AuthorTitleCitationSummaryYear
Frank W. Munger, Carroll Seron LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA 66 New York Law School Law Review 175 (2021/2022) EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... 2022
Rory Bahadur LAW SCHOOL RANKINGS AND THE IMPOSSIBILITY OF ANTI-RACISM 53 Saint Mary's Law Journal 991 (2022) Introduction. 992 I. U.S. News and World Report Rankings Methodology. 996 II. Defining Racism and Systemic Racism. 998 III. Contextualizing Bias and Systemic Racism. 1005 A. Ships and Soccer. 1005 B. Missing White Woman Syndrome. 1008 C. Athlete Protests. 1009 D. Welfare and Farm Subsidy. 1012 IV. System Justification and the U.S. News Rankings.... 2022
To Nhu Huynh LEGAL EPIDEMIOLOGY FOR RACIAL HEALTH EQUITY 21 Houston Journal of Health Law & Policy 411 (2022) Introduction. 413 I. The Need to Integrate Racial Health Equity Considerations into Policy-Making. 417 II. Legal Epidemiology: the Microscope to Study Laws. 420 III. Legal Epidemiology in Action. 426 A. Case Study 1: Tracking Legal Responses to COVID-19 in 51 Jurisdictions. 427 1. Efforts to Track Legal Responses to COVID-19. 427 2. Preliminary... 2022
Magda Boutros , Department of Sociology, University of Washington, Seattle, Washington, USA LEGAL MOBILIZATION AND BRANCHES OF LAW: CONTESTING RACIALIZED POLICING IN FRENCH COURTS 56 Law and Society Review 623 (December, 2022) When activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal... 2022
Michael Conklin LEGALITY OF EXPLICIT RACIAL DISCRIMINATION IN THE DISTRIBUTION OF LIFESAVING COVID-19 TREATMENTS 19 Indiana Health Law Review 315 (2022) In 2021, the Federal Drug Administration released a statement advocating for race and ethnicity to be used in rationing lifesaving COVID-19 treatments. By January 2022, three states had implemented policies explicitly prioritizing treatments based on race, which resulted in multiple legal challenges. This Article analyzes the uphill battle such... 2022
Daniel S. Harawa LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE 110 California Law Review 681 (June, 2022) The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... 2022
James E. Coleman, Jr. LIVING IN THE SHADOW OF AMERICAN RACISM 85 Law and Contemporary Problems 155 (2022) Last night I saw upon the stair A little man who wasn't there He wasn't there again today Oh, how I wish he'd go away . William Hughes Mearns I grew up in segregated Charlotte, North Carolina, in the shadow of racism. It was ubiquitous, but often not discussed. Sometimes it was visible, but more often not. Sadly, it still darkens our country. Like... 2022
Gregory S. Parks MARTIAL ARTS AS A REMEDY FOR RACIALIZED POLICE VIOLENCE 83 Ohio State Law Journal Online 41 (2022) C1-3Table of Contents I. Introduction. 41 II. Race and Police Violence. 42 III. Reducing Police Lethality Through Martial Arts. 46 IV. Conclusion. 52 2022
Erin E. Meyers MASS CRIMINALIZATION AND RACIAL DISPARITIES IN CONVICTION RATES 73 Hastings Law Journal 1099 (May, 2022) A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are represented in the FBI's master criminal database. Many scholars and commentators have questioned the desirability of mass... 2022
Andrew J. Arden MASS INCARCERATION, DEPRIVATION OF RIGHTS, AND RACIAL SUBORDINATION: U.S. v. GARY, THE AMERICAN GUN CONTROL NARRATIVE, AND UGLY TRUTH BEHIND 18 U.S.C. 922(G) 2 North Carolina Civil Rights Law Review 141 (Spring, 2022) Any unarmed people are slaves or are subject to slavery at any given moment . There is a world of difference between thirty million unarmed, submissive Black people and thirty million Black people armed with freedom and defense guns and the strategic methods of liberation. - Huey P. Newton, Co-Founder and Minister of Defense, Black Panther Party... 2022
Larry Alexander MICHAEL PERRY AND DISPROPORTIONATE RACIAL IMPACT 23 Journal of Contemporary Legal Issues 469 (2022) C1-2Table of Contents I. The Disparate Impact Theory of Racial Discrimination. 470 II. Assessing the Merits of Michael's DRI Theory. 474 III. Disproportionate Racial Impact and Twenty-First Century Racial Politics. 478 2022
