AuthorTitleCitationSummaryYear
Radarius Morrow FROM PRISON TO POLLS: AMERICA'S DISENFRANCHISEMENT OF THE BLACK VOTE THROUGH JUVENILE INCARCERATION 7 Howard Human & Civil Rights Law Review 93 (2022-2023) C1-3Table of Contents L1-2Introduction . L394 I. Revising the Social Contract. 96 II. Felony Disenfranchisement. 97 A. Origins of Disenfranchisement. 98 B. U.S. Evolution of Disenfranchisement: Targeting the Black Vote. 98 III. Kids in Court: The Juvenile Justice System. 101 A. Juvenile and Criminal Court Transfer System. 102 B. Transfer Laws: The... 2023
Myisha S. Eatmon FROM THE "LEGAL CULTURE OF SLAVERY" TO BLACK LEGAL CULTURE: REIMAGINING THE IMPLICATIONS AND MEANINGS OF BLACK LITIGIOUSNESS IN SLAVERY AND FREEDOM 48 Law and Social Inquiry 1428 (November, 2023) De la Fuente, Alejandro, and Ariela J. Gross. Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana. New York: Cambridge University Press, 2020. Pp. xiv + 282. Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South. Chapel Hill: University of... 2023
Barbara Sicalides, (https://businesslawtoday.org/author/barbaratsicalides/), Troutman, Pepper, Hamilton, Sanders, LLP FTC SETTLES CHALLENGE TO ACQUISITION OF BLACK KNIGHT BY INTERCONTINENTAL EXCHANGE 2023-SEP Business Law Today 22 (September, 2023) Chair of the Federal Trade Commission (FTC) Lina Khan has made plain (https://www.axios.com/2022/06/09/ftcs-new-stance-litigate-dont-negotiate-lina-khan) that [the agency is] going to be focusing [its] resources on litigating, rather than on settling. This summer, however, the FTC has negotiated and agreed to settlements in two separate merger... 2023
David A. Grenardo GETTING TO THE ROOT OF THE PROBLEM: WHERE ARE ALL THE BLACK OWNERS IN SPORTS? 91 UMKC Law Review 727 (Summer, 2023) As my sufferings mounted I soon realized that there were two ways in which I could respond to my situation--either to react with bitterness or seek to transform the suffering into a creative force. I decided to follow the latter course.--Dr. Martin Luther King, Jr. Many decry the lack of Black and other minority head coaches and team executives... 2023
Jon May GOD'S PONZI, BY ROBERT BUSCHEL, BLACK ROSE WRITING (2022) 47-JUN Champion 48 (June, 2023) Legal thrillers often follow the same formula. The protagonist/lawyer is down on his luck. The protagonist may have multiple failed marriages, or be an alcoholic, or a recovering drug addict. The lawyer may have been kicked out of Big Law because of totally unfounded allegations that he bribed a witness, or he may be broke and have to work out of... 2023
Alexis Boyd HAIR ME OUT: WHY DISCRIMINATION AGAINST BLACK HAIR IS RACE DISCRIMINATION UNDER TITLE VII 31 American University Journal of Gender, Social Policy and the Law 75 (2023) I. Introduction. 77 II. Background. 80 A. Discrimination Against Black Hair in Context. 80 B. Is Hair Discrimination Race Discrimination?. 82 1. Federal Protection: Under Title VII, Employers Cannot Discriminate Against a Person Because of Their Race. 82 2. Federal Court Precedent: Traditionally, Race-Based Hair Discrimination is Not Recognized as... 2023
Ainslee Johnson-Brown HALF AMERICAN, HALF AMAZING: A REVIEW OF HALF AMERICAN BY MATTHEW F. DELMONT AND AN EXPLORATION OF EXECUTIVE ACTION DURING WORLD WAR II AND ITS IMPACT ON BLACK SOLDIERS 14 ConLawNOW 25 (2023) Matthew F. Delmont's new book, Half American: The Epic Story of African Americans Fighting World War II at Home and Abroad (2022), enriches the ongoing scholarship related to critical race theory and the effects of executive action on the lived experience of Black Americans. Delmont presents a well-woven narrative of the experience of Black... 2023
Alichia McIntosh HEALTHCARE INEQUITIES IN THE UNITED STATES AND BEYOND ARE TAKING BLACK WOMEN'S LIVES 18 Northwestern Journal of Law & Social Policy 102 (Spring, 2023) Black women have been dying at devastating rates due to health complications at the hands of the United States' healthcare and legal systems. This Note explores these distressing rates and how they compare to White women while analyzing the fatalities and diagnoses among several health complications and diseases. These fatalities persist due to the... 2023
