| Author | Title | Citation | Summary | Year | Keywords in Title or Summary |
| Allison Roda, Ryan Coughlan, Paul Tractenberg, Deirdre Dougherty |
MAKING SCHOOL INTEGRATION WORK IN NEW YORK CITY SCHOOLS: A LONG-TERM SOLUTION TO THE ENDURING PROBLEM OF SEGREGATION AND INEQUALITY |
48 Fordham Urban Law Journal 449 (February, 2021) |
New York City has one of the most segregated public school systems in the country. This is a pressing problem because school segregation creates a divide in access to well-trained teachers, advanced classes, and resources. Yet, in some gentrifying New York City neighborhoods, there are promising signs of more racially and socioeconomically diverse... |
2021 |
|
| Rabia Belt |
MASS INSTITUTIONALIZATION AND CIVIL DEATH |
96 New York University Law Review 857 (October, 2021) |
Most scholars who study felon disenfranchisement trace its roots back to Reconstruction. Southern states drew up laws to disenfranchise people convicted of felonies as an ostensibly race-neutral way to diminish the political power of newly freed Black Americans. Viewed against this historical backdrop, the onset of mass incarceration in the current... |
2021 |
|
| Russell K. Robinson |
MAYOR PETE, OBERGEFELL GAYS, AND WHITE MALE PRIVILEGE |
69 Buffalo Law Review 295 (April, 2021) |
296 Introduction. 296 I. Challenging Anti-Gay Stereotypes. 303 II. Is Pete Gay Enough?. 309 III. Pete as a Symbol of Respectability Politics. 316 A. An Examination of Racialized Respectability Politics in the Don't Ask, Don't Tell and Marriage Equality Movements. 317 B. Analyzing Buttigieg's Candidacy as the Embodiment of the Gay and... |
2021 |
Yes |
| Sharon Press , Ellen E. Deason |
MEDIATION: EMBEDDED ASSUMPTIONS OF WHITENESS? |
22 Cardozo Journal of Conflict Resolution 453 (Spring, 2021) |
We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Dr. Martin Luther King, Jr. This Article began with the murder of George Floyd by an officer of the Minneapolis Police Department on May 25, 2020, after a convenience store employee reported that... |
2021 |
Yes |
| Erika K. Wilson |
MONOPOLIZING WHITENESS |
134 Harvard Law Review 2382 (May, 2021) |
C1-2CONTENTS Introduction. 2384 I. White-Student Segregation and Social Closure. 2388 A. Defining Social Closure. 2390 B. Social Closure and Racial Segregation in Public Schools: Monopolies. 2392 1. Scarcity. 2393 2. Exclusion. 2396 3. Monopolization. 2400 C. The Normative Case for Regulating White-Student Segregation. 2404 1. Harms to Democracy.... |
2021 |
Yes |
| Breonne DeDecker, Davida Finger, Shana M. Griffin |
NEW ORLEANS EVICTIONS DURING COVID-19 (2020) |
30 Journal of Affordable Housing & Community Development Law 227 (2021) |
I. Introduction. 227 II. History of the Challenge. 231 III. Current Housing Inequities. 235 A. Evictions Filed in New Orleans During the 2020 Moratoria. 237 B. Insights From Eviction Court Monitoring. 239 C. Eviction Cases by Race. 247 IV. Implications for Further Study. 249 V. Conclusion. 251 |
2021 |
|
| Etienne C. Toussaint |
OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN |
52 Columbia Human Rights Law Review 826 (Winter, 2021) |
The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... |
2021 |
|
| Karissa Provenza |
OPERATING WITHIN SYSTEMS OF OPPRESSION |
18 Hastings Race and Poverty Law Journal 295 (Summer, 2021) |
I. INTRODUCTION. 297 II. DEFINITIONS AND ORIGINS OF TERMINOLOGY. 298 III. MODERN EXECUTION AND DISCRIMINATION. 299 IV. GATEKEEPING OF PROPERTY INTERESTS. 304 A. Property Interests of Whiteness. 304 B. Guarding Whiteness. 305 C. Property Interests in Male Supremacy. 306 V. THE EXCLUSIVITY OF AN OBJECTIVE LEGAL SYSTEM FORMED THROUGH A WHITE... |
2021 |
Yes |
| Lario Albarrán |
OWNING FRIDA KAHLO |
35 Emory International Law Review 627 (2021) |
--Hayden Herrera Frida Kahlo is undoubtedly one of the most recognizable names in art history. Her work epitomizes Mexican national and indigenous traditions and is regarded as an uncompromising depiction of the female experience and form. But her fame go |
2021 |
|
| Jordan Williams |
