| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Cynthia Godsoe |
THE PLACE OF THE PROSECUTOR IN ABOLITIONIST PRAXIS |
69 UCLA Law Review 164 (March, 2022) |
Progressive prosecutors have been widely hailed as the solution to mass incarceration. This Article argues, to the contrary, that the legal arm of law enforcement can never be the full answer to its problems. While scholars critique police and call to defund and dismantle them, they overlook prosecutors. Building on the work of abolitionist... |
2022 |
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| Alaina Heuring |
THIRD TIME'S A CHARM: THE CASE FOR BAN THE BOX LEGISLATION IN IDAHO |
58 Idaho Law Review 288 (2022) |
A growing chorus of legislative bodies have enacted legislation signaling an about-face to the nation's tough on crime criminal justice approach. Ban the box legislation, which prohibits employers' ability to inquire into a job applicant's criminal history, has found a home in the majority of U.S. states' laws today. The ban the box movement... |
2022 |
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| Kimberlé Williams Crenshaw |
THIS IS NOT A DRILL: THE WAR AGAINST ANTIRACIST TEACHING IN AMERICA |
68 UCLA Law Review 1702 (February, 2022) |
On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and... |
2022 |
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| Rachael Liebert |
TRAUMA AND BLAMEWORTHINESS IN THE CRIMINAL LEGAL SYSTEM |
18 Stanford Journal of Civil Rights & Civil Liberties 225 (May, 2022) |
Violence can result in trauma, but so too can trauma lead to violence. Neuroscience offers an increasingly sophisticated understanding of the biology of behavior, including the nexus between trauma and criminal behavior. Yet the criminal legal system consistently fails to account for the traumatic backgrounds of many people charged with crimes.... |
2022 |
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| Michael Heise, Jason P. Nance |
"DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS |
111 Journal of Criminal Law and Criminology 717 (Summer, 2021) |
Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... |
2021 |
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African/Black American |
| Lisa Kelly |
ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE |
17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) |
The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... |
2021 |
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African/Black American |
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Black Deaths Matter: Disparities in Gun Homicides, Policing, and News Coverage in Chicago |
57 Criminal Law Bulletin 2 (2021) |
Affiliated Scholar, American Bar Foundation. I am deeply indebted to: Laura Beth Nielsen, Research Professor at the American Bar Foundation and Director of the Center for Legal Studies at Northwestern University; Janice Nadler, the Nathaniel L. Nathanson Professor of Law at Northwestern Pritzker School of Law; and John Hagan, the John D. MacArthur... |
2021 |
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African/Black American |
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BLACK LIVES DISCOUNTED: ALTERING THE STANDARD FOR VOIR DIRE AND THE RULES OF EVIDENCE TO BETTER ACCOUNT FOR IMPLICIT RACIAL BIASES AGAINST BLACK VICTIMS IN SELF-DEFENSE CASES |
134 Harvard Law Review 1521 (February, 2021) |
Because of implicit biases, information about the victims of violence--such as their criminal records, physical appearances, and lifestyles--can be exploited in an attempt to justify the harm that was inflicted upon them. In particular, there is a substantial risk that defendants tried for acts of violence against Black victims will attempt to... |
2021 |
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African/Black American |
| Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
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African/Black American |
| James W. Fox Jr. |
BLACK PROGRESSIVISM AND THE PROGRESSIVE COURT |
130 Yale Law Journal Forum 398 (January 6, 2021) |
In the 1910s the Supreme Court responsible for Lochner v. United States and Plessy v. Ferguson supported African American rights in cases such as Bailey v. Alabama and Buchanan v. Warley. Scholars have struggled to explain how the disparate doctrinal paths of Lochner and Plessy led to the seemingly equality-friendly cases of the 1910s.... |
2021 |
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African/Black American |
| Jordan Martin |
BREONNA TAYLOR: TRANSFORMING A HASHTAG INTO DEFUNDING THE POLICE |
111 Journal of Criminal Law and Criminology 995 (Fall, 2021) |
How can modern policing be reformed to address police violence against Black women when it can occur at no fault of their own and end with a shower of bullets in the middle of the night while within the sanctity of their own home? What is accomplished when her name is said but justice is never achieved? What good does it do when her story is... |
2021 |
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African/Black American |
| Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... |
2021 |
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African/Black American |
| Marvel L. Faulkner |
DEAR COURTS: I, TOO, AM A REASONABLE MAN |
48 Pepperdine Law Review 223 (January, 2021) |
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American... |
2021 |
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African/Black American |
| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
47 Mitchell Hamline Law Review 224 (November, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America's law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial... |
2021 |
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African/Black American |
| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
105 Minnesota Law Review Headnotes 481 (Spring, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at Americas law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact... |
2021 |
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African/Black American |
| Michele Goodwin |
EXCERPT OF LAW AND ANTI-BLACKNESS |
26 Michigan Journal of Race and Law 113 (Winter, 2021) |
Editor's Note: this Essay is a brief excerpt from a longer piece which will be published in the Michigan Journal of Race & Law Winter 2021 Issue. During the spring and summer of 2020, as COVID-19 rapidly spread throughout the United States, infecting and killing thousands of Americans including children, the enduring colorline manifested. As of... |
