| Author | Title | Citation | Summary | Year | Keywords in Title or Summary |
| Emerson Sykes |
"FREE SPEECH, ACADEMIC FREEDOM, AND RACIAL JUSTICE ON CAMPUS: AN ACLU LAWYER'S PERSPECTIVE" |
20 Hastings Race and Poverty Law Journal 3 (Winter, 2023) |
Emerson is a senior staff attorney with the ACLU Speech, Privacy, and Technology Project where he focuses on First Amendment speech protections. From 2019-2020, he was host of At Liberty, the ACLU's weekly podcast. Emerson holds a J.D. from the New York University School of Law, where he was a Root-Tilden-Kern scholar for public interest law, and a... |
2023 |
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| Jeffrey Prystowsky |
"HITS & WRITS, TAKE TWO": REVISING THE LAWS OF DE MINIMIS MUSIC SAMPLING |
28 Roger Williams University Law Review 53 (Winter, 2023) |
Biz Markie released All Samples Cleared after losing a suit in the early 1990s over a sample that was not cleared. Have you ever noticed that, in re-recording her catalog, Taylor Swift did not use the snare beat from her original recordings, say, from Red? And why is Danger Mouse's The Grey Album not on Spotify? Is sampled music being censored?... |
2023 |
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| Patricia A. Broussard , Joi Cardwell |
"HOW DARE YOU VOTE!" THE ENACTMENT OF RACIST AND UNDEMOCRATIC VOTING LAWS TO PRESERVE WHITE SUPREMACY, MAINTAIN THE STATUS QUO, AND PREVENT THE RISE OF THE BLACK VOTE-- SAYING THE QUIET PARTS OUT LOUD |
14 University of Miami Race & Social Justice Law Review 1 (Fall, 2023) |
Historically the United States has proudly described itself as a melting pot, declaring, Give me your tired, your poor, your huddled masses yearning to breathe free. However, if the truth is told, the United States of America has never been a melting pot. In a melting pot, the ingredients each contribute something to the pot that equalizes them... |
2023 |
Yes |
| Rose M. Brewer, Ph.D. |
"HOW DOES A CITY RADICALLY CHANGE?" |
38 Ohio State Journal on Dispute Resolution 423 (2023) |
I. Introduction to Racecraft and the Truth and Reconciliation Working Group--Minneapolis, MinnesotaA A. Conceptual and Historical Underpinnings II. Constituting the Truth and Reconciliation Working Group III. Racecraft in Minneapolis and the State of Minnesota IV. Who Gets to Tell the Story? V. Racecraft in Minnesota: Historical Context and... |
2023 |
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| Katheryn Russell-Brown |
"THE STOP WOKE ACT": HB 7, RACE, AND FLORIDA'S 21ST CENTURY ANTI-LITERACY CAMPAIGN |
47 New York University Review of Law and Social Change 338 (2023) |
Florida's Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7. With a particular focus on the law school... |
2023 |
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| Kathryn Schumaker , Department of History, University of Oklahoma, Norman, OK, USA, Email: schumaker@ou.edu |
"UNLAWFUL INTIMACY": MIXED-RACE FAMILIES, MISCEGENATION LAW, AND THE LEGAL CULTURE OF PROGRESSIVE ERA MISSISSIPPI |
41 Law and History Review 773 (November, 2023) |
This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys... |
2023 |
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| Elizabeth Butterworth |
"WHAT IF YOU'RE DISABLED AND UNDOCUMENTED?": REFLECTIONS ON INTERSECTIONALITY, DISABILITY JUSTICE, AND REPRESENTING UNDOCUMENTED AND DISABLED LATINX CLIENTS |
26 CUNY Law Review 139 (Summer, 2023) |
I. Introduction. 140 II. From Disability Rights to Disability Justice. 145 III. An Ableist and Disabling Immigration System. 149 A. Exclusionary Immigration Laws and the Public Charge Rule. 150 B. The Disabling Impact of Migrating to and Living Undocumented in the United States. 155 IV. The Need for Services and Barriers to Access. 157 V. From... |
2023 |
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| Taylor Nicolas |
"WHO WAS YOUR GRANDFATHER ON YOUR MOTHER'S SIDE?" SEDUCTION, RACE, AND GENDER IN 1932 VIRGINIA |
34 Yale Journal of Law & the Humanities 364 (2023) |
Was Dorothy Short Black? And, more importantly, did she know it? These questions, odd-sounding and perhaps unsettling to the contemporary reader, were the ones raised by Leonard Harry Wood in the hopes of avoiding incarceration for the crime of seduction. This Article looks closely at the story of Dorothy Short and Leonard Wood, their relationship,... |
