AuthorTitleCitationSummaryYear
Kenneth P. Nolan Hugo Black and the Murder of Father James E. Coyle 44 No. 3 Litigation 62 (Spring, 2018) In the early evening on August 11, 1921, Edwin Stephenson, a Methodist minister, walked to the porch of the rectory of St. Paul's Cathedral in Birmingham, Alabama, and shot Father James E. Coyle three times, killing him. He then turned himself in to the sheriff. Stephenson's reason for the shooting was simple: Earlier that day at St. Paul's, Coyle... 2018
A. Kayum Ahmed, Columbia University Human Rights and the Non-human Black Body 3 Columbia Human Rights Law Review Online Online 1 (2018) On March 9, 2015, a black student threw feces against a statue of British imperialist Cecil John Rhodes, located at the University of Cape Town in South Africa. The incident sparked the formation of #RhodesMustFall, a black radical student movement that sought to address institutional racism at the university through its demand to decolonize the... 2018
Edward J. Littlejohn I. American Law, Slaves, and Freedmen 18 Journal of Law in Society 1 (Spring, 2018) Laws empower governments. They control behavior, shape attitudes and codify important societal values. As predominant means for promoting change or preserving the status quo, laws also reflect a people's fundamental ideals, including their racial beliefs. Throughout most of American history, dominant beliefs in the inherent inferiority of blacks... 2018
Edward J. Littlejohn Ii. Slaves, Laws, and Courts in Early Detroit and Michigan 18 Journal of Law in Society 18 (Spring, 2018) In early Michigan, Africans and Native Americans were enslaved in the Detroit settlement, which at the time spanned both sides of the Detroit River. On a smaller scale, slavery also was practiced in the northern fur trading posts at Michilimackinac. Black slavery existed during three distinct periods of governance in Michigan's history: the French,... 2018
Edward J. Littlejohn Iii. From Statehood to Reconstruction: No Longer Slaves, Not Yet Citizens 18 Journal of Law in Society 39 (Spring, 2018) The end of slavery in Michigan was made official with statehood. Michigan's first constitution, adopted in 1835, provided that: Neither slavery nor involuntary servitude shall ever be introduced into this state, except for the punishment of crimes of which the party shall have been duly convicted. Although slavery was proscribed, its underlying... 2018
Andrew Guthrie Ferguson Illuminating Black Data Policing 15 Ohio State Journal of Criminal Law 503 (Spring, 2018) The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. Police departments across the United States--like the civilian population--will learn to adapt to ever-shifting technological innovations and efficiencies. The question of adoption is not... 2018
Miriam S. Gohara In Defense of the Injured: How Trauma-informed Criminal Defense Can Reform Sentencing 45 American Journal of Criminal Law 1 (Spring, 2018) I. Introduction. 2 II. Why Trauma Matters. 11 III. Limits on Consideration of Trauma in Noncapital Sentencing. 25 IV. Defense Lawyers' Obligation of Trauma-Informed Sentencing Advocacy. 32 V. What Trauma-Informed Sentencing Representation Should Look Like. 36 VI. Supreme Court Precedent Concerning Childhood Adversity's Relevance to Sentencing. 39... 2018
Daniel Hatoum Injustice in Black and White: Eliminating Prosecutors' Peremptory Strikes in Interracial Death Penalty Cases 84 Brooklyn Law Review 165 (Fall, 2018) In 1990, Clarence Lee Brandley, a black death row inmate, proved he was innocent. Nearly a decade earlier, Brandley was part of a group of janitors who discovered the body of Cheryl Dee Fergeson, a sixteen-year-old white volleyball player, after she had been raped and murdered. The main suspects became the janitors, all of whom were white, except... 2018
Edward J. Littlejohn Iv. The Michigan Supreme Court and Black Rights 18 Journal of Law in Society 59 (Spring, 2018) The Supreme Court of the State succeeded the Territorial Court through legislation enacted March 26, 1836. Originally comprised of the three circuit court judges, in 1838, the court became a four-member bench, consisting of a chief justice and three associate justices. In 1848, the number of judges was increased to five; the Constitution of 1850... 2018