Kristin M. Kostick-Quenet, I. Glenn Cohen, Sara Gerke, Bernard Lo, James Antaki, Faezah Movahedi, Hasna Njah, Lauren Schoen, Jerry E. Estep, J.S. Blumenthal-Barby MITIGATING RACIAL BIAS IN MACHINE LEARNING 50 Journal of Law, Medicine & Ethics 92 (Spring, 2022) Keywords: Algorithmic Bias, Racial Bias, Machine Learning, Artificial Intelligence, Ethics Abstract: When applied in the health sector, AI-based applications raise not only ethical but legal and safety concerns, where algorithms trained on data from majority populations can generate less accurate or reliable results for minorities and other... 2022
David Simson MOST FAVORED RACIAL HIERARCHY: THE EVER-EVOLVING WAYS OF THE SUPREME COURT'S SUPERORDINATION OF WHITENESS 120 Michigan Law Review 1629 (June, 2022) This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court's constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the racial superordination of whiteness--the reinforcing of the superior... 2022
Andrew Gall MOVING FROM HARM MITIGATION TO AFFIRMATIVE DISCRIMINATION MITIGATION: THE UNTAPPED POTENTIAL OF ARTIFICIAL INTELLIGENCE TO FIGHT SCHOOL SEGREGATION AND OTHER FORMS OF RACIAL DISCRIMINATION 31 Catholic University Journal of Law & Technology 145 (Fall, 2022) The United States government took an increasingly hands-on approach to AI development and governance during the 116 and 117 Congresses under Presidents Trump and Biden--creating the Select Committee on AI and the AI Research and Development Interagency Working Group, launching AI.gov, releasing three major reports on the status of AI in the United... 2022
Courtnee Melton-Fant NEW PREEMPTION AS A TOOL OF STRUCTURAL RACISM: IMPLICATIONS FOR RACIAL HEALTH INEQUITIES 50 Journal of Law, Medicine & Ethics 15 (Spring, 2022) Keywords: Racism, Preemption, Health Disparities, State Government, Local Government Abstract: Preemption is a substantial threat to achieving racial equity. Since 2011, states have increasingly preempted local governments from enacting policies that can improve health and reduce racial inequities such as increasing minimum wage and requiring paid... 2022
Hope J. Estrella ONE STEP FORWARD, TWO STEPS BACKWARD: WILL CONNECTICUT ACCEPT THE ONGOING LEGACY OF RACIAL DISCRIMINATION IN JURY SELECTION? 21 Connecticut Public Interest Law Journal 63 (Spring, 2022) The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into a jury box. When the First Continental Congress met in Philadelphia in 1774, they decreed that the right to a jury of one's peers was a fundamental privilege. King George III had... 2022
Ceci Lopez, JD, LLM , Dolores Calderón, JD, PhD PEDAGOGIES OF REFUSAL AS RACIAL REALIST PRAXIS 20 Seattle Journal for Social Justice 1019 (Summer, 2022) As educators in an undergraduate legal program with a social justice mission, we understand our pedagogical practice and responsibility as one that reflects Derrick Bell's Racial Realism. In our classrooms, we acknowledge the inherently racist, sexist, gendered, and colonialist formations of law. We do not teach the study of law as a neutral... 2022
  Perpetuating the Presumption of Guilt: The Role of Implicit Racial Bias in Forensic Testimony 58 Criminal Law Bulletin 1 (2022) Executive Director, Forensic Justice Project; J.D., Seattle University School of Law, B.S., New York University. Thank you to my brother and sister, who are my lifelong friends, and to Andy, my partner and champion. 2022
Alyssa Sloan PIGFORD v. GLICKMAN AND THE REMNANTS OF RACISM 8 One J: Oil and Gas, Natural Resources, and Energy Journal 19 (September, 2022) [T]he law of inheritance was the last step to equality .. The family represents the estate, the estate the family, whose name, together with its origin, its glory, its power, and its virtues, is thus perpetuated in an imperishable memorial of the past and as a sure pledge of the future. - Alexis de Tocqueville I feel so proud to say from whence I... 2022
Griffin Edwards , Stephen Rushin POLICE VEHICLE SEARCHES AND RACIAL PROFILING: AN EMPIRICAL STUDY 91 Fordham Law Review 1 (October, 2022) In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a... 2022
