New article: Leah A. Hill, Loving Lessons: White Supremacy, Loving v. Virginia, and Disproportionality in the Child Welfare System, 86 Fordham L. Rev. 2727 (2018). Abstract below:
Part I of this Article introduces a brief discussion of the history of antimiscegenation laws and, specifically, their prevalence in the Commonwealth of Virginia during the 1950s. Next, Part II sets forth a short commentary about the Lovings’ triumph over antimiscegenation. Part III then details the Lovings’ judicial hurdles against the state, which argued that its antimiscegenation laws were enacted, in part, to prevent child abuse and thus served legitimate state interests. Part IV argues that the remnants of the white supremacist ideology at the center of Loving appear in our modern child welfare system, which has long been plagued by disproportionate representation of black children and families. Finally, Part V builds on this discussion and contends that the prevalence of racial disproportionality in the current child welfare system is the product of front-end implicit bias, a view supported by extensive research on decision-making and behavioral conduct. It argues that current child welfare management and investigatory practices allow implicit bias to sneak in at the front end of such practices, thereby providing gateways to disproportionality.