Khaled A. Beydoun Les Bleus and Black: a Football Elegy to French Colorblindness 103 Minnesota Law Review Headnotes 20 (2018) If I score, I'm French. If I don't, I'm an Arab. - Karim Benzema, French footballer There is no room for the word race in the Republic. - François Hollande, the 24 President of France In 1998, the chiseled face of the French football team's talisman, Zinedine Zidane, was illuminated on the Arc de Triomphe. An endless sea of French men, women... 2018
Valeria M. Pelet del Toro Let Black Girls Learn: Perceptions of Black Femininity and Zero-tolerance Policies in Schools 87 Revista Juridica Universidad de Puerto Rico 55 (2018) Introduction. 55 I. Black Girls and the School-to-Prison Pipeline. 58 A. Zero-Tolerance Policies: From the Streets to the Classroom. 58 B. By the Numbers: School Discipline's Disparate Impact on Black Girls. 60 II. Discretionary Zero-Tolerance Policies in Schools and the Role of Having an Attitude. 62 III. Black Girls Speak Out. 65 IV. What We... 2018
C. D. Rogers Locking up Our Own: Crime and Punishment in Black America by James Forman, Jr. 92-OCT Florida Bar Journal 87 (September/October, 2018) All of us in the public defender's office fear the Martin Luther King speech. Forman's first line in this winner of the 2018 Pulitzer Prize for Nonfiction begins our challenging read. His last challenge is this: Mass incarceration, as we have seen, was constructed incrementally, and it may have to be dismantled the same way. In 1995, one in... 2018
Shamika D. Dalton , Gail Mathapo , Endia Sowers-Paige Navigating Law Librarianship While Black: a Week in the Life of a Black Female Law Librarian 110 Law Library Journal 429 (Summer, 2018) The ideal work environment provides a sense of purpose and validation. Inevitably, however, unconscious or implicit biases permeate the workplace because we all have them. These biases can be based on race, age, gender, religion, socioeconomic status, physical disability, and other characteristics. Implicit bias in the workplace can stymie... 2018
Anders Walker, Saint Louis University New Takes on Jim Crow: a Review of Recent Scholarship 36 Law and History Review 173 (February, 2018) Nicholas Guyatt, Bind Us Apart: How Enlightened Americans Invented Racial Segregation, New York: Basic Books, 2016. Pp. xii, 403. $29.99 cloth (ISBN 978-0-4650-1841-3). Sarah Haley, No Mercy Here: Gender, Punishment, and the Making of Jim Crow Modernity, Chapel Hill: University of North Carolina Press, 2016. Pp. xv, 337. $34.95 cloth (ISBN... 2018
Loretta A. Moore, Ph.D. , Candis Pizzetta, Ph.D. , Angela Mae Kupenda, J.D. , Evelyn J. Leggette, Ph.D. Normalizing the Recognition of Implicit Bias as a Precursor to Normalizing Blackness: the Jsu Advance Implicit Bias Think Tank--mitigating Implicit Bias Against Black Female Faculty in Stem at Hbcus in the Deep South, and Other Groups More Broadly 12 Southern Journal of Policy and Justice 3 (Fall, 2018) Blackness is routinely considered as being outside the norm of America and more specifically, outside the norm of whiteness. As a result, blackness is feared, despised, scrutinized, and underrated--to use just a few verbs. Some bias against blackness was quite overt in the past. In today's America, overt and state sanctioned bias is regarded as... 2018
Amna Toor Our Identity Is Often What's Triggering Surveillance: How Government Surveillance of #Blacklivesmatter Violates the First Amendment Freedom of Association 44 Rutgers Computer and Technology Law Journal 286 (2018) I. INTRODUCTION: Birth of the #BlackLivesMatter Movement-- Formation of a Social Movement and a Target of Government Surveillance. 287 II. BACKGROUND: Revisiting the Past & Joining the Future - Tracing Surveillance from Slavery to COINTELPRO to the #BlackLivesMatter Movement. 294 III: Finding Association: Unraveling the First Amendment Freedom of... 2018
