| Author | Title | Citation | Summary | Year | Key Terms |
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Around the Nation |
37No.9 Law Enforcement Employment Bulletin NL 8 (9/1/2020) |
A Santa Ana police officer has been charged with workers compensation fraud, Orange County District Attorneys (DA) Office announced in a press release. The officer, age 39, allegedly accepted full pay without working even though he was physically capable of performing his duties, the DAs office stated. In May 2018, the officer went out of work... |
2020 |
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Article Ii. Judicial Notice. |
45No.1 Federal Rules of Evidence Newsletter NL 2 (1/1/2020) |
A police officer who was seriously injured at a protest when an unidentified person hit him with a heavy object brought an action against the organizer of the protest and Black Lives Matter, which was associated with the protest. Following the grant of a motion to dismiss by the defendants, the officer appealed to the Fifth Circuit on the ground,... |
2020 |
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| Laura Weiss, CQ Roll Call |
As Companies Condemn Racism, Investors Want Measurable Actions to Fight it |
CQ Briefing Roll Call Washington Corporate Governance (6/17/2020) |
As corporations respond to the Black Lives Matter movement and profess their opposition to racism, investors and advocates are pushing company executives to make detailed plans for systemic change that can be measured to hold them accountable. |
2020 |
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| Scott W. Howe |
Atoning for Dred Scott and Plessy While Substantially Abolishing the Death Penalty |
95 Washington Law Review 737 (June, 2020) |
Abstract: Has the Supreme Court adequately atoned for Dred Scott and Plessy? A Court majority has never confessed and apologized for the horrors associated with those decisions. And the horrors are so great that Dred Scott and Plessy have become the anti-canon of constitutional law. Given the extraordinary circumstances surrounding the Court's... |
2020 |
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| Zack Budryk |
Barr Criticizes Doj in Speech Declaring All Agency Power 'Is Invested in the Attorney General' |
The Hill (9/16/2020) |
Attorney General Bill Barr asserted his authority to intervene in politically-charged cases and castigated career Justice Department staff in a Wednesday speech. |
2020 |
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| Aris Folley |
Barr Says Cases of Floyd, Blake Not 'Interchangeable' |
The Hill (9/2/2020) |
Attorney General William Barr said that he doesnt think the cases of George Floyd and Jacob Blake are interchangeable when asked about both in an interview on Wednesday. |
2020 |
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| Dominick Mastrangelo |
Barr: Doj Won't Be Run like Preschool |
The Hill (9/17/2020) |
Attorney General William Barr belittled the idea that lower level attorneys within his own Justice Department have any power to make decisions on how the agency is run, equating that notion to toddlers running a preschool during scathing remarks given Wednesday as part of a speech at Hillsdale College event. |
2020 |
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| Justin Wise |
Barr: the Left 'Believes in Tearing down the System' |
The Hill (8/10/2020) |
Attorney General William Barr on Sunday voiced scathing criticism of the Democratic Party, claiming the left is trying to tear down U.S. institutions in a pursuit for total victory. |
2020 |
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| Rebecca Klar |
Bass: Trump's 'Only' Purpose Is to 'Agitate' Violence |
The Hill (8/30/2020) |
Rep. Karen Bass (D-Calif.) on Sunday slammed President Trumps scheduled visit to Kenosha, Wis. in wake of protests over the police shooting of Jacob Blake. |
2020 |
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| Frederick H. Alexander |
Benefit Corporation Law and Governance: Pursuing Profit with Purpose Part 1 - Ch01 and Ch02 |
ALI-CLE 123 (5/19/2020) |
Copyright © 2018 by Frederick H. Alexander All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied... |
2020 |
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| Chelsea Barabas |
Beyond Bias: Re-imagining the Terms of "Ethical Ai" in Criminal Law |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 83 (Fall, 2020) |
Data-driven decision-making regimes, often branded as artificial intelligence (AI), are rapidly proliferating across the U.S. criminal legal system as a means of managing the risk of crime and addressing accusations of discriminatory practices. However, these data regimes have come under increased scrutiny, as critics point out the myriad ways... |
2020 |
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| Beth A. Colgan |
Beyond Graduation: Economic Sanctions and Structural Reform |
69 Duke Law Journal 1529 (April, 2020) |
In recent years, increased attention is being paid to the dangers of imposing economic sanctions in felony, misdemeanor, juvenile, municipal, and traffic courts because the imposition of unmanageable fines, fees, surcharges, restitution, and forfeitures can be financially devastating for people and their families. One reform that has gained... |
2020 |
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| Brett Samuels and Reid Wilson |
Biden Appointments Give Newsom Chance to Reshape California Politics |
The Hill (12/12/2020) |
President-elect Joe Biden has tapped several California officials for key roles in his administration, handing Gov. Gavin Newsom (D) the opportunity to reshape the states political hierarchy with his choices for their replacements. |
