| Author | Title | Citation | Summary | Year |
| 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 |
| Daniel Choma |
FACILITATING RACE-CONSCIOUS TARGETED PURCHASING PROGRAMS IN THE SHADOW OF THE TRUMP JUDICIARY |
49 Mitchell Hamline Law Review 713 (June, 2023) |
I. Introduction. 714 II. History of Municipal Affirmative Action from Fullilove to Croson. 716 A. SBA of 1953 to PWEA of 1977. 716 B. Fullilove: A Facial Challenge. 717 C. Wygant: A Plurality Opinion. 719 D. Croson: Establishment of a Standard. 721 E. The Standard Today. 723 III. Vitolo Shows Federal Judges Willing to Question Affirmative Action.... |
2023 |
| John Powell , Ned Conner |
FORM AND SUBSTANCE: UNDERSTANDING CONCEPTUAL AND DESIGN DIFFERENCES AMONG RACIAL EQUITY PROPOSALS AND A BOLD APPLICATION |
38 Ohio State Journal on Dispute Resolution 13 (2023) |
I. Introduction II. Defining Racial Equity A. Conceptual Underpinnings B. Problems with Equity C. A Different Vision of Racial Justice III. Racial Equity Cleavages A. Race-Targeted v. Universalistic Form 1. Race-Targeted Policies 2. Universalistic, but Race-Conscious B. Racial Equity Reforms v. New Initiatives 1. Reforms 2. New Programs &... |
2023 |
| Eleanor Klemsz |
FROM AMERICAN NIGHTMARE TO AMERICAN DREAM? A COMPREHENSIVE SOLUTION TO RACIALLY DISCRIMINATORY APPRAISAL PRACTICES |
57 Indiana Law Review 479 (2023) |
In March 2020, Carlette Duffy, an African American woman and a resident of Indianapolis, Indiana, began the process of refinancing the mortgage on her home. Between March and July 2020, Ms. Duffy had her home appraised twice, by two different lenders and two different appraisers. The first appraisal valued her home at $125,000, while the second... |
2023 |
| Renee Nicole Allen |
GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR |
29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) |
The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... |
2023 |
| Alexis Boyd |
HAIR ME OUT: WHY DISCRIMINATION AGAINST BLACK HAIR IS RACE DISCRIMINATION UNDER TITLE VII |
31 American University Journal of Gender, Social Policy and the Law 75 (2023) |
I. Introduction. 77 II. Background. 80 A. Discrimination Against Black Hair in Context. 80 B. Is Hair Discrimination Race Discrimination?. 82 1. Federal Protection: Under Title VII, Employers Cannot Discriminate Against a Person Because of Their Race. 82 2. Federal Court Precedent: Traditionally, Race-Based Hair Discrimination is Not Recognized as... |
2023 |
| Keerthana Nunna, W. Nicholson Price II, Jonathan Tietz |
HIERARCHY, RACE, AND GENDER IN LEGAL SCHOLARLY NETWORKS |
75 Stanford Law Review 71 (January, 2023) |
Abstract. A potent myth of legal academic scholarship is that it is mostly meritocratic and mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgments paint a rich picture... |
2023 |
| Kalen Youtsey |
HOLD YOUR HORSES: THE HORSERACING INTEGRITY AND SAFETY ACT OF 2020 IS IN ITS OWN RACE TO BEAT CONSTITUTIONAL INVALIDITY |
47 Oklahoma City University Law Review 383 (Spring, 2023) |
Horseracing is many people's favorite pastime. The sport has been present in the United States since early colonial times. Though its popularity has ebbed and flowed, horseracing currently enjoys broad viewership. However, there are many prevalent issues, and horseracing has faced increasing backlash as a result. This Note will focus on, in... |
2023 |
| Jonathan G. Blattmachr |
HOW WEALTH TRANSFER TAXES MIGHT REDUCE RACIAL WEALTH DISPARITY IN AMERICA |
20 Pittsburgh Tax Review 297 (Spring, 2023) |
