AuthorTitleCitationSummaryYearKeywords in Title or Summary
Michael Swistara WHAT COMES AFTER DEFUND?: LESSONS FROM POLICE AND PRISON ABOLITION FOR THE ANIMAL MOVEMENT 28 Animal Law 89 (2022) As the mass incarceration crisis skyrocketed, the animal protection movement adopted many of the mechanisms of the carceral state. Improving the status of animals was equated with pushing for lengthier sentences for those who caused harm to animals, placing more people into cages for longer periods of time. This disproportionally harmed Black,... 2022  
Sonia M. Gipson Rankin WHAT'S (RACE IN) THE LAW GOT TO DO WITH IT: INCORPORATING RACE IN LEGAL CURRICULUM 54 Connecticut Law Review 923 (July, 2022) Gen Z is defined as including persons born after 1996 and, in 2018, the first Gen Z would have been twenty-two years old, the historically traditional age that many complete undergraduate studies and enter law school. With Gen Z entering law schools, the legal academy has been wholeheartedly preparing for the arrival of the first truly digital... 2022  
Tammi S. Etheridge WHAT'S THE BEEF? THE FDA, USDA, AND CELL-CULTURED MEAT 78 Washington and Lee Law Review 1729 (2022) Over the past ten years, administrative law scholarship has increasingly focused on interactions between multiple agencies. As part of this trend, most scholars have called for policymakers to combine multiple agencies, rather than rely on a single agency, to solve policy problems. The literature in this area espouses the benefits of shared... 2022  
Aaron Roberson WHITE HAIR ONLY: WHY THE CONCEPT OF IMMUTABILITY MUST BE EXPANDED TO ADDRESS HAIR DISCRIMINATION AGAINST BLACK WOMEN IN THE WORKPLACE 99 University of Detroit Mercy Law Review 223 (Winter, 2022) Imagine you are a white woman in a Black dominated industry. You are fully qualified for a position in the company of your choosing. You apply to a company, receive an interview, and exceed expectations only to be turned away because your hairstyle was too straight. Not because your hair was in an unkept, dirty, or distracting style but because... 2022 Yes
Osamudia James WHITE INJURY AND INNOCENCE: ON THE LEGAL FUTURE OF ANTIRACISM EDUCATION 108 Virginia Law Review 1689 (December, 2022) In the wake of the racial reckoning of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in... 2022 Yes
Elena Baylis WHITE SUPREMACY, POLICE BRUTALITY, AND FAMILY SEPARATION: PREVENTING CRIMES AGAINST HUMANITY WITHIN THE UNITED STATES 2022 University of Illinois Law Review 1475 (2022) The United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, but in fact, there is a real risk of crimes against humanity occurring within the United States. This risk is illustrated by well-known events such as systemic police brutality against Black Americans, the federal family... 2022 Yes
Vida B. Johnson WHITE SUPREMACY'S POLICE SIEGE ON THE UNITED STATES CAPITOL 87 Brooklyn Law Review 557 (Winter, 2022) The attack that took place at the nation's Capitol on January 6, 2021, has proven that white supremacy and far-right extremism in policing are some of our country's most dangerous problems. I have previously written about the crisis of white supremacists in law enforcement, and I am not alone. The Federal Bureau of Investigation (FBI) has issued... 2022 Yes
Christian Powell Sundquist WHITE VIGILANTISM AND THE RACISM OF RACE-NEUTRALITY 99 Denver Law Review 763 (Summer, 2022) Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This... 2022 Yes
Marissa Jackson Sow WHITENESS AS CONTRACT 78 Washington and Lee Law Review 1803 (2022) 2020 forced scholars, policymakers, and activists alike to grapple with the impact of twin pandemics--the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities--on American society. As atrocious acts of anti-Black violence and harassment... 2022 Yes
