[{"id": "cjrl-11662", "words": "31519", "extension": ".pdf", "flesch": "49", "author": "Carle, Susan", "title": "Reconstruction's Lessons", "date": "2023", "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", "summary": "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\u2019s 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\u2019 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.", "mime": "application/pdf"}, {"id": "cjrl-11665", "words": "33999", "extension": ".pdf", "flesch": "51", "author": "Brooks, Roy", "title": "Black Boarding Academies as a Prudential Reparation: Finis Origine Pendet", "date": "2023", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-11759", "words": "19431", "extension": ".pdf", "flesch": "43", "author": "Asenuga, Maryam", "title": "AREN\u2019T I A WOMAN DESERVING OF JUSTICE? RESTRUCTURING VAWA\u2019S FUNDING STRUCTURE TO CREATE RACIAL AND GENDER EQUITY", "date": "2023", "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", "summary": "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\u201d); see also Kaba, supra note 83 (\u201cMultiple 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.\u201d). 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 \u201cneed, not opportunity, drives many Black women to become entrepreneurs if they feel they\u2019ve been underpaid or left behind at conventional institutions.", "mime": "application/pdf"}, {"id": "cjrl-11912", "words": "19248", "extension": ".pdf", "flesch": "50", "author": "Aggarwal, Tanisha Mink", "title": "PRISON LABOR AND THE FAIR LABOR STANDARDS ACT: RESOLVING THE CIRCUIT SPLIT ON WHETHER INCARCERATED WORKERS ARE ENTITLED TO THE FEDERAL MINIMUM WAGE", "date": "2023", "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", "summary": "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*", "mime": "application/pdf"}, {"id": "cjrl-12890", "words": "24290", "extension": ".pdf", "flesch": "52", "author": "Simona Grossi", "title": "THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT\u2019S JURISPRUDENCE FOR \u00a71983 ACTIONS AND BLACK LIVES MATTER", "date": "2024", "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", "summary": "Title 42, United States Code \u00a71983, 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 \u201cperson\u201d who, while acting \u201cunder color of\u201d state law, violates someone\u2019s federal constitutional or statutory rights.", "mime": "application/pdf"}, {"id": "cjrl-12927", "words": "22011", "extension": ".pdf", "flesch": "50", "author": "Alireza Nourani-Dargiri", "title": "Bailing Out the Protester", "date": "2024", "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", "summary": "OF PUB. POL\u2019Y (May 2023) (finding \u201csubstantial evidence that pretrial risk assessment tools replicate the racial and socioeconomic disparities that bail reform seeks to address.\u201d). Spending time in jail awaiting your trial is not simply an unfortunate, administrative occurrence\u2013\u2013it 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.", "mime": "application/pdf"}, {"id": "cjrl-13015", "words": "34925", "extension": ".pdf", "flesch": "46", "author": "Daniel Kees", "title": "Defanging Diversity", "date": "2024", "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", "summary": "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 \u201c[B]lack\u201d students upon their arrival to Tufts. What initially seemed an odd question to Greer\u2014in a room full of Black kids\u2014made sense when she opened her eyes and discovered \u201ceveryone\u2019s hands were raised except for the [six] [B]lack Americans\u201d 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 \u201cJBs\u201d or \u201cjust [B]lacks\u201d (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", "mime": "application/pdf"}, {"id": "cjrl-13108", "words": "40587", "extension": ".pdf", "flesch": "59", "author": "Finkelman, Paul", "title": "THE TRAGEDY OF FELIX FRANKFURTER: FROM CIVIL LIBERTIES AND CIVIL RIGHTS ACTIVIST TO REACTIONARY JUSTICE", "date": "2024", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-14059", "words": "16488", "extension": ".pdf", "flesch": "52", "author": "Rohr, Daniella; Friedman, Melissa", "title": "Overreporting and Investigation in the New York City Child Welfare System: A Child\u2019s Perspective", "date": "2025", "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", "summary": "Part III outlines the legal framework that applies to child welfare investigations, and argues that ACS investigations routinely violate children\u2019s and their families\u2019 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.", "mime": "application/pdf"}, {"id": "cjrl-14100", "words": "17416", "extension": ".pdf", "flesch": "43", "author": "Enger, N. Brock", "title": "Lest We Forget: Covid-19, the Defense Production Act, and Executive Order 13,917", "date": "2025", "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", "summary": "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 \u201cChina Virus\u201d\u2014rhetoric widely criticized for inflaming anti- 4 See Defense Production Act of 1950, 50 U.S.C. \u00a7\u00a7 4501\u20134568.", "mime": "application/pdf"}, {"id": "cjrl-14127", "words": "19468", "extension": ".pdf", "flesch": "48", "author": "Haber, Michael", "title": "When the Executive Accidentally Supported the Movement: Participatory Democracy and the Rise of the Non-Profit Industrial Complex", "date": "2025", "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", "summary": "(describing how funding for community groups led to women\u2019s anti-violence groups becoming more hierarchical, hierarchies that usually recreate \u201csocial axes of inequality such as class, race, nationality, sexuality, and ability.\u201d) 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 \u201cstringent, rigid, and quantitatively oriented approaches\u201d to funding, which undermines the autonomy of non-profit groups).", "mime": "application/pdf"}, {"id": "cjrl-14164", "words": "18019", "extension": ".pdf", "flesch": "50", "author": "Bullock, III, Charles S.; Lamb , Charles M. ", "title": "Jim Crow North and Fair Housing Enforcement ", "date": "2025", "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", "summary": "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\u2019s 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\u2019s major cities since the end of World War II.18 Massey and Denton\u2019s award-winning American Apartheid: Segregation and the Making of the Underclass is pertinent to the Northeast\u2019s Jim Crow history.19 Based on Massey and Denton\u2019s calculations, the housing markets in five Northeastern cities were \u201chypersegregated\u201d in 1980.20 New York, Newark, Philadelphia, Baltimore, and Buffalo had the worst conditions, with 17 See generally, THOMAS J. SUGRUE, \u201cNo Right More Elemental,\u201d, in SWEET LAND OF LIBERTY:", "mime": "application/pdf"}, {"id": "cjrl-14165", "words": "14793", "extension": ".pdf", "flesch": "43", "author": "Morris, Clay", "title": "Sabotaging Scrutiny: SFFA\u2019s Racialized Distortion of Suspect Classification", "date": "2025", "keywords": "access; action; admissions; amendment; black; classification; court; education; fourteenth; non; opinion; protection; race; roberts; scrutiny; sffa; students; suspect; thirteenth; u.s; white; whiteness", "summary": "The opinion\u2019s recoiling at the idea that there is \u201can inherent benefit in race qua race\u201d 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 \u201cdon\u2019t ask, don\u2019t tell.\u201d 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.\u201d", "mime": "application/pdf"}, {"id": "cjrl-14166", "words": "20082", "extension": ".pdf", "flesch": "42", "author": "Kumari, Mahak ", "title": "Municipium, Absens Parens: Rectifying Monell and Parens Patriae for Institutional Liability", "date": "2025", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-14169", "words": "19020", "extension": ".pdf", "flesch": "50", "author": "Braxton, T.J.", "title": "Deconstructing the Gang Menace: Gang Policing and Police \u201cExpert\u201d Testimony in New York City ", "date": "2025", "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", "summary": "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\u2013 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.", "mime": "application/pdf"}, {"id": "cjrl-2235", "words": "19494", "extension": ".pdf", "flesch": "57", "author": "Waldeck, Sarah E.", "title": "A Norms-Based Approach to Sustaining Integration", "date": "2018", "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", "summary": "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: \u201cfor sale sign Oak Park\u201d; \u201cdoes Oak Park allow for sale signs\u201d; and \u201ccan I use a for sale sign in Oak Park.\u201d", "mime": "application/pdf"}, {"id": "cjrl-2236", "words": "14034", "extension": ".pdf", "flesch": "43", "author": "Narain, Vrinda", "title": "Quebec\u2019s Bill 62: Legislating Difference", "date": "2018", "keywords": "accommodation; bill; canada; canadian; charter; difference; equality; law; minority; multiculturalism; muslim; neutrality; note; public; quebec; race; religion; rights; state; state neutrality; supra; women", "summary": "Microsoft Word - CJRL Narain F18.docx QUEBEC\u2019S BILL 62: LEGISLATING DIFFERENCE Vrinda Narain0F * On October 18, 2017, Bill 62, whose full English title is \u201cAn Act to foster adherence to state religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies,\u201d 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.).", "mime": "application/pdf"}, {"id": "cjrl-2237", "words": "16821", "extension": ".pdf", "flesch": "54", "author": "Guzman, Heidi", "title": "Roe on the Rez: The Case for Expanding Abortion Access on Tribal Land", "date": "2018", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2238", "words": "17437", "extension": ".pdf", "flesch": "49", "author": "Murphy, Julian R.", "title": "Is It Recording?\u2014Racial Bias, Police Accountability, and the Body-Worn Camera Activation Policies of the Ten Largest Metropolitan Police Departments in the USA", "date": "2018", "keywords": "accountability; activation; bias; body; body cameras; cameras; consensual; departments; dep\u2019t; discretion; fan; interactions; law; officers; people; police; police body; police departments; police officers; policies; policing; profiling; race; recording; supra note; theory", "summary": "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 \u00a7 10.109.020 (2018) (\u201cAny 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.