AuthorTitleCitationSummaryYearKeywords in Title or Summary
Rise Staff CENTERING PARENT LEADERSHIP IN THE MOVEMENT TO ABOLISH FAMILY POLICING 12 Columbia Journal of Race and Law 1 (June, 2022) This Piece Was Written by the Entire Rise Staff: Teresa Bachiller, Jeanette Vega Brown, Ashanti Bryant, Keyna Franklin, Teresa Marrero, Genevieve Saavedra Dalton Parker, Tracy Serdjenian, Bianca Shaw, Halimah Washington, Robbyne Wiley, and Imani Worthy. It Was Edited by Nora McCarthy To change everything, we need everyone. I. Introduction. 2 II.... 2022  
Ariana R. Levinson , Sonya Faber , Dana Strauss , Sophia Gran-Ruaz , Amy Bartlett , Maria Macaluso , Monnica T. Williams CHALLENGING JURORS' RACISM 57 Gonzaga Law Review 365 (2021/2022) Despite overwhelming documentation of disproportionate arrest, prosecution, conviction, and incarceration of Black Americans and the many psychological tools available to assess racism and implicit bias, anti-racist jury selection remains an understudied area of research. An evidence-based, anti-racist jury selection process is an urgent need,... 2022  
Bob Cunha CITIES, FREE SPEECH, AND CONFEDERATE STATUES 55 Suffolk University Law Review 343 (2022) A city has a right to speak for itself, to say what it wishes, and to select the views that it wants to express . [Birmingham] has the right to disassociate from a pro-Confederacy message entirely. Birmingham, Alabama, has no Confederate history. The City did not exist until 1871, six years after the Civil War's end. Nevertheless, in 1905,... 2022  
Kristina M. Campbell CITIZENSHIP, RACE, AND STATEHOOD 74 Rutgers University Law Review 583 (Winter, 2022) This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (TID), focusing on the Territory of Puerto Rico and how the... 2022  
Jonathan P. Feingold CIVIL RIGHTS CATCH-22S 43 Cardozo Law Review 1855 (June, 2022) Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground... 2022  
John Valery White CIVIL RIGHTS LAW EQUITY: AN INTRODUCTION TO A THEORY OF WHAT CIVIL RIGHTS HAS BECOME 78 Washington and Lee Law Review 1889 (2022) This Article argues that civil rights law is better understood as civil rights equity. It contends that the four-decade-long project of restricting civil rights litigation has shaped civil rights jurisprudence into a contemporary version of traditional equity. For years commentators have noted the low success rates of civil rights suits and debated... 2022  
Anne D. Gordon CLEANING UP OUR OWN HOUSES: CREATING ANTI-RACIST CLINICAL PROGRAMS 29 Clinical Law Review 49 (Fall, 2022) A formidable body of research and scholarship describes the unique difficulties faced by various minoritized groups within our law schools. Women, people of color, those with disabilities, LGBTQ+ people, and all those outside, overlapping, or in-between have powerfully described how their turn through legal academia was marked by discrimination,... 2022  
Sean A. Berman COLLECTIVE MEMORY, CRIMINAL LAW, AND THE TRIAL OF DEREK CHAUVIN 72 Duke Law Journal 481 (November, 2022) This Note describes how criminal trials for prominent criminal acts contribute to the collective memory of the underlying offense. Hannah Arendt once argued that the purpose of criminal trials is to render justice, and nothing else. Unlike criminal trials, political trials strive to produce collective memory. This Note utilizes political trials... 2022  
Trey A. Duran COLLEGE CAMPUS POLICE ABOLITION 31-SPG Kansas Journal of Law & Public Policy 327 (Spring, 2022) There is a surprising lack of discussion about college campus police abolition in legal scholarship. Only within the last decade has legal scholarship begun to seriously discuss the movement to abolish prisons and police. This Article argues that college campus police abolitionists should gradually shift resources to social services and community... 2022  
