Abstract This Essay examines professionalism as a tool to subjugate people of color in the legal field. Professionalism is a standard with a set of beliefs about how one should operate in the workplace. While professionalism seemingly applies to everyone, it is used to widely police and regulate people of color in various ways including hair, tone, and food scents. Thus, it is not merely that...
Whiteness as Guilt: Attacking Critical Race Theory to Redeem the Racial Contract
Abstract The year of racial justice awakening following George Floyd’s 2020 murder have been accompanied by a rise in attacks on Black thought, including Critical Race Theory, led by far-right activists who are invested in maintenance of a white supremacist status quo in the United States. This Essay uses artist Kara Walker’s 2014 Sugar Sphinx to contextualize the critiques on Critical Race...
The Mandate for Critical Race Theory in This Time
Abstract A necessary conclusion from Critical Race Theory (CRT) is that Black people cannot look to the law for justice because racism is baked into the law. As a result, the movement for Black liberation cannot rely on the law for just outcomes. This result does not, however, mean that we have to abandon legal interventions altogether. Instead, for those of us who are lawyers working...
Season 6, Episode 4: Exploring Critical Race IP with Dean Deidre Keller and Kimberly Tignor
Dialectic UCLA Law Review · Season 6, Episode 4: Exploring Critical Race IP with Dean Deidre Keller and Kimberly Tignor We explore the intersections of race and intellectual property with Dean Deidre Keller and Kimberly Tignor, uncovering how such a lens can empower creators of color and reorganize distributions of wealth.
Platforms as Blackacres
ABSTRACT This Article argues that this indiscriminate treatment of all websites as blackacres violates the First Amendment. Applying cyber-trespass rules identically across the internet undermines core constitutional values by giving platforms unlimited discretion to prevent access to information that’s already within the public sphere. To avoid these unconstitutional applications of cyber...
ALI Data Privacy: Overview and Black Letter Text
ABSTRACT In this Article, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively. The Principles propose comprehensive privacy principles for legislation that are consistent with key...
The Tragedy of Democratic Constitutionalism
ABSTRACT In contemporary constitutional jurisprudence, capacious notions of individual liberty are ascendant. Under the First Amendment, due process, takings, nondelegation, and a range of interpretive doctrines, advocates are seeking greater respect for individual liberty, and greater constitutional restraints on the state—increasingly to successful effect. In the name of individual freedom...
The State’s Kuleana: Deconstructing the Permitting Process for the Thirty-Meter Telescope and Finding Restoration Through Systemic Validation of Native Hawaiian Rights
ABSTRACT To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy’s greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain’s natural and spiritual landscape unfortunately mirrors the historic pattern of...