| Author | Title | Citation | Summary | Year |
| Trina Jones , Jessica L. Roberts |
Genocide: the Ultimate Racial Profiling |
120 Columbia Law Review 1929 (November, 2020) |
Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use; Search Snippet: ...Law Review November, 2020 Essay GENETIC RACE? DNA ANCESTRY TESTS, RACIAL IDENTITY, AND THE LAW [FNa1] Trina Jones [FNaa1] Jessica L... |
2020 |
| Montrece M. Ransom, JD, MPH , Vice Chair, Coordinating Committee on Diversity, ABA Health Law Section |
Guests in Another's House: an Analysis of Racially Disparate Bar Performance |
32 Health Lawyer Law. 3 (June, 2020) |
I am obsessed with the phenomenon of belonging. For the past year, I've been studying, presenting workshops on, and writing about the importance of fostering a sense of belonging in all of our shared spaces. In addition, the heart of my coaching practice is affirming to my clients that anywhere they are called or aspire to be, they belong; Search Snippet: ...Health Lawyer June, 2020 GUEST CHAIR'S COLUMN: DYING TO BELONG: RACISM AS A PUBLIC HEALTH ISSUE Montrece M. Ransom JD MPH... |
2020 |
| Jacob Z. Bolton |
Health Injustice and Justice in Health: the Role of Law and Public Policy in Generating, Perpetuating, and Responding to Racial and Ethnic Health Disparities Before and after the Affordable Care Act |
20 Journal of Law in Society 315 (Summer, 2020) |
C1-2TABLE OF CONTENTS Introduction. 315 Background. 317 L1 A. Background on Climate Destabilization. L2317 L1 B. Background on Climate Destabilization Law. L2322 L1 C. Proposals for U.S. Climate Change Law. L2329 L1 D. Building Local Institutions for Climate Justice. L2335 I. Climate Change & Inequity: A Root Cause Analysis. 338 II. Frame Policies; Search Snippet: ...Note HEALTH IN ALL OR PROFIT FOR SOME: HEALTH AND RACIAL EQUITY IN ALL POLICY FOR A JUST TRANSITION Jacob Z... |
2020 |
| John Tehranian |
Is Peña-rodriguez V. Colorado Just a Drop in the Bucket or a Catalyst for Improving a Jury System Still Plagued by Racial Bias, and Still Badly in Need of Repairs? |
58 Houston Law Review 151 (Fall, 2020) |
With the world's most ubiquitous celebutante firmly cast in the starring role, this Article conducts an exegesis on the semiotics of Kim Kardashian's racial identity. In the process, the Article explores the social construction of race in action, weighs the individual agency possible in the racialization process, and further probes the reality of... |
2020 |
| Paul Finkelman |
Johnnie Cochran Challenged America's New Age Officially Unintentional Black Code; a Constitutionally Permissible Racial Profiling Policy |
8/31/2020 University of Chicago Law Review Online 13 (August 31, 2020) |
In Part I of this essay I explored Chief Justice John Marshall's personal and political commitment to slavery, as a lifelong buyer and seller of human beings, and his deep hostility to the presence of free blacks in America. Here I examine Marshall's jurisprudence involving freedom suits and, to a lesser extent, his decisions involving the African; Search Snippet: ...Law Review Online August 31, 2020 JOHN MARSHALL'S PROSLAVERY JURISPRUDENCE: RACISM, PROPERTY, AND THE GREAT CHIEF JUSTICE Paul Finkelman [FN1] Copyright... |
2020 |
| DeVaughn Jones |
Judicial Recruitment and Racial Diversity on State Courts: an Overview |
68 UCLA Law Review Discourse 338 (2020) |
This Essay retells the Dred Scott story as a set of intersecting stories about judicial racism and judicial antiracism. Part I defines racism and antiracism, then discusses how racist and antiracist ideas are realized through government power. Next, this Essay visits one of the most prominent moments of judicial racial history: the story of Dred... |
2020 |
| Marcus Lind-Martinez |
Latino Jury Nullification: Resisting Racially & Ethnically Biased Crimmigration Through Civil Disobedience |
