Law and Race Commons^™

“Hits & Writs, Take Two”: Revising The Laws Of De Minimis Music Sampling, Jeffrey Prystowsky

Roger Williams University Law Review

No abstract provided.

Introduction For Roger Williams University Law Review, Symposium Issue, 2023-24, Gregory W. Bowman

Roger Williams University Law Review

No abstract provided.

Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown

Washington and Lee Journal of Civil Rights and Social Justice

The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …

High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg

Washington and Lee Journal of Civil Rights and Social Justice

Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled -- the public shaming for remarks that are deemed racist -- has had a chilling effect on having meaningful conversations about racism. What lost opportunities!

This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping …

Critical Theory & Commercial Law In The Sunshine, Christopher D. Hampson

UF Law Faculty Publications

In recent years, Florida and other states have attempted to expel critical legal theory, critical race theory, and all things “woke” from their institutions of higher education. At a time of professional cautiousness and chilled speech, this Essay aims to bring these ideas into the sunshine. I provide a rough background on critical theory and how it helps make sense of commercial law, including Contracts and Bankruptcy, two courses I teach at the University of Florida. Critical theory can help students learn how to navigate complex systems of laws, analyze the policy implications of legal rules, and represent their future …

Awakening The Law: Kate Stoneman—An Awakened Woman: Based Upon Albany Law School's Kate Stoneman Celebration Speech, Berta E. Hernández-Truyol

UF Law Faculty Publications

An essay discussing Awakening and how that affects the idea of status quo both in the legal field but also in other disciplines. Then applying Awakening to Kate Stoneman who fought for the termination of sex-based prohibitions and race-based exclusion for admission to the bar. Kate Stoneman was an awakened woman.

Constitutional Law—Dobbs V. Jackson Women’S Health Organization Will Likely Have A Negative, Disproportionate Impact On Women Of Color And Reassert Inferiority, Makiya Turntine

University of Arkansas at Little Rock Law Review

No abstract provided.

Diversity Disclosures: Unconstitutionally Compelled Speech By The Sec, Steven Cleveland

Faculty Articles

No abstract provided.

Ai Regulation In Health Care: How Washington State Can Conquer The New Territory Of Ai Regulation, Natalie Shen

Seattle Journal of Technology, Environmental, & Innovation Law

1. The use of artificial intelligence both generally and in the health care field has exploded over the last decade. AI is now used in the health care field in areas like disease diagnostics, patient engagement, and administrative tasks. In disease diagnostics specifically, AI is being used to make life-altering diagnoses. This technology, however, does not come without its risks. Specifically, inherent bias is deeply rooted in the AI algorithms. This is because humans are inherently bias, and humans are the people creating the AI algorithms. The problem is, however, is that there are no federal regulations to mitigate the risks …

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

Domestic Emergency Pretexts, Amy L. Stein

Indiana Law Journal

Whereas emergencies used to be the exception to the rule, they now seem to be the norm. Wildfires, hurricanes, flooding, and contagious diseases dominate our daily lives. Although these are not the traditional types of military emergencies of our past, these non-wartime emergencies can trigger some of the same emergency powers. And with their use comes some of the same concerns about abuses of such emergency powers. Much ink has been spilled analyzing the tradeoffs associated with necessary emergency powers and frequent abuses in the context of foreign threats—resulting in reduced privacy, civil liberties, and freedoms.

This Article is not …

Second Amendment Sanctuaries: Defiance, Discretion, And Race, Nicholas J. Johnson

Faculty Scholarship

Second Amendment Sanctuaries deploy nonenforcement policies and strategies in defiance of firearms laws of superior jurisdictions. The scholarship so far has focused on whether Second Amendment Sanctuary policies are legally enforceable. This Article advances the scholarship beyond questions of de jure validity by examining the potential for practical, de facto efficacy of Second Amendment Sanctuary policies. This Article concludes that even where Second Amendment Sanctuaries have weak claims to formal validity, defiant public officials still have broad opportunities to implement Second Amendment Sanctuary policies through the exercise of enforcement discretion. The conclusion that enforcement discretion can effectuate sanctuary policies is …

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …

Racial Disparities In Policing: Psychological Consequences Over The Lifespan, Kelly C. Burke, Cynthia J. Najdowski, Margaret C. Stevenson

Psychology Faculty Scholarship

We review the psychological consequences of racialized policing for people of color over the course of their lives, organizing our review within Bronfrenbrenner’s (1979) social-ecological model and emerging science on racial, legal, and racial-legal socialization. First, we consider the broader social climate that criminalizes and punishes people of color, and thereby generates racialized policing (macrosystem). Then, we turn to the institution and practice of policing and how this influences the way people of color come to think about their relationships with police (exosystem). Next, we examine how vicarious experiences with police shape attitudes toward police (mesosystem), and how direct experiences …

Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson

Faculty Articles

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …

Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole

Adultspan Journal

The scope of ‘women’s issues’ in counseling is an ever-evolving landscape. Recent events such as the reversal of Roe v. Wade and the disproportionate impact of COVID-19 on women serve as powerful reminders of the necessity of this focus while underscoring a deep-rooted history of oppressive patriarchal structures. Therefore, counselors must remain informed of the unique considerations surrounding adult women in counseling and acquire proficiency in versatile techniques to meet this population’s nuanced needs. This article examines the complexity of contemporary womanhood and explores the fundamentals of Feminist Counseling Theory (FCT), a holistic, multiculturally conscious, social justice theory in counseling. …

First Amendment Protections For "Good Trouble", Dawn C. Nunziato

Emory Law Journal

In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech—the preferred response within our constitutional framework—but also by efforts by the dominant power structure to censor and shut down those forms of public rebuke of our nation’s racist practices. Fast forward seventy years, and the tactics of the dominant power structure have essentially remained the same in response to today’s civil rights activists who seek to protest …

How They Get Away With Murder: The Intersection Of Capital Punishment, Prosecutor Misconduct, And Systemic Injustice, Rushton Davis Pope

Emory Law Journal

Black defendants are executed at a disproportionately high rate, an injustice quietly persisting in the shadow of America’s dark history of slavery and Jim Crow. While a variety of intersectional factors have perpetuated this injustice, the role of prosecutors who commit misconduct to secure a conviction is significant. Defendants are presumed innocent until proven guilty, but when the prosecutors who carry the burden of proving that guilt choose not to play by the rules, they wantonly and recklessly embrace the risk of convicting—even killing—an innocent person.

This Comment focuses on two primary forms of prosecutor misconduct: Batson violations that occur …

Jeffrey Epstein: Pedophiles, Prosecutors, And Power, Blanche Bong Cook

Faculty Publications & Other Works

Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather than prosecute Epstein, Alex Acosta, a former United States Attorney, brokered a deal with Epstein’s defense attorneys coined, “the sweetheart deal of the century.” When Acosta abdicated his role as a state functionary and allowed Epstein’s defense attorneys to dictate the terms of Epstein’s freedom, Acosta gave the power of the State to private parties to protect a recidivist child rapist.

The failure to prosecute Epstein is all the more problematic because it sits at the epicenter of mass incarceration. Through its carceral system, the …

A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson

Mitchell Hamline Law Review

No abstract provided.

Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma

Mitchell Hamline Law Review

No abstract provided.

Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz

Mitchell Hamline Law Review

No abstract provided.

A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez

Faculty Publications & Other Works

The publicly traded corporation rightly exemplifies the great potential of legal infrastructure to advance macroeconomic growth and human development. Left to its current legal and regulatory frameworks, however, it will fuel inequality and the replication of racial hierarchy indefinitely. Taking affirmative action to broaden participation of our population at all levels of the public firm will open its ability to fund human ingenuity to all. This would vindicate the essential public purpose of the legal infrastructure governing the public corporation. It would also place capitalism itself on a firmer social foundation through the creation of a more cohesive and productive …

Introduction To The Symposium On Race, Racism, And International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa

William & Mary Journal of Race, Gender, and Social Justice

Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …

Race And Entrepreneurship: Reclaiming Narratives, Priya Baskaran, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

This essay makes the case for engaging in counter-narratives and inclusive storytelling within the transactional clinic curriculum. The authors leverage lessons from Critical Race Theory to amplify the voices and experiences of underrepresented entrepreneurs and marginalized communities in both clinic seminar and selected casework. In doing so, we challenge hegemonic narratives of entrepreneurship and expose our law students to the presence and impact of interlocking systems of subordination that minimize the existence and contributions of entrepreneurs of color. We challenge our law students and ourselves to become more creative and thoughtful lawyers to a more inclusive and diverse set of …

Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan

Scholarly Works

Part I outlines the many ways that corporate employers fail in racial equity efforts and the barriers that have been put into place to keep BIPOC workers from succeeding. Drawing from industrial organizational psychology and sociology, I identify six distinct challenges that must be remedied or ameliorated in order for BIPOC to achieve pay equity in the corporate climate. Part II identifies and analyzes the decades of litigation and class action settlements that have tried and failed to address the persistent lack of BIPOC representation in the financial industry. I categorize these cases into three waves of litigation intended to …

The Color Of Equity: Observations Of A Brown Buffalo On Indigenous Water Rights, Japanese Internment, And The Socio-Legal History Of The Colorado River, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks

Washington and Lee Law Review

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …