cjrl: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called cjrl.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Race; Note; Supra; Court; U.s; State; Rights; Children; System; Federal; Community; Amendment; European; Africanism

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• Reconstruction's Lessons by Carle, Susan (2023) - For example, a handful of states, including New York and Minnesota, passed state civil rights statutes modeled on the Civil Rights Act of 1875, and advocates brought a few successful cases under these laws.246 They also won several Supreme Court civil rights cases, though these cases at first changed little on the ground.247 T. Thomas Fortune, son of Florida Reconstruction politician Emmanuel Fortune and educated in Freedmen’s Bureau schools, articulated the idea that became the template for a series of organizations intended to provide a national nonpartisan structure for racial justice reform.248 These organizations, which grew directly out of Black abolitionists’ meetings in the 1830s and beyond, included the Afro American League, the Afro American Council, and the Niagara Movement, which then flowed into the founding of the NAACP in 1910.249 Id. Note how this logic further narrowed the scope of the Fourteenth Amendment so that denial of rights by state officials, exercising discretion granted them under state law, could not constitute state action where discrimination was not patent on the face of the law. Keywords: act; advocates; amendment; black; bureau; citizens; civil; congress; constitution; court; enforcement; federal; fifteenth; fourteenth; freedmen; government; history; house; johnson; justice; law; lessons; new; persons; race; reconstruction; rights; rights act; second; states; suffrage; supra note; time; today; u.s; united; united states; violence; vote; voting; voting rights
• Black Boarding Academies as a Prudential Reparation: Finis Origine Pendet by Brooks, Roy (2023) - African American teachers are especially important role models.174 Their presence in the classroom signals to students a sense of belonging and an expectation 168 Tamar Lewin, Black Students Face More Discipline, Data Suggests, N.Y. Student loan debt contributes to this inequality: on average, African American students owe $52.7 thousand, whereas White students owe $41.8 thousand. Keywords: academies; academy; action; african; american; bbas; black; boarding; boarding academies; brooks; california; care; children; college; colum; community; court; crow; discrimination; education; example; families; foster; funding; income; jim; justice; law; leadership; learning; mar; note; people; percent; program; race; reparations; report; school; slavery; state; students; supra; supra note; system; teachers; time; u.s; united; use; victims; vol; white
• AREN’T I A WOMAN DESERVING OF JUSTICE? RESTRUCTURING VAWA’S FUNDING STRUCTURE TO CREATE RACIAL AND GENDER EQUITY by Asenuga, Maryam (2023) - Indeed, 68 percent of incarcerated black women had been victimized by intimate-partner violence, and, compared to white women, black women are twice as likely to be killed by a spouse”); see also Kaba, supra note 83 (“Multiple studies indicate that between 71% and 95% of incarcerated women, with Black women overrepresented in these statistics, have experienced physical violence from an intimate partner.”). Black women experience the highest rates of unemployment in the United States.308 In May 2020, the unemployment rate for Black women reached almost 20%.309 Back-to-work programs will be valuable as Black women and women of color broadly have already shown to be among the group of fastest-growing female entrepreneurs in 2020 and 2021.310 Caitlin Mullen argued that this occurs because “need, not opportunity, drives many Black women to become entrepreneurs if they feel they’ve been underpaid or left behind at conventional institutions. Keywords: act; arrest; black; enforcement; female; funding; gender; goodmark; grant; housing; ipv; justice; law; note; partner violence; police; programs; race; services; sexual; stop; supra; supra note; survivors; system; vawa; victims; violence; women
• Bailing Out the Protester by Alireza Nourani-Dargiri (2024) - OF PUB. POL’Y (May 2023) (finding “substantial evidence that pretrial risk assessment tools replicate the racial and socioeconomic disparities that bail reform seeks to address.”). Spending time in jail awaiting your trial is not simply an unfortunate, administrative occurrence––it has a life-altering, often ruining, impact.237 Fortunately, bail reform has received necessary national attention in the recent years, recognizing the need to address the unfair system currently put in place. Keywords: amendment; arrests; bail; bail reform; bail system; black; cash bail; charges; city; consequences; court; detention; e.g.; government; impact; jail; law; new; note; people; police; pretrial; protester; protesting; protests; public; race; report; rights; speech; states; supra; supra note; system; u.s; use
• Defanging Diversity by Daniel Kees (2024) - During a pre-orientation event for Black students at Tufts University in the mid-1990s, Greer recalled one session in which students were asked to close their eyes and raise their hands if their parents had told them not to associate with “[B]lack” students upon their arrival to Tufts. What initially seemed an odd question to Greer—in a room full of Black kids—made sense when she opened her eyes and discovered “everyone’s hands were raised except for the [six] [B]lack Americans” because the rest of her peers in the room were either Black immigrants or the children of Black immigrants, Greer recalls.98 Greer goes on to recount other differences between what she terms “JBs” or “just [B]lacks” (i.e., non- immigrant or non-immigrant-descended Black people) and these other students, such as the various affinity groups catering to, for example, students of African or Caribbean origin (in addition to the general Black student union).99 Of course, Black students in these groups sometimes viewed themselves as one community, but at other times, these separate identities predominated, which is not a phenomenon unique to Tufts or any university for that matter.100 Such differences, when highlighted, can be a 95 Keywords: action; admissions; african; aid; american; applicants; asian; athletes; black; children; class; college; college admissions; color; colum; country; court; diversity; diversity rationale; education; elite; example; harvard; high; immigrants; income; new; note; people; percent; public; race; rationale; schools; social; states; students; supra; supra note; system; test; times; u.s; united; vol; way; white
• THE TRAGEDY OF FELIX FRANKFURTER: FROM CIVIL LIBERTIES AND CIVIL RIGHTS ACTIVIST TO REACTIONARY JUSTICE by Finkelman, Paul (2024) - Justice Frankfurter even testified as a character witness for Alger Hiss, in a case that seemed likely to later come before him. While the cases were pending Justice Frankfurter and McCloy corresponded, even though McCloy was in effect a party to the case.182 Oddly, the former law professor saw nothing unethical about what amounted to ex parte communications with parties to cases that were on appeal to his court. Keywords: american; black; brandeis; case; children; civil; constitutional; court; court frankfurter; dissenting; federal; felix frankfurter; flag; frankfurter; gobitis; holmes; jews; justice; justice frankfurter; law; laws; liberties; liberty; majority; mccloy; new; opinion; people; president; process; race; rights; roosevelt; school; snyder; states; support; supra note; supreme; supreme court; time; tragedy; u.s; united; united states; urofsky; v. united; vol; war; witnesses; world
• When the Executive Accidentally Supported the Movement: Participatory Democracy and the Rise of the Non-Profit Industrial Complex by Haber, Michael (2025) - (describing how funding for community groups led to women’s anti-violence groups becoming more hierarchical, hierarchies that usually recreate “social axes of inequality such as class, race, nationality, sexuality, and ability.”) 216 See supra note 192 and accompanying text. For a similar argument from the non-profit industrial complex literature, see JENNIFER R. WOLCH, THE SHADOW STATE, GOVERNMENT AND VOLUNTARY SECTOR IN TRANSITION 15 (1990) (describing the increasing reliance on “stringent, rigid, and quantitatively oriented approaches” to funding, which undermines the autonomy of non-profit groups). Keywords: act; action; administration; black; cap; cities; color; communities; community; complex; democracy; development; funding; government; groups; housing; income; johnson; movement; new; non; oeo; participation; participatory; people; poverty; profit; program; public; race; rights; social; supra note; u.s; urban; war
• Jim Crow North and Fair Housing Enforcement by Bullock, III, Charles S.; Lamb , Charles M. (2025) - JIM CROW NORTH 1198 The Northeastern United States, often thought of as liberal and pioneering in many respects, has a long history of housing segregation and discrimination. From this study’s perspective, and as declared by Douglas Massey and Nancy Denton over three decades ago, no group has ever faced the unrelenting high level of housing segregation that Black people have experienced in the nation’s major cities since the end of World War II.18 Massey and Denton’s award-winning American Apartheid: Segregation and the Making of the Underclass is pertinent to the Northeast’s Jim Crow history.19 Based on Massey and Denton’s calculations, the housing markets in five Northeastern cities were “hypersegregated” in 1980.20 New York, Newark, Philadelphia, Baltimore, and Buffalo had the worst conditions, with 17 See generally, THOMAS J. SUGRUE, “No Right More Elemental,”, in SWEET LAND OF LIBERTY: Keywords: act; agencies; black; complaints; crow; discrimination; enforcement; fair; federal; housing; housing act; housing segregation; hud; jim; latinx; new; new york; north; note; outcomes; race; region; segregation; state; supra; title; u.s; viii; white
• Sabotaging Scrutiny: SFFA’s Racialized Distortion of Suspect Classification by Morris, Clay (2025) - The opinion’s recoiling at the idea that there is “an inherent benefit in race qua race” rests upon the idea that the differences between minorities and non-minorities are inherently antagonistic.74 Injecting this narrative into the narrow tailoring prong widens suspicion for white applicants because it brings in the fragility of assumption as a reason to turn race into a “don’t ask, don’t tell.” Although individual white job applicants might be entirely innocent of race discrimination themselves, it is difficult to see why that innocence should endow them with a constitutional right to profit from invidious racial discrimination directed against equally innocent black applicants.” Keywords: access; action; admissions; amendment; black; classification; court; education; fourteenth; non; opinion; protection; race; roberts; scrutiny; sffa; students; suspect; thirteenth; u.s; white; whiteness
• Deconstructing the Gang Menace: Gang Policing and Police “Expert” Testimony in New York City by Braxton, T.J. (2025) - Police Gang Experts vs. Nonpolice Gang Experts Police officers are qualified as gang experts due to their specialized knowledge, skills, training, or experience.234 However, under this same legal standard, many others are also qualified to be experts on gangs, including community workers, former gang members, friends or family of gang members, and even gang members themselves.235 Not only do these individuals meet the requisite legal standard for expertise, but they can also provide unique and more reliable testimony about gangs and gang members than police gang experts.236 Unlike police officers, these nonpolice experts understand gangs from the inside. L. J. 155, 168– 78 (2022) (arguing that judges are excessively deferent to police gang experts and that these experts frequently provide overbroad opinions); Anne Lvovsky, The Judicial Presumption of Police Expertise, 130 HARV. Keywords: cgd; city; crime; criminal; evidence; expert; expert testimony; gang; gang evidence; gang expert; gang members; gang policing; membership; n.y; new; new york; nonpolice; nypd; officers; people; police; police expert; police gang; policing; race; supra note; testimony; violence; york
• A Norms-Based Approach to Sustaining Integration by Waldeck, Sarah E. (2018) - 95 Marty Stempniak, Oak Park Village Attorney Retiring After 36 Years, OAKPARK.COM (May 13, 2011), http://www.oakpark.com/News/Arti cles/5-13-2011/Oak-Park-village-attorney-retiring-after-36-years/ [http://perma .cc/TN5V-4EU2]. The searches included: “for sale sign Oak Park”; “does Oak Park allow for sale signs”; and “can I use a for sale sign in Oak Park.” Keywords: ban; black; chicago; city; communities; community; estate; housing; integration; interview; journal; law; norms; note; oak park; ordinance; people; property; race; realtors; residential; sale; sale signs; segregation; signs; supra; supra note; use; village; whites
• Quebec’s Bill 62: Legislating Difference by Narain, Vrinda (2018) - Microsoft Word - CJRL Narain F18.docx QUEBEC’S BILL 62: LEGISLATING DIFFERENCE Vrinda Narain0F * On October 18, 2017, Bill 62, whose full English title is “An Act to foster adherence to state religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies,” came into force in the Canadian province of Quebec. Borrowing from human rights legislation in the employment discrimination context, the 1 An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies, S.Q. 2017, c 19 (Can.). Keywords: accommodation; bill; canada; canadian; charter; difference; equality; law; minority; multiculturalism; muslim; neutrality; note; public; quebec; race; religion; rights; state; state neutrality; supra; women
• Roe on the Rez: The Case for Expanding Abortion Access on Tribal Land by Guzman, Heidi (2018) - the admitting privileges requirement (doctors performing abortions must have admitting privileges at a local hospital no further than thirty minutes away from the abortion clinic)85 and the surgical center requirement (abortion clinics must be equipped as ambulatory surgical centers).86 It analyzes abortion law in Wisconsin under the framework of Public Law 280 jurisprudence to determine that clinics in Indian Country would not be subject to state abortion regulations. Keywords: abortion; act; american; clinic; columbia; congress; country; court; federal; fire; government; health; indian; jurisdiction; justice; law; life; native; note; p.l; race; reproductive; right; roe; sovereignty; state; supra; supreme; thunder; tribal; tribes; u.s; wisconsin; women
• Is It Recording?—Racial Bias, Police Accountability, and the Body-Worn Camera Activation Policies of the Ten Largest Metropolitan Police Departments in the USA by Murphy, Julian R. (2018) - 8 See Barak Ariel et al., Wearing Body Cameras Increases Assaults Against Officers and Does Not Reduce Police Use of Force: Results from a Global Multi-Site Experiment, 13 EUR. CODE § 10.109.020 (2018) (“Any ordinance or resolution authorizing the use of body worn cameras should identify a community involvement process for providing input into the development of operational policies governing the use of body worn cameras.”). Keywords: accountability; activation; bias; body; body cameras; cameras; consensual; departments; dep’t; discretion; fan; interactions; law; officers; people; police; police body; police departments; police officers; policies; policing; profiling; race; recording; supra note; theory
• EDITOR'S NOTE by Adams, Sheila R. (2011) - First and foremost, we are indebted to the 2009-2010 Editorial Board of our predecessor, the National Black Law Journal (Columbia Edition) for their vision to institutionalize the critical study of race and law at Columbia Law School by founding the new Journal. And we iii Vol. 1:1 are indebted to Professor Kendall Thomas for his guidance and for contributing his energy and passion for race law scholarship to this inaugural issue. Keywords: journal; law; race
• The First Principles of Standing by Sundquist, Christian B. (2018) - The Burger and Rehnquist courts, however, sought to develop a more restrictive view of standing under Article III over the next few decades by narrowly interpreting plaintiff injuries that conflicted with their burgeoning conservative ideological agendas.25 19  Sunstein, supra note 14, at 170 (citing Stark v. Wickard, 321 U.S. 288, 307-09 (1944)). Relying on insights from System Justification Theory (SJT), a well-respected field of social psychology, this Article argues that the seemingly incoherent results in racial standing cases can be understood as (perhaps) unconscious attempts to preserve the status quo. Keywords: article; cases; court; doctrine; iii; injuries; injury; law; note; plaintiffs; principles; privilege; race; rev; rights; standing; standing doctrine; status; supra; supra note; system; u.s; white
• Innovative Responses to Foreclosures: Paths to Neighborhood Stability and Housing Opportunity by Steil, Justin P. (2011) - Indeed, the high levels of racial residential segregation in the U.S. facilitated discriminatory and abusive lending practices and contributed to instability in regional housing markets. After briefly summarizing the roots of housing segregation throughout the twentieth century, Part II of this Article reviews the most recent comprehensive study of contemporary housing discrimination. Keywords: affordable; african; american; cities; city; class; columbia; community; county; development; discrimination; equity; fair; foreclosures; governments; home; homeownership; housing; journal; land; law; lending; loans; market; metropolitan; mortgage; municipalities; neighborhoods; new; note; property; public; race; responses; segregation; states; structures; subprime; supra; united; urban; white
• Racial Profiling Legalized in Arizona by Cohn, Marjorie (2011) - In United States v. Brignoni-Ponce, the Supreme Court said that Hispanic appearance neither a reasonable belief that they were aliens, nor a reasonable belief that the car concealed other aliens who were illegally in the 11 Additionally, the United States Court of Appeals for the Ninth Circuit held in Gonzalez-Rivera v. Immigration & Naturalization Service that subjective impressions are not sufficient to transform innocent behavior into suspicious activity.12 Yet enforcement of S.B. 1070 requires law enforcement officers to use subjective considerations, such as skin color, language, and manner of dress, to determine whether they think a detainee is unlawfully present in the United States. In United States v. Montero-Camargo, the Ninth majority or even a substantial part of the population is Hispanic, any given person of Hispanic ancestry is in fact an alien, let alone an illegal alien, is not high enough to make Hispanic appearance a 9 U.S. CONST. Keywords: arizona; court; enforcement; immigration; law; profiling; race; rights; s.b; states; u.s; united; united states
• A Dedication by Farley, Anthony Paul (2019) - A DEDICATION Anthony Paul Farley * This symposium of the Columbia Journal of Law & Race, Critical Race Theory & Marxism, is dedicated to Keith Aoki, 1955- 2011. Critical Race Theory & Marxism is for Keith Aoki. Keywords: keith; race; world
• Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism by Young, Donna E. (2011) - 7  See Jeffrey Toobin, Comment: Answers to Questions, NEW YORKER, July 27, 2009, at 19-20 (discussing the effect that the Obama election has had in supporting the argument that the United States has now leveled the playing field and no longer requires racial remedial measures); see also Lawrence Auster, What is Post-Racial America?, VIEW FROM THE RIGHT (Feb. 25, 2008, 10:56 AM), http://www.amnation.com/vfr/archives/010000.html (arguing against preferences for African Americans). From research I conducted on the treatment of race discrimination claims at the Ontario Human Rights commission, I determined that many of the no- cause findings were based on stereotypical assumptions about complainants rather than the lack of merit of the claim. Keywords: america; discrimination; law; obama; post; race; racism; rights; states; title; united; vii
• Signifying on Passing: (Post) Post-Racialism, (Post) Post-Modernism, and (Post) Post-Marxism by Sundquist, Christian B. (2011) - As the nation has moved beyond state-sanctioned racial discrimination, many believe that the country also has moved beyond the need for a legal dialogue on racial passing and ambiguity. This “retreat from race,”2 exemplified in part by the apparent declining significance of racial passing, proclaims that the state no longer should consider race when interpreting the law or incorporating democratic values of equality and opportunity. Keywords: law; passing; post; race; racialism; society
• “Precious”: A Tale of Three Explanations for Childhood Maltreatment by Robinson, Reginald Leamon (2011) - To be sure, structuralist theories may explain why black children like Precious suffered horrific maltreatment not by faulting the parents but by pointing to external, objective forces like white racism.10 CRT begins by analyzing slavery, Jim Crow, and the breakdown of the black family.11 Marxism likewise starts by critiquing an economic world in which capitalism’s slavery exploited workers and black slaves.12 Yet, violent, physical assaults against children predate for the chronic depression among black men within the black community, saying, “America’s failure to address the damage that depression does to African American men is rooted, in part, in prejudice and stigma that date all the way back to the docking of that first slave ship”). She described black children who were required to love and obey their parents, even though they were humiliated, silenced, and beaten harshly and regularly.157 Keywords: abuse; alienation; black; carl; childhood; children; daughter; feelings; knowledge; law; life; marx; mary; miller; mother; note; parents; precious; race; slavery; supra; supra note; white
• Putting Theory into Practice: Using a Human Rights Framework and Grassroots Organizing to Build a National Revolutionary Movement by Mandell, Bekah (2019) - Accordingly, other states may be able to use VWC’s experience to build a human rights-based strategy to win change that allows for the breaking down of the barriers that keep working class people from building class- consciousness. VERMONT AND THE HEALTHCARE IS A HUMAN RIGHT CAMPAIGN The state of Vermont presents a case study of an anti- oppression grassroots organizing strategy to build a historic bloc capable of overcoming ruling class divide and conquer tactics. Keywords: class; healthcare; note; party; people; race; rights; supra; tea; theory; vermont; white; workers; working
• The Legal Politics of Hubert H. Harrison: Excavating a Lost Legacy by Malhotra, Ravi (2011) - The relationship between Hubert Harrison and the Jamaican-born Marcus Garvey also merits exploration and helps understand the contours of Harrison’s signal contributions to the New Negro Movement. Perry suggests that under Harrison’s editorship in 1920, circulation increased from ten thousand to fifty thousand. 71  Hubert H. Harrison, On Garvey’s Character and Abilities, in id., at 188, 190. Keywords: african; american; garvey; harrison; hubert; hubert h.; hubert harrison; james; negro; note; party; perry; race; reader; socialist; supra; supra note
• Global Class and the Commercial-Sexual Exploitation of Children: Toward A Multidimensional Understanding by Javidan, Pantea (2011) - 26  TONKISS, supra note 2, at 24 (citing ILO 2005 and discussing the global prevalence of child labor and child prostitution.). Although the commercial sexual exploitation of children is often discussed under the rubric of forced labor, it is problematic to characterize child prostitution as “labor,” even if it is categorized as “one of the worst forms of child labor,” as per the Industrial Labor Organization (ILO).58 However, locating child prostitution on the tier of forced labor or human trafficking allows making important connections between it and global economic processes. Keywords: children; class; exploitation; global; labor; law; note; poverty; race; supra; supra note; trafficking; united; world
• The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness by Hernández, César Cuauhtémoc García (2011) - In an effort to explain the massive growth of immigration imprisonment, this Essay explores the use of race and class as tools for policing immigration law. STATE POPULATION DECLINES FOR THE FIRST TIME IN 38 YEARS 7 (Apr. 2010), http://www.pewcenteronthestates.org/uploaded Files/Prison_Count_2010.pdf?n=880. 2012 COLUMBIA JOURNAL OF RACE AND LAW 358 sorting 22 million people, the number of people in the United States who are not citizens17 and could be subject to removal for violating immigration laws, cannot control the sorting process without tightly holding the bodies of the potentially unfit. Keywords: class; criminal; detention; enforcement; immigrants; immigration; immigration law; imprisonment; law; people; race; removal; states; u.s
