| Author | Title | Citation | Summary | Year | Key Terms |
| L. Song Richardson |
POLICE RACIAL VIOLENCE: LESSONS FROM SOCIAL PSYCHOLOGY |
83 Fordham Law Review 2961 (May, 2015) |
The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island,... |
2015 |
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| Kenneth Lawson |
POLICE SHOOTINGS OF BLACK MEN AND IMPLICIT RACIAL BIAS: CAN'T WE ALL JUST GET ALONG |
37 University of Hawaii Law Review 339 (Spring, 2015) |
I am an invisible man. No, I am not a spook like those who haunted Edgar Allen Poe; nor am I one of your Hollywood movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Like the bodiless heads you see sometimes... |
2015 |
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| Karson Kampfe |
POLICE-WORN BODY CAMERAS: BALANCING PRIVACY AND ACCOUNTABILITY THROUGH STATE AND POLICE DEPARTMENT ACTION |
76 Ohio State Law Journal 1153 (2015) |
I. Introduction. 1154 II. Current Use of Police-Worn Body Cameras. 1156 III. Benefits of Police-Worn Body Cameras. 1161 A. Mutual Benefits. 1162 B. Public Benefits. 1163 C. Police Benefits. 1164 1. Lawsuits and Civil Complaints. 1165 2. Training. 1166 3. Efficiency. 1166 4. Context. 1167 IV. Problems with Police-Worn Body Cameras. 1169 A. Negative... |
2015 |
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| Michael Pinard |
POOR, BLACK AND "WANTED": CRIMINAL JUSTICE IN FERGUSON AND BALTIMORE |
58 Howard Law Journal 857 (Spring, 2015) |
INTRODUCTION. 857 I. THE TELLING OF TWO CITIES--DEMOGRAPHICS AND CRIMINAL JUSTICE. 862 II. STUCK IN THE SYSTEM: WARRANTS IN FERGUSON AND BALTIMORE. 867 III. POTENTIAL REFORMS--LESSONS FROM FERGUSON. 872 EPILOGUE. 877 |
2015 |
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| Jennifer M. Chacón |
PRODUCING LIMINAL LEGALITY |
92 Denver University Law Review 709 (2015) |
Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating. These legal categories function simultaneously as a means to effectuate administrative resource conservation through community-oriented risk management strategies and as a form of preservation through transformation that enable governmental actors to... |
2015 |
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| Philip C. Aka, Aref A. Hervani, Elizabeth Arnott-Hill |
PROTECTION AGAINST THE ECONOMIC FEARS OF OLD AGE: SIX MICRO AND MACRO STEPS FOR BRIDGING THE GAP IN RETIREMENT SECURITY BETWEEN BLACKS AND WHITES |
40 Vermont Law Review 1 (Fall, 2015) |
Introduction and Purpose of Study. 2 I. Depicting the Shape of the Retirement Security Gap Between Blacks and Whites. 7 II. Historical Backdrop: Protection Against the Economic Fears of Old Age. 15 III. A Parade of Six Micro and Macro Steps for Closing the Gap in Retirement Security Between Blacks and Whites. 23 A. Micro Steps. 26 1. Social... |
2015 |
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| Andrea Y. Simpson |
PUBLIC HAZARD, PERSONAL PERIL: THE IMPACT OF NON-GOVERNMENTAL ORGANIZATIONS IN THE ENVIRONMENTAL JUSTICE MOVEMENT |
18 Richmond Journal of Law and the Public Interest 515 (Symposium 2015) |
I. Introduction II. The Environmental Justice Movement and Legal Remedies A. A Brief History of the Environmental Justice Movement B. Legal Remedies to Environmental Justice Claims III. Non-Governmental Organizations and Environmental Justice A. The Velsicol Chemical Corporation IV. The Elusiveness of Agency V. Conclusion Many of us who came of age... |
2015 |
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| Natsu Taylor Saito |
RACE AND DECOLONIZATION: WHITENESS AS PROPERTY IN THE AMERICAN SETTLER COLONIAL PROJECT |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... |
2015 |
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| R.A. Lenhardt |
RACE, DIGNITY, AND THE RIGHT TO MARRY |
84 Fordham Law Review 53 (October, 2015) |
Justice Kennedy's majority opinion in Obergefell v. Hodges asserts legal marriage's capacity to afford same-sex couples a measure of equal dignity and belonging too long denied. In this Essay, I ask whether there is any reason to believe that marriage could do the same for African Americans. Could broader entrance into marriage, as some... |
