Law Commons^™

B.T. And B.K.Cs. V. Hungary: Separating Roma Children From Their Mothers Before Births, Sara Apostol

Human Rights Brief

In June of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma mother, B.T., and her son after bringing a lawsuit against the Hungarian government for wrongfully violating their right to family life. The Hungarian government ordered the placement of B.T.’s unborn child into State care based on insufficient and dubious evidence used to justify such state action. This case focused on the prejudiced system that places Roma children into the State’s guardianship immediately after birth without evidence of imminent harm or other valid justification. Rather, it is based on the child’s ethnic and socio-economic …

Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham

Journal Articles

The second Trump administration began with an onslaught of executive orders, many aimed at curtailing the “invasion” of undocumented noncitizens into the U.S.. The purported danger? Hostile cartel, gang, and transnational criminal organization members entering the U.S. as wolves in sheep’s clothing— a phobia fueled by White supremacist ideologies like the Great Replacement theory that sensationalize outlier cases as the norm. Yet the reality behind the hysteria is that most of these noncitizens come to the U.S. in pursuit of refuge. They leave their countries, homes, and communities, not to wreak havoc in the U.S., but to flee the very …

Digital Redlining In The Smart City: Artificial Intelligence, Housing Law, And Structural Urban Inequality, Spurthi Nrusimhadevara

Undergraduate Scholarship and Creative Works

Artificial intelligence is increasingly used in urban housing systems, where it shapes decisions about tenant screening, rent pricing, lending, zoning, and neighborhood investment. Although these tools are often promoted as efficient and impartial, they frequently rely on historical data that reflect racial, economic, and spatial inequality. As a result, AI systems can reproduce discriminatory outcomes even when protected characteristics are not directly used. This paper examines digital redlining in the smart city and argues that algorithmic housing tools mirror long standing structural inequities that raise significant concerns under fair housing and civil rights law. It evaluates how automated screening, predictive …

Human Rights In The U.S.: Handbook For Public Interest Attorneys (2026 Version), Lauren E. Bartlett

Faculty White Papers

Legal services attorneys, public defenders, law clinics, and other public interest law practitioners, fight every day to secure basic rights for the most vulnerable persons in the U.S.—among them, people living in poverty, racial minorities, children, the elderly, and immigrants. Yet, U.S. law more often than not falls short of providing a “floor” of minimum protections for these marginalized individuals. More expansive guarantees are found under international human rights law, and some advocates in the U.S. successfully incorporate human rights norms, language and strategies into their domestic work to help advocate for increased protections.

This Handbook was designed for attorneys …

Situating Stillbirth Within A Reproductive Justice Methodology Amidst Perilous Politics, Jamie Abrams

Book Reviews

Stillbirth and the Law, published in 2025 by the University of California Press, offers both a deeply personal and rigorously insightful examination of how law, medicine, and policy intersect around stillbirth. Jill Lens brings her full self to this work in ways that reflect deep feminist roots cultivated over years of Lens’s impressive scholarly production. Lens channels her lived experience of stillbirth into a comprehensive analysis that combines data, theory, law, narrative, policy, and pragmatic solutions.

The reader leaves the book equally feeling Lens’s deep love and longing for her son, Caleb, and equipped with a lengthy list of tools, …

“No One Can Hear You Scream”: Intimate Partner Violence And Family Justice Centers In Rural America, Jordan Stevenson

Legal Writing Competition Winners

In rural Kentucky, where cars are a necessity to traverse the rugged Appalachian Mountains and sparsely populated farmlands, “Barbara’s” abusive husband couldn’t let her get away—so he set her car aflame. Although census-defined rural areas contain only 20% of the United States population, some studies have found that intimate partner violence is more common and severe in rural areas than urban or suburban regions. 

People, especially women, in rural areas experience intimate partner violence in unique ways tied to their geographic and cultural context. Consequently, organizations, courts, and law enforcement struggle to meet the needs of affected populations in rural …

Undemocratic: Antiabortion Politicians’ Attacks On Direct Democracy, Deborah Machalow

Journal of Race, Gender, and Ethnicity

This Article will highlight examples of antiabortion politicians abusing their positions throughout the initiative process to maintain their preferred antiabortion status quo during the 2024 election cycle, before Election Day—despite broad and increasing support for legal abortion. Ultimately, in only Arkansas, Florida, Nebraska, and South Dakota, antiabortion politicians succeeded; in Arizona, Colorado, Missouri, Montana, and Nevada citizens voted to expressly protect abortion in their state constitutions through the citizen-led initiative process.