2023 |
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| Jenny-Brooke Condon |
#METOO IN PRISON |
98 Washington Law Review 363 (June, 2023) |
Abstract: For American women and nonbinary people held in women's prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women's prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape... |
2023 |
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| Michael Z. Green |
(A)WOKE WORKPLACES |
2023 Wisconsin Law Review 811 (2023) |
With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination,... |
2023 |
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| David Schraub |
(THE LIMITS OF) JUDICIAL RESEGREGATION |
58 Harvard Civil Rights-Civil Liberties Law Review 311 (Winter, 2023) |
The past several decades have seen courts sharply turn against race-conscious integration measures. Doctrinally, this hostility has emerged through the ideology of color-blindness, which posits that--to the greatest extent possible--law should pay no heed to racial categories. Under this view, race-conscious efforts to integrate schools are morally... |
2023 |
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| Monika Batra Kashyap |
A CRITICAL RACE FEMINISM CRITIQUE OF IMMIGRATION LAWS THAT EXCLUDE SEX WORKERS: MOVING FROM THEORY TO PRAXIS |
38 Berkeley Journal of Gender, Law & Justice 52 (2023) |
This Article is the first to apply a critical race feminism (CRF) critique to the current immigration law in the United States, Immigration and Nationality Act (INA) § 212(a)(2)(D)(i), which excludes immigrants for engaging in sex work. This Article will use critical historical methodology to center the role of women of color as the primary targets... |
2023 |
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| Edward Shore |
A DREAM DEFERRED: THE EMERGENCE AND FITFUL ENFORCEMENT OF THE QUILOMBO LAW IN BRAZIL |
101 Texas Law Review 707 (February, 2023) |
In 1988, Brazil ratified Article 68, a constitutional provision that recognizes the collective property rights of quilombolas, who are the descendants of formerly enslaved Africans, many of whom had escaped slavery. Article 68 ushered a dramatic transformation in the racial politics of Brazil, one of the most unequal societies in the world.... |
2023 |
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| James A. Gross |
A NEW DEAL FOR A RIGHT TO WORK: CONFRONTING RACISM AND INEQUALITY IN THE U.S. |
25 Scholar: St. Mary's Law Review on Race and Social Justice 245 (2023) |
Introduction. 246 I. A Right to Work in the United States. 254 A. From Slavery to New Deal. 256 B. The National Resources Planning Board. 258 C. FDR's Economic Bill of Rights and the 1945 Full Employment Bill. 260 II. Race and Work. 262 A. Fair Employment Practices Committee. 262 B. Brown v. Board of Education: Civil Not Economic Rights. 265 C.... |
2023 |
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| Mitchell F. Crusto |
A PLEA FOR AFFIRMATIVE ACTION |
136 Harvard Law Review Forum 205 (January, 2023) |
Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization. During the Supreme Court's 2022 October Term, the Court heard constitutional arguments against the use of race in admissions programs at two prestigious universities: one private, Harvard University, and one public, the... |
2023 |
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| Amy Anderson |
A PLEASURE TO BURN: HOW FIRST AMENDMENT JURISPRUDENCE ON BOOK BANNING BOLSTERS WHITE SUPREMACY |
49 Mitchell Hamline Law Review 1 (February, 2023) |
I. Introduction. 2 II. The Parameters of Students' Freedom of Speech in Public Schools. 3 III. Can They Ban a Book From the School Library?: The PICO Case. 5 A. Facts. 5 B. The Plurality Opinion. 7 IV. The Malleability of the PICO Standard. 10 A. A Racial Disparity in Determining Educational Suitability. 14 B. The Racial Undertones of... |
2023 |
Yes |
| Fareed Nassor Hayat |
ABOLISH GANG STATUTES WITH THE POWER OF THE THIRTEENTH AMENDMENT: REPARATIONS FOR THE PEOPLE |
70 UCLA Law Review 1120 (November, 2023) |
The abolitionist movement seeks to fundamentally dismantle the prison industrial complex. Modern abolitionists recognize that mass incarceration of Black and Brown people is twenty-first century slavery. True abolition, they note, cannot be realized by merely tinkering with the carceral state. Instead, the complete elimination of modern-day badges... |
