In the last decade, the United States has seen a wave of efforts to greatly reduce or eliminate the use of solitary confinement. In the light of growing international recognition that such treatment amounts to torture, these efforts are certainly encouraging and have contributed to a reduction of the number of people held in long-term isolation. But it is worthwhile to examine the extent of these reforms and what solitary confinement now looks like in states that have implemented such changes. A robust literature exists on the harms of solitary confinement and ideas for reforming or eliminating its use. This paper adds to the literature by evaluating the success of such efforts, several years into this wave, now that there is more data available. It examines two states that have presented themselves as success stories, Massachusetts and Colorado, where the correctional agencies purport to have eliminated long-term solitary confinement. Although its use has been greatly reduced, it persists for some number of incarcerated people—prompting the question of why these agencies are not more forthright about their progress. This paper uses these two states to illustrate larger trends and concludes by suggesting ways that advocates can ensure that their efforts are maximally successful as the trend of eliminating solitary confinement hopefully continues. It contributes to the scholarship evaluating how our democracy’s branches—judicial, executive, and legislative—can provide meaningful restraints on correctional agencies’ actions in order to protect the people in their custody.

This article examines the persistent colonial relationship between the United States and Puerto Rico, highlighting the paradox of a nation that champions democracy while maintaining colonial rule over millions of disenfranchised citizens. Over 120 years of exploitation, neglect, and subordination have shaped Puerto Rico’s status as the largest U.S. territory, where residents live in stark inequality compared to those on the mainland. Despite the veneer of sovereignty created by the U.S. through legal frameworks, Puerto Rico exemplifies a sophisticated and undemocratic form of modern colonialism, recently termed “new legal colonialism.” This approach uses legal structures to maintain economic and strategic dominance while projecting an image of progress and autonomy. Focusing on developments in the past two decades, the article explores the escalation of economic exploitation under this framework, demonstrating how corporate revenue extraction—facilitated by the U.S. federal government—continues a colonial pattern established in the early 20th century. Through a historical, cultural, political, and legal analysis, it reveals how innovative forms of economic subjugation are perpetuating Puerto Rico’s colonial status and exacerbating its socio-economic challenges.

70 years after Brown, students of color remain underrepresented in U.S. colleges and universities and in professions like law, medicine, business, and academia, which, in turn, drives inequitable social and economic outcomes. Recent Supreme Court decisions threaten to further exacerbate this inequity by preventing schools from considering race when making admissions decisions and shaping their classes. This article contends that by placing greater emphasis on applicants’ experiences of race, admissions officers can more accurately assess merit, improve services to disadvantaged communities, and achieve the pedagogical benefits of diversity. The article situates the lived experience approach within a well-established tradition permitting the consideration of racialized experience in contexts from K-12 admissions and redistricting to criminal investigations and reparations. Although compliance with current legal interpretations is important in the near term, the lived experience approach’s greatest promise lies in advancing the true purpose of the Reconstruction Amendments—actively dismantling racial inequities and actualizing a multiracial democracy.