| Author | Title | Citation | Summary | Year | Keywords in Title or Summary |
| Brandon Hasbrouck |
1983 |
124 Columbia Law Review Forum 1 (1/29/2024) |
This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell's classic novel Nineteen Eighty-Four. Like Orwell's novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide... |
2024 |
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| Zamir Ben-Dan |
"HOLD YOUR (UN)SCHOLARLY TONGUE": DISMANTLING SIR RACISM'S 'ACADEMIC FREEDOM' SHIELD |
33 Southern California Review of Law & Social Justice 159 (Spring, 2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 160 II. THE ORIGINS AND PURPOSES OF ACADEMIC FREEDOM. 164 A. The 1915 Declarations of Principles on Academic Freedom and Academic Tenure. 164 B. Further AAUP Comments on Academic Freedom. 167 C. Academic Freedom vs. The First Amendment. 168 1. The Supreme Court's Treatment of Academic Freedom as It Relates to... |
2024 |
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| Joshua J. Schroeder |
"IMPROVE YOUR PRIVILEGES WHILE THEY STAY": A GUIDE TO IMPROVE THE PRIVILEGES OF U.S. CITIZENSHIP FOR EVERYBODY |
39 Touro Law Review 657 (2024) |
In 1767, the young Phillis Wheatley wrote from her position of slavery in the Wheatley home of Boston to ye sons of Science at Harvard College, telling them to [i]mprove your privileges while they stay. She beheld the startling privileges of learning and discovery bestowed upon an elite group of young, rich white men in Boston and celebrated... |
2024 |
Yes |
| Steffi Colao |
"LOATHSOME AND DANGEROUS": TIME TO REMOVE SYPHILIS AND GONORRHEA AS GROUNDS FOR INADMISSIBILITY |
71 UCLA Law Review 420 (April, 2024) |
In this Comment, I examine the ways the United States has managed its borders and population through health-based exclusions that often serve as a proxy for race-based exclusions. I look specifically at how two sexually-transmitted infections (STIs)--syphilis and gonorrhea--became and remain grounds for inadmissibility. Since 1891, certain... |
2024 |
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| Chrysanthi Leon , Graciela Perez , Jules Lowman , Lawson Schultz , Atieh Babakhani , Dylan Addison , Barbara White |
"THE MORE CONNECTION THE BETTER": BOUNDED RELATIONSHIPS AND UNEASY ALIGNMENTS IN PRISON EDUCATION |
27 Journal of Health Care Law and Policy 152 (2024) |
This Article examines Inside-Out pedagogy with qualitative data from an evaluation at a women's prison as a case study of uneasy alignments between opposing systems. The Article analyzes student data from pre and post course surveys and follow up interviews scheduled within the year after the course was completed. Hearing from people most impacted... |
2024 |
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| Zamir Ben-Dan |
"TODAY, THE CONSTITUTION PREVAILS": A HISTORY AND LEGACY OF CONSTITUTIONAL RACISM |
45 Cardozo Law Review 1653 (August, 2024) |
C1-2Table of Contents Introduction. 1654 I. Defining Coded Racism. 1659 II. Coded Racism and the Constitution. 1661 A. Coded Racism and the Text of the Constitution. 1662 B. Coded Racism and the Structure of the Constitution. 1665 C. Despite the Code, the Federal Branches Understood the Constitution to Sanction Chattel Slavery and Anti-Black Racial... |
2024 |
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| Lihi Yona , Tammy Harel Ben-Shahar |
"TRASHING" WHITENESS: RACE CONSCIOUSNESS AND THE FAILED PROMISE OF MERIT |
56 Arizona State Law Journal 1075 (Summer, 2024) |
This Article revisits the convention that equality demands race neutrality from one unexpected perspective: the experiences of poor white students from rural Appalachia, often derogatorily referred to as poor white trash (PWT). The recent Students for Fair Admissions v. Harvard case, where race-based admissions were struck down by the Supreme... |
2024 |
Yes |
| M. Broderick Johnson |
"TRYING TO SAVE THE WHITE MAN'S SOUL": PERPETUALLY CONVERGENT INTERESTS AND RACIAL SUBJUGATION |
133 Yale Law Journal 1335 (February, 2024) |
An assumption that dominates the discourse on race in the United States is that racial subjugation is only harmful to the subjugated. Many people take for granted that White people have nothing to gain from disrupting the existing racial hierarchy. Indeed, efforts to uplift people of color are typically viewed as coming at the expense of White... |
2024 |
Yes |
| Grace McGowan |
"WE'RE NOT GIVING THIS CHILD BACK TO LESBIANS": AN EXAMINATION OF LGBTQ+ PARENTS' LOSS OF CHILDREN TO THE FAMILY REGULATION SYSTEM |
44 Columbia Journal of Gender and Law 546 (Spring, 2024) |
People often associate LGBTQ+ parents with adoptive and foster parents. In their minds, LGBTQ+ parents are affluent, white, and male, and any interactions LGBTQ+ parents have with the family regulation system are one-sided: they are potential foster and adoptive parents for children who are already in state custody. But assumptions and facts... |
2024 |
Yes |
| Taylor Nicolas |
"WHO WAS YOUR GRANDFATHER ON YOUR MOTHER'S SIDE?" SEDUCTION, RACE, AND GENDER IN 1932 VIRGINIA |
35 Yale Journal of Law & the Humanities 851 (2024) |
Abstract: 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 prison for the crime of seduction. This Article examines the story of Dorothy Short and Leonard Wood, their relationship, and... |
2024 |
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| Lenese C. Herbert |
(CON)SCRIPTED: "CAUCASIAN RICH BRAIN" |
73 DePaul Law Review 847 (Spring, 2024) |
[E]ntertainment is not innocent.--James Baldwin They called them brilliant. Respecters of the sharp edges and reliable bubbler[s] of memorable language. Their writing, roundly regarded as a bracing and refreshing font of quips and barbs and total twists of the heart, was likened to the precision of an architect's plans. They crafted... |
2024 |
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| Lewis R. Gordon |
A BLACK EXISTENTIAL PERSPECTIVE ON AFROFUTURITY AND THE LAW |
112 Georgetown Law Journal 1409 (June, 2024) |
This Essay examines Africana Black existential conditions of Afrofuturity and some of the expectations they may pose for justifying the law. The discussion summarizes the Sankofic dimensions of this kind of thought and the challenges they address for the understanding and alleviation of problems imposed on humankind by the emergence of Euromodern... |
2024 |
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| Regina Umpstead Pratel, J.D., Ph.D. |
A CHILLY TIME IN SCHOOLS: STATE CONTENT RESTRICTION LAWS AND THE INTENT TO DISCRIMINATE |
429 West's Education Law Reporter 1 (12/19/2024) |
Social awareness and activism over racial discrimination in the United States have been on the rise. In 2013, the acquittal of George Zimmerman in Trayvon Martin's death served as a catalyst for the Black Lives Matter movement. In a matter of weeks, the movement shattered what remained of the notion of a post-racial America and reoriented the... |
2024 |
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| Caroline Mala Corbin |
A CRITICAL RACE THEORY ANALYSIS OF CRITICAL RACE THEORY BANS |
14 UC Irvine Law Review 57 (January, 2024) |
A majority of state legislatures have introduced bills prohibiting public schools from teaching certain divisive concepts attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white... |
2024 |
Yes |
| Nicole Sequeira Tashovski |
A CRITICAL RACE THEORY ANALYSIS: THE ROLE OF RACIALIZATION, THE WHITE RACIAL FRAME, AND INSTITUTIONAL POWER IN CALIFORNIA EUGENICS STERILIZATIONS |
21 UC Law Journal of Race and Economic Justice 157 (February, 2024) |
C1-2Table of Contents Introduction. 158 Part I: Background. 161 Skinner v. Oklahoma. 161 The Eugenics Movement. 162 Part II: Dominant Critical Race Theory Themes in the Eugenics Movement. 164 White Supremacy and Systemic Racism. 165 The Construction of Race and Racialization. 166 The White Racial Frame. 168 Institutional Control. 169 Control of... |
2024 |
Yes |
| Shauhin A. Talesh , Spencer L. Levitt |
A MILE WIDE BUT AN INCH DEEP: PERVASIVE RACISM IN INTERNATIONAL FOOTBALL, SYMBOLIC COMPLIANCE, AND A SUBSTANTIVE PATH FORWARD |
27 University of Pennsylvania Journal of Law and Social Change 131 (2024) |
Despite football (also known as soccer) being the most popular and diverse game in the world, racism and discrimination pervade the sport. Racism and discrimination continue notwithstanding widespread recognition of the problem and continuous reforms and regulations implemented by international and regional bodies. To our understanding, this is... |