Pelosi says rioters chose their 'whiteness' over democracy |
2021 The Hill 74388 (January 9, 2021) |
House Speaker Nancy Pelosi (D-Calif.) said Saturday that the rioters who took part in the breach of the U.S. Capitol on Wednesday chose their whiteness" over democracy." |
2021 |
Yes |
| Jocelyn Simonson |
POLICE REFORM THROUGH A POWER LENS |
130 Yale Law Journal 778 (February, 2021) |
Scholars and reformers have in recent years begun to imagine new and different configurations for how the state can design policing institutions. These conversations have increased in volume and urgency in response to the 2020 national uprising against police violence, when radical demands born within social movements have gained... |
2021 |
|
| Aya Gruber |
POLICING AND "BLUELINING" |
58 Houston Law Review 867 (Symposium, 2021) |
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... |
2021 |
|
| Gwendoline M. Alphonso |
POLITICAL-ECONOMIC ROOTS OF COERCION--SLAVERY, NEOLIBERALISM, AND THE RACIAL FAMILY POLICY LOGIC OF CHILD AND SOCIAL WELFARE |
11 Columbia Journal of Race and Law 471 (July, 2021) |
The Article argues that at the core of the American neoliberal policy regime, of which child welfare is a critical part, lies an enduring raced family policy logic of two racially stratified standards: a punitive Black economic utility family standard and a supportive white domestic affection family standard, whose policy roots and practices trace... |
2021 |
Yes |
| Zainab Saleh , Haverford College |
PRECARIOUS CITIZENS: IRAQI JEWS AND THE POLITICS OF BELONGING |
44 PoLAR: Political and Legal Anthropology Review 107 (May, 2021) |
This article examines the politics and practices of citizenship among Iraqi Jews, using one woman's life history to explore the dynamics of exile and belonging. In 1950-1951, the Iraqi government issued a law that stripped Iraqi Jews who had migrated to Israel of their citizenship. Iraqi citizenship laws and directives did not only define citizens... |
2021 |
|
| Khiara M. Bridges |
PREGNANCY AND THE CARCERAL STATE |
119 Michigan Law Review 1187 (April, 2021) |
Policing the Womb: Invisible Women and the Criminalization of Motherhood. By Michele Goodwin. Cambridge University Press. 2020. Pp. xiv, 323. $29.99. In December 2018, Marshae Jones was five months pregnant when she got into an altercation with another woman, Ebony Jemison, in the parking lot of a Dollar General store in Pleasant Grove, Alabama.... |
2021 |
|
| Mary Crossley |
PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE |
30 Annals of Health Law and Life Sciences 101 (Summer, 2021) |
As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... |
2021 |
|
| Ralph M. Gerstein, J.D. |
Proof in Action for Personal Injuries Arising Out of Treatment Rendered at Medical Spa |
128 American Jurisprudence Proof of Facts 3d 389 (2021) |
Health and beauty are major industries in the United States, as well as around the world. Although proper diet and exercise go a long way towards preserving a youthful appearance, many people seek to do considerably more to improve their physical appearance. Millions of women, and quite a few men, have gone to beauty salons and spas for facials,... |
2021 |
|
| Jeremiah A. Ho |
QUEERING BOSTOCK |
29 American University Journal of Gender, Social Policy and the Law 283 (2021) |
I. Introduction. 284 II. Conceptualizations of Anti-Queer Stereotypes. 289 A. Modern Historical Origins. 289 B. Anti-Queer Stereotyping Effects in Law. 295 III. Anti-Stereotyping Strategies. 301 A. Gender Discrimination. 303 B. LGBTQ Discrimination. 315 1. Animus in Romer. 316 2. Dignity in Lawrence. 321 3. Anti-Stereotyping in Windsor &... |
2021 |
|
| Lynnise E. Phillips Pantin |
RACE AND EQUITY IN THE AGE OF UNICORNS |
72 Hastings Law Journal 1453 (May, 2021) |
This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley culture, centering on race and class. The Article demonstrates that the rise and fall of the unicorn startup Theranos and its founder,... |
2021 |
|
| Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick |
RACE AND GENDER AND POLICING |
