| Author | Title | Citation | Summary | Year | Keywords in Title or Summary |
| Darlène Dubuisson , Patricia Campos-Medina , Shannon Gleeson , Kati L. Griffith |
CENTERING RACE IN STUDIES OF LOW-WAGE IMMIGRANT LABOR |
19 Annual Review of Law and Social Science 109 (2023) |
race, racism, immigration, work, justice, rights This review examines the historical and contemporary factors driving immigrant worker precarity and the central role of race in achieving worker justice. We build from the framework of racial capitalism and historicize the legacies of African enslavement and Indigenous dispossession, which have... |
2023 |
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| Amy McMeeking |
CITIZENSHIP, SELF-DETERMINATION, AND CULTURAL PRESERVATION IN AMERICAN SAMOA |
70 UCLA Law Review 840 (September, 2023) |
Recent litigation about the Citizenship Clause's applicability in American Samoa exposes tensions between competing goals of inclusion, self-determination, and cultural preservation. The noncitizen national category and the Insular Cases are both legacies of a long tradition of racial exclusion in the United States, but their current significance... |
2023 |
|
| André Douglas Pond Cummings , Kalvin Graham |
CLAIM DENIED - ACCESS DENIED: THE BLACK WALL STREET INSURANCE GRIFT |
35 Saint Thomas Law Review 101 (Spring, 2023) |
The subject of Corporate Reparations has gained noteworthy momentum in recent years. The murder of George Floyd at the hands of former police officer Derek Chauvin in 2020 galvanized major United States corporate leadership into thinking about and committing to playing a sizeable role in ending systemic racism and bringing economic equality and... |
2023 |
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| Nadia B. Ahmad , Victoria Beatty |
CLIMATE CHAUVINISM: RETHINKING LOSS & DAMAGE |
29 Southwestern Journal of International Law 238 (2023) |
Introduction: Lift Me Up. 239 I. Drowning in an Endless Sea. 240 A. Hurricanes. 241 B. Sea Level Rise. 242 II. Keep me Safe--Safe and Sound. 243 A. Nadia's personal account. 245 B. Victoria's personal account. 246 C. White Privilege. 247 III. Hold Me Down. 250 A. Cancer Alley. 250 B. Loss & Damage. 252 Conclusion.. 255 |
2023 |
Yes |
| Julia Cummings |
CLOSING THE REPRODUCTIVE DIVIDE: EXPANDING ACCESS TO FERTILITY SERVICES BEYOND THE WHITE NUCLEAR FAMILY |
41 Minnesota Journal of Law & Inequality 253 (Summer, 2023) |
L1-2Table of Contents Introduction. 254 I. Background on Infertility and Disparities. 255 A. Background on Infertility and Fertility Treatments. 255 B. Disparities in Fertility Services. 257 II. Expanding Access to Fertility Services. 258 A. Rationales for Expanding Access. 258 B. Critiques of Increased Access. 260 III. Insurance Laws as... |
2023 |
Yes |
| Ming Hsu Chen |
COLORBLIND NATIONALISM AND THE LIMITS OF CITIZENSHIP |
44 Cardozo Law Review 945 (February, 2023) |
Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim... |
2023 |
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| Jennifer Smith |
COLORISM: SHADES OF FREEDOM: THE LEGAL IMPLICATIONS OF COLORISM IN THE UNITED STATES JUSTICE SYSTEM |
32 Southern California Review of Law & Social Justice 283 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 284 II. COLORISM: HER LIFE AS A DARK-SKINNED BLACK WOMAN IN THE UNITED STATES. 286 III. BIRTH OF COLORISM. 293 IV. COLORISM LAWS AND CASES. 299 A. Colorism Cases Under Civil Rights Legislation. 300 B. Colorism Cases Under a Batson Challenge. 305 V. COMPLEXITIES OF COLORISM AND THE CIVIL RIGHTS MOVEMENT. 309 A.... |
2023 |
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| Erwin Chemerinsky |
COMMENT ON FREE SPEECH IN LAW SCHOOLS |
51 Hofstra Law Review 687 (Spring, 2023) |
As long as there are universities, there will be difficult issues of how to reconcile their educational mission with the desire to safeguard the speech of students and faculty. On the one hand, freedom of expression is essential for education. As the Supreme Court expressed in Keyishian v. Board of Regents, academic freedom . is of transcendent... |