2015 |
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| Robert J. Smith |
REDUCING RACIALLY DISPARATE POLICING OUTCOMES: IS IMPLICIT BIAS TRAINING THE ANSWER? |
37 University of Hawaii Law Review 295 (Spring, 2015) |
While public defenders, civil rights organizations, and academics have long championed the reduction of racially disparate policing outcomes, their chorus has added some transformational actors recently. Attorney General Eric Holder, for instance, has called for rigorous new standards to help end racial profiling. The police chief of Richmond,... |
2015 |
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| Chuck Henson |
REFLECTIONS ON FERGUSON: WHAT'S WRONG WITH BLACK PEOPLE? |
80 Missouri Law Review 1013 (Fall, 2015) |
After Officer Darren Wilson shot and killed Michael Brown on August 9, 2014, it seemed as if it was the summer of 1967 again. The same series of events that happened in Newark and Detroit in 1967 happened in Ferguson, Missouri, in 2014. A white man shot and killed a black man. The predominantly black population protested, rioted, and looted. The... |
2015 |
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| Reginald Leamon Robinson |
SEEN BUT NOT RECOGNIZED: BLACK CAREGIVERS, CHILDHOOD CRUELTIES, AND SOCIAL DISLOCATIONS IN AN INCREASINGLY COLORED AMERICA |
117 West Virginia Law Review 1273 (Spring, 2015) |
I. Introduction. 1274 II. A Child's Basic Need for Recognition: Does Childhood Cruelty Correlate with or Cause Social Dislocations (or Self-Perpetuating Pathologies)?. 1284 A. Miller, Perry, and van der Kolk: A Conceptual Framework. 1284 B. Our Nation's Most Preventable Cruelty. 1290 C. The Brain's Response to Present, Immediate Threat of Childhood... |
2015 |
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| Mario L. Barnes |
TAKING A STAND?: AN INITIAL ASSESSMENT OF THE SOCIAL AND RACIAL EFFECTS OF RECENT INNOVATIONS IN SELF-DEFENSE LAWS |
83 Fordham Law Review 3179 (May, 2015) |
[I]t's time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if -- and the if is important -- no safe retreat is available. Perhaps, not surprisingly, the... |
2015 |
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| Scott L. Cummings |
TEACHING MOVEMENTS |
65 Journal of Legal Education 374 (November, 2015) |
As a rule, I am not a fan of the wired classroom. Too many distractions. However, on November 24, 2014, I confronted a dilemma. The country was expecting an announcement from the St. Louis County prosecutor about whether a grand jury had decided to return an indictment against white police officer Darren Wilson, who had shot and killed an unarmed... |
2015 |
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| Michael C. Duff |
THE COWBOY CODE MEETS THE SMASH MOUTH TRUTH: MEDITATIONS ON WORKER INCIVILITY |
117 West Virginia Law Review 961 (Spring, 2015) |
I. Introduction. 961 II. Channeling the Prince. 964 III. Welcome to the Grand Illusion. 967 IV. When All the Dime-Dancing Is Through. 970 V. A Moral Turn. 973 VI. The Ends of Resistance as Viewed by Workers. 976 VII. Transforming an Anti-Labor Environment. 980 VIII. A Beautiful Incivility. 981 IX. Conclusion: The Pursuit of Zealous Advocacy. 985 |
2015 |
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| Jelani Jefferson Exum |
THE DEATH PENALTY ON THE STREETS: WHAT THE EIGHTH AMENDMENT CAN TEACH ABOUT REGULATING POLICE USE OF FORCE |
80 Missouri Law Review 987 (Fall, 2015) |
The use of force by police officers has traditionally been analyzed through the lens of Fourth Amendment reasonableness. The Supreme Court has decided that the proper question regarding the excessiveness of police force is whether the police officer acted as a reasonable law enforcement officer. When that police force is fatal--what this Article... |
2015 |
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| Karena Rahall |
THE GREEN TO BLUE PIPELINE: DEFENSE CONTRACTORS AND THE POLICE INDUSTRIAL COMPLEX |
36 Cardozo Law Review 1785 (June, 2015) |
Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police... |
2015 |
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| Marielle A. Moore |
THE NEXT STAGE OF POLICE ACCOUNTABILITY: LAUNCHING A POLICE BODY-WORN CAMERA PROGRAM IN WASHINGTON, D.C. |
14 Seattle Journal for Social Justice 145 (Summer, 2015) |
We are not just out here because we want police reform. We are not just out here because we want police to wear cameras, and though we think that will help, we are not out here just because we think the police department is the problem. We're out here because there is a systematic and consistent effort to dehumanize and criminalize people of color... |
2015 |
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| Elizabeth B. Cooper |
THE POWER OF DIGNITY |
84 Fordham Law Review 3 (October, 2015) |
When I was born, in 1961, the American Psychiatric Association (APA) considered homosexuality a mental disorder and the Stonewall Rebellion was eight years away. When I was in college, in the early 1980s, I was informed that as a gay person I might not satisfy the character and fitness requirement for admission to the bar. And when I attended my... |
2015 |
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| Harold McDougall |
THE REBELLIOUS LAW PROFESSOR: COMBINING CAUSE AND REFLECTIVE LAWYERING |
65 Journal of Legal Education 326 (November, 2015) |
In 1992, Gerald López argued that progressive lawyering requires the practitioner to rethink the practice of law, the needs of the community, and the relationship between the two. He urged progressive lawyers to rebel against reigning (regnant ) patterns of law and practice that serve only to reinforce the established order and alienate... |
2015 |
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| Joey L. Mogul |
THE STRUGGLE FOR REPARATIONS IN THE BURGE TORTURE CASES: THE GRASSROOTS STRUGGLE THAT COULD |
21 Public Interest Law Reporter 209 (Symposium, 2015) |
On May 6, 2015, the City of Chicago passed unprecedented legislation providing reparations to Black people tortured by a former Chicago Police Commander and a ring of detectives under his command. This historic moment was the culmination of a forty-year struggle that involved decades of litigation, organizing and investigative journalism. It is... |
2015 |
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| Vinay Harpalani |
TO BE WHITE, BLACK, OR BROWN? SOUTH ASIAN AMERICANS AND THE RACE-COLOR DISTINCTION |
14 Washington University Global Studies Law Review 609 (2015) |
People often use race and color terminology interchangeably in common parlance. When the renowned African American scholar W.E.B. Du Bois stated that the problem of the twentieth century is the problem of the color line, he was referring to rampant and overt racism faced by African Americans and non-European peoples all over the world. Within the... |
2015 |
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| Hannah Jayne Peck |
TRADEMARKING TRAGEDY: THE EMERGENCE OF A NEW PHENOMENON AND HOW TRADEMARK LAW AND POLICY MUST REACT IN A DIGITAL AGE |
18 Tulane Journal of Technology and Intellectual Property 203 (Fall 2015) |
I. Introduction. 204 II. General Overview of Trademark Protection. 205 III. Classifying a Mark Using the Second Circuit's Abercrombie & Fitch Co. v. Hunting World Inc. Distinctiveness Spectrum To Determine the Level of Protection. 206 IV. Intersection of Trademark Law and Human Tragedy. 207 A. Boston Strong: In-Depth Analysis of an Attempt To... |
2015 |
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| Sherri Lee Keene |
VICTIM OR THUG? EXAMINING THE RELEVANCE OF STORIES IN CASES INVOLVING SHOOTINGS OF UNARMED BLACK MALES |
58 Howard Law Journal 845 (Spring, 2015) |
INTRODUCTION. 845 I. DIVERSE PERSPECTIVES ABOUT THE ROLE OF RACE IN THE AMERICAN LEGAL SYSTEM. 847 II. THE ROLE OF STORIES IN JURY DECISION-MAKING. 849 III. STORIES ABOUT UNARMED AFRICAN AMERICAN MALES SHOT BY POLICE. 851 IV. ADDRESSING RACE IN THE COURTROOM. 854 |
2015 |
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| Samuel Issacharoff |
VOTING RIGHTS AT 50 |
67 Alabama Law Review 387 (2015) |