2021 |
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African/Black American |
| Dr. Donald F. Tibbs |
FROM TIKTOK TO RACIAL VIOLENCE: ANTI-BLACKNESS IN THE GENDERED SPHERE |
33 Saint Thomas Law Review 198 (Spring, 2021) |
The impact of Covid-19 on racial and social consciousness during 2020 was significant. While much of the world was in social incapacitation, we passed the time by tuning into our televisions and social devices. The local and national news told stories of the rising number of deaths lost to the virus. Particularly hard hit by the virus were people... |
2021 |
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African/Black American |
| Jennifer M. Smith , Elliot O. Jackson |
HISTORICALLY BLACK COLLEGES & UNIVERSITIES: A MODEL FOR AMERICAN EDUCATION |
14 Florida A & M University Law Review 103 (Winter, 2021) |
The whole world opened to me when I learned to read. ~ Mary McLeod Bethune Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery... |
2021 |
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African/Black American |
| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
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African/Black American |
| Tanya Katerí Hernández , © 2020 |
IS THERE A "MULATTO ESCAPE HATCH" OUT OF RACISM?: A REFLECTION ON MULTIRACIAL EXCEPTIONALISM DURING A TIME OF #BLACKLIVESMATTER |
34 Journal of Civil Rights & Economic Development 65 (Spring, 2021) |
A mulatto escape hatch is an escape from the disabilities of blackness for some colored people. To have a symposium organized to review the ideas in my book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, is an honor, and the JCRED editors, along with their dynamic Faculty Advisors Elaine Chiu and Rosa Castello, have my... |
2021 |
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African/Black American |
| Mikah K. Thompson |
JUST ANOTHER FAST GIRL: EXPLORING SLAVERY'S CONTINUED IMPACT ON THE LOSS OF BLACK GIRLHOOD |
44 Harvard Journal of Law & Gender 57 (Winter, 2021) |
Introduction. 58 I. The Stereotypic Connection between Blackness and Promiscuity. 59 A. Black Hypersexuality as a Justification for Sexual Violence During Slavery. 60 B. The Persistence of Stereotypes Concerning Black Sexuality in Post-Civil War America. 64 C. Modern-Day Perceptions of Black Sexuality. 66 D. Black Sexuality and the Law of Statutory... |
2021 |
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African/Black American |
| Samuel Vincent Jones |
LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION |
21 Berkeley Journal of African-American Law & Policy 84 (2021) |
Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... |
2021 |
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African/Black American |
| Antje du Bois-Pedain |
MASS INCARCERATION, PENAL MODERATION, AND BLACK PRISONERS SERVING VERY LONG SENTENCES: THE CASE FOR A TARGETED CLEMENCY PROGRAM |
24 New Criminal Law Review 655 (Fall, 2021) |
The prevalent criminal justice practices in the U.S. have produced levels and patterns of incarceration that fewer and fewer politicians, scholars, and citizens care to support. There seems to be widespread consensus that the system is indicted as unjust by its outcomes no matter how these outcomes came about. But if that is so, how can it be... |
2021 |
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African/Black American |
| Etienne C. Toussaint |
OF AMERICAN FRAGILITY: PUBLIC RITUALS, HUMAN RIGHTS, AND THE END OF INVISIBLE MAN |
52 Columbia Human Rights Law Review 826 (Winter, 2021) |
The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services,... |
2021 |
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African/Black American |
| Lauren McLane |
OUR LOWER COURTS MUST GET IN "GOOD TROUBLE, NECESSARY TROUBLE," AND DESERT TWO PILLARS OF RACIAL INJUSTICE--WHREN v. UNITED STATES AND BATSON v. KENTUCKY |
20 Connecticut Public Interest Law Journal 181 (Spring, 2021) |
We must get in trouble, good trouble . use the law, use the law, use the Constitution to bring about a nonviolent revolution. - Rep. John Lewis On July 10, 2015, Sandra Bland was on the way to her alma mater, Prairie View A&M University, a historically Black university in Texas, to take a new job. When Trooper Encinia's patrol car got into the lane... |
2021 |
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African/Black American |
| Jelani Jefferson Exum |
PRESUMED PUNISHABLE: SENTENCING ON THE STREETS AND THE NEED TO PROTECT BLACK LIVES THROUGH A REINVIGORATION OF THE PRESUMPTION OF INNOCENCE |
64 Howard Law Journal 301 (Winter, 2021) |
Introduction. 302 L1-2 I. Presumed Punishable A. The Development of Race-Based Policing and the Presumption of the Need to Control Black People Through Force. 305 B. The Current Consequences of Being Presumed Punishable. 309 C. Police as the Tool of the Presumption. 311 D. The Trauma of Being Presumed Punishable. 315 II. The Presumption of... |
2021 |
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African/Black American |
| Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick |
RACE AND GENDER AND POLICING |
21 Nevada Law Journal 885 (Spring, 2021) |
C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... |
2021 |
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African/Black American |
| Victor C. Romero |
RACISM, INCORPORATED: RAMOS v. LOUISIANA AND JOGGING WHILE BLACK |
30 Southern California Interdisciplinary Law Journal 101 (Fall, 2020/2021) |
There is more to the U.S. Supreme Court's recent decision in Ramos v. Louisiana than its holding requiring unanimous state jury verdicts via the incorporation doctrine. The underlying debate among the Justices in Ramos about the salience of race in the law is a window into the current cultural moment. After identifying the racial debate underlying... |
2021 |
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African/Black American |
| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
39 Minnesota Journal of Law & Inequality 511 (2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
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African/Black American |
| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
47 Mitchell Hamline Law Review 138 (November, 2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
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African/Black American |