• Compassion and Critique by Harris, Angela P. (2011) - Like Marx, critical race theorists therefore want us to care about the subordinated.8 ”83 Third, critical race theorists must walk a fine line between promoting a hermeneutics of skepticism under which racism is inevitable and everywhere, and insisting that racism can be eliminated—that “the arc of history is long, but it bends toward justice.”84 Keywords: animal; caring; compassion; critique; emotion; example; human; ideology; law; marx; nature; people; property; race; rev; social; suffering; theorists; theory; things
• Citizenship as Accumulated Racial Capital by Halewood, Peter (2011) - In fact, intolerance of difference is implicit even in the assimilationist ideal of “universality” in American citizenship because difference must be 27  Enid Trucios-Gaynes, The Legacy of Racially Restrictive Immigration Laws and Policies and the Construction of the American National Identity, 76 OR. The universality model of American citizenship is false—race and class are always already historically embedded in American nationalism. Keywords: aliens; american; capital; citizenship; class; community; equality; exclusion; law; membership; national; race; rev
• Critical Race Theory & Marxism: Temporal Power by Farley, Anthony Paul (2011) - Modern time is not time; it is destroyed time, spectacular time. We are, in other words, still in that original moment to the extent that we are modern and have always been modern. Keywords: accumulation; baldwin; child; faith; freud; james; law; note; power; race; supra; time
• Forward: When the Stars Begin to Fall: Introduction to Critical Race Theory and Marxism by Farley, Anthony Paul (2011) - In alphabetical order, they are: Anthony Paul Farley, Critical Race Theory & Marxism: Temporal Power; Adam Gearey, W. E. B. Du Bois’ Ambiguous Politics of Liberation: Race Marxism and Pan Africanism; Neil Gotanda, Beyond Supreme Court Anti- Discrimination: An Essay on Racial Subordinations, Racial Pleasures and 35  CEDRIC J. ROBINSON, BLACK MARXISM: THE MAKING OF THE BLACK RADICAL TRADITION (2000). Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness; Pantea Javidan, Global Class and the Commercial-Sexual Exploitation of Children: Toward a Multidimensional Understanding; Ravi Malhotra, The Legal Politics of Hubert H. Harrison: Excavating a Lost Legacy; Bekah Mandell, Putting Theory into Practice: Using a Human Rights Framework and Grassroots Organizing to Build a National Revolutionary Movement; Deborah Waire Post, Contract and Dispossession; Reginald Leamon Robinson, “Precious”: Three Tales of Childhood Maltreatment; SpearIt, Why Obama is Black: Language, Law & Structures of Power; Christian Sundquist, Signifying on Passing: (Post) Post-Racialism, (Post) Post- Modernism, and (Post) Post-Marxism; Patricia Tuitt, Used Up and Misused: The Nation State, The European Union and the Insistent Presence of the Colonial; and Donna E. Young, Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism. Keywords: black; death; farley; king; law; marxism; note; post; race; race theory; rights; slavery; supra; theory
• The Desire for Whiteness: Can Law and Economics Explain it? by Bhattacharya, Shilpi (2012) - Skin color is not even a proxy for caste in an arranged marriage as skin color and caste are distinct requirements that need to be met. A law on colorism must consider the issue of skin color discrimination in India more comprehensively rather than through the generic provisions of Article 15. Keywords: blacks; caste; color; colorism; desire; discrimination; group; india; law; marriage; mcadams; members; note; people; production; race; racism; skin; skin color; status; supra; supra note; theory; whiteness
• Race as a Legal Concept by Desautels-Stein, Justin (2019) - In the discussion that follows, the major argument is that in each stage of the development of race law in the United States, biology has always been there as a background and constitutive rule of race as a legal concept. To be sure, the arguments would differ from the likes found in Hudgins and Dred Scott, but the important issue here is the common biological ground between pre- and post-Civil war thinking about race law. Keywords: american; background; brown; case; civil; classic; classifications; concept; conflict; contract; court; culture; decision; discrimination; discussion; diversity; human; idea; identity; interest; justice; law; laws; liberal; liberalism; note; parents; people; problem; property; question; race; race law; race science; racism; rev; rights; rules; school; state; style; supra; supreme; terms; theory; u.s; use; view; way; white; whiteness; world
• A Deliberative Defense of Diversity: Moving Beyond the Affirmative Action Debate to Embrace a 21st Century View of Equality by Hawkins, Stacey L. (2012) - 18 The focus is on corporate diversity practice, see discussion, infra Section II.C, recognizing that there are both similarities and differences between diversity practice in the corporate context and that in other contexts, most notably higher education. J. C. R. & C. L. 171, 176 (2005) (critiquing diversity’s utility as a “vehicle of change” to “further the civil rights agenda”); Devon W. Carbado & Mitu Gulati, What Exactly Is Racial Diversity?, 91 CAL. Keywords: action; admissions; analysis; anti; bakke; broadcasting; business; case; clause; context; court; discrimination; discussion; diversity; diversity interest; diversity practice; diversity vol; grutter; justice; law; means; metro; minority; note; powell; principle; protection; race; subordination; supra; tailoring; theory; u.s
• Life, Liberty, and the Pursuit of Whiteness: A Revolution of Identity Politics in America by Acebo, Andrés (2012) - Hsu further contends that, while “as a purely demographic matter” the concept of “white America” may cease to exist within as little as three decades, the cultural influence of “white America” has already ended.41 “Instead of the long-standing model of assimilation toward a common center,” Hsu observes that, “the culture is being remade in the image of white America’s multiethnic, multicolored heirs.”42 71 Fundamental Transformation, PROLETARIAT BLOG: VOICE OF THE AMERICAN PROLETARIAT (Mar. 11, 2009), http://proletariatblog.com/2009/03/11/fundamental-transformation/. 162 Life, Liberty, and the Pursuit of Whiteness Vol. 2:1 commentator Glenn Beck, have even accused the president of trying to right all of the racial wrongs of America’s past and that he has revealed his “deep-seated hatred for white people or the white culture. Keywords: america; court; election; law; majority; nation; new; obama; party; people; president; race; rubio; states; tea; united; white; whiteness
• The Immigrant Plight/Immigration Law: A Study in Intractability by Ferguson, Robert A. (2012) - We have, first, the Bureau of Customs and Border Protection (CBP), which is to keep people out; second, the Bureau of Immigration and Customs Enforcement (ICE), which is to restrict entry to the country to legal immigrants; and third, the Bureau of United States Citizenship and Immigration Services (USCIS), which controls the transformation from registered legal alien to citizen while making it impossible for an illegal alien to gain that status. Immigration law forbids an illegal alien from seeking legal status, much less citizenship.41 Roughly twelve million illegal immigrants, many of whom know only the United States as their home, live without access to the opportunities that the country offers to citizens and legal immigrants, and even more draconian restrictions are on the way. Keywords: aliens; american; century; columbia; country; david; fear; fiction; immigrants; immigration; immigration law; immigration plight; john; law; life; literature; n.y; new; novel; people; plight; power; prejudice; problem; public; race; roth‘s; sleep; states; story; times; u.s; united; way; work; world
• Astrology and Race: Aspects of Equality After Critical Race Theory by Zanetti, Gianfrancesco (2012) - Even if races are perceived as zodiac signs, as formal characters assigned by casting astrological lots or by genetic lottery, ―a judge may advocate the importance of racial equality while arriving at a decision detrimental to black Americans.‖37 An apparently reasonable jurisprudence seems to revolve around a pseudo-scientific array of notions (such as ―neutral‖ races) that lack any sound epistemic ground. Equality and inequality statements can be carried out at the beginning or the end of discourse on racial notions. Keywords: astrology; crt; equality; european; example; group; jurisprudence; law; mashpee; notion; people; point; race; racism; theory; tribe; value; view
• Beyond Protecting Genetic Privacy: Understanding Genetic Discrimination Through Its Disparate Impact on Racial Minorities by Sokhansanj, Bahrad A. (2012) - This limitation presupposes an expectation of privacy: specifically, both an individual‘s actual, subjective expectation of privacy and an objectively reasonable one.43 A requirement of an objectively reasonable expectation of privacy has important consequences for genetic information privacy because of how the Fourth Amendment deals with ―abandoned property.‖44 The Supreme Court has held that Fourth Amendment protection does not extend to property that is abandoned or voluntarily discarded.45 The testing of African Americans for the sickle cell trait of course implicates substantial issues of racial discrimination, and it motivated much of the legislative concern over genetic information privacy in the United States prior to the Human Genome Project‘s inception in the early 1990s. Keywords: african; americans; cell; consent; data; databases; discrimination; disease; dna; dna sequence; example; genetics; genome; gina; health; individual; information; law; med; note; population; privacy; public; race; research; risk; sequence; sickle; states; studies; study; testing; united; use
• Chances Are: Lessons From The 1962 United States Civil Rights Commission Housing Discrimination Hearings In Washington D.C. For The Current Foreclosure Crisis by Gilmore, Brian (2012) - It is not one’s regular paycheck but is more permanent items such as home equity, stocks, bonds, inheritance; your assets minus your liabilities.136 White families historically have been in a much better position to accumulate wealth in this society because their home ownership rates have always been higher than the rest of the population.137 This is where government housing policy has been                                                                                                                 124 Id. at 229. I. INTRODUCTION……………………………………………………………. Keywords: african; americans; commission; d.c; discrimination; government; hearings; home; housing; housing discrimination; housing market; law; mortgage; note; policy; race; rights; states; supra; united; washington; wealth
• Racial Inequality In Contracting: Teaching Race As A Core Value by Zalesne, Deborah (2013) - The apparent neutrality of contract law in particular masks the distributive effects of legal rules. Unspoken assumptions about power—who has it, who may use it, and how it may be used—are embedded in contract law and theory. Keywords: american; analysis; cases; class; color; contract; contract law; contracting; court; discrimination; doctrine; issues; law; market; note; parties; people; power; race; race theory; rev; students; supra; theory; use; white; women
• Race and Income Disparity: An Ideologiy-Neutral Approach To Reconciling Capitalism And Economic Justice by Hardaway, Robert (2013) - [hereinafter POPULATION, LAW AND THE ENVIRONMENT]; ROBERT M. HARDAWAY, THE ELECTORAL COLLEGE AND THE CONSTITUTION: THE CASE FOR PRESERVING FEDERALISM (1994); and the law review article, Robert M. Hardaway, E-Discovery’s Threat to Civil Litigation: 50 Race and Income Disparity Vol. 3:1 A. Housing Policy………………………………………………………… 58 B. Immigration……………………………………………………………. I. INTRODUCTION……………………………………………………………. Keywords: abortion; americans; bubble; disparities; disparity; drug; economic; government; hardaway; home; housing; ideology; immigration; income; labor; law; new; note; percent; planning; policies; policy; race; school; states; supra; tax; u.s; united; use; white
• Citizenship In Name Only: The Coloring of Democracy While Redefining Rights, Liberties And Self Determination For The 21st Century by Parson, E. Earl; McLaughlin, Monique (2013) - Republicans argue that voter ID laws correct and prevent voting irregularities.100 Tea Party members are now planning to question voters at the polls as to their eligibility to vote. A 2006 Pew Research Center Report found African Americans were twice as likely to have no confidence in the voting process as from previous elections.139 Another study in 2004 found that African Americans felt less confident than white voters that their votes were accurately counted.140 With voter ID laws and other voting suppression tactics, the opportunities given by the Voting Rights Act may be in danger for the first time since its passage. Keywords: african; americans; black; challenges; citizenship; court; jury; law; laws; people; race; racial; rights; states; u.s; united; voter; voting; white
• The Trans-Atlantic Slave Trade: A Legacy Establishing A Case For International Reparations by Muhammad, Patricia M. (2013) - However, under the doctrine of “next friend,” a living relative or guardian who has the best interest of the victim and acts in good faith, may allow the filing of a civil suit or issuance of criminal charges on behalf of the injured complainant.227 Standing also exists for slave descendants that are subject to the current form of institutionalized racism that permeates the international community and governs housing, education, employment, and JOHANNESBURG, Jan. 12, 2010, http://mg.co.za/article/2010-01-12-us-court-considers-appeal-against-apartheid-lawsuit (reporting on the In re South African Apartheid Litigation case). These are financial entities who have a documented, long- standing establishment and promotion of the Trans-Atlantic Slave Trade and its vestiges.291 Another legal argument of reparation’s opponents is that since historic victims were considered chattel they had no rights to legal redress.292 Survival actions by slave descendants as next friend on behalf of historic victims would not be viable legal claims for reparations because chattel cannot possess inalienable rights.293 Opponents also argue that a civil claim for reparations would be void for over-inclusiveness. Keywords: 2013; act; african; americans; art; atlantic; black; claims; community; court; crimes; criminal; descendants; discrimination; education; european; federal; government; humanity; international; jurisdiction; land; law; nations; native; new; people; race; reparations; restitution; rights; slave descendants; slave reparations; slave trade; slavery; slaves; south; states; statute; supra note; time; trans; tribunal; u.s; united; united states; victims; war; white; world
• Stolen Happiness by Bermudez, Fernando (2013) - COLUMBIA JOURNAL OF RACE AND LAW   213       count, these rural, upstate communities received extra government money because New York prison inmates were counted as residents of these rural populations from a misrepresented census.30 Thus connected to dollars and no fair sense, one could say, these upstate New York communities and profit- seekers that benefited from mass incarceration ate steak, unlike mostly inner New York City communities like The Bronx, Manhattan, Brooklyn, Queens, and Staten Island who ate crumbs. Mr. Bermudez’s essay entails his over eighteen-year wrongful incarceration in New York until proven “actually innocent” in 2009. Keywords: bermudez; case; conviction; evidence; incarceration; judge; justice; law; lopez; new; new york; people; police; prison; prosecutor; race; state; trial; york
• We Built This City: The Legality Of Community Benefit Agreements For Big Box Construction Under Title VII And The Equal Protection Clause by Severin, Chadé (2013) - Cherokee-Gates CBA………………………………………… 228 2. LAX Project CBA…………………………………………….. 229 C. Private-Private and Private-Public with Hiring Based on Race or Gender………………………………………………………………… 229 1. Atlantic Yards………………………………………………… 229 2. Bayview CBA…………………………………………………. Keywords: 2013; action; action plan; analysis; benefits; cba; cbas; city; community; construction; court; development; discrimination; disparate; employer; employment; groups; hiring; impact; job; local; minority; note; plan; private; project; race; state; state action; supra; title; u.s; vii
• Diversity In The Legal Profession: From Rhetoric To Reality by Hull, Helia Garrido (2013) - This group has teamed with the Law School Admission Council (LSAC) to improve diversity within the law school applicant pool and legal profession at large.117 The ABA created the Council on Legal Education Opportunity (CLEO), one of its non-profit entities, in 1968 to diversify the legal profession.118 CLEO has worked to help minority, low-income, and disadvantaged students gain access to law school, successfully matriculate, and pass the bar exam.119 Navigating all of the social landmines that emerge during law school is only part of the challenge for minority law students. Keywords: 2013; aba; american; ass’n; bar; bias; conduct; disability; discrimination; diversity; firms; law; lawyers; lgbt; minorities; minority; note; profession; race; rules; school; supra; women
• There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A “Post-Racial” Society by Archer, Deborah N. (2013) - This orientation to disparities shapes people’s response to claims of racism: because de jure racial discrimination is largely a relic of the past, post-racialists believe there is essentially a level playing field between Whites and racial minorities.29 One consequence of this orientation is that we ignore the present effects of our racist past and the consequences of having built our society along racial divides.30 Indeed, post-racial narratives “sever contemporary racial reality from historical events that shaped it and suggest that the consequences of systemic racial oppression ended long ago. 665 (2011) (stating that commentators have characterized America as post-racial after the election of the first African American president); Ian F. Haney Lopez, Is the “Post” in Post-Racial the “Blind” in Colorblind?, 32 CARDOZO L. REV. 807 (2011) (noting that after Obama’s election, commentators marvel that we now live in a post-racial America). Keywords: black; clients; culture; discrimination; law; law students; lawyering; note; post; race; racism; rights; school; students; supra; supra note; white
• Foreclosures and Financial Aid: Mind Over Mortgages in Closing the Plus Loan Gap by Dean, Kamille Wolff (2014) - The evolving views on home ownership as a liability as opposed to an asset impacts the pursuit of higher education for many Americans, especially those who depended on Home Equity Lines of Credit (HELOC) loans to help pay for college.35 The increased credit underwriting standard used for federal student loans effectively penalizes unassuming college students and their families who invested in the over-inflated real estate market without adequate protection from predatory lenders.36 2014 COLUMBIA JOURNAL OF RACE AND LAW 145 minus any other financial aid.109 Perkins and Stafford Loans are limited to specific amounts based on the level of educational attainment.110 Ultimately, there is a cumulative limit on the amount of federal Perkins and Stafford student loans that a borrower may obtain, but there is no monetary limit on the lifetime amount of PLUS loans that a recipient may receive.111 A college financial aid package may include federal and private student loans.112 There are a number of differences between private and federal student loans.113 One main distinction is that the United States Department of Education is the lender for federal student loans, whereas a bank or financial institution is usually the lender for private student loans.114 Also, federal student loans have fixed interest rates over the life of the loans while private student loans have variable interest rates that are typically higher than those offered by the federal student aid program.115 Finally, federal student loans are generally subject to more favorable repayment options than private student loans, including deferment, forbearance, income-based repayment and income-sensitive repayment.116 109 See U.S. Dept. of Educ., supra note 107 (“Federal student aid covers such expenses as tuition and fees, room and board, books and supplies, and transportation. Keywords: act; bankruptcy; black; borrowers; changes; college; consumer; credit; crisis; department; dept; direct; education; education act; education loan; eligibility; feb; federal; financial; government; hea; income; interest; journal; july; june; law; loan borrowers; loan debt; loan interest; loan program; loans; need; new; note; oct; parent; percent; plus; programs; race; rates; reauthorization; recession; reform; repayment; student aid; student debt; student loan; students; supra; supra note; u.s; wealth; years
• On Death’s Doorstep: The Racially Stratified Impact of the Michigan Self-Defense Act and Why Race-Centric Advocacy is Not the Answer by Wolf, Jacob (2015) - The Castle Doctrine was codified into Michigan law with the enactment of the state’s first murder statute in 1846.17 The Riddle court also explained that, at common law, there was only one scenario in which Michigan law imposed an affirmative duty of retreat. Keywords: act; black; carter; death; defense; defense act; doctrine; force; ground; gun; jury; law; laws; legislation; michigan; note; nra; post; race; retreat; riddle; self; stand; state; white
• Color in the “Black Box”: Addressing Racism in Juror Deliberations by Chandran, Ashok (2015) - V. MOVING FORWARD: EMPIRICAL REALITIES OF A TRIAL Other commentators have analyzed this split, positing various reasons for why the issue should be resolved to allow post-conviction inquiry into juror racial bias. Importantly, Rosales-Lopez altered the presumption in such cases; whereas Aldridge and Ham presumed the validity of a defendant's proposed line of questioning, the Rosales-Lopez Court specifically stated that “[t]here is no constitutional presumption of juror bias for or against members of any particular racial or ethnic groups. Keywords: 606(b; bias; black; color; court; criminal; defendants; evidence; juror; jury; justice; law; legitimacy; note; process; race; racial; racism; rule; system; trial; u.s; verdict
• A Critique of the Motivations Behind Negative Action Against Asian Americans in U.S. Universities: The Model Victims by Ho, Shawn (2015) - The perception that Asian Americans are not well-rounded students also stems from the fact that they are thought to be quiet,111 non-assertive,112 and lacking in English language113 and interpersonal skills.114 Asian Americans are thought to be less active in classrooms, and less likely to serve as charismatic and effective leaders.115 Hence, for university admissions, Asian Americans tend to be scored poorly and not be given a “plus” for more intangible characteristics such as leadership qualities116 and special talents.117 This essentialization of Asian Americans students as not being well-rounded can be challenged in multiple ways. She notes that Asian Americans are the “model minority” but not “model Americans”—while Whites view Asian Americans in more favorable terms than African Americans and Latinos, they still view Asian Americans as less intelligent, more violence-prone, lazier, and more likely to prefer living off welfare than Whites.123 Perhaps, worst of all, Asian Americans are viewed as a unit, rather than individuals,124 and as perpetual foreigners.125 C. Conscious Benevolence: Thinking That Negative Action Leads To Diversity Some admissions officers think that negative action towards Asian Americans leads to a more diverse campus,126 and that this diversity eventually benefits Asian Americans.127 Such rationales for negative action suggest that Asian American students themselves feel that they have lost something by going to universities where there are many Asian Americans, as they do not get a chance to develop their intercultural skills for the real world.128 Proponents of negative action have advanced several possible reasons for why negative action towards Asian Americans leads to a more diverse campus. Keywords: action; admissions; americans; applicants; asian; asian americans; berkeley; college; law; minority; model; motivations; officers; race; students; supra note; tsuang; u.s; universities; university; white
• Cherokee Freedmen and the Color of Belonging by Inniss, Lolita Buckner (2015) - This hostility persists largely because the descendants of Cherokee slaves have frequently been excluded as members of the tribe, and have fought their exclusion over the course of the last two hundred years. The Cherokee past practice of black slavery and the past and continuing use of skin color-coded belonging not only undermines the coherence of Cherokee sovereignty, identity, and belonging but also problematizes the notion of an explicitly aboriginal way of life by bridging red and white cultural difference over a point of legal and ethical contention: black inequality. Keywords: african; american; belonging; black; cherokee; cherokee freedmen; cherokee nation; color; constitution; freedmen; indian; law; note; people; race; red; rev; rights; ross; slavery; slaves; sovereignty; states; supra; tribes; united; united states; white