Raisa D'Oyley Overrepresented and under the Radar: Black Immigrants in Law School and the Legal Profession 10 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2018) Though black immigrants only represent less than nine percent of the population of blacks in America, they are overrepresented in colleges and universities, particularly at selective institutions. Researchers have not been able to conclusively determine the cause. Though unidentifiable, these factors will continue to influence representation in... 2018
Rachel Smith Policing Black Residents as Nuisances: Why Selective Nuisance Law Enforcement Violates the Fair Housing Act 34 Harvard Journal on Racial & Ethnic Justice 87 (Spring, 2018) She was rapidly losing blood after her ex-boyfriend stabbed her in the neck, but Lakisha Briggs did not call 911. A neighbor saw her walking through the street, bleeding, and called for paramedics, who rushed to airlift Ms. Briggs to the hospital. When she eventually returned home, Ms. Briggs discovered her landlord was evicting her. The reason:... 2018
Jay Yi Reaction To: Bartering from the Bench: a Tennessee Judge Prevents Reproduction of Social Undesirables; Historic Analysis of Involuntary Sterilization of African American Women 10 Georgetown Journal of Law & Modern Critical Race Perspectives 63 (Spring, 2018) While Carla Newman's attempts to spotlight the state's tyranny of black women via compelled sterilization is laudable and rather unique, the article, Essay: Bartering from the Bench: A Tennessee Judge Prevents Reproduction of Social Undesirables; Historic Analysis of Involuntary Sterilization of African American Women gives an incomplete portrayal... 2018
Stephanie Hong Say Her Name: the Black Woman and Incarceration 19 Georgetown Journal of Gender and the Law 619 (Spring, 2018) In the modern 21st century, the United States imprisons more people per capita than any other country in the world. This mass incarceration epidemic, deeply rooted in a history of oppression and racism, is primarily discussed in the context of its effects on black men. Black women, on the other hand, are often forgotten in the discussion despite... 2018
Susan D. Carle Selected Historical Bibliography on African American Women's Activism (Focusing on 1880 to 1920) 47 Hofstra Law Review 117 (Fall, 2018) At the colloquium, some of the activist/scholars in the room complained about the apparent lack of literature on activism by U.S. women of color in early historical periods. As a participant pointed out, this apparent gap can lead to a lack of inspiration and role models for contemporary lawyer/activists. But this perceived gap in the historical... 2018
Ursula Tracy Doyle Strange Fruit at the United Nations 61 Howard Law Journal 187 (Winter, 2018) INTRODUCTION. 189 I. THE UNITED NATIONS. 192 A. The Founding. 192 B. The United Nations Charter. 195 II. THE UNITED STATES. 201 III. STRANGE FRUIT AT THE UNITED NATIONS. 208 A. The General Assembly. 209 1. General Condemnations of Racial Segregation and Racial Discrimination. 211 2. Specific Condemnations of Racial Segregation and Racial... 2018
Laura Cohen The "Reasonable Black Child"--youth, Race, and the Fourth Amendment 33-FALL Criminal Justice 37 (Fall, 2018) David, a 16-year-old African American boy, stood on the sidewalk, his feet frozen to the pavement. It was 9:00 p.m. on a summer night, and he had just walked out of his family's home to get ice cream at the corner store. The house was located on a residential street where police were a constant presence and routinely stopped and questioned... 2018
Gabriel H. Rubinstein The Arabbers and Their Horses: Reconciling Animal Welfare Concerns and African American Tradition to Benefit Baltimore City 4 Mid-Atlantic Journal on Law and Public Policy 177 (Spring-Summer, 2018) I. INTRODUCTION. 178 II. THE BALTIMORE ARABBERS: AN AFRICAN AMERICAN FOLK TRADITION. 181 A. A Brief History. 182 B. Benefits to the City. 185 1. Strawberries by the Quart!. 185 2. Tourism and Economic Development. 188 3. Value to the City Community. 190 III. RELATIONSHIP BETWEEN THE ARABBERS AND THE CITY GOVENMENT. 193 A. Past Confrontations... 2018
Yavar Bathaee The Artificial Intelligence Black Box and the Failure of Intent and Causation 31 Harvard Journal of Law & Technology 889 (Spring, 2018) C1-2Table of Contents I. Introduction. 890 II. AI, Machine-Learning Algorithms, and the Causes of the Black Box Problem. 897 A. What Is Artificial Intelligence?. 898 B. How Do Machine-Learning Algorithms Work?. 899 C. Two Machine-Learning Algorithms Widely Used in AI and the Black Box Problem. 901 1. Deep Neural Networks and Complexity. 901 2.... 2018
Kimberlee Gee The Attack on Political Speech and Black Activism: What the Nfl Protests Are Teaching Us about Civil Liberties and Civil Rights 23-APR NBA National Bar Association Magazine Mag. 8 (April, 2018) Unless you have been living in a bubble, you are likely aware of the National Football League (NFL) protests that have been taking place across the country. While these NFL protests commenced during the 2016 football season, they began to grow even more in scale and gained even more attention after President Donald Trump's comments at an Alabama... 2018
Weston W. Reeves The Black 14 Case 41-APR Wyoming Lawyer 26 (April, 2018) You are off the team. You can go back on Negro relief. - Coach Lloyd Eaton, October 1969 Get that son of a bitch off the field right now. - President Donald Trump, September 2017 On November 10, 1969, three months into my life as a lawyer, there I was in the big federal courtroom in Cheyenne, as the least member of the legal team on the... 2018
Ann Linder The Black Man's Dog: the Social Context of Breed Specific Legislation 25 Animal Law 51 (2018) Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit pit bulls' in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans... 2018
Devon W. Carbado , L. Song Richardson The Black Police: Policing Our Own Locking up Our Own: Crime and Punishment in Black America. By James Forman Jr. New York, N.y.: Farrar, Straus and Giroux. 2017. Pp. 306. $27.00 131 Harvard Law Review 1979 (May, 2018) Since Darren Wilson shot and killed Michael Brown in 2014, the problem of police violence against African Americans has been a relatively salient feature of nationwide discussions about race. Across the ideological spectrum, people have had to engage the question of whether, especially in the context of policing, it's fair to say that black lives... 2018
Brian G. Gilmore , Hannah D. Adams The Case for a Reparations Clinic: a Proposal for Investigation, Documentation, and Remediation of Historic Housing Discrimination Through the Law School Clinic Model 2018 Michigan State Law Review 1309 (2018) This Article will provide a blueprint for the creation of a law school based, or associated, clinic dedicated to addressing wealth and inequality issues created by the nation's racial caste system. Much of the focus shall be on reparations for discriminatory conduct in the housing market, but the Article shall also focus upon reparations in general... 2018
Garrett Chase The Early History of the Black Lives Matter Movement, and the Implications Thereof 18 Nevada Law Journal 1091 (Spring, 2018) From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America's consciousness. But what is this movement? Where did it come from? Does Black Lives Matter stand for civil rights, or human rights? What... 2018
Tiffany R. Simmons, J.D. The Effects of the War on Drugs on Black Women: from Early Legislation to Incarceration 26 American University Journal of Gender, Social Policy and the Law 719 (2018) I. Introduction. 719 II. Early Legislation of the War on Drugs. 722 III. Federal Sentencing Regulations and the Shift of Power from Judges to Prosecutors. 724 IV. Prosecutorial Discretion and Its Disproportionate Impact on Black Women. 726 V. The Executive Branch's Impact on the War on Drugs and Sentencing Disparities (1991 to 2017). 733 VI. The... 2018
Briana N. Tookes The False Reality of the African American Culture: the Fcc and Reality Television 5 Savannah Law Review 369 (2018) Television is the gateway of communication across the world, as it projects the news, educational information, and entertainment for viewers. However, television gives false perceptions about the realities of the world, especially pertaining to different cultures, such as the African American culture. Since the beginning of television, the... 2018
