AuthorTitleCitationSummaryYearKeywords in Title or Summary
Steven Arrigg Koh "CANCEL CULTURE" AND CRIMINAL JUSTICE 74 Hastings Law Journal 79 (December, 2022) This Article explores the relationship between two normative systems in modern society: cancel culture and criminal justice. It argues that cancel culture--a ubiquitous phenomenon in contemporary life--may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture's... 2022  
Abigail K. Coker "CLOSE THE SORES OF WAR": WHY GEORGIA NEEDS NEW LEGISLATION TO ADDRESS ITS CONFEDERATE MONUMENTS 38 Georgia State University Law Review 629 (Winter, 2022) Let us put the cannons of our eyes away forever. Our one and only Civil War is done. Let us tilt, rotate, strut on. If we, the living, do not give our future the same honor as the sacred dead--of then and now--we lose everything. -Nikky Finney Confederate monuments have been a point of contention in America for decades, but a series of events... 2022  
Thijs Jeursen, Utrecht University "COVER YOUR ASS": INDIVIDUAL ACCOUNTABILITY, VISUAL DOCUMENTATION, AND EVERYDAY POLICING IN MIAMI 45 PoLAR: Political and Legal Anthropology Review 186 (November, 2022) In the context of police violence and the proliferation of cameras, a growing body of anthropological scholarship has sought to understand the role of photography and its relationship to everyday policing. While scholarly attention has been given to how cameras can intensify a racialized visuality of crime and justify violent policing practices,... 2022  
Nga Do "IMMUTABLE" INCARCERATED BODIES & THE SOCIAL DEATH OF MINORITY IDENTITIES IN PRISON 31 Southern California Review of Law & Social Justice 321 (Spring, 2022) C1-2TABLE OF CONTENTS I. INTRODUCTION. 322 II. IMMUTABILITY. 326 A. Origins of Immutability. 326 B. Mutability of Race. 327 C. Immutability in Prison Cases. 329 III. THE COST OF RACIAL AND GENDER PERFORMANCE IN PRISON. 332 A. Necropolitics & Social Death. 332 B. Effects of Judicial Treatment of Racial and Gender Expression. 335 C. Prison Grooming... 2022  
The Honorable Denny Chin , Kathy Hirata Chin "KUNG FLU": A HISTORY OF HOSTILITY AND VIOLENCE AGAINST ASIAN AMERICANS 90 Fordham Law Review 1889 (April, 2022) Introduction. 1890 I. Background. 1892 II. Historic Hostility and Violence. 1896 A. Mob Violence. 1896 1. Los Angeles Massacre of 1871. 1897 2. Rock Springs Massacre of 1885. 1901 3. Hells Canyon Massacre of 1887. 1904 4. Watsonville Riots of 1930. 1905 B. Expulsions. 1907 1. Eureka, California--1885. 1908 2. Seattle, Washington Territory--1886.... 2022  
Maya Campbell "PERCEIVED TO BE DEVIANT": SOCIAL NORMS, SOCIAL CHANGE, AND NEW YORK STATE'S "WALKING WHILE TRANS" BAN 110 California Law Review 1065 (June, 2022) Section 240.37 of the New York State Penal Code, colloquially known as the Walking While Trans Ban, is an example of our nation's commitment to its identity--defining the boundaries between what is deviant and non-deviant, what is normative and nonnormative. This Note seeks to understand the intersection between criminalization, gender identity,... 2022  
Jade A. Craig "PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH 40 Mississippi College Law Review 5 (2022) The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... 2022  
Dr. Yohuru Williams "THE SPECIAL FAVORITE OF THE LAWS"? BLACK LIVES MATTER MOMENTS IN AMERICAN CONSTITUTIONAL AND LEGAL HISTORY 18 University of Saint Thomas Law Journal 171 (Spring, 2022) The law no longer knows white nor black, but simply men, and consequently, we are entitled to ride in public conveyances, hold office, sit on juries, and do everything else which we have in the past been prevented from doing solely on the ground of color. (Delegate to a convention of Alabama freedmen, 1867) On May 25, 2020, Minneapolis Police... 2022 Yes
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022 Yes