The fiftieth anniversary of the Voting Rights Act comes at a difficult juncture. The Supreme Court's decision in Shelby County dismantled the core preclearance provisions of what had been the most successful civil rights law in American history. At the same time, the right to cast a ballot free of unnecessary legal encumbrances is more contested... |
2015 |
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| Steven P. Aggergaard |
WHEN "PUBLIC SPACE" ISN'T PUBLIC |
72-JUN Bench and Bar of Minnesota 28 (May/June, 2015) |
The Black Lives Matter protesters who rallied inside the Mall of America last December drew attention not only to police practices and race relations, but also the rights to assemble and speak at shopping malls and other private property. Or, stated more accurately, the lack of such rights. The protesters were warned that the law of the mall had... |
2015 |
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| Terry Smith |
WHITE BACKLASH IN A BROWN COUNTRY |
50 Valparaiso University Law Review 89 (Fall, 2015) |
I would like to honestly say to you that the white backlash is merely a new name for an old phenomenon . . . . It may well be that shouts of Black Power and riots in Watts and the Harlems and the other areas, are the consequences of the white backlash rather than the cause of them. Table of Contents I. Introduction. 90 II. Privilege as Addiction,... |
2015 |
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| Erin M. Kerrison, Ph.D. |
WHITE CLAIMS TO ILLNESS AND THE RACE-BASED MEDICALIZATION OF ADDICTION FOR DRUG-INVOLVED FORMER PRISONERS |
31 Harvard Journal on Racial & Ethnic Justice 105 (Spring 2015) |
Critical Race Theory scholars have long argued that the War on Drugs is a war waged against low-income, black urban citizens. However, as the spotlight has shifted somewhat from policing street drug use and trafficking among poor, inner-city blacks, to concerns about the chronic pharmaceutical substance abuse of middle- and upper-class white... |
2015 |
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| Cheryl I. Harris |
WHITENESS AS PROPERTY: A TWENTY YEAR APPRAISAL |
31 Harvard Journal on Racial & Ethnic Justice 148 (Spring, 2015) |
The publication of this volume is an honor for which I extend my sincere thanks to the editors, to the contributors and to all who participated in its production. The articles contained here, while invoking Whiteness as Property as inspiration (or perhaps provocation), make unique and important contributions in their own right. Together they... |
2015 |
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| Khaled A. Beydoun |
WHY FERGUSON IS OUR ISSUE: A LETTER TO MUSLIM AMERICA |
31 Harvard Journal on Racial & Ethnic Justice 1 (Spring 2015) |
Dear Muslim America: Ferguson is your issue. Ferguson is our issue. For a range of reasons that go well beyond passive commitment to civil rights or symbolic solidarity, Muslim-Americans are bound to Ferguson --and the piercing demand calling for an end to state-sponsored, structural violence against Black America that reverberates from its... |
2015 |
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| Larry Redmond |
WHY WE NEED COMMUNITY CONTROL OF THE POLICE |
21 Public Interest Law Reporter 226 (Symposium, 2015) |
Police in the United States of America in the twenty-first century are out of control. The news of a police officer killing a Black man is so common today, it is causing many of us to become more and more enraged. We all know the names Walter Scott, Eric Garner, Michael Brown, Tamir Rice, Rekia Boyd and Laquan McDonald. These names have been... |
2015 |
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| Richard D. Felice |
WORDS WORTH REPEATING |
103 Illinois Bar Journal 8 (February, 2015) |
In this era of mistrust and polarization, Justice Thomas calls on Illinois lawyers and judges to commit themselves to unimpeachable justice. At the ISBA/IJA Midyear Meeting in Chicago, I had the distinct honor during the Supreme Court Dinner on December 12 to introduce Justice Robert R. Thomas as the keynote speaker. The former chief justice and... |