23 Harvard Latinx Law Review 125 (Spring, 2020) |
I. Framing the Moot Court Experience with Narrative. 125 II. Critical Analysis of First-Year Moot Court Competitions. 128 A. The Brief. 129 B. May it Please the Court. 131 C. Your Honor. 133 D. Ridiculous. 135 III. Reflections on the First-Year Curriculum. 138 A. Building Cultural Competency and Empathy. 138 B. Developing Anti-Racist Methods; Search Snippet: ...SUPREMACY, AND REFORMING FIRST-YEAR MOOT COURT COMPETITIONS TO CONFRONT RACIAL AND ETHNIC BIAS Marcus Lind-Martinez [FNa1] Copyright © 2020 by... |
2020 |
| Cynthia L. Cooper |
Leadership Matters: Saving Judge Scheindlin's Nypd Racial Profiling Remedy in Floyd V. City of New York |
106-NOV ABA Journal 18 (October/November, 2020) |
New concerns about maternal risks in pregnancy emerged as COVID-19 plowed its way across the country this year. In April, New York Gov. Mario Cuomo convened the COVID-19 Maternity Task Force to look at alternative facilities for delivery. In May, the Association of Maternal & Child Health Programs called on Congress to fund research on the; Search Snippet: ...blair.chavis@americanbar.org liane.jackson@americanbar.org Health Law LAWYERS TACKLE MATERNAL MORTALITY Racial Disparities Are Exacerbated by COVID-19 Cynthia L. Cooper Copyright... |
2020 |
| Hafsa S. Mansoor |
Moment -Or- Movement? |
50 Seton Hall Law Review 881 (2020) |
To be a Negro in this country and to be relatively conscious is to be in a rage almost all the time. -James Baldwin On March 4, 2000, Delois Turner wanted a donut and a cup of coffee. Ms. Turner, a fifty-seven year old Black woman from New York, entered Nancy Wong's donut shop to purchase her pastry and beverage. Unfortunately, the donut Wong... |
2020 |
| Blair Chavis, Kevin Davis, Liane Jackson |
Montoy V. State and State Racial Finance Disparities: Did the Kansas Courts Get it Right this Time? |
106-NOV ABA Journal 34 (October/November, 2020) |
Lawyers have a long tradition of supporting efforts to bring racial and social justice to this country. They've argued important civil rights cases, demanded police accountability and advocated for public policies to address systemic and institutional racism. Recent killings of unarmed Black people by police have sparked a new wave of protests and; Search Snippet: ...Involved in Civil Rights Battles Reflect on Recent Demands for Racial Justice Blair Chavis Kevin Davis Liane Jackson Copyright © 2020 by... |
2020 |
| Anastasia M. Boles |
Moving Toward Sustainable Residential Integration with Racial Justice and Social Equity |
43 University of Arkansas at Little Rock Law Review Rev. 1 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 1 II. Race and Incarceration in Arkansas. 6 A. Sentencing Disparities in Arkansas. 9 B. The Science of Racial Bias and the Criminal Justice System. 12 III. Racism, the Constitution, and the Jury Process. 15 IV. Before The Verdict: Arkansas's New Jury Instruction. 17 A. AMI Crim. 2d 101. 18 B. Other; Search Snippet: ...Article MOVING THE NEEDLE: TWO PROMISING TOOLS TO ATTACK ARKANSAS'S RACIAL DISPARITY IN CRIMINAL SENTENCING Anastasia M. Boles [FNa1] Copyright © 2020... |
2020 |
| Kermit Lind |
Mules , Madonnas, Babies, Bath Water, Racial Imagery and Stereotypes: the African -American Woman and the Battered Woman Syndrome |
70 Case Western Reserve Law Review 759 (Spring, 2020) |
C1-2Contents Introduction. 759 I. Perspective of a Neighborhood-based Community Development Lawyer. 762 II. The Challenges of Neighborhood Community Development in 21st Century Cities. 764 III. The Principles and Characteristics of Just Sustainability. 766 IV. Moving Toward Sustainable Integrated Residential Neighborhoods and Communities. 770; Search Snippet: ...Symposium Moving Toward Integration MOVING TOWARD SUSTAINABLE RESIDENTIAL INTEGRATION WITH RACIAL JUSTICE AND SOCIAL EQUITY Kermit Lind [FNd1] Copyright © 2020 by... |
