| Author | Title | Citation | Summary | Year |
| James D. Diamond |
AN UNCOMFORTABLE TRUTH: LAW AS A WEAPON OF OPPRESSION OF THE INDIGENOUS PEOPLES OF SOUTHERN NEW ENGLAND |
27 Roger Williams University Law Review 255 (Spring, 2022) |
Southern New England, today, is a de facto exception to much of U.S. Indian law and policy, with progress sustained by Indigenous peoples in the region at a bare minimum. The exception is the product of more than three hundred years of discrimination and persecution with law employed as the primary weapon. After the conclusion of seventeenth... |
2022 |
| Jennifer Pulice |
ANNUAL ACBA ELECTIONS OPEN FROM MAY 10 TO 26 |
24 Lawyers Journal 1 (5/6/2022) |
Eligible ACBA members will cast ballots to elect the association's next President-Elect, Treasurer, division-level leaders and the newest members of the Board of Governors and Judiciary Committee when the annual elections open next week. Per the ACBA By-Laws, active and honorary membership classes are eligible to the vote in the annual elections.... |
2022 |
| Todd A. DeMitchell, Ed.D., Christine C. Rath, Ed.D. |
ANOTHER SCHOOL MASSACRE, ANOTHER CALL TO ARM TEACHERS: RAISING THE CAUTION FLAG YET AGAIN. A POLICY DISCUSSION |
401 West's Education Law Reporter 703 (9/1/2022) |
Denise Gottfredson, a criminologist at the University of Maryland, called the policy of arming school personnel ill-advised. Beyond substantial research linking gun accessibility and increased gun violence, firearms brought into school by educators might be fired accidentally, the teachers who carry them might deliberately use them for... |
2022 |
| Peter H. Huang |
ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY |
16 FIU Law Review 669 (Spring, 2022) |
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... |
2022 |
| Xavier Bioy |
ARTISTIC CENSORSHIP AND FREEDOMS IN FRENCH PUBLIC LAW |
50 International Journal of Legal Information 7 (Summer, 2022) |
I know that everyone is opposed to the idea of censorship of literary works. As for me, I believe that censorship can be justified, if it is exercised with probity and does not serve to cover up personal, racial or political persecution. Thus pleaded Borges, with his taste, very paradoxical here, for provocation. The legitimization of a... |
2022 |
| Khaled A. Beydoun |
ASIAN AND MUSLIM AMERICANS INTERSECTIONS, SOLIDARITY AND STRIVING AHEAD |
19 Hastings Race and Poverty Law Journal 153 (Summer, 2022) |
Khaled Beydoun, an Associate Professor of Law and Associate Director of Civil Rights and Social Justice, gave a speech at the Center for Racial and Economic Justice Conference titled, Asian and Muslim Americans Intersections, Solidarity and Striving Ahead. Following the conference, he conducted a Q&A interview with HRPLJ's Executive Editor of... |
2022 |
| Taylor C. Holley |
AUDITING SCIENTOLOGY: REEXAMINING THE CHURCH'S 501(C)(3) TAX EXEMPTION ELIGIBILITY |
54 Texas Tech Law Review 345 (Winter, 2022) |
I. Introduction. 346 II. Church and Legislative History. 347 A. The Origins of Scientology. 347 1. L. Ron Hubbard and Dianetics. 348 2. A Religion Is Born from the Principles of Dianetics. 349 B. Criteria for Obtaining and Requirements for Maintaining § 501(c)(3) Status. 353 1. Statutory Criteria. 353 2. The Common Law Requirement. 355 C.... |
2022 |
| Christopher Thomas , Antonio Pontón-Núñez |
AUTOMATING JUDICIAL DISCRETION: HOW ALGORITHMIC RISK ASSESSMENTS IN PRETRIAL ADJUDICATIONS VIOLATE EQUAL PROTECTION RIGHTS ON THE BASIS OF RACE |
40 Minnesota Journal of Law & Inequality 371 (Summer, 2022) |
Many American jurisdictions use algorithmic risk assessments when setting bail or deciding whether to detain criminal defendants before trial. Although the use of risk assessments has been touted as a reform to protect public safety and reduce bias against defendants, algorithmic risk assessments' opacity and racialized recommendations present... |
2022 |
| Linette A. Duluc |
BATSON FAILS AGAIN: HOW THE RESURGENCE OF BLACK LIVES MATTER HIGHLIGHTS THE EASE OF BYPASSING THE RACE-NEUTRAL REQUIREMENT AND PROPOSED MODIFICATIONS TO REFINE THE STANDARD |
55 Suffolk University Law Review 375 (2022) |
When Black people today declare, Black Lives Matter in the face of race-based killings by police and vigilantes, their voices echo Sojourner Truth asking, Ain't I a Woman in the face of chattel slavery and Black protesters declaring, I am a Man in the face of a racial caste system . Racism seeps into the process of jury selection--legally... |