Marissa Jackson Sow WHITENESS AS GUILT: ATTACKING CRITICAL RACE THEORY TO REDEEM THE RACIAL CONTRACT 69 UCLA Law Review Discourse 20 (2022) The year of racial justice awakening following George Floyd's 2020 murder have been accompanied by a rise in attacks on Black thought, including Critical Race Theory, led by far-right activists who are invested in maintenance of a white supremacist status quo in the United States. This Essay uses artist Kara Walker's 2014 Sugar Sphinx to... 2022 Yes
A.E. Dick Howard WHO BELONGS: THE CONSTITUTION OF VIRGINIA AND THE POLITICAL COMMUNITY 37 Journal of Law & Politics 99 (Spring, 2022) I. Introduction. 100 II. The Evolution of the Virginia Constitution. 103 A. The Common Benefit: The 1776 Constitution. 103 B. The 1830 Constitution: Debating the Franchise. 105 C. Constitutional Disruption: Civil War and Reconstruction. 106 D. The White Supremacist Constitution of 1902. 108 E. A Return to Inclusion: The 1971 Constitution and the... 2022 Yes
Ebony McKeever WHO TURNED OUT THE LIGHTS?: HOW CRITICAL RACE THEORY BANS KEEP PEOPLE IN THE DARK 15 Washington University Jurisprudence Review 111 (2022) Agnotology is the study of ignorance making, the lost and forgotten .. [K]nowledge that could have been but wasn't, or should be but isn't. In other words, in part, agnotology is the study of manufactured ignorance. It is an examination of ignorance, confusion, and deceit intentionally created to fulfill a purpose such as selling a product or... 2022  
Lynn D. Lu WHO'S AFRAID OF BOB JONES? "FUNDAMENTAL NATIONAL PUBLIC POLICY" AND CRITICAL RACE THEORY IN A DELICATE DEMOCRACY 25 CUNY Law Review 93 (Winter, 2022) Introduction. 93 I. Reading Bob Jones. 96 A. The Road to the Supreme Court. 96 B. A Roadmap to Fundamental National Public Policy. 99 II. Bob Jones: Slippery Slope or Dead End?. 103 A. Testing the Limits of FNPP. 103 B. Unanswered Questions. 105 1. Pluralism. 105 2. Remedies for Racial Discrimination. 107 3. Redistributive Economic Justice. 108... 2022  
Malik Edwards, William A. Darity Jr. WHY COLOR-BLIND SOLUTIONS WON'T SOLVE THE RACIAL WEALTH GAP: HOW WE CAN OVERCOME THE CONSTITUTIONAL HURDLES TO RACE CONSCIOUS REMEDIES IN ADDRESSING THE WEALTH GAP 110 Kentucky Law Journal 769 (2021-2022) Table of Contents. 769 Introduction. 770 I. Constitutional Challenge. 771 A. How Did We Get Here?. 775 II. Guiding Remedies to Address the Racial Wealth Gap. 781 A. Compelling Interest. 781 B. Narrowly Tailored. 786 2022  
Cedric Merlin Powell WOKE? 25 Green Bag 123 (Winter, 2022) Conflating the whitelash against anti-racist activism and policy advocacy with a reverse racism conceit ripe with the fervor of a new religion, John McWhorter, Columbia University linguist and social commentator, unearths a new Black pathology-- Woke Racism--a religion of wokeness that threatens to betray Black America. America is in the looking... 2022 Yes
H. Timothy Lovelace, Jr. XENOPHOBIC CONSPIRACY THEORIES AND THE LONG ROOTS OF JANUARY SIXTH 85 Law and Contemporary Problems 19 (2022) On January 6, 2021, insurrectionists stormed the U.S. Capitol. The insurrectionists supported President Donald Trump's false claims that the 2020 presidential election was stolen through election fraud. One of the central claims underlying what white nationalists called the Stop the Steal campaign was that foreign voting companies manipulated the... 2022 Yes
Roopa Bala Singh YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 99 Denver Law Review 725 (Summer, 2022) Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... 2022 Yes
Samantha M. Caspar , Artem M. Joukov YOU CAN CHECK-IN ANY TIME YOU LIKE, BUT YOU CAN NEVER LEAVE: FORCED MENTAL HEALTH TREATMENT AND ADVANCE DIRECTIVES 40 Quinnipiac Law Review 395 (2022) Last thing I remember, I was running for the door I had to find the passage back to the place I was before Relax, said the night man, we are programmed to receive. You can check-out any time you like, but you can never leave. - Eagles, Hotel California I. Introduction. 396 II. The American Mental Illness Epidemic. 400 A. Depression. 402 B.... 2022  
Subini Ancy Annamma , Jamelia Morgan YOUTH INCARCERATION AND ABOLITION 45 New York University Review of Law and Social Change 471 (2022) The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in summer 2020, has... 2022  