• Bars to Education: The Use of Criminal History Information in College Admissions by Ramaswamy, Rebecca R. (2015) - Even if the schools could successfully show that their use of criminal history records in admissions proceedings serves an educational necessity, they can still be liable under Title VI if there are alternative practices available that would be equally effective in improving campus safety and have less of a racial disparate impact.133 Because considering criminal histories, and even disciplinary histories in general, in admissions decisions does not have a proven effect on improving campus safety,134 identifying equally or more effective alternative methods with less racial impact should be achievable: [B]ecause of the enormous racial disparities found at every stage of the country’s criminal justice system, policies and practices that exclude people with criminal records from institutions of higher learning are a setback to the gains earned through the long and arduous struggle of civil rights activists to open higher education to all people, regardless of race or ethnicity.154 Tolerating discrimination against people with criminal justice histories in higher education, employment, housing, or any other context perpetuates racial injustice by allowing the effects of the racially- charged mass incarceration mechanism to seep into every aspect of society. Keywords: admissions; applicants; campus; college; criminal; disparate; education; employment; histories; history; history records; impact; information; justice; note; people; race; records; students; supra; supra note; system; title; use
• Midwives and Pregnant Women of Color: Why We Need to Understand Intersectional Changes in Midwifery to Reclaim Home Birth by Thompson, Danielle (2016) - 34 Midwives and Pregnant Women of Color Vol. 6.1 found to have helped midwives or who falsely registered midwife births under their names.59 It was not until 1975 with the passage of legislation permitting licensed nurse-midwives to practice only when under the supervision of a physician that any sort of midwife was again allowed to practice in the state of Massachusetts (though lay midwives are still prohibited there). COLUMBIA JOURNAL OF RACE AND LAW 37 It is true that the development and implementation of hygiene and educational regulations and requirements in the early decades of the twentieth century decreased infant and maternal mortality rates.91 This Note also agrees that registering midwives and midwife births undoubtedly aided the data collection process for census statistics. Keywords: birth; century; color; control; home; hospital; medicalization; midwifery; midwives; note; percent; race; regulation; states; supra; supra note; white; women
• Race, Death, and Justice: Capital Sentencing in Washington State, 1981-2014 by Beckett, Katherine; Evans, Heather (2016) - Although it is possible that Washington’s comparatively narrow statutory framework helps to explain the absence of race- of-defendant or race-of-victim effects on prosecutorial decision-making in aggravated murder cases, some extra-legal factors, including the size of the counties’ Black population, do significantly impact prosecutorial decision-making in Washington State capital cases. The following analyses therefore explore the impact of race on prosecutorial decisions to file death notices and, separately, on juries’ decisions30 to impose capital punishment in aggravated murder cases in which death notices have been filed. Keywords: capital; capital cases; cases; characteristics; county; death; death penalty; death sentence; defendants; degree; model; murder; murder cases; note; number; prosecutors; race; results; sentencing; state; victim; washington; white
• Religious Exemptions to Neutral Laws of General Applicability and the Theory of Disparate Impact Discrimination by DeLise, James M. (2016) - Just as Washington v. Davis33 relegated remedies for race-based disparate impact in employment to the statutory level, the Court’s ruling in Employment Division v. Smith,34 served the same function in the context of religious free exercise, as the Court determined that there was no constitutional right to religious exemptions—thus ensuring that Congress and state legislatures would determine the ultimate fate of religious exemptions to generally applicable, neutral laws. McConnell points to this indirect evidence, along with writings of James Madison, to argue that the exemptions approach to free exercise is more consistent with the Framer’s original intent than the no-exemptions approach.55 At the same time, however, he acknowledges that this evidence is merely suggestive and not probative.56 Although other scholars have called McConnell’s original-intent thesis into question, generally their critiques have disputed his finding that religious exemptions are constitutionally mandated, not his evidence of statutory religious exemptions in the colonial and pre-constitutional periods.57 At the very least, then, McConnell provides a cogent defense of the idea that traditional interpretations of religious free exercise incorporated the notion of exemptions to generally applicable laws.58 Keywords: applicability; court; discrimination; employment; exemptions; exercise; impact; interest; laws; protection; race; religion; sherbert; smith; state; title; u.s; vii
• Dismantling Discrimination in the Stairways and Halls of NYCHA Using Local, State, and National Civil Rights Statutes by Obanor, Dorielle E. (2016) - The Negative Implications Of NYPD’s Vertical Patrol Policy Today, during a vertical patrol, NYPD officers systematically check and monitor numerous buildings by scanning roof landings, stairwells, and lobbies of various New York City housing projects.32 Microsoft Word - Obanor FINAL.docx 2016 COLUMBIA JOURNAL OF RACE AND LAW 169 DISMANTLING DISCRIMINATION IN THE STAIRWAYS AND HALLS OF NYCHA USING LOCAL, STATE, AND NATIONAL CIVIL RIGHTS STATUTES DORIELLE E. OBANOR* This Note explores various national and New York civil rights statutes that may be used to combat abusive police tactics in New York City Housing Authority (“NYCHA”) buildings. Keywords: buildings; city; claim; davis; discrimination; housing; law; new york; note; nycha; nypd; patrols; plaintiff; police; public; race; residents; rights; supp; york city
• Race, Class, and Religion: Creaming and Cropping in Religious, Ethnic, and Cultural Charter Schools by Ben Shahar, Tammy Harel (2016) - Meanwhile, more than two million students attend charter schools today, and demand for charter schools continues to grow.27 Within this enormously diverse category of charter schools, this Article focuses on one kind of charter school— REC charter schools. Therefore, the fact that a certain kind of charter school, namely REC charter schools, is disadvantaging children from marginalized groups should be of interest not only to opponents of the charter movement that may use it as another proof of its ills, but even more so to charter enthusiasts, who seek to improve the operation of charter schools. Keywords: charter schools; children; choice; columbia; communities; community; composition; creaming; cropping; cultural; district; education; effects; example; hebrew; journal; law; legislation; minority; note; parents; public; race; rec charter; rev; school choice; segregation; states; students; supra; supra note; vol
• Puerto Rico Before the Supreme Court of the United States: Constitutional Colonialism in Action by Berdecía, Andrés González (2016) - Part II of this Article will discuss Puerto Rico v. Sánchez Valle, setting forth the underlying facts of the case, the legal issues presented, what Puerto Rico courts held, and what the United States Supreme Court ultimately decided. Part II of this Article will discuss Puerto Rico v. Sánchez Valle, setting forth the underlying facts of the case, the legal issues presented, what Puerto Rico courts held, and what the Supreme Court ultimately decided. Keywords: act; american; case; columbia; commonwealth; congress; constitution; court; federal; government; island; jeopardy; journal; justice; law; majority; people; puerto ricans; puerto rico; race; rico v.; sovereignty; states supreme; supreme court; sánchez; territory; u.s; united states; v. united; valle
• Risky Business: Critiquing Pennsylvania’s Actuarial Risk Assessment in Sentencing by Corey, Jessica (2016) - Part II of this Article will discuss Puerto Rico v. Sánchez Valle, setting forth the underlying facts of the case, the legal issues presented, what Puerto Rico courts held, and what the United States Supreme Court ultimately decided. Part II of this Article will discuss Puerto Rico v. Sánchez Valle, setting forth the underlying facts of the case, the legal issues presented, what Puerto Rico courts held, and what the Supreme Court ultimately decided. Keywords: act; american; case; columbia; commonwealth; congress; constitution; court; federal; government; island; jeopardy; journal; justice; law; majority; people; puerto ricans; puerto rico; race; rico v.; sovereignty; states supreme; supreme court; sánchez; territory; u.s; united states; v. united; valle
• From Status to Agency: Abolishing the “Very Spirit of Slavery” by Johnson Jr., Herman N. (2019) - In the Americas, the primary purpose of slave labor was the production of staple commodities – sugar, coffee, tobacco, rice, cotton, gold, and silver – for sale on world markets. In the North, slave labor initially competed with free laborers for artisan positions in urban areas.255 Northern states never became complete slave societies. Keywords: agency; amendment; black; columbia; contract; court; discrimination; disparate; free; freedom; harlan; ideology; impact; individual; interpretation; journal; justice; labor; law; persons; protection; race; rights; slavery; slaves; social; society; south; status; supra note; system; thirteenth; thirteenth amendment; u.s; united; united states; vol; war; white; work; workers
• Rap Exegesis: Interpreting the Rapper in an Internet Society by Kerr, Andrew Jensen (2017) - The most obvious difference is that rap lyrics are not intended to be read; they are intended to be heard. 25 See, e.g., Dennis, supra 9, at 20 (referencing Michael Eric Dyson notion of collective experience in rap lyrics). Keywords: album; art; article; bell; chief; columbia; court; creator; e.g.; exegesis; hip; identity; internet; journal; keef; kubrin; law; life; literature; lyrics; music; note; race; rap; rapper; supra; tyler; vol
• African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate by Kolawole, Bolatito (2017) - This Note argues that the intersectional identity of Black African immigrants, being Black and foreign, renders them effectively invisible in the immigration debate and vulnerable to policies that affect them both due to their Blackness as well as their status as foreigners. In an era where America’s immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their entry into the United States, stripped away without recognition of the benefit they pose to them. Keywords: act; american; discrimination; diversity; groups; immigrants; immigration; intersectionality; law; note; people; policies; race; supra; supra note; united; united states; visa
• The Status Quo of Racial Discrimination in Japan and the Republic of Korea and the Need to Provide for Anti-Discrimination Laws by Yi, Yujin (2017) - No. 4:410] THE STATUS QUO OF RACIAL DISCRIMINATION 413 determined by the parents’ nationality, and rarely grant citizenship to those who are not ethnically Japanese or Korean; and (2) in a broad sense, the two nations limit the scope of protection against racial discrimination only to citizens and provide inadequate protection for foreigners, whether they are temporary visitors or permanent residents. No. 4:410] THE STATUS QUO OF RACIAL DISCRIMINATION 455 difficulty to do it in the absence of a national law which contemplates such offences.174 The situation in Korea is similar, as shown in Part IV, in the context of consideration of racial discrimination among businesses. Keywords: act; case; citizens; columbia; constitution; court; discrimination; foreigners; government; japan; japanese; journal; korea; koreans; law; laws; nationality; note; population; protection; quo; race; rights; states; supra; united; vol
• Neutral in Name: Rothe, the Error of Anticlassification, and the State of Race-Neutral Means by Sharon, William (2018) - In contrast, the Rothe court noted, § 637(a)(5) allows consideration of personal experience (e.g., subjection to racial prejudice) in gauging social disadvantage.126 Unlike Bakke, Rothe does not rely on race qua race, and therefore does not contain an express racial classification.127 Next, the Rothe court addressed § 637(a) from a disparate impact perspective.128 The court did not deny that, when it enacted the statute, Congress was aware of the racial effect § 637(a) would have.129 But Judge Pillard, writing for the majority, noted that congressional anticipation of disproportionate racial effects, absent a discriminatory purpose, does not condemn a law to strict scrutiny.130 “Mere foreseeability of racially disparate impact, without invidious purpose, does not trigger strict constitutional scrutiny. Racial affirmative action is based on antisubordination reasoning.58 That is, it relies on racial parity not as a means but as an end. Keywords: action; anticlassification; court; impact; law; people; plan; race; rothe; scrutiny; u.s
• Slurred Speech: How the NLRB Tolerates Racism by LeRoy, Michael H. (2018) - My proposal not only limits the worst type of union election speech, but would focus campaigns on economics and the benefits and drawbacks of having union representation. The NLRB also regulates employee speech to ensure that it does not interfere with free choice. Keywords: appeals; board; campaign; cases; cir; co.; columbia; company; corp; court; discrimination; election; employees; employer; f.2d; harassment; inc; journal; klan; labor; law; messages; n.l.r.b; nigger; nlra; nlrb; policy; race; racist; representation; rulings; sewell; slurs; speech; supp; title; union; v. n.l.r.b; vii; vol; white; workers; workplace
• Broadening Diversity on the Bench: Voting Behavior and Panel Effects on the United States Courts of Appeals by Hu, Diane (2018) - A binary variable that only accounts for liberal or not liberal might simplify tests, but it also would have ignored even more nuance in case decisions. Conversely, when a judge votes in extreme ways when sitting on a panel with other judges of the same party, it is called ideological amplification or group polarization. Keywords: appeals; bench; cases; characteristics; courts; decision; diversity; female; gender; judges; law; note; panel; presence; race; results; variables; vote; voting
• Socioeconomic and Racial Disparities in Public Special Education: Alleviating Decades of Unequal Enforcement of the Individuals with Disabilities Education Act in New York City by Gumas, Nicholas (2018) - Prior to the start of the school integration movement in 1954, the most recent report on issues facing minority students in City public schools was published in 1915.91 92 A study published in the fall of 1955 illustrated that roughly eight percent of City public schools were 90 percent or more non- white, and compared to schools that were over 90 percent 88 THE CIVIL RIGHTS PROJECT, supra note 2; See also, Niraj Chokshi, The most segregated schools may not be in the states you’d expect, WASH. Keywords: child; children; city; disabilities; disparities; education; enforcement; idea; law; new; new york; note; parents; program; public; race; reimbursement; school; services; state; students; supra; supra note; tuition; voucher; york; york city
• Russian Election Interference and Race-Baiting by Johnson, Darin E.W. (2019) - [Vol. 9:2 This Article’s goal is to widen the public conception that racism is an exploitable phenomenon that undermines American national security, and to frame the retrenchment of institutionalized racism as a national security priority of the United States.15 Part II of the Article provides background on Russian interference in the 2016 presidential election campaign, the 2018 midterm election, and ongoing interference leading up to the 2020 election. However, these policies of racial oppression themselves threatened American national security and stability because they divided the nation. Keywords: african; american; black; campaign; columbia; community; cyber; discrimination; division; election; election interference; executive; federal; foreign; government; institutions; intelligence; interference; international; journal; law; media; minority; muslim; national; national security; new; note; order; practices; president; race; racism; report; rights; russian; security; security institutions; security threat; states; supra; threat; trump; u.s; united states; vol; war
• The Construction and Criminalization of Disability in School Incarceration by Nanda, Jyoti (2019) - This is in sharp contrast to students in well-funded school districts where, despite limited funding, resources are more plentiful; there is a higher likelihood of teaching special education students in main- stream classes (inclusion), less surveillance, more college counselors, more access to special education resources, includ- ing attorneys, and students are thereby less likely to be sus- pended, expelled, and criminalized.171 First, the heavy police presence emblematic of hyper- surveillance at schools has a significant impact on children with disabilities.172 Specifically, the presence of police officers 170 For a thoughtful analysis on this issue, see KIMBERLÉ CRENSHAW ET AL., CRITICAL RACE THEORY: THE KEY WRITINGS THAT FORMED THE MOVEMENT (1995). The current average per student cost is $7,552 and the average cost per special education student is an additional $9,369 per student, or $16,921. Keywords: article; behavior; bias; black; children; columbia; criminalization; disabilities; disability; discipline; education; idea; incarceration; journal; justice; juvenile; latinx; latinx students; law; learning; note; pipeline; police; prison; process; public; race; school; services; special; state; students; supra; supra note; surveillance; system; teachers; youth
• From Housing to Health: Imagining Antidiscrimination Provisions for Menthol Cigarette Marketing by Li, Olivia (2019) - In particular, African American smokers overwhelmingly smoke menthol cigarettes, which are tobacco cigarettes flavored with the compound menthol. While the percentage of African American adults who smoke is about equal to the share of White Americans who smoke, African American smokers overwhelmingly prefer menthol cigarettes. Keywords: advertising; african; americans; cigarettes; companies; fda; fha; health; housing; law; marketing; menthol; menthol cigarettes; minority; note; plaintiffs; practices; predatory; products; race; rights; smokers; smoking; tobacco; use; white; youth
• AN UPHILL BATTLE FOR REPARATIONISTS: A QUANTITATIVE ANALYSIS OF THE EFFECTIVENESS OF SLAVERY REPARATIONS RHETORIC by Conklin, Michael (2020) - 30 A 2019 survey found 13% support for slavery reparations among White Americans,31 which is more than a 300% increase from the only 4% support from White Americans in 2013.32 Sixteen of the twenty Democratic candidates for president in the first round of the 2020 NBC presidential debates have, in some way, expressed support for reparations.33 Compare that to the 2016 Democratic primary where all three candidates on the ballot in Iowa expressly rejected reparations.34 Although Barack Obama arguably supported 29 Donna Owens, Veteran Congressman Still Pushing for Reparations in a Divided America, NBC NEWS (Feb. 20, 2017, 2:18 AM), https://www.nbcnews.com/news/nbcblk/rep-john-conyers-still- pushing-reparations-divided-america-n723151. But even among African Americans, support for slavery reparations is less than 60%.41 35 Kevin Outterson, The End of Reparations Talk: Reparations in an Obama World, 57 KAN. Keywords: 10:1; african; americans; cash; form; government; harm; law; note; person; prompt; race; reparations; slavery; slavery reparations; support; supra; white
• RICE PADDIES ON THE WHITE HOUSE LAWN: CFIUS & THE FOREIGN CONTROL REQUIREMENT by Reville, Tricia (2020) - As a result of growing concern over foreign investment, Congress passed the Omnibus Trade and Competitiveness Act of 1988.61 The bill included the Exon-Florio Amendment, which gave “the President or the President’s designee” the power to “investigate” foreign investment activity like the proposed Fujitsu Ltd. acquisition.62 The bill effectively codified President Ford’s executive order establishing the CFIUS review process.63 When President Reagan issued an executive order making CFIUS his delegate for over- seeing the Exon-Florio provisions,64 CFIUS transformed from an “obscure” administrative committee with “limited authority” to an “important component of U.S. foreign investment policy with a broad mandate. FOREIGN DIRECT INVESTMENT IN THE UNITED STATES AND THE CREATION OF CFIUS CFIUS’ role in reviewing foreign investments is critical because the U.S. is the largest recipient in the world of FDI.16 Americans benefit from the presence of foreign investment in the U.S. Over 7 million Americans work for “foreign-owned firms” in the U.S.17 and, in 2013, “foreign-owned companies” paid over 16% of the total revenue from U.S. federal corporate income tax.18 Additionally, “foreign sources” filed for over 50% of recent utility 16 FDI In The USA, U.S. DEP’T OF COMMERCE, https://www. selectusa.gov/why-fdi. Keywords: 10:1; american; cfius; cfius review; chinese; companies; company; congress; control; corporation; fdi; foreign; identity; investment; investors; law; national; person; president; race; ralls; review; rice; security; states; supra note; transactions; u.s; united
• Let's Talk About Reparations by Taifa, Nkechi (2020) - 12 Ta-Nehisi Coates, The Case for Reparations, THE ATLANTIC (Jun. 2014), https://www.theatlantic.com/magazine/archive/2014/06/the-case-for- reparations/361631/ (Coates’ essay discussing the idea of financial compensations for the descendants of slaves transformed the national discussion around reparations and put it at the center of U.S. public discourse. So the end of the 20th century brought renewed vigor to the call for reparations for people of African descent in the United States—with the founding of the National Coalition of Blacks for Reparations in America. Keywords: african; amendment; american; bill; black; civil; columbia; commission; descendants; feature; issue; journal; law; movement; national; new; people; race; reparations; rights; slavery; states; time; united; united states; vol; white
• Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions by Gonçalves, Jr., Walter I. (2020) - 6 See United States Sentencing Commission, Overview of Federal Criminal Cases Fiscal Year 2016 6 (May 2017) (over half (50.8%) of all drug offenders convicted in federal court were Latinx, while Black offenders constituted 23.6 percent of all drug offenders, and White offenders were 22.8 percent of all drug offenders). It would be difficult to study illegal entry prosecutions from the perspective of interest convergence because there is no convergence of interests between subjugated Latinxs and American elites in the adjudication of illegal entry and drug courier cases. Keywords: act; american; attorney; bias; border; cases; client; columbia; couriers; courts; criminal; crt; defendant; defense; drug; drug couriers; enforcement; entry; government; history; immigrants; immigration; incarceration; journal; jurors; justice; l. rev; latinxs; law; lawyer; level; mexican; mexico; new; note; people; prosecutions; race; rev; sentencing; states; supra; supra note; system; theory; time; u.s; united; united states; voir; vol; war; white
• Defying Congressional Intent : Justices Miller and Bradley Alter the Course of Reconstruction by Montoya , John (2020) - As such, the Framers’ concept of circumventing states that deprived and denied Fourteenth Amendment rights was filtered through a state action requirement. Bradley also dismissed the third count on the ground that the unlawful conduct was not attributable to the state, the same fault he attributed to the first two counts.173 In his dismissals of counts one, two, and three of the indictment because the indictment failed to name the state as an actor, Justice Bradley disregarded the language of Senator Pool and Representative Jeremiah Wilson.174 Both legislators were clear that in circumstances where states failed to act, for whatever reason, the federal government had authority to provide the missing protection.175 In Bradley’s narrow conception, however, the state had fulfilled its duty under the Fourteenth Amendment if it simply refrained from passing any law to abridge the privileges and immunities of citizens.176 Even if the state government took no affirmative action to secure citizens’ rights, or if other branches of state government were unwilling or unable to ensure equal enforcement of state laws, the federal government, in Bradley’s view, could not directly enforce these privileges and immunities.177 172 Id. at 715. Keywords: act; amendment; bradley; citizens; civil; congress; enforcement; enforcement act; federal; fourteenth; immunities; intent; law; privileges; race; rights; section; state; supra; u.s; united; united states