2022 |
| Darryl K. Brown |
BATSON v. ARMSTRONG: PROSECUTORIAL BIAS AND THE MISSING EVIDENCE PROBLEM |
100 Oregon Law Review 357 (2022) |
Introduction. 358 I. Where and When are Prosecutors Biased?. 365 A. Evidence Linking Racial Bias and Prosecutorial Discretion. 365 B. Bias in Charges, Dismissals, Plea Bargains and Sentencing. 369 C. Bias in Jury Selection. 374 D. Implications for Equal Protection Litigation. 375 II. Batson v. Armstrong Doctrine. 376 A. Procedural Structure of... |
2022 |
| Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
| Margaret Hu |
BIOMETRICS AND AN AI BILL OF RIGHTS |
60 Duquesne Law Review 283 (Summer, 2022) |
Abstract. 283 Introduction. 284 I. Federal Government Use of Biometric Data. 286 A. Biometric Data: Public Collection and Use. 286 B. DHS Expansion of Biometric Collection. 288 II. Biometrics and AI. 289 A. High-Risk AI Biometric Systems. 289 B. Biometric AI Systems and Criminal Procedure Risks. 291 III. AI Bill of Rights. 296 A. Bill of Rights and... |
2022 |
| Elizabeth Tobin Tyler |
BLACK MOTHERS MATTER: THE SOCIAL, POLITICAL AND LEGAL DETERMINANTS OF BLACK MATERNAL HEALTH ACROSS THE LIFESPAN |
25 Journal of Health Care Law and Policy 49 (2022) |
Black maternal health disparities have existed for decades. But with America's recent racial reckoning the public health and medical communities are increasingly focused on understanding the pathways that lead to higher rates of Black maternal morbidity and mortality, and policymakers are exploring legal and policy approaches to reducing... |
2022 |
| Tamar Anna Alexanian |
BLACK WOMEN & WOMEN'S SUFFRAGE: UNDERSTANDING THE PERCEPTION OF THE NINETEENTH AMENDMENT THROUGH THE PAGES OF THE CHICAGO DEFENDER |
29 Michigan Journal of Gender & Law 63 (2022) |
Susan B. Anthony once famously stated, I will cut off this right arm of mine before I will ever work for or demand the ballot for the Negro and not the woman. The racism of many early suffragettes has been well documented and discussed; Black suffragettes and other suffragettes of color were, at best, relegated to the margins of the movement and,... |
2022 |
| Danielle M. Conway |
BLACK WOMEN'S SUFFRAGE, THE NINETEENTH AMENDMENT, AND THE DUALITY OF A MOVEMENT |
13 Alabama Civil Rights & Civil Liberties Law Review 1 (2021-2022) |
America is at an unprecedented time with self-determination for Black women. This phase of the movement is reverberating throughout this nation and around the world. There is no confusion for those who identify as Black women that this movement is perpetual, dating back to the enslavement of Black people in America by act and by law. One need only... |
2022 |
| Sanja Kutnjak Ivković , Adri Sauerman , Jon Maskály |
BLACK, WHITE, OR BLUE, EVERYONE BLEEDS RED: EXPLORING VIEWS ABOUT VIOLENCE IN THE SOUTH AFRICAN POLICE SERVICE |
39 Wisconsin International Law Journal 233 (Spring, 2022) |
L1-2Introduction . L3234 A. Policing, Race, and Violence in Historical South African Context. 234 B. Policing, Race, and Violence in Contemporary South Africa. 240 C. Theory of Police Integrity. 244 I. Methodology. 246 A. Sample. 246 B. Police Integrity Variables. 249 C. Demographic Variables. 251 D. Analytic Plan. 251 II. Findings. 252 A. Racial &... |
2022 |
| Tamara Rice Lave |
BLAME THE VICTIM: HOW MISTREATMENT BY THE STATE IS USED TO LEGITIMIZE POLICE VIOLENCE |
87 Brooklyn Law Review 1161 (Summer, 2022) |
The surprising thing about George Floyd is not that he was forcibly arrested for a nonviolent crime. That is a regular occurrence for Black men in America. Nor is it that he was killed by the police. A recent study published by the National Academy of Sciences found that [p]olice violence is a leading cause of death for young men--especially for... |
2022 |
| Elayne E. Greenberg |
BLINDING JUSTICE AND VIDEO CONFERENCING? |
52 Stetson Law Review 275 (Winter 2022) |
Until justice is blind to color, until education is unaware of race, until opportunity is unconcerned with the color of men's skin, emancipation will be a proclamation but not a fact. - Lyndon B. Johnson How might dispute resolution processes for civil matters conducted on video conferencing be designed to reduce racial justice inequities and... |