2020 |
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| Brooke Seipel |
Bill and Hillary Clinton on John Lewis Death: 'We Have Lost a Giant' |
The Hill (7/18/2020) |
Former President Bill Clinton and former secretary of State Hillary Clinton marked the passing of Civil Rights icon Rep. John Lewis (D-Ga.) on Friday, calling him a giant" and praising his lifelong fight for justice and equality." |
2020 |
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| Black Women Scholars, The Research Working Group of the Black Mamas Matter Alliance |
Black Maternal Health Research Re-envisioned: Best Practices for the Conduct of Research With, For, and by Black Mamas |
14 Harvard Law & Policy Review 393 (Summer, 2020) |
The purpose of this article is to provide an overview of a forthcoming report entitled Black Maternal Health Research Re-Envisioned: Recommendations for Improving Research on Maternity Care for Black Mamas which provides principles that should underpin the ethical design of clinical, epidemiological, health services, and public health research,... |
2020 |
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| Jennifer M. Kinsley |
Black Speech Matters |
2020 (University of Louisville Law Review Rev. 1 |
On Memorial Day 2020, Minneapolis police killed George Floyd, an unarmed African-American man suspected of paying for groceries with a counterfeit $20 bill. Two officers held Floyd face down on the ground, while another officer pinned Floyd's head against the ground by forcefully placing a knee onto his neck for nearly ten minutes. Several months... |
2020 |
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| WK Editorial Staff |
Blog Tracker-noteworthy Posts and Other Commentary |
Wolters Kluwer Employment Law Daily (8/6/2020) |
The week's most insightful, intriguing, or entertaining blog posts from the labor and employment law community. News & Knowledge, Court Rules with New York: DOL Jumped the Rail in Restricting Pandemic Paid Leave, by Jack L. Cohen, Christopher P. Maugans, Caroline J. Berdzik, Peter J. Woo, and Kristin Klein Wheaton (Goldberg Segalla) Labor and... |
2020 |
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| Abbye Atkinson |
Borrowing Equality |
120 Columbia Law Review 1403 (October, 2020) |
For the last fifty years, Congress has valorized the act of borrowing money as a catalyst for equality, embracing the proposition that equality can be bought with a loan. In a series of bedrock statutes aimed at democratizing access to loans and purchase money for marginalized groups, Congress has evinced a borrowing-as-equality policy that has... |
2020 |
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| Marty Johnson |
Breonna Taylor Findings Being Presented to Grand Jury |
The Hill (9/9/2020) |
The findings in the case of Breonna Taylor, the 26-year-old Black woman who was shot and killed in her home by Louisville, Ky., police in March, are being presented to a grand jury by Kentucky Attorney General David Cameron (R), according to multiple reports. |
2020 |
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| Marty Johnson |
Breonna Taylor's Ex-boyfriend Was Offered a Deal to Say She Was Involved in Organized Crime |
The Hill (9/1/2020) |
The lead attorney representing Breonna Taylor's family says Louisville prosecutors offered Jamarcus Glover her ex-boyfriend who is facing multiple drug-related charges a plea deal that listed Taylor, who was shot and killed by police in her own home in March, as a co-defendant in the case. |
2020 |
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| Marty Johnson |
Breonna Taylor's Family Attorney Crump to Ag Cameron: 'Release the Transcripts' |
The Hill (9/25/2020) |
Civil rights attorney Benjamin Crump had a simple message for Kentucky Attorney General Daniel Cameron (R) on Friday: Release the transcript of the grand jury proceedings in the case of Breonna Taylor. |
2020 |
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| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various... |
2020 |
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| Joseph Landau |
Broken Records: Reconceptualizing Rational Basis Review to Address "Alternative Facts" in the Legislative Process |
73 Vanderbilt Law Review 425 (March, 2020) |
In 2016, North Carolina passed HB2, also known as the bathroom ban--a law prohibiting transgender individuals from accessing public restrooms corresponding to their gender identity--based on the unfounded fear that cisgender men posing as transgender women would assault women and girls in bathrooms. Around the same time, Alabama enacted a... |
2020 |
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| Justin Wise |
Bubba Wallace Responds to Trump: 'Even When It's Hate from the Potus.. Love Wins' |
The Hill (7/6/2020) |
NASCAR driver Bubba Wallace on Monday called for Americans to meet hate with love after President Trump attacked the top racing league's only African American driver and falsely accused him of carrying out a hoax" involving a noose found in his garage stall." |
2020 |
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| Jedediah Britton-Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman |
Building a Law-and-political-economy Framework: Beyond the Twentieth-century Synthesis |
129 Yale Law Journal 1784 (April, 2020) |
We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. Neoliberal premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In... |
2020 |
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| Judith H. Owens, Ed.D |