\u201d).", "mime": "application/pdf"}, {"id": "cjrl-2239", "words": "778", "extension": ".pdf", "flesch": "42", "author": "Adams, Sheila R.", "title": "EDITOR'S NOTE", "date": "2011", "keywords": "journal; law; race", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2241", "words": "17591", "extension": ".pdf", "flesch": "49", "author": "Sundquist, Christian B.", "title": "The First Principles of Standing", "date": "2018", "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", "summary": "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\u2009\u2009Sunstein, 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.", "mime": "application/pdf"}, {"id": "cjrl-2242", "words": "13417", "extension": ".pdf", "flesch": "45", "author": "Hayes, Stephen F.", "title": "Enforcing Civil Rights Obligations Through the False Claims Act", "date": "2019", "keywords": "act; actions; civil; claims; county; court; enforcement; fca; federal; government; housing; hud; litigation; note; reform; rights; states; supra; supra note; tam; united; westchester", "summary": "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\u2009\u2009Robert T. Rhoad & Matthew T. Fornataro, Whistling While They Work: Limiting Exposure in the Face of the PPACA\u201fs 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 \u2015minority institution\u2016 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.", "mime": "application/pdf"}, {"id": "cjrl-2243", "words": "22954", "extension": ".pdf", "flesch": "41", "author": "Steil, Justin P.", "title": "Innovative Responses to Foreclosures: Paths to Neighborhood Stability and Housing Opportunity", "date": "2011", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2244", "words": "2073", "extension": ".pdf", "flesch": "71", "author": "Greenaway Jr., Joesph A.", "title": "Have We Crossed the Bridge Yet?", "date": "2019", "keywords": "black; bridge; law; president; rights", "summary": "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\u2019s status as a felon, incarcerated or not, which may inhibit or terminate one\u2019s ability to vote.", "mime": "application/pdf"}, {"id": "cjrl-2245", "words": "14078", "extension": ".pdf", "flesch": "47", "author": "Ofer, Udi", "title": "Protecting Plyler: New Challenges to the Right of Immigrant Children to Access a Public School Education", "date": "2011", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2246", "words": "5589", "extension": ".pdf", "flesch": "44", "author": "Cohn, Marjorie", "title": "Racial Profiling Legalized in Arizona", "date": "2011", "keywords": "arizona; court; enforcement; immigration; law; profiling; race; rights; s.b; states; u.s; united; united states", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2247", "words": "1496", "extension": ".pdf", "flesch": "81", "author": "Farley, Anthony Paul", "title": "A Dedication", "date": "2019", "keywords": "keith; race; world", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2248", "words": "4646", "extension": ".pdf", "flesch": "36", "author": "Young, Donna E.", "title": "Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism", "date": "2011", "keywords": "america; discrimination; law; obama; post; race; racism; rights; states; title; united; vii", "summary": "7\u2009\u2009See 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.", "mime": "application/pdf"}, {"id": "cjrl-2249", "words": "3406", "extension": ".pdf", "flesch": "54", "author": "Tuitt, Patricia", "title": "Used Up and Misused: The Nation State, the European Union and the Insistent Presence of the Colonial", "date": "2011", "keywords": "discovery; european; european union; new; schmitt; union", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2250", "words": "2961", "extension": ".pdf", "flesch": "44", "author": "Sundquist, Christian B.", "title": "Signifying on Passing: (Post) Post-Racialism, (Post) Post-Modernism, and (Post) Post-Marxism", "date": "2011", "keywords": "law; passing; post; race; racialism; society", "summary": "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 \u201cretreat from race,\u201d2 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.", "mime": "application/pdf"}, {"id": "cjrl-2252", "words": "15085", "extension": ".pdf", "flesch": "61", "author": "Robinson, Reginald Leamon", "title": "\u201cPrecious\u201d: A Tale of Three Explanations for Childhood Maltreatment", "date": "2011", "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", "summary": "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\u2019s 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, \u201cAmerica\u2019s 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\u201d). 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", "mime": "application/pdf"}, {"id": "cjrl-2254", "words": "6331", "extension": ".pdf", "flesch": "45", "author": "Mandell, Bekah", "title": "Putting Theory into Practice: Using a Human Rights Framework and Grassroots Organizing to Build a National Revolutionary Movement", "date": "2019", "keywords": "class; healthcare; note; party; people; race; rights; supra; tea; theory; vermont; white; workers; working", "summary": "Accordingly, other states may be able to use VWC\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2255", "words": "8137", "extension": ".pdf", "flesch": "44", "author": "Malhotra, Ravi", "title": "The Legal Politics of Hubert H. Harrison: Excavating a Lost Legacy", "date": "2011", "keywords": "african; american; garvey; harrison; hubert; hubert h.; hubert harrison; james; negro; note; party; perry; race; reader; socialist; supra; supra note", "summary": "The relationship between Hubert Harrison and the Jamaican-born Marcus Garvey also merits exploration and helps understand the contours of Harrison\u2019s signal contributions to the New Negro Movement. Perry suggests that under Harrison\u2019s editorship in 1920, circulation increased from ten thousand to fifty thousand. 71\u2009\u2009Hubert H. Harrison, On Garvey\u2019s Character and Abilities, in id., at 188, 190.", "mime": "application/pdf"}, {"id": "cjrl-2256", "words": "6433", "extension": ".pdf", "flesch": "41", "author": "Javidan, Pantea", "title": "Global Class and the Commercial-Sexual Exploitation of Children: Toward A Multidimensional Understanding", "date": "2011", "keywords": "children; class; exploitation; global; labor; law; note; poverty; race; supra; supra note; trafficking; united; world", "summary": "26\u2009\u2009TONKISS, 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 \u201clabor,\u201d even if it is categorized as \u201cone of the worst forms of child labor,\u201d 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.", "mime": "application/pdf"}, {"id": "cjrl-2257", "words": "4914", "extension": ".pdf", "flesch": "42", "author": "Hern\u00e1ndez, C\u00e9sar Cuauht\u00e9moc Garc\u00eda", "title": "The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness", "date": "2011", "keywords": "class; criminal; detention; enforcement; immigrants; immigration; immigration law; imprisonment; law; people; race; removal; states; u.s", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2258", "words": "11570", "extension": ".pdf", "flesch": "54", "author": "Harris, Angela P.", "title": "Compassion and Critique", "date": "2011", "keywords": "animal; caring; compassion; critique; emotion; example; human; ideology; law; marx; nature; people; property; race; rev; social; suffering; theorists; theory; things", "summary": "Like Marx, critical race theorists therefore want us to care about the subordinated.8 \u201d83 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\u2014that \u201cthe arc of history is long, but it bends toward justice.\u201d84", "mime": "application/pdf"}, {"id": "cjrl-2259", "words": "5006", "extension": ".pdf", "flesch": "39", "author": "Halewood, Peter", "title": "Citizenship as Accumulated Racial Capital", "date": "2011", "keywords": "aliens; american; capital; citizenship; class; community; equality; exclusion; law; membership; national; race; rev", "summary": "In fact, intolerance of difference is implicit even in the assimilationist ideal of \u201cuniversality\u201d in American citizenship because difference must be 27\u2009\u2009Enid 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\u2014race and class are always already historically embedded in American nationalism.", "mime": "application/pdf"}, {"id": "cjrl-2261", "words": "3079", "extension": ".pdf", "flesch": "60", "author": "Geary, Adam", "title": "W. E. B. Du Bois\u2019 Ambiguous Politics of Liberation: Race, Marxism and Pan Africanism", "date": "2011", "keywords": "africanism; bois; du bois; pan", "summary": "Commentators have realised, to some extent, the ambiguities of Du Bois\u2019 Pan Africanism. The term Pan Africanism can be used to describe Du Bois\u2019 association of the civil liberties struggle in America with the post-colonial struggle in Africa.", "mime": "application/pdf"}, {"id": "cjrl-2262", "words": "7315", "extension": ".pdf", "flesch": "74", "author": "Farley, Anthony Paul", "title": "Critical Race Theory & Marxism: Temporal Power", "date": "2011", "keywords": "accumulation; baldwin; child; faith; freud; james; law; note; power; race; supra; time", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2263", "words": "7959", "extension": ".pdf", "flesch": "66", "author": "Farley, Anthony Paul", "title": "Forward: When the Stars Begin to Fall: Introduction to Critical Race Theory and Marxism", "date": "2011", "keywords": "black; death; farley; king; law; marxism; note; post; race; race theory; rights; slavery; supra; theory", "summary": "In alphabetical order, they are: Anthony Paul Farley, Critical Race Theory & Marxism: Temporal Power; Adam Gearey, W. E. B. Du Bois\u2019 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\u2009\u2009CEDRIC 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, \u201cPrecious\u201d: 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.", "mime": "application/pdf"}, {"id": "cjrl-2264", "words": "18295", "extension": ".pdf", "flesch": "52", "author": "Bhattacharya, Shilpi", "title": "The Desire for Whiteness: Can Law and Economics Explain it?", "date": "2012", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2265", "words": "48887", "extension": ".pdf", "flesch": "55", "author": "Desautels-Stein, Justin", "title": "Race as a Legal Concept", "date": "2019", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2266", "words": "23843", "extension": ".pdf", "flesch": "45", "author": "Hawkins, Stacey L.", "title": "A Deliberative Defense of Diversity: Moving Beyond the Affirmative Action Debate to Embrace a 21st Century View of Equality", "date": "2012", "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", "summary": "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\u2019s utility as a \u201cvehicle of change\u201d to \u201cfurther the civil rights agenda\u201d); Devon W. Carbado & Mitu Gulati, What Exactly Is Racial Diversity?, 91 CAL.", "mime": "application/pdf"}, {"id": "cjrl-2267", "words": "9339", "extension": ".pdf", "flesch": "52", "author": "Acebo, Andr\u00e9s", "title": "Life, Liberty, and the Pursuit of Whiteness: A Revolution of Identity Politics in America", "date": "2012", "keywords": "america; court; election; law; majority; nation; new; obama; party; people; president; race; rubio; states; tea; united; white; whiteness", "summary": "Hsu further contends that, while \u201cas a purely demographic matter\u201d the concept of \u201cwhite America\u201d may cease to exist within as little as three decades, the cultural influence of \u201cwhite America\u201d has already ended.41 \u201cInstead of the long-standing model of assimilation toward a common center,\u201d Hsu observes that, \u201cthe culture is being remade in the image of white America\u2019s multiethnic, multicolored heirs.