| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
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Asian American/Pacific Islander American |
| Thalia González , Alexis Etow , Cesar De La Vega |
A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING |
71 American University Law Review 1927 (June, 2022) |
Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... |
2022 |
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Multiple Groups |
| Amy F. Kimpel |
PAYING FOR A CLEAN RECORD |
112 Journal of Criminal Law and Criminology 439 (Summer, 2022) |
Prosecutors and courts often charge a premium for the ability to avoid or erase a criminal conviction. Defendants with means, who tend to be predominantly White, can often pay for a clean record. But the indigent who are unable to pay, and are disproportionately Black and Brown, are saddled with the stigma of a criminal record. Diversion and... |
2022 |
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Multiple Groups |
| C. Scott Holmes , Amelia O'Rourke-Owens |
TRESPASSING ON WHITE SUPREMACY: THE LEGACY OF ESTABLISHMENT WHITE SUPREMACY IN NORTH CAROLINA |
100 North Carolina Law Review Forum 149 (2022) |
White supremacy offers a unifying framework for understanding the legal history of North Carolina, the current legal regime of the state, and the actions of the state in responding to protests demanding redress from that insidious history. We provide a history of the First Reconstruction in the state, the leading role of white lawyers in the... |
2022 |
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White |
| Walter I. Gonçalves, Jr. |
"HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS |
59 American Criminal Law Review 293 (Spring, 2022) |
Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... |
2022 |
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| Ande Davis |
A PREPONDERANCE OF BIAS: WHY ARTIFICIAL INTELLIGENCE SHOULD BE QUALIFIED IMMUNITY'S FATAL FLAW |
61 Washburn Law Journal 565 (Spring, 2022) |
In the wake of the 2020 police killings of Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, Minnesota, the public discussion of criminal accountability for law enforcement was accompanied by a related discussion around civil remedies for victims. This secondary discussion brought new public attention to the impediments posed... |
2022 |
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| Neelam Salman , Golda Philip , Sarah Williams |
BRIDGING HEALTH EQUITY AND CIVIL RIGHTS: HOW FEDERAL FUNDING AGENCIES CAN REDUCE DISPARITIES AND DISCRIMINATION IN HEALTHCARE USING CIVIL RIGHTS MECHANISMS |
21 Connecticut Public Interest Law Journal 1 (Spring, 2022) |
Of all the forms of inequality, injustice in health is the most shocking and the most inhuman because it often results in physical death. I see no alternative to direct action [in order to] raise the conscience of the nation. The civil rights movement was a social, legal, and political struggle by communities that are underserved to achieve... |
2022 |
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| Cynthia Godsoe , Abbe Smith , Ellen Yaroshefsky |
CAN YOU BE A LEGAL ETHICS SCHOLAR AND HAVE GUTS? |
35 Georgetown Journal of Legal Ethics 429 (Summer, 2022) |
Recent efforts to hold lawyers accountable for their actions--including lawyers who sought to overturn the 2020 Presidential election based on false evidence, and New York City prosecutors who have committed serious misconduct-- failed to draw a significant number of legal ethics scholars. The authors of this Essay are troubled by this. We... |
2022 |
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| Glenn D. Walters, Department of Criminal Justice, Kutztown University |
CHANGES IN CRIMINAL THINKING FROM MIDADOLESCENCE TO EARLY ADULTHOOD: DOES TRAJECTORY DIRECTION MATTER? |
46 Law and Human Behavior 154 (April, 2022) |
Objective: Although there is evidence of a strong age--crime relationship, there is little consensus as to why crime peaks in midadolescence and drops off in late adolescence or early adulthood, and there is virtually no information on how age interacts with other crime-related variables such as criminal thinking. The purpose of this study was to... |
2022 |
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| Stephanie Bornstein |
CONFRONTING THE RACIAL PAY GAP |
75 Vanderbilt Law Review 1401 (October, 2022) |
For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... |
2022 |
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| Evan R. Seamone |
DISABILITY COMPENSATION FOR THE PSYCHOLOGICAL IMPACT OF RACE DISCRIMINATION: LESSONS FROM THE BOARD OF VETERANS' APPEALS |
