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.
- Appendix: Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System Transcript
- Special Needs, Special Solutions: Using Title II of the ADA and Behavioral Supports To Protect Students With Disabilities From Arrests
- Post-Colonial Constitutionalism
- A Necessary Expansion of State Power: A “Pattern or Practice” of Failed Accountability
- 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
- The Emerging Legal Architecture for Social Justice
- Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection
- Title IX's Substantive Equity Mandate for Transgender Persons in American Law Schools: A Call for Disaggregated SOGI Data
- Miller in Federal District Court: What the Stories of Six Juvenile Lifers Reveal About the Need for New Federal Juvenile Sentencing Policy
- Lies, Damn Lies, and Federal Indian Law: The Ethics of Citing Racist Precedent in Contemporary Federal Indian Law
- Recommendations for Institutional and Governmental Management of Gender Information
- Misclassified Workers and Antitrust Federalism: Local Pathways to Unionization
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
This Article concludes that pattern-or-practice investigations are an ef-fective means of achieving greater police accountability. Given its potential to advance change, this investigative power must not be limited to the federal government. Empowering states to take advantage of this remedy
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
Volume 44 Issue 2
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...
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 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
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.
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.
Volume 44 Issue 4
Federal antitrust law currently constrains organizing efforts among workers misclassified as independent contractors—an increasingly large share of the low- wage workforce.
Federal Indian law jurisprudence is often nothing more than racism cloaked as law.
These resentencings are stories that ought to be examined and told . . . They force us to confront hard questions about how and why we punish.
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.