Sarah Beller 401--FORBIDDEN: AN EMPIRICAL STUDY OF FOREIGN INTELLIGENCE SURVEILLANCE ACT NOTICES, 1990--2020 13 Harvard National Security Journal 158 (2022) The Foreign Intelligence Surveillance Act (FISA) is one of the government's most powerful spying tools, but the public knows little about how the law is used and cannot hold the government accountable for privacy violations and overreach. FISA requires the government to give official notice to people it spied on before it uses surveillance... 2022  
Tom I. Romero, II A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST 2022 Utah Law Review 751 (2022) Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... 2022  
Doug Colbert, Colin Starger A BUTTERFLY IN COVID: STRUCTURAL RACISM AND BALTIMORE'S PRETRIAL LEGAL SYSTEM 82 Maryland Law Review 1 (2022) Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore's pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful... 2022  
Penelope Andrews A COMMISSION ON RECOGNITION AND RECONSTRUCTION FOR THE UNITED STATES: ILLUSORY OR INSPIRATIONAL? 66 New York Law School Law Review 359 (2021/2022) The United States remains a deeply divided society, with the fault line continuing to be that of race and racism. Of course, this is not new, as W. E. B. Du Bois famously noted more than a century ago that the problem of the color line would be the central issue of the United States in the twentieth century. And so it remains today. The statistics... 2022  
Erin C. Carroll A FREE PRESS WITHOUT DEMOCRACY 56 U.C. Davis Law Review 289 (November, 2022) C1-2Table of Contents Introduction. 289 I. The Economic Threat to the American Free Press. 293 A. What Economic Stress Has Wrought. 293 B. A Press Ripe for Autocratic Takeover. 297 II. The Political Threat & Its Impact on the Global Press. 301 A. The Traditional Autocratic Playbook. 305 B. The Updated Autocratic Playbook. 310 III. The Political... 2022  
Thalia González , Alexis Etow , Cesar De La Vega A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING 71 American University Law Review 1927 (June, 2022) Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... 2022 Yes
Anita Sinha A LINEAGE OF FAMILY SEPARATION 87 Brooklyn Law Review 445 (Winter, 2022) History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... 2022  
Gabriella Argueta-Cevallos A PROSECUTOR WITH A SMOKING GUN: EXAMINING THE WEAPONIZATION OF RACE, PSYCHOPATHY, AND ASPD LABELS IN CAPITAL CASES 53 Columbia Human Rights Law Review 624 (Spring, 2022) Prosecutors play a central role both in weaponizing personality disorder labels in capital cases and in oppressing Black, Indigenous, and People of Color (BIPOC) within the criminal legal system. This is especially true for antisocial and psychopathic personality disorder labels. Because there are common mechanisms underlying both processes, it... 2022  
Jocelyn Hassel A REBUTTAL TO "ARRÉGLATE ESE PAJÓN": REFLECTIONS ON NATURAL HAIR MOVEMENTS, THE CROWN ACT, AND #BETRAYLATINIDAD 38 Chicana/o-Latina/o Law Review 163 (2022) C1-2Table of Contents Introduction. 164 I. Legacies of Hair Discrimination in the United States. 174 A. Winning Hearts, Minds, and Hair: The Legal Struggle for Combatting Hair Discrimination. 175 II. The CROWN Act. 180 III. Reflections on Generational Memory-Dominican Racial Consciousness and Diasporic Dialectics. 183 A. A Brief Introduction to... 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
Melissa Murray ABORTION, STERILIZATION, AND THE UNIVERSE OF REPRODUCTIVE RIGHTS 63 William and Mary Law Review 1599 (April, 2022) In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities.... 2022  
Robyn M. Powell ACHIEVING JUSTICE FOR DISABLED PARENTS AND THEIR CHILDREN: AN ABOLITIONIST APPROACH 33 Yale Journal of Law & Feminism 37 (2022) Abstract: The social uprisings following the police killings of Breonna Taylor, George Floyd, and many other people of color elevated the concept of abolition to the forefront of people's consciousness. Concurrently, there is a burgeoning body of legal scholarship calling for the abolition of the carceral regime. Some scholars also recognize that... 2022  