D. Brock Hornby, Emma Akrawi HISTORY LESSONS 26 Green Bag 101 (Winter, 2023) In 1837, Lambert Bercier of French Guadeloupe engaged Captain Sylvanus Prince of North Yarmouth, Maine, to transport Bercier's 30-year-old slave Polydore and Bercier's 17-year-old son Eugene to Maine on board the brig Galen. The outcome was Polydore v. Prince, an 1837 federal decision often ignored and sometimes mischaracterized, holding an... 2023
Amanda Covington HOW DOES IT FEEL TO BE A PROBLEM?: THE LEGAL RAMIFICATIONS OF MIGRANT PROTECTION PROTOCOLS AND THE IMPLICATIONS OF BIDEN v. TEXAS 45 North Carolina Central Law Review 243 (2022-2023) The placement and displacement of undocumented persons in the United States is often posed as a dreadful problem that lingers with little hope of a viable solution. This issue over the years has been eloquently poised as a hot-button topic for political debates, the power move to gain attention from the current administration, or a matter better... 2023
Jonathan G. Blattmachr HOW WEALTH TRANSFER TAXES MIGHT REDUCE RACIAL WEALTH DISPARITY IN AMERICA 20 Pittsburgh Tax Review 297 (Spring, 2023) This Article will discuss what seems to be the impact of estate, gift and generation-skipping taxes (collectively and commonly referred to as wealth transfer taxes) imposed by the United States (Federal) on the disparity of wealth in America. It describes, in general terms, how those taxes work. It also describes, again in general terms, the... 2023
Jeffrey S. Adler 'I LAID EARL AND CLEMENTINE ON A CHAIR AND WHIPPED THEM': CHILD MURDER AND CRIMINAL JUSTICE IN THE JIM CROW SOUTH 63 American Journal of Legal History 19 (March, 2023) This article explores a horrific 1945 child murder in New Orleans and argues that the case revealed broader developments in Southern criminal justice in the age of Jim Crow. Ernestine Bonneval tied her young children to an ironing board and lashed them, killing her 7-year-old daughter. The murder generated outrage, with residents demanding severe... 2023
Nina Farnia IMPERIALISM AND BLACK DISSENT 75 Stanford Law Review 397 (February, 2023) Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... 2023
Wallace B. Jefferson INHERITANCE OF HOPE 107 Judicature 28 (2023) This article is based on a speech given to the University of Texas Thurgood Marshall Legal Society on April 9, 2021. Thirty-three years after Martin Luther King's I Have a Dream speech at the Lincoln Memorial, I visited Washington, D.C., for the first time. It was Tuesday, Nov. 5, 1996--a presidential Election Day. That morning, I argued my first... 2023
Carlton Fearon INNOVATIVE CONTRACT DRAFTING TO PROTECT BLACK ARTISTS 13 Arizona State Sports & Entertainment Law Journal 131 (Fall, 2023) C1-2Content Abstract. 132 Introduction. 132 I. History of the Entertainment Industry Taking Advantage of Black Artists. 136 A. Exploitation: Slavery Through the 1980s. 136 B. Exploitation: 1990s to Present. 139 II. Types of Problems that Remain In Black Artists' Contracts. 144 A. Inequitable Royalties. 144 B. BMG Study Displaying Royalty... 2023
Victor C. Romero INTERRACIAL COALITION BUILDING: A FILIPINO LAWYER IN A BLACK-WHITE COMMUNITY 127 Dickinson Law Review 767 (Spring, 2023) The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America's self-definition as a nation of immigrants. Heeding Eric Yamamoto's four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the... 2023
Benita Miller KEEPING THE FAITH: FORTIFYING TITLE IX PROTECTIONS POST-ROE FOR BLACK GIRLS 56 Creighton Law Review 359 (June, 2023) My spirit is too ancient to understand the separation of soul & gender. Pregnant and parenting teens have a right to stay in school to complete their education. Embedded in the federal Title IX Education Amendments is the guarantee that discrimination based on pregnant and parenting status is prohibited if a school is receiving public funds. Title... 2023
