Law and Race Commons^™

Ethnically Segmented Markets: Korean-Owned Black Hair Stores, Felix B. Chang

Indiana Law Journal

Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American ventures to rotating communal credit, this Article argues that their dominance in ethnic beauty supplies stems from collusion and exclusion.

This Article is the first to synthesize the disparate treatment of ethnically segmented markets in law, sociology, and economics into a comprehensive framework. Its primary contribution is to forge the …

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors.

This Article disaggregates slavery from the slave trade and slavery …

Responding To Abolition Anxieties: A Roadmap For Legal Analysis, Jamelia Morgan

Michigan Law Review

A Review of We Do This ’Til We Free Us. By Mariame Kaba.

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

Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek

Dickinson Law Review (2017-Present)

Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …

Unqualified Immunity And The Betrayal Of Butz V. Economou: How The Supreme Court Quietly Granted Federal Officials Absolute Immunity For Constitutional Violations, Patrick Jaicomo, Anya Bidwell

Dickinson Law Review (2017-Present)

Qualified immunity has been the subject of well-deserved scorn in recent years as a legal mechanism that shields government officials from constitutional accountability. But its shadow has hidden another mechanism that provides an unqualified immunity from constitutional accountability. That de facto absolute immunity extends to federal officials in all but a vanishingly few contexts where claims are still permitted under the 1971 Supreme Court decision Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. But it was not always that way. In its 1978 decision Butz v. Economou, the Supreme Court permitted Bivens claims to proceed against …

Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson

Dickinson Law Review (2017-Present)

The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation is defined …

School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg

South Carolina Law Review

No abstract provided.

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.

Dedication: Center On Asian Americans And The Law, Kamala Harris

Fordham Law Review

Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans— not as the “other,” not as “them,” but as “us.” From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn about the role of Asian Americans and the law. Accordingly, I write to recognize the historic launch of the Center on Asian Americans and the Law at Fordham University School of Law—the first of its kind in the country. Its founding is both timely …

“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin

Fordham Law Review

The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …

Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray

William & Mary Law Review

In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities.

Although the history undergirding this narrative is incomplete and misleading, the narrative itself has flourished as the debate over the continued vitality of reproductive rights has unfolded in the United States. Indeed, in just the last three years, a member of the United States Supreme Court and a number …

How Racism Persists In Its Power, Deborah N. Archer

Michigan Law Review

A Review of The Fire Next Time. By James Baldwin.

Community Lawyering In Resistance To Neoliberalism, Jeena Shah

Michigan Law Review

A Review of An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings.

Shining A Bright Light On The Color Of Wealth, A. Mechele Dickerson

Michigan Law Review

A Review of The Whiteness of Wealth: How the Tax System Impoverishes Black Americans—and How We Can Fix It . By Dorothy A. Brown.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

Hostile Shores: Racial Exclusion Laws And The West Coast, Brendan Williams

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and ongoing racial exclusion laws on the West Coast, focusing on California, Oregon, and Washington. It argues that despite their progressive reputation, these states have a legacy of discriminatory laws targeting Chinese, Black, and Japanese populations, which has led to enduring racial inequities that persist today.

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.

Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold

Faculty Scholarship

Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of "Backlash Bills" designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …