AuthorTitleCitationSummaryYearKeywords in Title or Summary
Naomi Murakawa SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS 69 UCLA Law Review 1430 (September, 2023) Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... 2023 Yes
Dylan Saul SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS 107 Minnesota Law Review 1311 (February, 2023) If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... 2023  
Enrique Armijo SECTION 230 AS CIVIL RIGHTS STATUTE 92 University of Cincinnati Law Review 301 (2023) C1-3Contents Introduction. 302 I. The Legal Tradition of Protecting Distributors to Protect Controversial Speech. 304 A. Why Collateral Censorship Works. 304 B. Protecting Distributors from Collateral Censorship. 305 II. How Section 230 Enables Speech About Civil Rights. 308 A. Protecting the Distribution of Police Brutality Videos. 308 B.... 2023  
Courtney Megan Cahill SEX EQUALITY'S IRRECONCILABLE DIFFERENCES 132 Yale Law Journal 1065 (February, 2023) This Feature uses recent developments in LGBTQ-equality law to unsettle sex equality's enduring commitment to biology as a basis for sex discrimination. Sex equality rejects sex discrimination when it is based on sex stereotypes, defined as gross generalizations about women and men, but not when it is based on biological differences between the... 2023  
Aya Gruber SEX EXCEPTIONALISM IN CRIMINAL LAW 75 Stanford Law Review 755 (April, 2023) Abstract. Sex crimes are the worst crimes. People generally believe that sexual assault is graver than nonsexual assault, uninvited sexual compliments are worse than nonsexual insults, and sex work is different from work. Criminal codes typically create a dedicated category for sex offenses, uniting under its umbrella conduct ranging from violent... 2023  
Samuel Vincent Jones SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? 56 UIC Law Review 627 (Winter 2023) It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... 2023 Yes
Malik Edwards, PhD, JD SILENT SAM SPEAKS 71 Washington University Journal of Law & Policy 59 (2023) A substantial number of Confederate memorials cover various spaces throughout the United States. Examples include statues in public spaces; the names of schools, roadways, towns, military bases, bridges, and bodies of water; memorial holidays; and even commemorative license plates. The author notes that the numerosity of such memorials is... 2023  
Saba Kareemi SITUATING COLONIAL FEMINISM IN IBN KHALDUN'S THEORY OF 'ASABIYYAH 29 Southwestern Journal of International Law 267 (2023) Feminism itself has never been disaggregated from the white gaze. It has become the only kind of feminism we recognize or even have language for. And that means that, most of the time, when women speak feminism they unintentionally take on the cadence and concerns of whiteness. - Rafia Zakaria, author and journalist. In her powerful discussion... 2023 Yes
Gabriel J. Chin SLAVE LAW, RACE LAW 94 University of Colorado Law Review 551 (Spring, 2023) Introduction. 551 I. Free Black People and Enslaved Persons. 558 II. Regulating All Non-White People. 564 Conclusion. 569 2023 Yes
Christopher Gevers SLAVERY AND INTERNATIONAL LAW 117 AJIL Unbound 71 (2023) The history of slavery and international law remains largely unwritten. Aside from Henry Richardson III's magisterial monograph, The Origins of African-American Interests in International Law, and a handful of shorter pieces (many of them recent), few accounts of slavery [as] a global legal institution have emerged from within the discipline, in... 2023  
Adjoa A. Aiyetoro SOCIAL CONSTRUCTION OF RACE UNDERGIRDS RACISM BY PROVIDING UNDUE ADVANTAGES TO WHITE PEOPLE, DISADVANTAGING BLACK PEOPLE AND OTHER PEOPLE OF COLOR, AND VIOLATING THE HUMAN RIGHTS OF ALL PEOPLE OF COLOR 94 University of Colorado Law Review 415 (Spring, 2023) INTRODUCTION. 416 I. The Social Construction of Race and White Supremacy. 419 II. The Lethal Nature of the Construction of the Racial Hierarchy and White Supremacy. 426 A. Slavery. 426 B. Post Slavery Violence and Terrorism: The Tulsa Race Massacre. 428 C. Ending the Human and Structural Internalization of the Lie of a Racial Hierarchy and White... 2023 Yes
Tracey E. George , Albert H. Yoon , Mitu Gulati SOME ARE MORE EQUAL THAN OTHERS: U.S. SUPREME COURT CLERKSHIPS 123 Columbia Law Review Forum 146 (########) The most elite and scarce of all U.S. legal credentials is serving as a Justice on the U.S. Supreme Court. A close second is clerking for a Justice. A Court clerkship is a prize as well as a ticket to future success. Rich accounts of the experience fill bookshelves and journal pages. Yet the public lacks a clear story about who wins this clerkship... 2023  
Matthew Boaz SPECULATIVE IMMIGRATION POLICY 37 Georgetown Immigration Law Journal 183 (Winter, 2023) This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article... 2023  
Sonja Starr STATISTICAL DISCRIMINATION 58 Harvard Civil Rights-Civil Liberties Law Review 579 (Summer, 2023) The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care... 2023  
Joy Kanwar STORIES FROM THE NEGATIVE SPACES: UNITED STATES v. THIND AND THE NARRATIVE OF (NON)WHITENESS 74 Mercer Law Review 801 (Spring, 2023) You must never be limited by external authority, whether it be vested in a church, [person] or book. It is your right to question, challenge, and investigate. - Bhagat Singh Thind For years, Bhagat Singh Thind's case has resonated in my mind. I thought of it in the days after September 11, 2001, when a group of attorneys and I scrambled to... 2023 Yes
Tess Bissell TEACHING IN THE UPSIDE DOWN: WHAT ANTI-CRITICAL RACE THEORY LAWS TELL US ABOUT THE FIRST AMENDMENT 75 Stanford Law Review 205 (January, 2023) Abstract. Since January 2021, forty-two states have introduced anti-critical race theory (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader... 2023  
Laura Moy TECH SUPPORT: WIRING TECHNOLOGY LAW CLINICS TO SERVE RACIAL JUSTICE 30 Clinical Law Review 205 (Fall, 2023) This essay explores the intersection between technology law, clinical pedagogy, and racial justice. Drawing from existing literature on clinics, social justice, racial justice, and technology, as well as from interviews and conversations with other technology law clinicians, the essay: 1) explains the racial and social justice dimensions of... 2023  
Noah C. Nix TEXTBOOK RESISTANCE: TEXAS' BAN ON CRITICAL RACE THEORY FAILS THE EDUCATION STANDARDS MANDATED BY INTERNATIONAL LAW 51 Georgia Journal of International and Comparative Law 765 (2023) C1-2Table of Contents I. Introduction. 767 II. The New Texas Education Code Provisions in the Midst of an American Racial Reawakening and the Consequent Debate Over the Teaching of Critical Race Theory. 770 A. The New Texas Education Code Provision: Texas Education Code 28.0022, Certain Instructional Requirements and Prohibitions, Effective... 2023  
Etienne C. Toussaint THE ABOLITION OF FOOD OPPRESSION 111 Georgetown Law Journal 1043 (May, 2023) Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... 2023  
David Hinojosa , Genevieve Bonadies Torres THE ABSURD REACH OF A "COLORBLIND" CONSTITUTION 72 American University Law Review 1775 (June, 2023) Affirmative action has long spurred debates over whether the Equal Protection Clause and subsequent civil rights legislation were intended to permit policies aimed at disrupting racial hierarchies, dismantling systemic discrimination, and ensuring equal opportunity for Black people and other historically marginalized groups. The current lawsuits... 2023  
Jess Phelps , Jessica Owley THE AFTERLIFE OF CONFEDERATE MONUMENTS 98 Indiana Law Journal 371 (Spring, 2023) As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels--by location and... 2023  
Alexander A. Boni-Saenz THE AGE OF RACISM 100 Washington University Law Review 1583 (2023) This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... 2023  
Ankevia Taylor THE AMERICAN DREAM BELONGS TO ALL OF US: LATINOS AND JAMAICAN AMERICANS EXPERIENCE CULTURAL GENOCIDE BY AMERICAN ASSIMILATION 17 Florida A & M University Law Review 249 (Spring, 2023) C1-2Table of Contents Introduction. 251 I. The American Dream Belongs to All of Us. 253 A. The American Experiment. 253 B. America Thrives off Diversity but Mistreats Diverse Populations. 255 1. The Latino Immigration Experience. 256 2. The Jamaican Immigration Experience. 257 II. America Provides Inconsistent Efforts of Protection to Racialized... 2023  
Leah M. Watson THE ANTI-"CRITICAL RACE THEORY" CAMPAIGN - CLASSROOM CENSORSHIP AND RACIAL BACKLASH BY ANOTHER NAME 58 Harvard Civil Rights-Civil Liberties Law Review 487 (Summer, 2023) This Article explores the rise of the anti-critical race theory movement, arguing that it is backlash to progress towards racial justice. Instruction on racism, culturally relevant teaching methods, and critical race theory-- collectively, race conscious instruction--improve students' comprehension, engagement, analytical skills, and social... 2023  
Reginald Oh THE ANTI-CONSTITUTIONALITY OF THE DEEPLY ROOTED TEST IN DOBBS v. JACKSON 72 Cleveland State Law Review 83 (2023) The deeply rooted in history test used by Justice Alito in Dobbs v. Jackson to overturn Roe v. Wade is anti-constitutional. In Dobbs, Alito concluded that, because a majority of states in 1868 criminalized abortion, abortion is not deeply rooted in history, and is therefore not a fundamental liberty under the Fourteenth Amendment Due Process... 2023  
William M. Carter, Jr. THE ANTI-KLAN ACT IN THE TWENTY-FIRST CENTURY 136 Harvard Law Review Forum 251 (February, 2023) Racial terrorism by organized hate groups and lone wolf vigilantes presents a growing societal danger. Increasingly, the planning and recruitment for such plots occur through online communications channels. This Essay sheds new light upon how little-known federal civil rights statutes originally enacted following the Civil War can be applied to... 2023  