Laura Lane-Steele ADJUDICATING IDENTITY 9 Texas A&M Law Review 267 (Winter, 2022) Legal actors examine identity claims with varying degrees of intensity. For instance, to be considered female for the U.S. Census, self-identification alone is sufficient, and no additional evidence is necessary. To change a sex marker on a birth certificate to female, however, self-identification is not enough; some states require people to... 2022  
Ashley Albert , Amy Mulzer ADOPTION CANNOT BE REFORMED 12 Columbia Journal of Race and Law 1 (July, 2022) I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... 2022  
Caitlin Ramiro AFTER ATLANTA: REVISITING THE LEGAL SYSTEM'S DEADLY STEREOTYPES OF ASIAN AMERICAN WOMEN 29 Asian American Law Journal 90 (2022) Introduction. 91 I. Stereotypes of Asian American women. 93 A. General Stereotypes of All Asians: The Model Minority and Yellow Peril. 93 B. Sexualized Stereotypes of Asian American Women. 94 1. Lotus Blossom. 95 2. Dragon Lady. 96 a. Popular Cultural Depictions of Dragon Ladies. 96 b. 22 Lewd Chinese Women/Chy Lung v. Freeman. 97 c. Tokyo Rose and... 2022  
Zoe Masters AFTER DENIAL: IMAGINING WITH EDUCATION JUSTICE MOVEMENTS 25 University of Pennsylvania Journal of Law and Social Change 219 (2022) Abstract. In many U.S. states, Republican lawmakers are working to restrict how children can learn about racism. This article puts these efforts in context as part of a larger phenomenon of denial, which is integral to the social construction and maintenance of white supremacy. Denial has long been embedded in the constitutional framework that all... 2022 Yes
Francisco Valdes , Steven W. Bender, Jennifer J. Hill AFTERWORD: LATCRIT AT TWENTY-FIVE AND BEYOND--ORGANIZED ACADEMIC ACTIVISM AND THE LONG HAUL: DESIGNING "HYBRIDIZED" ADVOCACY PROJECTS FOR AN AGE OF GLOBAL DISRUPTION, SYSTEMIC INJUSTICE, AND BOTTOM-UP PROGRESS 99 Denver Law Review 773 (Summer, 2022) On the monumental occasion of the twenty-fifth anniversary celebration of LatCrit (Latina and Latino Critical Legal Theory, Inc.) as a still thriving and persevering community of critical scholars and activists, this Article offers some reflections on where we have been, where we are now, and where we might go next together as academics and... 2022  
Julia Steggerda-Corey ALTERING THE LEGAL ADOPTION FRAMEWORK TO SERVE HISTORICALLY-UNDERSERVED TRANSRACIAL ADOPTEES 54 Texas Tech Law Review 537 (Spring, 2022) I. Introduction. 537 II. Overview of Transracial Adoption in the United States. 540 A. Adoption Generally. 540 B. Transracial Adoption: Legal History. 543 C. Transracial Adoption: Failing to Protect Transracial Adoptees. 546 1. Lack of Diversity. 547 2. Struggles with Racial and Cultural Identity. 548 3. Lack of Connection to Birth Culture. 549 4.... 2022  
Kerri M. Gefeke AMERICA TO ME--A PUBLIC NUISANCE REPARATIONS FRAMEWORK THROUGH THE LENS OF THE TULSA MASSACRE 55 UIC Law Review 681 (Winter 2022) I. Introduction. 682 II. Background. 686 A. What are Reparations?. 686 B. Types of Reparations Provided by the United States in the Past. 687 1. The Rhetoric of Race and Understanding United States History. 687 2. Reparations to the Sioux Nation. 688 3. Reparations to Japanese-Americans Internment Survivors. 689 4. Reparations for the Tuskegee... 2022  
Anya Kreider AMERICA: THE WORLD'S POLICE--HOW THE DEFUND THE POLICE MOVEMENT FRAMES AN ANALYSIS FOR DEFUNDING THE MILITARY 24 Scholar: St. Mary's Law Review on Race and Social Justice 153 (2022) Introduction. 154 I. Background. 155 II. The Entanglement of Police and Military. 157 III. Tenets of the Defund the Police Movement. 160 IV. Tenets of Defund the Police Applied to the U.S. Military. 168 Conclusion. 177 2022  
Gabriela Vasquez AMERICAN EXCLUSION DOCTRINE: A RESPONSE TO LIBERAL DEFENSES OF STARE DECISIS 28 National Black Law Journal 1 (2022) Stare decisis has long been considered a conservative doctrine. Yet, in recent years, liberals have taken up a defense of the legal principle in efforts to preserve key liberal precedents. Despite the existing critiques of stare decisis as oppressive, political, and inconsistent, advocates along the entire political spectrum continue to claim its... 2022  
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