Bodily Autonomy After Dobbs: A Queer Black Perspective, Eliot T. Tracz

Journal of Race, Gender, and Ethnicity

This article considers the impact of the Dobbs ruling from a black, queer perspective. It argues that the ripple effect of the Dobbs decision threatens the safety of queer black people in ways which, due to poor data collection, may not be widely understood or analyzed. It then suggests several ways in which the state and federal government can avoid these outcomes. Section II discusses the concept of bodily autonomy and the impact of the Dobbs decision. It begins by defining bodily autonomy as a concept with emphasis on the cases upon which it is founded. It then moves on …

The Case Against State Emotional Support Animal Documentation Laws, Krista Wirth

Animal Law Review

Under the Fair Housing Act (FHA), a tenant with a service animal or emotional support animal (ESA) may request a reasonable accommodation from their housing provider to have their assistance animal live with them in housing that might not otherwise permit animals. In recent years, several states have implemented laws that aim to address “fraudulent” emotional support animals (“state ESA laws”). These laws limit the types of acceptable verifying documentation or place requirements on a healthcare provider’s ability to produce documentation to verify an individual’s disability and disability related need for a support animal—documentation an individual often needs to support …

What Is Hate Speech? A Proposal For An Ordinary And Legal Definition, Hannah Van Dijcke

SJD Dissertations

The term “hate speech” has been stretched in legal and public debates to cover speech ranging from insults to Holocaust denial. This definitional stretching has consequences beyond mere conceptual confusion: it risks obscuring the profound harm that hate speech does, and it facilitates the term’s misuse.

In this dissertation, I aim to precisely define hate speech and its harm, both in an ordinary (colloquial or non-legal) sense and in a legal sense. To do so, I examine real-world examples of speech widely understood to express hate, including texts from the context of the Holocaust and the Rwandan genocide, and conduct …

Do-It-Yourself Reparations, Martha M. Ertman

Faculty Scholarship

The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white and black Americans, in the context of residential segregation over the past century. It contends that the equitable doctrine of restitution enables us to recognize and remedy the unjust enrichment enjoyed by white Baby Boomers caused by private law mechanisms such as racially restrictive covenants, all …

Prison Labor Exploitation, As Easy As “Pie”: Private Industry Exploitation Under Pie Certified Prison Work Programs, Jack Burum

Roger Williams University Law Review

No abstract provided.

The Disability History Of Brown V. Board Of Education, Britney R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson’s longstanding “separate but equal” mandate and ruled that the segregation of students based …

Bad Parenting On Trial: How Gender, Race, And Class Shape Parental Responsibility Prosecutions And Laws For School Shootings, Makayla R. Foust

Washington and Lee Journal of Civil Rights and Social Justice

In 2021, James and Jennifer Crumbley became the first parents in the United States to be found guilty of involuntary manslaughter in connection with their son’s school shooting that killed four people and injured multiple others. As school shootings continue to devastate communities across the country, prosecutors are increasingly holding parents criminally liable for their children’s actions. This development raises fundamental questions about justice, accountability, and the limits of criminal liability. While these laws aim to curb gun violence by enforcing parental accountability, they will disproportionately affect marginalized communities, particularly along gender, racial, and socioeconomic lines. As legal precedent expands, …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Dignity By Design: A Human-Centered Framework For Ethical Ai, Armin Tadayon

Washington and Lee Journal of Civil Rights and Social Justice

The launch of ChatGPT in November 2022 has triggered a global arms race–both among private technology companies and between nation states–for dominance in the field of Artificial Intelligence (AI). If this nascent technology, which is permeating every aspect of our lives as more companies across multiple sectors deploy it for a variety of functions, malfunctions or behaves in unanticipated ways, it can severely affect individuals in their day-to-day lives with broader consequences for society at large. As such, as AI permeates every aspect of our lives, and in some instances, begins to replace humans and human decision-making, it is imperative …

Chevron Deference, Prospective Gay Parents, And The Need For A Centralized Child Welfare System, Mantas Grigorovicius

Washington and Lee Journal of Civil Rights and Social Justice

For over four decades, Chevron deference allowed federal agencies to exercise considerable discretion in interpreting laws, enabling them to implement broad regulatory agendas. This deference was pivotal for administrative agencies, such as the U.S. Department of Health and Human Services (HHS), in shaping public policy. However, in 2024, the U.S. Supreme Court decided to overturn this precedent, shifting power from agencies to courts and potentially reshaping the regulatory landscape. This Article examines the implications of this change within the context of child welfare, focusing on HHS’s role in foster care. As states often rely on taxpayer-funded private child-placing agencies to …

Imprisoned Without A Verdict: The Constitutional Crisis Of Pre-Trial Solitary Confinement, Symone R. Gibbs

Washington and Lee Journal of Civil Rights and Social Justice

Kalief Browder’s name endures as a chilling reminder of the human cost of pre-trial solitary confinement. His story reveals the constitutional paradox and moral failure at the heart of this practice: Individuals who remain legally innocent are subjected to one of the harshest punishments the state can impose. This practice strips people of their liberty twice over, first through incarceration itself, and again through prolonged isolation that inflicts devastating psychological harm. Despite its severity, the use of solitary confinement against pre-trial detainees remains largely overlooked in legal scholarship and reform, even as it undermines the presumption of innocence, exacerbates systemic …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Toys As Evidence, Randall K. Johnson

Faculty Works

This Essay asks and answers a single question, which was posed during a recent symposium at the National Museum of Toys & Miniatures. Could the study of revealed preferences, which is the idea that observed behaviors are the best indicator of one’s beliefs, improve our collective understanding about what constitutes unlawful discrimination in certain U.S. markets? A possible answer, which is informed by the Brown v. Board of Education decision, is the study of revealed preferences may improve our collective understanding for three reasons.