Sarah Schindler, Kellen Zale THE ANTI-TENANCY DOCTRINE 171 University of Pennsylvania Law Review 267 (January, 2023) The law has failed tenants. A range of distinct legal doctrines, coupled with structural inequities, systematically disadvantage tenants in previously unrecognized ways. This Article identifies a new way of looking at this pattern of collective impediments to tenants' rights, wealth, and power, which we call the Anti-Tenancy Doctrine. This... 2023  
Tom I. Romero, II THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW 94 University of Colorado Law Review 449 (Spring, 2023) I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... 2023  
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023  
Richard Delgado THE CONSEQUENCES OF SYSTEMIC RACISM: WHITE MEN'S LAW: THE ROOTS OF SYSTEMIC RACISM. BY PETER IRONS. NEW YORK, N.Y.: OXFORD UNIVERSITY PRESS. 2022. PP. XIX, 291. $29.95 11 Texas A&M Law Review 175 (Fall, 2023) If you kill a small animal of a certain species or swat an insect, the species itself is apt to survive and even flourish. They may produce more offspring to replace the numbers they lost. They may even benefit from the reduced competition for food. With humans, additional mechanisms come into play. During wartime, if a member of a unit suffers an... 2023 Yes
Aziz Z. Huq THE COUNTERDEMOCRATIC DIFFICULTY 117 Northwestern University Law Review 1099 (2023) Abstract--Since the 2020 elections, debate about the Supreme Court's relationship with the mechanisms of national democracy has intensified. One important thread of that debate focuses critically on the possibility of a judicial decision flipping a presidential election or thwarting the will of national majorities respecting progressive... 2023  
Omavi Shukur THE CRIMINALIZATION OF BLACK RESISTANCE TO CAPTURE AND POLICING 103 Boston University Law Review 1 (February, 2023) The antiblack dimensions of antiresisting laws, that is, criminal proscriptions against physically resisting law enforcement, harden white social dominance and deepen black racial subordination. This Article contributes to the field by identifying and examining the relationship between black resistance to racial subordination and the development of... 2023 Yes
LaToya Baldwin Clark THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS 132 Yale Law Journal 2139 (May, 2023) In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... 2023 Yes
Daniel LaChance THE DEATH PENALTY IN BLACK AND WHITE: EXECUTION COVERAGE IN TWO SOUTHERN NEWSPAPERS, 1877-1936 48 Law and Social Inquiry 999 (August, 2023) In the immediate aftermath of Reconstruction, coverage of executions in the Atlanta Constitution and the New Orleans (Times-)Picayune occasionally portrayed African Americans executed by the state as legally, politically, and spiritually similar to their white counterparts. But as radical white supremacy took hold across the South, the coverage... 2023 Yes
Sarah J. Garcia THE DEATH PENALTY SEALS RACIAL MINORITIES' FATE: THE UNFORTUNATE REALITIES OF BEING A RACIAL MINORITY IN AMERICA 25 Scholar: St. Mary's Law Review on Race and Social Justice 151 (2023) INTRODUCTION. 152 I. HISTORY. 155 A. The history of capital punishment in America led racial minorities to be put to death by shooting, hanging, electrocution, poison gas, and lethal injection. 155 B. Texas was ground zero for capital punishment, and perhaps, it still continues to be. 173 II. ANALYSIS. 176 A. Race-has and always will-play a... 2023  
Caitlin Millat THE EDUCATION--DEMOCRACY NEXUS AND EDUCATIONAL SUBORDINATION 111 Georgetown Law Journal 529 (March, 2023) Many believe that American democracy is in critical danger. These heightened concerns about democracy's survival have spurred conversation about the role public education can and should play in American life. At the same time, a wave of legislation has emerged that not only threatens to minimize public education's democratizing and equity-enhancing... 2023  
Carla Spivack THE ESTATE TAX, INEQUALITY, AND THE PROBLEM OF PUBLIC CHOICE 20 Pittsburgh Tax Review 397 (Spring, 2023) I am honored by the opportunity to comment on these three fascinating papers, and I thank these scholars for their important contributions to the question of the estate tax and inequality. Each sheds light on important ways the current estate tax contributes to wealth inequality, and therefore to the political, social, educational, health, and all... 2023  