Mia Bonardi LEARNING FROM GUANTÁNAMO: AVOIDING LEGAL BLACK HOLES IN OUTER SPACE 6 Cardozo International & Comparative Law Review 747 (Spring, 2023) True peace is not merely the absence of war, it is the presence of justice. - Jane Addams Legal black holes are spaces beyond the reach of enforceable law and thus inflict people within their pull with rightlessness. The term legal black hole arose originally around the Guantánamo Bay detention center, but it has since been used in other... 2023
Mohit Chhabra LEARNING TO SEE THROUGH THE BLACK BOX: DEVELOP X-RAY VISION THROUGH ALGORITHMIC INTUITION 53 Environmental Law Reporter (ELI) 10659 (August, 2023) Environmental, natural resource, and energy planning will continue to rely on increasingly complex algorithms. Are these processes then also doomed to be inaccessible to key stakeholders? Hopefully not. There are multiple steps to ensuring process and participatory equity. There is ease of access to the process, access to necessary information, and... 2023
Kindaka Sanders LET MY PEOPLE GO, PART ONE: BLACK REBELLION AND THE SECOND AMENDMENT POLITICAL NECESSITY DEFENSE 31 William & Mary Bill of Rights Journal 765 (March, 2023) This Article argues that when an individual or group acts to protect a government-assailed constitutional right by criminal means, the doctrine of political necessity may serve as a constitutionally protected defense. The doctrine of political necessity builds on the common law doctrine of necessity. The necessity doctrine, also referred to as the... 2023
Jessica M. Williams LOOKING A CERTAIN WAY: HOW DEFUNCT SUBJECTIVE STANDARDS OF MEDIA REGULATION CONTINUE TO AFFECT BLACK WOMEN 111 California Law Review 247 (February, 2023) Regulatory enforcement is only as good as the standards to be enforced. I argue here that subjective standards formerly in place at the Motion Picture Producers and Distributors of America (MPPDA) and the United States Patent & Trademark Office (PTO) were imbued with the White-centric beliefs of its designers and enforcers. Drawing on critical race... 2023
Erica Witter MAKING AMENDS: LOCALIZING AND IMPLEMENTING HOUSING REPARATION PROGRAMS FOR AFRICAN AMERICANS AFFECTED BY DISCRIMINATORY HOUSING POLICIES 15 Drexel Law Review 509 (2023) In Philadelphia, there is a significant gap in African American home ownership that has contributed to many of the problems that African American residents face today. Decreased industrialization, high poverty rates, crime, and loss in property values are direct consequences of housing discrimination by state and private actors. This Note... 2023
Christian Bush MODERN SCOFFLAWS: AN EXAMINATION OF ALCOHOL RESALE LAW AND THE BOURBON BLACK MARKET 18 Journal of Law, Economics & Policy 1 (Spring, 2023) Too much of anything is bad, but too much good whiskey is barely enough Mark Twain In 1923, Delcevare King, a vigorous supporter of the then three-year-old Noble Experiment known as Prohibition, advertised a contest in the Boston Daily Globe. King offered to pay 200 dollars in gold for a new epithet to stab awake the conscience of the drinker... 2023
Brooklynn K. Hitchens , Jeaneé C. Miller , Yasser Arafat Payne , Ivan Y. Sun , Isabella Castillo MORE THAN RACE? INTRAGROUP DIFFERENCES BY GENDER AND AGE IN PERCEPTIONS OF POLICE AMONG STREET-IDENTIFIED BLACK MEN AND WOMEN 47 Law and Human Behavior 634 (December, 2023) Objective: Whereas studies have documented racial differences in attitudes toward police between White and Black Americans, relatively little is known about the intragroup, gender-based variations among urban Black residents involved in criminal activity (i.e., street-identified men and women). Hypotheses: We hypothesized Black women would be more... 2023
