| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Kevin Bennardo |
RETHINKING VICTIM-BASED STATUTORY SENTENCING ENHANCEMENTS |
44 Florida State University Law Review 1 (Fall, 2016) |
Punishment enhancements that are triggered by some trait of the victim are deeply entrenched in American criminal statutes. The research underlying this Article identified over 120 distinct traits that a victim could possess that would statutorily enhance the offender's punishment. These enhancements are often based on an inherent trait of the... |
2016 |
|
| Rebekah Skiba |
RETURNING TO THE ROOTS OF THE CASTLE DOCTRINE: WHY RECENT STAND YOUR GROUND LAWS ARE IN LINE WITH THE NATURAL LAW |
10 Southern Journal of Policy and Justice 71 (Spring, 2016) |
As dusk befalls a warm September evening, Carefree Carrie walks down the street on her way home. Glimpsing a shady figure ahead, she cautiously crosses the street and keeps walking. The figure runs towards her waving something in her face exclaiming, Your money or your life! Perceiving a gun waved in her face and fearing for her life, Carrie... |
2016 |
|
| Stephen B. Bright |
RIGGED: WHEN RACE AND POVERTY DETERMINE OUTCOMES IN THE CRIMINAL COURTS |
14 Ohio State Journal of Criminal Law 263 (Fall, 2016) |
A Pennsylvania newspaper recently reported that many people sentenced to death in that state since 2005 were represented by lawyers who were drug and alcohol addicts, had histories of mishandling cases or were convicted felons. Eighteen percent of those sentenced to death had been represented by lawyers who had been disciplined for professional... |
2016 |
|
| Scott Wong |
Ryan calls for 'administrative action' against Clinton |
2016 The Hill 3608969 (July 6, 2016) |
Speaker Paul RyanPaul RyanRyan on Black Lives Matter: Have to respect different views Paul Ryan pans Trump's deportation plan Ryan scolds Ginsburg over Trump criticism MORE (R-Wis.) on Wednesday called on the State Department to take administrative action against Hillary ClintonHillary Rodham ClintonGOP platform gets Trump-ified Debate rages in... |
2016 |
|
| |
Safety and Health |
33 Law Enforcement Employment Bulletin 8 (November 1, 2016) |
A new report by Campaign Zero indicates that police departments with several use-of-force rules in place experienced the lowest rate of officer-involved killings nationwide, reported Newsy.com recently. On its Web site, Campaign Zero outlined several areas where, in its view, use-of-force policies lack basic protections against police violence,... |
2016 |
|
| Christopher N. Lasch |
SANCTUARY CITIES AND DOG-WHISTLE POLITICS |
42 New England Journal on Criminal and Civil Confinement 159 (Spring 2016) |
Before July 1, 2015, the story of the Sanctuary City had been told in three acts. Act One saw the rise of the Sanctuary City as a response to the perceived harshness of federal policy regarding El Salvadoran and Guatemalan refugees during the 1980s. San Francisco, for example, troubled by the low rate of asylum grants to the Central American... |
2016 |
|
| Benjamin Hedin |
SCANNING THE HORIZON OF SOCIAL JUSTICE: WHAT IS THE WAY FORWARD? |
41 Human Rights 2 (2016) |
Plenty of issues warrant attention as we imagine the course social justice and civil rights will take in the years ahead. A partial list includes police brutality, the school-to-prison pipeline, new forms of voter suppression, the consolidation of wealth and fight for a living wage, and access to health care. Debate on these fronts will doubtless... |
2016 |
|
| Barry Friedman |
SECRET POLICING |
2016 University of Chicago Legal Forum 99 (2016) |
This is a paper about secrecy and policing. It is written at a time of intense discussion about policing in America. There is widespread concern that policing agencies have lost the trust of the communities they are charged to police, and that the legitimacy of policing is at risk. Part of what is needed, no doubt, is greater transparency around... |