Bianca A. White The Invisible Victims of the School-to-prison Pipeline: Understanding Black Girls, School Push-out, and the Impact of the Every Student Succeeds Act 24 William and Mary Journal of Women and the Law 641 (Spring, 2018) Introduction I. Brief History II. Understanding Black Girlhood and the School-to-Prison Pipeline III. The Necessity of Programs for Black Girls IV. Every Student Succeeds Act V. Ending School Push-out Conclusion A stigma follows Black girls: they are said to be unruly, defiant, unsophisticated, and to have bad attitudes. This stigma is reinforced... 2018
Thomas Ward Frampton The Jim Crow Jury 71 Vanderbilt Law Review 1593 (October, 2018) Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting the Jim Crow jury actively fought, both inside and outside the... 2018
Janyl Relling Smith The Legacy of Slavery, Cognitive Shortcuts, and Biased News: the Mass Media's Vilification of Black Males and the Resulting "Reasonableness" of Excessive Force by Law Enforcement 8 University of Miami Race & Social Justice Law Review 23 (Summer, 2018) I. Introduction. 24 II. Early Vilification, Policing the Outgroup, and Stifling Assimilation: A Brief Historical Look at Institutionalized Racism. 29 A. Law, Procedure, Early Policing, and Legal Sentiments of the High Court: Systems and Institutions as They Related to Blacks in an Antebellum America. 30 1. Slave Codes. 30 2. Fear and Subsequent... 2018
Katherine Macfarlane The New Jim Crow's Equal Protection Potential 27 William & Mary Bill of Rights Journal 61 (October, 2018) In 1954, the Supreme Court's Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson's separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative... 2018
Bennett Liebman The Quest for Black Voting Rights in New York State 11 Albany Government Law Review 389 (2017-2018) That New York is not a slave state like South Carolina is due to climate and not to the superior humanity of the founders. George Bancroft, History of the United States There is a tendency to oversimplify the battle over black voting rights (and civil rights in general) in nineteenth century America as a struggle between the South and the North,... 2018
Kristin Henning The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment 67 American University Law Review 1513 (June, 2018) Police contact with black youth is ubiquitous. Under the guise of reasonable articulable suspicion, police stop black youth on the vaguest of lookout descriptions--black boys running, two black males in jeans, one in a gray hoodie, black male in athletic gear, and black male with a bicycle. Young black males are treated as if they are out... 2018
Teri A. McMurtry-Chubb The Rhetoric of Race, Redemption, and Will Contests: Inheritance as Reparations in John Grisham's Sycamore Row 48 University of Memphis Law Review 889 (Spring, 2018) I. Introduction. 890 II. Reparations as Racial Rhetoric: Racializing Nomos, Logos, Pathos, and Ethos. 893 A. The Racialized Universe of Reparations Discourse. 893 B. Logos, Ideographs, and Analytical Frameworks in Reparations Litigation. 910 1. Johnson v. McAdoo. 915 2. Cato v. United States. 917 3. Pigford v. Glickman. 922 4. Obadele v. United... 2018
Dorothy Franks The Rumor on Adopting Children for Their Organs: a Compelling Reason to Address a Thriving Organ Black Market and the Prevalence of Children Being Trafficked into Adoption 14 Journal of Health & Biomedical Law 169 (2018) [F]oreigners [are] adopting handicapped children apparently for humanitarian reasons, but . they . [are] in fact dismembering these unfortunates and selling the organs in North America for perhaps $10,000 each. - Leonardo Villeda Bermudez, former Secretary General of the Honduran Committee for Social Welfare From Latin America, across to Europe,... 2018
Makiba Gaines This Means War: a Case for Just Reparations under the Doctrine of Inalienability 30 Regent University Law Review 433 (2017-2018) A close examination of America's post-emancipation timeline reveals incessant cycles of racial discord marked by turbulent junctures of conflict between Blacks and American governments. Sustained antagonism is evinced by at least one major declaration of mass dissent every twenty to thirty years since ratification of the Thirteenth Amendment. Most... 2018
Andrea Freeman Unmothering Black Women: Formula Feeding as an Incident of Slavery 69 Hastings Law Journal 1545 (August, 2018) Laws and policies that impede Black mothers' ability to breastfeed their children began in slavery and persist as an incident of that institution today. They originated in the practice of removing enslaved new mothers from their infants to work or to serve as wet nurses for slave owners' children. The stereotype of the bad Black mother justified... 2018
Kimberly A. Yuracko , Ronen Avraham Valuing Black Lives: a Constitutional Challenge to the Use of Race-based Tables in Calculating Tort Damages 106 California Law Review 325 (April, 2018) This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... 2018
Candace Caruthers When the Cops Become the Robbers: the Impact of Asset Forfeiture on Blacks and How to Curtail Asset Forfeiture Abuses 62 Howard Law Journal 277 (Fall, 2018) INTRODUCTION. 278 I. BACKGROUND ON ASSET FORFEITURE AND THE EXCESSIVE FINES CLAUSE. 282 A. The Historical Background of Civil and Criminal Asset Forfeiture. 282 B. Origins of the Eighth Amendment Excessive Fines Clause and Bajakajian's Proportionality Approach. 284 C. Benefits of an Improved Excessive Fines Test. 287 II. ANALYSIS: HONEYCUTT FAILS... 2018
Jody Armour Where Bias Lives in the Criminal Law and its Processes: How Judges and Jurors Socially Construct Black Criminals 45 American Journal of Criminal Law 203 (Spring, 2018) I. Introduction. 204 II. Denials of Racially Biased Constructions of Black Criminals: Why Paradigms Matter. 205 A. Evidence of Biased Constructions of Black Criminals in Character-Based Approaches to Mens Rea. 206 B. Concrete Illustration. 208 III. Prevailing Mens Rea Paradigm Ignores Room for Biased Social Construction of Black Criminals. 218 IV.... 2018
Darren Lenard Hutchinson Who Locked Us Up? Examining the Social Meaning of Black Punitiveness: Locking up Our Own: Crime and Punishment in Black America: by James Forman, Jr. Farrar, Straus and Giroux, 2017 127 Yale Law Journal 2388 (June, 2018) Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... 2018
Laura Goolsby Why International Law Should Matter to Black Lives Matter: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of the Family of Eric Garner 21 University of Pennsylvania Journal of Law and Social Change 29 (2018) The United States consistently fails to provide effective remedies to victims of unlawful force perpetrated by police departments around the country. Efforts to address this impunity and underlying systemic racism have met with limited success. Recently, activists and scholars have begun calling for international review of these practices. This... 2018
Carrie Menkel-Meadow Why We Can't "Just All Get Along": Dysfunction in the Polity and Conflict Resolution and What We Might Do about it 2018 Journal of Dispute Resolution 5 (Fall, 2018) These are very troubled times. The polity is seriously divided; people who march for white supremacy and hate are called nice and very good people by an unhinged, but Constitutionally elected, President; relations between citizens of color and police are at a high level of hostility and distrust; Congress is unable to pass virtually any... 2018
Taurus Myhand You Be the Judge: the Wholesale Implementation of Bail Schedules by the Judiciary as an Abdication of Adjudicatory Responsibility Creating a Disparate Impact for African-americans and Hispanics Accused of Criminal Offenses 42 Journal of the Legal Profession 261 (Spring, 2018) Very few people, if any, have not been exposed to the often-repeated assertion that a person accused of a criminal offense in the United States is presumed innocent until proven guilty. The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the country. In... 2018
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