2024 |
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| Joshua Braver , Gregory Elinson |
A PROGRESSIVE JUDICIARY? JUDICIAL REVIEW AND NATIONAL POLITICS FROM RECONSTRUCTION TO THE PRESENT |
66 Arizona Law Review 841 (Winter 2024) |
Within legal academia, the conventional historical narrative is that the Supreme Court has regularly interfered with legislative and executive efforts to protect minority rights and remedy economic inequality. Citing this reactionary tendency, an influential and vocal group of progressive legal scholars have argued that progressives ought to stop... |
2024 |
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| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
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| María Luz García , Sociology, Anthropology, and Criminology Department, Eastern Michigan University, Ypsilanti, Michigan, USA |
A SCANDALOUS PRESENCE IN THE COURTROOM: INDIGENOUS IMMIGRANT INTERPRETERS AND THE POLITICS OF LANGUAGE IDEOLOGIES IN US COURTS |
47 PoLAR: Political and Legal Anthropology Review 209 (November, 2024) |
This article analyzes how the experiences and observations of Indigenous people from Latin America who work as legal interpreters reveal the ways that the position of court interpreter is racialized. The meaning of the norms of the invisibility and neutrality of the interpreter and the role of the interpreter as erasing barriers become points... |
2024 |
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| Jessica Wolpaw Reyes , René Reyes |
ABOLITION ECONOMICS |
29 Michigan Journal of Race and Law 69 (Spring, 2024) |
Over the past several decades, Law & Economics has established itself as one of the most well-known branches of interdisciplinary legal scholarship. The tools of L&E have been applied to a wide range of legal issues and have even been brought to bear on Critical Race Theory in an attempt to address some of CRT's perceived shortcomings. This Article... |
2024 |
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| I. Bennett Capers |
AFROFUTURISM AND THE LAW: A MANIFESTO |
112 Georgetown Law Journal 1361 (June, 2024) |
C1-3Table of Contents L1-2Introduction . L31361 I. Imagine Other Suns. 1367 II. Make Those Suns Shine. 1371 III. Know What You're Fighting for. 1372 IV. Listen to Afrofuturist Griots. 1375 V. Listen to Other Griots. 1377 VI. Question Law. 1379 VII. Reject Manifestos. 1382 L1-2Conclusion . L31383 |
2024 |
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| Etienne C. Toussaint |
AFROFUTURISM AT WORK: CRITIQUE & PRAXIS |
112 Georgetown Law Journal 1491 (June, 2024) |
During the early months of the COVID-19 pandemic, so-called essential workers from minoritized racial and ethnic groups were disproportionately subjected to workplace indignities that resembled, in the words of Keeanga-Yamahtta Taylor, a modern Black plague. Some observers expressed faith in existing corporate governance regimes, noting that many... |
2024 |
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| Dheepa Sundaram |
AN ACADEMIC CONFERENCE, A BOMB THREAT, AND A TITLE VI COMPLAINT: U.S. HINDU NATIONALIST GROUPS' LITIGIOUS ASSAULT ON ACADEMIC FREEDOM |
16 Drexel Law Review 837 (2024) |
This Article outlines the rising threat to academic freedom from Hindutva (Hindu nationalist) organizations in the United States. The Article explores how the Hindu nationalist playbook in the United States works, the legal strategies they use to target scholars with whom they disagree, how they leverage social justice mechanisms for redress of... |
2024 |
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| Rabiat Akande |
AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW |
118 American Journal of International Law 1 (January, 2024) |
More than half a century after the UN's adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention's protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were... |
2024 |
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| Maroussia Lévesque |
ANALOG PRIVILEGE |
26 NYU Journal of Legislation and Public Policy 625 (2023-2024) |