Courtney Lauren Anderson POST-PANDEMIC, BUT NOT POST-RACIAL 15 Saint Louis University Journal of Health Law & Policy 221 (2022) The Fair Housing Rights Act and the Voting Rights Act have had measurable success in providing opportunities to address intentional discrimination in housing and voting contexts. Plaintiffs with evidence of direct illegalities have clear frameworks under which justice may be sought, and both Acts provide a path for relief upon violations of housing... 2022
Marie Boyd PREEMPTION & GENDER & RACIAL (IN)EQUITY: WHY STATE TORT LAW IS NEEDED IN THE COSMETIC CONTEXT 102 Boston University Law Review 167 (February, 2022) Much of the legal scholarship on the preemption of state tort law in the food and drug context and beyond has focused on issues of federalism. While the literature has considered the relationship between state tort law and the regulatory system, it has not generally explored the impact the federal preemption of state tort law may have on women and... 2022
Rick Su , Marissa Roy , Nestor Davidson PREEMPTION OF POLICE REFORM: A ROADBLOCK TO RACIAL JUSTICE 94 Temple Law Review 663 (Summer, 2022) C1-2Table of Contents Introduction. 663 I. Overview of the Intergovernmental Administration of Criminal Justice. 665 II. New Preemption of Local Policing. 666 A. Budgeting. 667 B. Police Accountability. 670 C. Management of Police Departments. 671 III. The Importance of Local Discretion Over Police Reform. 673 2022
Nooreen Reza PROBLEMATIZING LOW-LEVEL POLICING'S RELATIONSHIP WITH RACIALIZED GENTRIFICATION 29 Virginia Journal of Social Policy and the Law 68 (Winter, 2022) Introduction. 69 I. A Primer on Gentrification and Displacement. 71 II. The Empirical Links Between Order Maintenance Policing and Gentrification. 73 A. Development-Directed Policing. 73 B. Neighbor-Driven Policing. 78 III. The Racially Unjust Impacts of Gentrification-Induced Policing. 80 A. Crime Free Housing Laws. 80 B. Community Degradation... 2022
Leah Goodridge PROFESSIONALISM AS A RACIAL CONSTRUCT 69 UCLA Law Review Discourse 38 (2022) This Essay examines professionalism as a tool to subjugate people of color in the legal field. Professionalism is a standard with a set of beliefs about how one should operate in the workplace. While professionalism seemingly applies to everyone, it is used to widely police and regulate people of color in various ways including hair, tone, and food... 2022
Carol M. Rose PROPERTY LAW AND INEQUALITY: LESSONS FROM RACIALLY RESTRICTIVE COVENANTS 117 Northwestern University Law Review 225 (2022) Abstract--A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted... 2022
Liam H. McMillin PROVING RACISM: GIBSON BROS. INC. v. OBERLIN COLLEGE AND THE IMPLICATIONS ON DEFAMATION LAW 90 University of Cincinnati Law Review 1021 (2022) Within a day of the election of Donald Trump in 2016, a seemingly innocuous event occurred in the small college town of Oberlin, Ohio: an Oberlin College student visited a local business, Gibson's, and attempted to use a fake ID to buy a bottle of wine, with two more bottles hidden under his shirt. The man at the counter, Allyn D. Gibson Jr.,... 2022
Matthew C. Altman , Cynthia D. Coe PUNISHMENT THEORY, MASS INCARCERATION, AND THE OVERDETERMINATION OF RACIALIZED JUSTICE 16 Criminal Law and Philosophy 631 (October, 2022) Accepted: 17 September 2021 / Published online: 26 September 2021 © The Author(s), under exclusive licence to Springer Nature B.V. 2021 In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S.... 2022
Bethany R. Berger RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY 64 Arizona Law Review 619 (Fall, 2022) Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... 2022
Ronak Patel RACE-CONSCIOUS INDEPENDENT REDISTRICTING COMMISSIONS: PROTECTING RACIAL MINORITIES' POLITICAL POWER THROUGH RULES-BASED MAP DRAWING 69 UCLA Law Review 624 (April, 2022) The United States is changing, and its democratic process must change with it. A new nonwhite majority is emerging after decades of demographic shift. Federal voting rights doctrine, developed throughout the Civil Rights Era, is premised on a biracial conception of American society. Withering under sustained attack, federal protections have also... 2022