2020 |
| Coty Montag |
Murdering the Spirit: Racism, Rights, and Commerce |
34-SPG Natural Resources & Environment 16 (Spring, 2020) |
Albert Pickett, a Black man and lifelong resident of East Cleveland, Ohio, has lived without running water in his home for six years. Pickett v. City of Cleveland, No. 19-cv-2911, Complaint at 23 (N.D. Ohio Dec. 18, 2019), naacpldf.org/wp-content/uploads/Pickett-Filed-Complaint.pdf. His sole income is disability benefits. Pickett owns and lives in; Search Snippet: ...ENVIRONMENT Natural Resources & Environment Spring, 2020 Feature MUNICIPAL POWER AND RACIAL INJUSTICE: SOLUTIONS FOR WATER DISCRIMINATION Coty Montag [FNa1] Copyright © 2020... |
2020 |
| Matthew Krumholtz |
Ninth Circuit Conference Studies Jury Communications, Litigation Efficiency and Racial, Religious and Ethnic Fairness |
92-AUG New York State Bar Journal 25 (August, 2020) |
The New York State Unified Court System on June 9th announced an independent review of its policies and practices that address issues of racial bias. Chief Judge Janet DiFiore cited the tragic death of George Floyd as the impetus for this evaluation, and she named Jeh Johnson, currently a partner at Paul, Weiss, Rifkind, Wharton & Garrison, to lead... |
2020 |
| Sacred B. Huff |
Overcoming Racism on College Campuses by Restricting Speech: Is this Effective? |
11 George Washington Journal of Energy & Environmental Law 22 (Summer, 2020) |
By March 2016, the Flint, Michigan Water Crisis dominated national news. Headlines describing how the city's drinking water had become lead-contaminated after local officials switched the city's water source to save money sparked a new round of conversation about the regulation of pollution. Yet, environmental justice advocates maintain that; Search Snippet: ...Journal of Energy & Environmental Law Summer, 2020 Note OVERCOMING ENVIRONMENTAL RACISM: A LESSON FROM THE VOTING RIGHTS ACT OF 1965 Sacred... |
2020 |
| Daniel Kato |
Post-Racial Proxies: Resurgent State and Local Anti-"Alien" Laws and Unity-rebuilding Frames for Antidiscrimination Values |
55 Tulsa Law Review 219 (Winter, 2020) |
Michael G. Hanchard, The Spectre of Race: How Discrimination Haunts Western Democracy (Princeton University Press 2018). Pp. 272. Hardcover $29.95. Paperback $22.95. Charles J. Ogletree, Jr. & Austin Sarat, Eds., Racial Reconciliation and the Healing of a Nation: Beyond Law and Rights (New York University Press 2017). Pp. 224. Hardcover $89.00; Search Snippet: ...LAW REVIEW Tulsa Law Review Winter, 2020 Book Review POST- RACIAL OR POST-REFORM?: EXAMINING THE CHANGE AND CONTINUITY OF RACIAL POLITICS AFTER 2015 Daniel Kato [FNa1] Copyright © 2020 by The... |
2020 |
| Allie Robbins |
Preventing Balkanization or Facilitating Racial Domination: a Critique of the New Equal Protection |
26 Widener Law Review 143 (2020) |
Law schools are losing students of color to non-transfer attrition at a rate nearly 19% higher than that of white students. This racial disparity is unacceptable, and law schools must take concrete steps to eliminate it. In order to do so, law schools will have to take action both inside and outside of the classroom. Faculty must be more directly; Search Snippet: ...Review 2020 Article PREVENTING ATTRITION: CRITICAL INTERVENTIONS TO CLOSE THE RACIAL GAP IN NON-TRANSFER ATTRITION Allie Robbins [FN1] Copyright © 2019... |
2020 |
| |
Promoting Racial Equality |
56 Criminal Law Bulletin ART 2 (2020) |
Dean Knox is an Assistant Professor of Operations, Information, and Decisions at the Wharton School, University of Pennsylvania. Jonathan Mummolo is an Assistant Professor of Politics and Public Affairs at Princeton University. They specialize in the study of police behavior; Search Snippet: ...2020 Criminal Law Bulletin Prominent Claims that Policing is Not Racially Biased Rest on Flawed Science Dean Knox and Jonathan Mummolo... |
