Law Commons^™

Contract Law & Racial Inequality: A Primer, Danielle Kie Hart

St. John's Law Review

(Excerpt)

America was founded on institutionally recognized and supported oppression, namely, slavery and conquest. So, the fact that the inequality spawned by this oppression continues to exist today should surprise absolutely no one. That said, the extent of the racialized social and economic inequality that pervades American society today is being exposed in horrifying and glaring detail, as a result of the COVID-19 pandemic.

African Americans, the Latinx community, indigenous communities, and immigrants are at much greater risk of getting sick and dying from COVID-19 because of now widely-acknowledged systemic health and social inequality and inequity. More specifically, in July …

The Emergency Next Time, Noa Ben-Asher

Faculty Publications

This Article offers a new conceptual framework to understand the connection between law and violence in emergencies. It is by now well-established that governments often commit state violence in times of national security crisis by implementing excessive emergency measures. The Article calls this type of legal violence “Emergency-Affirming Violence.” But Emergency Violence can also be committed through governmental non-action. This type of violence, which this Article calls, “Emergency-Denying Violence,” has manifested in the crisis of the COVID-19 pandemic.

The Article offers a taxonomy to better understand the phenomenon of Emergency Violence. Using 9/11 and COVID-19 as examples, the Article proposes …

An Unintended Abolition: Family Regulation During The Covid-19 Crisis, Anna Arons

Faculty Publications

In a typical year, New York City’s vast family regulation system, fueled by an army of mandated reporters, investigates tens of thousands of reports of child neglect and abuse, policing almost exclusively poor Black and Latinx families even as the government provides those families extremely limited support. When the City shut down in the wake of the COVID-19 pandemic, this system shrunk in almost every conceivable way as mandated reporters retreated, caseworkers adopted less intrusive investigatory tactics, and family courts constrained their operations. The number of reports fell, the number of cases filed in court fell, and the number of …