\u201d42 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\u2019s past and that he has revealed his \u201cdeep-seated hatred for white people or the white culture.", "mime": "application/pdf"}, {"id": "cjrl-2269", "words": "18850", "extension": ".pdf", "flesch": "50", "author": "Gruber, Kyle E.", "title": "Bringing Home the Bacon: A Case for Applying the New Jersey Urban School Funding Remedy from Abbott v. Burke to Poor Rural School Districts", "date": "2012", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2271", "words": "26319", "extension": ".pdf", "flesch": "50", "author": "Edmonds, Timothy Deloache", "title": "Contracting Away Success: The Way Teacher Collective Bargaining Agreements are Undermining the Education of America\u2019s Children", "date": "2012", "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", "summary": "Nationally, 15% of high school teachers were teaching outside of their area of expertise during the 2007\u20132008 academic year.158 In California, one of the country\u2019s 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 (\u201cTeachers unions and some education experts have argued that value-added is an unreliable measure that encourages rote learning and \u2018teaching to the test.\u2019\u201d).", "mime": "application/pdf"}, {"id": "cjrl-2272", "words": "17253", "extension": ".pdf", "flesch": "54", "author": "Ferguson, Robert A.", "title": "The Immigrant Plight/Immigration Law: A Study in Intractability", "date": "2012", "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\u2018s; sleep; states; story; times; u.s; united; way; work; world", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2274", "words": "8023", "extension": ".pdf", "flesch": "55", "author": "Zanetti, Gianfrancesco", "title": "Astrology and Race: Aspects of Equality After Critical Race Theory", "date": "2012", "keywords": "astrology; crt; equality; european; example; group; jurisprudence; law; mashpee; notion; people; point; race; racism; theory; tribe; value; view", "summary": "Even if races are perceived as zodiac signs, as formal characters assigned by casting astrological lots or by genetic lottery, \u2015a judge may advocate the importance of racial equality while arriving at a decision detrimental to black Americans.\u201637 An apparently reasonable jurisprudence seems to revolve around a pseudo-scientific array of notions (such as \u2015neutral\u2016 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.", "mime": "application/pdf"}, {"id": "cjrl-2276", "words": "19272", "extension": ".pdf", "flesch": "36", "author": "Sokhansanj, Bahrad A.", "title": "Beyond Protecting Genetic Privacy: Understanding Genetic Discrimination Through Its Disparate Impact on Racial Minorities", "date": "2012", "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", "summary": "This limitation presupposes an expectation of privacy: specifically, both an individual\u2018s 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 \u2015abandoned property.\u201644 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\u2018s inception in the early 1990s.", "mime": "application/pdf"}, {"id": "cjrl-2277", "words": "12359", "extension": ".pdf", "flesch": "47", "author": "Gilmore, Brian", "title": "Chances Are: Lessons From The 1962 United States Civil Rights Commission Housing Discrimination Hearings In Washington D.C. For The Current Foreclosure Crisis", "date": "2012", "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", "summary": "It is not one\u2019s 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 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 124 Id. at 229. I. INTRODUCTION\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.", "mime": "application/pdf"}, {"id": "cjrl-2278", "words": "17367", "extension": ".pdf", "flesch": "47", "author": "Zalesne, Deborah", "title": "Racial Inequality In Contracting: Teaching Race As A Core Value", "date": "2013", "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", "summary": "The apparent neutrality of contract law in particular masks the distributive effects of legal rules. Unspoken assumptions about power\u2014who has it, who may use it, and how it may be used\u2014are embedded in contract law and theory.", "mime": "application/pdf"}, {"id": "cjrl-2280", "words": "14160", "extension": ".pdf", "flesch": "46", "author": "Hardaway, Robert", "title": "Race and Income Disparity: An Ideologiy-Neutral Approach To Reconciling Capitalism And Economic Justice", "date": "2013", "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", "summary": "[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\u2019s Threat to Civil Litigation: 50 Race and Income Disparity Vol. 3:1 A. Housing Policy\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 58 B. Immigration\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. I. INTRODUCTION\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.", "mime": "application/pdf"}, {"id": "cjrl-2282", "words": "16693", "extension": ".pdf", "flesch": "52", "author": "Crane, Linda R.", "title": "Checking Out Of The Exception To 3-104: Why Parties Should Be Able to Negotiate Whether Checks Should Be Payable On Demand", "date": "2013", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2284", "words": "8808", "extension": ".pdf", "flesch": "50", "author": "Parson, E. Earl; McLaughlin, Monique", "title": "Citizenship In Name Only: The Coloring of Democracy While Redefining Rights, Liberties And Self Determination For The 21st Century", "date": "2013", "keywords": "african; americans; black; challenges; citizenship; court; jury; law; laws; people; race; racial; rights; states; u.s; united; voter; voting; white", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2285", "words": "16651", "extension": ".pdf", "flesch": "55", "author": "Watts, Christopher", "title": "Road To The Poll: How The Wisconsin Voter ID Law of 2011 Is Disenfranchising Its Poor, Minority, and Elderly Citizens", "date": "2013", "keywords": "act; burdens; citizens; constitution; court; fraud; identification; law; laws; photo; poll; rights; state; tax; u.s; voter; voter identification; voting; wisconsin", "summary": "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\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 120 II.", "mime": "application/pdf"}, {"id": "cjrl-2286", "words": "36557", "extension": ".pdf", "flesch": "46", "author": "Muhammad, Patricia M.", "title": "The Trans-Atlantic Slave Trade: A Legacy Establishing A Case For International Reparations", "date": "2013", "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", "summary": "However, under the doctrine of \u201cnext friend,\u201d 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\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2287", "words": "7007", "extension": ".pdf", "flesch": "50", "author": "Bermudez, Fernando", "title": "Stolen Happiness", "date": "2013", "keywords": "bermudez; case; conviction; evidence; incarceration; judge; justice; law; lopez; new; new york; people; police; prison; prosecutor; race; state; trial; york", "summary": "COLUMBIA JOURNAL OF RACE AND LAW \u00a0 213 \u00a0 \u00a0 \u00a0 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\u2019s essay entails his over eighteen-year wrongful incarceration in New York until proven \u201cactually innocent\u201d in 2009.", "mime": "application/pdf"}, {"id": "cjrl-2288", "words": "21175", "extension": ".pdf", "flesch": "46", "author": "Severin, Chad\u00e9", "title": "We Built This City: The Legality Of Community Benefit Agreements For Big Box Construction Under Title VII And The Equal Protection Clause", "date": "2013", "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", "summary": "Cherokee-Gates CBA\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 228 2. LAX Project CBA\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 229 C. Private-Private and Private-Public with Hiring Based on Race or Gender\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 229 1. Atlantic Yards\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 229 2. Bayview CBA\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.", "mime": "application/pdf"}, {"id": "cjrl-2290", "words": "16373", "extension": ".pdf", "flesch": "43", "author": "Grant, Alexandra", "title": "Intersectional Discrimination In U Visa Certification Denials: An Irremediable Violation Of Equal Protection?", "date": "2013", "keywords": "american; certification; court; discrimination; enforcement; equal; immigrants; inter; law; law enforcement; police; protection; rights; states; talia; u visa; united; victims; violence; visa; women", "summary": "272 C. What Would Happen if Talia Were to Bring an Equal Protection Claim Under Inter-American Human Rights Law?\u2026\u2026\u2026\u2026\u2026\u2026\u2026 273 V. EXTRALEGAL STRATEGIES TO PROMOTE THE RIGHTS OF BATTERED UNDOCUMENTED WOMEN\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 273 A. Building Support From Within: Community-Based Organization.. 274 B. Reaching Out: Potential Bases of Support from Outside the Community\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 255 A. U Visas and Certification\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 255 B. Equal Protection\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 257 C. Equal Protection and Noncitizens\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 258 D. Law Enforcement Discretion \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. 