• The Failure to Protect Pregnant Pretrial Detainees: The Possibility of Constitutional Relief in The Second Circuit Under a Fourteenth Amendment Analysis by Jones , Joella Adia (2020) - Falling victim to a particularly pernicious mythology that degrades Black motherhood,8 Black women are more likely to die from preventable pregnancy-related complications than White women.9 For Black pregnant women in prisons and jails, these health inequities are irrefutably compounded.10 As outlined in the seminal scholarship of Dorothy Roberts, racist ideology in America paints Black reproduction as a “form imprisoned at some point in their lifetime.”); Jamal Hagler, 6 Things You Should Know About Women of Color and the Criminal Justice System, CTR. No. 10:2] THE FAILURE TO PROTECT 143 of degeneracy,” perpetuating the myth that Black mothers transmit inferior physical traits and damage their babies in utero because of reckless habits during pregnancy.11 While the modern movement for reproductive justice has gained mainstream visibility,12 the goals of reproductive freedom, health equity, and racial justice have yet to be realized.13 The practice of shackling pregnant women is one of the most glaringly dehumanizing abuses women in American prisons and jails endure.14 Keywords: amendment; bail; care; circuit; claims; columbia; conditions; confinement; correctional; court; detainees; failure; health; indifference; justice; law; medical; note; pregnancy; prison; prisoners; race; risk; shackling; standard; state; supra; supra note; u.s; use; women
• Talking Black : Destigmatizing Black English and Funding Bi-Dialectal Education Programs by Beaubrun, Gelsey G. (2020) - 11 Beyond assessing Black children in relation to the achievement of their White counterpart, many Black children are not performing on grade level and are falling behind. The legal landscape has not equipped American schools to address the linguistic barrier that that majority of Black children encounter when they first enter schools.164 Instead, schools unfairly burden Black children to learn standard English without any support services that target the difference between standard English and AAVE.165 While many Black children make the transition to standard English, many more do not.166 In particular, Black children that live in communities isolated from mainstream society are more vulnerable to struggling academically in school.167 The current tools and resources available in schools cannot resolve the underlying issues that leave many Black children “graduating” from high school functionally illiterate.168 Federal and state laws and policies must 163 20 U.S.C. § 6301. Keywords: aave; achievement; african; american; black; challenges; children; education; english; infra; language; law; laws; learning; literacy; note; people; programs; race; reading; school; south; speak; speakers; standard; state; students; supra note; white
• Environmental Justice and Pennsylvania's Environmental Rights Amendment: Applying the Duty of Impartiality to Discriminatory Siting by Elkin, Jacob (2021) - Under the Robinson Township approach, state actors are bound by a substantive duty to avoid environmental decision-making that disproportionately harms certain communities; 105 under the PEDF approach, they must merely consider those disproportionate impacts in their decision-making process.106 As Part III.B illustrates, neither of these two understandings has firmly settled in Pennsylvania environmental law, leaving room for environmental justice advocates to shape the law through future litigation. As a result, the Board’s opinion failed to further solidify an understanding of the duty of impartiality in Pennsylvania environmental law. Keywords: act; amendment; commonwealth; communities; court; duty; environmental; environmental justice; impartiality; justice; law; pennsylvania; public; race; rights; rights amendment; robinson; section; siting; state; township; trust
• Adopting the Cumulative Harm Framework to Address Second-Generation Discrimination by Galván, Nicolás Quaid (2021) - 8 Russo, 410 S. Ct. at 2103. 2021] CUMULATIVE HARM FRAMEWORK 151 way, imposes a different burden upon this person in obtaining an abortion. (“[A] free-floating fundamental fairness rule subverts the uniformity of results that is the basic goal of an organized legal system: one defendant may persuade the court that his five non- constitutional errors denied fundamental fairness, while another, less 2021] CUMULATIVE HARM FRAMEWORK 157 framework, the Fifth Circuit reasoned, would lead to an “infinitely expandable concept that, allowed to run amok, could easily swallow the jurisprudence construing the specific guarantees of the Bill of Rights and determining minimum standards of procedural due process. Keywords: abortion; amendment; approach; burden; cir; colum; court; defendant; discretion; discrimination; errors; evidence; generation; harm framework; law; note; race; rev; reviewing; right; second; states; supra; supreme; totality; trial; u.s; united
• Racial Discrimination in Nationality Laws: A Doctrinal Blind Spot of International Law? by Foster, Michelle; Baker, Timnah Rachel (2021) - For instance, while the severe persecution and forcible deportation of Rohingya people from Myanmar in 2014 and 2017 has recently been widely condemned by the international community,6 very little attention was directed at first instance to the racially discriminatory denationalization of Rohingya people that is a root cause of the predicament.7 This “racial aphasia,” that is, a “collective inability to speak about race” 8 in the context of nationality (at least until it reaches a point of crisis), may reflect a perennial tension between nationality as it pertains to individual rights (for example, the right to a nationality and the right not to be deprived of it arbitrarily) and nationality as it is reserved to the domain of states.9 Despite the “astounding shift in international law from protecting the sovereignty of racism at the beginning of the twentieth century to openly combatting it by the beginning of the new millennium,”10 the sovereign fortress of nationality laws still seems somewhat impervious to direct attack, even where such laws contravene anti-racial discrimination norms. The international community’s historic reluctance to properly limit Article 1(3)’s scope in a robust and principled manner may mean that Article 1(3), or its animating assumptions, continues to exert an influence on the evolution of nationality laws and practices. Keywords: article; cerd; citizenship; cogens; comm; committee; concluding; convention; discrimination; doc; elimination; general; international; jus; law; nationality; nationality laws; non; norm; note; observations; race; rights; state; statelessness; supra; supra note; u.n
• Uprooting Authoritarianism: Deconstructing the Stories Behind Narrow Identities and Building a Society of Belonging by powell, john a.; Toppin, Jr., Eloy (2021) - ”32 While Marche sees the attack on institutions by the Trump Administration as an attack on structural norms, Trump is also fighting for a society that values white people above all others. This point, at least, they implicitly understand: white people—who occupy the dominant position in the West— were the only ones included in the data sample they used to analyze authoritarianism.41 A. Keywords: anxiety; authoritarianism; belonging; change; colum; dominant; equality; group; haidt; identity; immigration; institutions; j. race; new; note; order; people; political; process; race; self; sense; social; society; states; stenner; supra; supra note; threat; united; vol; white; whiteness; work; world
• Racially Motivated Spying Pretext: Challenging the FBI's New Regime of Racialized Surveillance by Patel, Vinay (2021) - The population of potential Black targets of FBI surveillance will be referred to as “Black activists” as shorthand in this Comment, but any Black person suspected of being active or sympathetic to racial justice movement may be targeted. Consequently, the FBI subjected Dr. http://www.sfltimes.com/opinion/black-identity-extremist-label-just-another- excuse-to-silence-activists [https://perma.cc/VN8Q-5L4B] (drawing a line through slavery, segregation, and anti-Black violence by police and civilians, to FBI surveillance of Alleged BIEs as “a new way to legally curtail the freedom of African Americans,” and “yet another effort at race control.”). Keywords: 2018–20; 2018–20 guidance; activists; assessment; bie; bie threat; black; fbi; guidance; law; level; people; police; race; rmve; spying; supra note; surveillance; threat; violence; vol; white; wse
• We Do Not Want to Be Hunted: The Right to Be Secure and Our Constitutional Story of Race and Policing by Gans, David H. (2021) - police conductwhich Fourth Amendment law enablesis often the predicate to $back end! Converging doctrinal rules have led to the collapse of a system of remedies capable of holding the police to account when they violate the Constitution.393 While remedies 391 Compare Steiker, supra note 121, at 851 (defending the exclusionary rule because it “involves the courts in the ongoing project of developing a detailed body of Fourth Amendment law” and establishes rules that “the political branches of government would otherwise neglect”), and Albert W. Alschuler, Herring v. United States: A Minnow or a Shark?, 7 OHIO ST. J. CRIM. Keywords: amendment; americans; arrest; black; cause; colum; cong; constitutional; court; court!s; discretion; doctrine; fourteenth; fourteenth amendment; fourth; government; history; j. race; justice; l. rev; law; laws; new; officers; people; police; police officers; police violence; policing; power; protection; race; reconstruction; rev; rights; search; searches; security; seize; seizures; state; stop; supra note; supreme; terry; u.s; vagrancy; violence; vol; white
• Foreword: Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being by Polikoff, Nancy D.; Spinak, Jane M. (2021) - Other possible terms, all more accurate than child welfare system are family destruction system, see RISE supra, and child removal system, see Robert Latham, A Starter Reading List on How Child Welfare Policies Harm Black People, Families, and Communities, (June 12, 2020), https://robertlathamesq.org/a-starter-reading-list-on-how-child-welfare- policies-harm-black-people-families-and-communities [https://perma.cc/8J5Z- HFNK] (“The child welfare system has nothing to say about anti-Black state violence because the child removal system engages in it daily.”). These efforts have been focused, for the most part, on making the current family regulation system work better without fundamentally challenging its 13 See generally ROBERTS, supra note 2; MARTIN GUGGENHEIM, WHAT’S WRONG WITH CHILDREN’S RIGHTS (2005); TINA LEE, CATCHING A CASE: INEQUALITY AND FEAR IN NEW YORK CITY’S CHILD WELFARE SYSTEM (2016); DON LASH, WHEN THE WELFARE PEOPLE COME: RACE AND CLASS IN THE U.S. CHILD PROTECTION SYSTEM (2017); MICAL RAZ, ABUSIVE POLICIES: HOW THE AMERICAN CHILD WELFARE SYSTEM LOST ITS WAY (2020); DIANE L. REDLEAF, THEY TOOK THE KIDS LAST NIGHT: HOW THE CHILD PROTECTION SYSTEM PUTS FAMILIES Keywords: child; child welfare; children; colum; families; family; family regulation; foster; j. race; law; race; regulation; regulation system; services; symposium; system; welfare; welfare system
• Keynote: How I Became a Family Policing Abolitionist by Roberts, Dorothy (2021) - Over the last thirty years, states across the nation have been sued for running child welfare systems that severely harm children. Black children made up nearly half of the U.S. foster care population, although they constituted less than one-fifth of the nation’s children.2 That made them four times as likely to be in foster care as white children. Keywords: care; children; colum; families; family; foster; j. race; policing; prison; race; system; welfare
• Closing Remarks: 10th Annual Symposium: How the Law Underdeveloped Racial Minorities in the United States by Hoag, Alexis (2021) - She then introduced carceral abolition as a theoretical and practical framework to understand the law’s underdevelopment of Black people and to help address the criminal legal system’s disparate impact on racial minorities. Due to generations of unequal access to health care, Black people experience higher rates of the very illnesses that make them most susceptible to the Coronavirus—diabetes, hypertension, and sickle cell disease. Keywords: abolition; black; columbia; law; people; professor; race; rights; school; underdevelopment
• Calculating the Souls of Black Folk: Predictive Analytics in the New York City Administration for Children's Services by Abdurahman, J. Khadijah (2021) - Child welfare services are provided through 58 Local Departments of Social Services (LDSS) and over 350 voluntary and preventive services agencies. This highlights how Black and Brown children—already overrepresented in child welfare data— become a site of experimentation for city agencies developing automated decision-making systems. Keywords: acs; act; agencies; analytics; black; care; children; city; data; families; family; folk; foster; new; new york; prevention; prevention services; race; report; risk; services; souls; state; system; welfare; york
• Political-Economic Roots of Coercion : Slavery, Neoliberalism, and the Racial Family Policy Logic of Child and Social Welfare by Alphonso, Gwendoline M. (2021) - Additionally, the historical focus on Black mothers in the policy treatment of Black families as demonstrated here, highlights the centrality of race and gender as intersectional sites in the construction of racial subordination and, arguably, challenges the contemporary political discursive focus on endangered Black males as pivotal to Black family vulnerability. [Vol. 11:471 B. State Practices of Black Family Fragmentation & Coercion Using the Black economic utility standard, antebellum courts and legislatures upheld widespread fragmentation of Black families. Keywords: black; child; child welfare; children; economic; families; family; labor; mothers; note; policy; race; slavery; standard; state; supra; utility; welfare; white; women
• Abolition, Settler Colonialism, and the Persistent Threat of Indian Child Welfare by Rocha Beardall, Theresa; Edwards, Frank (2021) - This Congressional legacy provides critical context to current data on Native child removal, linking early histories of settler violence with later assimilationist programs including boarding schools and the adoption of Native children into non-Native homes. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century and the widespread adoption of Native children into non-Native homes in the 20th century. Keywords: act; aian; care; child; child welfare; children; data; families; family; family separation; foster; icwa; indian; native; note; race; separation; settler; state; system; welfare system; white
• Twentieth Century Black and Native Activism Against the Child Taking System: Lessons for the Present by Briggs, Laura (2021) - While this approach did not solve all the problems of the child welfare system’s treatment of Native children, it reduced the presence of children in state child welfare systems; and at the very least, did not make things worse, as the Urban 50 Stephen Wall, The State of Indigenous America Series: Federalism, Indian Policy, and the Patterns of History, 25 WICAZO SA REV. 4 Claudia Lawrence-Webb, African American Children in the Modern Child Welfare System: A Legacy of the Flemming Rule, in SERVING AFRICAN AMERICAN CHILDREN: CHILD WELFARE PERSPECTIVES 9–30 (Sondra Jackson & Sheryl Brissett-Chapman eds., 1998). Keywords: american; care; child welfare; children; families; family; foster; home; indian; louisiana; mothers; note; people; race; state; supra; system; tribal; welfare; welfare system; white; workers
• How Racial Politics Led Directly to the Enactment of the Adoption and Safe Families Act of 1997: The Worst Law Affecting Families Ever Enacted by Congress by Guggenheim, Martin (2021) - In addition to Professor Roberts, two of my personal heroes—Peggy Cooper Davis and Khiara Bridges—are exemplars of brilliant Black scholars of American law who have focused with a bead eye on the extent to which racism has gravely damaged America’s “child welfare” system.2 Any student of this 1 Here are but a sample of her writings: DOROTHY E. ROBERTS, SHATTERED BONDS: THE COLOR OF CHILD WELFARE (2002) Quite the contrary, child welfare is not even within the portfolio of any so-called “child welfare commissioner” anywhere in the United States. Keywords: black; children; families; family; katz; law; parents; poverty; race; regulation; roberts; states; system; welfare
• Mutual Deference Between Hospitals and Courts: How Mandated Reporting from Medical Providers Harms Families by Presler, Clara (2021) - CAPTA aimed to systematize and strengthen existing programs by “provid[ing] financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect” to establish a National Center on Child Abuse and Neglect, “and for other purposes.” Passed in 1973, New York’s Child Protective Services Act addressed the concern that child abuse was going undetected and acted on a legislative intent to increase reporting of suspected child maltreatment to the state.16 The Act https://www.washingtonpost.com/news/made-by-history/wp/2018/05/01/more- mandatory-reporting-wont-keep-children-safe-from-predators/ [https://perma.cc/3JQ9-3W5J]. Keywords: abuse; care; child; child abuse; children; clinician; concern; court; deference; factors; families; family; hospital; information; parents; race; report; reporting; risk; suspicion; system
• The White Supremacy Hydra: How the Family First Prevention Services Act Reifies Pathology, Control, and Punishment in the Family Regulation System by Mack, Miriam (2021) - Further emphasizing this point is the Act’s spending flexibility, allowing state family regulation systems to move more “upstream;” or in other words, enable earlier interventions into families’ lives.142 Beyond ongoing monitoring, the Family First Act tethers eligibility for reimbursement for prevention services to the maintenance of a “prevention plan” that identifies “the foster care prevention strategy for the child so that the child may remain safely at home . . For example, between 1981 and 1990, federal spending on family regulation system services went from $0.5 billion to $1.6 billion.28 The vast majority of these dollars were allocated to support the programs and costs associated with children placed in the foster system rather than on family preservation.29 3. Keywords: act; care; child; child welfare; children; control; families; family regulation; foster; health; note; opioid; parents; policy; prevention; programs; race; regulation system; services; state; state family; supra; supra note; welfare; white
• Assimilation, Removal, Discipline, and Confinement: Native Girls and Government Intervention by Rolnick, Addie C. (2021) - As Jacobs explains, it “normalized Indian child removal and undermined the customary socialization of Indian children; several generations grew up without learning how to raise children within their own cultural contexts. A full understanding of the roots of child separation must begin with Native children. Keywords: adoption; american; assimilation; boarding; boarding school; care; child welfare; children; communities; courts; discipline; families; family; federal; foster; girls; government; indian; interests; justice; juvenile; law; native; note; parents; people; policy; race; removal; school; state; supra; systems; tribal; welfare
• Ending the Family Death Penalty and Building a World We Deserve by Albert, Ashley; Bain, Tiheba; Brico, Elizabeth; Dinkins, Bishop Marcia; Houston, Kelis; McMillan, Joyce; Quarles, Vonya; Sangoi, Lisa; Cloud, Erin Miles; Marx-Arpadi, Adina (2021) - We write this and continue to be stunned by the amount of money this law has funneled into family regulation systems across the country. In 2017 alone, states were projected to receive $2.658 billion in federal Title IV-E adoption assistance budget to fund other families to care for our children.23 From 1999 to 2014 the federal government projected that it gave states $423,754,125 as an award for dissolving our families and adopting out our children.24 Over the course of 20 years, the federal government (not including state governments) has spent tens of billions of dollars on paying other families to permanently raise our children and the children of the families 21 U.S. GOV'T ACCOUNTABILITY OFF., GAO-03-626T, FOSTER CARE: STATES FOCUSING ON FINDING PERMANENT HOMES FOR CHILDREN, BUT LONG- STANDING BARRIERS REMAIN 2 (2003). Keywords: adoption; asfa; building; change; children; communities; community; death; death penalty; families; family; family death; law; mothers; movement; penalty; people; race; rights; system; time; welfare; work; world
• Editor's Note: Growth in Unprecedented Times by Galván, Nicolás Quaid (2021) - Our relationship with Columbia Law School and our Journal changed. Editor-in-Chief, Columbia Journal of Race and Law, Volume 11. Keywords: colum; columbia; journal; law; race
• Re-envisioning Child Well-being: Dismantling the Inequitable Intersections Among Child Welfare, Juvenile Justice, and Education by Stewart, Kele (2022) - The mechanisms by which they disadvantage Black children share a common pattern. Black children are pathologized and labeled as defective and deviant, subjected to harsh and traumatizing treatment, and separated from their families and communities—which taken together destroys relationships, opportunities for healthy development, and educational access. Keywords: black; care; child welfare; children; communities; community; education; families; family; family regulation; foster; health; justice; justice system; juvenile; note; outcomes; placement; poverty; prison; race; regulation; regulation system; rev; school; services; social; students; supra; supra note; system; trauma; welfare; youth
• Foreword: Response to the Symposium by Lee, Tina (2022) - My research looked at the history of child welfare in New York City and how it emerged as a way to police “dangerous” populations in the mid- nineteenth century (i.e. Irish, Eastern and Southern Europeans who were, at the time, considered racially inferior), how the system punished families of color for poverty through child removal, how the courts were or were not a forum for checking the power of the child welfare agency, and how a focus on “compliance” recreated poverty, leaving families more vulnerable. [T]he child welfare system helps to make the impoverishment and societal neglect of children tolerable to the larger population by promoting the idea that children are valued and protected. Keywords: child; child welfare; children; colum; families; family; j. race; note; parents; race; supra; system; welfare
• The New Jim and Jane Crow Intersect: Challenges to Defending the Parental Rights of Mothers During Incarceration by Laroche, Carla (2022) - In one study, researchers reported that “children of incarcerated mothers had much higher rates of incarceration — and even earlier and more frequent arrests — than children of incarcerated fathers.”). 2 I use “family regulation system” when discussing the legal system that allows a state agency to insert itself into the parenting of children, remove children from their homes, and seek the termination of parental rights. Keywords: access; case; children; clients; counsel; court; criminal; crow; defense; face; families; family; family regulation; incarceration; jails; jane; jim; justice; lawyers; mothers; new; parents; people; prison; race; regulation system; rights; services; state; supra note; system; u.s; women
• Adoption Cannot Be Reformed by Albert, Ashley; Mulzer, Amy (2022) - The co-authors both strongly prefer to call the birth parents of adopted children what they are: their parents. [https://perma.cc/TBS9-725U] (first part of a series reporting on an investigation into the “underground market for adopted children”)); Megan Twohey, In a Shadowy Network, a Pedophile Takes Home a “Fun Boy,” REUTERS (Sept. 9, 2013), https://www.reuters.com/ investigates/adoption/#article/part2 (second part); Megan Twohey, With Blind Trust and Good Intentions, Amateurs Broker Children Online, REUTERS (Sept. 10, 2013), https://www.reuters.com/investigates/adoption/#article/part3 (third part); Megan Twohey, Despite Grave Dangers, Government Allows Internet Forums to Go Unchecked, REUTERS (Sept. 10, 2013), https://www.reuters.com/investigates/adoption/#article/part4 (fourth part); Megan Twohey, Orphaned in Russia, Brought to America, and then Abandoned Time and Again, REUTERS (Sept. 11, 2013), https://www.reuters.com/investigates/adoption/#article/ part5 (fifth part). Keywords: adoptee; adoption; agencies; american; ashley; baby; birth; birth parents; care; child welfare; children; colum; contact; families; family; foster; hereinafter; history; law; mother; new; open; parents; permanency; practice; race; records; regulation; rev; rights; state; supra note; system; tann; termination; welfare; white; women