Jacqueline Nafstad NEW JIM CROW OF THE NORTH: CFOS, NUISANCE, AND NEOSEGREGATION 44 Mitchell Hamline Law Journal of Public Policy and Practice 142 (Spring, 2023) I. Introduction. 143 II. History of Crime-Free Housing Ordinances. 146 III. Crime-Free Housing Ordinances as Neosegregation. 148 A. Robbinsdale's CFO and Mandatory Evictions. 148 B. CFOs Perfect Slavery. 150 C. The White Right to Exclude and the Inevitability of Black Exclusion. 151 D. Neosegregation--Two Robbinsdales. 152 IV. Nuisance... 2023
Jennifer C. Nash ON MARCHING KARENS AND METAPHORICAL BLACK WOMEN 34 Yale Journal of Law & Feminism 40 (2023) In 2021, the New York Times published March of the Karens, an article that described a figure who symbolizes all that is wrong with contemporary feminism: Karen. Ligaya Mishan describes Karen as an interfering, hectoring white woman, the self-appointed hall monitor unloosed on the world, so assured of her status in society that she doesn't... 2023
Sakshi Sharma PAINT IT BLACK: COPYRIGHT CONCERNS AROUND TATTOOS' PORTRAYAL IN MEDIA 2023 Berkeley Journal of Entertainment & Sports Law 1 (2023) Art can come in many forms and styles, from acrylics on canvas to watercolor paints on paper. Tattoos are no different, with the human body serving as the vessel for self-expression inherent in this medium of illustration. Thus, it comes as no surprise that a lot of public figures across fields--be it sports or entertainment--have tattoos to better... 2023
Candice Youngblood , Alicia Arrington , Savonala “Savi” Horne , Kimberly Leefatt , Moderators, Speakers PANEL 4: BLACK WOMEN TALK: JUST TRANSITION SYMPOSIUM 49 Ecology Law Quarterly 905 (2023) Alicia Arrington: Happy Friday, everyone. Thank you all for being here. This is a bonus panel from the Ecology Law Quarterly's symposium for this year. We have the pleasure today of speaking with two wonderful Black women about just transition and what it looks like for communities of color. I am Alicia Arrington, I'm the environmental justice... 2023
I. Bennett Capers POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT 136 Harvard Law Review 2044 (June, 2023) Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... 2023
Ilse Turner PRAYING FOR A HEALTHY BIRTH, BLACK MOTHERS FIGHTING RACISM EVEN IN THE DELIVERY ROOM 19 Journal of Health & Biomedical Law 175 (2023) Having a baby is one of the most anxiety-inducing experiences in a woman's life. The days leading up to birth are often filled with thoughts such as: will my baby be healthy? Will the doctor be on time? What if I need to have an emergency c-section? Black women, however, face an additional worrying question, will I receive adequate medical care? On... 2023
  PROPERTY--REPARATIONS VIA REMEDIAL INTERVENTIONS-- SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS DESCENDANT LACKS PROPERTY RIGHTS IN IMAGES OF ENSLAVED ANCESTORS.--LANIER v. PRESIDENT & FELLOWS OF HARVARD COLLEGE, 191 N.E.3D 1063 (MASS. 2022) (IMAGES OF E 136 Harvard Law Review 2192 (June, 2023) Lawsuits seeking compensation for injuries stemming from the institution of American chattel slavery face an uphill battle. From the absence of congressionally authorized remedies to procedural bars on common law claims, prospective plaintiffs must confront a system ill-suited to provide redress for the legacy of slavery. Recently, in Lanier v.... 2023
Penelope Andrews REFLECTIONS ON SOUTH AFRICA'S FIRST BLACK CHIEF JUSTICE, ISMAIL MAHOMED 57 Law and Society Review 444 (December, 2023) The law was in effect Mahomed's life. His visible and strong sense of justice and morality were his touchstone. He regarded the attainment of justice as being the ultimate rationale for all law. This sustained him throughout his illustrious career as an advocate and judge. (Rose-Innes, 2000) LSA Presidential Address 2021 (virtual meeting) Good... 2023
Phyllis C. Taite REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY 10 Belmont Law Review 301 (Spring, 2023) Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... 2023