74 Administrative Law Review 309 (Spring, 2022) |
Introduction. 310 II. VA Disability Compensation Framework. 317 III. Research Methodology. 323 A. The Written VA Appellate Decision as the Unit of Analysis. 323 B. Supervised Machine Learning to Classify Discrimination Cases. 326 C. Study Limitations. 327 IV. Study Results. 329 A. General Trends in Outcomes Across Discrimination Cases. 329 B.... |
2022 |
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| Teddy Okechukwu |
DISENFRANCHISEMENT, DEMOCRACY, AND INCARCERATION: A LEGISLATIVE END TO FELONY DISENFRANCHISEMENT IN UNITED STATES PRISONS |
170 University of Pennsylvania Law Review 1303 (May, 2022) |
Introduction. 1304 I. The Landscape of Felony Disenfranchisement in the United States. 1306 A. History of Voting and Disenfranchisement. 1306 B. Current Disenfranchisement Laws. 1308 C. The Pernicious Effects of Contemporary Disenfranchisement Laws. 1312 II. The Flawed Justifications Behind Felony Disenfranchisement Laws. 1316 A. Purity of the... |
2022 |
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| Chris Brummer , Leo E. Strine, Jr. |
DUTY AND DIVERSITY |
75 Vanderbilt Law Review 1 (January, 2022) |
In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (DEI) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical... |
2022 |
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| Sherley E. Cruz |
ESSENTIALLY UNPROTECTED |
96 Tulane Law Review 637 (April, 2022) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. --Dr. Martin Luther King, Jr. Since the start of the COVID-19 pandemic, the American public has relied on essential low-wage workers to provide... |
2022 |
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| Alysia Lo |
EXPERT TESTIMONY ON FALSE CONFESSIONS: AN OLD PSYCHOLOGICAL PROBLEM WITH NEW CHALLENGES IN NEW YORK COURTS |
50 Fordham Urban Law Journal 107 (November, 2022) |
Introduction. 108 I. Wrongful Convictions and False Confessions. 116 A. The Problem of False Confessions. 117 B. Supreme Court Cases on Psychological Interrogation. 122 C. The Disproportionate Impact of False Confessions on Marginalized Populations. 123 II. The Problem of Expert Testimony. 127 A. The Case for Admitting Expert Testimony. 129 B. The... |
2022 |
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| Cynthia Lee |
FIREARMS AND INITIAL AGGRESSORS |
101 North Carolina Law Review 1 (December, 2022) |
Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... |
2022 |
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| Palma Joy Strand, Nicholas A. Mirkay |
INTEREST CONVERGENCE AND THE RACIAL WEALTH GAP: DEFUSING RACISM'S DIVIDE-AND-CONQUER VIA UNIVERSAL BASIC INCOME |
110 Kentucky Law Journal 693 (2021-2022) |
Table of Contents. 693 Introduction. 694 I. Today's Economic Status Quo: Endorsement of Exploitation and Enrichment. 696 A. Rising Economic Inequality and the Tax System. 696 B. Systemic Shifts in Economic Policy and Rising Economic Inequality. 697 C. Racialized Law and Policies and Rising Economic Inequality. 700 II. Closing the Racial Wealth Gap:... |
2022 |
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| Mikaela A. Phillips |
JUST CAUSE, NOT JUST BECAUSE: A PRO-WORKER REFORM FOR THE EMPLOYMENT LANDSCAPE |
170 University of Pennsylvania Law Review Online 90 (2022) |
The at-will doctrine permits employers to terminate employees at any time for any reason--or no reason at all--so long as it is not an illegal one. This creates a significant power imbalance between employers and employees, chills employee speech regarding unsafe or unlawful workplace conduct, and leaves employees vulnerable to arbitrary and unjust... |
2022 |
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| Gregory S. Parks , Shayne E. Jones , Sean E. Rogers |
OLD HEADS: HAZING AND THE ROLE OF FRATERNITY AND SORORITY ALUMNI |
46 Law & Psychology Review 1 (2021-2022) |
C1-2Table of Contents I. Introduction. 3 II. Framing the Old Head--Hazing Dilemma. 6 III. Alumni and Their Hazing Involvement. 11 IV. Organizational Commitment. 18 A. Organizational Commitment's Relationship to Identification, Satisfaction, Embeddedness, and Involvement. 19 B. How Organizations Can Develop Organizational Commitment. 22 C.... |
2022 |
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| Catherine S. Shaffer , Jodi L. Viljoen , Kevin S. Douglas |
PREDICTIVE VALIDITY OF THE SAVRY, YLS/CMI, AND PCL:YV IS POOR FOR INTIMATE PARTNER VIOLENCE PERPETRATION AMONG ADOLESCENT OFFENDERS |
46 Law and Human Behavior 189 (June, 2022) |
Objective: Despite advances in developing structured risk assessment instruments, there is currently no instrument to assess and manage the risk of intimate partner violence perpetration among adolescents. Given the empirical link between many forms of antisocial behavior, we tested whether structured tools commonly used by professionals to... |
2022 |
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| Frances Baillon , Michelle Gibbons |
RACE-BASED HOSTILE WORK ENVIRONMENT CLAIMS IN FEDERAL AND MINNESOTA COURTS: A HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF THE "SEVERE OR PERVASIVE" STANDARD |
48 Mitchell Hamline Law Review 863 (May, 2022) |
I. Introduction. 864 II. Statutory Measures Addressing Race Harassment. 865 A. State Statute--The Minnesota Human Rights Act. 865 B. Federal Statute--Title VII. 866 III. The History of Race Harassment Claims and the Origins of the Federal Severe or Pervasive Standard. 867 A. Early Federal Decisions Apply an Expansive View of Title VII and... |
2022 |
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| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
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| Kele M. Stewart |
RE-ENVISIONING CHILD WELL-BEING: DISMANTLING THE INEQUITABLE INTERSECTIONS AMONG CHILD WELFARE, JUVENILE JUSTICE, AND EDUCATION |
12 Columbia Journal of Race and Law 1 (June, 2022) |
I. Racialized Outcomes, Poverty and America's Hierarchy. 4 A. Racialized Youth Outcomes. 4 B. The Role of Poverty. 6 C. Hierarchies. 7 II. The Child Welfare, Education, and Juvenile Justice Systems. 8 A. The Family Regulation System. 9 B. The Juvenile Justice System. 14 C. The Education System. 16 III. The Compounding Effect of Interaction Between... |
2022 |
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RIGHT OF ACCESS TO COURTS |
51 Georgetown Law Journal Annual Review of Criminal Procedure 1189 (2022) |
The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help inmates prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required... |
2022 |
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RIGHT TO A JURY TRIAL |
51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2022 |
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| Elisabeth A. Dannan |
RIGHTS TO REMOVE: CONSTITUTIONAL MUNICIPAL RIGHTS TO REMOVE CONFEDERATE MONUMENTS FROM PUBLIC PROPERTY |
72 Syracuse Law Review 1355 (2022) |
Abstract. 1355 Introduction. 1356 I. History and Jurisprudence of Limited Municipal Rights. 1360 A. Hunter, Trenton, and Williams. 1361 B. Ysursa v. Pocatello Education Association. 1364 II. Municipal First Amendment Claims: Government and Compelled Speech. 1365 A. Government Speech. 1367 B. Compelled Speech. 1372 III. Municipal Equal Protection... |
2022 |
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| Deborah M. Weissman |
SOCIAL JUSTICE AS DESISTANCE: RETHINKING APPROACHES TO GENDER VIOLENCE |
72 American University Law Review 215 (October, 2022) |
C1-2Table of Contents Table of Contents. 215 Introduction. 216 I. Domestic Violence Intervention Programs: Overview, Critique, and Constraints. 221 A. DVIPs: A Brief Overview. 222 B. DVIPs: Critique. 225 1. Eliding systems and structures. 225 2. DVIPs and the criminal legal system. 231 3. Culture and constraints. 233 4. Law and constraints. 238 II.... |
2022 |
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| Blanche Bong Cook |
SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE |
102 Boston University Law Review 1 (February, 2022) |
When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... |
2022 |
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| Osamudia James |
SUPERIOR STATUS: RELATIONAL OBSTACLES IN THE LAW TO RACIAL JUSTICE AND LGBTQ EQUALITY |
63 Boston College Law Review 199 (January, 2022) |
Introduction. 200 I. Equality Stalled. 206 A. Education. 206 B. Marriage. 212 II. Status in Equality Movements. 217 A. Social Status. 218 1. The Architecture of Status. 218 2. Discrimination, Animus, Status. 222 B. Status in Movements. 226 1. Public School Integration. 226 2. Same-Sex Marriage. 233 III. Accounting for Status. 241 A. Law and... |
2022 |
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| Shaun Ossei-Owusu |
THE NEW PENAL BUREAUCRATS |
170 University of Pennsylvania Law Review 1389 (June, 2022) |
Introduction. 1390 I. The Same Legal Problems. 1400 A. Criminal Legal Education and the Reproduction of Hierarchy. 1400 B. Law School Socialization. 1407 C. Demographics. 1413 II. The New Penal Bureaucrats. 1420 A. Generational Change in the Legal Profession. 1421 B. Prosecution Reimagined. 1426 C. Indigent Defense Rebooted. 1433 III. Provocation... |
2022 |
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