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Articles 1 - 30 of 96
Full-Text Articles in Law and Race
Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez
Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez
Journal of Critical Race and Ethnic Studies
No abstract provided.
Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
Journal of Critical Race and Ethnic Studies
No abstract provided.
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose
BU Law Presentations
Poster for Jasmine Gonzales Rose's 2023 University lecture.
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Indiana Journal of Law and Social Equality
“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)
This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Faculty Scholarship
McCleskey v. Kemp1 operates as a barrier to using the Equal Protection Clause to achieve racial justice in criminal administration.2 By restricting the use of statistical evidence in equal protection challenges, McCleskey stifled the power of the discriminatory intent doctrine to combat the colorblind racism emanating from facially neutral criminal law statutes and governmental actions.3 But what if McCleskey had been decided differently? Given that Washington v. Davis4 held that the challenged law or governmental action had to be “traced to a discriminatory racial purpose,”5 could McCleskey have articulated an approach to equal protection doctrine …
Open Your Eyes: Teaching And Learning About Anti-Asian Racism And The Law In Canada, Angela Lee
Open Your Eyes: Teaching And Learning About Anti-Asian Racism And The Law In Canada, Angela Lee
Dalhousie Law Journal
Recently, policymakers, institutional actors, and the public have made greater efforts towards being attentive to issues relating to anti-racism and discrimination, as well as equity, diversity, and inclusion more broadly, prompted in part by growing calls for reconciliation with Indigenous peoples and the increasing visibility of the Black Lives Matter movement. Yet, there has been a relative dearth of attention paid to the specific ways in which anti-Asian racism manifests and is maintained, particularly in the Canadian context. More than just being a relic of the past, antiAsian racism is an ongoing phenomenon both within and beyond Canada’s borders, as …
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz Brooks
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz Brooks
Articles in Law Reviews & Other Academic Journals
The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy—it must not allocate credit.
This essay considers how …
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Michigan Law Review
A Review of McCleskey v. Kemp. By Mario Barnes, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 557, 581. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Race-Ing Antitrust, I. Bennett Capers, Gregory Day
Race-Ing Antitrust, I. Bennett Capers, Gregory Day
Faculty Scholarship
Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.
We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …
Ambivalent Advocates: Why Elite Universities Compromised The Case For Affirmative Action, Jonathan Feingold
Ambivalent Advocates: Why Elite Universities Compromised The Case For Affirmative Action, Jonathan Feingold
Faculty Scholarship
“The end of affirmative action.” The headline is near. When it arrives, scholars will explain that a controversial set of policies could not withstand unfriendly doctrine and less friendly Justices. This story is not wrong. But it is incomplete. Critically, this account masks an underappreciated source of affirmative action’s enduring instability: elite universities, affirmative action’s formal champions, have always been ambivalent advocates.
Elite universities are uniquely positioned to shape legal and lay opinions about affirmative action. They are formal defendants in affirmative action litigation and objects of public obsession. And yet, schools like Harvard and the University of North Carolina—embroiled …
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
University of Cincinnati Law Review
Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …
Colorblind Capture, Jonathan Feingold
Colorblind Capture, Jonathan Feingold
Faculty Scholarship
We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.
The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …
The Watts Gang Treaty: Hidden History And The Power Of Social Movements, William J. Aceves
The Watts Gang Treaty: Hidden History And The Power Of Social Movements, William J. Aceves
Faculty Scholarship
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local activists attributed the reduction in shootings to the Treaty. Even law enforcement officials grudgingly recognized the Treaty’s contribution to reducing gang violence and a corresponding decrease in homicides.
The origins of the Watts Gang Treaty can be traced to gang leaders recognizing that …
The Crt Of Black Lives Matter, Angela Onwuachi-Willig
The Crt Of Black Lives Matter, Angela Onwuachi-Willig
Faculty Scholarship
Critical Race Theory ("CR T"), or at least its principles, stands at the core of most prominent social movements of today-from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact, Critical Race Theorists have long defined CRT itself as a movement, one that has not only provided theoretical interventions regarding the relationship between race, racism, power, and the law, but that has also encouraged and, in fact, inspired and guided social movements. …
Free-Ing Criminal Justice, Bennett Capers
Free-Ing Criminal Justice, Bennett Capers
Michigan Law Review
A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Articles & Chapters
This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both longstanding and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other. Events over the last year have put this question into sharp relief. On the one hand, portions of the general public and at least some policymakers have signaled support for the demands of racial justice activists to reduce and eliminate systemic racism after too many tragedies …
Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington
Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington
Upper Level Writing Requirement Research Papers
No abstract provided.
Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos
Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos
UNF Graduate Theses and Dissertations
Data on school discipline inequities have shown disproportionate numbers of Black students suspended and expelled compared to their non-Black counterparts. Despite the implementation of evidence-based solutions such as positive behavior supports and intervention, educator professional development, and restorative practices aimed at closing the racial discipline gap, little to no change has occurred. Critical Race Theory is used as a lens for viewing racial hierarchies as a socially constructed tool to oppress people of color. This oppression can be seen in various aspects of society and in education, especially in school discipline. It is fueled by biases, both implicit and explicit. …
The New Penal Bureaucrats, Shaun Ossei-Owusu
The New Penal Bureaucrats, Shaun Ossei-Owusu
All Faculty Scholarship
he protests of 2020 have jump-started conversations about criminal justice reform in the public and professoriate. Although there have been longstanding demands for reformation and re-imagining of the criminal justice system, recent calls have taken on a new urgency. Greater public awareness of racial bias, increasing visual evidence of state-sanctioned killings, and the televised policing of peaceful dissent have forced the public to reckon with a penal state whose brutality was comfortably tolerated. Scholars are publishing op-eds, policy proposals, and articles with rapidity, pointing to different factors and actors that produce the need for reform. However, one input has gone …
Civil Rights Catch 22s, Jonathan Feingold
Civil Rights Catch 22s, Jonathan Feingold
Faculty Scholarship
Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.
I refer to …
A Prelude To A Critical Race Perspective On Civil Procedure, Portia Pedro
A Prelude To A Critical Race Perspective On Civil Procedure, Portia Pedro
Faculty Scholarship
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 rules are a technical, objective, neutral area; and avoidance of discussion of race or other aspects of identity unless there is a case, material, or scholarly topic that meets an unreasonably high standard. I emphasize the importance of a critical race analysis of civil procedure.
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
Faculty Scholarship
This is a reflective, analytical essay remarking on the role that Blackness has and continues to play in the construction, understanding and application of "black letter law." This essay is written from a Black and BlaQueer perspective and displays how a shift in standpoint--moving from the invisible, standard white "reasonable person"--underscores and illuminates the current legal and sociopolitical crisis we find ourselves in. It is continuation of the discussion began in my earlier articles "Furtive Blackness: On Blackness & Being," "The Strict Scrutiny of Black and BlaQueer Life" and the working paper "Sexual Profiling & BlaQueer Furtivity: BlaQueers On The …
When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin
When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin
Michigan Journal of Race and Law
Michigan Technology Law Review is proud to partner with our peers to publish this essay by Professor Jessica Eaglin on the intertwining social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.
Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito
Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito
Michigan Journal of Race and Law
Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the …
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
Publications
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 a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.
I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson
I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson
Department of Justice Studies Faculty Scholarship and Creative Works
Black women are increasingly targets of mass incarceration and reentry. Black feminist writers call attention to scholars’ need to intersectionalize analyses around how Black women interface with state systems and social institutions. This study foregrounds narratives from Black women to understand their plight while navigating reentry through a phenomenological approach. Through semi-structured interviews, narratives are analyzed using critical frameworks that authentically unearths the lived realities of participants. Themes reveal that for Black mothers, reentry can be just as criminalizing as engaging crime itself. These women face dire consequences around their mothering that induce them into tremendous bouts of trauma. Existing …
Bridging Race + Ip: The Challenges And Potential Of Utilizing Transdisciplinary Methods To Undo The Unbearable Whiteness Of Intellectual Property, Deidre Keller
Faculty Books and Book Contributions
This chapter is part of Approaches and Methodologies in Intellectual Property Research edited by Irene Calboli and Maria Lilla.
The Color Of Creatorship: Intellectual Property, Race, And The Making Of Americans (Introduction), Anjali Vats
The Color Of Creatorship: Intellectual Property, Race, And The Making Of Americans (Introduction), Anjali Vats
Book Chapters
INTELLECTUAL PROPERTY LAW, the body of legal doctrine and practice that governs the ownership of information, is animated by a dichotomy of creatorship and infringement. In the most often repeated narratives of creatorship/infringement in the United States, the former produces a social and economic good while the latter works against the production of that social and economic good. Creators, those individuals whose work is deemed protectable under copyright, patent, trademark, trade secret, and unfair competition law, create valuable products that contribute to economic growth and public knowledge. Infringers, those individuals who use the work of creators without their permission, steal …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …