Sidebars

Seth Davis and Katerina Linos are organizing an April 16 symposium on sharing global responsibility for refugees, in keeping with the principles enshrined in the 2018 Global Compact on Refugees. Panelists — including Davis and Linos and fellow Berkeley Law professors Saira Mohamed, Leti Volpp, and David Singh Grewal — will explore the political economy of responsibility sharing, including the role of race. Register here for the event, which is sponsored by the California Law Review and the Miller Institute for Global Challenges and the Law.  

Lizzy Brilliant ’21 argues that keeping inmates on death row — and continuing to allow juries to hand down new capital sentences — when executions aren’t being carried out violates the Eighth Amendment. Moratoriums like California’s leave prisoners in permanent limbo and confuse jurors, so stopping new capital trials and sentencing is “the only constitutionally permissible judicial solution,” Brilliant writes.

Title: Unjustified Punishment: The Eighth Amendment and Death Sentences in States that Fail to Execute

Published in: California Law Review

Abbye Atkinson recently testified before the U.S. Senate Banking Committee about credit, debt, and the widening racial and gender gap. Her testimony drew on some of her recent and upcoming research, including how Congress has encouraged debt among socioeconomically marginalized groups and how that debt burden causes wealth to flow out of disadvantaged communities. 

In a California Law Review paper, Asad Rahim asserts that Justice Lewis F. Powell Jr.’s plurality opinion in the landmark 1978 Bakke affirmative action case was motivated more by fear of the further radicalization of college students than by the goal of greater equality. Rahim contests the idea that there were “two Powells” — the pre-court conservative and the left-leaning centrist jurist — and points to similarities in his statements from both eras.

Title: Diversity to Deradicalize

Published in: California Law Review

In these fraught times, commentators often decry the nation’s “political tribalism,” with some citing American Indian Tribe governance as antithetical to democracy — a thesis that also appears within federal Indian law cases. In a recent article, Seth Davis argues Indian Tribalism is at its core compatible with democracy, largely because it leans heavily on discourse and negotiation. 

Title: Tribalism and Democracy

Published in: William & Mary Law Review

Pregnancy and childbirth are much more dangerous for American Black women than their white counterparts. Yet the Preventing Maternal Deaths Act passed by Congress in 2018 completely ignores race. Khiara M. Bridges digs into this “racial irony” in a paper that questions whether what she calls the “impoverished discourse” on the topic is creating similarly impoverished solutions.

Title: Racial Disparities in Maternal Mortality 

Published in: New York University Law Review