21 Nevada Law Journal 885 (Spring, 2021) |
C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... |
2021 |
Yes |
| Jack M. Balkin |
RACE AND THE CYCLES OF CONSTITUTIONAL TIME |
86 Missouri Law Review 443 (Spring, 2021) |
C1-2Table of Contents Table of Contents. 443 I. Introduction. 444 II. The Cycle of Regimes. 445 A. Political Regimes in the Antebellum Era. 446 B. The Republican Regime. 449 D. The New Deal/Civil Rights Regime. 454 E. The Reagan Regime and the Culture Wars. 456 III. The Cycle of Polarization and Depolarization. 463 A. Racial Polarization in... |
2021 |
|
| Asad Rahim |
RACE AS UNINTELLECTUAL |
68 UCLA Law Review 632 (October, 2021) |
For the past forty years, efforts to racially integrate the nation's most selective universities have coalesced around a central idea: underrepresented racial minorities have unique perspectives, and universities are unable to provide the highest quality of education without incorporating those perspectives into their campus community. When... |
2021 |
|
| Steven A. Ramirez |
RACE IN AMERICA 2021: A TIME TO EMBRACE BEAUHARNAIS v. ILLINOIS? |
52 Loyola University Chicago Law Journal 1001 (Summer, 2021) |
Hate crimes and racially motivated violence spiked in the United States over the past few years. Our foreign adversaries seek to inflame racial divisions in our nation and turn American against American. This now forms a major threat to our national security and domestic tranquility. Indeed, in light of the attempted insurrection of January 6, 2021... |
2021 |
|
| Lu-in Wang |
RACE, DIGNITY, AND COMMERCE |
39 Journal of Law and Commerce 113 (Spring, 2021) |
The Journal's invitation to contribute a piece on racism and commerce was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society. I applaud the... |
2021 |
|
| Eleanor Brown, June Carbone |
RACE, PROPERTY, AND CITIZENSHIP |
116 Northwestern University Law Review Online 120 (July 24, 2021) |
The racial wealth gap is stunning. The net worth of an average White family is nearly ten times greater than that of an African-American family. A 2017 Prosperity Now report finds that for African-Americans, today's economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero... |
2021 |
Yes |
| Ion Meyn |
RACE-BASED REMEDIES IN CRIMINAL LAW |
63 William and Mary Law Review 219 (October, 2021) |
This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring... |
2021 |
Yes |
| Shannon Roesler |
RACIAL SEGREGATION AND ENVIRONMENTAL INJUSTICE |
51 Environmental Law Reporter (ELI) 10773 (September, 2021) |
One legacy of the environmental justice movement is documenting the unequal distribution of environmental harms and benefits throughout American society. These inequalities are inscribed in our urban physical spaces by laws and policies designed to exclude African Americans and other minority groups from lands and spaces constructed and preserved... |
2021 |
|
| Yuvraj Joshi |
RACIAL TRANSITION |
98 Washington University Law Review 1181 (2021) |
The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... |
2021 |
|
| Matiangai Sirleaf |
RACIAL VALUATION OF DISEASES |
67 UCLA Law Review 1820 (April, 2021) |
Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... |
2021 |
|
| Jasmine E. Harris |
RECKONING WITH RACE AND DISABILITY |
130 Yale Law Journal Forum 916 (June 30, 2021) |
Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient sociopolitical issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely... |
2021 |
|
| Erika George , Jena Martin , Tara Van Ho |
RECKONING: A DIALOGUE ABOUT RACISM, ANTIRACISTS, AND BUSINESS & HUMAN RIGHTS |
30 Washington International Law Journal 171 (March, 2021) |
Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights.... |
2021 |
|
| Beth Caldwell |
REFLECTIONS ON THE RIGHT TO MOVE FREELY ACROSS BORDERS |
50 Southwestern Law Review 359 (2021) |
The essays in this symposium highlight the depth and breadth of the injustice and inhumanity of U.S. immigration law. While injustice in immigration law is nothing new, the hateful rhetoric that has been routinely directed toward immigrants from the highest levels of government, and the extreme policies that accompany this rhetoric, have elevated... |