2020 |
| Edward R. Morrison, Belisa Pang, Antoine Uettwiller, Columbia University, Yale University, Imperial College London |
Race and Class: the Dilemma of Liberal Reform |
63 Journal of Law & Economics 269 (May, 2020) |
African American bankruptcy filers select Chapter 13 far more often than other debtors, who opt instead for Chapter 7, which has higher success rates and lower attorneys' fees. Prior scholarship blames racial discrimination by attorneys. We propose an alternative explanation: Chapter 13 offers benefits, including retention of cars and driver's; Search Snippet: ...Journal of Law & Economics May, 2020 RACE AND BANKRUPTCY: EXPLAINING RACIAL DISPARITIES IN CONSUMER BANKRUPTCY [FNa1] Edward R. Morrison Columbia University... |
2020 |
| Bobbi M. Bittker |
Racial and Ethnic Disparities in Medicare: What the Department of Health and Human Services and the Centers for Medicare and Medicaid Services Can, and Should, Do |
45 Human Rights 18 (2020) |
Health care as a human right is a principle building momentum in the current political climate, where proposals for universal health care have again taken center stage. A healthy society is composed of healthy individuals. Yet, civil rights violations resulting in many racial and ethnic disparities still need to be addressed in order to deliver; Search Snippet: ...5758715 HUMAN RIGHTS Human Rights 2020 Health Matters in Elections RACIAL AND ETHNIC DISPARITIES IN EMPLOYER-SPONSORED HEALTH COVERAGE Bobbi M... |
2020 |
| Elizabeth D. Katz |
Racial and Religious Democracy: Identity and Equality in Midcentury Courts |
72 Stanford Law Review 1467 (June, 2020) |
In our current political moment, discrimination against minority racial and religious groups routinely makes headlines. Though some press coverage of these occurrences acknowledges parallels and links between racial and religious prejudices, these intersections remain undertheorized in legal and historical scholarship. Because scholars; Search Snippet: ...4500694 STANFORD LAW REVIEW Stanford Law Review June, 2020 Article RACIAL AND RELIGIOUS DEMOCRACY: IDENTITY AND EQUALITY IN MIDCENTURY COURTS Elizabeth... |
2020 |
| Michael Siegel |
Racial Disparities in Health Care and Cultural Competency |
100 Boston University Law Review 1069 (May, 2020) |
Although the use of excessive force by police has been a concern within communities of color for decades, the issue recently reached the public consciousness through media coverage of a number of high-profile police killings of unarmed Black victims. In explaining these events, the common understanding has been that there are some bad apples; Search Snippet: ...Bad Apples: Exploring the Legal Determinants of Police Violence Contribution RACIAL DISPARITIES IN FATAL POLICE SHOOTINGS: AN EMPIRICAL ANALYSIS INFORMED BY... |
2020 |
| Khiara M. Bridges |
Racial Disparities in Punishment and Alienation: Rebelling for Justice |
95 New York University Law Review 1229 (November, 2020) |
Racial disparities in maternal mortality have recently become a popular topic, with a host of media outlets devoting time and space to covering the appalling state of black maternal health in the country. Congress responded to this increased societal awareness by passing the Preventing Maternal Deaths Act at the tail end of 2018. The law provides; Search Snippet: ...LAW REVIEW New York University Law Review November, 2020 Article RACIAL DISPARITIES IN MATERNAL MORTALITY Khiara M. Bridges [FNa1] Copyright © 2020... |
2020 |
| Larry J. Martin |
Racial Etiquette and Social Capital: Challenges Facing Black Entrepreneurs |
93-AUG Wisconsin Lawyer Law. 3 (July/August, 2020) |