2016 |
|
| Susan R. Klein |
SENTENCING REDUCTIONS versus SENTENCING EQUALITY |
47 University of Toledo Law Review 723 (Spring, 2016) |
THE Sentencing Reform Act of 1984 was enacted by an odd conglomeration of Democrats and Republicans who agreed that federal sentences should be based upon relevant offender and offense characteristics, not including such things as race, gender, geography, ideological bent of the sentencing judge, military service or the employment history of a... |
2016 |
|
| Michele Goodwin , Naomi Duke, M.D. , Jaime Allgood |
SEX, DRUGS, & HIV: MASS INCARCERATION'S HIDDEN PROBLEM |
16 Houston Journal of Health Law & Policy 1 (2016) |
The United States' corrections system represents a significant source of HIV/AIDS risk that disproportionately impacts populations of color, as these populations experience disproportionately high rates of incarceration in the U.S. This Essay looks to the escalation of mass incarceration as a root cause for the dramatic and chilling rise in... |
2016 |
|
| Kenneth H. Fox , Rashad Turner |
SHIFTING THE LOCUS OF POWER IN PUBLIC ENGAGEMENT: THE REVOLUTION WILL NOT BE FUNDED BY THE NON-PROFIT INDUSTRIAL COMPLEX |
42 Mitchell Hamline Law Review 1508 (2016) |
I. Diverse Expertise on Public Engagement from Symposium Theme Leaders. 1508 II. Public Engagement Scholarship Supports the Theme Leaders' Messages. 1509 III. Recognize Assumptions in Order to Challenge the Status Quo. 1511 IV. Who Initiates Public Engagement?. 1511 V. The Role of Community-Based Advocacy Organizations. 1514 VI. Even... |
2016 |
|
| Scott Wong |
Speaker: Anti-terror bill will get vote |
2016 The Hill 3608965 (July 6, 2016) |
Facing a conservative revolt, Speaker Paul RyanPaul RyanRyan on Black Lives Matter: Have to respect different views Paul Ryan pans Trump's deportation plan Ryan scolds Ginsburg over Trump criticism MORE (R-Wis.) on Wednesday expressed confidence that anti-terrorism legislation would receive a vote on the House floor before Congress leaves town next... |
2016 |
|
| |
Spotlight |
12 Education Employment Law Bulletin 1 (November 1, 2016) |
by Rob Taylor, PhD One response by K-12 schools to the threat of people with guns opening fire on defenseless students has been the widespread hiring of school-based resource officers. A recent EdWeek report, citing the most up-to-date federal data, indicates that 30% of public schools reported that in 2013-2014 that they employed at least one... |
2016 |
|
| Brenda V. Smith |
STORIES OF TEACHING RACE, GENDER, AND CLASS: A NARRATIVE |
51 Washington University Journal of Law & Policy 11 (2016) |
This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other. The primary planners and hosts for the conference were clinical teachers and programs in the... |
2016 |
|
| Kathleen Nalty , © Kathleen Nalty Consulting LLC |
STRATEGIES FOR CONFRONTING UNCONSCIOUS BIAS |
45-MAY Colorado Lawyer 45 (May, 2016) |
So--what's in a name? Apparently, a lot. If you are named John, you will have a significant advantage over Jennifer when applying for a position, even if you both have the exact same credentials. If your name is Jose, you will get more callbacks if you change it to Joe. And if you're named Emily or Greg, you will receive 50% more callbacks for job... |
2016 |
|
| Sarah E. Morris |
TACKLING WORKPLACE BULLYING IN TORT: EMERGING EXTREME AND OUTRAGEOUS CONDUCT TEST AVERTS NEED FOR STATUTORY SOLUTION |
31 ABA Journal of Labor & Employment Law 257 (Winter, 2016) |
