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Silencing the Sex Worker

Abstract This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form of violence against women. Without the...

Corporate Law as Decolonization

Abstract After centuries of colonial subordination, Black and Brown former colonies are still fighting to achieve the fruits of decolonization. The traditional theory is that former colonies will emerge from the colonial period with the legal mandate and international recognition needed to chart their own futures. But, for those Black and Brown British colonies that achieved political...

Art After Warhol

Abstract Copyright law generally prohibits copying. Contemporary art has increasingly come to rely on copying. Thus, the two are on a collision course—or so the traditional argument goes. This purported clash between the law and creative practice seemed to reach its apex in the Supreme Court’s recently decided Warhol v. Goldsmith, which refused to find that Warhol’s famous brand of unlicensed...

First Amendment Protections for Detained Organizers

Abstract Immigration detention is one of the most active sites of struggle for justice in the United States, and the First Amendment may be an underutilized tool in the movement to abolish immigration detention. When people detained by ICE organize against the unjust conditions they endure, they routinely experience repression and retaliation for their speech. While some of ICE’s retaliation...

The Path to Municipal Liability for Racially Discriminatory Policing

ABSTRACT Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic claims and there are barriers to...

Municipal Fair Housing Act Litigation and Reparations

ABSTRACT This Comment argues that a recent vein of litigation involving the FHA should be considered a promising type of reparations litigation, one uniquely positioned to achieve reparative ends that other types of this litigation have failed to accomplish. The FHA litigation involves more than a dozen local governments that have filed complaints against mortgage lenders. These municipal...

The Path to Municipal Liability for Racially Discriminatory Policing

ABSTRACT Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic claims and there are barriers...

Race, Racism, and Police Use of Force in 21st Century Criminology: An Empirical Examination

ABSTRACT Race scholars have voiced concerns about the field of criminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field’s overly positivist approach that privileges “white logics” that obscure the nuance of race relations to methodological critiques on how the field understands the significance of race in its models...

The Gender of Gideon

ABSTRACT This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of women face compulsory and highly...

Unfit to Print: Government Speech and the First Amendment

ABSTRACT Each year, the UCLA School of Law hosts the Melville B. Nimmer Memorial Lecture. Since 1986, the lecture series has served as a forum for leading scholars in the fields of copyright and First Amendment law. The UCLA Law Review has regularly published these lectures, and proudly continues that tradition by publishing an Article based on this year’s Nimmer Lecture, presented by Professor...

The Miseducation Of Carceral Reform

ABSTRACT Public education looms large in criminal law reform. As states debate what to invest in—other than criminal law enforcement—to provide safety and security to the public, public schools have emerged as a popular answer. Today, legislatures move money from prisons to public education, arguing that this reinvestment can address the root causes of mass incarceration. This Article analyzes...

Deadly Desires: The Juridical Birth of Queer Humanism Amidst Slavery’s Afterlife

ABSTRACT Black trans life has recently taken center stage in the liberal mind. The machine of diversity, equity, and inclusion has increased visibility of Black transness in a variety of arenas. We are now seen on red carpets, earn book deals, and play prominent roles in television shows and films. Yet the potential for our violation remains constitutive of our embodiments as we are coerced to...

Embedded Healthcare Policing

ABSTRACT Scholars and activists are urging a move away from policing and towards more care-based approaches to social problems and public safety. These debates contest the conventional wisdom about the role and scope of policing and call for shifting resources to systems of care, including medical, mental health, and social work. While scholars and activists in favor of reducing society’s...

The Anti-Parent Juvenile Court

ABSTRACT This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child’s family—creating financial stress, undermining a parent’s central role in rearing her child, and damaging the parent-child bond—these parent-harming features imperil a child’s healthy growth and...

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