| Author | Title | Citation | Summary | Year | Key Terms |
| Andrew Guthrie Ferguson |
PREDICTIVE PROSECUTION |
51 Wake Forest Law Review 705 (Fall, 2016) |
Police in major metropolitan areas now use predictive policing technologies to identify and deter crime. Based on algorithmic forecasts from past crime patterns and individual criminal risk factors, police claim to be able to identify places and persons more likely to be involved in criminal activity. This data-driven approach impacts police... |
2016 |
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| The Editors-in-Chief, The Board of Editors of the Clinical Law Review |
PREFACE TO THE SYMPOSIUM |
23 Clinical Law Review 1 (Fall, 2016) |
Twenty-five years ago Professor Gerald P. López published Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice. This path-breaking book, rich in narrative and analysis, raised critical awareness of the pitfalls and the possibilities for lawyering against subordination. It offered a vision of progressive lawyering as holistic... |
2016 |
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| Seth W. Stoughton |
PRINCIPLED POLICING: WARRIOR COPS AND GUARDIAN OFFICERS |
51 Wake Forest Law Review 611 (Fall, 2016) |
What does good policing look like? At first blush, that question may conjure up images of uniformed officers chatting with local residents, playing with laughing children while on patrol, or attending community meetings. But now consider the question in different contexts. What does good policing look like when an officer has to respond to a minor... |
2016 |
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| Devon W. Carbado, Kate M. Turetsky, Valerie Purdie-Vaughns |
PRIVILEGED OR MISMATCHED: THE LOSE-LOSE POSITION OF AFRICAN AMERICANS IN THE AFFIRMATIVE ACTION DEBATE |
64 UCLA Law Review Discourse 174 (2016) |
This Article challenges the perception of affirmative action as a racial preference. That perception has made the policy less constitutionally secure and more difficult normatively to defend. We focus our analysis on middle-class African Americans. We do so because the framing of affirmative action as a racial preference has particular traction... |
2016 |
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| Jonathan Simon |
PRO-BLACK CRIMINALIZATION AND THE LEGITIMATION OF CRIMINAL LAW IN MODERN SOCIETIES: A COMMENT ON AARONSON'S FROM SLAVE ABUSE TO HATE CRIME |
14 Jerusalem Review of Legal Studies 204 (December, 2016) |
In this superb study, Ely Aaronson places the recent wave of hate crime legislation into an extended history of the problem of anti-black violence for the legitimacy of the American state formation in general and its system of criminal justice (what we might call the carceral state) in particular. Like the best books, From Slave Abuse to Hate... |
2016 |
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| Kimberly Hewes |
PROCEDURAL JUSTICE AND OFFICER-INVOLVED-SHOOTINGS |
1 International Journal of Therapeutic Jurisprudence 373 (Spring, 2016) |
Hands Up! Don't Shoot! No Justice, No Peace! Black Lives Matter! These are the chants that have haunted society over the past year beginning with an officer-involved-shooting in Ferguson, Missouri and the death of Michael Brown on August 9, 2014. They have continued throughout the entire nation, even as recently as July 19, 2015 in... |
2016 |
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| Rebecca Hollander-Blumoff |
PROCEDURAL JUSTICE AND POLICING: FOUR NEW DIRECTIONS |
52 Washington University Journal of Law & Policy 67 (2016) |
What really happened between Michael Brown, Darren Wilson, and Dorian Johnson that summer day in Ferguson? Not the shooting, but what came before-- what happened when Officer Wilson met Mr. Johnson and Mr. Brown on the street, and what might it tell us about policing and justice reform? There are two very different stories told by the two surviving... |
2016 |
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| Bruce Green , Ellen Yaroshefsky |
PROSECUTORIAL ACCOUNTABILITY 2.0 |
92 Notre Dame Law Review 51 (November, 2016) |
There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it. Given prosecutors' extraordinary power, it is important that they be effectively regulated and held accountable for misconduct. Although prosecutors perceive that they are in fact well-regulated, if not over-regulated, public complaints about... |
2016 |
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| Jessica L. West |
PROTEST IS DIFFERENT |
50 University of Richmond Law Review 737 (January, 2016) |
Sometimes dramatic, sometimes mundane, acts of civil disobedience bring attention to issues that have recently included climate change, policing, and high school closings. In the United States, we are surrounded by protest. The stories of these protests capture deep aspects of the human experience and our relationship to government power. These... |
2016 |
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| Chandra L. Ford |
PUBLIC HEALTH CRITICAL RACE PRAXIS: AN INTRODUCTION, AN INTERVENTION, AND THREE POINTS FOR CONSIDERATION |
2016 Wisconsin Law Review 477 (2016) |