Benjamin H. Pollak "A NEW ETHNOLOGY": THE LEGAL EXPANSION OF WHITENESS UNDER EARLY JIM CROW 39 Law and History Review 513 (August, 2021) Scholars of race and law have long agreed that American courts protected whiteness as any other form of property by defining it in ways that increased its value by reinforcing its exclusivity. This narrative has proved particularly seductive to scholars of the postbellum South, who have emphasized the ways in which Southern jurists and... 2021 Yes
Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. "NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY 43 Campbell Law Review 171 (2021) This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... 2021  
Christopher Gevers "UNWHITENING THE WORLD": RETHINKING RACE AND INTERNATIONAL LAW 67 UCLA Law Review 1652 (April, 2021) International law was invented in 1789 when Jeremy Bentham introduced the term to replace the outmoded Law of Nations. Since then, international lawyers have spent a lot of time thinking about whether international law is in fact law, and little or no time considering how international law is international, or what international actually means.... 2021 Yes
Deepa Das Acevedo (IM)MUTABLE RACE? 116 Northwestern University Law Review Online 88 (July 15, 2021) Courts rarely question the racial identity claims made by parties litigating employment discrimination disputes. But what if this kind of identity claim is itself at the core of a dispute? A recent cluster of reverse passing scandals featured individuals--Rachel Dolezal and Jessica Krug among them--who were born white, yet who were... 2021 Yes
Angela Onwuachi-Willig, Anthony V. Alfieri (RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 130 Yale Law Journal 2052 (June, 2021) This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... 2021 Yes
Leslie Patrice Culver (UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY 21 Nevada Law Journal 655 (Spring, 2021) IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... 2021  
Christine Stewart, MD, Betty Brutman, MD, JD § 42:135. Symptoms-Generally 6 Attorneys Medical Advisor 42:135 (September 2021 Update) HAVS generally may present with two primary clusters of symptoms: Vascular, which causes the blanching or whiteness of the fingers during attacks Sensorineural, which causes the subjective reports of numbness, tingling, and pain, and underlies the objective findings of sensory deficits in fine touch discrimination, and the like In the initial... 2021 Yes
  § 5:4. Race-Discriminatory application of law GOVDISCRIM Government Discrimination: Equal Protection Law and Litigation 5:4 (2021) The most celebrated equal protection violation cases in recent years have been those challenging the discriminatory impact of facially neutral laws. The problems of proof of such discrimination are discussed in § 3:4, supra. Although laws with such disparate impact are often invalidated under statutory standards, most constitutional challenges are... 2021  
Desirée D. Mitchell A CLASS OF ONE: MULTIRACIAL INDIVIDUALS UNDER EQUAL PROTECTION 88 University of Chicago Law Review 237 (January, 2021) When it comes to recognizing multiracial individuals under the Equal Protection Clause, courts have fallen short. Only rarely do courts explicitly identify multiracial plaintiffs as just that--multiracial. Instead, the majority of courts revert to a one-drop rule in which they view plaintiffs as only one part of their self-identified racial... 2021  
Susan S. Kuo , Benjamin Means A CORPORATE LAW RATIONALE FOR REPARATIONS 62 Boston College Law Review 799 (March, 2021) Introduction. 800 I. Reparations and Ethical Individualism. 805 A. Arguments for Reparations. 805 B. Ethical Individualism. 807 C. Responses to Ethical Individualism. 811 1. Continuing Wrong. 811 2. Unjust Enrichment. 813 3. Moral Taint. 816 4. Collective Responsibility. 817 II. United States, Inc. 820 A. Consequences of Personhood. 821 B. The U.S.... 2021  
