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Volumes 50 to Present

Vol. 53, No. 2, Fall 2018


Indigenous Rights to Water & Environmental Protection
Robert T. Anderson

Beyond Bias: Cultural Capital in Anti-Discrimination Law
LaToya Baldwin Clark

Behind the Veil: Climate Migration, Regime Shift, and a New Theory of Justice
Maxine Burkett

Our National Psychosis: Guns, Terror, and Hegemonic Masculinity
Stewart Chang

Infrastructural Exclusion and the Fight for the City: Power, Democracy, and the Case of America’s Water Crisis
K. Sabeel Rahman

Farewell to the Felonry
Alice Ristroph

Exclusionary Taxation
Shayak Sarkar & Josh Rosenthal


Prison Labor as a Lawful Form of Race Discrimination
Katherine E. Leung

The Irrational Rationality of Rational Basis Review for People with Disabilities: A Call for Intermediate Scrutiny
Jayne Ponder


Vol. 53, No. 1, Winter 2018


Acting Muslim
Khaled A. Beydoun

Excavating Race-Based Disadvantage Among Class-Privileged People of Color
Khiara M. Bridges

Against Taking Rape “Seriously”: The Case Against Mandatory Referral Laws for Campus Gender Violence
Alexandra Brodsky

Justice on Our Fields: Can “Alt-Labor” Organizations Improve Migrant Farm Workers’ Conditions?
Manoj Dias-Abey

Public Lands, Conservation, and the Possibility of Justice
Sarah Krakoff


How the Obama Administration Used Retroactivity to Advance Its Sentencing Priorities
Luke C. Beasley & William D. Ferraro

A Right Without a Remedy: Sexual Abuse in Prison and the Prison Litigation Reform Act
Hannah Belitz

Vol. 52, No. 2, Summer 2017


Beyond Earned Citizenship
Muneer I. Ahmad

Different Lyrics, Same Song: Watts, Ferguson, and the Stagnating Effect of the Politics of Law and Order
Lonnie T. Brown, Jr.

Hybrid Jury Strikes
Aliza Plener Cover

The Grand Jury’s Role in the Prosecution of Unjustified Police Killings—Challenges and Solutions
Roger A. Fairfax, Jr.

Liberty and the Politics of Balance: The Undue Burden Test After Casey/Hellerstedt
Mary Ziegler


Winning the Battle but Losing the War: The Birth and Death of Intersecting Notions of Race and Sex Discrimination in White v. Crook
Caroline Chiappetti

Pregnancy Behind Bars: The Constitutional Argument for Reproductive Healthcare Access in Prison
Lauren Kuhlik

The Gendered Impact of Illegal Act Eviction Laws
Leora Smith

Vol. 52, No. 1, Winter 2017


Privatized Immigration Enforcement
Jennifer M. Chacón

Disarming State Action; Discharging State Responsibility
Zanita E. Fenton

People with Autism Spectrum Disorder in the Workplace: An Expanding Legal Frontier
Wendy F. Hensel

Offensive Searches: Toward a Two-Tier Theory of Fourth Amendment Protection
Kiel Brennan-Marquez & Andrew Tutt

Alternatives to the State Action Doctrine in the Era of Privatization, Mandatory Arbitration, and the Internet: Directing Law to Serve Human Needs
Martha Minow


A Commonsense Conclusion: Creating a Juvenile Carve Out to the Massachusetts Felony Murder Rule
Alison Burton

What about the Children? Extending Tribal Criminal Jurisdiction to Crimes Against Children
Alison Burton

The Statement of Interest as a Tool in Federal Civil Rights Enforcement
Victor Zapana

Vol. 51, No. 2, Spring 2016


Authoritarian Pretext and the Fourth Amendment
Cynthia Barmore 

Agency Nullification: Defying Bans on Gay and Lesbian Foster and Adoptive Parents 
Marie-Amélie George 

Corporate Power Ratchet:  The Courts’ Role in Eroding “We the People’s” Ability to Constrain Our Corporate Creations
Leo E. Strine


Civil Disobedience as Legal Ethics: The Cause-Lawyer and the Tension between Morality and “Lawyering Law”
Louis Fisher

Bundling “Alt-Labor”: How Policy Reform Can Facilitate Political Organization in Emerging Worker Movements
Dayne Lee

“Gender Balancing” as Sex Discrimination in College Admissions 
Shayna Medley

Vol. 51, No. 1, Winter 2016


Genetic Data and Civil Rights
Ifeoma Ajunwa

Ideological Drift and the Forgotten History of Intent
Katie R. Eyer

Discrimination in Evictions: Empirical Evidence and Legal Challenges
Deena Greenberg, Carl Gershenson, and Matthew Desmond

What Exposes African Americans to Police Violence?
Devon W. Carbado and Patrick Rock


A Fine Scheme: How Municipal Fines Become Crushing Debt in the Shadow of the New Debtors’ Prisons
Tori Atkinson

Employment for People with Disabilities: A Role for Anti-Subordination
Zoë Brennan-Krohn

Vol. 50, No. 2, Summer 2015


Institutionalizing Rights in the National Security Executive
Shirin Sinnar

Removing the Malice from Federal “Malicious Prosecution”: What Cognitive Science Can Teach Lawyers About Reform
Sofia Yakren

Two Fs for Formalism: Interpreting Section 2 of the Voting Rights Act in Light of Changing Demographics and Electoral Patterns
Dale E. Ho

Applying Section 2 to the New Vote Denial
Daniel P. Tokaji


Paying for Pushout: Regulating Landlord Buyout Offers in New York City’s Rent-Stabilized Apartments
Louis W. Fisher

Closing Pandora’s Box: Limiting the Use of 404(b) to Introduce Prior Convictions in Drug Prosecutions
Deena Greenberg