2023 |
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| Nikayla Johnson |
CONFRONTING THE FEAR OF TOO MUCH JUSTICE: ENDING THE DEATH PENALTY THROUGH THE THIRTEENTH AMENDMENT |
7 Howard Human & Civil Rights Law Review 69 (2022-2023) |
C1-3Table of Contents L1-2Introduction . L370 I. The Supreme Court's Codification of Racial Bias in Capital Punishment. 71 A. The Road to McCleskey: Furman to Gregg. 72 B. McCleskey v. Kemp. 76 1. The Baldus Study. 76 2. Justice Powell's Appeal to Legislative Bodies. 78 II. Post-McCleskey Litigation and Legislation Concerning Racial Discrimination... |
2023 |
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| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
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| Thomas Halper |
Constructing Race |
12 British Journal of American Legal Studies 117 (Spring, 2023) |
The legal construction of race has assumed considerable importance for affirmative action and other purposes. But buffeted by racist tropes from an earlier day and simple self interest, the construct has become a nest of irrationalities and inconsistencies. race, white supremacy, affirmative action C1-3CONTENTS I. Race as Social Construct. 118 II.... |
2023 |
Yes |
| Jacqueline Pittman |
CONSTRUCTING RACE AND GENDER IN MODERN RAPE LAW: THE ABANDONED CATEGORY OF BLACK FEMALE VICTIMS |
30 Michigan Journal of Gender & Law 151 (2023) |
Despite the successes of the 1960s Anti-Rape Movement, modern state rape statutes continue to prioritize white male perspectives and perceptions of race, ultimately ignoring the intersectional identity of Black women and leaving these victims without legal protection. This Note examines rape law's history of allocating agency along gendered and... |
2023 |
Yes |
| Pamela A. Izvănariu |
CONTESTING RACIAL WAGES |
30 Georgetown Journal on Poverty Law and Policy 437 (Spring, 2023) |
This Article uses archival research to recover the important work of John P. Davis, the Negro Industrial League (NIL), and the Joint Committee on National Recovery (JCNR) as they fought for a racially just New Deal and substantive equality in the Jim Crow era. Specifically, it analyzes the battle between southern industrialists mobilized against... |
2023 |
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| Magali Duque |
CONTRACTING FOR DEBT: THE RELATIONSHIP BETWEEN DEBT CAPITALISM, HIGHER EDUCATION, AND THE BLACK-WHITE WEALTH GAP |
58 Harvard Civil Rights-Civil Liberties Law Review 415 (Winter, 2023) |
This Note explores the relationship between contractual parties in the credit market, as shaped by debt capitalism, through a brief history of slavery, peonage, and credit/debt legislation. Debt capitalism is a racially exclusionary system--stemming from slavery--in which asset acquisition, facilitated by working to pay debt, (1) is a requirement... |
2023 |
Yes |
| Ryan Newman |
CORPORATE CAPTAINS OF THE WOKE REVOLUTION: THE NEED TO LIMIT CORPORATE POLITICAL ACTIVISM |
27 Texas Review of Law and Politics 663 (Summer, 2023) |
Introduction. 664 I. The Woke Revolution. 666 II. The Rise of Woke Corporate Activism. 673 III. The Need to Limit Woke Corporate Activism. 681 IV. Corporate Free Speech Rights Properly Understood. 685 Conclusion. 696 |
2023 |
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| Eugene McCarthy |
CORPORATE LAW, BUSINESS SCHOOLS, AND WHITE-COLLAR CRIME |
67 Saint Louis University Law Journal 245 (Winter, 2023) |
Aspects of corporate law and business education induce white-collar fraud, which costs the public trillions of dollars and kills more Americans than violent crime. This system arose when nineteenth-century robber barons captured legislatures, courts, and universities to empower privileged individuals to profit at society's expense. John... |
2023 |
Yes |
| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
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| Laura Smalarz, Rose E. Eerdmans, Megan L. Lawrence, Kylie Kulak, Jessica M. Salerno, School of Social and Behavioral Sciences, Arizona State University |
