| Author | Title | Citation | Summary | Year | Keywords in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Moriah Mendicino |
AMERIKKKAN SCHOOLS: HOW ANTI-BLACK RACIAL INEQUITY IS PERPETUATED BY THE PUBLIC SCHOOL SYSTEM WITH HELP FROM MODERN COURTS |
23 Rutgers Race & the Law Review 451 (2022) |
Somewhere in the dream - we had an epiphany. Now, we right the wrongs in history. I once stood at the head of a predominately Black American classroom as a white teacher facilitating a discussion with my students about their right to an education. I believed then, like so many, that children in America were Constitutionally entitled to such. A... |
2022 |
Yes |
| Allegra McLeod |
AN ABOLITIONIST CRITIQUE OF VIOLENCE |
89 University of Chicago Law Review 525 (March, 2022) |
[W]here life is precious, life is precious. --Ruth Wilson Gilmore The violence experienced by young people of color in the city is multidimensional--both interpersonal and structural. So many of the young have to swallow their rage as they are surveilled in stores and on the streets, as they are targeted by cops for endless stops and frisks, as... |
2022 |
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| Corey Barnes, University of San Diego, coreybarnes@sandiego.edu |
AN ACCOUNT OF NORMATIVE STEREOTYPING |
21 Journal of Ethics & Social Philosophy 396 (March, 2022) |
Definitions belong to the definers, not the defined. --Toni Morrison, Beloved Adrian piper provides an innovative way to think about stereotyping and how it leads to discrimination. Piper elucidates two kinds of discrimination--namely, first-order and higher-order political discrimination. Both rely on stereotypes that are motivated by xenophobia.... |
2022 |
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| Matthew P. Main |
AN UNQUALIFIED PROHIBITION OF SELF-HELP EVICTION: PROVIDING A RIGHT TO COURT PROCESS FOR ALL RESIDENTIAL OCCUPANTS |
43 Cardozo Law Review 2205 (August, 2022) |
Stability in one's home is essential to safety, security, and human dignity. The right to court process prior to eviction should be unassailable. Yet, for some of the most marginalized residential occupants, that right does not exist. Nearly every state has codified laws that prohibit landlords from taking the law into their own hands to evict a... |
2022 |
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| Danielle M. Conway |
ANTIRACIST LAWYERING IN PRACTICE BEGINS WITH THE PRACTICE OF TEACHING AND LEARNING ANTIRACISM IN LAW SCHOOL |
2022 Utah Law Review 723 (2022) |
I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal... |
2022 |
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| Karl T. Muth |
APARTHEID-ERA CHICAGO |
55 UIC Law Review 219 (Summer, 2022) |
I. Introduction. 219 II. What is Integral White Supremacy?. 226 III. What is Structural Apartheid?. 227 IV. What is Structural Arbitrary Advantage in Law-and-Economics?. 231 V. What is Privatized Urban Planning?. 232 VI. Is White Supremacist Urban Planning Economic Self-Interest?. 235 VII. Cornell's Parting Shot. 239 VIII. What Sayeth the Court?.... |
2022 |
Yes |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
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| 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 |
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| Marisa Shearer |
BANNING BOOKS OR BANNING BIPOC? |
117 Northwestern University Law Review Online 24 (7/5/2022) |
Abstract--Following the murder of George Floyd in May 2020, social justice movements renewed calls for the country to confront the pervasive reality of systemic racism in the United States. In response to these publicized social justice movements, however, calls for book bans relating to critical race theory began rising at an unprecedented rate.... |
2022 |
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| Mary Szto |
BARRING DIVERSITY? THE AMERICAN BAR EXAM AS INITIATION RITE AND ITS EUGENICS ORIGIN |
21 Connecticut Public Interest Law Journal 38 (Spring, 2022) |
According to the 2020 census, the U.S. population is over 42% minorities, however, only 14% of the legal profession is. In 2020, the first-time bar taker pass rate was 88% for Whites, 80% for Asians, 78% for Native Americans, 76% for Hispanics, and 66% for Blacks. The COVID-19 pandemic has also thrown state bar exams into crisis. Some states... |
2022 |
Yes |
| Mona Siddiqui, Professor of Islamic and Interreligious Studies, University of Edinburgh |
BELONGING IN EXILE: JAMES BALDWIN IN PARIS |
37 Journal of Law and Religion 246 (May, 2022) |
James Baldwin's autobiographical essay Equal in Paris is a perceptive and often amusing account of the American writer's first visit to Paris. An aspiring novelist who left America in rage over his experience of the country's injustice and contempt toward Black Americans, Baldwin is acutely aware of racial prejudice in majority white societies.... |
2022 |
Yes |
| Aleigh Flournoy |
BLACK CHILD, WHITE PARENTS: BALANCING BIOLOGY AND BOND IN MODERN TRANSRACIAL ADOPTIONS |
34 Journal of the American Academy of Matrimonial Lawyers 551 (2022) |
Transracial adoption disrupts the normative nuclear family by joining racially different parents and children together. Transracial adoption is the most visible form of adoption because the family's physical differences are more obvious to the everyday onlooker. In the United States, the adopting parents are almost always white, and the adoptees... |
2022 |
Yes |
| Terrence M. Franklin |
BLACK DEATHS SHOULD MATTER, TOO!: ESTATE PLANNING AS A TOOL FOR ANTIRACISTS |
68 Practical Lawyer 9 (6/1/2022) |