Kathryn Fitzgerald REMNANTS OF CASTE: BLACK FARMERS, WHITE FARMERS, CONGRESS, AND THE USDA 23 University of Maryland Law Journal of Race, Religion, Gender and Class 81 (Spring, 2023) Remnants of caste persist .. The challenge ahead is to demonstrate . why such subordination and the institutions that give rise to it are incompatible with the equality the Constitution promises. For decades, Black farmers faced discriminatory practices at the hands of the United States Department of Agriculture (USDA). Recently, however, a group... 2023
Cecilia Landor RIGHT TO INFORMED CONSENT, RIGHT TO A DOULA: AN EVIDENCE-BASED SOLUTION TO THE BLACK MATERNAL MORTALITY CRISIS IN THE UNITED STATES 30 Michigan Journal of Gender & Law 61 (2023) This Note seeks to build on existing research about how to improve childbirth in the United States for women, particularly for Black women, given the United States' extremely high maternal mortality rate. Through examining the history and characteristics of American and Western childbirth, it seeks to explore how the current birth framework... 2023
Naomi Murakawa SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS 69 UCLA Law Review 1430 (September, 2023) Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... 2023
Halley Townsend SECOND MIDDLE PASSAGE: HOW ANTI-ABORTION LAWS PERPETUATE STRUCTURES OF SLAVERY AND THE CASE FOR REPRODUCTIVE JUSTICE 25 University of Pennsylvania Journal of Constitutional Law 187 (March, 2023) To celebrate freedom and democracy while forgetting America's origins in a slavery economy is patriotism à la carte. In the 1850s, a slave woman named Celia was raped by her owner and forced to bear his children. The same situation is playing out in present-day abortion prohibition states thanks to the Supreme Court's decision in Dobbs v. Jackson... 2023
Samuel Vincent Jones SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? 56 UIC Law Review 627 (Winter 2023) It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... 2023
Paul Butler SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM 121 Michigan Law Review 1071 (April, 2023) Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell. New York: Astra House. 2021. Pp. 288. Cloth, $28. Paper, $18. Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson. New York: New York University Press. 2022. Pp. 312. $45. Black women are guiding... 2023
Adjoa A. Aiyetoro SOCIAL CONSTRUCTION OF RACE UNDERGIRDS RACISM BY PROVIDING UNDUE ADVANTAGES TO WHITE PEOPLE, DISADVANTAGING BLACK PEOPLE AND OTHER PEOPLE OF COLOR, AND VIOLATING THE HUMAN RIGHTS OF ALL PEOPLE OF COLOR 94 University of Colorado Law Review 415 (Spring, 2023) INTRODUCTION. 416 I. The Social Construction of Race and White Supremacy. 419 II. The Lethal Nature of the Construction of the Racial Hierarchy and White Supremacy. 426 A. Slavery. 426 B. Post Slavery Violence and Terrorism: The Tulsa Race Massacre. 428 C. Ending the Human and Structural Internalization of the Lie of a Racial Hierarchy and White... 2023
Brendan Max SOUNDTHINKING'S BLACK-BOX GUNSHOT DETECTION METHOD: UNTESTED AND UNVETTED TECH FLOURISHES IN THE CRIMINAL JUSTICE SYSTEM 26 Stanford Technology Law Review (2023) (Spring, 2023) SoundThinking has successfully marketed their ShotSpotter forensic gunshot detection method to police departments and prosecutors as a reliable method for detecting and locating gunfire incidents in urban environments and generating admissible evidence for use in criminal prosecutions. The ShotSpotter method involves networks of microphones... 2023