Building an Antiracist Organization Is No Easy Task -- or Did Kindergarten Teach Us How? |
66No.6 Practical Lawyer 29 (12/1/2020) |
This is Part 1 of a two-part article about the urgent call for a systematically antiracist society, and how we can answer that call on the organizational level, within our legal offices, companies, and other institutions. Recent events have evoked the issue of racism and the unfair treatment of people of color not just on an interpersonal level,... |
2020 |
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| Amisha Gandhi |
California County Oversight of Use Policies for Surveillance Technology |
108 California Law Review 1011 (June, 2020) |
California Senate Bill 1186 (SB 1186), proposed in 2018, would have implemented surveillance transparency, accountability, and oversight measures over the California Highway Patrol, the California Department of Justice, and every California police department, sheriff's office, district attorney's office, and school district and state university... |
2020 |
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| Laura Weiss, CQ Roll Call |
California, New York Fund Managers Urge Workforce Diversity Disclosure |
CQ Briefing Roll Call Washington Corporate Governance (7/28/2020) |
Officers for some of the country's largest public pension funds are urging companies to disclose workforce diversity data by making EEO-1 report information public. |
2020 |
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| Christina Murray |
Cameras Down, Hands Up: How the Supreme Court Chilled the Development of the First Amendment Right to Record the Police |
71 Mercer Law Review 1125 (Summer, 2020) |
You may not realize this, but the Supreme Court of the United States has possibly jeopardized one of your First Amendment rights: the right to record the police. While this right may mean little to you now, it could serve as a means of protecting your other rights and in keeping law enforcement accountable. Because of the right to record the... |
2020 |
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| Emily Kopp and Mark Stricherz, CQ Roll Call |
Cannabis Companies May Gain as More States Vote on Legalizing Marijuana |
CQ Briefing Roll Call Washington Capital Markets (10/22/2020) |
Cannabis companies including Curaleaf Holdings Inc., Green Thumb Industries, Cresco Labs Inc. and Canada's Acreage Holdings could get a boost from this year's legalization efforts in the U.S., analysts say. Voters will decide next month whether to legalize recreational marijuana in four states: Arizona, Montana, New Jersey and South Dakota.... |
2020 |
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| John Fitzgerald |
Change.org Misled Donors Who Signed George Floyd Petition, Suit Says |
27No.06 Westlaw Journal Class Action 02 (2020) |
When Sean Randall signed a Change.org petition calling for justice after the death of George Floyd, he was asked to chip in $3" to help the petitioner's agenda. Now Randall is questioning how those donations are being spent. He and other donors were misled into believing that their contributions would be used to promote the "Justice for George..." |
2020 |
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| Nancy E. Dowd |
Children's Equality Rights: Every Child's Right to Develop to Their Full Capacity |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... |
2020 |
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| Nancy E. Dowd |
Children's Equality: the Centrality of Race, Gender, and Class |
47 Fordham Urban Law Journal 231 (February, 2020) |
Hierarchies among children dramatically impact their development. Beginning before birth, and continuing during their progression to adulthood from birth to age 18, structural and cultural barriers separate and subordinate some children, while they privilege others. The hierarchies replicate patterns of inequality along familiar lines, particularly... |
2020 |
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| Zack Budryk |
Civil Rights Icon Rev. James Lawson: 'We Need the Constitution to Come Alive' to Honor Lewis |
The Hill (7/30/2020) |
The Rev. James Lawson, a major leader and tactician in the civil rights movement, spoke at Rep. John Lewiss (D-Ga.) funeral Thursday, saying Lewis practiced politics the nation need[s] more desperately than ever before. |
2020 |
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| Katrina M. Wyman |
Commodity & Propriety in Contemporary New York City |
29 Cornell Journal of Law & Public Policy 735 (Spring, 2020) |
Introduction. 735 I. Contemporary Urban Centralism. 742 II. Contemporary Urban Localism. 748 Conclusion. 756 |
2020 |
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| Laura Weiss, CQ Roll Call |
Companies Actively Seeking Black Board Members amid Social Pressure |
CQ Briefing Roll Call Washington Corporate Governance (8/5/2020) |
Companies are actively searching for Black board members after years of diversity efforts that focused on adding representation of women and people of color more generally, according to search firms. |
2020 |
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Companies Including Jpmorgan Pledge to Use More Inclusive Language - Implications for Compliance |
30No.03 04 (2020) |
JPMorgan Chase & Co. is eliminating terms like blacklist (Thomson Reuters Regulatory Intelligence) |
2020 |
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| Abigail Greene |
Compliance Issues: the Supreme Court's Confusing Messages to Municipalities |
85 Missouri Law Review 547 (Spring, 2020) |