This Article will discuss what seems to be the impact of estate, gift and generation-skipping taxes (collectively and commonly referred to as wealth transfer taxes) imposed by the United States (Federal) on the disparity of wealth in America. It describes, in general terms, how those taxes work. It also describes, again in general terms, the... |
2023 |
| Michael Conklin |
HOWARD LAW SCHOOL, RACE, AND PEER RANKINGS: THE INCREASING CORRELATION BETWEEN RACIAL SALIENCE AND PREFERENTIAL RANKINGS |
59 Willamette Law Review 189 (Spring, 2023) |
In 2020, novel research was conducted to measure disparities between the U.S. News & World Report overall rankings and the peer rankings of law schools. The research uncovered a stark outlier in Howard University School of Law, whose peer rank was consistently twenty to forty spots higher than its overall rank. This Article updates the research,... |
2023 |
| Stephen P. Garvey |
IMPLICIT RACIAL ATTITUDES AND SELF-DEFENSE |
37 Notre Dame Journal of Law, Ethics & Public Policy 201 (2023) |
Defendant (call him John) shoots victim, intending to cause victim's death. Victim dies. John is charged with murder and pleads self-defense. If the elements of the defense are established, John should be acquitted. One of those elements refers to John's beliefs, according to which John must have believed it was necessary to use deadly force to... |
2023 |
| Stevie J. Swanson |
INDIGNITY PERPETUATED: RACE-BASED HOUSING POST-RECONSTRUCTION TO THE FAIR HOUSING ACT'S IMPACT ON THE DIGITAL AGE: WHERE DO WE GO FROM HERE? |
22 Connecticut Public Interest Law Journal 126 (Spring-Summer, 2023) |
C1-2Article Contents I. Introduction. 127 II. History of Race-Based Land Ownership. 130 A. Jim Crow Laws. 130 B. Shelley v. Kraemer and its Implications. 134 III. The Fair Housing Act. 139 A. Application of 3604(c):. 139 1. Who does it apply to?. 139 2. Use of 3604(c) and Publication of Racially Restrictive Covenants. 140 B. Creative Applications... |
2023 |
| Alicia R. Jackson |
INHERENTLY UNEQUAL: THE EFFECT OF STRUCTURAL RACISM AND BIAS ON K-12 SCHOOL DISCIPLINE |
88 Brooklyn Law Review 459 (Winter, 2023) |
The true character of society is revealed in how it treats its children.-- Nelson Mandela Overly harsh and discriminatory school discipline policies and biased decision-making practices have led to the disproportionate punishment of Black children, causing them to be excluded from classroom learning and creating a separate and unequal education... |
2023 |
| Robert Knox |
INTERNATIONAL LAW, RACE, AND CAPITALISM: A MARXIST PERSPECTIVE |
117 AJIL Unbound 55 (2023) |
The Marxist tradition is a crucial voice in the global anti-racist movement. Marxists were at the forefront of the anti-colonial and anti-imperialist movements, with those movements taking up Marxist concepts and deploying them to understand capitalism, race, and colonialism. Yet, these Marxist voices did not reflect systematically on international... |
2023 |
| E. Tendayi Achiume , James Thuo Gathii |
INTRODUCTION TO THE SYMPOSIUM ON RACE, RACISM, AND INTERNATIONAL LAW |
117 AJIL Unbound 26 (2023) |
In 2020, the United Nations Human Rights Council held its first ever special session on systemic racism, at the request of the Africa Group, and in the wake of a historic transnational racial justice uprising. The session marked a significant shift in global attention to systemic racial subordination as a global phenomenon, with a particular... |
2023 |
| Kenneth Ferguson |
INTRODUCTION: THE ARC OF RACE IN PROFESSIONAL AND COLLEGIATE SPORTS SYMPOSIUM |
91 UMKC Law Review 701 (Summer, 2023) |
This introduction will highlight the five Articles featured in the symposium issue of the UMKC Law Review and will also situate those articles in the Sports Law Symposium titled, The Arc of Race in Professional and Collegiate Sports. The goal of the two-day virtual symposium was to bring together leading legal, social science, and medical science... |