Martha Snipstad COLONIALISM: AN ETHICAL ANALYSIS OF THE SYSTEM THAT BUILT THE WESTERN WORLD 15 University of St. Thomas Journal of Law & Public Policy 874 (April, 2022) The wealth and prosperity of the Western World is often taught in schools as a triumph of European ingenuity, discovery, and resourcefulness. The age of exploration is thought to be a time when men discovered fantastic new lands and cleverly harnessed the resources they found there to create great wealth for their homelands. This narrative paints a... 2022  
Osagie K. Obasogie , Zachary Newman COLORBLIND CONSTITUTIONAL TORTS 95 Southern California Law Review 1137 (June, 2022) Much of the recent conversation regarding law and police accountability has focused on eliminating or limiting qualified immunity as a defense for officers facing § 1983 lawsuits for using excessive force. Developed during Reconstruction as a way to protect formerly enslaved persons from new forms of racial terror, 42 U.S.C. § 1983 allows private... 2022  
Maurice R. Dyson COMBATTING AI'S PROTECTIONISM & TOTALITARIAN-CODED HYPNOSIS: THE CASE FOR AI REPARATIONS & ANTITRUST REMEDIES IN THE ECOLOGY OF COLLECTIVE SELF-DETERMINATION 75 SMU Law Review 625 (Summer, 2022) There is a real world with real structure. The program of mind has been trained on the vast interaction with this world and so contains code that reflects the structure of the world and knows how to exploit it. Artificial Intelligence's (AI) global race for comparative advantage has the world spinning, while leaving people of color and the poor... 2022  
Marissa Jackson Sow COMMENTS ON 'WHITENESS AS CONTRACT' 35 Journal of Civil Rights & Economic Development 303 (Spring, 2022) Next, we will have Professor Jackson Sow present her paper which is forthcoming in Washington and Lee Law Review Whiteness as Contract. Also, I want to point out that she has recently put online to be reviewed in a forthcoming publication her article (Re)Building the Master's House: Dismantling America's Colonial Politics of Extraction and... 2022 Yes
Stephanie Bornstein CONFRONTING THE RACIAL PAY GAP 75 Vanderbilt Law Review 1401 (October, 2022) For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... 2022  
Brandon Paradise, Associate Professor of Law, Rutgers Law School, and McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University CONFRONTING THE TRUTH: THE NECESSITY OF LOVE FOR JUSTICE 37 Journal of Law and Religion 232 (May, 2022) This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin's own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously... 2022  
S. Priya Morley CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT 69 UCLA Law Review Discourse 100 (2022) The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... 2022  
James A. Morone CONSPIRACIES AND AMERICAN DEMOCRACY: WHAT'S OLD? WHAT'S NEW? AND WHAT'S DANGEROUS? 15 University of St. Thomas Journal of Law & Public Policy 412 (April, 2022) We live surrounded by conspiracies. President Donald Trump sprang into the White House claiming--against all evidence--that President Obama was not born in the United States; he left insisting--again, without evidence--that shadowy agents (Venezuelans? Voting machine magnates? Democrats?) had stolen the 2020 election. Most Republicans rallied... 2022 Yes
Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law CONTINUOUS ACTION TOWARD JUSTICE 37 Journal of Law and Religion 63 (January, 2022) (Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... 2022  
Matthew A. Gasperetti CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS 76 University of Miami Law Review 525 (Winter, 2022) Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... 2022  
Benjamin Levin CRIMINAL LAW EXCEPTIONALISM 108 Virginia Law Review 1381 (October, 2022) For over half a century, U.S. prison populations have ballooned, and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of anti-carceral commentary and social movement energy. Academics and activists have adopted a critical... 2022  