Local municipalities are vested with the power to enact zoning ordinances that prohibit signs and flags in residential areas for aesthetic purposes. This power directly competes with an individual's constitutional right to use private property to express their views. The United States Supreme Court recently struck a balance for this conflict in... |
2020 |
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Constitutional Remedies--bivens Actions-- Search and Seizure-- Hernández V. Mesa |
134 Harvard Law Review 550 (November, 2020) |
In its landmark decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that a federal agent's violation of the Fourth Amendment gives rise to a cause of action for damages. In two subsequent cases, the Court extended this reasoning to violations of the equal protection component of the Fifth... |
2020 |
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| David Ireland, Richard Jochelson |
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law |
43 Manitoba Law Journal L.J. I (2020) |
It is our great pleasure to bring you the latest volumes of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students, and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. Publishing a triple volume is a testament to the quality of... |
2020 |
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| Camille Gear Rich |
Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child |
104 Minnesota Law Review 2375 (May, 2020) |
Introduction. 2377 I. Packaging Race in the ART Market. 2391 A. Packaging Gametes. 2392 B. Packaging Race. 2397 C. Packaging and Its Effect on Consumer Perceptions. 2405 1. The Re-Biologization of Race. 2406 2. Re-Instantiating Racial Categories. 2407 3. Racial Purity Rules. 2409 4. The Toxic Search for Whiteness. 2410 5. Anti-Miscegenation Ethos.... |
2020 |
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Convicted: Do Recent Cases Represent a Shift in Police Accountability? A Research Note |
56 Criminal Law Bulletin ART 3 (2020) |
Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race, Crime, and Justice... |
2020 |
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| Frank Rudy Cooper |
Cop Fragility and Blue Lives Matter |
2020 University of Illinois Law Review 621 (2020) |
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012-2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police... |
2020 |
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Copyright Law Reports Letter No. 495 |
CCH Copyright Law Reporter P 1192309 (2020) |
Rapper Drake's sampling of Jimmy Smith song was fair use $6.75M award for destruction of aerosol art paintings affirmed LEGO entitled to injunction barring rival from selling action figures Newsletter publisher's failure to mitigate not a complete defense In-vehicle CD-copying devices not subject to royalty provisions Use of video to... |
2020 |
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| Robert B. Barnett Jr., J.D. |
Copyright-s.d.n.y.: Use of Video to Mock Views Expressed in it Deemed Fair Use |
Wolters Kluwer Intellectual Property Law Daily (2/7/2020) |
The court determined that it had the right to adjudicate fair use, an affirmative defense, from the face of the complaint on a motion to dismiss. A suit by Akilah Hughes, a liberal YouTube content creator, against Carl Benjamin, a conservative YouTube content creator, alleging copyright infringement and misrepresentation was dismissed with... |
2020 |
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| Eric Berger |
Courts, Culture, and the Lethal Injection Stalemate |
( |
The Supreme Court's 2019 decision in Bucklew v. Precythe reiterated the Court's great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts' deference, executions have ground to... |
2020 |
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| Jessica Bregant , Eugene M. Caruso , Alex Shaw |
Crime Because Punishment? The Inferential Psychology of Morality and Punishment |
2020 University of Illinois Law Review 1177 (2020) |
Psychologically speaking, punishment may operate as a special case of social norm information, but what sets punishment apart from other norms is the moral weight punishment carries. Although norms other than punishment may also communicate moral messages, punishment seems to be unique in its relationship to morality, and especially to judgments of... |
2020 |
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| Marisol Orihuela |
Crim-imm Lawyering |
34 Georgetown Immigration Law Journal 613 (Spring, 2020) |
C1-2Table of Contents Introduction. 614 I. The Rise of Crim-Imm. 616 II. Lawyering Theory in Criminal and Immigration Law. 619 A. Why Lawyering Models Matter. 620 1. Early Social Change Lawyering Scholarship. 621 2. Intentionality and Self-Reflection. 622 B. Lawyering Theory in Immigration Law. 623 1. Community Lawyering. 624 2. Movement Lawyering.... |
2020 |
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| Daniel S. McConkie, Jr. |
Criminal Justice Citizenship |
72 Florida Law Review 1023 (September, 2020) |
The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized... |
2020 |
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| Barbara O'Brien , Catherine M. Grosso |
Criminal Trials and Reforms Intended to Reduce the Impact of Race: a Review |
16 Annual Review of Law and Social Science 117 (2020) |
race, criminal trials, pretrial decisions, bail, jury selection, peremptory strikes, jury deliberations, jury unanimity, implicit bias, prison abolition This review collects initiatives and legal decisions designed to mitigate discrimination in pretrial decision making, jury selection, jury unanimity, and jury deliberations. It also reviews... |
2020 |
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