2022 |
| Tolulope Sogade |
BODY-WORN CAMERA FOOTAGE RETENTION AND RELEASE: DEVELOPING AN INTERMEDIATE FRAMEWORK FOR PUBLIC ACCESS IN A NEW AFFIRMATIVE DISCLOSURE-DRIVEN TRANSPARENCY MOVEMENT |
122 Columbia Law Review 1729 (October, 2022) |
The widespread use of body-worn cameras (BWCs) by law enforcement agencies calls into question how those departments store and publicly release the large amounts of video footage they amass under public access laws. This Note identifies a changing landscape of public access law, with a close look at the federal Freedom of Information Act (FOIA) and... |
2022 |
| Mari Cheney , Mandy Lee , Anna Lawless-Collins |
BOLSTERING THE ASIAN AMERICAN LAW LIBRARY COLLECTION: A COLLECTION DEVELOPMENT GUIDE |
114 Law Library Journal 285 (2022) |
An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American--related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on... |
2022 |
| Prashasti Bhatnagar |
BORDERS ARE THE REAL CRISIS: A PUBLIC HEALTH PERSPECTIVE ON THE NEED FOR DISMANTLING IMAGINED BORDERS |
36 Georgetown Immigration Law Journal 847 (Winter, 2022) |
The United States follows a typical script when it comes to addressing unauthorized migration. Pictures of migrants at the border are featured on the front page of every newspaper, intentionally amplifying the violence and hardships faced by migrants. Some use these pictures to villainize the migrants, justifying the violence against them. Others... |
2022 |
| Brittany Farr |
BREACH BY VIOLENCE: THE FORGOTTEN HISTORY OF SHARECROPPER LITIGATION IN THE POST-SLAVERY SOUTH |
69 UCLA Law Review 674 (May, 2022) |
This Article uses private law as a lens and a guide to excavate an unfamiliar story about labor and racial violence in the post-slavery south. It is the story of farmers like Colonel Bishop, whose landlord attacked him in the middle of the night in an effort to coerce him into breaching his contract. Violent breaches of contract such as these were... |
2022 |
| Mary Lindsay Krebs |
CAN'T REALLY TEACH: CRT BANS IMPOSE UPON TEACHERS' FIRST AMENDMENT PEDAGOGICAL RIGHTS |
75 Vanderbilt Law Review 1925 (November, 2022) |
The jurisprudence governing K-12 teachers' speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12... |
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 |
| Alexandra Chen |
CHEMICAL WEAPONS AND THEIR UNFORESEEN IMPACT ON HEALTH AND THE ENVIRONMENT |
12 Seattle Journal of Technology, Environmental & Innovation Law 1 (January, 2022) |
Following the murder of George Floyd, the United States became embroiled in growing awareness about systemic racism in its criminal justice system. Citizens across the country took over streets to protest police brutality against people of color. They were met not with governmental understanding and condemnation of the policies that led to Mr.... |
2022 |
| Jonathan P. Feingold |
CIVIL RIGHTS CATCH-22S |
43 Cardozo Law Review 1855 (June, 2022) |
Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground... |
2022 |
| Courtney K. Cross |
COERCIVE CONTROL AND THE LIMITS OF CRIMINAL LAW |
56 U.C. Davis Law Review 195 (November, 2022) |
Domestic violence does not always include physical violence. While abusive relationships may be punctuated with physical violence, it is the dynamic of control that constitutes the crux of the abuse. This dynamic is characterized by behaviors designed to dominate, degrade, and discipline, including emotional and financial abuse, isolation,... |
2022 |
| Trey A. Duran |
COLLEGE CAMPUS POLICE ABOLITION |
31-SPG Kansas Journal of Law & Public Policy 327 (Spring, 2022) |
There is a surprising lack of discussion about college campus police abolition in legal scholarship. Only within the last decade has legal scholarship begun to seriously discuss the movement to abolish prisons and police. This Article argues that college campus police abolitionists should gradually shift resources to social services and community... |
2022 |
| Osagie K. Obasogie , Zachary Newman |
COLORBLIND CONSTITUTIONAL TORTS |
95 Southern California Law Review 1137 (June, 2022) |
Much of the recent conversation regarding law and police accountability has focused on eliminating or limiting qualified immunity as a defense for officers facing § 1983 lawsuits for using excessive force. Developed during Reconstruction as a way to protect formerly enslaved persons from new forms of racial terror, 42 U.S.C. § 1983 allows private... |