260 III.", "mime": "application/pdf"}, {"id": "cjrl-2291", "words": "12215", "extension": ".pdf", "flesch": "39", "author": "Hull, Helia Garrido", "title": "Diversity In The Legal Profession: From Rhetoric To Reality", "date": "2013", "keywords": "2013; aba; american; ass\u2019n; bar; bias; conduct; disability; discrimination; diversity; firms; law; lawyers; lgbt; minorities; minority; note; profession; race; rules; school; supra; women", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2292", "words": "21446", "extension": ".pdf", "flesch": "43", "author": "Jabareen, Yousef T.", "title": "The Politics Of Equality: The Limits Of Collective Rights Litigation And The Case Of The Palestinian-Arab Minority In Israel", "date": "2013", "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", "summary": "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", "mime": "application/pdf"}, {"id": "cjrl-2293", "words": "11220", "extension": ".pdf", "flesch": "52", "author": "Archer, Deborah N.", "title": "There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A \u201cPost-Racial\u201d Society", "date": "2013", "keywords": "black; clients; culture; discrimination; law; law students; lawyering; note; post; race; racism; rights; school; students; supra; supra note; white", "summary": "This orientation to disparities shapes people\u2019s 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 \u201csever 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 \u201cPost\u201d in Post-Racial the \u201cBlind\u201d in Colorblind?, 32 CARDOZO L. REV. 807 (2011) (noting that after Obama\u2019s election, commentators marvel that we now live in a post-racial America).", "mime": "application/pdf"}, {"id": "cjrl-2294", "words": "13965", "extension": ".pdf", "flesch": "33", "author": "Hipp, Jason P.", "title": "Rethinking Rewriting: Tribal Constitutional Amendment And Reform", "date": "2013", "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", "summary": "Focusing on the processes of constitutional change produces insight into tribes' status as \u201cdomestic dependent sovereigns\u201d 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 \u201cprobably the greatest in number ever written in an equivalent length of time in the history of the world.", "mime": "application/pdf"}, {"id": "cjrl-2296", "words": "19355", "extension": ".pdf", "flesch": "54", "author": "Nguyen, Xuan-Thao", "title": "China\u2019s Apologetic Justice: Lessons for the United States?", "date": "2014", "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", "summary": "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 \u201cthe wrongdoer\u2019s public expression of his repentance, whereby he openly acknowledges his wrongdoing and simultaneously disowns it\u201d); MARTHA MINOW, BETWEEN VENGEANCE AND FORGIVENESS 114-15 (1998) (\u201cto apologize is to declare voluntarily that one has no excuse, defense, justification, or explanation for an action.\u201d). 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 \u201cThe Other,\u201d9 a nation known mostly for intellectual property theft problems.", "mime": "application/pdf"}, {"id": "cjrl-2297", "words": "32582", "extension": ".pdf", "flesch": "31", "author": "Dean, Kamille Wolff", "title": "Foreclosures and Financial Aid: Mind Over Mortgages in Closing the Plus Loan Gap", "date": "2014", "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", "summary": "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 (\u201cFederal student aid covers such expenses as tuition and fees, room and board, books and supplies, and transportation.", "mime": "application/pdf"}, {"id": "cjrl-2298", "words": "18228", "extension": ".pdf", "flesch": "50", "author": "Blaisdell, Demetri", "title": "Title VII Challenges to Security Clearance Referrals: Rattigan Points the Way", "date": "2014", "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", "summary": "\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 198 D. Will Narrow Judicial Review of Security Clearance Referrals Based on Racist, Discriminatory, or Otherwise Knowingly False Information Chill Reporting \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026... 200 V. CONCLUSION \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 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 \u00a0 \u00a0 182 \u00a0 rejecting for lack of jurisdiction challenges to security clearance decisions based on claims of gender discrimination,25 disability discrimination,26 and whistleblower retaliation.27", "mime": "application/pdf"}, {"id": "cjrl-2299", "words": "10980", "extension": ".pdf", "flesch": "54", "author": "Galloway, Devon", "title": "The Numbers Matter: An Update to the Implementation of New York\u2019s Prison Gerrymandering Law", "date": "2014", "keywords": "addresses; bureau; census; court; districts; gerrymandering; law; new; new york; population; prisoners; redistricting; state; vote; york", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2302", "words": "18680", "extension": ".pdf", "flesch": "37", "author": "Gradilla, Miguel A.", "title": "Making Rights Real: Effectuating the Due Process Rights of Particularly Vulnerable Immigrants in Removal Proceedings Through Administrative Mechanisms", "date": "2014", "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", "summary": "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\u2019 assistance when they are unable to do so on their own.7 Academic commentators and immigrants\u2019 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 (\u201cIJ\u201d).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\u2019s 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\u2019s vision for immigration reform). The latest figures available from the Department of Homeland Security (\u201cDHS\u201d) show that Immigration and Customs Enforcement (\u201cICE\u201d) 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.", "mime": "application/pdf"}, {"id": "cjrl-2303", "words": "15839", "extension": ".pdf", "flesch": "53", "author": "Nelson, R. Benjamin", "title": "Tribe-Sanctioned Nuclear Waste Facilities and Their Involuntary Neighbors", "date": "2014", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2304", "words": "16921", "extension": ".pdf", "flesch": "35", "author": "Wadhia, Shoba Sivaprasad", "title": "The Rise of Speed Deportation and the Role of Discretion", "date": "2015", "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", "summary": "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 \u201cregular\u201d 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 \u201cpetition for review\u201d within 30 days after an administrative removal order becomes final.", "mime": "application/pdf"}, {"id": "cjrl-2305", "words": "15675", "extension": ".pdf", "flesch": "55", "author": "Wolf, Jacob", "title": "On Death\u2019s Doorstep: The Racially Stratified Impact of the Michigan Self-Defense Act and Why Race-Centric Advocacy is Not the Answer", "date": "2015", "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", "summary": "The Castle Doctrine was codified into Michigan law with the enactment of the state\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2306", "words": "16935", "extension": ".pdf", "flesch": "51", "author": "Chandran, Ashok", "title": "Color in the \u201cBlack Box\u201d: Addressing Racism in Juror Deliberations", "date": "2015", "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", "summary": "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 \u201c[t]here is no constitutional presumption of juror bias for or against members of any particular racial or ethnic groups.", "mime": "application/pdf"}, {"id": "cjrl-2307", "words": "12458", "extension": ".pdf", "flesch": "39", "author": "Ho, Shawn", "title": "A Critique of the Motivations Behind Negative Action Against Asian Americans in U.S. Universities: The Model Victims", "date": "2015", "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", "summary": "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 \u201cplus\u201d 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 \u201cmodel minority\u201d but not \u201cmodel Americans\u201d\u2014while 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.", "mime": "application/pdf"}, {"id": "cjrl-2308", "words": "14334", "extension": ".pdf", "flesch": "48", "author": "Inniss, Lolita Buckner", "title": "Cherokee Freedmen and the Color of Belonging", "date": "2015", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2309", "words": "15881", "extension": ".pdf", "flesch": "41", "author": "Zayas Morales, Carlo E.", "title": "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", "date": "2015", "keywords": "arizona; circuit; city; congress; court; federal; government; immigrants; immigration; law; laws; ordinance; preemption; state; state law; supreme; u.s; united", "summary": "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\u2014despite being a valid exercise of a sovereign state\u2019s legislative competence\u2014must 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\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2310", "words": "13551", "extension": ".pdf", "flesch": "39", "author": "Ramaswamy, Rebecca R.", "title": "Bars to Education: The Use of Criminal History Information in College Admissions", "date": "2015", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2311", "words": "13939", "extension": ".pdf", "flesch": "31", "author": "Wadhia, Shoba Sivaprasad", "title": "Demystifying Employment Authorization and Prosecutorial Discretion in Immigration Cases", "date": "2015", "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", "summary": "DHS can terminate or renew deferred action at any time, at the agency\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2312", "words": "12352", "extension": ".pdf", "flesch": "47", "author": "Thompson, Danielle", "title": "Midwives and Pregnant Women of Color: Why We Need to Understand Intersectional Changes in Midwifery to Reclaim Home Birth", "date": "2016", "keywords": "birth; century; color; control; home; hospital; medicalization; midwifery; midwives; note; percent; race; regulation; states; supra; supra note; white; women", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2313", "words": "15582", "extension": ".pdf", "flesch": "45", "author": "Johnson, Loretta A.", "title": "Protecting the Constitutional Rights of Minority Youth on Rikers Island", "date": "2016", "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", "summary": "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\u2019s 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\u2019 