Atinuke O. Adediran RACIAL ALLIES 90 Fordham Law Review 2151 (April, 2022) Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes... 2022
Kevin D. Brown , Kenneth G. Dau-Schmidt RACIAL AND ETHNIC ANCESTRY OF THE NATION'S BLACK LAW STUDENTS: AN ANALYSIS OF DATA FROM THE LSSSE SURVEY 22 Berkeley Journal of African-American Law & Policy 1 (2022) Introduction. 2 I. Changing Racial and Ethnic Ancestries of Black People in the United States Since Affirmative Action Began. 6 A. Historical Race and Ethnicity of Black People at the Commencement of Affirmative Action. 6 B. Current Racial and Ethnic Ancestry of Black People. 8 C. Impact of Change in Census Definitions on the Ability to Collect... 2022
Nelson Torres-Rios RACIAL BARRIERS TO EQUAL PROTECTION: UNITED STATES v. VAELLO MADERO 49 Rutgers Law Record 102 (2022) For most Americans, United States citizenship guarantees all the rights and privileges provided by the federal constitution. For the 3 million American citizens who reside in Puerto Rico, a population greater than 20 states, the constitution does not provide for representation in Congress nor participation in federal elections. Facing dire needs... 2022
Amy Sings In The Timber, Randi Mattox RACIAL BIAS AND WRONGFUL CONVICTIONS 47-MAR Montana Lawyer 11 (February/March, 2022) Innocence work is evolving. The drivers of wrongful convictions are not changing. Rather, advocates around the country are beginning to recognize and acknowledge how racial equity plays a role in ending unjust incarceration in our criminal legal system. Considering who is most often wrongfully convicted and the motivations behind locking up... 2022
Dan L. Burk RACIAL BIAS IN ALGORITHMIC IP 106 Minnesota Law Review Headnotes 270 (Spring, 2022) Justice? Hawkmoon called after him as he left the room. Is there such a thing? It can be manufactured in small quantities, Fank told him. But we have to work hard, fight well and use great wisdom to produce just a tiny amount. Intellectual property law currently stands at the intersection of two dramatic social trends. Machine learning... 2022
Annie H. Sloan RACIAL BIAS IN JURY SELECTION MUST BE ADDRESSED 61 Judges' Journal 24 (Spring, 2022) The problem of racial bias in jury selection has long plagued the American criminal legal system, undermining constitutional guarantees of a fair jury trial and equal justice under law. Recently, some states have begun to tackle this fundamental issue with renewed vigor and creativity. An aggressive effort to combat this longstanding injustice... 2022
Pavan S. Krishnamurthy RACIAL BIAS IN THE UNITED STATES ARMED FORCES: A THREAT TO NATIONAL SECURITY IN THE ERA OF RENEWED GREAT POWER COMPETITION 29 Virginia Journal of Social Policy and the Law 31 (Winter, 2022) Introduction. 33 I. The History of International Security Environments. 35 A. The Cold War Era. 35 B. The Post-Cold War Era. 36 C. The Era of Renewed Great Power Competition. 36 II. Racial Bias in the United States Armed Forces. 38 Diagram 1: Racial Bias within Micro and Macro Perspectives. 40 A. Racial Bias in the Cold War Era. 40 B. Racial Bias... 2022
E. Tendayi Achiume RACIAL BORDERS 110 Georgetown Law Journal 445 (March, 2022) This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... 2022
Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall RACIAL CAPITALISM IN THE CIVIL COURTS 122 Columbia Law Review 1243 (June, 2022) This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... 2022
Natè Simmons RACIAL CAPITALISM: COMPLEXITIES WITH ENFORCING CORPORATE COMMITMENTS TO END RACIAL INJUSTICE 55 UIC Law Review 519 (Fall, 2022) I. Introduction. 519 II. Background. 521 A. Corporate Pronouncements Committing to Diversity, Equity and Inclusion. 521 B. Colin Kaepernick's Protest for Racial Equality. 525 C. Corporate Gift Regulation. 528 D. Legislation on Diversifying Corporate Boards of Directors. 529 E. Tax Credits. 530 F. Racial Capitalism. 531 III. Analysis. 532 A.... 2022