The field of Public Health has a progressive history of working with vulnerable communities to promote the health of all their residents, but it also has a complicated and problematic relationship to race. Its roles in racializing populations and disease as well as promoting scientific racism are well documented. At the same time, anti-racism... |
2016 |
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| Sara Sternberg Greene |
RACE, CLASS, AND ACCESS TO CIVIL JUSTICE |
101 Iowa Law Review 1263 (May, 2016) |
ABSTRACT: Existing research indicates that members of poor and minority groups are less likely than their higher income counterparts to seek help when they experience a civil legal problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience such problems. Inaction is even more pronounced among poor blacks. This... |
2016 |
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| Cynthia Lee |
RACE, POLICING, AND LETHAL FORCE: REMEDYING SHOOTER BIAS WITH MARTIAL ARTS TRAINING |
79 Law and Contemporary Problems 145 (2016) |
On November 24, 2015, the city of Chicago released dashboard camera video footage of the shooting of a seventeen-year-old Black male teenager named Laquan McDonald by Jason Van Dyke, a police officer with the Chicago Police Department. The video shows McDonald strolling down the street, holding a knife in his right hand by his side. McDonald does... |
2016 |
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| Gil Gott |
RACE, RIGHT TO THE CITY AND RESCALED CONSTITUTIONALISM |
10 Charleston Law Review 195 (Fall, 2016) |
I. INTRODUCTION. 195 II. THE CITY AND GLOBALIZATION. 198 III. RACE AND GLOBALIZATION. 203 IV. RACE AND RIGHT TO THE CITY. 207 V. CONCLUSION. 213 |
2016 |
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| Janine Young Kim |
RACIAL EMOTIONS AND THE FEELING OF EQUALITY |
87 University of Colorado Law Review 437 (Spring 2016) |
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial... |
2016 |
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| Andrea C. Armstrong |
RACIAL ORIGINS OF DOCTRINES LIMITING PRISONER PROTEST SPEECH |
60 Howard Law Journal 221 (Fall, 2016) |
ABSTRACT. 221 INTRODUCTION. 222 I. PRISONERS' UNPROTECTED PROTESTS. 226 A. Ineffective Legal Methods of Protest. 229 B. Punishment for Protest. 232 II. ADDERLEY V. FLORIDA. 236 A. Adderley and Race. 236 B. Adderley's Impact. 242 III. JONES V. NORTH CAROLINA PRISONERS' LABOR UNION, INC.. 248 A. Jones and Race. 248 B. Jones' Impact. 257 IV. RACE,... |
2016 |
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| Donald F. Tibbs |
RACIAL PROFILING IN THE ERA OF BLACK DE-CONSTITUTIONALISM |
23 Washington and Lee Journal of Civil Rights and Social Justice 181 (Fall, 2016) |
On July 6, 2016, Philando Divall Castile was returning from shopping at a grocery store with his girlfriend Diamond Reynolds as the two of them drove through Falcon Heights, Minnesota, a suburb of St. Paul. Earlier that evening, he performed normal day-to-day functions. He had gotten a haircut and eaten dinner with his sister before picking up... |
2016 |
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| Ely Aaronson |
RACIAL VIOLENCE AND THE POLITICS OF CRIMINALIZATION REFORM: RESPONSE TO COMMENTS ON FROM SLAVE ABUSE TO HATE CRIME |
14 Jerusalem Review of Legal Studies 214 (December, 2016) |
The scholarship on the intersections of race, crime, and law in American history has long focused on the political underpinnings and effects of legal policies addressing (real and perceived) black criminality. This literature has analyzed the causes of the persistence of striking racial disparities in various contexts of policing and punishment. It... |
2016 |
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| Raisa D'Oyley |
REACTION TO: THE PATRIARCHY PRESCRIPTION: CURE OR CONTAINMENT STRATEGY? |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 81 (Spring, 2016) |
This reaction piece will analyze and comment on the marginalization of black women and the influence of the Moynihan Report in subsequent policymaking as described in Williams' article. I advance the idea that black women have and continue to be looked over in movements seeking to advance the black community. I also contend that Williams... |
2016 |
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| Jordan A. Shannon |
REASONABLENESS AS CORRECTIONS REFORM IN KINGSLEY v. HENDRICKSON |
62 Loyola Law Review 577 (Summer, 2016) |
I. INTRODUCTION. 578 II. FACTS & HOLDING. 579 III. BACKGROUND. 585 A. 42 U.S.C. § 1983 Provides the Basis for Civil Liability by Law Enforcement for Actions that Violate a Person's Constitutional Rights. 585 B. Pretrial Detaineesmay Vindicate Their Right to Freedom from Excessive Force Under the Fourteenth Amendment's Due Process Clause. 587 C. The... |
2016 |
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| Anthony V. Alfieri |
REBELLIOUS PEDAGOGY AND PRACTICE |
23 Clinical Law Review 5 (Fall, 2016) |
Gerald López's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, López's interdisciplinary investigation of the local, sociocultural context of the... |
2016 |
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| Jessica Younan |