2021 |
|
| Philip Lee |
REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS |
70 Emory Law Journal 1475 (2021) |
Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... |
2021 |
Yes |
| Stéphanie Hennette-Vauchez |
RELIGIOUS NEUTRALITY, LAÏCITÉ AND COLORBLINDNESS: A COMPARATIVE ANALYSIS |
42 Cardozo Law Review 539 (May, 2021) |
C1-3Table of Contents L1-2Introduction . L3540 I. A Caveat to Comparability. 549 II. Modes of Reasoning. 552 A. Formalistic Legal Reasoning, Anti-Classification as Symmetry, and the Limited Reach of Anti-Discrimination Law. 552 B. Shielding Discrimination from Equality and Anti-Discrimination Law. 568 1. The Public/Private Divide as a Limit on... |
2021 |
|
| Aris Folley |
Rep. Bush calls Trump a 'white supremacist president' on House floor |
2021 The Hill 116833 (January 13, 2021) |
Newly sworn-in Rep. Cori Bush (D-Mo.) referred to President Trump as the white supremacist in chief in her remarks on the House floor on Wednesday as the lower chamber prepares to impeach the president for a second time. |
2021 |
Yes |
| Dov Fox |
REPRODUCING RACE IN AN ERA OF RECKONING |
105 Minnesota Law Review Headnotes 233 (Spring, 2021) |
Surrogacy, in vitro fertilization, and other methods of assisted reproduction have help to make hundreds of thousands of babies in the United States each year. Some parents are single; others are couples, whether same-sex or different-sex. They might face barriers to adoption, or struggle with infertility, hereditary conditions, or pregnancy risks... |
2021 |
|
| Jamelia N. Morgan |
RETHINKING DISORDERLY CONDUCT |
109 California Law Review 1637 (October, 2021) |
Disorderly conduct laws are a combination of common law offenses aimed at protecting the public order, peace, and tranquility. Yet, contrary to common legal conceptions, the criminalization of disorderly conduct is not just about policing behavior that threatens to disrupt public order or even the public's peace and tranquility. Policing disorderly... |
2021 |
|
| Rory Bahadur , Liyun Zhang |
SOCRATIC TEACHING AND LEARNING STYLES: EXPOSING THE PERVASIVENESS OF IMPLICIT BIAS AND WHITE PRIVILEGE IN LEGAL PEDAGOGY |
18 Hastings Race and Poverty Law Journal 114 (Summer, 2021) |
Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such... |
2021 |
Yes |
| Theresa Rocha Beardall, J.D., Ph.D. |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
21 Nevada Law Journal 1025 (Spring, 2021) |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
2021 |
|
| LaToya Baldwin Clark |
STEALING EDUCATION |
68 UCLA Law Review 566 (October, 2021) |
While most state constitutions include provisions that indicate a commitment to equal access to education within one state, that commitment remains unfulfilled. This Article shines a light on a practice that has been overlooked by those concerned about school district inequality, but that contributes to this incongruity: a phenomenon I call... |
2021 |
|
| Cristal E. Jones, M.B.A. , University of Oregon School of Law |
STILL STRANGERS IN THE LAND: ACHIEVEMENT BARRIERS, BURDENS, AND BRIDGES FACING AFRICAN AMERICAN STUDENTS WITHIN PREDOMINATELY WHITE LAW SCHOOLS |
39 Minnesota Journal of Law & Inequality 13 (Winter, 2021) |
This Article examines the barriers to an environment where African American law students no longer view themselves, and no longer are viewed as, what American abolitionist Harriet Tubman coined, a stranger in a strange land. In this Article, I explain the research on the structural, psychological, and social factors that face the African American... |
2021 |
Yes |
| Florence Wagman Roisman |
STRUCTURAL RACISM IN HOUSING IN INDIANAPOLIS |
18 Indiana Health Law Review 355 (2021) |
[N]ow arise political extremism, white supremacy, domestic terrorism that we must confront and we will defeat .. We face an attack on our democracy and on truth. A raging virus, growing inequity, the sting of systemic racism, a climate in crisis. Structural racism is a newly popular term but a long-standing problem. It has been defined as the... |