2015 |
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| Laverne Lewis Gaskins |
JUSTICE DEMANDS THAT BLACK LIVES MATTER |
19-DEC NBA National Bar Association Magazine 26 (December, 2014) |
On December 13, 2014, the call for justice and demand for society's recognition of all its people was heard across the nation, and the world, in the collective voices of thousands who participated in the March on Washington and declared, Black Lives Matter! President Meanes was one of the featured speakers. During her address, President Meanes... |
2014 |
Most Relevant |
| Laverne Lewis Gaskins |
JUSTICE DEMANDS THAT BLACK LIVES MATTER |
19-DEC NBA National Bar Association Magazine 26 (December, 2014) |
On December 13, 2014, the call for justice and demand for society's recognition of all its people was heard across the nation, and the world, in the collective voices of thousands who participated in the March on Washington and declared, Black Lives Matter! President Meanes was one of the featured speakers. During her address, President Meanes... |
2014 |
Most Relevant |
| Darren Lenard Hutchinson |
"CONTINUALLY REMINDED OF THEIR INFERIOR POSITION": SOCIAL DOMINANCE, IMPLICIT BIAS, CRIMINALITY, AND RACE |
46 Washington University Journal of Law & Policy 23 (2014) |
The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... |
2014 |
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| Mike Lillis |
Brown family condemns 'broken system' |
2014 The Hill 6653456 (November 25, 2014) |
Brown family attorney: 'Strive to make a difference.' |
2014 |
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| Marissa Jackson |
CROSSING THE BRIDGE: AFRICAN-AMERICANS AND THE NECESSITY OF A 21ST CENTURY HUMAN RIGHTS MOVEMENT |
5 Human Rights & Globalization Law Review 56 (Fall, 2013-Spring, 2014) |
We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you're fighting on the level of civil rights, you're under Uncle Sam's jurisdiction. You're going to his court expecting him to correct the problem. He created the problem. He's the criminal.... |
2014 |
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| Justin D. Levinson , Robert J. Smith , Danielle M. Young |
DEVALUING DEATH: AN EMPIRICAL STUDY OF IMPLICIT RACIAL BIAS ON JURY-ELIGIBLE CITIZENS IN SIX DEATH PENALTY STATES |
89 New York University Law Review 513 (May, 2014) |
Stark racial disparities define America's relationship with the death penalty. Though commentators have scrutinized a range of possible causes for this uneven racial distribution of death sentences, no convincing evidence suggests that any one of these factors consistently accounts for the unjustified racial disparities at play in the... |
2014 |
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| Ben Kamisar |
House Dem urges grand jury reform after Brown, Garner decisions |
2014 The Hill 6994734 (December 12, 2014) |
Huge Anti-police Violence Protests Set for D.C. and NYC |
2014 |
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| Toussaint Cummings |
I THOUGHT HE HAD A GUN: AMENDING NEW YORK'S JUSTIFICATION STATUTE TO PREVENT POLICE OFFICERS FROM MISTAKENLY SHOOTING UNARMED BLACK MEN |
12 Cardozo Public Law, Policy and Ethics Journal 781 (Summer 2014) |
And see now we got these fake cops They thought he had a gun (BAM!!) Made a mistake cops I hate cops . . . Got it bad cause I'm brown And not the other color So police think They have the authority To kill a minority Introduction. 783 I. How The Stereotypical Association of Black Men With Crime Influences Police officers' Decisions to Shoot. 787 A.... |
2014 |
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| Jasmine B. Gonzales Rose |
INTRODUCTION |
75 University of Pittsburgh Law Review 429 (Summer, 2014) |
Critical Race Theory is dead. This was the message the Editor-in-Chief of the University of Pittsburgh Law Review received when he approached an advisor about the prospect of commemorating the 75th volume of the Law Review by dedicating a symposium and printed issue in honor of esteemed alumnus, the-late Derrick A. Bell, Jr. (L.L.B. 1957). Moved... |