2022 |
| Maurice R. Dyson |
COMBATTING AI'S PROTECTIONISM & TOTALITARIAN-CODED HYPNOSIS: THE CASE FOR AI REPARATIONS & ANTITRUST REMEDIES IN THE ECOLOGY OF COLLECTIVE SELF-DETERMINATION |
75 SMU Law Review 625 (Summer, 2022) |
There is a real world with real structure. The program of mind has been trained on the vast interaction with this world and so contains code that reflects the structure of the world and knows how to exploit it. Artificial Intelligence's (AI) global race for comparative advantage has the world spinning, while leaving people of color and the poor... |
2022 |
| Marissa Jackson Sow |
COMMENTS ON 'WHITENESS AS CONTRACT' |
35 Journal of Civil Rights & Economic Development 303 (Spring, 2022) |
Next, we will have Professor Jackson Sow present her paper which is forthcoming in Washington and Lee Law Review Whiteness as Contract. Also, I want to point out that she has recently put online to be reviewed in a forthcoming publication her article (Re)Building the Master's House: Dismantling America's Colonial Politics of Extraction and... |
2022 |
| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
| Joseph Blocher, Noah Levine |
CONSTITUTIONAL GUN LITIGATION BEYOND THE SECOND AMENDMENT |
77 New York University Annual Survey of American Law 175 (2022) |
Litigation, scholarship, and commentary about gun rights and regulation tend to focus nearly exclusively on the Second Amendment's right to keep and bear arms--a constitutional guarantee that was for all intents and purposes legally inert until the Supreme Court's decision in District of Columbia v. Heller. In the twelve years since Heller, the... |
2022 |
| |
CONSTITUTIONAL LAW--FOURTH AMENDMENT--FOURTH CIRCUIT HOLDS WARRANTLESS ACCESS OF AERIAL SURVEILLANCE DATA UNCONSTITUTIONAL.--LEADERS OF A BEAUTIFUL STRUGGLE v. BALTIMORE POLICE DEPARTMENT, 2 F.4TH 330 (4TH CIR. 2021) |
135 Harvard Law Review 920 (January, 2022) |
The Fourth Amendment safeguards [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. In Carpenter v. United States, the Supreme Court held that the ability to build a comprehensive chronicle of a person's movements over an extended period of time using cell phone... |
2022 |
| Jordan Blair Woods |
CONVENTIONAL TRAFFIC POLICING IN THE AGE OF AUTOMATED DRIVING |
100 North Carolina Law Review 327 (January, 2022) |
This Article offers a detailed portrait of the potentially negative systemic effects of the growth of autonomous vehicles on racial and economic justice in traffic enforcement and policing involving conventional, human-controlled vehicles. Its contributions are both descriptive and normative. Descriptively, this Article draws on multiple sources... |
2022 |
| Evelyn Aswad, David Kaye |
CONVERGENCE & CONFLICT: REFLECTIONS ON GLOBAL AND REGIONAL HUMAN RIGHTS STANDARDS ON HATE SPEECH |
20 Northwestern Journal of Human Rights 165 (7/7/2022) |
ABSTRACT--What is hate speech under international human rights law? And how do key international adjudicators interpret the law governing it? This Article seeks to illuminate two countervailing and under-reported trends: on the one hand, a growing consensus among U.N. experts and treaty bodies concerning interpretations of hate speech... |
2022 |
| Ernest K. Chavez, Department of Criminology, Law and Society, University of California, Irvine, California, USA |
CONVICTION: THE MAKING AND UNMAKING OF THE VIOLENT BRAIN. BY OLIVER ROLLINS. STANFORD: STANFORD UNIVERSITY PRESS, 2021. 248 PP. $25.00 PAPERBACK |
56 Law and Society Review 318 (June, 2022) |
Oliver Rollins' Conviction offers a careful analysis of the neuroscience of violence, or what he calls the violent brain model. The book's argument is twofold. On the one hand, much of neuroscience's engagement with abnormal brain function is fundamentally motivated by a desire to identify criminal propensity and the future risk for violent... |
2022 |
| Tom C.W. Lin |
CORPORATE SOCIAL ACTIVISM AND THE NEW BUSINESS OF CHANGE |
68 Practical Lawyer 7 (8/1/2022) |
Businesses and business executives are at the frontlines of some of the most important and contentious issues of our time, including the Russian invasion of Ukraine, voting rights, gun violence, racial justice, climate change, and gender equity. The days when activists focused on moral fights over social issues while businesses concentrated on the... |