2023 |
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| Lolita Buckner Inniss |
ABORTION LAW AS PROTECTION NARRATIVE |
101 Oregon Law Review 213 (2023) |
Introduction. 214 I. Historic Abortion Laws and the Shifting Protective Narratives at Their Foundation. 223 II. Fact in the Form of Fiction: Official and Unofficial Legal Cultures and Transmission of Protection Narratives. 228 A. Official and Unofficial Legal Cultures. 229 B. Narrative Analysis of Law. 234 III. The Trial of Ammi Rogers as Seduction... |
2023 |
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| Teri A. McMurtry-Chubb |
ALL OF US OVERSEERS: RACE UNEQUALS IN THE LEGAL ACADEMY |
56 Creighton Law Review 211 (March, 2023) |
I. INTRODUCTION. 211 II. THE LAW SCHOOLS THE PLANTERS MADE. 212 III. A DESIGN FOR MASTERY. 216 IV. THIS HALF ALMOST NEVER GETS TO TELL. 219 V. CONCLUSION. 221 |
2023 |
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| Marcus Arvan, University of Tampa, marvan@ut.edu |
ALLIES against OPPRESSION |
26 Journal of Ethics & Social Philosophy 221 (December, 2023) |
Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). On the one hand, many feminists and critical race theorists criticize liberalism for inadequately addressing oppression. On the other, some contend that feminism and CRT conflict with liberal commitments to objectivity, fallibility, and pluralism. In response,... |
2023 |
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| Brandon Hasbrouck |
ALLOW ME TO TRANSFORM: A BLACK GUY'S GUIDE TO A NEW CONSTITUTION |
121 Michigan Law Review 883 (April, 2023) |
Allow Me to Retort: a Black Guy's Guide to the Constitution. By Elie Mystal. New York: The New Press. 2022. Pp. 270. Cloth, $25.10; paper, $17.66. What happens to a dream deferred? --Langston Hughes Constitutional law seeps into our daily lives in America. Whether it's a state legislature taking another shot at undermining civil rights or a police... |
2023 |
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| Jonathan P. Feingold |
AMBIVALENT ADVOCATES: WHY ELITE UNIVERSITIES COMPROMISED THE CASE FOR AFFIRMATIVE ACTION |
58 Harvard Civil Rights-Civil Liberties Law Review 143 (Winter, 2023) |
The end of affirmative action. The headline is coming. When it arrives, scholars will explain that a controversial set of policies could not withstand unfriendly doctrine and less friendly Justices. This story is not wrong. But it is incomplete. This account masks an underappreciated source of affirmative action's enduring instability: elite... |
2023 |
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| Nancy Kartos |
AMERICA IS WATCHING, BUT ARE THEY LISTENING? |
40 Cardozo Arts and Entertainment Law Journal 859 (2023) |
INTRODUCTION. 859 I. A History of Violence Against Black People. 862 A. Slavery Through the Reconstruction Era. 862 B. The Civil Rights Movement and Beyond. 866 II. Social Media as A Political Machine and Its Effects on Civilians. 870 A. The Rise of Social Media as a Political Tool. 870 B. Social Media's Effect on How We Access and Consume... |
2023 |
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| Matthew W. Finkin |
AN ACCOUNT OF THE DELIBERATIONS OF THE FACULTY COMMITTEE ON ACADEMIC FREEDOM AND UNACCEPTABLE SPEECH, MICHAEL BÉRUBÉ AND JENNIFER RUTH, IT'S NOT FREE SPEECH: RACE, DEMOCRACY, AND THE FUTURE OF ACADEMIC FREEDOM BALTIMORE: JOHNS HOPKINS UNIVERSITY PRESS, 20 |
51 Hofstra Law Review 477 (Spring, 2023) |
I. The Committee's Provenance and Charge. 477 II. The Report of the Subcommittee. 481 III. The Committee's Deliberations. 487 Draft No. 1. 487 Draft No. 2. 491 Draft No. 3. 493 Draft No. 4. 495 Final Draft. 501 V. Postscript. 502 |
2023 |
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| Febi R. Ramadhan , Department of Anthropology, Northwestern University, Evanston, Illinois, USA |
AN ONTOLOGICAL STRUGGLE: ISLAMIC POLITICAL THEOLOGY AND THE CRIMINALIZATION OF SAME-SEX SEXUALITY IN INDONESIA |
46 PoLAR: Political and Legal Anthropology Review 160 (November, 2023) |
Fieldwork for this article was supported by the Wenner-Gren Foundation, the Indonesian Scholarship and Research Support Foundations, Sexualities Project at Northwestern, Lobban Award for Early Graduate Research at the Department of Anthropology at Northwestern University, Earle Dissertation Award, Society for the Scientific Study of Religion, and... |