In 2013, Jonathan Martin, a starter for the Miami Dolphins professional football team, checked into a local hospital for psychological treatment after a year of repeated harassment by three teammates. The players had made persistent graphic sexual remarks and obscene gestures about Martin's sister and mother. Martin's teammates bombarded him with... |
2016 |
|
| Avram Bornstein, Anthony Marcus, Ric Curtis, Sarah Rivera, Rachel Swaner, John Jay College, CUNY, John Jay College, CUNY, John Jay College, CUNY, John Jay College, CUNY, Center for Court Innovation |
TELL IT TO THE JUDGE: PROCEDURAL JUSTICE AND A COMMUNITY COURT IN BROOKLYN |
39 PoLAR: Political and Legal Anthropology Review 206 (November, 2016) |
Based on direct observation inside and outside the courts and on interviews with one hundred residents and two hundred previous offenders, this article examines the performance of procedural justice in a community court in the Red Hook neighborhood in Brooklyn, New York. Results show that the community court is widely praised compared to the... |
2016 |
|
| Cynthia Estlund |
THE "CONSTITUTION OF OPPORTUNITY" IN POLITICS AND IN THE COURTS |
94 Texas Law Review 1447 (June, 2016) |
Here is a proposition that most American progressives today would endorse: Widely shared economic opportunity and a broad middle class flanked by neither an underclass nor an oligarchic overclass are essential to the health of our polity. Joseph Fishkin and William Forbath, in their book in progress, are brilliantly excavating a once-powerful,... |
2016 |
|
| Gerald N. Rosenberg |
THE BROKEN-HEARTED LOVER: ERWIN CHEMERINSKY'S ROMANTIC LONGINGS FOR A MYTHICAL COURT |
69 Vanderbilt Law Review 1075 (May, 2016) |
Introduction. 1076 I. The Role of the Supreme Court. 1078 II. Structural Limitations. 1083 A. The Selection Process. 1083 B. The Limits of Judicial Independence. 1085 III. Courts and Political Context. 1088 A. Dissident Speech, Racial Minorities, and War. 1088 B. Vindicating Rights. 1091 IV. The Institutional Constraints on Judicial Implementation.... |
2016 |
|
| Najee K. Thornton |
THE CALIFORNIA LOTTERY: HAVE SUBSTANTIAL DELAYS IN EXECUTION AND DUE PROCESS FAILURES RENDERED CALIFORNIA'S DEATH PENALTY ADMINISTRATION UNCONSTITUTIONAL? |
59 Howard Law Journal 847 (Spring 2016) |
INTRODUCTION. 848 I. BACKGROUND. 853 A. The Current State of Death Penalty Administration in the United States and California. 853 B. The Nature of Delay in California's Death Penalty Administration. 854 C. The Result of California's Systemic Delay in Death Penalty Administration. 856 II. THE EIGHTH AMENDMENT'S BAN ON CRUEL AND UNUSUAL... |
2016 |
|
| Sean Nolon |
THE CHALLENGES AND OPPORTUNITIES CONFRONTING MODERN PUBLIC POLICY MEDIATORS |
22 Dispute Resolution Magazine 35 (Winter, 2016) |
Because public policy mediation involves negotiation with multiple parties, includes a range of decision-making processes, and often occurs over a long period of time, mediators in this arena confront a unique array of challenges. These responsibilities, along with many others, present unique challenges that don't exist in other practice areas.... |
2016 |
|
| Tim Eigo |
THE COURAGE OF MEMORY |
52-MAR Arizona Attorney 4 (March, 2016) |
How do We recognize courage in our midst? More difficult, how do we replicate it? As I write this, moving words spoken at the annual Phoenix Martin Luther King, Jr., breakfast ring in my ears. Events like this re-teach many lessons, among them the message that our history is not ancient. But on our worst days as a nation, the lessons themselves dim... |
2016 |
|
| Donna Lieberman , Kara Dansky |
THE DEGRADATION OF CIVIL SOCIETY AND HYPER-AGGRESSIVE POLICING IN COMMUNITIES OF COLOR IN NEW YORK CITY |
37 Cardozo Law Review 955 (February, 2016) |