COUNTERINTUITIVE RACE EFFECTS IN LEGAL AND NONLEGAL CONTEXTS |
47 Law and Human Behavior 119 (February, 2023) |
Objective: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to... |
2023 |
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| Rachel E. VanLandingham |
COUNTERPRODUCTIVE AND COUNTER-CONSTITUTIONAL MILITARY SPEECH RESTRICTIONS: PROHIBITING SOCIAL MEDIA "LIKES" WON'T REDUCE MILITARY EXTREMISM (AND CRIMINALIZING SEXUAL HARASSMENT WON'T STOP SEXUAL HARASSMENT) |
111 Kentucky Law Journal 111 (2022-2023) |
L1-2Table of Contents . L3111 L1-2Abstract . L3112 L1-2Introduction . L3112 I. Military Speech Restrictions. 117 A. Prohibited Extremist Speech. 117 i. DoD Counter-Extremism Regulatory Guidance: History. 119 ii. No Changes Between 2012-2021 & Then January 6, 2021 Happened. 124 iii. December 2021 Update to DoDI 1325.06. 128 B. The Military Crime of... |
2023 |
|
| Ali Murat Gali |
CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE |
34 Yale Journal of Law & Feminism 176 (2023) |
L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... |
2023 |
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| Kevin Brown |
CRITICAL RACE THEORY EXPLAINED BY ONE OF THE ORIGINAL PARTICIPANTS |
98 New York University Law Review Online 91 (April, 2023) |
President Donald Trump issued an executive order in September of 2020 seeking to exclude diversity and inclusion training from federal contracts if those trainings contained so-called divisive concepts like stereotyping and scapegoating based on race and sex. In the wake of the executive order, attacks on Critical Race Theory (CRT) skyrocketed.... |
2023 |
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| Mark C. Grafenreed |
CRITICAL RACE THEORY: COUNTER-STORYTELLING THE CASE OF 'OLD FRANK' AND THE DANIEL FAMILY CEMETERY |
76 SMU Law Review Forum 175 (December, 2023) |
The Texas Historical Commission (THC), a legislatively enacted agency of the State of Texas, has erected and disseminated nearly 17,000 historical markers across the state's vast 268,596 square miles and 254 counties with one express purpose: To protect and preserve the state's historic and prehistoric resources for the use, education,... |
2023 |
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| René Reyes |
CRITICAL REMEMBERING: AMPLIFYING, ANALYZING, AND UNDERSTANDING THE LEGACY OF ANTI-MEXICAN VIOLENCE IN THE UNITED STATES |
26 Harvard Latin American Law Review 15 (Spring, 2023) |
Violence against BIPOC individuals and communities has been part of American life since the arrival of the first European colonizers over four hundred years ago. Yet as longstanding and pervasive as anti-BIPOC violence has been throughout American history, many instances of such violence remain strikingly underexamined--largely because their... |
2023 |
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| Christopher D. Hampson |
CRITICAL THEORY & COMMERCIAL LAW IN THE SUNSHINE |
75 Florida Law Review Forum 15 (2023) |
In recent years, Florida and other states have attempted to expel critical legal theory, critical race theory, and all things woke from their institutions of higher education. At a time of professional cautiousness and chilled speech, this Essay aims to bring these ideas into the sunshine. I provide a rough background on critical theory and how... |
2023 |
|
| Bryan K. Fair |
CRYING WOLF: NEO-PATRIOTS, CRITICAL RACE THEORY, AND THE CONSTITUTIONAL PROTECTION OF "DANGEROUS" IDEAS |
27 U.C. Davis Social Justice Law Review 1 (Winter, 2023) |
C1-2Table of Contents Abstract. 2 Introduction: Patriots, Neo-Patriots, and the Banning of Ideas. 3 I. First Principles of Free Speech. 7 A. Protecting the Advocacy of Ideas. 8 B. A Roadmap for Challenging Bans on CRT and Other Materials. 11 1. The Void for Vagueness Doctrine. 11 2. The Substantial Overbreadth Doctrine. 11 3. Categories of... |
2023 |
|
| Lucy Jewel |
DARK CONNECTIONS |
56 Creighton Law Review 143 (March, 2023) |
I. INTRODUCTION. 143 II. WHY STUDY LEGAL HISTORY?. 145 III. WHAT WAS THE SOCIAL AND WORK IDENTITY OF THE OVERSEER AND THE PLANTATION OWNER?. 148 IV. THE VISIBLE OVERSEER AND THE PLANTATION OWNER IN UNITED STATES V. HAZELWOOD. 152 A. Football and the Plantation. 154 B. David Allen Coe, a Scots-Irish Racist. 156 C. Personal and Business Conduct, A... |
2023 |
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| Karla Mari Mckanders |
DECOLONIZING COLORBLIND ASYLUM NARRATIVES |
67 Saint Louis University Law Journal 523 (Spring, 2023) |
The essay addresses how law professors can engage critical and decolonial theories to teach students how to deconstruct the marginalizing narratives required in asylum advocacy. These theories provide the theoretical and praxis-oriented frameworks for professors seeking to liberate their pedagogy. The goal is for law students to begin their legal... |
2023 |
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| Melemaikalani Moniz |
DECOLONIZING THE MIND AS AN EXERCISE OF EA |
51 International Journal of Legal Information 35 (Spring, 2023) |
Each child born has at birth, a Bowl of perfect Light. If he tends his Light it will grow in strength and he can do all things-swim with the shark, fly with the birds, know and understand all things. If, however, he becomes envious or jealous he drops a stone into his Bowl of Light and some of the Light goes out. Light and the stone cannot hold... |
2023 |
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| Cortelyou C. Kenney |
DEFAMATION 2.0 |
56 Loyola of Los Angeles Law Review 1 (Winter, 2023) |
There is a literal prohibition in the media bar that media lawyers cannot represent plaintiffs in suits for defamation. The stated principle behind this rule--a rule that can result in excommunication from the premier media law organization if it is violated--is that playing both sides of the defamation game is disloyal to traditional media actors... |
2023 |
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| Jerron R. Wheeler, Esq. |
DEFUNDING C.O.P.S.: CONDITIONING FEDERAL FUNDING TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES UPON THE IMPLEMENTATION OF A PROGRAM THAT SCREENS ITS CURRENT AND FUTURE OFFICERS FOR WHITE SUPREMACIST AFFILIATIONS |
23 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2023) |
I. Introduction. 1 II. White Supremacy in Policing. 4 III. Congress' Spending Clause Power. 10 IV. Proposed Screening Program. 13 V. Conclusion. 18 |
2023 |
Yes |
| Brandon Hasbrouck |
DEMOCRATIZING ABOLITION |
69 UCLA Law Review 1744 (September, 2023) |
When abolitionists discuss remedies for past and present injustices, they are frequently met with apparently pragmatic objections to the viability of such bold remedies in U.S. legislatures and courts held captive by reactionary forces. Previous movements have seen their lesser reforms dashed by the white supremacist capitalist order that retains... |
2023 |
Yes |
| Syeda ShahBano Ijaz |
DETERMINING DEVELOPMENT: THE IMPACT OF WHITE FEMINISM ON WOMEN OF COLOR |
29 Southwestern Journal of International Law 257 (2023) |
I. Multiculturalism and Feminism: Failing at white feminism in America. 258 II. Who put you in charge of developing me? Women in the global south and the whiteness of development policy. 261 III. Recognizing agency and making room for difference: marching in step for feminism, not just white feminism. 263 References:. 265 |
2023 |
Yes |
| Jennifer Safstrom, Joseph Mead |
DEVELOPING INCLUSIVE LANGUAGE COMPETENCY IN CLINICAL TEACHING |
29 Clinical Law Review 349 (Spring, 2023) |
Drawing from legal pedagogy, litigation practice, and teaching experience, this article seeks to compile a set of key considerations for inclusive language decision-making in the clinical setting. Using a multi-factor framework-- accuracy, precision, relevance, audience, and respect--this analysis explores the process for deciding on terms to use... |
2023 |
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| Ruth Colker |
DISABILITY MISAPPROPRIATION |
72 American University Law Review 1619 (June, 2023) |