This Article introduces analog privilege to describe how elites avoid artificial intelligence (AI) systems and benefit from special personalized treatment instead. In the register of tailor-made clothes and ordering off menu, analog privilege spares elites from ill-fitting, mass-produced AI products and services. Our ability to curate our... |
2024 |
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| Lili Levi |
ANTI-ANTISEMITISM NOW |
78 University of Miami Law Review 745 (Spring, 2024) |
On May 25, 2023, the Biden Administration released The U.S. National Strategy to Counter Antisemitism--America's first national strategy of this kind. In early November 2023, the White House announced the establishment of the first-ever U.S. National Strategy to Counter Islamophobia. These historic commitments respond to increases in identity-based... |
2024 |
Yes |
| Paul Gowder |
ANTI-LIBERAL RIGHTS RETRENCHMENT AS A THREAT TO THE RULE OF LAW |
73 Emory Law Journal 1173 (2024) |
The Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, overturning the half-century old constitutional right to reproductive choice, is only the most prominent example of a global series of attacks on rights of personal, sexual, and family autonomy. The attacks on LGBTQ+ rights by the Christian nationalist governments of... |
2024 |
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| Gregory Day |
ANTITRUST FOR IMMIGRANTS |
109 Cornell Law Review 911 (May, 2024) |
Immigrants and undocumented people have often encountered discrimination because they compete against native businesses and workers, resulting in protests, boycotts, and even violence intended to exclude immigrants from markets. Key to this story is government's ability to discriminate as well: it is indeed common for state and federal actors to... |
2024 |
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| Sara St. Juste |
ARE HEALTHY FOODS "WHITE PEOPLE FOOD": A LEGAL ANALYSIS OF DISPARITIES IN HEALTHY FOOD ACCESSIBILITY AND AFFORDABILITY AT GROCERY STORES AND RESTAURANTS IN LOW-INCOME NEIGHBORHOODS |
14 University of Miami Race & Social Justice Law Review 139 (Spring, 2024) |
INTRODUCTION. 141 I. The Origin. 143 a. Soul Food. 144 b. White People Food Rationality. 146 II. How Supermarkets and Restaurants Perpetuate a Lack of Healthy Food Options. 147 a. The Role Supermarkets and Grocery Stores Have on Healthy Food Options. 148 1. The Lack of Supermarkets in Low-Income Communities with Predominately Black and Hispanic... |
2024 |
Yes |
| Rob Kahn |
ARE HOLOCAUST DENIAL LAWS AND CRITICAL RACE THEORY BANS THE SAME? |
7 Cardozo International & Comparative Law Review 169 (Winter, 2024) |
Florida's education rules list Holocaust denial and critical race theory (CRT) as theories that distort the past. This is not a fair comparison. Holocaust denial laws and CRT bans are analytically distinguishable. Holocaust denial laws were originally intended to fight hate, and this is the only reason they might be legitimate today. By... |
2024 |
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| Alexis Hoag-Fordjour |
BACK TO THE FUTURE: (RE)CONSTRUCTING INEFFECTIVE ASSISTANCE OF COUNSEL |
58 U.C. Davis Law Review 111 (November, 2024) |
This Article explores a new way of determining ineffective assistance of counsel. Under existing law, a defendant must show that (1) counsel's performance was deficient, and (2) such deficiency resulted in prejudice. Although the right to counsel is a foundational guarantee in criminal proceedings, the ineffectiveness standard fails to adequately... |
2024 |
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| Alireza Nourani-Dargiri |
BAILING OUT THE PROTESTER |
14 Columbia Journal of Race and Law 977 (August, 2024) |
The United States cash bail system unconstitutionally hinders protest rights enshrined in the First Amendment. Protesting on controversial issues, while protected activity, often risks arrests and other interactions with police. Unfortunately, studies show that protesters of color are arrested at higher rates than white protesters. Cash bail, in... |
2024 |
Yes |
| Jasmine N. Cooper |
BATTLE OF THE LANDS: THE CREATION OF LAND GRANT INSTITUTIONS AND HBCUS--FOSTERING A STILL SEPARATE AND STILL UNEQUAL HIGHER EDUCATION SYSTEM |
30 Washington and Lee Journal of Civil Rights and Social Justice 247 (Spring, 2024) |
In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the best of the best. It is a cultural celebration that symbolizes friendly competition and showcases students' pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (HBCUs) have been battling... |
2024 |
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| Mariah Johnson |
BEYOND AN "AVERAGE AUDIENCE": CRITICAL RACE IP AS A JUSTIFICATION FOR DE MINIMIS MUSIC SAMPLES |
112 Georgetown Law Journal Online 1 (2024) |
In their song Talkin' All That Jazz, hip-hop group Stetsasonic issued the following response to those who think digital music sampling, or incorporating a section of a preexisting sound recording into a new song, is not an art form: A sample is a tactic A portion of my method, a tool In fact it's only of importance when I make it a priority And... |
2024 |
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| Julia Sturges |
BORDER (REPRODUCTIVE) CONTROL: UNCONSTITUTIONAL OUTCOMES FOR UNDOCUMENTED PEOPLE SEEKING ABORTION CARE |
26 Georgetown Journal of Gender and the Law 107 (Fall, 2024) |
It is no secret that restricted access to reproductive care, especially in the wake of Dobbs v. Jackson Women's Health, disproportionately impacts poor, non-white women and pregnant people. Among the most vulnerable are undocumented Latina/o individuals in the United States. Undocumented individuals who are or may become pregnant face a heightened... |
2024 |
Yes |
| Andrew Willinger |
BRUEN'S ENFORCEMENT PUZZLE: UNEARTHING AND ADJUDICATING THE HISTORICAL ENFORCEMENT RECORD IN SECOND AMENDMENT CASES |
99 Notre Dame Law Review 1425 (June, 2024) |
The Supreme Court's 2022 decision in New York State Rifle & Pistol Ass'n v. Bruen brings historical complexity to the fore by instituting a history-focused test for the Second Amendment that demands analogues from the Founding or Reconstruction eras to support modern gun regulations. The majority opinion in Bruen considers, in multiple places, how... |
2024 |
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| Charles F. Walker |
CAMPUS SPEAKERS AND COUNTERSPEECH: A FIRST AMENDMENT RATIONALE FOR CONTINUED STUDENT PROTESTS |
31 Virginia Journal of Social Policy and the Law 84 (Spring, 2024) |
Introduction. 86 I. The First Amendment and Protests Against Outside Speakers at Public Universities. 93 A. The Martinez Letter. 93 B. First Amendment Law Governing Protests Against Outside Speakers at Public Universities. 97 1. Counterspeech, Including Heckling, Is Protected Speech. 98 2. A Campus Speaker Event is a Limited Public Forum. 104 3.... |
2024 |
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| Tanya Katerí Hernández |
CAN CRT SAVE DEI?: WORKPLACE DIVERSITY, EQUITY & INCLUSION IN THE SHADOW OF ANTI-AFFIRMATIVE ACTION |
71 UCLA Law Review Discourse 282 (2024) |
Just four years after the nation's summer of 2020 protests--sparked by the murder of George Floyd--culminated in a racial reckoning in which many organizations across the country instituted racial equity measures and policies, legislators across the nation are enacting anti-Critical Race Theory (CRT) bans in a seeming backlash to this advocacy for... |
2024 |
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| Jessica Tilton |
CAN POLICING BE PURGED OF WHITE SUPREMACY? A FIRST AMENDMENT INQUIRY |
45 Mitchell Hamline Law Journal of Public Policy and Practice 179 (Spring, 2024) |
I. Introduction. 181 II. Banning White Supremacy in Law Enforcement is a Concrete and Necessary Step Towards Fix the Evergrowing Distrust in the Institution of Policing.. 186 A. Instances of white supremacist officers terrorizing their communities.. 189 III. The First Amendment Does Not Provide Absolute Protection for Speech from Public Employees..... |
2024 |
Yes |
| Joseph A. Custer |
CANCEL CULTURE AND CENSORSHIP EFFECTS BEFORE AND AFTER THE INTRODUCTION OF SOCIAL MEDIA |
102 University of Detroit Mercy Law Review 51 (Fall, 2024) |
Cancel culture is different from censorship, but since the advent of social media, both have seemed much more prevalent. Something called speech privilege, where certain ideas, ideologies, theories, viewpoints, and speakers are privileged over others[,] is taking place in the current ubiquitous online environment. Speech privilege enacts a form... |
2024 |
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| Akin Adepoju |
CAPITAL PUNISHMENT UNMASKED: SHADES OF JUSTICE IN AMERICA'S GRIM THEATER |
67 Howard Law Journal 249 (Spring, 2024) |
At the core of America's story lies a sobering reality: laws, whether overt or masked by neutrality, have been instrumental in upholding white supremacy. The nation's history, legal frameworks, and institutions created a system of hierarchy. Slavery, the Three-Fifths Compromise in the Constitution, and the application of the death penalty are... |
2024 |
Yes |
| Carol Jacobsen, David G. Winter, Abigail J. Stewart |
CARCERAL BACKLASH: THE CASE FOR CHANGING THE COURSE OF WOMEN'S HOMICIDE CONVICTIONS |
31 UCLA Journal of Gender & Law 133 (Summer, 2024) |
Carol Jacobsen is a feminist, artist, writer, political organizer, and professor of Film and Photography, Women and Gender Studies, and Law at the University of Michigan. She is founding director of the Michigan Women's Justice & Clemency Project, a grassroots nonprofit working to free women wrongfully sentenced to life and protesting human rights... |
2024 |
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| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
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| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
Yes |
| Leticia M. Saucedo , Andrea Senteno |
CHILDREN, LABOR, AND CHILD LABOR |
57 U.C. Davis Law Review 2967 (June, 2024) |
C1-2Table of Contents Introduction. 2969 I. Historical Antecedents of Child Labor Narratives. 2970 A. Post-Reconstruction Child Labor Reform North and South. 2973 B. The Public Debate and Media Message During Reconstruction. 2975 C. The Fair Labor Standards Act and Labor Agency Enforcement. 2980 II. Current State of Affairs. 2980 A. Documented... |
2024 |
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| Melina Constantine Bell |
CHILDREN'S RIGHT TO ACCESS POTENTIALLY CRITICAL LEARNING: LIBERATING YOUTH FROM PROPAGATION OF STRUCTURAL INJUSTICE |
33 Southern California Review of Law & Social Justice 29 (Winter, 2024) |
Over the past two years, U.S. states have passed educational gag orders (EGOs) that prohibit teaching about antiracism and LGBTQ+ identities. EGOs are destructive in at least two ways. First, they violate children's right to access information that is potentially critical for their individual well-being. Second, they interfere with cultivating... |
2024 |
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| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
Yes |
| Rory Bahadur |
CIVILITY AS MORALLY JUSTIFIED OPPRESSION |
30 Texas Journal on Civil Liberties & Civil Rights 89 (Fall, 2024) |
Contemporary legal education's predominant focus on civility within the Professional Identity Formation (PIF) framework perpetuates systemic racism, cloaking it in a guise of moral certitude. Civility, as an offshoot of moral philosophy, functions as a formidable instrument of oppression, ratifying behavioral norms and ideological constructs... |
2024 |
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| Deanna S. Newton |
CLOSING THE OPPORTUNITY GAP |
102 North Carolina Law Review 1159 (May, 2024) |
Opportunity Zones are low-income areas or economically distressed communities in the United States. The Opportunity Zone program encourages investment in low-income areas or economically distressed communities by offering investors tax benefits. Scholars have found little evidence that Opportunity Zones positively impact zone residents' lives,... |
2024 |
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| Tyler Rose Clemons |
COERCIVE IDEOLOGY |
83 Maryland Law Review 1121 (2024) |
Current equal protection jurisprudence does not permit challenges to discriminatory government expression, no matter how blatant or extreme. This doctrine, which I label the discriminatory treatment requirement, is a manifestation of anticlassification, the prevailing equal protection framework since the mid-1970s. According to anticlassification,... |
2024 |
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