by the Ferguson police in August 2014, Missouri's need for judicial and legal reform could no longer be ignored. The following year, the Supreme Court of Missouri Commission on Racial and Ethnic Fairness (Commission) was... |
2022 |