REFORM DEMANDED BY MINORITIES ON POLICE'S USE OF EXCESSIVE FORCE AND THE U.S. GOVERNMENT'S RESISTANCE TO CHANGE |
22 Public Interest Law Reporter 55 (Fall, 2016) |
Innocent until proven guilty is the legal standard utilized by our justice system. Yet, recently, the use of excessive force by law enforcement, which conflicts with this legal standard, has resurfaced disproportionately against minorities. Despite the outcries for change, the issue remains unanswered by the federal government. Police protection is... |
2016 |
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| Ivana Dukanovic |
REFORMING HIGH-STAKES POLICE DEPARTMENTS: HOW FEDERAL CIVIL RIGHTS WILL REBUILD CONSTITUTIONAL POLICING IN AMERICA |
43 Hastings Constitutional Law Quarterly 911 (Summer 2016) |
When eighteen-year-old Michel Brown was fatally shot by Officer Darren Wilson in Ferguson, Missouri, in August 2014, the small St. Louis suburb erupted. Brown's shooting set off weeks of racially charged protests and clashes between protestors and police, further exacerbated by the controversial decision not to indict Officer Darren Wilson.... |
2016 |
|
| Kara Dansky |
REMARKS |
33 Western Michigan University Thomas M. Cooley Law Review 17 (2016) |
First, I want to thank the WMU-Cooley Law Review for holding this event and inviting me. I am very happy to be here and to be a part of the discussion. The second thing I want to say is, Black lives matter! I think that has to be said. I thought that for my time with you, I would do two things. One is to describe an investigation and report on... |
2016 |
|
| Mariah Levison |
RESOLVING DIVISIVE SOCIAL ISSUES: A CASE STUDY OF THE MINNESOTA CHILD CUSTODY DIALOGUE |
42 Mitchell Hamline Law Review 1682 (2016) |
I. Introduction. 1682 II. Minnesota Child Custody Dialogue. 1685 III. The Collaborative Problem Solving Process. 1688 IV. Transferable Lessons. 1693 A. Skilled Facilitator. 1694 B. Powerful Convener. 1695 C. Infrastructure. 1696 D. Ripeness. 1697 E. Right Players at the Table. 1697 V. Conclusion. 1698 |
2016 |
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| Jonathan M. Smith |
RESPONDING TO THE FIERCE URGENCY OF NOW |
42 Human Rights 2 (2016) |
In August 1963, on the steps of the Lincoln Memorial with a nation watching, Dr. Martin Luther King Jr. made his famous I Have a Dream speech. The speech is best remembered for its soaring vision of a future that has moved past the legacy of slavery and racism. But Dr. King also talked about the critical nature of the moment and an urgency to... |
2016 |
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| Jennifer Wriggins |
RESPONSE TO KEEPING CASES FROM BLACK JURIES: AN EMPIRICAL ANALYSIS OF HOW RACE, INCOME INEQUALITY, AND REGIONAL HISTORY AFFECT TORT LAW |
73 Washington and Lee Law Review Online 401 (September 21, 2016) |
Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the... |
2016 |
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| Thalia González |
RESTORATIVE JUSTICE FROM THE MARGINS TO THE CENTER: THE EMERGENCE OF A NEW NORM IN SCHOOL DISCIPLINE |
60 Howard Law Journal 267 (Fall, 2016) |
INTRODUCTION. 268 I. RESTORATIVE JUSTICE IN THEORY AND PRACTICE. 274 II. THEORIES OF NORMATIVE CHANGE. 280 III. THE NORM CHANGE PROPOSITION: ADVANCING A NEW UNDERSTANDING OF SCHOOL DISCIPLINE IN THE UNITED STATES. 285 A. Stage One: Norm Emergence. 286 1. California. 288 2. Colorado. 290 3. Illinois. 292 4. Maryland. 293 5. Pennsylvania. 295 B.... |
2016 |
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| Marilyn Armour |
RESTORATIVE PRACTICES: RIGHTING THE WRONGS OF EXCLUSIONARY SCHOOL DISCIPLINE |
50 University of Richmond Law Review 999 (March, 2016) |
Schools are beset with complex challenges in their efforts to educate students. The tough policies created to ensure safe learning environments appear to be increasingly ineffective, generating racial disproportionality in discipline, academic failure, high dropout rates, and a clear school-to-prison pipeline. The drive to meet the standards on... |
2016 |
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| John Felipe Acevedo |
RESTORING COMMUNITY DIGNITY FOLLOWING POLICE MISCONDUCT |
59 Howard Law Journal 621 (Spring 2016) |
INTRODUCTION. 622 I. POLICE MISCONDUCT AS A DIGNITY TAKING. 625 A. The Body as Property. 625 B. Applying Dignity Takings to Police Misconduct. 628 II. EXAMPLES AND EXISTING REMEDIES. 632 A. Department of Justice Investigations. 632 1. Ferguson Police Department. 633 2. New Orleans Police Department. 636 3. Maricopa County Sheriff's Office. 638 B.... |
2016 |
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| Elijah Yip |
RETALIATION CLAIM OF POLICE OFFICER SUSPENDED FOR FACEBOOK POSTS SENT TO TRIAL |
21 Hawaii Employment Law Letter 3 (November 1, 2016) |
It's generally a good practice to set standards for employees' online conduct to prevent social media activity from disrupting the workplace or tarnishing your organization's reputation. But the mere fact that an employee commented on a controversial subject on social media doesn't necessarily justify disciplinary action. That's especially true... |
2016 |
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