2022 |
| Matthew Clair , Amanda Woog |
COURTS AND THE ABOLITION MOVEMENT |
110 California Law Review 1 (February, 2022) |
This Article theorizes and reimagines the place of courts in the contemporary struggle for the abolition of racialized punitive systems of legal control and exploitation. In the spring and summer of 2020, the killings of George Floyd, Breonna Taylor, and many other Black and Indigenous people sparked continuous protests against racist police... |
2022 |
| Anna Reed |
COVID: A SILVER LININGS PLAYBOOK |
37 Berkeley Journal of Gender, Law & Justice 221 (2022) |
For two centuries, reproductive health care has become increasingly medicalized --sometimes to the detriment of the health and well-being of people seeking reproductive health care. This article surveys positive shifts during the pandemic reversing the over-medicalization of contraception, fertility, birth, and abortion care. Specifically, it... |
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 |
| Edward L. Rubin, Malcolm M. Feeley |
CRIMINAL JUSTICE THROUGH MANAGEMENT: FROM POLICE, PROSECUTORS, COURTS, AND PRISONS TO A MODERN ADMINISTRATIVE AGENCY |
100 Oregon Law Review 261 (2022) |
Introduction. 262 I. How We Got Here. 272 II. Where We Are. 279 A. Detection: Police. 281 B. Disposition: Sheriffs, Prosecutors, and Judges. 284 C. Punishment: Prisons, Probation, and Parole. 292 III. What We Have Tried. 297 A. Constitutionalism. 299 B. Professionalism. 305 C. Rationalization. 309 IV. Where We Should Go. 313 A. Creating an Agency.... |
2022 |
| Benjamin Levin |
CRIMINAL LAW EXCEPTIONALISM |
108 Virginia Law Review 1381 (October, 2022) |
For over half a century, U.S. prison populations have ballooned, and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of anti-carceral commentary and social movement energy. Academics and activists have adopted a critical... |
2022 |
| The HLS Conference Organizers |
CRITICAL RACE THEORY: INSIDE AND BEYOND THE IVORY TOWER |
69 UCLA Law Review Discourse 118 (2022) |
The history of Critical Race Theory (CRT) is inextricably intertwined with the history of student activism on law school campuses. This activism was sparked in resistance to the dominant legal education system and with the goal of cultivating alternative spaces where law students could learn how to tackle and dismantle the seemingly permanent... |
2022 |
| Waruguru Gaitho |
CURING CORRECTIVE RAPE: SOCIO-LEGAL PERSPECTIVES ON SEXUAL VIOLENCE AGAINST BLACK LESBIANS IN SOUTH AFRICA |
28 William and Mary Journal of Race, Gender, and Social Justice 329 (Winter, 2022) |
Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to correct the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect... |
2022 |
| Rebecca Bratspies |
DECARCERATION WITH DECARBONIZATION: RENEWABLE RIKERS AND THE TRANSITION TO CLEAN POWER |
13 San Diego Journal of Climate & Energy Law 1 (2021-2022) |
C1-2Table of Contents I. Introduction. 2 II. The Scope of the Twin Problems. 5 A. The Climate Crisis. 5 B. The Mass Incarceration Crisis. 7 III. Responding to Climate Change: Decarbonization. 12 A. New York State Climate Leadership and Community Protection Act. 12 B. New York City Climate Mobilization Act. 17 IV. Renewable Rikers: Combining... |
2022 |
| Seema Tahir Saifee |
DECARCERATION'S INSIDE PARTNERS |
91 Fordham Law Review 53 (October, 2022) |
This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important--and sometimes extraordinary--strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies... |
2022 |
| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
| David Eichert |
DECOLONIZING THE CORPUS: A QUEER DECOLONIAL RE-EXAMINATION OF GENDER IN INTERNATIONAL LAW'S ORIGINS |
43 Michigan Journal of International Law 557 (2022) |
This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in... |
2022 |
| Abbe Smith |
DEFENDING GIDEON |
26 U.C. Davis Social Justice Law Review 235 (Summer, 2022) |
C1-2Table of Contents Introduction. 236 I. Paul Butler's Critique of Gideon. 239 II. Individual Rights May Not Be Everything, but They Are Essential to Individual Dignity. 249 III. Rights Are for the Guilty as Well as the Innocent, an Understanding That Is Essential to Ending Mass Incarceration. 258 IV. Defenders Are Allies and Supporters of the... |
2022 |