2014 |
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| Aya Gruber |
MURDER, MINORITY VICTIMS, AND MERCY |
85 University of Colorado Law Review 129 (Winter 2014) |
Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding no. Theorists argue that criminal laws should... |
2014 |
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| Aya Gruber |
RACE TO INCARCERATE: PUNITIVE IMPULSE AND THE BID TO REPEAL STAND YOUR GROUND |
68 University of Miami Law Review 961 (Summer 2014) |
Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The idea now ingrained in the minds of many racial justice-seekers is that only by narrowing the definition of self-defense (and thereby generally strengthening murder law) can we ensure... |
2014 |
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| Phyllis Goldfarb |
RACE, EXCEPTIONALISM, AND THE AMERICAN DEATH PENALTY: A TRAGEDY IN MANY ACTS |
48 New England Law Review 691 (Summer 2014) |
The American death penalty is exceptional in multiple senses of the word. It is exceptional in that the form it takes is unique to American culture. Understanding the American death penalty, then, requires an understanding of the role it plays in American life and in its history, particularly in its complex history of race. The death penalty is... |
2014 |
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| Natsu Taylor Saito |
TALES OF COLOR AND COLONIALISM: RACIAL REALISM AND SETTLER COLONIAL THEORY |
10 Florida A & M University Law Review 1 (Fall 2014) |
Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The... |
2014 |
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| Nicholas J. Johnson |
FIREARMS POLICY AND THE BLACK COMMUNITY: AN ASSESSMENT OF THE MODERN ORTHODOXY |
45 Connecticut Law Review 1491 (July, 2013) |
The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And... |
2013 |
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| Robert J. Cottrol , Raymond T. Diamond |
IN THE CIVIC REPUBLIC: CRIME, THE INNER CITY, AND THE DEMOCRACY OF ARMS-BEING A DISQUISITION ON THE REVIVAL OF THE MILITIA AT LARGE |
45 Connecticut Law Review 1605 (July, 2013) |
This Article examines the modern utility of the Second Amendment's guarantee of the right to keep and bear arms in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right... |
2013 |
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| Stephen Clowney |
LANDSCAPE FAIRNESS: REMOVING DISCRIMINATION FROM THE BUILT ENVIRONMENT |
2013 Utah Law Review 1 (2013) |
At its core, this Article argues that the everyday landscape is one of the most overlooked instruments of modern race-making. Drawing on evidence from geography and sociology, the Article begins by demonstrating that the built environment inscribes selective and misleading versions of the past in solid, material forms. These narratives--told... |
2013 |
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| Andrew E. Taslitz |
RACIAL THREAT VERSUS RACIAL EMPATHY IN SENTENCING--CAPITAL AND OTHERWISE |
41 American Journal of Criminal Law 1 (Winter 2013) |
I. Introduction. 2 II. Empathy, Race, and the Capital Jury. 5 A. Overview. 6 1. Racial Bias in Black Offender-White Victim Dyads Undermines Empathy for the Defendant. 6 2. Lost Empathy for the Defendant Deindividuates His Character and Suffering. 7 a. Stereotypes and Racial Threat. 7 b. Retribution and Racial Insult. 8 B. Empathy-Relevant Features... |
2013 |
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| Aviam Soifer |
FEDERAL PROTECTION, PATERNALISM, AND THE VIRTUALLY FORGOTTEN PROHIBITION OF VOLUNTARY PEONAGE |
112 Columbia Law Review 1607 (November, 2012) |
The Peonage Abolition Act of 1867 abolished voluntary as well as involuntary servitude. Congress did this in sweeping terms, based on the Enforcement Clause of the Thirteenth Amendment, but Congress explicitly extended protections beyond those proclaimed in Section 1 of that Amendment. The historical context makes it clear that the men of the... |
2012 |
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