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\u2014behavior oftentimes necessary for survival on Rikers Island.35", "mime": "application/pdf"}, {"id": "cjrl-2314", "words": "19175", "extension": ".pdf", "flesch": "47", "author": "Beckett, Katherine; Evans, Heather", "title": "Race, Death, and Justice: Capital Sentencing in Washington State, 1981-2014", "date": "2016", "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", "summary": "Although it is possible that Washington\u2019s 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\u2019 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\u2019 decisions30 to impose capital punishment in aggravated murder cases in which death notices have been filed.", "mime": "application/pdf"}, {"id": "cjrl-2315", "words": "16226", "extension": ".pdf", "flesch": "38", "author": "DeLise, James M.", "title": "Religious Exemptions to Neutral Laws of General Applicability and the Theory of Disparate Impact Discrimination", "date": "2016", "keywords": "applicability; court; discrimination; employment; exemptions; exercise; impact; interest; laws; protection; race; religion; sherbert; smith; state; title; u.s; vii", "summary": "Just as Washington v. Davis33 relegated remedies for race-based disparate impact in employment to the statutory level, the Court\u2019s 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\u2014thus 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\u2019s 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\u2019s 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", "mime": "application/pdf"}, {"id": "cjrl-2316", "words": "18070", "extension": ".pdf", "flesch": "44", "author": "Jallad, Zeina", "title": "The Power of the Body: Analyzing the Logic of Law and Social Change in the Arab Spring", "date": "2016", "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", "summary": "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\u2019 actual compliance with international human rights law which, \u201cif it takes place at all, may well happen sporadically and in fits and starts.", "mime": "application/pdf"}, {"id": "cjrl-2317", "words": "15337", "extension": ".pdf", "flesch": "51", "author": "Obanor, Dorielle E.", "title": "Dismantling Discrimination in the Stairways and Halls of NYCHA Using Local, State, and National Civil Rights Statutes", "date": "2016", "keywords": "buildings; city; claim; davis; discrimination; housing; law; new york; note; nycha; nypd; patrols; plaintiff; police; public; race; residents; rights; supp; york city", "summary": "The Negative Implications Of NYPD\u2019s 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 (\u201cNYCHA\u201d) buildings.", "mime": "application/pdf"}, {"id": "cjrl-2318", "words": "10245", "extension": ".pdf", "flesch": "42", "author": "Smith, Raquel", "title": "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", "date": "2016", "keywords": "act; agencies; credit; development; housing; housing tax; income; income housing; lihtc; occ; percent; poverty; program; rights; segregation; state; tax; treasury", "summary": "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 \u201chigh or extreme poverty.\u201d75 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.", "mime": "application/pdf"}, {"id": "cjrl-2319", "words": "7530", "extension": ".pdf", "flesch": "40", "author": "Akpan, Anietie Maureen-Ann", "title": "Case Comment: Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013)", "date": "2016", "keywords": "american; baby; child; couple; court; custody; girl; icwa; indian; parent; petitioner", "summary": "[t]he product of rising concern in the mid-1970\u2019s 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). \u201d23 Congress subsequently employed the Indian Child Welfare Act, whose purpose was to put an end to the \u201cculturally inappropriate removal of Indian children.", "mime": "application/pdf"}, {"id": "cjrl-2320", "words": "27265", "extension": ".pdf", "flesch": "51", "author": "Ben Shahar, Tammy Harel", "title": "Race, Class, and Religion: Creaming and Cropping in Religious, Ethnic, and Cultural Charter Schools", "date": "2016", "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", "summary": "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\u2014 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.", "mime": "application/pdf"}, {"id": "cjrl-2321", "words": "23502", "extension": ".pdf", "flesch": "55", "author": "Berdec\u00eda, Andr\u00e9s Gonz\u00e1lez", "title": "Puerto Rico Before the Supreme Court of the United States: Constitutional Colonialism in Action", "date": "2016", "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; s\u00e1nchez; territory; u.s; united states; v. united; valle", "summary": "Part II of this Article will discuss Puerto Rico v. S\u00e1nchez 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. S\u00e1nchez 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.", "mime": "application/pdf"}, {"id": "cjrl-2322", "words": "23502", "extension": ".pdf", "flesch": "55", "author": "Corey, Jessica", "title": "Risky Business: Critiquing Pennsylvania\u2019s Actuarial Risk Assessment in Sentencing", "date": "2016", "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; s\u00e1nchez; territory; u.s; united states; v. united; valle", "summary": "Part II of this Article will discuss Puerto Rico v. S\u00e1nchez 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. S\u00e1nchez 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.", "mime": "application/pdf"}, {"id": "cjrl-2323", "words": "17826", "extension": ".pdf", "flesch": "56", "author": "Hodge, Courtney", "title": "Is the Indian Child Welfare Act Losing Steam?: Non-Custodial Parental Rights After Adoptive Couple v. Baby Girl", "date": "2016", "keywords": "act; adoptive; american; child; child welfare; children; couple; court; custody; exception; family; family exception; icwa; indian; native; state; welfare act", "summary": "[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, \u00a7 1902 achieves this goal by providing for \u201cthe 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.", "mime": "application/pdf"}, {"id": "cjrl-2324", "words": "31543", "extension": ".pdf", "flesch": "49", "author": "Johnson Jr., Herman N.", "title": "From Status to Agency: Abolishing the \u201cVery Spirit of Slavery\u201d", "date": "2019", "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", "summary": "In the Americas, the primary purpose of slave labor was the production of staple commodities \u2013 sugar, coffee, tobacco, rice, cotton, gold, and silver \u2013 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.", "mime": "application/pdf"}, {"id": "cjrl-2325", "words": "11023", "extension": ".pdf", "flesch": "59", "author": "Kerr, Andrew Jensen", "title": "Rap Exegesis: Interpreting the Rapper in an Internet Society", "date": "2017", "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", "summary": "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).", "mime": "application/pdf"}, {"id": "cjrl-2326", "words": "10920", "extension": ".pdf", "flesch": "43", "author": "Kolawole, Bolatito", "title": "African Immigrants, Intersectionality, and the Increasing Need for Visibility in the Current Immigration Debate", "date": "2017", "keywords": "act; american; discrimination; diversity; groups; immigrants; immigration; intersectionality; law; note; people; policies; race; supra; supra note; united; united states; visa", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-2327", "words": "16939", "extension": ".pdf", "flesch": "48", "author": "Yi, Yujin", "title": "The Status Quo of Racial Discrimination in Japan and the Republic of Korea and the Need to Provide for Anti-Discrimination Laws", "date": "2017", "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", "summary": "No. 4:410] THE STATUS QUO OF RACIAL DISCRIMINATION 413 determined by the parents\u2019 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.", "mime": "application/pdf"}, {"id": "cjrl-2328", "words": "11128", "extension": ".pdf", "flesch": "54", "author": "McClellan, Cara", "title": "Dismantling the Trap: Untangling the Chain of Events in Excessive Force Claims", "date": "2018", "keywords": "amendment; analysis; approach; cir; circumstances; conduct; courts; force; fourth; law; officer; police; pre; seizure; use", "summary": "16 Victims of excessive police force can sue police officers under 42 U.S.C. \u00a7 1983 17 and claim that an officer\u2019s action violated the Fourth Amendment\u2019s reasonableness standard. According to the Washington Post, there were 963 civilians killed by police officers in 2016.", "mime": "application/pdf"}, {"id": "cjrl-2329", "words": "24911", "extension": ".pdf", "flesch": "52", "author": "Calvo, Janet M.", "title": "Professional Licensing and Teacher Certification for Non-Citizens: Federalism, Equal Protection And A State\u2019s Socio-Economic Interests", "date": "2018", "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", "summary": "Business and Professions Code \u00a7\u00a7 5000 \u2013 5158 327 Title 16, Division 1, California Code of Regulations \u00a7\u00a7 1 \u2013 99.1 328 Reciprocity (BPC \u00a7\u00a7 5096 \u2013 5096.21) 329 2. tit. 16, \u00a7\u00a7 3396.1\u20133399.6 (2017).", "mime": "application/pdf"}, {"id": "cjrl-2330", "words": "16808", "extension": ".pdf", "flesch": "37", "author": "Newman, Natasha", "title": "A Place to Call Home: Defining the Legal Significance of the Sanctuary Campus Movement", "date": "2018", "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", "summary": "LEGAL F. 27, 34 (explaining that tuition benefits constitute \u201cpurely state benefits\u201d 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.", "mime": "application/pdf"}, {"id": "cjrl-2331", "words": "10165", "extension": ".pdf", "flesch": "52", "author": "Sharon, William", "title": "Neutral in Name: Rothe, the Error of Anticlassification, and the State of Race-Neutral Means", "date": "2018", "keywords": "action; anticlassification; court; impact; law; people; plan; race; rothe; scrutiny; u.s", "summary": "In contrast, the Rothe court noted, \u00a7 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 \u00a7 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 \u00a7 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 \u201cMere 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.", "mime": "application/pdf"}, {"id": "cjrl-2332", "words": "23747", "extension": ".pdf", "flesch": "60", "author": "LeRoy, Michael H.", "title": "Slurred Speech: How the NLRB Tolerates