2021 |
Yes |
| |
SYMPOSIUM TRANSCRIPT |
33 Saint Thomas Law Review 107 (Spring, 2021) |
The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law. Daniel Gabuardi: Good morning everyone, and welcome to the St. Thomas Law Review Symposium on Race and Policing in America. My name is Daniel Gabuardi, I am the Law Review Article Solicitation Editor and Host... |
2021 |
|
| A. Mechele Dickerson |
SYSTEMIC RACISM AND HOUSING |
70 Emory Law Journal 1535 (2021) |
After the Great Depression and World War II, political leaders in this country enacted laws and adopted policies that made it easy for families to buy homes and increase their household wealth. This housing relief was limited to whites, though. Blacks and Latinos have always struggled to buy homes or even find safe and affordable rental housing.... |
2021 |
Yes |
| Anjali Vats |
TEMPORALITY IN A TIME OF TAM, OR TOWARDS A RACIAL CHRONOPOLITICS OF INTELLECTUAL PROPERTY LAW |
61 IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property 673 (2021) |
This Article examines the intersections of race, intellectual property, and temporality from the vantage point of Critical Race Intellectual Property (CRTIP). More specifically, it offers one example of how trademark law operates to normalize white supremacy by and through judicial frameworks that default to Euro-American understandings of time.... |
2021 |
Yes |
| Steven A. Dean , Attiya Waris |
TEN TRUTHS ABOUT TAX HAVENS: INCLUSION AND THE "LIBERIA" PROBLEM |
70 Emory Law Journal 1657 (2021) |
There has been a decades-long effort to repair an increasingly fragile international tax system. One reason it has foundered has been what we identify as the Liberia problem. In 2000, the powerful Organization for Economic Cooperation and Development identified Liberia--but not Switzerland--as a tax haven and targeted it for sanctions. It did not... |
2021 |
|
| Osamudia James |
THE "INNOCENCE" OF BIAS |
119 Michigan Law Review 1345 (April, 2021) |
Biased: Uncovering the Hidden Prejudice that Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York: Viking. 2019. Pp. 340. Cloth, $28; paper, $18. It's simple to explain, but not so easy to see or to rectify. --Eberhardt, p. 279. If multiculturalism was central to the progressive zeitgeist of the 1990s, unconscious bias was the same... |
2021 |
|
| Omarr Rambert |
THE ABSENT BLACK FATHER: RACE, THE WELFARE-CHILD SUPPORT SYSTEM, AND THE CYCLICAL NATURE OF FATHERLESSNESS |
68 UCLA Law Review 324 (May, 2021) |
The perception of Black fathers is that they are largely absent from their children's lives, and that such absence--and the ensuing experience of growing up fatherless--is a direct cause of social issues in Black communities. Through media representations and policymaking, the absent Black father narrative has taken shape over the past fifty years,... |
2021 |
|
| Tsedale M. Melaku |
THE AWAKENING: THE IMPACT OF COVID-19, RACIAL UPHEAVAL, AND POLITICAL POLARIZATION ON BLACK WOMEN LAWYERS |
89 Fordham Law Review 2519 (May, 2021) |
Concrete barriers have always played a significant role in preventing Black lawyers from reaching the coveted position of partner in law firms. These barriers include an inability to gain initial access of entry into firms, the lack of professional development and training, and being shut out of networking opportunities and sponsorship. Compounded... |
2021 |
|
| Fady. J.G. Aoun |
THE BELATED AWAKENING OF THE PUBLIC SPHERE TO RACIST BRANDING AND RACIST STEREOTYPES IN TRADEMARKS |
61 IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property 545 (2021) |
*Readers are advised that this Article contains highly offensive, demeaning, and derogatory representations of Indigenous Australians, Native Americans, Black and ethnic minorities. While these may cause serious offense, they have been included here to provide a more accurate account of the racist trademarks and racist branding circulating in... |
2021 |
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