• PRISON LABOR AND THE FAIR LABOR STANDARDS ACT: RESOLVING THE CIRCUIT SPLIT ON WHETHER INCARCERATED WORKERS ARE ENTITLED TO THE FEDERAL MINIMUM WAGE by Aggarwal, Tanisha Mink (2023) - THE CIRCUIT SPLIT ON PRISON LABOR AND THE FAIR LABOR STANDARDS ACT Having reviewed the six main forms of prison labor in the U.S. in Part I, Part II will now discuss the Fair Labor Standards Act in detail and discuss how the various circuit courts have come out in deciding whether or not incarcerated workers may be entitled to the federal minimum wage. NO. 1 NOTE PRISON LABOR AND THE FAIR LABOR STANDARDS ACT: RESOLVING THE CIRCUIT SPLIT ON WHETHER INCARCERATED WORKERS ARE ENTITLED TO THE FEDERAL MINIMUM WAGE Tanisha Mink Aggarwal* Keywords: act; circuit; competition; congress; court; coverage; employees; f.2d; federal; flsa; industries; industry; inmates; labor; minimum; note; prison; prison industries; prison labor; prisoners; private; standards; state; supreme; test; u.s; wage; work; workers; working
• Overreporting and Investigation in the New York City Child Welfare System: A Child’s Perspective by Rohr, Daniella; Friedman, Melissa (2025) - Part III outlines the legal framework that applies to child welfare investigations, and argues that ACS investigations routinely violate children’s and their families’ Fourth Amendment and state constitutional freedom from unreasonable searches and seizures. [Vol. 15:1160 strip searches without consent of the parent or the child, a power it construes broadly.48 Section 1034 of the New York Family Court Act is the legal mechanism for securing a search warrant in child welfare investigations in New York. Keywords: abuse; acs; child; child welfare; children; city; court; families; family; home; investigations; law; n.y; new; new york; note; reporting; rights; scr; searches; state; strip; supra; supra note; system; york
• Lest We Forget: Covid-19, the Defense Production Act, and Executive Order 13,917 by Enger, N. Brock (2025) - 88 See Peter Waldman, Lydia Mulvany & Polly Mosendz, Cold, Crowded, Deadly: How U.S. Meat Plants Became a Virus Breeding Ground, BLOOMBERG BUSINESSWEEK (May 7, 2020), https://www.bloomberg.com/news/features/2020- 05-07/coronavirus-closes-meat-plants-threatens-food-supply?sref=JTuIXQSO; supra note 30. 1211 COLUM. Hospital medical supplies were seized and redirected,9 protests against state stay-at- home orders were encouraged,10 and SARS-CoV-2 was referred to as the “China Virus”—rhetoric widely criticized for inflaming anti- 4 See Defense Production Act of 1950, 50 U.S.C. §§ 4501–4568. Keywords: act; administration; apr; authority; covid-19; defense; defense production; executive; facilities; health; meat; meatpacking; note; order; osha; pandemic; plants; poultry; president; processing; production; production act; public; safety; states; supra; trump; tyson; u.s; u.s.c; united; workers
• Municipium, Absens Parens: Rectifying Monell and Parens Patriae for Institutional Liability by Kumari, Mahak (2025) - One common solution that has been suggested before is the adoption of a vicarious liability framework (i.e. respondeat superior) under Monell.155 Recognizing the longstanding aversion to such a theory,156 this Note recommends a new iteration of this solution as only one of the possible areas in which police misconduct liability can be improved. The Monell Framework and its Four Routes for Liability The first two avenues for Monell liability come from the Monell decision itself. Keywords: amendment; children; city; court; doctrine; immunity; law; liability; misconduct; monell; municipalities; municipality; note; officers; parens; parens patriae; patriae; police; respondeat; rights; state; supra; u.s; youth
• Enforcing Civil Rights Obligations Through the False Claims Act by Hayes, Stephen F. (2019) - The client agencies in the vast majority of FCA actions have been the Department of Health and Human Services (HHS) and the Department of Defense (DOD).36 Common actions charge a health 30  Robert T. Rhoad & Matthew T. Fornataro, Whistling While They Work: Limiting Exposure in the Face of the PPACA‟s Invitation to Employee Whistleblower Lawsuits, 22 HEALTH LAW. 19 (2010) (describing amendment to FCA). (rejecting FCA action based on claim that university falsely certified it was ―minority institution‖ eligible for DOD grants); Green v. City of St. Louis, Mo., 507 F.3d 662 (8th Cir. 2007) (rejecting claim based on improper certification of minority business); Coleman v. Hernandez, 490 F. Supp. Keywords: act; actions; civil; claims; county; court; enforcement; fca; federal; government; housing; hud; litigation; note; reform; rights; states; supra; supra note; tam; united; westchester
• Contracting Away Success: The Way Teacher Collective Bargaining Agreements are Undermining the Education of America’s Children by Edmonds, Timothy Deloache (2012) - Nationally, 15% of high school teachers were teaching outside of their area of expertise during the 2007–2008 academic year.158 In California, one of the country’s most populous states, this percentage was even higher.159 There, 17.5% of teachers were instructing students in a subject area outside of their subject of expertise.160 While it would be unfair to assume that all teachers teaching outside of their particular area of expertise are ineffective in teaching this material, the likelihood that an individual may struggle to communicate important details or nuances of a subject area to students when they are not well-versed in it certainly increases. 208 Felch, supra note 150, at AA1 (“Teachers unions and some education experts have argued that value-added is an unreliable measure that encourages rote learning and ‘teaching to the test.’”). Keywords: achievement; bargaining; chicago; districts; education; evaluation; high; level; math; merit; nation; new; note; pay; performance; provisions; public; school; scores; students; study; success; supra; supra note; system; teachers; teaching; union; value
• The Politics Of Equality: The Limits Of Collective Rights Litigation And The Case Of The Palestinian-Arab Minority In Israel by Jabareen, Yousef T. (2013) - Rulings are often narrow in scope and application or lack sufficiently stringent penalties, which in turn render them ineffective deterrents against future violations of minority rights. International law addressing minority rights establishes that national minorities, particularly indigenous minorities, who are among the most maligned and disadvantaged of all minority groups globally, require special protections.6 Keywords: arab; arabic; case; collective; court; decision; equality; group; israel; justice; language; law; minorities; minority; minority groups; minority rights; national; note; palestinian; public; representation; rights; state; supra; supreme
• Rethinking Rewriting: Tribal Constitutional Amendment And Reform by Hipp, Jason P. (2013) - Focusing on the processes of constitutional change produces insight into tribes' status as “domestic dependent sovereigns” in the contemporary era of self- determination, a status reflected in the opportunities, and limitations, inherent in tribal constitutions. The Commissioner of Indian Affairs at that time remarked that the writing of tribal constitutions happening was “probably the greatest in number ever written in an equivalent length of time in the history of the world. Keywords: amendment; american; approval; art; bia; cherokee; constitutional; convention; council; federal; government; indian; ira; law; members; nation; new; note; reform; state; supra; supra note; tribal; tribes
• China’s Apologetic Justice: Lessons for the United States? by Nguyen, Xuan-Thao (2014) - In summary, the tone in the apologies is remorseful and purposeful.195 The defendants in the 186 Stephen P. Garvey, Punishment as Atonement, 46 UCLA L. REV. 1801, 1815 (1999) (noting apology represents “the wrongdoer’s public expression of his repentance, whereby he openly acknowledges his wrongdoing and simultaneously disowns it”); MARTHA MINOW, BETWEEN VENGEANCE AND FORGIVENESS 114-15 (1998) (“to apologize is to declare voluntarily that one has no excuse, defense, justification, or explanation for an action.”). The characteristics, content, and context of public apologies in Chinese intellectual property cases are valuable lessons for Congress to ponder, beyond the typical criticism of China as “The Other,”9 a nation known mostly for intellectual property theft problems. Keywords: apologies; apology; art; cases; china; chinese; civil; co.; congress; copyright; copyright law; court; defendant; deli; infringement; law; ltd; note; people; plaintiff; property; public; right; slavery; states; supra; trademark; trademark law; united; use; work
• Title VII Challenges to Security Clearance Referrals: Rattigan Points the Way by Blaisdell, Demetri (2014) - ……………………... 198 D. Will Narrow Judicial Review of Security Clearance Referrals Based on Racist, Discriminatory, or Otherwise Knowingly False Information Chill Reporting ………………………………………... 200 V. CONCLUSION ……………………………………………………………… 203 I. INTRODUCTION On July 10, 2012, after a hard-fought legal battle that began in the D.C. District Court and was heard and re-heard by the D.C. Circuit, plaintiff Wilfred Samuel Rattigan won a narrow decision that altered the legal landscape surrounding security clearance referrals.1 On rehearing, the D.C. Circuit held that courts can hear Title VII claims based on knowingly false statements that are made in referring a co- worker for security clearance review. Title VII Challenges to Security Clearance Referrals Vol. 4:2     182   rejecting for lack of jurisdiction challenges to security clearance decisions based on claims of gender discrimination,25 disability discrimination,26 and whistleblower retaliation.27 Keywords: case; challenges; circuit; claim; clearance referrals; court; d.c; decision; discrimination; egan; executive; government; information; law; national; note; rattigan; referrals; review; security clearance; title; title vii; u.s; vii
• Making Rights Real: Effectuating the Due Process Rights of Particularly Vulnerable Immigrants in Removal Proceedings Through Administrative Mechanisms by Gradilla, Miguel A. (2014) - Of particular concern is the fact that immigration removal proceedings face deep and systemic issues that threaten their legitimacy, such as not allowing individuals to meaningfully present their case with others’ assistance when they are unable to do so on their own.7 Academic commentators and immigrants’ rights advocates have called for changes to this system for many years.8 Beyond being overburdened with massive caseloads,9 serious due process concerns cast a dark shadow on the decisions made by immigration judges (“IJ”).10 2 See, e.g., Elise Foley & Sam Stein, Obama Promises Swift Action on Immigration in Meeting with Progressives, HUFF POST: POLITICS (Nov. 13, 2012, 7:59 PM), http://www.huffingtonpost.com/2012/11 /13/obama-immigration-action_n_2125625.html (detailing President Obama’s plans for immigration reform as expressed in a meeting with progressive leaders); THE WHITE HOUSE, BUILDING A 21ST CENTURY IMMIGRATION SYSTEM (2011), available at http://www.whitehouse.gov/sites/default /files/rss_viewer/immigration_blueprint.pdf (outlining the Obama administration’s vision for immigration reform). The latest figures available from the Department of Homeland Security (“DHS”) show that Immigration and Customs Enforcement (“ICE”) detained 477,523 foreign- nationals in 2012, a record number.13 In 2008, sixty percent of all immigrants in the immigration court system and eighty-four percent of detained immigrants had no legal representation.14 Given that the laws regarding government appointed counsel in immigration removal proceedings have not changed since 2008, it is likely that the number of unrepresented immigrants is similarly high today. Keywords: attorney; case; counsel; court; framework; general; immigrants; immigration; law; note; proceedings; process; process rights; protections; removal; removal proceedings; representation; right; supra; supra note; turner
• Tribe-Sanctioned Nuclear Waste Facilities and Their Involuntary Neighbors by Nelson, R. Benjamin (2014) - THE LACK OF LEGAL REMEDIES FOR MINORITY TRIBE MEMBERS This Part discusses the uphill legal battle that minority tribe members will face if they challenge the BIA’s approval of the lease for a nuclear waste facility or seek damages from the BIA for an accident at the site. Therefore, Congress should use its impending nuclear waste legislation to ensure adequate consideration of the interests of minority tribe members and lessen their burden in the event that a facility is constructed on their reservation.223 In order to achieve these aims, Congress should clarify the necessity of preparing an EIS before finalizing site selection, oppose the co-location of a repository and temporary storage facility, require progress toward the development of a repository before searching for a temporary facility, and establish a mechanism for tribe members to submit their comments on the project. Keywords: bia; court; facilities; facility; indian; lease; members; minority; minority tribe; native; note; nuclear; skull; states; storage; supra; supra note; tribe; tribe members; u.s; united; valley; waste
• Demystifying Employment Authorization and Prosecutorial Discretion in Immigration Cases by Wadhia, Shoba Sivaprasad (2015) - DHS can terminate or renew deferred action at any time, at the agency’s discretion.85 Notably, it is presumed that the approvals contained in this data set do not include DACA recipients.86 The high rate of applications for non-DACA deferred action-based work authorization does not provide the full picture as the approval rate for deferred action based work authorization dropped between 2012 and 2014. This section analyzes a data set of 233,245 work permit applications processed with receipt dates ranging from June 19, 1990 through October 20, 2014 on the following three bases: parole, deferred action and order of supervision.65 A. Number of Employment Authorization Applications Processed In 2014, ICE data included 233,245 work authorization applications pursuant to parole, deferred action, or an order of supervision.66 Of this number, 202,619 or 87% of applications were approved.67 This data reveals the prevalent adjudication of work authorization applications based on a grant of prosecutorial discretion and the degree to which applications for employment by USCIS are pending, denied, or closed (canceled), even where the applicant has been granted relief in the form of prosecutorial discretion. Keywords: action; applications; authorization; authorization applications; daca; discretion; employment authorization; grant; immigration; law; note; order; parole; policy; removal; states; supervision; supra; u.s; u.s.c; united; uscis; work authorization
• Protecting the Constitutional Rights of Minority Youth on Rikers Island by Johnson, Loretta A. (2016) - 8 Samuels, Bharara, Powell, & Daughtry, supra note 1, at 1. 9 Id. at 2. 2015 COLUMBIA JOURNAL OF RACE AND LAW 51 51 results in a code of silence.10 The Report concluded that DOC staff members not only insufficiently investigate and report use of force incidents, but also frequently falsify reports.11 The rare times DOC staff members are found to have used force inappropriately, they are nonetheless insufficiently disciplined.12 While the incident with Inmate H is representative of the common vicious practices that occur daily on Rikers, it is unique in that there were multiple witnesses corroborating Inmate H’s version of events, most notably statements from three teachers.13 Inmates, medical staff members and teachers rarely report use of force incidents out of fear of retribution from guards.14 Additionally, it is particularly common for excessive use of force incidents to occur in areas where there are no surveillance cameras, just as was the case with Inmate H, making it difficult to hold DOC staff members accountable.15 The lack of accountability on Rikers Island persists because DOC officers maintain much political clout as members of the largest municipal jail union in the country, the Correction Officers’ Benevolent Association (COBA).16 Moreover, they are led by a powerful president.17 Institutional racism also accounts for the persistence of unconstitutional conduct on Rikers Island.18 Ninety-five percent of the adolescent population on Rikers is Black or Latino.19 New York is uniquely harsh with its treatment of 16- and 17- year-olds, as it and North Carolina are the only states to set the minimum age of criminal responsibility at 16.20 The average number of previous admissions of youth to DOC in 2013 was 1.02.32 The high recidivism rates also mirrors what occurs across the nation, as each year 70-80% of formerly incarcerated youth reoffend within 2-3 years.33 Because the culture of violence on Rikers Island harms adolescents in ways that hurt their future prospects, the practices of DOC staff members decrease long-term public safety because such practices encourage criminal behavior34—behavior oftentimes necessary for survival on Rikers Island.35 Keywords: adolescents; city; doc; doc staff; force; inmates; law; members; new; note; reform; report; rights; rikers; rikers island; staff; staff members; supra note; use; violence; york; youth
• The Power of the Body: Analyzing the Logic of Law and Social Change in the Arab Spring by Jallad, Zeina (2016) - In such contexts, civil society constantly lobbies for reform and monitors government compliance with international treaties.23 In repressive states, civil society advocates can operate only within the margins of allocated space, utilizing various mechanisms to mobilize for reform and effect change.24 However, most repressive states lack the two principal interdependent conditions for genuine implementation of human rights law: democratic mechanisms through which the promise of human rights norms can be effectuated, and civil society institutions capable of pressing for the implementation of those norms.25 When neither condition is present, international human rights law is stripped of its tools and its potential.26 As a result, not only does ratification of human rights treaties by repressive regimes fail to guarantee better respect for human rights, it also risks providing those regimes with a political fig leaf to conceal violations of human rights.27 While some human rights scholars have been optimistic about the effectiveness of human rights law and its contribution to the promotion of human rights in repressive societies,28 others have offered evidence to the contrary,29 demonstrating the conditional effectiveness of human rights law.30 The latter tend to doubt states’ actual compliance with international human rights law which, “if it takes place at all, may well happen sporadically and in fits and starts. Keywords: act; body; bouazizi; change; citizens; collective; constitution; freedom; government; human; immolation; injustice; international; language; law; note; pain; people; power; public; regime; rights; rights law; self; society; state; supra; tunisia; world
• Unenforced Promises: Treaty Rights as a Mechanism to Address the Impact of Energy Projects Near Tribal Lands by Merlin, Alyson (2021) - It lastly conceptualizes the project!s interference with treaty rights as a property loss deserving of monetary compensation, both in the context of a government taking by the agency and as private interference by the mining company. ! Id. at 690 (“Absent explicit statutory language, we have been extremely reluctant to find congressional abrogation of treaty rights . . . .”). Keywords: act; buffalo; court; dbp; federal; fishing; fort; hunting; indian; indian reservation; land; laramie; laramie treaty; nation; note; oglala sioux; project; reservation; rights; sioux; treaties; treaty; treaty rights; tribal; tribe; u.s; united states; water
• For the "Wealthy and Legally Savvy": the Weaknesses of the Uniform Partition of Heirs Property Act as Applied to Low-Income Black Heirs Property Owners by Cole, Avanthi (2021) - Many scholars have explored the problem of heirs property, and some have addressed and critiqued the effectiveness of the UPHPA.15 Some have even gone as far to suggest that the adoption of the UPHPA would not be beneficial to heirs property owners given existing state property and partition laws.16 The Consequences of Owning Heirs Property Scholars have used the concept of “dead capital” to describe heirs property because this type of land cannot be leveraged for financial gain.33 Hernando de Soto coined the term “dead capital” to describe property situations in developing countries where lack of “necessary formal structure” prevented certain landowners from leveraging their land to secure loans.34 B. James Deaton, a scholar whose work focuses on heirs property, equated the situation described by de Soto to the difficulties faced by heirs property owners in the United States; cotenants face similar restraints because they cannot leverage their partial interest in the parcel to secure a loan.35 Many heirs property owners are considered “land rich but cash poor” because the majority of their wealth is tied to their fractional interest in the 26 Id. at 2. 27 Lewan & Barclay, supra note 24. Keywords: black; cotenants; heirs; heirs property; interest; land; mitchell; note; owners; ownership; partition; property; property owners; sale; supra note; uphpa
• Toward Community Control of Child Welfare Funding: Repeal the Child Abuse Prevention and Treatment Act and Delink Child Protection from Family Well-Being by Burton, Angela Olivia; Montauban, Angeline (2021) - [https://perma.cc/Y7FQ-8N4L] (last visited June 30, 2021) (describing federal review process of state child welfare systems); 6 See generally CHILD. ROUND 3: FISCAL YEARS 2015–2018 (2020), https://www.acf.hhs.gov/cb/report/child-and-family-services-reviews-aggregate- report-round-3-fiscal-years-2015-2018 [https://perma.cc/Y66S-KNRB] (describing results of federal examination of the strengths and areas needing improvement in state child welfare systems); CHILD. Keywords: abuse; black; care; child; child abuse; child welfare; children; community; control; cps; families; family; foster; health; neglect; new; note; parents; policing; poverty; roberts; services; state; supra; system; york
• Using Peacemaking Circles to Indigenize Tribal Child Welfare by van Schilfgaarde, Lauren; Shelton, Brett Lee (2021) - These underpinnings inform federal policies that influence all child welfare systems, including tribal child welfare systems. The result is that tribal child welfare systems perpetuate the individual, rights-centric, adversarial child welfare system that harms Indigenous families. Keywords: american; child; child welfare; children; circle; community; court; families; family; federal; icwa; indian; note; parents; rights; state; supra; system; tribal; tribes
• An Unintended Abolition: Family Regulation During the COVID-19 Crisis by Arons, Anna (2022) - This was not unique to New York: nationwide, education personnel make more child maltreatment allegations than any 19 See generally MARTIN GUGGENHEIM, WHAT’S WRONG WITH CHILDREN’S RIGHTS 192–193 (2005) (citing DUNCAN LINDSEY, THE WELFARE OF CHILDREN 65–66 (1994)) (describing poverty as the number one predictor of reports of neglect); TINA LEE, CATCHING A CASE: INEQUALITY AND FEAR IN NEW YORK CITY’S CHILD WELFARE SYSTEM (2016) (describing family regulation system as a punitive system that punishes parents for poverty and removes children from their parents’ care, rather than providing parents the necessary financial support). [Vol. 12:1 absolutely necessary to protect children from serious harm.88 If this were the case, the extreme reduction in removals during the shutdown would mean that by placing only half as many children in foster care, ACS and family court judges left hundreds of New York City children to suffer grave harm at home with unsafe caregivers. Keywords: abolition; abuse; acs; aid; care; cases; child; children; city; court; families; family; family regulation; flash; government; new; note; parents; regulation; reports; services; servs; supra; supra note; system; welfare; york
• Centering Parent Leadership in the Movement to Abolish Family Policing by Rise Staff (2022) - We pursue our mission by creating safe spaces where impacted parents can reflect, heal, connect with peers and share in peer support, learn about abolition and the family policing system’s history and policies, strengthen their writing, public speaking, and advocacy skills, and mobilize their communities for justice. Investing in impacted parents’ training prepares parents with the knowledge and skills needed for this role, and uplifts the strengths, interests, talents, and connections that they already have and bring to this work. Keywords: abolition; community; family; justice; leadership; movement; note; parents; people; policing; power; rise; staff; supra; system; work
• Divest, Invest, & Mutual Aid by Garcia, Caitlyn ; Godsoe, Cynthia (2022) - [hereinafter What is Mutual Aid?] (defining mutual aid). [https://perma.cc/LRU3-GQKS] [hereinafter The Radical Past and Present of Mutual Aid] (presenting historical examples of mutual aid in order to articulate it as a “mainstay in communities that have often been abandoned or marginalized by government institutions”). Keywords: aid; black; care; child; child welfare; children; communities; community; differential; families; family; family policing; foster; funding; government; health; model; note; parents; policing; programs; response; services; state; support; supra; supra note; system; welfare
• Building a Guaranteed Income to End the "Child Welfare" System by Webb, Melody (2022) - This figure excludes the large number of children believed to occupy the “hidden” or “shadow” kinship foster system that CWS uses to place children outside their homes,8 and it omits the number of children that CWS agencies monitor in their homes.9 CWS involvement is strongly correlated with race, having a single mother, and being poor.10 Black children are disproportionally represented across the American CWS,11 including in the foster care system.12 For example, in the District of Columbia, Black children comprise eighty-two percent of foster system cases,13 as compared to fifty-two percent of children in the city.14 Black parents are more likely to be surveilled and investigated by child welfare agencies and to have their children removed and remain in foster care for long periods of time.15 Black families are also more prone to losing their children to adoption.16 7 CHILD. According to 2018 data, Black children were 13.71% of the population, yet 22.75% of children in foster care were Black. Keywords: assistance; black; care; child; child welfare; children; cws; d.c; families; family; foster; income; mon; mothers; neglect; note; parents; poverty; roberts; supra; supra note; system; welfare
• Replacing CPS: Issues in Building an Alternative System by Wald, Michael (2022) - DEV., DEVELOPMENTAL STATUS AND EARLY INTERVENTION SERVICE NEEDS OF MALTREATED CHILDREN (2008) (studying the developmental concerns of children receiving child welfare services); Cecilia Casanueva, Theodore P. Cross & Heather Ringeisen, Developmental Needs and Individualized Family Service Plans Among Infants and Toddlers in the Child Welfare System, 13 CHILD MALTREATMENT 245 (2008) (examining the developmental needs of children investigated by child protective services); Sara Font & Kathryn Maguire-Jack, It’s Not “Just Poverty”: Educational, Social, and Economic Functioning Among Young Adults Exposed to Childhood Neglect, Abuse, and Poverty, 101 CHILD ABUSE & NEGLECT 104356 (2020) (noting that developmental outcomes for children with alleged or confirmed neglect cases were worse in all domains than for impoverished children without maltreatment allegations). CHILD WELFARE 477 (2020) (recognizing that child welfare services might create worse outcomes for children, particularly children of color); Abraham B. Bergman, Child Protective Services Has Outlived its Usefulness, 164 ARCHIVES PEDIATRIC ADOLESCENT MED. Keywords: abuse; child; child welfare; children; community; cps; families; family; health; maltreatment; neglect; note; parenting; parents; programs; services; state; supra; system; welfare