And since I feel today New York is really My personal property I'll tell you what I'm gonna do... Since I like you very much, So very, very much, I'm gonna split it with you. Since I like you very much, So very, very much, I'm gonna split it with you! -- Sweet Charity (Universal Pictures 1969) Just as the negative effects of most legal policies and... |
2022 |
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| 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 |
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BOOK NOTES |
47 Law and Social Inquiry e1 (November, 2022) |
L1-2CONTENTS CONSTITUTIONAL THEORY AND HISTORY. 2 COURTS AND JUDGES. 2 CRIMINAL JUSTICE AND SOCIAL CONTROL. 2 LAW AND HOUSING. 5 LAW AND INFRASTRUCTURE. 5 LAW AND THE LGBTQ+ COMMUNITY. 5 LAW AND MENSTRUATION. 6 LAW AND PROPERTY. 6 LAW AND RACE. 6 LAW AND RELIGION. 7 LAW AND TAXATION. 7 LAW AS PERFORMANCE. 7 LEGAL EDUCATION. 8 LEGAL PROFESSION. 8... |
2022 |
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| 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 |
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| Amy J. Sepinwall |
BREAKING DOWN BIGOTRY WHO'S THE BIGOT? LEARNING FROM CONFLICTS OVER MARRIAGE AND CIVIL RIGHTS LAW. BY LINDA C. MCCLAIN. NEW YORK, NY: OXFORD UNIVERSITY PRESS. 2020. PP. IX + 304. $39.95 (HARDCOVER) |
37 Constitutional Commentary 97 (Spring, 2022) |
In Who's the Bigot? Learning from Conflicts Over Marriage and Civil Rights Law, Linda McClain offers a fascinating study of the rhetoric around the term bigot. Drawing from an impressively vast array of sources--including parenting guides and marriage manuals, sermons and speeches, legislative histories and court battles--McClain traces the use... |
2022 |
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| Gregory E. Louis |
BRIDGING THE TWO CULTURES: TOWARD TRANSACTIONAL POVERTY LAWYERING |
28 Clinical Law Review 411 (Spring, 2022) |
As U.S. society emerges from the COVID-19 pandemic that decimated Black and Brown communities and law schools reexamine their curricula after the summer of 2020, a moment of interest convergence has emerged: the need for legal education to matter for Black and Brown livelihoods. This Article proposes a concrete measure for meeting this moment.... |
2022 |
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| Gregory Briker, Justin Driver |
BROWN AND RED: DEFENDING JIM CROW IN COLD WAR AMERICA |
74 Stanford Law Review 447 (March, 2022) |
Abstract. It would be difficult to overstate the centrality of Brown v. Board of Education to American law and life. Legal scholars from across the ideological spectrum have lavished more attention on that Supreme Court decision than any other issued during the last century. In recent decades, the standard account of Brown has placed that... |
2022 |
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| Christopher W. Schmidt |
BROWN, HISTORY, AND THE FOURTEENTH AMENDMENT |
97 Notre Dame Law Review 1477 (April, 2022) |
The legislative history of [the Fourteenth] Amendment is not enlightening, and the history of its ratification is not edifying. --Justice Robert H. Jackson (1955) The Fourteenth Amendment was actually the culmination of the determined efforts of the Radical Republican majority in Congress to incorporate into our fundamental law the well-defined... |
2022 |
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| Kathryn Feeney |
CALIFORNIA'S AB 979: AN ARGUMENT TO APPLY INTERMEDIATE SCRUTINY TO RACE-BASED CLASSIFICATIONS FOR THE PURPOSE OF INCLUSION |
55 Loyola of Los Angeles Law Review 857 (Summer, 2022) |
This Note uses California's Assembly Bill 979 as context for an argument to apply intermediate scrutiny to laws that classify on the basis of race for the purpose of inclusion. Standards of review are meant to reasonably address the threat level posed by specific government action. However, the Court's current doctrine as applied to race considers... |
2022 |
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| McKenna L. Thayer |
CALL IT WHAT IT IS: HOW MICHIGAN'S PUBLIC UNIVERSITIES PRACTICE AFFIRMATIVE ACTION FOR WHITE APPLICANTS |
67 Wayne Law Review 639 (Spring, 2022) |
I. Introduction. 640 II. Background. 642 A. Demographic Information for Michigan and Michigan's Public Universities. 642 1. Enrollment of Black Students in Michigan's Public Universities. 642 2. Demographic Information in Michigan by County. 643 3. Enrollment in Michigan's Public Universities by County. 646 B. Acceptance to Michigan's Public... |
2022 |
Yes |
| 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 |
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| Brishen Rogers |
CAPITALIST DEVELOPMENT, LABOR LAW, AND THE NEW WORKING CLASS: THE NEXT SHIFT: THE FALL OF INDUSTRY AND THE RISE OF HEALTH CARE IN RUST BELT AMERICA, BY GABRIEL WINANT, HARVARD UNIVERSITY PRESS, 2021 |
131 Yale Law Journal 1842 (April, 2022) |
Gabriel Winant's The Next Shift charts the transformation of Pittsburgh's labor market and political economy from the postwar period through the era of unabashed neoliberalism. During that time, relatively well-paid and unionized employment in steel and metalworking plummeted, while low-wage, precarious, nonunion employment in health care and... |
2022 |
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| Kara W. Swanson |
CENTERING BLACK WOMEN INVENTORS: PASSING AND THE PATENT ARCHIVE |
25 Stanford Technology Law Review (2022) (Spring, 2022) |
This Article uses historical methodology to reframe persistent race and gender gaps in patent rates as archival silences. Gaps are absences, positioning the missing as failed non-participants. By centering Black women inventors and letting the silences fill with whispered stories, this Article upends our understanding of the patent archive as an... |
2022 |
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