2023 |
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| Aziz Rana |
ANTI-"CRT," A CENTURY OLD TRADITION |
58 Harvard Civil Rights-Civil Liberties Law Review 551 (Summer, 2023) |
In the aftermath of racial justice protests, the country has witnessed a wave of conservative anti-critical race theory (CRT) legislation. This essay argues that such legislation is best understood as the latest iteration of a long-standing reactionary political practice. This practice goes back a century to World War I and the 1920s. Then, as... |
2023 |
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| Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi |
ANTI-CARCERAL HUMAN RIGHTS ADVOCACY |
26 University of Pennsylvania Journal of Law and Social Change 173 (2023) |
Abstract. The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little... |
2023 |
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| Jeremiah Chin |
ANTIMATTERS: THE CURIOUS CASE OF CONFEDERATE MONUMENTS |
103 Boston University Law Review 311 (February, 2023) |
Confederate monuments sit at a crossroads of speech frameworks as contested government speech, as concrete edifices of hate speech, and as key protest sites. The interplay of state law and speech doctrines in states like Alabama and Florida has cemented monuments as physical representations of government speech that municipal governments cannot... |
2023 |
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| California Task Force |
APPENDIX |
60 San Diego Law Review 613 (August-September, 2023) |
In 1863, Abraham Lincoln signed the Emancipation Proclamation, and, in 1865, the 13th Amendment to the U.S. Constitution commanded that [n]either slavery nor involuntary servitude . shall exist within the United States. In supporting the passage of the 13th Amendment, its co-author Senator Lyman Trumbull of Illinois said that it is perhaps... |
2023 |
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| Shannon Dunn, Professor and Department Chair of Religious Studies, Gonzaga University, USA, dunns@gonzaga.edu |
APPROPRIATION, OPTING OUT, AND THE COMMON GOOD IN PUBLIC DEBATES: AN ANALYSIS OF CHRISTIAN ETHICAL ARGUMENTS |
38 Journal of Law and Religion 403 (September, 2023) |
This article examines anti-mask protests in the United States in the context of the COVID-19 pandemic. Specifically, I look at the cultural (mis)appropriation of slogans by anti-mask protestors, such as I can't breathe and My body, my choice. Noting that this is at first glance a bit of a puzzling phenomenon, I show that there is a relationship... |
2023 |
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| Daniel Stainkamp |
AUTO-JUBILEE: A CASE FOR MASSIVE AUTOMATIC DRIVER'S LICENSE RESTORATION FOR DEBTOR-SUSPENDEES |
102 North Carolina Law Review 231 (December, 2023) |
Over the last few decades, law has quietly eroded people's ability to drive. Specifically, the regime of debt-based license suspension in North Carolina has amounted to a license-for-payment system that is unfair and unjust. Its scope and impact create conditions like a modern-day debtors' prison. The law disproportionately deprives people of color... |
2023 |
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| Priya S. Gupta |
AUTOMATING RACIALIZATION IN INTERNATIONAL LAW |
117 AJIL Unbound 156 (2023) |
From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... |
2023 |
Yes |
| Berta Esperanza Hernández-Truyol |
AWAKENING THE LAW: KATE STONEMAN--AN AWAKENED WOMAN: BASED UPON ALBANY LAW SCHOOL'S KATE STONEMAN CELEBRATION SPEECH |
86 Albany Law Review 231 (2022-2023) |
Like all Stoneman award recipients, I am grateful to Kate Stoneman for paving the way to an awakened life in which seeking justice is a non-negotiable aspiration. I will explain the title of this Essay--Kate Stoneman, an Awakened Woman--in the next section. But before engaging Stoneman's exceptional life and contributions, I take the liberty to... |
2023 |
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| Barrett Emerick, Audrey Yap, St. Mary's College of Maryland, bmemerick@smcm.edu, University of Victoria, ayap@uvic.ca |
BETRAYED EXPECTATIONS |
24 Journal of Ethics & Social Philosophy 352 (April, 2023) |
After the 2016 presidential election in the United States it was common to encounter think pieces and hot takes from folks excusing rural, poor, white Americans for having voted for Donald Trump. Although his campaign was grounded in and employed racism and xenophobia, both overtly and covertly, apologists for those voters argued that their anger... |
2023 |
Yes |
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
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| Gabriel Jack Chin , Gregory Downs , Mary Louise Frampton , Beth Rose Middleton Manning , Beth Rose Middleton Manning, Charles Petersen, Charles Reichmann, Virginia Scharff, Stacey Smith, Hosts, Panelists |
BEYOND BLACK AND WHITE: TRANSCRIPT OF THE FREE PEOPLE OF COLOR SYMPOSIUM DISCUSSING CAMPUS APPROACHES TO RACE IN TWENTIETH CENTURY WEST COAST UNIVERSITIES AND A RACIAL JUSTICE AUDIT TEMPLATE FOR UNIVERSITIES |
27 U.C. Davis Social Justice Law Review 75 (Summer, 2023) |
C1-2Table of Contents Background from the Symposium Hosts. 76 Introduction by Dean Kevin Johnson. 80 Dr. Charles Petersen, Meritocracy and Exclusion at Stanford. 81 Questions for Dr. Charles Petersen. 84 Dr. Beth Rose Middleton Manning, Moments of Reckoning: Land Grab, Naming, and Community. 86 Questions for Dr. Beth Rose Middleton Manning. 90 Dr.... |
2023 |
Yes |
| James Thuo Gathii |
BEYOND COLOR-BLIND INTERNATIONAL ECONOMIC LAW |
117 AJIL Unbound 61 (2023) |
This essay makes three claims. First, that the central role of race in international economic law has been erased and much more needs to be done to recover its large footprints in the discipline as well as in the policies and practices that constitute it. Second, that rules of international economic law formally embed racially constructed... |
2023 |
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| Anna Kirkland, Women's and Gender Studies, University of Michigan, Ann Arbor, Michigan, USA; email: akirklan@umich.edu |
BEYOND LAW AS A TOOL OF PUBLIC HEALTH: VACCINES IN INTERDISCIPLINARY SOCIOLEGAL AND SCIENCE STUDIES |
19 Annual Review of Law and Social Science 179 (2023) |
vaccines, public health, sociolegal studies, ethnography, science and technology studies Research on vaccines in the law and social sciences skews heavily toward an instrumentalist approach to knowledge in service of vaccine promotion. Overcoming hesitancy and promoting vaccine acceptance have been major goals, but successful levers for behavioral... |
2023 |
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| Craig Green |
BEYOND STATES: A CONSTITUTIONAL HISTORY OF TERRITORY, STATEHOOD, AND NATION-BUILDING |
90 University of Chicago Law Review 813 (May, 2023) |
The United States has always been more than simply a group of united states. The constitutional history of national union and component states is linked to a third category: federal territory. This Article uses an integrated history of territory, statehood, and union to develop a new framework for analyzing constitutional statehood. Three... |
2023 |
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| Ayesha Bell Hardaway |
BLACK AND BLUE: THE INTRACTABLE PRESENCE OF RACE IN AMERICAN POLICING |
73 Case Western Reserve Law Review 607 (Spring, 2023) |
The Racial Reckoning of 2020 ignited a national conversation about the myriad structural flaws in our policing systems. This was not the first time. Modern America has experienced several waves of national discussions about policing. The first sustained wave began during the 1950s and ran through the 1960s, with Black activists and their allies... |
2023 |
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| Roy L. Brooks |
BLACK BOARDING ACADEMIES AS A PRUDENTIAL REPARATION: FINIS ORIGINE PENDET |
13 Columbia Journal of Race and Law 790 (May, 2023) |
The past is never dead. It's not even past. - William Falkner, Requiem for a Nun 85 (1951) With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (Black Reparations) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil... |
2023 |
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| BeKura W. Shabazz , Lisa Sangoi |
BLACK FEMINIST THOUGHT GROUNDS AND CENTERS US: A REFLECTION BY TWO ACTIVISTS AND LEGAL WORKERS |
34 Yale Journal of Law & Feminism 122 (2023) |
Working in and around the law for the past several years, we became acutely aware of--have felt in our bones--a certain paradox in the law: how legal resources and opportunities to shape the law are completely unavailable to the vast majority of people in the United States, and yet legal structures exert an enormous, tsunami-like force on those... |
2023 |
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| Chaz Arnett |
BLACK LIVES MONITORED |
69 UCLA Law Review 1384 (September, 2023) |
The police killing of George Floyd added fuel to the simmering flames of racial injustice in America following a string of similarly violent executions during a global pandemic that disproportionately ravaged the health and economic security of Black families and communities. The confluence of these painful realities exposed deep vulnerabilities... |
2023 |
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| Sean Beienburg, Benjamin B. Johnson |
BLACK POPULAR CONSTITUTIONALISM AND FEDERALISM AFTER THE CIVIL RIGHTS CASES |
65 Arizona Law Review 579 (Fall, 2023) |
In the widely criticized Civil Rights Cases (1883), the Supreme Court invoked federalism to overturn a national public accommodation law and spawned more than a century of commentary. Observing history through the lens of the Civil Rights Era, modern readers often assume that the federalism commitments in the Civil Rights Cases were thinly veiled... |
2023 |
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| Charelle Lett |
BLACK WOMEN VICTIMS OF POLICE BRUTALITY AND THE SILENCING OF THEIR STORIES |
30 UCLA Journal of Gender & Law 131 (Summer, 2023) |
C1-2Table of Contents Introduction. 132 I. Brief History of State Sanctioned Violence Against Black People in the United States. 132 A. Slave Patrols as the Foundation of Modern Policing. 132 B. The Lynching Period and Law Enforcement's Involvement. 134 C. Historical Account of the Criminalization of Black Activism. 136 1. Second Red Scare. 136 2.... |
2023 |
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| Ernesto Hernández-López |
BORDER BRUTALISM |
46 Fordham International Law Journal 213 (January, 2023) |
Concepts like freedom and liberty motivate Americans on the global stage. This has racial implications past and present. Exploring these arguments, this Essay: (1) reviews Greg Grandin's The End of the Myth: From the Frontier to the Border Wall in the Mind of America and (2) proposes a framework to identify law's place in these motivations. The End... |
2023 |
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| Sidney E. Holler |
BRAIDS, LOCS, AND BOSTOCK: TITLE VII'S ELUSIVE PROTECTIONS FOR LGBTQ+ AND BLACK WOMEN EMPLOYEES |
26 Journal of Gender, Race and Justice 223 (Winter, 2023) |
Whiteness and patriarchy frame our understanding of what it means to be and look professional. Workplace grooming and dress standards, inherently rooted in gender and racial stereotypes, often result in policies that place Black women employees at a unique disadvantage, particularly when it comes to hair. Black women who do not conform to... |
2023 |
Yes |
| Morgan Zamora |
CAPITAL PUNISHMENT FOR LATINE POPULATIONS |
20 Hastings Race and Poverty Law Journal 19 (Winter, 2023) |
Morgan holds a J.D. from UC Hastings Law, where she was a member of the Latinx Law Students Association and Hastings Public Interest Law Foundation. She earned her undergraduate degree in Social Work and minor in Ethnic Studies from the University of Nevada, Reno. C1-2Table of Contents Introduction. 20 Function of the Future Dangerousness Question.... |
2023 |
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| Tianna N. Gibbs |
CENTERING FAMILY VIOLENCE IN FAMILY LAW AS RACIAL JUSTICE |
30 Virginia Journal of Social Policy and the Law 43 (Spring, 2023) |
Introduction. 44 I. Defining Family Violence to Advance Racial Justice. 47 A. The Meaning of Family. 47 B. The Meaning of Violence. 49 II. Consequences of Excluding Structure and Difference. 52 III. Centering Family Violence in Family Law to Advance Racial Justice. 55 Conclusion. 55 |
2023 |
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| Slam Dunkley |
CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM |
13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) |
Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... |
2023 |
Yes |