• Reimagining Schools' Role Outside the Family Regulation System by Harvey, Brianna; Gupta-Kagan, Josh; Church, Christopher (2021) - However, the same reasoning applies to schools connecting families with community resources and organizations that have additional support to promote the social determinants of health. Even more, 32% of Black children eligible for special education services under IDEA were referred to law enforcement, and Black children with disabilities account for 35.3% of all school-related arrests of special education students.17 Black children represent only 8.2% of children enrolled in a Gifted and Talented program18 and only 9.3% of children enrolled in at least one Advanced Placement course.19 Such disparities begin young; one 2021 academic study found that, even after controlling for various predictors of behavior challenges, Black elementary school children were 3.5 times as 12 See NOGUERA, supra note 11. Keywords: abuse; agencies; child; children; community; cps; cps agencies; data; families; family; health; housing; law; maltreatment; public; regulation; reporting; reports; role; schools; services; supra; system

• THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT’S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER by Simona Grossi (2024) - Title 42, United States Code §1983, serves as a pivotal tool for individuals to challenge deprivations of their constitutional or federal statutory rights under the color of state law. The statute, first enacted in 1871, provides a cause of action for legal or equitable relief against any “person” who, while acting “under color of” state law, violates someone’s federal constitutional or statutory rights. Keywords: action; amendment; article; case; claim; congress; court; damages; doctrine; eleventh; federal; immunity; injury; law; lyons; official; plaintiff; relief; rights; standing; state; state court; suit; u.s
• Protecting Plyler: New Challenges to the Right of Immigrant Children to Access a Public School Education by Ofer, Udi (2011) - The Article considers several examples of school districts preventing immigrant children from enrolling in schools, and argues that children on nonimmigrant B visas should not be denied enrollment. Finally, the Article concludes by recommending numerous steps for the federal government to take to ensure that school districts provide equal access to an education to all immigrant children. Keywords: children; court; education; enrollment; federal; immigrant; immigration; law; new; plyler; protection; public; school; school districts; school education; states; students; texas; u.s; united; visa
• Bringing Home the Bacon: A Case for Applying the New Jersey Urban School Funding Remedy from Abbott v. Burke to Poor Rural School Districts by Gruber, Kyle E. (2012) - In other words, despite poverty and a student body with needs akin to Abbott district students, their relative triumphs foreclose additional state aid, when adequate funding could prove extraordinarily effective, given past performance. The poor urban districts, or Abbott districts, as they became known, were initially the twenty-eight districts identified in the Abbott II decision. Keywords: abbott; abbott districts; abbott ii; bacon districts; court; decision; districts; education; education funding; funding; jersey; litigation; n.j; new; new jersey; remedy; robinson; school; school districts; state; students; urban
• Road To The Poll: How The Wisconsin Voter ID Law of 2011 Is Disenfranchising Its Poor, Minority, and Elderly Citizens by Watts, Christopher (2013) - Part III will examine the development of voter identification laws generally, looking specifically at what spurred their conception and at three important judicial decisions regarding state voter identification laws that were challenged on various grounds. I. INTRODUCTION…………………………………………………………… 120 II. Keywords: act; burdens; citizens; constitution; court; fraud; identification; law; laws; photo; poll; rights; state; tax; u.s; voter; voter identification; voting; wisconsin
• Intersectional Discrimination In U Visa Certification Denials: An Irremediable Violation Of Equal Protection? by Grant, Alexandra (2013) - 272 C. What Would Happen if Talia Were to Bring an Equal Protection Claim Under Inter-American Human Rights Law?………………… 273 V. EXTRALEGAL STRATEGIES TO PROMOTE THE RIGHTS OF BATTERED UNDOCUMENTED WOMEN……………………………… 273 A. Building Support From Within: Community-Based Organization.. 274 B. Reaching Out: Potential Bases of Support from Outside the Community……………………………………………………………. 255 A. U Visas and Certification…………………………………………….. 255 B. Equal Protection……………………………………………………… 257 C. Equal Protection and Noncitizens…………………………………... 258 D. Law Enforcement Discretion ……………………………………….. 260 III. Keywords: american; certification; court; discrimination; enforcement; equal; immigrants; inter; law; law enforcement; police; protection; rights; states; talia; u visa; united; victims; violence; visa; women
• The Numbers Matter: An Update to the Implementation of New York’s Prison Gerrymandering Law by Galloway, Devon (2014) - As of last year, 61.3% of New York state prisoners are serving minimum sentences beyond forty- eight months, the usual time it takes to get a bachelor’s degree.94 For all New York state prisoners, the average minimum sentence is close to ten years, and the median minimum sentence is approximately five years.95 Thus, 12,234 prisoners (or just over 21% of the total number of state prisoners) had no traceable address. Keywords: addresses; bureau; census; court; districts; gerrymandering; law; new; new york; population; prisoners; redistricting; state; vote; york
• The Rise of Speed Deportation and the Role of Discretion by Wadhia, Shoba Sivaprasad (2015) - 8 Id. The number of removal orders issued by an immigration judge within EOIR may in fact be lower than 75,142, as this data does not categorize administrative removal orders for 2013. Likewise, administrative removal orders require a supervisor to finalize the order.55 If DHS ultimately finds that a noncitizen is not properly subject to administrative removal, an officer can terminate the administrative removal proceedings and place the individual in “regular” removal proceedings by issuing a Notice to Appear.56 DHS is required to refer individuals to an asylum officer for additional screening if such individuals request to apply for protection under withholding of removal.57 Like with reinstatement, individuals who face an administrative removal order may file a “petition for review” within 30 days after an administrative removal order becomes final. Keywords: administrative; alien; asylum; c.f.r; court; deportation; dhs; discretion; fear; immigration; individuals; judge; law; officer; person; proceedings; reinstatement; removal; removal order; removal proceedings; speed; speed deportation; states; united
• The Shrouded Borderland Between Preemption and Discrimination: A Framework for the Analysis of City Ordinances That Require Proof of Citizenship or Legal Residency as a Condition to Rent a Dwelling Place by Zayas Morales, Carlo E. (2015) - While one of the federal circuit courts examined in this Note has found such ordinances to not be preempted by federal immigration law, the other two courts to consider the issue have reached the opposite conclusion. In general terms, the doctrine mandates that a state law or regulation—despite being a valid exercise of a sovereign state’s legislative competence—must give way to federal law when it interferes with, or is contrary to, federal law.13 Although the general notion holds that federal law controls over state law in the event of a conflict between the two,14 preemption doctrine remains a murky and confusing field of American constitutional law due to the Supreme Court’s failure to articulate a coherent framework for determining when federal law and state law conflict.15 The Supreme Court itself has acknowledged that its pronouncements in the field of preemption are embroiled in a certain degree of uncertainty. Keywords: arizona; circuit; city; congress; court; federal; government; immigrants; immigration; law; laws; ordinance; preemption; state; state law; supreme; u.s; united
• Case Comment: Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013) by Akpan, Anietie Maureen-Ann (2016) - [t]he product of rising concern in the mid-1970’s over the consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes.21 9 Adoptive Couple v. Baby Girl, 133 S.Ct. 2552, 2558 (2013). ”23 Congress subsequently employed the Indian Child Welfare Act, whose purpose was to put an end to the “culturally inappropriate removal of Indian children. Keywords: american; baby; child; couple; court; custody; girl; icwa; indian; parent; petitioner
• Is the Indian Child Welfare Act Losing Steam?: Non-Custodial Parental Rights After Adoptive Couple v. Baby Girl by Hodge, Courtney (2016) - [P]rotect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs.2 Congress hoped the ICWA would help slow the trend of removing Native American children from their homes and keep more children with their families and tribes.3 The purpose of the ICWA is to establish procedural safeguards in state custody proceedings regarding Native American children that protect the interests of Native children, families, and tribes.4 Specifically, § 1902 achieves this goal by providing for “the placement of Indian children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs. In the early to mid-20th century, the BIA often worked in conjunction with state authorities to remove Native children from their families and place them in non-Native homes.62 Removing Native American children from their families became a regular practice. Keywords: act; adoptive; american; child; child welfare; children; couple; court; custody; exception; family; family exception; icwa; indian; native; state; welfare act
• Professional Licensing and Teacher Certification for Non-Citizens: Federalism, Equal Protection And A State’s Socio-Economic Interests by Calvo, Janet M. (2018) - Business and Professions Code §§ 5000 – 5158 327 Title 16, Division 1, California Code of Regulations §§ 1 – 99.1 328 Reciprocity (BPC §§ 5096 – 5096.21) 329 2. tit. 16, §§ 3396.1–3399.6 (2017). Keywords: application; board; bus; cal; california code; certification; citizens; code; code regs; comments; court; daca; department; education; federal; immigration; law; licenses; licensing; mckinney; n.y; new york; non; professional; regulations; state; state law; teacher; tit; title; united; west; york state
• The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy? by Skibine, Alexander Tallchief (2018) - In an influential article, David Getches documented that during the first fifteen terms of the Rehnquist Court, Indian tribal interests only won approximately twenty-three percent of federal Indian law cases at the Supreme Court from 1986 until 2001.18 As the title of his article indicated, Getches believed that the dismal tribal record was influenced by the Court’s agenda to promote states’ rights, a color-blind agenda, and mainstream values. First, it evaluates Congress’s response to Supreme Court cases. Keywords: act; cases; congress; court; federal; indian; indian law; interests; jurisdiction; land; law; loss; nation; non; rev; rights; sovereign; states; states v.; tribal; tribes; trust; u.s; united; united states; v. united; years
• Providing Broader Sixth Amendment Protections: We Can Afford to Give Indigent Defendants More by Rogers, Shane (2019) - Therefore, there should be Sixth Amendment ineffective assistance of counsel relief from pre-indictment plea deals. [Vol. 9:2 Amendment guarantees a criminal defendant the right to counsel, but it also provides a defendant the right to effective assistance of counsel.3 Right to counsel law, however, seems to preclude providing relief for ineffective assistance of counsel received during pre-indictment plea negotiations.4 The Supreme Court has not directly ruled on the issue,5 but circuit courts have held that the right to counsel must attach before a defendant has the right to effective assistance of counsel and therefore have not entertained the merits of whether counsel can be ineffective pre-indictment.6 This is unjust. Keywords: amendment; amendment right; assistance; attorney; counsel; court; criminal; defendant; indictment; negotiations; plea; plea negotiations; pre; right; rule; state; u.s
• The Surveillance Tentacles of the Child Welfare System by Baughman, Charlotte; Coles, Tehra; Feinberg, Jennifer; Newton, Hope (2021) - The demands put on their time by the criminal court system and family regulation system often make it difficult to fully comply with both. But the system does not surveil all families equally, leading to the disproportionate impact of family regulation on Black, Brown, and Native families, and fails to protect while causing more harm to children and communities of color. Keywords: child; children; communities; court; families; family; family regulation; health; maltreatment; parents; regulation; regulation system; school; services; support; surveillance; system; tentacles
• A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care and Nearly Went Unnoticed by Carter, Melissa; Church, Christopher; Sankaran, Vivek (2022) - It includes an overview of administrative data and a discussion of the practices, policies, and values Judge Gray brought to the bench. Among the sixty-seven children removed during 2017 who spent less than a month in foster care, fifty-nine percent were returned to their parent(s), while thirty-two percent were discharged to the custody of a relative.56 This is double the statewide rate of discharges to relatives during the same time frame, and well above national rates.57 This statutory scheme provides the framework in which Judge Gray operated throughout her career. Keywords: care; child; children; court; custody; family; foster; gray; hearing; judge; judge gray; juvenile; orleans; orleans parish; parish; removal; role

