CategoryPrint

This Is Not A Drill: The War Against Antiracist Teaching in America

ABSTRACT On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and the crisis over antiracist and social...

No Runs, Few Hits, and Many Errors: Street Stops, Bias, and Proactive Policing

ABSTRACT Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient and suggest bias. An unbiased officer...

Rewriting Whren v. United States

ABSTRACT In 1996, the U.S. Supreme Court decided Whren v. United States—a unanimous opinion in which the Court effectively constitutionalized racial profiling. Despite its enduring consequences, Whren remains good law today. This Article rewrites the opinion. We do so, in part, to demonstrate how one might incorporate racial justice concerns into Fourth Amendment jurisprudence, a body of law that...

Deploying Death

ABSTRACT This Article observes that if the U.S. Supreme Court overturns Roe v. Wade, people of color—specifically black people—disproportionately will be impacted by the abortion restrictions that will proliferate in the wake of the decision. In many cases, those forced to terminate unwanted pregnancies under unsafe conditions will be black; some of these people will die. This Article asks about...

Reforms for Radicals? An Abolitionist Framework

ABSTRACT This Article draws on prison abolitionist organizing, campaigns, and intellectual work around the country to offer a framework for thinking about radical reforms rooted in an abolitionist framework. A radical reform (1) shrinks the system doing harm; (2) relies on modes of political, economic, and social organization that contradict prevailing arrangements and gesture at new...

Platforms as Blackacres

ABSTRACT This Article argues that this indiscriminate treatment of all websites as blackacres violates the First Amendment. Applying cyber-trespass rules identically across the internet undermines core constitutional values by giving platforms unlimited discretion to prevent access to information that’s already within the public sphere. To avoid these unconstitutional applications of cyber...

ALI Data Privacy: Overview and Black Letter Text

ABSTRACT In this Article, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively. The Principles propose comprehensive privacy principles for legislation that are consistent with key...

The Tragedy of Democratic Constitutionalism

ABSTRACT In contemporary constitutional jurisprudence, capacious notions of individual liberty are ascendant. Under the First Amendment, due process, takings, nondelegation, and a range of interpretive doctrines, advocates are seeking greater respect for individual liberty, and greater constitutional restraints on the state—increasingly to successful effect. In the name of individual freedom...

The State’s Kuleana: Deconstructing the Permitting Process for the Thirty-Meter Telescope and Finding Restoration Through Systemic Validation of Native Hawaiian Rights

ABSTRACT To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy’s greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain’s natural and spiritual landscape unfortunately mirrors the historic pattern of...

Senate Bill 54 (2017): California Versus the Law Enforcement Lobby

ABSTRACT Before calls to abolish Immigration Customs and Enforcement (ICE) became a progressive rallying cry throughout the United States, the California Values Act of 2017 (SB 54) promised to freeze ICE out of California. The goal behind SB 54 was to restrict state and local law enforcement entanglement with ICE in the state with the most immigrants in the country. In fact, most deportations...

Bail Reform and the (False) Racial Promise of Algorithmic Risk Assessment

ABSTRACT Pretrial risk assessment instruments (PRAIs) have captured national attention in recent years. These instruments utilize computer algorithms to aid judges in making two predictions: whether a person will return to court while on pretrial release and whether a person will pose a danger to the public while on pretrial release. This Article contends that PRAI advocates have been inattentive...

State Constitutions and Summary Judgment

ABSTRACT Is summary judgment constitutional? Scholars have passionately debated the question in recent years. But they have made an important oversight. Ironically, the issue surrounding summary judgment’s constitutionality that is the most important—whether it violates state constitutions— has received the least scholarly attention. This Article is the first to consider whether summary judgment...

The End of Deportation

ABSTRACT This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to citizenship, most noncitizens must now contend with dodging the many pathways to banishment. Despite growing threats to immigrant survival, most pro...

“Settling” Brown’s Promise: Seeking More Equal Access to Quality Education Through Settlement

Abstract Education is universally acknowledged as fundamentally important. Yet, education advocates have long struggled to bring about effective school reform through both legislative and judicial avenues for a myriad of reasons including budgetary constraints, a lack of consensus regarding what reforms are most effective, and racist perceptions of reform. In recent years, school reform...