Their safety was in schools, portfolios, and skyscrapers. Ours was in men with guns who could only view us with the same contempt as the society that sent them. Introduction. 956 I. Crime Trends in New York City. 957 II. Ways of Keeping Communities Safe. 959 III. The Degradation of Communities of Color in New York City and the Introduction of... |
2016 |
|
| Ashutosh Bhagwat |
THE DEMOCRATIC FIRST AMENDMENT |
110 Northwestern University Law Review 1097 (2016) |
Abstract--Over the past several decades, the Supreme Court and most First Amendment scholars have taken the position that the primary reason why the First Amendment protects freedom of speech is to advance democratic self-governance. In this Article, I will argue that this position, while surely correct insofar as it goes, is also radically... |
2016 |
|
| Kermit V. Lipez |
THE FIRST AMENDMENT AND THE POLICE IN THE DIGITAL AGE |
17 Journal of Appellate Practice and Process 193 (Fall, 2016) |
In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those--a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities that they... |
2016 |
|
| Elise C. Boddie |
THE FUTURE OF AFFIRMATIVE ACTION |
130 Harvard Law Review Forum 38 (November, 2016) |
It is hard to remember a time in recent memory when the problems of racial injustice have been more visible and the need to promote opportunities for people of different racial and ethnic backgrounds has seemed more urgent. The very rawness and extent of these injustices are too disturbing to bear: videos of police killing unarmed African... |
2016 |
|
| Meagen K. Monahan |
THE GREEN BOOK SAFELY NAVIGATING JIM CROW AMERICA |
20 Green Bag 43 (Autumn, 2016) |
In the following pages, you will discover a re-publication of a mid-twentieth century travel guide titled The Negro Motorist Green Book, but commonly referred to as The Green Book. Published from 1936 through 1967, this travel guide catered exclusively to black motorists and vacationers. During this period, due to the increased availability of... |
2016 |
|
| Elise C. Boddie |
THE INDIGNITIES OF COLOR BLINDNESS |
64 UCLA Law Review Discourse 64 (2016) |
Introduction. 66 I. Dignity and the Whole Person. 73 II. The Dignitary Harms of Compelled Invisibility. 77 III. Equal Dignity in Higher Education Affirmative Action. 83 Conclusion. 88 Imagine an applicant to a public university who is an accomplished pianist, grew up in a rural town in central Texas, and is African American. Each of these aspects... |
2016 |
|
| Sara K. Rankin |
THE INFLUENCE OF EXILE |
76 Maryland Law Review 4 (2016) |
Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls the influence of exile, reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups' access to public space. Jim Crow,... |
2016 |
|
| New England Journal on Criminal, Civil Confinement |
THE INTERSECTION OF RACIAL JUSTICE AND CRIMINAL JUSTICE IN MASSACHUSETTS: INTERVIEW WITH RAHSAAN HALL |
42 New England Journal on Criminal and Civil Confinement 39 (Winter 2016) |
At a time when scores of impassioned debates at the intersection of criminal justice and racial discrimination are ringing throughout the United States, civil rights attorney Rahsaan Hall has taken an emboldened lead in local reform efforts as Director of American Civil Liberties Union of Massachusetts' Racial Justice Program. Attorney Hall has... |
2016 |
|
| G. Flint Taylor |
THE LONG PATH TO REPARATIONS FOR THE SURVIVORS OF CHICAGO POLICE TORTURE |
11 Northwestern Journal of Law & Social Policy 330 (Spring, 2016) |
In the early 1970s, a Chicago police detective named Jon Burge began a nearly twenty-year reign of police terror that was visited upon more than 120 almost exclusively African-American men who were interrogated at police stations on the South and West sides of Chicago. Burge, working with a unit of white detectives who came to be known as the... |
2016 |
|
| Tomiko Brown-Nagin |
THE MENTORING GAP |