Hannah Daigle CRITICAL RACE THEORY THROUGH THE LENS OF GARCETTI v. CEBALLOS 20 First Amendment Law Review 230 (2022) The First Amendment states no law shall be made abridging the freedom of speech. The Supreme Court has repeatedly protected contentious forms of speech and expression including allowing flag burning, brandishing offensive signs during the picketing of a funeral for a deceased veteran, and the burning of a cross on an African American family's... 2022  
Jennifer Harrison Macon CRITICAL RACE THEORY: ANOTHER CASUALTY IN THE ATTACK ON FACTS 69 UCLA Law Review Discourse 56 (2022) The attack on Critical Race Theory is the latest attempt to undermine the interracial coalition that has been building over the last twenty years. In the wake of the murder of George Floyd in May of 2020, a global movement for Black lives ensued, which in turn motivated a calculated resistance that mobilized around education. Not unlike the... 2022  
The HLS Conference Organizers CRITICAL RACE THEORY: INSIDE AND BEYOND THE IVORY TOWER 69 UCLA Law Review Discourse 118 (2022) The history of Critical Race Theory (CRT) is inextricably intertwined with the history of student activism on law school campuses. This activism was sparked in resistance to the dominant legal education system and with the goal of cultivating alternative spaces where law students could learn how to tackle and dismantle the seemingly permanent... 2022  
Charles W. Mills , cmills3@gc.cuny.edu DARK MORES: SOME COMMENTS ON TOMMIE SHELBY'S DARK GHETTOS: INJUSTICE, DISSENT, AND REFORM 16 Criminal Law and Philosophy 29 (April, 2022) Published online: 14 October 2019 Tommie Shelby's Dark Ghettos: Injustice, Dissent, and Reform is a major contribution to black political thought and the theorization of racial justice more generally. In these brief comments, I begin by situating Shelby's work both in the Anglo-American political tradition and the Afro-modern political tradition.... 2022  
Shoba Sivaprasad Wadhia , Margaret Hu DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN 93 University of Colorado Law Review 325 (Winter, 2022) The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... 2022  
Tonya M. Evans DE-GENTRIFIED BLACK GENIUS: BLOCKCHAIN, COPYRIGHT, AND THE DISINTERMEDIATION OF CREATIVITY 49 Pepperdine Law Review 649 (March, 2022) In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase gentrifying our genius to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically... 2022  
Robert J. Razzante , Breanta Boss DEI IN THE LEGAL PROFESSION: IDENTIFYING FOUNDATIONAL FACTORS FOR MEANINGFUL CHANGE 2022 Utah Law Review 785 (2022) Before getting into the substance of the Essay, we would like to situate ourselves within the larger conversation of diversity, equity, and inclusion (DEI) by addressing why this work is important to us and describing how DEI has impacted our lives. I (Robert J. Razzante) am a visiting assistant professor of communication with roots in the highly... 2022  
Emily Tucker DELIBERATE DISORDER: HOW POLICING ALGORITHMS MAKE THINKING ABOUT POLICING HARDER 46 New York University Review of Law and Social Change 86 (2022) Introduction. 87 I. Policing Algorithms in the Context of American Carceral History. 92 II. Why Algorithms Can Never Produce Justice. 100 III. Principles for Resisting Algorithmic Conceptions of Policing. 108 2022  
T. Quinn Yeargain DEMOCRATIZING GUBERNATORIAL SELECTION 14 Northeastern University Law Review 1 (February, 2022) At the time of American Independence in 1776, most state constitutions created governors in a form unrecognizable today. In virtually every state, governors were indirectly elected in some capacity. Over the nineteenth century, as American political institutions underwent significant democratic reforms, most of these methods of indirect election... 2022  
Elaine Gross, MSW DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE 38 Touro Law Review 589 (2022) In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... 2022  
Prashasti Bhatnagar DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH 36 Georgetown Immigration Law Journal 1017 (Spring, 2022) This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... 2022  