Racism", "date": "2018", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2333", "words": "23539", "extension": ".pdf", "flesch": "61", "author": "Skibine, Alexander Tallchief", "title": "The Supreme Court\u2019s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?", "date": "2018", "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", "summary": "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\u2019s agenda to promote states\u2019 rights, a color-blind agenda, and mainstream values. First, it evaluates Congress\u2019s response to Supreme Court cases.", "mime": "application/pdf"}, {"id": "cjrl-2334", "words": "17489", "extension": ".pdf", "flesch": "54", "author": "Hu, Diane", "title": "Broadening Diversity on the Bench: Voting Behavior and Panel Effects on the United States Courts of Appeals", "date": "2018", "keywords": "appeals; bench; cases; characteristics; courts; decision; diversity; female; gender; judges; law; note; panel; presence; race; results; variables; vote; voting", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-2335", "words": "18510", "extension": ".pdf", "flesch": "52", "author": "Gumas, Nicholas", "title": "Socioeconomic and Racial Disparities in Public Special Education: Alleviating Decades of Unequal Enforcement of the Individuals with Disabilities Education Act in New York City", "date": "2018", "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", "summary": "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\u2019d expect, WASH.", "mime": "application/pdf"}, {"id": "cjrl-3409", "words": "26426", "extension": ".pdf", "flesch": "39", "author": "Johnson, Darin E.W.", "title": "Russian Election Interference and Race-Baiting", "date": "2019", "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", "summary": "[Vol. 9:2 This Article\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-3411", "words": "24312", "extension": ".pdf", "flesch": "41", "author": "Nanda, Jyoti", "title": "The Construction and Criminalization of Disability in School Incarceration", "date": "2019", "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", "summary": "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 KIMBERL\u00c9 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.", "mime": "application/pdf"}, {"id": "cjrl-3412", "words": "17127", "extension": ".pdf", "flesch": "52", "author": "Rogers, Shane", "title": "Providing Broader Sixth Amendment Protections: We Can Afford to Give Indigent Defendants More", "date": "2019", "keywords": "amendment; amendment right; assistance; attorney; counsel; court; criminal; defendant; indictment; negotiations; plea; plea negotiations; pre; right; rule; state; u.s", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-3413", "words": "13873", "extension": ".pdf", "flesch": "51", "author": "Li, Olivia", "title": "From Housing to Health: Imagining Antidiscrimination Provisions for Menthol Cigarette Marketing", "date": "2019", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-4837", "words": "9094", "extension": ".pdf", "flesch": "47", "author": "Welch, Matthew M.", "title": "PRIVACY LAW CONCERNS ASSOCIATED WITH THE REINTRODUCTION OF THE CITIZENSHIP QUESTION TO THE 2020 NATIONAL CENSUS", "date": "2020", "keywords": "bureau; census; census bureau; citizenship data; citizenship question; commerce; data; government; information; law; national; privacy; u.s", "summary": "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. \u00a7 221 (2018) (stating that refusing to answer, or falsely answering, census questions can result in fines up to 500 dollars).", "mime": "application/pdf"}, {"id": "cjrl-4838", "words": "9087", "extension": ".pdf", "flesch": "52", "author": "Conklin, Michael", "title": "AN UPHILL BATTLE FOR REPARATIONISTS: A QUANTITATIVE ANALYSIS OF THE EFFECTIVENESS OF SLAVERY REPARATIONS RHETORIC", "date": "2020", "keywords": "10:1; african; americans; cash; form; government; harm; law; note; person; prompt; race; reparations; slavery; slavery reparations; support; supra; white", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-4840", "words": "15320", "extension": ".pdf", "flesch": "46", "author": "Jordan, Bre", "title": "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", "date": "2020", "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", "summary": "[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 \u201clow labor force participation rates,\u201d 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.", "mime": "application/pdf"}, {"id": "cjrl-4841", "words": "17279", "extension": ".pdf", "flesch": "50", "author": "Reville, Tricia", "title": "RICE PADDIES ON THE WHITE HOUSE LAWN: CFIUS & THE FOREIGN CONTROL REQUIREMENT", "date": "2020", "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", "summary": "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 \u201cthe President or the President\u2019s designee\u201d the power to \u201cinvestigate\u201d foreign investment activity like the proposed Fujitsu Ltd. acquisition.62 The bill effectively codified President Ford\u2019s 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 \u201cobscure\u201d administrative committee with \u201climited authority\u201d to an \u201cimportant component of U.S. foreign investment policy with a broad mandate. FOREIGN DIRECT INVESTMENT IN THE UNITED STATES AND THE CREATION OF CFIUS CFIUS\u2019 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 \u201cforeign-owned firms\u201d in the U.S.17 and, in 2013, \u201cforeign-owned companies\u201d paid over 16% of the total revenue from U.S. federal corporate income tax.18 Additionally, \u201cforeign sources\u201d filed for over 50% of recent utility 16 FDI In The USA, U.S. DEP\u2019T OF COMMERCE, https://www. selectusa.gov/why-fdi.", "mime": "application/pdf"}, {"id": "cjrl-5182", "words": "11721", "extension": ".pdf", "flesch": "56", "author": "Taifa, Nkechi", "title": "Let's Talk About Reparations", "date": "2020", "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", "summary": "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\u2019 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\u2014with the founding of the National Coalition of Blacks for Reparations in America.", "mime": "application/pdf"}, {"id": "cjrl-6111", "words": "27346", "extension": ".pdf", "flesch": "48", "author": "Gon\u00e7alves, Jr., Walter I. ", "title": "Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions", "date": "2020", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-6113", "words": "18936", "extension": ".pdf", "flesch": "57", "author": "Montoya , John ", "title": "Defying Congressional Intent : Justices Miller and Bradley Alter the Course of Reconstruction ", "date": "2020", "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", "summary": "As such, the Framers\u2019 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\u2019s 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\u2019 rights, or if other branches of state government were unwilling or unable to ensure equal enforcement of state laws, the federal government, in Bradley\u2019s view, could not directly enforce these privileges and immunities.177 172 Id. at 715.", "mime": "application/pdf"}, {"id": "cjrl-6115", "words": "19656", "extension": ".pdf", "flesch": "46", "author": "Jones , Joella Adia ", "title": "The Failure to Protect Pregnant Pretrial Detainees: The Possibility of Constitutional Relief in The Second Circuit Under a Fourteenth Amendment Analysis", "date": "2020", "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", "summary": "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 \u201cform imprisoned at some point in their lifetime.\u201d); 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,\u201d 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", "mime": "application/pdf"}, {"id": "cjrl-6116", "words": "16856", "extension": ".pdf", "flesch": "50", "author": "Beaubrun, Gelsey G.", "title": "Talking Black : Destigmatizing Black English and Funding Bi-Dialectal Education Programs ", "date": "2020", "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", "summary": "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 \u201cgraduating\u201d from high school functionally illiterate.168 Federal and state laws and policies must 163 20 U.S.C. \u00a7 6301.", "mime": "application/pdf"}, {"id": "cjrl-8016", "words": "17314", "extension": ".pdf", "flesch": "46", "author": "Elkin, Jacob", "title": "Environmental Justice and Pennsylvania's Environmental Rights Amendment: Applying the Duty of Impartiality to Discriminatory Siting", "date": "2021", "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", "summary": "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\u2019s opinion failed to further solidify an understanding of the duty of impartiality in Pennsylvania environmental law.", "mime": "application/pdf"}, {"id": "cjrl-8017", "words": "20735", "extension": ".pdf", "flesch": "49", "author": "Galv\u00e1n, Nicol\u00e1s Quaid", "title": "Adopting the Cumulative Harm Framework to Address Second-Generation Discrimination", "date": "2021", "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", "summary": "8 Russo, 410 S. Ct. at 2103. 2021] CUMULATIVE HARM FRAMEWORK 151 way, imposes a different burden upon this person in obtaining an abortion. (\u201c[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 \u201cinfinitely 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.", "mime": "application/pdf"}, {"id": "cjrl-8018", "words": "26655", "extension": ".pdf", "flesch": "43", "author": "Foster, Michelle; Baker, Timnah Rachel", "title": "Racial Discrimination in Nationality Laws: A Doctrinal Blind Spot of International Law?", "date": "2021", "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", "summary": "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 \u201cracial aphasia,\u201d that is, a \u201ccollective inability to speak about race\u201d 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 \u201castounding 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,\u201d10 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\u2019s historic reluctance to properly limit Article 1(3)\u2019s 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.", "mime": "application/pdf"}, {"id": "cjrl-8019", "words": "32357", "extension": ".pdf", "flesch": "48", "author": "powell, john a.; Toppin, Jr., Eloy", "title": "Uprooting Authoritarianism: Deconstructing the Stories Behind Narrow Identities and Building a Society of Belonging", "date": "2021", "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", "summary": "\u201d32 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\u2014who occupy the dominant position in the West\u2014 were the only ones included in the data sample they used to analyze authoritarianism.41 A.", "mime": "application/pdf"}, {"id": "cjrl-8045", "words": "12601", "extension": ".pdf", "flesch": "46", "author": "Patel, Vinay", "title": "Racially Motivated Spying Pretext: Challenging the FBI's New Regime of Racialized Surveillance", "date": "2021", "keywords": "2018\u201320; 2018\u201320 guidance; activists; assessment; bie; bie threat; black; fbi; guidance; law; level; people; police; race; rmve; spying; supra note; surveillance; threat; violence; vol; white; wse", "summary": "The population of potential Black targets of FBI surveillance will be referred to as \u201cBlack activists\u201d 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 \u201ca new way to legally curtail the freedom of African Americans,\u201d and \u201cyet another effort at race control.