As an organization, the State Bar is acting to ensure equal justice, but we can't do that alone. We need your help. Please. Take a moment to reflect on what you can do, as an individual and as a member . then do it. This isn't the column I was planning to write, but given the events of the last few months, it's the one I must. The killing of George; Search Snippet: ...July/August, 2020 Opinion, Voice and Idea Your State Bar RACIAL EQUITY: IT'S TIME TO STEP UP Larry J. Martin [FNa1... |
2020 |
| Sara Tofighbakhsh |
Racial Gerrymandering in a Complex World: a Reply to Judge Sentelle |
120 Columbia Law Review 1885 (November, 2020) |
In 2019, the Supreme Court slammed the federal courthouse doors on partisan gerrymandering claims from contested state redistricting plans in Rucho v. Common Cause. Yet racial gerrymandering claims remain justiciable. Judicial review of contested redistricting plans is therefore suspended in a state where racial gerrymandering is unconstitutional; Search Snippet: ...7333472 COLUMBIA LAW REVIEW Columbia Law Review November, 2020 Note RACIAL GERRYMANDERING AFTER RUCHO v. COMMON CAUSE : UNTANGLING RACE AND PARTY... |
2020 |
| Eric M. Hayhurst, Chairperson, Young Lawyer Section, The West Virginia State Bar |
Racial Inequality and the Black Ghetto |
2020-AUT West Virginia Lawyer 12 (Autumn, 2020) |
Injustice anywhere is a threat to justice everywhere. --Martin Luther King, Jr. The recent tragedies, indeed, injustices involving George Floyd, Breonna Taylor and Ahmaud Arbery have reignited the flames of racial injustice in America. Since the days of our founding, America has struggled with racial inequality and injustice--from the; Search Snippet: ...VIRGINIA LAWYER West Virginia Lawyer Autumn, 2020 Department Young Lawyers RACIAL INEQUALITY AND INJUSTICE: A CALL TO ACTION Eric M. Hayhurst... |
2020 |
| David A. Harris |
Racial Profiling |
34-WTR Criminal Justice 10 (Winter, 2020) |
The beginning of 2019 marked 22 years since the introduction of the first piece of proposed legislation on racial profiling: the Traffic Stops Statistics Act of 1997, H.R. 118. Passed unanimously by the US House of Representatives in March 1998, this bill constituted the first attempt by any legislative body to come to grips with what had become; Search Snippet: ...2020 WL 506462 CRIMINAL JUSTICE Criminal Justice Winter, 2020 Feature RACIAL PROFILING Past, Present, and Future? David A. Harris [FNa1] Copyright... |
2020 |
| Thaddeus Hoffmeister , University of Dayton School of Law, Dayton, Ohio, 937-229-3810, Email thoffmeister1@udayton.edu, Website www.thaddeushoffmeister.com |
Racial Profiling in the Name of National Security: Protecting Minority Travelers' Civil Liberties in the Age of Terrorism |
44-MAY Champion 66 (May, 2020) |
The issue in New Jersey v. Andujar was whether a prosecutor, during voir dire, could run a criminal background check on one prospective African American juror in order to have that juror challenged for cause. In addressing this question, the appellate court determined that the trial judge, before dismissing the juror for cause, should have first... |
2020 |
| Robert L. Tsai |
Racial Purity and InterRacial Sex in the Law of Colonial and Antebellum Virginia |
118 Michigan Law Review 1127 (April, 2020) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies; Search Snippet: ...2020 2020 Survey of Books Related to the Law Review RACIAL PURGES Robert L. Tsai [FNa1] Copyright © 2020 by Michigan Law... |
2020 |
| Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law |
Racial Redistricting in a Post-Racial World |
63 Howard Law Journal 349 (Spring, 2020) |
A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations; Search Snippet: ...LAW JOURNAL Howard Law Journal Spring, 2020 Article and Essay RACIAL RECONCILIATION THROUGH BLACK REPARATIONS Roy L. Brooks Warren Distinguished Professor... |
2020 |
| Nathan Tauger |
Racial Segregation Patterns in Selective Universities |
123 West Virginia Law Review 171 (Fall, 2020) |
I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F; Search Snippet: ...VIRGINIA LAW REVIEW West Virginia Law Review Fall, 2020 Article RACIAL SEGREGATION IN WEST VIRGINIA HOUSING, 1929-1971 Nathan Tauger [FNa1... |
2020 |
| Cassandra A. Bailey, Betsy E. Galicia, Kalin Z. Salinas, Melissa Briones, Sheila Hugo, Kristin Hunter, Amanda C. Venta, Sam Houston State University, Community Supervision and Corrections Department, Huntsville, Texas, Sam Houston State University |
Racialized Memory and Reliability: Due Process Applied to Cross-Racial Eyewitness Identifications |
44 Law and Human Behavior 88 (February, 2020) |
Objective: This study examined whether race/ethnicity and gender predicted sentencing to anger management therapy as a probation condition. Hypotheses: We predicted judges would be more likely to assign African Americans and Hispanics, and males to anger management than Caucasians and women, respectively. We hypothesized demographic variables would; Search Snippet: ...LAW AND HUMAN BEHAVIOR Law and Human Behavior February, 2020 RACIAL/ETHNIC AND GENDER DISPARITIES IN ANGER MANAGEMENT THERAPY AS A... |
2020 |
| Palma Joy Strand, Nicholas A. Mirkay |
Racializing Antisemitism: the Development of Racist Antisemitism and its Current Manifestations |
15 Northwestern Journal of Law & Social Policy 265 (Spring, 2020) |
This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been... |
2020 |
| Gary J. Simson |
Racially Polarized Voting |
71 Mercer Law Review 811 (Spring, 2020) |
In two decisions in the mid-1970s, Washington v. Davis and Village of Arlington Heights v. Metropolitan Housing Development Corp., the U.S. Supreme Court made clear that proving that a law racially neutral on its face disproportionately disadvantages racial minorities does not establish a violation of the Equal Protection Clause or even create a; Search Snippet: ...Edition Contemporary Issue in Election Law September 27, 2019 Article RACIALLY NEUTRAL IN FORM, RACIALLY DISCRIMINATORY IN FACT: THE IMPLICATIONS FOR VOTING RIGHTS OF GIVING DISPROPORTIONATE RACIAL IMPACT THE CONSTITUTIONAL IMPORTANCE IT DESERVES Gary J. Simson [FNa1... |
2020 |
| Kim Shayo Buchanan, Phillip Atiba Goff |
Racist Trademarks and Consumer Activism: How the Market Takes Care of Business |
67 UCLA Law Review 316 (May, 2020) |
Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,; Search Snippet: ...4015267 UCLA LAW REVIEW UCLA Law Review May, 2020 Article RACIST STEREOTYPE THREAT IN CIVIL RIGHTS LAW Kim Shayo Buchanan Phillip... |
2020 |
| Beneva Davies-Nyandebo |
Reaction To: British Imperialism, the Indian Independence Movement, and the Racial Eligibility Requirements in the Naturalization Act: United States V. Thind Revisited |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 207 (Fall, 2020) |
Anderson's note argues that Risk Assessment Instruments (RAIs) are inappropriate tools for sentence reform and offers other suggestions for real reform and transformation of the United States criminal justice system. Using Wisconsin's finding that if the RAI output is only one of many factors considered in sentencing, it does not violate due; Search Snippet: ...ARE INAPPROPRIATE FOR SENTENCE REFORM: REAL SOLUTIONS FOR REFORM ADDRESS RACIAL STRATIFICATION Beneva Davies-Nyandebo [FNa1] Copyright © 2020 by Beneva Davies... |
2020 |
| Justin Fitzsimmons |
Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 79 (Spring, 2020) |
Landon Myers' article explains how and why multi-racial people have been forced to identify as Black in the Black-White binary, denying them the agency of owning their identities while at the same time denying them the protection of civil rights laws. Myers seeks to remedy the psychological oppression suffered by multi-racial people in having their; Search Snippet: ...AREA: EXPLORING THE BLACK-WHITE BINARY'S EXPLOITATION OF THE MULTI- RACIAL IDENTITY Justin Fitzsimmons [FNa1] Copyright © 2020 by Justin Fitzsimmons Landon... |
2020 |
| Leora Friedman |
Reconciling Equal Protection Law in the Public and in the Family: the Role of Racial Politics |
32 Georgetown Environmental Law Review 421 (Winter, 2020) |
Environmental racism involves the federal government's sponsorship or licensing of private entities that discharge environmental hazards (such as air pollution flowing from nuclear power plants) in communities largely comprised of minority races or ethnicities. It also includes federal funding of state agencies involved with these private projects; Search Snippet: ...Note RECOMMENDING JUDICIAL RECONSTRUCTION OF TITLE VI TO CURB ENVIRONMENTAL RACISM: A RECKLESSNESS-BASED THEORY OF DISCRIMINATORY INTENT Leora Friedman [FNa1... |
2020 |
| Travis Crum |
Reconstruction and Racial Nativism: Chinese Immigrants and the Debates on the Thirteenth, Fourteenth, and Fifteenth Amendments and Civil Rights Laws |
70 Duke Law Journal 261 (November, 2020) |
Racially polarized voting makes minorities more vulnerable to discriminatory changes in election laws and therefore implicates nearly every voting rights doctrine. In Thornburg v. Gingles, the Supreme Court held that racially polarized voting is a necessary--but not a sufficient--condition for a vote dilution claim under Section 2 of the Voting; Search Snippet: ...DUKE LAW JOURNAL Duke Law Journal November, 2020 Article RECONSTRUCTING RACIALLY POLARIZED VOTING Travis Crum [FNd1] Copyright © 2020 by Travis Crum... |
2020 |
| Kamaria A. Guity |
Red and White, Black and Blue: an Examination of the Supreme Court's Racial Gerrymandering Jurisprudence Following Cooper V. Harris |
21 Rutgers Race & the Law Review 23 (2020) |
African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different; Search Snippet: ...NEW JERSEY: THE FORMULA FOR A BILL THAT ACCOUNTS FOR RACIAL INJUSTICE Kamaria A. Guity [FN1] Copyright © 2020 by Rutgers Race... |
2020 |
| Jonathan Rosenbloom |
Reducing Racial Bias in Capital Jury Selection by Eliminating Peremptory Challenges |
26 CITYLAW 49 (2020) |
Even though the Supreme Court struck down race-based land use controls over a hundred years ago in Buchanan v. Warley, 245 U.S. 60 (1917) it has long been known that zoning continues to create or increase racial and economic segregation. Today communities across the U.S. are reexamining their zoning regulations to create more equal, equitable,; Search Snippet: ...49 2020 WL 6343222 CITYLAW 2020 REDUCING RACIAL BIAS EMBEDDED IN LAND USE CODES Jonathan Rosenbloom [FNa1... |
2020 |
| Robert Alan Hershey |
Report of the Oregon Supreme Court Task Force on Racial/ethnic Issues in the Judicial System |
56-AUG Arizona Attorney 40 (July/August, 2020) |
The Hopi Tribe and other Puebloan societies continue to fight French auction-houses that promote sales of sacred belongings that these Native Nations assert are critical to their customary heritages. Tribes elsewhere have been alertedDD to other potential national and international auctions that could foster disappearances of their own cultural... |
2020 |
| Clay Calvert |
Resisting Arrest and Racism - the Crime of "Disrespect" |
68 UCLA Law Review Discourse 282 (2020) |
This Article examines the tension between a prospective college student's First Amendment freedom of speech and a public university's unenumerated, inchoate right of institutional academic freedom. The friction between these interests was cast in high relief in 2020 when several schools confronted dual issues: (1) whether to rescind offers of... |
2020 |
| Anna G. Bobrow |