2023 |
| Charles J. Russo, J.D., Ed.D. |
INTRODUCTION: THE SUPREME COURT INVALIDATES THE USE OF RACE IN ADMISSIONS: WHAT'S NEXT? |
413 West's Education Law Reporter 1 (8/31/2023) |
Few topics have engendered greater controversy in education than the use of race in admissions to institutions of higher learning. At issue in the companion cases of Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina (Harvard College), involving private and... |
2023 |
| Gabe Chess, Elena Meth |
INTRODUCTION: THREE RESPONSES TO REWRITTEN OPINIONS IN CRITICAL RACE JUDGMENTS |
121 Michigan Law Review 1089 (April, 2023) |
Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law invites us to imagine.... |
2023 |
| Marina Zaloznaya , Alexandria Yakes , James Wo |
IS WHITE-COLLAR CRIME WHITE? RACIALIZATION IN THE NATIONAL PRESS COVERAGE OF WHITE-COLLAR CRIME FROM 1950 TO 2010 |
48 Law and Social Inquiry 1117 (November, 2023) |
While much is written about racialization of street criminals in the American media, racial dimensions of the media framing of white-collar crime remain underexplored. To address this issue, we analyze the coverage of bribery, electoral fraud, tax evasion, and insider trading in five national newspapers between 1950 and 2010. Drawing on John... |
2023 |
| Sheila Simon |
JOHNSON v. M'INTOSH: 200 YEARS OF RACISM THAT RUNS WITH THE LAND |
47 Southern Illinois University Law Journal 311 (Winter, 2023) |
The United States Supreme Court case of Johnson v. M'Intosh is a foundation of property law in the United States. It established the United States government as the only possible buyer of land from people native to the continent. As the only possible buyer, the United States government had the power to negotiate a low purchase price. The bargain... |
2023 |
| Dontay Proctor-Mills |
JUDICIAL ETHICS AND THE ERADICATION OF RACISM |
46 Seattle University Law Review 813 (Spring, 2023) |
C1-2Contents Introduction. 814 I. Summary. 815 A. Washington State Code of Judicial Conduct. 815 B. Other Commission Decisions Involving Canon 1. 815 C. Background and Facts of Judge Keenan's Case. 818 1. The Ethics Complaint. 819 II. Analysis. 820 A. The Commission's Decision and Application of Canon 1. 820 B. The Reasonable Perspective. 822 C.... |
2023 |
| Ashley Messenger , Kamesha Laurry |
KARENS AND KLANS: THE RECENT FLURRY OF LIBEL CASES INVOLVING ALLEGATIONS OF RACISM |
38-WTR Communications Lawyer 5 (Winter, 2023) |
In the last several years, there has been a large upswing in the number of libel claims filed based on statements that allege racism or white supremacy. Much like cases based on #MeToo claims, responding to allegations of gender-based or sexual misconduct, claims based on allegations of racism can be a strategy to silence criticism or to seek... |
2023 |
| Frances Baillon , Michelle Gibbons |
KENNEH v. HOMEWARD BOUND, INC: POTENTIAL IMPACTS OF THE MINNESOTA SUPREME COURT'S NOT-SO-SEVERE "SEVERE OR PERVASIVE" STANDARD TO RACE HARASSMENT CLAIMS UNDER THE MINNESOTA HUMAN RIGHTS ACT |
49 Mitchell Hamline Law Review 570 (June, 2023) |
I. Introduction. 571 II. A Brief History of Harassment Claims and the Severe or Pervasive Standard in Minnesota and Federal Courts. 573 III. Breaking the Federal Ties that Bind: Minnesota Supreme Court Adopts Its Own Severe or Pervasive Standard in Kenneh v. Homeward Bound, Inc., Reaffirming the MHRA's Goal to Rid the Workplace of Harassment. 579... |
2023 |
| Guadalupe T. Luna |
