We are in the midst of a constitutional crisis over this notion of substan-tive due process, for the judiciary is being flooded with judges who take a dim or narrow view of it.
- Special Needs, Special Solutions: Using Title II of the ADA and Behavioral Supports To Protect Students With Disabilities From Arrests
- Appendix: Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System Transcript
- A Necessary Expansion of State Power: A “Pattern or Practice” of Failed Accountability
- Post-Colonial Constitutionalism
- Disabling Inequity: How the Social Model of Disability Resists Barriers to Social Security Disability Benefits
- Earned Rights
- Door-To-Door Democracy: Expanding Canvassing Rights to Promote Democratic Participation
- Booked but Can’t Read: “Functional Literacy,” National Citizenship, and The New Face of Dred Scott in the Age of Mass Incarceration
- How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution
- Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection
- The Emerging Legal Architecture for Social Justice
- Title IX's Substantive Equity Mandate for Transgender Persons in American Law Schools: A Call for Disaggregated SOGI Data
- Recommendations for Institutional and Governmental Management of Gender Information
- Miller in Federal District Court: What the Stories of Six Juvenile Lifers Reveal About the Need for New Federal Juvenile Sentencing Policy
- Misclassified Workers and Antitrust Federalism: Local Pathways to Unionization
- Lies, Damn Lies, and Federal Indian Law: The Ethics of Citing Racist Precedent in Contemporary Federal Indian Law
In Depth Reading
Volume 44 Issue 1
The moral construction of poverty is a simple idea that poverty, that people are poor because there is something wrong with them. It is a profoundly individualist explanation of poverty, meaning that it explains poverty in terms of the individual’s
The ethical rules guiding practice are contradictory, undermined by the Constitution, and inconsistent with the realities of public defense. In short, it is nearly impossible to be an ethical public defender under the rules. This is a crisis for public
By applying Title II of the ADA to arrests in schools, by amending IDEA to take proactive steps, and by requiring contractual obligations between law enforcement and school districts, practitioners will finally be able to zealously advocate for students with
Volume 44 Issue 2
Earned-rights logic has a longstanding place in American constitutionalism, and recent decades have only made it more visible. By emphasizing the similarities between existing right-holders and those seeking new protections, courts can better smoke out discriminatory laws.
In cities like Madison, reputationally progressive jewel of the state that denied Dred Scott his citizenship and citizen rights nearly two centuries ago, so too does the racialized illiteracy crisis lawfully disparage young Black men to non-citizen subjects...
The social model allows for greater inclusion of individuals with disabilities. It also places more of the onus on people in power—employers who must make accommodations, society at large, and other actors—rather than people with disabilities, who remain marginalized...
The democratic goods brought by canvassers are most needed in apartment buildings, especially in low-income housing where residents are too often politically disenfranchised while also deeply impacted by public policy.
Volume 44 Issue 3
Through the Canons’ tenets—a liberal interpretation with ambiguities resolved in favor of Indigenous groups—Native peoples will be able to achieve any one of the four realms or values articulated by Professor Sproat: cultural integrity, lands and natural resources, social welfare
Accent discrimination in jury selection harms litigants, criminal defendants, prospective jurors, and the perceived and actual fairness and legitimacy of the courts.
Broad-stroke labels such as “LGBTQI(A)” and “other” send a message that a candidate’s spe- cific identity may not be acknowledged and treated with dignity. The academy and profession are late to join the SOGI data movement and disaggregation.
Critical lawyers envision an architecture that permits cross-boundary relationships, collective action, and a more democratic utilization of law.
Volume 44 Issue 4
Federal Indian law jurisprudence is often nothing more than racism cloaked as law.
Federal antitrust law currently constrains organizing efforts among workers misclassified as independent contractors—an increasingly large share of the low- wage workforce.
By treating gender information as routine, institutions and governments signify to the public that they are justified in treating gender as routine information, implicitly inviting them to categorise individuals as male or female and to police spaces along those lines.
These resentencings are stories that ought to be examined and told . . . They force us to confront hard questions about how and why we punish.