\u201d).", "mime": "application/pdf"}, {"id": "cjrl-8230", "words": "41261", "extension": ".pdf", "flesch": "59", "author": "Gans, David H. ", "title": "We Do Not Want to Be Hunted: The Right to Be Secure and Our Constitutional Story of Race and Policing", "date": "2021", "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", "summary": "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 \u201cinvolves the courts in the ongoing project of developing a detailed body of Fourth Amendment law\u201d and establishes rules that \u201cthe political branches of government would otherwise neglect\u201d), and Albert W. Alschuler, Herring v. United States: A Minnow or a Shark?, 7 OHIO ST. J. CRIM.", "mime": "application/pdf"}, {"id": "cjrl-8236", "words": "18821", "extension": ".pdf", "flesch": "54", "author": "Merlin, Alyson", "title": "Unenforced Promises: Treaty Rights as a Mechanism to Address the Impact of Energy Projects Near Tribal Lands", "date": "2021", "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", "summary": "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 (\u201cAbsent explicit statutory language, we have been extremely reluctant to find congressional abrogation of treaty rights . . . .\u201d).", "mime": "application/pdf"}, {"id": "cjrl-8237", "words": "11590", "extension": ".pdf", "flesch": "59", "author": "Cole, Avanthi", "title": "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", "date": "2021", "keywords": "black; cotenants; heirs; heirs property; interest; land; mitchell; note; owners; ownership; partition; property; property owners; sale; supra note; uphpa", "summary": "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 \u201cdead capital\u201d to describe heirs property because this type of land cannot be leveraged for financial gain.33 Hernando de Soto coined the term \u201cdead capital\u201d to describe property situations in developing countries where lack of \u201cnecessary formal structure\u201d 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 \u201cland rich but cash poor\u201d because the majority of their wealth is tied to their fractional interest in the 26 Id. at 2. 27 Lewan & Barclay, supra note 24.", "mime": "application/pdf"}, {"id": "cjrl-8737", "words": "9803", "extension": ".pdf", "flesch": "42", "author": "Polikoff, Nancy D.; Spinak, Jane M.", "title": "Foreword: Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being", "date": "2021", "keywords": "child; child welfare; children; colum; families; family; family regulation; foster; j. race; law; race; regulation; regulation system; services; symposium; system; welfare; welfare system", "summary": "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] (\u201cThe child welfare system has nothing to say about anti-Black state violence because the child removal system engages in it daily.\u201d). 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\u2019S WRONG WITH CHILDREN\u2019S RIGHTS (2005); TINA LEE, CATCHING A CASE: INEQUALITY AND FEAR IN NEW YORK CITY\u2019S 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", "mime": "application/pdf"}, {"id": "cjrl-8738", "words": "5338", "extension": ".pdf", "flesch": "47", "author": "Roberts, Dorothy", "title": "Keynote: How I Became a Family Policing Abolitionist", "date": "2021", "keywords": "care; children; colum; families; family; foster; j. race; policing; prison; race; system; welfare", "summary": "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\u2019s children.2 That made them four times as likely to be in foster care as white children.", "mime": "application/pdf"}, {"id": "cjrl-8739", "words": "3270", "extension": ".pdf", "flesch": "55", "author": "Hoag, Alexis", "title": "Closing Remarks: 10th Annual Symposium: How the Law Underdeveloped Racial Minorities in the United States", "date": "2021", "keywords": "abolition; black; columbia; law; people; professor; race; rights; school; underdevelopment", "summary": "She then introduced carceral abolition as a theoretical and practical framework to understand the law\u2019s underdevelopment of Black people and to help address the criminal legal system\u2019s 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\u2014diabetes, hypertension, and sickle cell disease.", "mime": "application/pdf"}, {"id": "cjrl-8740", "words": "10784", "extension": ".pdf", "flesch": "54", "author": "Copeland, Victoria A.", "title": "\u201cIt's the Only System We've Got\u201d: Exploring Emergency Response Decision-Making in Child Welfare", "date": "2021", "keywords": "caseworkers; child; data; decision; department; families; family; interview; law; making; surveillance; system; telephone; use; welfare", "summary": "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 \u201cuncooperative\u201d parents, surveillance also occurred when there was increased ambiguity in a case.", "mime": "application/pdf"}, {"id": "cjrl-8741", "words": "11419", "extension": ".pdf", "flesch": "49", "author": "Abdurahman, J. Khadijah", "title": "Calculating the Souls of Black Folk: Predictive Analytics in the New York City Administration for Children's Services", "date": "2021", "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", "summary": "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\u2014already overrepresented in child welfare data\u2014 become a site of experimentation for city agencies developing automated decision-making systems.", "mime": "application/pdf"}, {"id": "cjrl-8742", "words": "9803", "extension": ".pdf", "flesch": "39", "author": "Alphonso, Gwendoline M.", "title": "Political-Economic Roots of Coercion : Slavery, Neoliberalism, and the Racial Family Policy Logic of Child and Social Welfare", "date": "2021", "keywords": "black; child; child welfare; children; economic; families; family; labor; mothers; note; policy; race; slavery; standard; state; supra; utility; welfare; white; women", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-8743", "words": "10999", "extension": ".pdf", "flesch": "46", "author": "Baughman, Charlotte; Coles, Tehra; Feinberg, Jennifer; Newton, Hope", "title": "The Surveillance Tentacles of the Child Welfare System", "date": "2021", "keywords": "child; children; communities; court; families; family; family regulation; health; maltreatment; parents; regulation; regulation system; school; services; support; surveillance; system; tentacles", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-8744", "words": "13942", "extension": ".pdf", "flesch": "46", "author": "Rocha Beardall, Theresa; Edwards, Frank", "title": "Abolition, Settler Colonialism, and the Persistent Threat of Indian Child Welfare", "date": "2021", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-8745", "words": "12871", "extension": ".pdf", "flesch": "45", "author": "Harvey, Brianna; Gupta-Kagan, Josh; Church, Christopher", "title": "Reimagining Schools' Role Outside the Family Regulation System", "date": "2021", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-8746", "words": "10325", "extension": ".pdf", "flesch": "52", "author": "Briggs, Laura", "title": "Twentieth Century Black and Native Activism Against the Child Taking System: Lessons for the Present", "date": "2021", "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", "summary": "While this approach did not solve all the problems of the child welfare system\u2019s 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\u201330 (Sondra Jackson & Sheryl Brissett-Chapman eds., 1998).", "mime": "application/pdf"}, {"id": "cjrl-8747", "words": "15689", "extension": ".pdf", "flesch": "48", "author": "Burton, Angela Olivia; Montauban, Angeline", "title": "Toward Community Control of Child Welfare Funding: Repeal the Child Abuse Prevention and Treatment Act and Delink Child Protection from Family Well-Being", "date": "2021", "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", "summary": "[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\u20132018 (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.", "mime": "application/pdf"}, {"id": "cjrl-8748", "words": "10987", "extension": ".pdf", "flesch": "45", "author": "van Schilfgaarde, Lauren; Shelton, Brett Lee", "title": "Using Peacemaking Circles to Indigenize Tribal Child Welfare", "date": "2021", "keywords": "american; child; child welfare; children; circle; community; court; families; family; federal; icwa; indian; note; parents; rights; state; supra; system; tribal; tribes", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-8749", "words": "8213", "extension": ".pdf", "flesch": "62", "author": "Guggenheim, Martin", "title": "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", "date": "2021", "keywords": "black; children; families; family; katz; law; parents; poverty; race; regulation; roberts; states; system; welfare", "summary": "In addition to Professor Roberts, two of my personal heroes\u2014Peggy Cooper Davis and Khiara Bridges\u2014are 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\u2019s \u201cchild welfare\u201d 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 \u201cchild welfare commissioner\u201d anywhere in the United States.", "mime": "application/pdf"}, {"id": "cjrl-8750", "words": "13826", "extension": ".pdf", "flesch": "50", "author": "Presler, Clara", "title": "Mutual Deference Between Hospitals and Courts: How Mandated Reporting from Medical Providers Harms Families", "date": "2021", "keywords": "abuse; care; child; child abuse; children; clinician; concern; court; deference; factors; families; family; hospital; information; parents; race; report; reporting; risk; suspicion; system", "summary": "CAPTA aimed to systematize and strengthen existing programs by \u201cprovid[ing] financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect\u201d to establish a National Center on Child Abuse and Neglect, \u201cand for other purposes.