Jamelia Morgan DISABILITY, POLICING, AND PUNISHMENT: AN INTERSECTIONAL APPROACH 75 Oklahoma Law Review 169 (Autumn, 2022) Disabled people of color are uniquely vulnerable to policing and punishment. Proponents of police reform and, more recently, police abolition note that disabled people, particularly people with psychiatric disabilities, are vulnerable to citation and arrest. Indeed, data on the high percentages of people in prisons and jails who report having a... 2022  
Rachael Hanna, Eric Halliday DISCRETION WITHOUT OVERSIGHT: THE FEDERAL GOVERNMENT'S POWERS TO INVESTIGATE AND PROSECUTE DOMESTIC TERRORISM 55 Loyola of Los Angeles Law Review 775 (Summer, 2022) Following the Jan. 6, 2021, attack on the U.S. Capitol, elected officials and terrorism experts renewed calls for Congress to pass a domestic terrorism statute to empower the federal government to pursue white supremacists and other domestic terrorists. But, the debate over whether the federal government needs additional powers to investigate... 2022 Yes
Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022  
Raquel Muñiz , Sergio Barragán DISRUPTING THE RACIALIZED STATUS QUO IN EXAM SCHOOLS?: RACIAL EQUITY AND WHITE BACKLASH IN BOSTON PARENT COALITION FOR ACADEMIC EXCELLENCE v. THE SCHOOL COMMITTEE OF THE CITY OF BOSTON 49 Fordham Urban Law Journal 1043 (October, 2022) Introduction. 1044 I. Literature Review. 1049 A. White Backlash and White Victimhood. 1050 B. Color-Evasiveness and the Burden of Silent Racism. 1054 C. Racialization of High-Stakes Testing. 1056 II. The BPCAE v. Boston Controversy as a Case Study. 1061 A. Legal Precedent and Social Context Surrounding the Case. 1061 B. Conceptual Lens and Analytic... 2022 Yes
Dan Friedman DOES ARTICLE 17 OF THE MARYLAND DECLARATION OF RIGHTS PREVENT THE MARYLAND GENERAL ASSEMBLY FROM ENACTING RETROACTIVE CIVIL LAWS? 82 Maryland Law Review 55 (2022) Article 17 of the Maryland Declaration of Rights provides [t]hat retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto Law ought to be made; nor any retrospective oath or restriction be imposed, or... 2022  
Gabriel J. Chin DRED SCOTT AND ASIAN AMERICANS 24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... 2022 Yes
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022 Yes
Bruce A. Easop EDUCATION EQUITY DURING COVID-19: ANALYZING IN-PERSON PRIORITY POLICIES FOR STUDENTS WITH DISABILITIES 74 Stanford Law Review 223 (January, 2022) Abstract. During the COVID-19 pandemic, schools nationwide failed to provide essential supports and services to students with disabilities. Based on reviews of 115 school-district reopening plans, this Note finds that numerous schools sought to remedy these gaps through in-person priority policies designed to return students with disabilities to... 2022  
Craig R. Senn ENDING POLITICAL DISCRIMINATION IN THE WORKPLACE 87 Missouri Law Review 365 (Spring, 2022) Currently, a significant disparity exists in workplace legal protections for an employee's political affiliation. On one hand, public sector (federal, state, or local government) employees enjoy a bevy of protections. For example, twenty million state and local government employees rely on the First Amendment (and 42 U.S.C. § 1983) to guard against... 2022  
Kelly K. Dineen, Elizabeth Pendo ENGAGING DISABILITY RIGHTS LAW TO ADDRESS THE DISTINCT HARMS AT THE INTERSECTION OF RACE AND DISABILITY FOR PEOPLE WITH SUBSTANCE USE DISORDER 50 Journal of Law, Medicine & Ethics 38 (Spring, 2022) Keywords: Substance Use Disorder, Racism, Disability, Rights Law, Health Inequities, Intersectionality Abstract: This article examines the unique disadvantages experienced by Black people and other people of color with substance use disorder in health care, and argues that an intersectional approach to enforcing disability rights laws offer an... 2022  
