Abstract Washington courts have attempted to prevent the issues created by implicit bias in jury selection by adopting an objective Batson standard. However, since its adoption, Washington courts have failed to apply this “objective standard” in...
Abstract Disability, preexisting conditions, or underlying conditions might seem like uncontroversial factors to cite when determining an individual’s cause of death. However, many death investigators have also cited these conditions in deaths...
Abstract Racial resentment, stemming from perceptions that one racial group has unfairly lost opportunities to another, has profoundly shaped decades of affirmative action law. Affirmative action programs emerged in the 1960s to counteract racial...
Abstract The psychological comfort of white Americans is essential to the sustenance of white supremacy. The relationship between white psychological comfort and the U.S. Constitution is rich, and yet it has gone almost entirely unexplored in legal...
Abstract The Fifth Amendment equal protection doctrine has never been effective at curtailing racialized harm in immigration law. While not expressly drafted to address racially differential impact, the administrative law doctrine known as arbitrary...
Abstract To every court to consider its merits, Donald Trump’s order purporting to end birthright citizenship for children born to undocumented parents violates the Fourteenth Amendment. But in Trump v. CASA, the U.S. Supreme Court vacated a...