\u201d Passed in 1973, New York\u2019s 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].", "mime": "application/pdf"}, {"id": "cjrl-8751", "words": "15627", "extension": ".pdf", "flesch": "48", "author": "Mack, Miriam", "title": "The White Supremacy Hydra: How the Family First Prevention Services Act Reifies Pathology, Control, and Punishment in the Family Regulation System", "date": "2021", "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", "summary": "Further emphasizing this point is the Act\u2019s spending flexibility, allowing state family regulation systems to move more \u201cupstream;\u201d or in other words, enable earlier interventions into families\u2019 lives.142 Beyond ongoing monitoring, the Family First Act tethers eligibility for reimbursement for prevention services to the maintenance of a \u201cprevention plan\u201d that identifies \u201cthe 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.", "mime": "application/pdf"}, {"id": "cjrl-8752", "words": "19336", "extension": ".pdf", "flesch": "45", "author": "Rolnick, Addie C. ", "title": "Assimilation, Removal, Discipline, and Confinement: Native Girls and Government Intervention", "date": "2021", "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", "summary": "As Jacobs explains, it \u201cnormalized 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.", "mime": "application/pdf"}, {"id": "cjrl-8753", "words": "12866", "extension": ".pdf", "flesch": "58", "author": "Albert, Ashley; Bain, Tiheba; Brico, Elizabeth; Dinkins, Bishop Marcia; Houston, Kelis; McMillan, Joyce; Quarles, Vonya; Sangoi, Lisa; Cloud, Erin Miles; Marx-Arpadi, Adina", "title": "Ending the Family Death Penalty and Building a World We Deserve", "date": "2021", "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", "summary": "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).", "mime": "application/pdf"}, {"id": "cjrl-8786", "words": "2263", "extension": ".pdf", "flesch": "63", "author": "Galv\u00e1n, Nicol\u00e1s Quaid", "title": "Editor's Note: Growth in Unprecedented Times", "date": "2021", "keywords": "colum; columbia; journal; law; race", "summary": "Our relationship with Columbia Law School and our Journal changed. Editor-in-Chief, Columbia Journal of Race and Law, Volume 11.", "mime": "application/pdf"}, {"id": "cjrl-9149", "words": "14207", "extension": ".pdf", "flesch": "48", "author": "Arons, Anna", "title": "An Unintended Abolition: Family Regulation During the COVID-19 Crisis", "date": "2022", "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", "summary": "This was not unique to New York: nationwide, education personnel make more child maltreatment allegations than any 19 See generally MARTIN GUGGENHEIM, WHAT\u2019S WRONG WITH CHILDREN\u2019S RIGHTS 192\u2013193 (2005) (citing DUNCAN LINDSEY, THE WELFARE OF CHILDREN 65\u201366 (1994)) (describing poverty as the number one predictor of reports of neglect); TINA LEE, CATCHING A CASE: INEQUALITY AND FEAR IN NEW YORK CITY\u2019S CHILD WELFARE SYSTEM (2016) (describing family regulation system as a punitive system that punishes parents for poverty and removes children from their parents\u2019 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.", "mime": "application/pdf"}, {"id": "cjrl-9470", "words": "6785", "extension": ".pdf", "flesch": "49", "author": "Shanta Trivedi; Matthew Fraidin", "title": "A Role for Communities in Reasonable Efforts to Prevent Removal", "date": "2022", "keywords": "care; child; children; communities; community; efforts; families; family; haddon; health; prevention; removal; services; state; welfare", "summary": "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\u2014like child removals\u2014because 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\u2019 Wealth and Social Cohesion IV.", "mime": "application/pdf"}, {"id": "cjrl-9921", "words": "11170", "extension": ".pdf", "flesch": "60", "author": "Rise Staff", "title": "Centering Parent Leadership in the Movement to Abolish Family Policing", "date": "2022", "keywords": "abolition; community; family; justice; leadership; movement; note; parents; people; policing; power; rise; staff; supra; system; work", "summary": "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\u2019s history and policies, strengthen their writing, public speaking, and advocacy skills, and mobilize their communities for justice. Investing in impacted parents\u2019 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.", "mime": "application/pdf"}, {"id": "cjrl-9922", "words": "15617", "extension": ".pdf", "flesch": "46", "author": "Garcia, Caitlyn ; Godsoe, Cynthia", "title": "Divest, Invest, & Mutual Aid", "date": "2022", "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", "summary": "[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 \u201cmainstay in communities that have often been abandoned or marginalized by government institutions\u201d).", "mime": "application/pdf"}, {"id": "cjrl-9923", "words": "10755", "extension": ".pdf", "flesch": "57", "author": "Carter, Melissa; Church, Christopher; Sankaran, Vivek", "title": "A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care and Nearly Went Unnoticed", "date": "2022", "keywords": "care; child; children; court; custody; family; foster; gray; hearing; judge; judge gray; juvenile; orleans; orleans parish; parish; removal; role", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-9924", "words": "10606", "extension": ".pdf", "flesch": "55", "author": "Lorr, Sarah; Frunel, L.", "title": "Lived Experience and Disability Justice in the Family Regulation System", "date": "2022", "keywords": "acs; case; children; disabilities; disability; experience; family; frunel; justice; parents; regulation; rights; services; state; system", "summary": "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\u2019s needs in the creation of social supports. I have talked with other parents who became suicidal and depressed, and who wanted to fight.", "mime": "application/pdf"}, {"id": "cjrl-9925", "words": "19711", "extension": ".pdf", "flesch": "47", "author": "Stewart, Kele ", "title": "Re-envisioning Child Well-being: Dismantling the Inequitable Intersections Among Child Welfare, Juvenile Justice, and Education", "date": "2022", "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", "summary": "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\u2014which taken together destroys relationships, opportunities for healthy development, and educational access.", "mime": "application/pdf"}, {"id": "cjrl-9929", "words": "8873", "extension": ".pdf", "flesch": "47", "author": "Hopkins, Marc\u00eda ; Finck, Kara; Andino, Alexis; Christopher, British; Price, Duane; Simpson, Anthony; Watson, Ishale", "title": "Youth and Families Matter: Reconstructing the System One Youth at a Time from the Expertise of Youth Advocates", "date": "2022", "keywords": "advocacy; advocates; care; child; child welfare; experience; families; family; foster; juvenile; law; system; welfare; welfare system; youth", "summary": "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.", "mime": "application/pdf"}, {"id": "cjrl-9930", "words": "11646", "extension": ".pdf", "flesch": "50", "author": "Weber, Kristen; Bettencourt, Bill", "title": "Different Year, Different Jurisdiction, but the Same Findings: Reforming Isn't Enough", "date": "2022", "keywords": "app; case; child; child welfare; children; communities; efforts; families; family; institutional; parents; services; system; welfare; welfare system; workers; youth", "summary": "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 \u201cchild welfare system,\u201d as that was the term used in the course of the Institutional Analyses we conducted.", "mime": "application/pdf"}, {"id": "cjrl-9932", "words": "7811", "extension": ".pdf", "flesch": "51", "author": "Lee, Tina", "title": "Foreword: Response to the Symposium", "date": "2022", "keywords": "child; child welfare; children; colum; families; family; j. race; note; parents; race; supra; system; welfare", "summary": "My research looked at the history of child welfare in New York City and how it emerged as a way to police \u201cdangerous\u201d 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 \u201ccompliance\u201d 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.", "mime": "application/pdf"}, {"id": "cjrl-9944", "words": "9860", "extension": ".pdf", "flesch": "49", "author": "Webb, Melody", "title": "Building a Guaranteed Income to End the \"Child Welfare\" System", "date": "2022", "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", "summary": "This figure excludes the large number of children believed to occupy the \u201chidden\u201d or \u201cshadow\u201d 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.", "mime": "application/pdf"}, {"id": "cjrl-9945", "words": "11347", "extension": ".pdf", "flesch": "49", "author": "Wald, Michael", "title": "Replacing CPS: Issues in Building an Alternative System", "date": "2022", "keywords": "abuse; child; child welfare; children; community; cps; families; family; health; maltreatment; neglect; note; parenting; parents; programs; services; state; supra; system; welfare", "summary": "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\u2019s Not \u201cJust Poverty\u201d: 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.", "mime": "application/pdf"}, {"id": "cjrl-9946", "words": "21390", "extension": ".pdf", "flesch": "45", "author": "Laroche, Carla", "title": "The New Jim and Jane Crow Intersect: Challenges to Defending the Parental Rights of Mothers During Incarceration", "date": "2022", "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", "summary": "In one study, researchers reported that \u201cchildren of incarcerated mothers had much higher rates of incarceration \u2014 and even earlier and more frequent arrests \u2014 than children of incarcerated fathers.\u201d). 2 I use \u201cfamily regulation system\u201d 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.", "mime": "application/pdf"}, {"id": "cjrl-9947", "words": "26717", "extension": ".pdf", "flesch": "49", "author": "Albert, Ashley; Mulzer, Amy", "title": "Adoption Cannot Be Reformed", "date": "2022", "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", "summary": "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 \u201cunderground market for adopted children\u201d)); Megan Twohey, In a Shadowy Network, a Pedophile Takes Home a \u201cFun Boy,\u201d 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).", "mime": "application/pdf"}]