This Article argues that disability misappropriation is a systemic problem that undermines movement toward disability justice. By disability misappropriation, this Article refers to the tendency of the political right to assert a false concern for disability issues in service of a political agenda that actually harms the disability community. This... |
2023 |
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| Lila Meadows, Leigh Goodmark |
DISCRETION AND CREDIBILITY, DIGNITY AND MERCY: THE CASE OF PT, A CRIMINALIZED SURVIVOR |
38 Wisconsin Journal of Law, Gender & Society 53 (Spring, 2023) |
Introduction. 53 I. Imperfect Victims. 54 II. The Story of PT. 56 III. PT and the Criminal Legal System. 58 a. Prosecutors. 58 b. Judges. 58 c. Parole Commission. 59 IV. On Discretion and Credibility, Compassion and Mercy. 59 A. Discretion and Credibility. 59 1. Discretion. 59 2. Credibility. 60 B. Compassion and Mercy. 61 V. Abolition Feminism. 62 |
2023 |
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| Kristen Blankley , Ashley M. Votruba |
DISCUSSING RACE IN RURAL AND OTHER NON-DIVERSE COMMUNITIES |
38 Ohio State Journal on Dispute Resolution 371 (2023) |
I. Introduction II. Why Worry About Rural and Non-Diverse Communities At All? III. Common Hurdles That May Be Particularly Evident in Rural and Non-Diverse Communities A. Little (or No) Exposure to Members of Diverse Populations B. The There's Nothing to Fix Problem C. The My Life Has Been Hard! Problem D. The Everyone Has the Same Chance... |
2023 |
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| Brendan Williams |
DIVIDED WE FALL: THE CONCERTED ATTACK ON U.S. DEMOCRACY |
59 Willamette Law Review 121 (Spring, 2023) |
I. Introduction. 121 II. Beginning in Victory, Trump Broke Election Norms. 127 III. A Democracy Imperiled By Conspiracy Theories. 134 IV. 2022: Democracy Largely Defeats Dystopia. 156 V. Dystopia May Yet Prevail. 167 V. Conclusion. 186 |
2023 |
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| Stephen Clowney |
DO FRATERNITIES VIOLATE THE FAIR HOUSING ACT? AN EMPIRICAL STUDY OF SEGREGATION IN THE GREEK ORGANIZATIONS |
41 Yale Law and Policy Review 152 (Spring, 2023) |
Introduction. 153 I. Why Segregation in the Greek System Matters. 160 A. Greeks Dominate the Social Scene. 160 B. The Greeks Dominate Student Government. 164 C. The Greeks Control Access to Alumni Networks. 168 D. A Note on the Structure and Governance of the Greek Community. 169 II. The Greek System is Segregated. 171 A. Methodology. 173 B.... |
2023 |
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| Dushiyanthini (Toni) Kenthirarajah , Nicholas P. Camp , Gregory M. Walton , Aaron C. Kay , Geoffrey L. Cohen |
DOES "JAMAL" RECEIVE A HARSHER SENTENCE THAN "JAMES"? FIRST-NAME BIAS IN THE CRIMINAL SENTENCING OF BLACK MEN |
47 Law and Human Behavior 169 (February, 2023) |
Objective: Using archival and experimental methods, we tested the role that racial associations of first names play in criminal sentencing. Hypotheses: We hypothesized that Black defendants with more stereotypically Black names (e.g., Jamal) would receive more punitive sentences than Black defendants with more stereotypically White names (e.g.,... |
2023 |
Yes |
| Bertrall Ross, Atiba Ellis, Luis Fuentes-Rohwer |
ELECTION LAW ISSUES IN THE PAST, PRESENT, AND POSTERITY: ELECTION GAMESMANSHIP |
54 University of Toledo Law Review 407 (Symposium 2023) |
Remarks by: Bertrall Ross, Professor of Law, University of Virginia School of Law Atiba Ellis, Laura B. Chisolm Distinguished Research Scholar and Professor of Law, Case Western Reserve University School of Law Luis Fuentes-Rohwer, Professor of Law, Indiana University Maurer School of Law Moderated by: Jessica Knouse, Professor of Law, University... |
2023 |
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| Antonio M. Coronado |
ENVISIONING REPARATIVE LEGAL PEDAGOGIES |
30 Clinical Law Review 65 (Fall, 2023) |
As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... |
2023 |
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| Emily Galvin-Almanza |
EQUAL MERCY: INCREASING LEGAL SYSTEM EQUITY WITH COLLABORATIVE DEFENSE |