LATCRIT THEORY, CHICANAS/OS AND ANTI-CRITICAL RACE THEORY CRUSADES |
33 Berkeley La Raza Law Journal 1 (2023) |
Introduction. 1 I. Chicana/o Marginalization. 3 A. La Raza Newspaper Evidentiary Records. 4 1. Political, State and Federal Repression. 5 2. La Raza and Electoral Disenfranchisement. 8 a) La Raza Unida Party. 9 (1) The Politics of Accommodation. 10 (2) La Raza Unida Party Rises. 11 II. Anti-Critical Race Theory and LatCrit Theory. 14... |
2023 |
| Priyasha Saksena |
LIMPING MARRIAGES: RACE, CLASS, AND THE RISE OF DOMICILE-BASED DIVORCE JURISDICTION IN THE BRITISH EMPIRE |
63 American Journal of Legal History 36 (March, 2023) |
In this article, I trace the development of domicile as the basis of divorce jurisdiction in English private international law. The maintenance of English domicile became closely related to the retention of white identity, with white British subjects who became domiciled in non-white colonies such as India being relegated to racially ambiguous... |
2023 |
| Jason A. Gillmer |
LITIGATING SLAVERY'S REACH: A STORY OF RACE, RIGHTS, AND THE LAW DURING THE CALIFORNIA GOLD RUSH |
56 Loyola of Los Angeles Law Review 499 (Spring, 2023) |
In May 1852, Charles Perkins decided he wanted his slaves back. Born in Mississippi, Charles emigrated to California in 1849 during the height of the Gold Rush. When he came, like hundreds of others from Southern states, he also brought three enslaved men with him. Following California's admission to the Union as a free state, however, Charles... |
2023 |
| Lee Stapleton |
LITIGATION, SPORTS, AND RACE: THE CHANGING WORLD OF MICHAEL CHAVIES |
50 Litigation 10 (Fall, 2023) |
Then and Now will be an occasional column exploring how things were back in the day compared with today. Michael Chavies is one of the go-to lawyers of Miami when there is high-stakes litigation and a soft but strong touch is required. His clients are elite and include the rich, the famous, and the powerful. Chavies himself wields power,... |
2023 |
| David A. Harris |
LOOKING BACK, LOOKING FORWARD: TO REDUCE AND RESOLVE RACIAL PROFILING, CONSTRAIN POLICE DISCRETION |
50 Northern Kentucky Law Review 159 (2023) |
As we approach the three-decade mark since the first lawsuits and scholarly work challenging racial profiling on the nation's roads and highways, several conclusions emerge concerning those first efforts to confront the problem. First, that work served the essential purpose of bringing these practices to the notice of the American public and... |
2023 |
| ACBA Staff |
MARALEEN SHIELDS TAKES REIGNS AS EXECUTIVE DIRECTOR OF THE PENNSYLVANIA INTERBRANCH COMMISSION FOR GENDER, RACIAL AND ETHNIC FAIRNESS |
25 Lawyers Journal 6 (8/11/2023) |
In August 2023, Maraleen Shields will formally be installed as the Executive Director of the Pennsylvania Interbranch Commission for Gender, Racial and Ethnic Fairness, where she will direct the implementation of the recommendations contained in the Pennsylvania Supreme Court Committee's 2003 study on racial and gender bias in the justice system.... |
2023 |
| Anna Cousin |
MEALS FOR ALL, NOT JUST THE CAKE EATERS: A CALL FOR UNIVERSAL SCHOOL LUNCH IN MINNESOTA AS A STEP TOWARDS RACIAL EQUITY |
44 Mitchell Hamline Law Journal of Public Policy and Practice 84 (Spring, 2023) |
I.. Introduction 85 II.. What is Food Insecurity and Who Does it Impact? 87 III.. Impact of Food Insecurity on Youth Health and Well-Being 93 IV.. History and Implementation of The National School Lunch Program and Children's Nutrition Programs in the United States 98 V.. The Systems Meant to Address the Issue Perpetuate Youth Food Insecurity 105... |
2023 |
| Zandy Dudiak |