One reason is the study of revealed preferences provides a window into how some producers and …

The Social Promise Of Hybrid Entities, Frederick M. Spight Jr.

American University Business Law Review

Many Historically Black Colleges and Universities (HBCUs) are struggling to stay afloat. These historic, and historically underfunded, institutions suffer from a chronic shortage of resources, leading to the notable closures of schools, like Concordia College. Some critics question the modern place of the HBCU as a relic of a bygone era. This article argues, however, that HBCUs are worth sustaining and provides the legal tool to do so: the hybrid entity. 

Hybrid entities arose from the social enterprise movement, which sought to harness the power of both nonprofit and for-profit organizations. Operating under the philosophy of “doing well, while doing …

Making Room For Cultural Humility In An Anti-Dei Space, Shelley Ward Bennett

Indiana Journal of Law and Social Equality

This Article analyzes the intersection of state anti-diversity, equity, and inclusion (DEI) laws and the American Bar Association (ABA) Standard 303(c)’s cross-cultural competency education mandate and offers suggestions for how these policies can coexist. The surge in anti-DEI laws issued in twenty states over the last four years has created challenges and uncertainty for public law schools and their professors seeking to include cultural competency instruction in their curriculum. Though some have expressed concerns that the requirements of state anti-DEI laws and Standard 303(c) may conflict, this Article proposes that such a conflict should not be presumed because Standard 303(c) …

Immortal Justice: Why The Henrietta Lacks Family Merits Restitution Today, Suzette Malveaux

Scholarly Articles

Almost three quarters of a century have passed since Henrietta Lacks had her cells biopsied from her cervix without her knowledge or consent. Upon discovering that Henrietta’s cells were immortal, scientists have been able to solve the most vexing medical problems of modern times and save countless lives worldwide. Aware of the cells’ scandalous origins, big pharma has nonetheless commercialized and wildly profited from the HeLa cell line without sharing the benefit with Henrietta’s family, who has been left traumatized and destitute by the initial theft.

Despite the passage of time, Henrietta’s family is seeking restitution today from pharmaceutical companies …

Incarceration As Sexualized Violence, Leigh S. Goodmark

Faculty Scholarship

Sexual violence—rape, sexual assault, strip and body cavity searches, surveillance, and reproductive abuse—is a regular occurrence in women’s prisons. Some of that violence is clearly illegal; some occupies a legally gray middle ground; and some is considered essential to the operation of the prison system. All of it, however, could violate the law if the victims were not incarcerated. Sexual violence is so pervasive within women’s prisons that incarceration can only be understood as a form of sexualized violence. Given the certainty that people incarcerated in women’s prisons will experience some form of sexual abuse, continued incarceration can only be …

Foreword, Patricia B. Barnett

Journal of Race, Gender, and Ethnicity

No abstract provided.

Oregon’S History Of Using The Law To “Stack The Deck” In Favor Of White Males, Janet Steverson

Lewis & Clark Law Review

The United States has a sordid, racist history that permeates society still today. The State of Oregon has its own racist history, systematically excluding persons of Black African ancestry in its early years. This Essay explains this history and how seemingly historical practices continue to provide advantages to some, while detrimentally impacting others. This history is put in context by providing explanations of particular terms and this Essay further explains why examining these historical laws are critical in moving forward.

Legislative Support Of Religious Policy In Ukraine Under Martial Law, Volodymyr Karpunets, Andrii Shevchuk, Oleksandr Bilchuk

Occasional Papers on Religion in Eastern Europe

The article examines the legislative framework of Ukraine's religious policy under the conditions of martial law caused by the full-scale armed aggression of the Russian Federation. The constitutional foundations of state-confessional relations are analyzed, particularly the provisions of Article 35 of the Constitution of Ukraine on freedom of conscience and religion, as well as Article 64, which provides for the possibility of temporary restrictions on religious rights under martial law. Key legislative acts are reviewed: the Laws of Ukraine "On Freedom of Conscience and Religious Organizations" (1991, with amendments in 2018 and 2019), "On the Legal Regime of Martial Law" …

A New Playbook: The Procedural Resilience Of Oregon’S Rooney Rule In The Wake Of Students For Fair Admissions V. Harvard, Jada I. Cook

CMC Senior Theses

This article evaluates the constitutionality of Oregon’s codified Rooney Rule considering the Supreme Court’s decision to end affirmative action in Students for Fair Admissions (SFFA) v. Harvard. Passed in 2009, the Oregon mandate requires public universities to include at least one minority applicant in the interview process for all head coaching vacancies. By analyzing the architectural origins of the Rooney Rule within the National Football League (NFL) and the systemic racial exclusion it sought to dismantle, this research explores whether interview-stage mandates, that are applied at the state level, can survive the rigorous application of the strict scrutiny standard. …