129 Harvard Law Review Forum 303 (May, 2016) |
Recent protests on college campuses have exposed a paradox. Despite universities' commitment to diversity, true inclusion -- a sense of community across lines of race, class, and culture -- can be elusive in higher education. Initially thrilled to receive offers of admission to selective universities, students from underrepresented communities... |
2016 |
|
| Mark S. Brodin |
THE MURDER OF BLACK MALES IN A WORLD OF NON-ACCOUNTABILITY: THE SURREAL TRIAL OF GEORGE ZIMMERMAN FOR THE KILLING OF TRAYVON MARTIN |
59 Howard Law Journal 765 (Spring 2016) |
Nothing predicts future behavior as much as past impunity. [N]othing makes you feel more black in America than experiencing police mistreatment. Very few modern oppressions convey the permanence of racism-- individual and institutional--like the ritual of unpunished police abuse. In the face of the ugly violence against civil rights protesters... |
2016 |
|
| Kate Andrias |
THE NEW LABOR LAW |
126 Yale Law Journal 2 (October, 2016) |
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law's most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several... |
2016 |
|
| Steven Shapiro , Melissa Murray , Kevin M. Cathcart , Eliza Byard |
THE NEXT CHAPTER IN THE STRUGGLE FOR LGBTQIA EQUALITY: TRANSCRIPT |
19 NYU Journal of Legislation and Public Policy 469 (2016) |
This panel explored issues that continue to pose challenges for the lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA) community in the wake of the Supreme Court's decision in Obergefell v. Hodges, and that are now at the forefront of the movement for LGBTQIA rights. This includes second generation issues that arise... |
2016 |
|
| Lisa Blomgren Amsler |
THE NEXT GENERATION'S VOICE: COMMUNITY, CONFLICT, AND DEMOCRACY |
31 Ohio State Journal on Dispute Resolution 151 (2016) |
I. Introduction A. Collaborative Governance and the NextGen's Voice B. What Challenges Face the NextGen? II. Is Democracy at Risk for the NextGen? Elections and Voting Rights A. What Factors Affect the Next Gen's Electoral Participation? B. Community, Civic Engagement, and the NextGen C. What Does the NextGen Want? D. The Big Picture: Democracy and... |
2016 |
|
| Fanna Gamal |
THE RACIAL POLITICS OF PROTECTION: A CRITICAL RACE EXAMINATION OF POLICE MILITARIZATION |
104 California Law Review 979 (August, 2016) |
Across the country, police departments are using aggressive, military-style tactics and weapons to enforce the law. More recently, the state of police militarization displayed in cities like Ferguson and Baltimore raises deep questions about the ethics of paramilitary policing and its consequences for minority citizenship and inclusion. This Note... |
2016 |
|
| Jasper L. Tran |
THE RIGHT TO ATTENTION |
91 Indiana Law Journal 1023 (Spring, 2016) |
In the future, our attention will be sold. What marketing, contracts, and healthcare-specifically informed consent and mandatory ultrasounds-have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator's perspective (e.g., how much information the communicator discloses) or on... |
2016 |
|
| Devon O'Connell |
THE RULE OF LAW: A LAWYER'S ROLE |
39-OCT Wyoming Lawyer 18 (October, 2016) |
If men were angels, no government would be necessary. ~ James Madison, Federalist #51 The theme for this year's Bar Convention was Rule of Law, Justice for All. For those of you who could not attend and/or live streamed, the opening session dealt solely and squarely with this issue. The speaker was Lt. General Rich Harding, an expert in the... |
2016 |
|
| Paul Butler |
THE SYSTEM IS WORKING THE WAY IT IS SUPPOSED TO: THE LIMITS OF CRIMINAL JUSTICE REFORM |
104 Georgetown Law Journal 1419 (August, 2016) |
Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made... |
2016 |
|