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The Dysgenic State: Environmental Injustice and Disability-Selective Abortion Bans

Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins—to which low-income people and people of color disproportionately are exposed—are known to cause impairments in fetuses. When the fact of environmental injustice is read together with disability-selective abortion bans, we see that in one moment, the state fails to protect its citizens from toxins that impair fetal health, while in another moment, that same government compels its citizens to give birth to health-impaired fetuses. This Article identifies these two moments as the dysgenic state. Whereas the eugenic state of the early twentieth century sought to remove impairments from the population, the dysgenic state of the early twenty-first century seems committed to producing an impaired citizenry.

A Proposed Future for the Progressive Realization of Economic, Social, and Cultural Rights in California

As the country’s most populous state and the world’s fifth largest economy, California has often been characterized as a “nation-state,” historically independent in its governing priorities. Yet even as the state’s political identity coalesces in favor of recognizing greater social welfare provisions for its inhabitants, formal enactment in policy often falls short. This hesitancy persists […]

“With All the Majesty of the Law”: Systemic Racism, Punitive Sentiment, and Equal Protection

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and […]

Hate Crimes, Terrorism, and the Framing of White Supremacist Violence

Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as “terrorism.” After multiple mass shootings motivated by White supremacist ideology, commentators argued that the “hate crime” label failed to convey the political nature of the violence or assign it […]

Addressing the United States Climate Crisis and Climate Displacement: A Transition from the “Otherization” of Climate Change to a Focus on Domestic Solutions

In the United States, climate change discourse often focuses on international communities, island nations, and poor global citizens. While the focus on international communities is important, it places the impact of climate change in remote and distant locations. This Note argues that associating climate change with people outside the United States creates an “otherization” of climate change and evades the responsibility to look internally and address domestic climate impact. Addressing climate change is particularly important given that the effects of climate change in the United States often disproportionately harm poor, rural, and immigrant communities, as well as communities of color.

“Discriminalization”: Sexuality, Human Rights, and the Carceral Turn in Antidiscrimination Law

As lesbian, gay, bisexual, and transgender (LGBT) rights gain traction around the globe, many states have turned toward carceral punishment as a means of sanctioning discrimination based on sexual orientation and gender identity. The carceral turn has been scrutinized in racial justice and feminist literature, but few queer scholars have grappled with the growing use […]

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Be Not Afraid: How Ukraine Determined Its Future, United the West, and Strengthened Global Democracy

By defeating Vladimir Putin’s unprovoked invasion, Ukrainians determined that their future as a sovereign state is theirs alone to decide. In doing so, Ukraine galvanized the West to mount decisive sanctions and continuous military aid that have crippled Russia’s ability to wage wars of conquest, thereby enforcing international laws on self-determination. Ukraine’s resistance, the West’s unity, and Russia’s naked aggression have sharply elevated public support for the post-World War II order governed by international rules regarding self-determination, democracy, and human rights, and institutions like the European Union and North Atlantic Treaty Organization (NATO), which place these principles in action. These groundbreaking precedents will protect the rights of vulnerable countries far beyond Europe’s borders.

Is Roe the New Miranda?

Roe v. Wade and Miranda v. Arizona are among the most notable decisions handed down by the Supreme Court. Issued less than a decade apart, these two opinions are widely recognized as being foundational to our legal system. This year, Roe finds itself in the legal crosshairs. Two cases, Whole Woman’s Health v. Jackson and […]

Arthrex and the Politics of Patents

This article is being co-hosted by Fed Circuit Blog for an online symposium entitled “Patent Law and Institutional Choice.” The full symposium can be found here. The Supreme Court’s decision in Arthrex is the latest in a growing set of decisions regarding administrative patent law. A close look at this entire series suggests that Arthrex […]

Eyes Wide Shut: Using Accreditation Regulation to Address the “Pass-the-Harasser” Problem in Higher Education

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when […]

A Pathway to Health Care Citizenship for DACA Beneficiaries

Since 2012, beneficiaries of Deferred Action for Childhood Arrivals (DACA) have enjoyed a certain normalization, however tenuous, of their status in the United States: they can legally work, their removal proceedings are deferred, and they cease to accrue unlawful presence. Regarding subsidized health coverage, however, DACA beneficiaries remain on the outside looking in. Although other […]

The Discounted Labor of BIPOC Students & Faculty

Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, […]