Alyce Hammer THE FAILURE TO PROTECT FREE SPEECH IN HIGHER EDUCATION: A NONPARTISAN RIGHT WITH BIPARTISAN CONSEQUENCES 37 Notre Dame Journal of Law, Ethics & Public Policy 469 (2023) Free speech has been a cornerstone of American democracy--and a subject of great debate--since before the thirteen colonies even declared independence. In fact, the journey toward free speech in the United States began forty years before the commencement of the Revolutionary War with the case known as Crown v. John Peter Zenger. Zenger, an American... 2023  
Paul J. Larkin , GianCarlo Canaparo THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 18 Liberty University Law Review 1 (Fall, 2023) Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... 2023  
Nicholas J. Nugent THE FIVE INTERNET RIGHTS 98 Washington Law Review 527 (June, 2023) Abstract: Since the dawn of the commercial internet, content moderation has operated under an implicit social contract that website operators could accept or reject users and content as they saw fit, but users in turn could self-publish their views on their own websites if no one else would have them. However, as online service providers and... 2023 Yes
Shawn E. Fields THE FOURTH AMENDMENT WITHOUT POLICE 90 University of Chicago Law Review 1023 (June, 2023) What role will the Fourth Amendment play in a world without police? As academics, activists, and lawmakers explore alternatives to traditional law enforcement, it bears asking whether the amendment primarily tasked with regulating police investigations would also regulate postpolice public safety agencies. Surprisingly, the answer is often no.... 2023  
Ann M. Eisenberg THE GEOGRAPHY OF UNFREEDOM 121 Michigan Law Review 1049 (April, 2023) Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia. By Judah Schept. New York: New York University Press. 2022. Pp. v, 234. Cloth, $99; paper, $32. Injustice anywhere is a threat to justice everywhere. --Dr. Martin Luther King, Jr. When I picked up Judah Schept's Coal, Cages, Crisis: The Rise of the Prison Economy in Central... 2023  
Khaled A. Beydoun , Nura A. Sediqe THE GREAT REPLACEMENT: WHITE SUPREMACY AS TERRORISM? 58 Harvard Civil Rights-Civil Liberties Law Review 69 (Winter, 2023) The events of January 6th 2021, and the era of emboldened armed white supremacist violence that surrounded the United States Capitol attack spurred state commitment to counter white supremacist terrorism. This unprecedented shift on the part of the federal executive branch, spearheaded by the Biden Administration, redirected War on Terror tools... 2023 Yes
Brenda D. Gibson THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY 26 CUNY Law Review 172 (Summer, 2023) I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... 2023 Yes
Berta Esperanza Hernández-Truyol THE HUMAN ENVIRONMENT: AWAKENING TO THE INDOMITABLE CUBAN SPIRIT-- GOVERNMENT, CULTURE, AND PEOPLE 17 FIU Law Review 563 (Spring, 2023) I. Introduction. 563 II. Government. 566 III. Culture. 580 A. Race. 583 B. Sex/Gender. 589 C. LGBTQ. 591 IV. The Cuban People/La Gente Cubana. 594 V. Conclusion. 606 2023  
Samuel Izzo THE ILLUSORY MORAL APPEAL OF LIVING CONSTITUTIONALISM 95 Southern California Law Review Postscript 75 (2023) Two prominent theories of constitutional interpretation are originalism and living constitutionalism. One common argument for living constitutionalism over originalism is that living constitutionalism better avoids morally unjustifiable results. This Note will demonstrate that this argument is flawed because living constitutionalism lacks a... 2023  
Rose Holden Vacanti Gilroy THE LAW OF ASSISTED REPRODUCTIVE TECHNOLOGIES FOR LGBTQ+ PARENTS: A RECOGNITION REGIME OF FAMILY LAW BUILT IN OPPOSITION TO THE REGULATORY REGIME 38 Berkeley Journal of Gender, Law & Justice 109 (2023) Introduction. 109 I. Parentage in Opposition. 115 A. Race, Racism, and Parentage. 115 B. Wealthy Parents vs. Impoverished Parents. 119 C. Children as Success vs. Children as Failure. 122 D. Married Parents vs. Unmarried Parents. 124 II. Intended Parents and the Weaponization of Parentage. 126 A. Intent-Based Parentage Through Voluntary... 2023  
Mark S. Brodin THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE 106 Marquette Law Review 593 (Spring, 2023) White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... 2023 Yes
Mark A. Graber THE LINCOLN-DOUGLAS(S) DEBATES AND THE PROBLEM OF CONSTITUTIONAL EVIL 83 Maryland Law Review 190 (2023) The problem of constitutional evil structured the Lincoln-Douglas(s) debates. Problems of constitutional evil occur in any moderately diverse society where people disagree strongly about justice and morality. The price of living in such a regime is a willingness to tolerate at least some level of injustice with an understanding that future and... 2023  
Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW 41 Law and History Review 1 (February, 2023) This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... 2023  
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