Christina D. Ponsa-Kraus A PERFECTLY EMPTY GIFT 119 Michigan Law Review 1223 (April, 2021) Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. By Sam Erman. Cambridge: Cambridge University Press. 2019. Pp. xv, 275. Cloth, $49.99; paper, $29.99. Almost citizens. What does that even mean? It's like being kind of pregnant, isn't it? In other words, nonsense. Citizenship isn't an almost kind of thing. It's all or nothing.... 2021  
Portia Pedro A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE 107 Virginia Law Review Online 143 (June, 2021) In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... 2021  
Justin Desautels-Stein A PROLEGOMENON TO THE STUDY OF RACIAL IDEOLOGY IN THE ERA OF INTERNATIONAL HUMAN RIGHTS 67 UCLA Law Review 1536 (April, 2021) There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through... 2021  
Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE 11 Columbia Journal of Race and Law 533 (July, 2021) Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... 2021  
Rory Svoboda ADDRESSING RACIAL DISPARITIES IN TREATMENT FOR OPIOID USE DISORDER ON CHICAGO'S WEST SIDE 30 Annals of Health Law Advance Directive 279 (Spring, 2021) The opioid epidemic began in the 1990s and has since persisted with ferocity, wreaking havoc across the nation. Opioids are a class of drugs used to treat pain and can come in the form of prescription opioids, fentanyl, or heroin. Millions of Americans have felt the devastating effects of addiction to these drugs with white people, specifically... 2021 Yes
Laura P. Moyer , John Szmer , Susan Haire , Robert K. Christensen , University of Louisville, Louisville, Kentucky, USA. Email: laura.moyer @louisville.edu, Funding information, National Science Foundation, Grant/Award Numbers: 1654614, 1654559, 1654697, 'ALL EYES ARE ON YOU': GENDER, RACE, AND OPINION WRITING ON THE US COURTS OF APPEALS 55 Law and Society Review 452 (September, 2021) Because stereotyping affects individual assessments of ability and because of socializing experiences in the law, we argue that women and judges of color, while well-credentialed, feel pressure to work harder than their white male peers to demonstrate their competence. Using an original dataset of published appellate court opinions from 2008-2016,... 2021 Yes
William J. Aceves AMENDING A RACIST CONSTITUTION 170 University of Pennsylvania Law Review Online 1 (2021) Ours is a racist Constitution. Despite its soaring language, it was founded on slavery and a commitment to racial inequality. This vision is etched in the constitutional text, from the notorious Three-Fifths Clause to the equally repugnant Fugitive Slave Clause. And despite the Civil War and the Reconstruction Amendments, the Constitution retains... 2021  
Tiffany Li AN INCOMPLETE HISTORY OF EXCLUSION: MODERN AND CONTEMPORARY BLACK ART AND THE U.S. ART MUSEUM 30 Southern California Interdisciplinary Law Journal 795 (Spring, 2021) Who are the patrons of art, the museum board members, the collectors? Who is the audience for high culture? Who is allowed to interpret culture? Who is asked to make fundamental policy decisions? Who sets the priorities? Maurice Berger, Are Art Museums Racist? Historically white art museums have adopted policies of diversity and inclusion that are... 2021 Yes
Vasuki Nesiah AN UN-AMERICAN STORY OF THE AMERICAN EMPIRE: SMALL PLACES, FROM THE MISSISSIPPI TO THE INDIAN OCEAN 67 UCLA Law Review 1450 (April, 2021) This intervention gestures to histories of American empire from a perspective born outside America's shores--in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we... 2021  
Nikolas Bowie ANTIDEMOCRACY 135 Harvard Law Review 160 (November, 2021) Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It's planted whenever people treat one another as political equals, allowing everyone in the community, or demos, to share in exercising power, or kratos. Where democracy is allowed to blossom, it can undermine social hierarchies that have long seemed... 2021  
Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY 18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... 2021  
Olwyn Conway ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES 98 Denver Law Review 457 (Spring, 2021) The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... 2021 Yes
  Around the Nation 48 School Law Bulletin 5 (July 10, 2021) Teachers in Tennessee are henceforth restricted from discussing racism, white privilege, and unconscious bias based on a recent bill signed into law by Gov. Bill Lee. The restrictions take effect at the beginning of the 2021-2022 school year, and any school found out of compliance with the new law can legally have funds withheld by Tennessee... 2021 Yes
David Polin, J.D. Asbestosis 45 American Jurisprudence Proof of Facts 2d 1 (2021) Asbestos is a general term describing several varieties of silicate minerals, all having certain properties in common. All forms of asbestos are separable into fibers, which can be woven and fabricated, and they all have a high degree of thermal, electrical, and chemical resistance, thus making them excellent insulators. Asbestos is classified into... 2021  
Rashmi Dyal-Chand AUTOCORRECTING FOR WHITENESS 101 Boston University Law Review 191 (January, 2021) Autocorrect presumes Whiteness. Across a range of products and applications, autocorrect consistently corrects names that do not look White or Anglo. Sometimes autocorrect changes names to their closest Anglo approximations (as in Ayaan to Susan). Sometimes it suggests replacements that are not proper names (as in DaShawn to dash away). Often,... 2021 Yes
Anna Offit BENEVOLENT EXCLUSION 96 Washington Law Review 613 (June, 2021) The American jury system holds the promise of bringing commonsense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic exclusion based on income or wealth. The problem of unequal access to jury service based on socio-economic disparities is a... 2021  
Dianisbeth M. Acquie BEYOND THE BINARY: DECONSTRUCTING LATINIDAD AND RAMIFICATIONS FOR LATINX CIVIL RIGHTS 24 Harvard Latinx Law Review 13 (Spring, 2021) C1-2TABLE OF Contents I. Introduction. 13 II. Understanding and Misunderstanding Latinidad. 15 III. Proximity to Whiteness, Proximity to Otherness: Legal and Political Constructions of Whiteness Relative to Latinx Identity. 19 IV. Latinxs and the Equal Protection Clause: Close Reading of Hernandez v. New York. 23 V. Latinx Identity and Title VII.... 2021 Yes
Kim Vu-Dinh BLACK LIVELIHOODS MATTER: ACCESS TO CREDIT AS A CIVIL RIGHT AND STRIVING FOR A MORE PERFECT CAPITALISM THROUGH INCLUSIVE ECONOMICS 22 Houston Business and Tax Law Journal 1 (2021) Following the murder of an unarmed African-American male by a white police officer, in 2020 the nation erupted in protest, rallying to the call of Black Lives Matter, shining a light on the systemic racism engendered in American society. While the dialogue on racial inequality often focuses on police brutality and the political rights of... 2021 Yes
Chantel Johnson BLACK PEOPLE AND THE UNDUE WAR ON TAXES 31 Berkeley La Raza Law Journal 55 (2021) Black people are in a tax war with America and we are losing. America. That Lady has some nerve. Land of the Free, she boasts. But that means nothing if a group of people were slaughtered out of Their land, while another group of people were enslaved to tend the soil. America was built on racism--more specifically, white supremacy--and that is... 2021 Yes
Etienne C. Toussaint BLACK URBAN ECOLOGIES AND STRUCTURAL EXTERMINATION 45 Harvard Environmental Law Review 447 (2021) Residents of low-income, metropolitan communities across the United States frequently live in food apartheid neighborhoods--areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America's political economy... 2021  
Natalie P. Byfield BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE 53 Connecticut Law Review 619 (September, 2021) This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... 2021  
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19