• PRIVACY LAW CONCERNS ASSOCIATED WITH THE REINTRODUCTION OF THE CITIZENSHIP QUESTION TO THE 2020 NATIONAL CENSUS by Welch, Matthew M. (2020) - 159 Jeff Mason & David Shepardson, Trump drops census citizenship question, vows to get data from government, REUTERS (July 11, 2019), 45 13 U.S.C. § 221 (2018) (stating that refusing to answer, or falsely answering, census questions can result in fines up to 500 dollars). Keywords: bureau; census; census bureau; citizenship data; citizenship question; commerce; data; government; information; law; national; privacy; u.s

• A Seat at the Table: Changing the Governing Structure of Low Income Housing Tax Credit Program Administration to Reflect Civil Rights Values and Fair Housing by Smith, Raquel (2016) - In fact, the LIHTC policies that prefer development in minority, high-poverty areas seem to be in direct contrast with some of the overarching goals of the FHA to affirmatively further fair housing by deconcentrating poverty and promoting racial integration.74 In particular, a study conducted by the Fair Housing Justice Center which focused on LIHTC housing in New York City and its suburbs determined that seventy-one percent of the LIHTC affordable housing units were located in areas of “high or extreme poverty.”75 76 A Brookings study found that the neighborhoods containing LIHTC housing contained disproportionate shares of Black residents.77 While Blacks made up only fifteen percent of total metropolitan residents in 2000, they accounted for twenty-six percent of the LIHTC neighborhoods population.78 Blacks also made up thirty-four percent of the population in central-city LIHTC neighborhoods, versus their fifteen percent proportion in suburban LIHTC neighborhoods.79 Furthermore, Abt Associates conducted another study in 2006 analyzing LIHTC units with two or more bedrooms used between 1995 and 2003, located in metropolitan areas with populations greater 74 See LARRY BURON, SANDRA NOLDEN, KATHLEEN HEINTZI & JULIE STEWART, ABT ASSOCIATES, INC., ASSESSMENT OF THE ECONOMIC AND SOCIAL CHARACTERISTICS OF LIHTC RESIDENTS AND NEIGHBORHOODS (2000); William Callison, Achieving Our Country: Geographic Desegregation and the Low-Income Housing Tax Credit, 19 S. CAL. Keywords: act; agencies; credit; development; housing; housing tax; income; income housing; lihtc; occ; percent; poverty; program; rights; segregation; state; tax; treasury
• A Place to Call Home: Defining the Legal Significance of the Sanctuary Campus Movement by Newman, Natasha (2018) - LEGAL F. 27, 34 (explaining that tuition benefits constitute “purely state benefits” that can be provided or withheld to undocumented college students without implicating federal immigration laws)). The movement has given rise to questions about the protections available to undocumented immigrants in the United States, with specific emphasis placed on the vulnerability of undocumented students. Keywords: access; campus; campus movement; campuses; cities; city; colleges; education; federal; immigrants; immigration; information; institutions; law; movement; place; policies; policy; sanctuary; school; state; status; students; united
• A Role for Communities in Reasonable Efforts to Prevent Removal by Shanta Trivedi; Matthew Fraidin (2022) - This Piece argues that prevention of child removal must include efforts to create and fund anticipatory, rather than reactive, measures by the state that build the wealth and cohesion of communities.27 Strong communities prevent social problems—like child removals—because strong communities have layers of social and economic insulation that prevent the need for removal from arising at all. The Promise of a Prevention-Based Approach A. The Haddon Matrix B. Successful Prevention Campaigns C. Preventing Child Removals: Primary Prevention Efforts to Build Communities’ Wealth and Social Cohesion IV. Keywords: care; child; children; communities; community; efforts; families; family; haddon; health; prevention; removal; services; state; welfare
• Lived Experience and Disability Justice in the Family Regulation System by Lorr, Sarah; Frunel, L. (2022) - We seek not just the inclusion of parent voices but the centering of parent experiences, and respect for their intimate knowledge of their own and their children’s needs in the creation of social supports. I have talked with other parents who became suicidal and depressed, and who wanted to fight. Keywords: acs; case; children; disabilities; disability; experience; family; frunel; justice; parents; regulation; rights; services; state; system