Restoring Less-speech-restrictive Alternatives after Ward V Rock Against Racism |
106 Virginia Law Review Online 47 (June, 2020) |
In student-led academic honor systems, students establish policies governing lying, cheating, or stealing (referred to as academic misconduct); adjudicate reports of academic misconduct among their peers; and determine appropriate sanctions. These systems have been a common feature of American universities since the early eighteenth century, and; Search Snippet: ...Virginia Law Review Online June, 2020 Essay RESTORING HONOR: ENDING RACIAL DISPARITIES IN UNIVERSITY HONOR SYSTEMS Anna G. Bobrow [FNa1] Copyright... |
2020 |
| Tristin K. Green |
Rethinking Racial Profiling: a Critique of the Economics, Civil Liberties, and Constitutional Literature, and of Criminal Profiling More Generally |
93 Southern California Law Review 217 (January, 2020) |
From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and; Search Snippet: ...LAW REVIEW Southern California Law Review January, 2020 Article RETHINKING RACIAL ENTITLEMENTS: FROM EPITHET TO THEORY Tristin K. Green [FNa1] Copyright... |
2020 |
| Cindy Anderson |
Risk-free Racism: Whiteness and So-called "Free Speech" |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 187 (Fall, 2020) |
C1-3Table of Contents I. Introduction. 188 II. Judicial Sentencing Objectives do not Include Elimination of Racial Stratification. 190 III. State V. Loomis: not an Unexpected Conclusion on the Constitutionality of Risk Assessment Instruments Used in Sentencing. 193 A. Wisconsin Supreme Court Rejects Due Process Arguments Reasoning that RAIs Can Be; Search Snippet: ...ARE INAPPROPRIATE FOR SENTENCE REFORM: REAL SOLUTIONS FOR REFORM ADDRESS RACIAL STRATIFICATION Cindy Anderson [FNa1] Copyright © 2020 by Cindy Anderson C1... |
2020 |
| Marie Pryor , Kim Shayo Buchanan , Phillip Atiba Goff |
Road Work: Racial Profiling and Drug Interdiction on the Highway |
16 Annual Review of Law and Social Science 343 (2020) |
racism, policing, discrimination, behavioral realism, bias, police decision making Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their; Search Snippet: ...of Law and Social Science 2020 RISKY SITUATIONS: SOURCES OF RACIAL DISPARITY IN POLICE BEHAVIOR Marie Pryor [FN1] [FN2] Kim Shayo... |
2020 |
| Emily K. Dalessio |
School Desegregation in the New Millennium: the Racial Balance Standard Is an Inadequate Approach to Achieving Equality in Education |
77 Washington and Lee Law Review 1907 (Fall, 2020) |
In its 2019 decision in Rucho v. Common Cause, the Supreme Court closed the doors of the federal courts to litigants claiming a violation of their constitutional rights based on partisan gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts; Search Snippet: ...ESTABLISHING A HISTORICALLY INFORMED STANDARD TO PREVENT PARTISANSHIP FROM SHIELDING RACIAL GERRYMANDERS FROM FEDERAL JUDICIAL REVIEW Emily K. Dalessio [FNa1] Copyright... |
2020 |
| Jelani Jefferson Exum |
Sentencing Reforms and Racial Disparities |
26 Washington and Lee Journal of Civil Rights and Social Justice 491 (Spring, 2020) |
This Article addresses the role that racial disparities--specifically sentencing disparities--play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black... |
2020 |
| S. Thomas Perry |
Slavery, Segregation and Racism: Trusting the Health Care System Ain't Always Easy! An African American Perspective on Bioethics |
88 George Washington Law Review Arguendo 225 (December, 2020) |
The United States incarcerates people at a higher rate than any other country on Earth. Within the U.S., Black people--particularly at the state level--are incarcerated at disproportionately high rates relative to the total population, the rate at which white people are incarcerated, and crime rates overall. Consequently, Black Americans also... |
2020 |