Stewart Chang RACIAL CONTAGION: ANTI-ASIAN NATIONALISM, THE STATE OF EMERGENCY, AND EXCLUSION 9 Belmont Law Review 486 (Spring, 2022) Introduction. 486 I. Contagion, Yellow Peril, and Exclusion. 491 II. Korematsu, Internment, and the Enemy Within. 501 III. The Chinese Virus and the COVID-19 Travel Bans. 506 Conclusion. 510 2022
Kathryne M. Young , Jessica Pearlman RACIAL DISPARITIES IN LIFER PAROLE OUTCOMES: THE HIDDEN ROLE OF PROFESSIONAL EVALUATIONS 47 Law and Social Inquiry 783 (August, 2022) One in seven people in prison in the US is serving a life sentence, and most of these people will eventually be eligible for discretionary parole release. Yet parole hearings are notoriously understudied. With only a handful of exceptions, few researchers have considered the ways in which race shapes decision-makers' perception of parole... 2022
Allyson Crane RACIAL DISPARITIES IN MENTAL HEALTH TREATMENT: HOW INDIANA MISSES THE MARK IN PROVIDING ACCESSIBLE AND QUALITY TREATMENT AMIDST THE CORONAVIRUS PANDEMIC 19 Indiana Health Law Review 427 (2022) Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality... 2022
Grace E. Driggers RACIAL DISPARITIES IN SOUTH CAROLINA'S JUVENILE JUSTICE SYSTEM: WHY THEY EXIST AND HOW THEY CAN BE REDUCED 73 South Carolina Law Review 1115 (Summer, 2022) I. Introduction. 1116 II. Background. 1119 A. The Root Cause: How Racial Disparities in Juvenile Justice Systems Develop. 1119 1. Differential Offending. 1119 2. Differential Selection. 1120 B. Why South Carolina's Legislature Should Explicitly Target Racial Disparities. 1125 III. The Juvenile Justice Reform Act of 2020. 1127 IV. Models of Success.... 2022
Patrick Ross RACIAL EQUITY IMPLICATIONS OF ARTIFICIAL INTELLIGENCE IN HEALTH CARE 77 Food & Drug Law Journal 265 (2022) Decision-making using artificial intelligence (AI) aims to reduce human error and bias in the clinical decision process. The advanced pattern-finding capabilities of AI and machine learning serve as both promise and pitfall, as pattern recognition can unintentionally cause algorithms to incorporate human biases, such as racial, gender, or... 2022
Alyssa C. Mooney , Alissa Skog , Amy E. Lerman RACIAL EQUITY IN ELIGIBILITY FOR A CLEAN SLATE UNDER AUTOMATIC CRIMINAL RECORD RELIEF LAWS 56 Law and Society Review 398 (September, 2022) States have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record... 2022
Jennifer Rebholz RACIAL EQUITY'S LONG ROAD 58-FEB Arizona Attorney 6 (February, 2022) This month is Black History Month, a celebration of important people and events in the history of the African diaspora. When I started to write this column, I struggled because I didn't think, as a white woman, I was the best person to highlight this and that I would be inserting myself into a story that wasn't really mine. I was going to play it... 2022
Shauhin A. Talesh* RACIAL INEQUALITY, COVID-19, AND HEALTH AND UNEMPLOYMENT INSURANCE: LESSONS LEARNED AND PATHWAYS FORWARD 71 DePaul Law Review 635 (Spring, 2022) COVID-19 impacted the entire world, and the United States is no exception. In addition to pervasive death and illness, COVID-19 wreaked havoc on the U.S. economy. Many people in the United States lost their jobs, others worked remotely, and many essential workers continued working in their workplace settings at great risk to themselves. The public... 2022
Sophia Z. Lee RACIAL JUSTICE AND ADMINISTRATIVE PROCEDURE 97 Chicago-Kent Law Review 161 (2022) This article argues that commemorating the Administrative Procedure Act (APA) should involve accounting for the role it has played in both advancing and thwarting racial justice, as well as the role racial justice advocates have played in shaping its interpretation. The APA was not designed to advance racial justice; indeed, its provisions... 2022
Yuvraj Joshi RACIAL JUSTICE AND PEACE 110 Georgetown Law Journal 1325 (June, 2022) The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... 2022
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