Thomas P. Crocker EQUAL DIGNITY, COLORBLINDNESS, AND THE FUTURE OF AFFIRMATIVE ACTION BEYOND GRUTTER v. BOLLINGER 64 William and Mary Law Review 1 (October, 2022) In Grutter v. Bollinger the Supreme Court held that diversity was a compelling interest for equal protection purposes that justifies limited consideration of race through affirmative action programs. But there was a catch. The Court predicted that diversity would cease to be a compelling interest within twenty-five years. This Article examines the... 2022  
Daniel A. Kracov EUGENICS AND THE DEVELOPMENT OF U.S. FOOD AND DRUG LAW 77 Food & Drug Law Journal 135 (2022) The Food and Drug Administration (FDA) and its core statutory authorities have a complex and storied history. Historians and lawyers recounting the agency's early development--which roughly spanned from the debates culminating in the Pure Food and Drug Act of 1906 to the enactment of the Federal Food, Drug, and Cosmetic Act of 1938--typically cite... 2022  
Khiara M. Bridges EVALUATING PRESSURES ON ACADEMIC FREEDOM 59 Houston Law Review 803 (Symposium, 2022) This Commentary evaluates the pressures on academic freedom that are coming from the political left and the political right. It concludes that the pressures from the opposing political camps are different in kind and degree. The Commentary suggests that because of the differing natures of these pressures on academic freedom, society and... 2022  
Kathryn A. Sabbeth EVICTION COURTS 18 University of Saint Thomas Law Journal 359 (Spring, 2022) This Article examines the legal mechanics of the courts that issue eviction orders. It analyzes these courts in the context of the COVID-19 pandemic and the federal eviction moratoria. The eviction phenomenon preceded the pandemic, but the pandemic exaggerated many of its features. How the eviction courts responded to the eviction moratoria reveals... 2022  
Alena M. Allen EXISTENCE AS A THREAT 54 Connecticut Law Review 991 (July, 2022) There is an ongoing debate in the legal academy about how and whether to integrate race into curricula. For people of color, race impacts their day-to-day lives in ways large and small. In the law school setting, the experience of students of color is often a fraught one. For many students of color, navigating law school is akin to walking a tight... 2022  
James C. Ho FAIR-WEATHER ORIGINALISM: JUDGES, UMPIRES, AND THE FEAR OF BEING BOOED 26 Texas Review of Law and Politics 335 (Winter, 2021-2022) When we talk about the topic of originalism and the judiciary, we typically focus on matters of intellect. My remarks today will be different. I will focus on the role of character. I'll begin with an observation. As a profession, we're obsessed with credentials. From day one, we're told that it's all about where you go to law school, what grades... 2022  
Joubin Khazaie FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW 12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... 2022 Yes
Jessica Bulman-Pozen, Olatunde C.A. Johnson FEDERALISM AND EQUAL CITIZENSHIP: THE CONSTITUTIONAL CASE FOR D.C. STATEHOOD 110 Georgetown Law Journal 1269 (June, 2022) As the question of D.C. statehood commands national attention, the legal discourse remains stilted. The constitutional question we should be debating is not whether statehood is permitted but whether it is required. Commentators have been focusing on the wrong constitutional provisions. The Founding document and the Twenty-Third Amendment do not... 2022  
Burt Neuborne FEDERALISM AND THE "SECOND FOUNDING:" CONSTITUTIONAL STRUCTURE AS A "DOUBLE SECURITY" FOR "DISCRETE AND INSULAR" MINORITIES 77 New York University Annual Survey of American Law 59 (2022) Constitutional Law courses are usually taught in two phases. The standard course opens with a review of the structural aspects of the Constitution - separation of powers, federalism, procedural due process, and the scope of judicial review - and then turns to the scope of substantive constitutional protection - religious freedom; free speech;... 2022  
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