Terri L. Snyder, California State University, Fullerton, CA, USA, snyder@fullerton.edu, https://doi.org/10.1093/ajlh/njad012, Advance Access Publication Date: 8 August 2023 TAMIKA Y. NUNLEY, THE DEMANDS OF JUSTICE: ENSLAVED WOMEN, CAPITAL CRIME, AND CLEMENCY IN EARLY VIRGINIA (CHAPEL HILL: UNIVERSITY OF NORTH CAROLINA PRESS 2023), PP 243, $27.95 (PAPERBACK). ISBN 978-1-4696-7312-7 63 American Journal of Legal History 55 (March, 2023) Tamika Y Nunley's The Demands of Justice is an innovative and important new study of enslaved women and girls who were charged with capital crimes in pre-Civil War, nineteenth-century Virginia. Readers might assume that the title's demands of justice refers to the accusations, trials, and punishments faced by these women. However, Nunley pushes... 2023
Jamila Jefferson-Jones THE ANTI-WOKE AND THE BLACK AMERICAN (WAKING) DREAM 17 Florida A & M University Law Review xv (Spring, 2023) This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the The American Dream Belongs to All of Us Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author... 2023
Jacob Snuffer THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF 2022: BENEFITS TO MINERS & THE ATTORNEYS WHO SERVE THEM 22 Appalachian Journal of Law 1 (2023) Keywords: Black lung, coal, miner, mining, lung Coal Workers' Pneumoconiosis, commonly known as black lung, is an occupational lung disease caused by prolonged inhalation of coal dust and other particles. The severity of black lung symptoms varies, including coughing, phlegm, progressive respiratory failure, and heart complications. In the worst... 2023
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023
Dania V. Francis , Grieve Chelwa , Darrick Hamilton , Thomas W. Mitchell , Nathan A. Rosenberg , Bryce Wilson Stucki THE CONTEMPORARY RELEVANCE OF HISTORIC BLACK LAND LOSS 48 Human Rights 4 (2023) Luke McElroy, a Black farmer who owned 155 acres of land in Cherokee County, Alabama, was shot to death in 1949 by a neighboring white farmer over a property dispute. In Amite County, Mississippi, Reverend Isaac Simmons, also a Black farmer, was lynched by six white men in 1944 when he refused to give up his farmland to the men, who thought it... 2023
Omavi Shukur THE CRIMINALIZATION OF BLACK RESISTANCE TO CAPTURE AND POLICING 103 Boston University Law Review 1 (February, 2023) The antiblack dimensions of antiresisting laws, that is, criminal proscriptions against physically resisting law enforcement, harden white social dominance and deepen black racial subordination. This Article contributes to the field by identifying and examining the relationship between black resistance to racial subordination and the development of... 2023
Daniel LaChance THE DEATH PENALTY IN BLACK AND WHITE: EXECUTION COVERAGE IN TWO SOUTHERN NEWSPAPERS, 1877-1936 48 Law and Social Inquiry 999 (August, 2023) In the immediate aftermath of Reconstruction, coverage of executions in the Atlanta Constitution and the New Orleans (Times-)Picayune occasionally portrayed African Americans executed by the state as legally, politically, and spiritually similar to their white counterparts. But as radical white supremacy took hold across the South, the coverage... 2023
Varun Bhatnagar THE EVIDENTIARY IMPLICATIONS OF INTERPRETING BLACK-BOX ALGORITHMS 20 Northwestern Journal of Technology & Intellectual Property 433 (April, 2023) Biased black-box algorithms have drawn increasing levels of scrutiny from the public. This is especially true for those black-box algorithms with the potential to negatively affect protected or vulnerable populations. One type of these black-box algorithms, a neural network, is both opaque and capable of high accuracy. However, neural networks do... 2023
Yolla S. Kairouz THE GREY RHINO, BLACK SWAN, AND ELEPHANT IN THE ROOM: A CASE FOR THE USE OF METAPHORS IN RISK MANAGEMENT LEADERSHIP 44 University of La Verne Law Review 23 (Fall, 2023) We walk together along the grassy plains of the savannah. A distant locale remote, untouched in its natural, pristine splendor. The heavens above color the bright azure sky, and the glorious equatorial sun streaks lines of gold, tangerine orange, brick red, and vibrant purple stripes as it quietly begins to set in the West. We creep along the... 2023
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