• Have We Crossed the Bridge Yet? by Greenaway Jr., Joesph A. (2019) - Regardless of the interpretation one adheres to, President Obama has changed the way we, as African Americans, look at ourselves and likewise how we are perceived by others, both at home and abroad. Federal law and many state laws present myriad scenarios, including, as discussed earlier, one’s status as a felon, incarcerated or not, which may inhibit or terminate one’s ability to vote. Keywords: black; bridge; law; president; rights

• Different Year, Different Jurisdiction, but the Same Findings: Reforming Isn't Enough by Weber, Kristen; Bettencourt, Bill (2022) - From the twenty IAs conducted to date, we have substantial evidence of the insidious, pervasive, and mutating structural and institutional racism ingrained in child welfare systems. For the purposes of this Piece, we use the term “child welfare system,” as that was the term used in the course of the Institutional Analyses we conducted. Keywords: app; case; child; child welfare; children; communities; efforts; families; family; institutional; parents; services; system; welfare; welfare system; workers; youth

• “It's the Only System We've Got”: Exploring Emergency Response Decision-Making in Child Welfare by Copeland, Victoria A. (2021) - CASEWORKERS USE OF SURVEILLANCE IN DECISION-MAKING PROCESSES Eighteen frontline investigative caseworkers from four different urban counties in the United States were interviewed for this study. Utilizing Preventative Surveillance in Ambiguous Cases Similar to caseworkers use of surveillance on “uncooperative” parents, surveillance also occurred when there was increased ambiguity in a case. Keywords: caseworkers; child; data; decision; department; families; family; interview; law; making; surveillance; system; telephone; use; welfare
• Youth and Families Matter: Reconstructing the System One Youth at a Time from the Expertise of Youth Advocates by Hopkins, Marcía ; Finck, Kara; Andino, Alexis; Christopher, British; Price, Duane; Simpson, Anthony; Watson, Ishale (2022) - The program aims to incorporate youth experience and expertise in systemic reform at the local, state, and national levels which can result in targeted policies that effectively respond to the needs of youth.8 The program utilizes the strategic story sharing model created by Casey Family Programs and Foster Care Alumni of America, which focuses on challenging the narratives surrounding the experiences of children and youth in child welfare system and specifically older youth currently or formerly in foster care. Tasked with the project of meeting and discussing their experiences in the child welfare system as children and their perspectives on reforming the system, the group of youth advocates described a child welfare system that failed them as children, adolescents, and now young adults. Keywords: advocacy; advocates; care; child; child welfare; experience; families; family; foster; juvenile; law; system; welfare; welfare system; youth

• Checking Out Of The Exception To 3-104: Why Parties Should Be Able to Negotiate Whether Checks Should Be Payable On Demand by Crane, Linda R. (2013) - Pre-reform rules under Article 4 of the U.C.C. impose strict timing rules for check collection once an item is deposited for collection. The Fed, in fact, has been empowered by Congress to draft the regulations to accompany the new federal statutes governing check collections, beginning with Reg. Keywords: bank; card; check; check collection; collection; consumers; credit; date; demand; federal; float; funds; law; loan; new; payday; payday loan; payment; process; regulation; reserve; rules; time; u.c.c

• DENOUNCING THE MYTH OF PLACE-BASED SUBSIDIES AS THE SOLUTION FOR ECONOMICALLY DISTRESSED COMMUNITIES: AN ANALYSIS OF OPPORTUNITY ZONES AS A SUBSIDY FOR LOW-INCOME DISPLACEMENT by Jordan, Bre (2020) - [Vol. 10:1 Similar to investment in Brooklyn and D.C., the Opportunity Zone legislation focuses on capital investment, but fails to incentivize community engagement, preserve affordable housing, and mitigate against displacement.9 Opportunity Zones may amount to little more than a tax cut for the wealthy that only furthers the economic burden on low-income residents who can no longer afford to live in areas they once called home.10 This Note illustrates the similarities between Opportunity Zones and other unsuccessful placed-based tax incentives, the potential negative im- pacts of Opportunity Zone legislation on affordable housing, and solutions to preserve accessible affordable housing. The median home value is $140,000, and the average percentage of Black residents is 85%.211 Chicago and state leaders not only accounted for the technical requirements of Opportunity Zone legislation (poverty and unemployment rates), leaders also conducted a general population analysis.212 Legislators also considered the existence of previous federal and state incentive programs in each area along with the economic development potential of each tract.213 As a result, the designated zones were concentrated across areas with “low labor force participation rates,” high unemployment rates, high poverty rates, and a high concentration of minorities.214 The designated tracts in Cook County are truly distressed with only five tracts out of 181 flagged as experiencing significant socioeconomic change since 2000.215 These zones exhibit an opportunity to create economic growth and development for long- term, minority residents in Cook County, Illinois.216 Legislators can help ensure that long-term minority residents realize the benefits of targeted Opportunity Zone investment through planning efforts that: improve accessibility to employment centers, increase the availability and access to living wage jobs, pair Opportunity Zones with workforce training programs, and foster collaboration between local stakeholders and public entities. Keywords: affordable; areas; capital; communities; community; development; displacement; enterprise; housing; income; investment; legislation; new; opportunity; opportunity zone; place; program; residents; supra note; tax; tracts; york; zone legislation; zones

• Dismantling the Trap: Untangling the Chain of Events in Excessive Force Claims by McClellan, Cara (2018) - 16 Victims of excessive police force can sue police officers under 42 U.S.C. § 1983 17 and claim that an officer’s action violated the Fourth Amendment’s reasonableness standard. According to the Washington Post, there were 963 civilians killed by police officers in 2016. Keywords: amendment; analysis; approach; cir; circumstances; conduct; courts; force; fourth; law; officer; police; pre; seizure; use

• Used Up and Misused: The Nation State, the European Union and the Insistent Presence of the Colonial by Tuitt, Patricia (2011) - The European Union, still in the process of emergence from the old order of nation states, is a case in point. The EU is neither simply a continuum of the old order of nation states nor a sui generis legal community. Keywords: discovery; european; european union; new; schmitt; union

• W. E. B. Du Bois’ Ambiguous Politics of Liberation: Race, Marxism and Pan Africanism by Geary, Adam (2011) - Commentators have realised, to some extent, the ambiguities of Du Bois’ Pan Africanism. The term Pan Africanism can be used to describe Du Bois’ association of the civil liberties struggle in America with the post-colonial struggle in Africa. Keywords: africanism; bois; du bois; pan

Epilogue

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Created: 2025-12-23