38 Ohio State Journal on Dispute Resolution 93 (2023) |
I. Introduction II. The System in Which We Operate: Criminal Law and Racial Bias A. The Law Only Exists as It Is Applied B. Bias In, Bias Out C. The Pressures That Perpetuate Bias III. Seeking Equal Mercy IV. The Potential of Public Defense V. A New Model of Service VI. Changing the Change-Makers VII. In Conclusion: A Path Forward In the American... |
2023 |
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| Neoshia R. Roemer |
EQUAL PROTECTION FOR THE BENEFICIARIES (PARENTS) OF COLONIALISM |
71 University of Kansas Law Review 595 (May, 2023) |
Parents' rights are in flux right now. As loud as some critics are about the strengthening of parents' rights and protections, it seems that those protections are largely meant to serve the beneficiaries of colonialism. Haaland v. Brackeen provides a prime example of these times as beneficiaries of colonialism challenge the Indian Child Welfare Act... |
2023 |
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| Cara McClellan |
EVADING A RACE-CONSCIOUS CONSTITUTION |
25 University of Pennsylvania Journal of Constitutional Law Online 1 (January, 2023) |
There is a world of difference between the situation this Court confronted in Brown, the separate but equal doctrine that was designed to exclude African Americans based on notions of racial inferiority and subjugate them, which, as this Court recognized, the school children affected their hearts and minds in a way unlikely ever to be undone . and... |
2023 |
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| David S. Cecelski |
EXPERT REPORT OF DR. DAVID CECELSKI |
4 North Carolina Civil Rights Law Review 220 (Fall, 2023) |
IV. UNC-CH's History of White Supremacy and Racist Exclusion. 220 V. The State of North Carolina's History of Racial Discrimination in Public Education. 228 VI. Conclusions. 235 |
2023 |
Yes |
| Uma Mazyck Jayakumar |
EXPERT REPORT OF DR. UMA JAYAKUMAR |
4 North Carolina Civil Rights Law Review 108 (Fall, 2023) |
III. Factual Background and Assumptions. 109 IV. Educational Benefits of Diversity. 110 V. Obtaining Dynamic Diversity on College Campuses. 113 A. Obtaining the Educational Benefits of Diversity Requires Meaningful Student Participation and Cross-Racial Interaction. 114 1. Meaningful Participation. 114 2. Meaningful Cross-Racial Interactions. 119... |
2023 |
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| Jacob A. Bennett, M.F.A., Ph.D., Todd A. DeMitchell, Ed.D. |
FEDERAL DISTRICT COURT FINDS PLAUSIBLE CLAIMS AGAINST "DIVISIVE CONCEPTS" LAW: LOCAL 8027, AFT-N.H., AFL-CIO v. EDELBLUT |
414 West's Education Law Reporter 1 (########) |
On January 12, 2023, at a public hearing of bills before the New Hampshire House Education Committee, Deborah Nelson had just finished delivering her testimony in support of HB61, which would repeal the state's divisive concepts legislation passed in 2021. When the committee chair asked if there were any follow-up questions, Representative Alicia... |
2023 |
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| David L. Noll , Luke P. Norris |
FEDERAL RULES OF PRIVATE ENFORCEMENT |
108 Cornell Law Review 1639 (November, 2023) |
The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between substantive rights and the procedure used to adjudicate them. The role of procedure, the... |
2023 |
Yes |
| Marissa Jackson Sow |
FIGHTING FOR WHITENESS IN UKRAINE |
56 Creighton Law Review 129 (March, 2023) |
Teri McMurtry-Chubb's Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy offers groundbreaking insights into the gendered economic hierarchies internal to the body politic of Whiteness through its examination of the limitations that plantation overseers' contracts in the... |
2023 |
Yes |
| Dawn C. Nunziato |
FIRST AMENDMENT PROTECTIONS FOR "GOOD TROUBLE" |
72 Emory Law Journal 1187 (2023) |
In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech--the preferred response within our constitutional framework--but also by efforts by the... |
2023 |
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