MIMI MCCORMICK RETIRES AS EXECUTIVE DIRECTOR OF THE PENNSYLVANIA INTERBRANCH COMMISSION FOR GENDER, RACIAL AND ETHNIC FAIRNESS |
25 Lawyers Journal 4 (8/11/2023) |
Lisette Mimi McCormick began a 24-year quest for fairness in the Commonwealth's courts when she was hired in 1999 to serve as Executive Director of the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System. The committee worked from 1999-2003 to conduct a study of racial and gender bias in the Pennsylvania court... |
2023 |
| Bethany O'Neill , Cresston Gackle , David Schultz |
MINNESOTA'S RACIALLY BIASED JURY POOLS AND HOW TO FIX THEM |
80-APR Bench and Bar of Minnesota 16 (April, 2023) |
Individuals accused of crimes are entitled to a trial before an impartial jury of their peers. This is a bedrock principle of American law, with origins that date to medieval England. The idea is embodied in the Sixth Amendment, which requires the pool from which a jury is drawn to reflect a representative cross-section of the community. Yet what... |
2023 |
| Brooklynn K. Hitchens , Jeaneé C. Miller , Yasser Arafat Payne , Ivan Y. Sun , Isabella Castillo |
MORE THAN RACE? INTRAGROUP DIFFERENCES BY GENDER AND AGE IN PERCEPTIONS OF POLICE AMONG STREET-IDENTIFIED BLACK MEN AND WOMEN |
47 Law and Human Behavior 634 (December, 2023) |
Objective: Whereas studies have documented racial differences in attitudes toward police between White and Black Americans, relatively little is known about the intragroup, gender-based variations among urban Black residents involved in criminal activity (i.e., street-identified men and women). Hypotheses: We hypothesized Black women would be more... |
2023 |
| Daniel S. Harawa |
NYSRPA v. BRUEN: WEAPONIZING RACE |
20 Ohio State Journal of Criminal Law 163 (Fall, 2023) |
I steeled myself as I prepared to read New York State Rifle & Pistol Association v. Bruen. Not because I was unsure of how the Supreme Court would rule--it seemed clear that the Court would hold that New York's concealed handgun permitting regime violated the Second Amendment. Rather, I worried because if past is prologue, the Court was going to... |
2023 |
| Aliza Hochman Bloom |
OBJECTIVE ENOUGH: RACE IS RELEVANT TO THE REASONABLE PERSON IN CRIMINAL PROCEDURE |
19 Stanford Journal of Civil Rights & Civil Liberties 1 (April, 2023) |
There is overwhelming evidence that an individual's race affects how police treat them during a police encounter, and that Black Americans have substantial cause to worry about the consequences of ignoring or walking away from law enforcement. Accordingly, when courts determine whether a reasonable person feels free to decline, leave, or end an... |
2023 |
| David T. Lopez |
ON CRITICAL RACE THEORY: WHY IT MATTERS & WHY YOU SHOULD CARE BY VICTOR RAY, PUBLISHED BY PENGUIN RANDOM HOUSE |
60-APR Houston Lawyer 50 (March/April, 2023) |
In On Critical Race Theory: Why It Matters & Why You Should Care, sociology professor Victor Ray offers a comprehensive and accessible overview of the origins, development, and current (oftentimes contentious) discussions surrounding Critical Race Theory (CRT), which, in a nutshell, is a framework for analyzing the myriad ways in which systemic... |
2023 |
| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
| Jeffrey D. Hoagland, Vinay Harpalani |
ORIGINAL INTENT, RACIAL EQUALITY, AND THE CONUNDRUMS OF "COLORBLINDNESS" |
83 Maryland Law Review 231 (2023) |
With its consolidated opinion in Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the U.S. Supreme Court effectively ended the use of race in university admissions. In these cases, one sees a recurring constitutional and political narrative. Both parties... |
2023 |