Digital Commons Network^™

Reflections On Critical Race Theory In A Time Of Backlash, Athena D. Mutua

Journal Articles

Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging polit- ical campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the miseducation of the American populace, including its children. The campaign suggests, in the case of race, that efforts to promote racial justice, combat racism, and employ race as an analytical lens—antiracism—is racist. That is, the right- wing argument has shifted …

Racial Isolation, School Police, And The “School-To-Prison Pipeline”: An Empirical Perspective On The Enduring Salience Of “Tipping Points”, Michael Heise

Buffalo Law Review

Two broad trends inform public K-12 education’s current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource officer (“SRO/police”) presence in schools. Increases in the magnitude of a school’s SRO/police presence correspond with increases in the school’s propensity to engage law enforcement agencies in student disciplinary matters which, in turn, help fuel a growing school-to-prison pipeline problem. While these two broad trends propel two distinct research literatures, …

The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy

Buffalo Law Review

No abstract provided.

Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore

Panel III: Moving Forward

No abstract provided.

Transcript, Zulene Mayfield, Will Jones, Tyler White, Chantal Reyes, Maria Lopez-Nuñez, Steph Tai

Panel II: Reshaping EJ Law & Social Policy

No abstract provided.

Transcript, Zulene Mayfield, Louis Morse, Sheila Foster, Michael Churchill, Gilbert Carrasco, Mike Ewall

Panel I: Learning from Title VI

No abstract provided.

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Introduction: Special Issue On Racial Capitalism And Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

No abstract provided.

Reparations For Slavery: A Productive Strategy?, Makau Wa Mutua

Contributions to Books

Published as Chapter 1 in Time for Reparations: A Global Perspective, Jacqueline Bhabha, Margareta Matache & Caroline Elkins, eds.

Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham

Journal Articles

Fifty-two years ago, Congress enacted a one-of-a-kind civil rights directive. It requires every federal agency—and state and local grantees by extension—to take affirmative steps to undo segregation. In 2020, this overlooked Fair Housing Act provision—the “affirmatively furthering fair housing” or “AFFH” mandate—has heightened relevance. Perhaps most visible is Donald Trump’s racially charged “protect the suburbs” campaign rhetoric. In an apparent appeal to suburban constituents, his administration repealed a race-conscious fair housing rule, replacing it with a no-questions-asked regulation that elevates “local control” above civil rights.

The maneuver is especially stark as protesters fill the streets, marching in opposition to systemic …

Environmental Justice And Pennsylvania's Environmental Rights Amendment: Applying The Duty Of Impartiality To Discriminatory Siting, Jacob Elkin

Panel II: Reshaping EJ Law & Social Policy

Since the 1970s, there has been a growing awareness that environmental hazards are disproportionately sited in low-income communities and communities of color. Under the label of the environmental justice movement, community groups have pursued various means to fight against the discriminatory concentration of environmental burdens in their neighborhoods. Yet in its Civil Rights Act and Equal Protection Clause jurisprudence, the Supreme Court has largely shut the door on federal environmental justice litigation by requiring plaintiffs to prove that the government acted with discriminatory intent in its siting and permitting decisions.

This Note argues that Pennsylvania’s Environmental Rights Amendment provides an …

Classcrits Time?: Building Institutions, Building Frameworks, Athena D. Mutua

Journal Articles

This essay chronicles the development of ClassCrits, an organization of US legal scholars that seeks to ground economic analyses in progressive legal jurisprudence. Today, ClassCrits ideas may resonate with a broader audience. I attribute this institutional success partly to ClassCrits’ commitment to: an interdisciplinary “big tent” openness, safe and responsive space, and praxis and collaboration. I then explore three key topics in a selection of ClassCrits writings on class and law: (1) neoliberal entrenchment and preservation; (2) class oppression; and (3) the intersecting oppression of class and race. I argue that ClassCrits scholarship on law and neoliberalism is productively viewed …

Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic

Buffalo Law Review

No abstract provided.

Liberalism's Identity Politics: A Response To Professor Fukuyama, Athena D. Mutua

Journal Articles

No abstract provided.

The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa

Journal Articles

No abstract provided.

Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman

Buffalo Public Interest Law Journal

This article seeks to explain how a relative newcomer to constitutional anti-discrimination jurisprudence, secular identity, has managed to gamer a far higher degree of protection than historically suspect classes, such as race and gender. It attributes this phenom- enon to the "separate but equal" model of equality inherent in the doctrine of "separation of church and state." It notes that, despite acknowledging that government segregation is per se unequal in the Brown decision, the Supreme Court has continued to enforce religious segregation as a requirement of the Establishment Clause. In doing so, the Court has created a new type of …

Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson, Joel E. Black

Book Reviews

No abstract provided.

The Origins Of African American Interests In International Law, Henry J. Richardson Iii

Buffalo Human Rights Law Review

No abstract provided.

The Availability Of Domestic Violence Services For Latinas In New York State: Phase Ii Investigation, Jenny Rivera

Buffalo Public Interest Law Journal

No abstract provided.

Assimilation, Pluralism And Multiculturalism: The Policy Of Racial/Ethnic Identity In America, Anita Christina Butera

Buffalo Human Rights Law Review

No abstract provided.

Human Rights, Environment & Community: A Workshop: Presentation By Joseph Hill, Joseph Hill

Buffalo Environmental Law Journal

No abstract provided.

Race And Representation: A Study Of Legal Aid Attorneys And Their Perceptions Of The Significance Of Race, Roland Acevedo, Edward Hosp, Rachel Pomerantz

Buffalo Public Interest Law Journal

No abstract provided.

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson

Buffalo Law Review

No abstract provided.

Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon

Buffalo Public Interest Law Journal

No abstract provided.

South Africa: Divided Or United By Color - A Detailed Look At The Legal Resources Centre, Lourdes M. Ventura

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Being White, Thomas Ross

Buffalo Law Review

Book review of Ian Haney Lopez's White by Law—The Legal Construction of Race

Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent

Journal Articles

No abstract provided.

The Future Of Racial Redistricting In Voting: Clark V. Calhoun County, Mississippi., Paul H. Dickerson

In the Public Interest

No abstract provided.

Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.