| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| André Douglas Pond Cummings |
"ALL EYEZ ON ME": AMERICA'S WAR ON DRUGS AND THE PRISON-INDUSTRIAL COMPLEX |
15 Journal of Gender, Race and Justice 417 (Spring 2012) |
In 1971, President Richard Nixon named drug abuse public enemy number one in the United States. Since that time, an explicit War on Drugs has dominated the political imagination of the United States. Since declaring a War on Drugs, domestic incarceration rates have exploded, particularly in the African-American and Latino populations.... |
2012 |
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| George Lipsitz |
"IN AN AVALANCHE EVERY SNOWFLAKE PLEADS NOT GUILTY": THE COLLATERAL CONSEQUENCES OF MASS INCARCERATION AND IMPEDIMENTS TO WOMEN'S FAIR HOUSING RIGHTS |
59 UCLA Law Review 1746 (August, 2012) |
In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from... |
2012 |
Yes |
| Harvey Gee |
AMERICA'S DEATH PENALTY INSTITUTION |
42 Cumberland Law Review 319 (2011-2012) |
DAVID GARLAND, PECULIAR INSTITUTION: AMERICA'S DEATH PENALTY IN AN AGE OF ABOLITION, The Belknap Press of Harv. Univ. Press, 2010. 417 pp. DAVID M. OSHINSKY, CAPITAL PUNISHMENT ON TRIAL: FURMAN V. GEORGIA AND THE DEATH PENALTY IN MODERN AMERICA, Univ. Press of Kan., 2010. 144 pp. The rate of executions has slowed down tremendously since 2000. Many... |
2012 |
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| Mary D. Fan |
BEYOND BUDGET-CUT CRIMINAL JUSTICE: THE FUTURE OF PENAL LAW |
90 North Carolina Law Review 581 (March, 2012) |
American criminal justice is experiencing a perfect storm of budget-cut criminal justice reform and the awakening of courts to the role of checking penal severity. A wave of reforms is sweeping the states as budgetary shortfalls are leading to measures once virtually impossible or very difficult to enact such as expanded early release, conversion... |
2012 |
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| Jennifer Rae Taylor |
CONSTITUTIONALLY UNPROTECTED: PRISON SLAVERY, FELON DISENFRANCHISEMENT, AND THE CRIMINAL EXCEPTION TO CITIZENSHIP RIGHTS |
47 Gonzaga Law Review 365 (2011-2012) |
Introduction. 365 I. Crafting a Caste System: Post-Reconstruction Lawmaking in the South. 368 A. Political Oppression Through Felon Disenfranchisement. 368 B. Forced Labor Through Convict Leasing. 371 II. Modern Manifestations. 375 A. The Continued Use of Felon Disenfranchisement. 376 B. The Varied Forms of Modern Prison Labor. 380 III. Reform... |
2012 |
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| Gabriel Arkles |
CORRECTING RACE AND GENDER: PRISON REGULATION OF SOCIAL HIERARCHY THROUGH DRESS |
87 New York University Law Review 859 (October, 2012) |
This Article examines the enforcement of racialized gender norms through the regulation of dress in prisons. Dress, including hair and clothing, is central to the ways government and other institutions enforce hierarchical social norms. These norms are based on the intersection of race and gender, as well as religion, sexuality, class, age, and... |
2012 |
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| Ingrid V. Eagly |
CRIMINAL CLINICS IN THE PURSUIT OF IMMIGRANT RIGHTS: LESSONS FROM THE LONCHEROS |
2 UC Irvine Law Review 91 (February, 2012) |
Introduction. 91 I. The Role of Lawyers in the Lonchero Campaign. 93 A. The Organizational Phase: Contesting the Durational Restriction. 94 1. Crime. 96 2. Competition. 98 3. Race. 100 4. Collective Decisionmaking. 104 B. The Individual Phase: Defending the Test Case. 106 II. Implications for Clinics and Practice. 109 A. Individual Clients and Law... |
2012 |
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| Allegra M. McLeod |
DECARCERATION COURTS: POSSIBILITIES AND PERILS OF A SHIFTING CRIMINAL LAW |
100 Georgetown Law Journal 1587 (June, 2012) |
A widely decried crisis confronts U.S. criminal law. Jails and prisons are overcrowded and violence plagued. Additional causes for alarm include the rate of increase of incarcerated populations, their historically and internationally unprecedented size, their racial disproportionality, and exorbitant associated costs. Although disagreement remains... |
2012 |
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| André Douglas Pond Cummings |
FAMILIES OF COLOR IN CRISIS: BEARING THE WEIGHT OF THE FINANCIAL MARKET MELTDOWN |
55 Howard Law Journal 303 (Winter 2012) |
INTRODUCTION. 303 I. ECONOMIC DEVASTATION OF FAMILIES OF COLOR BY THE FINANCIAL MARKET CRISIS. 308 A. Median Wealth. 308 B. Foreclosures and Predatory Lending. 310 II. MASS INCARCERATION. 313 CONCLUSION. 317 |
2012 |
Yes |
| Kimberlé W. Crenshaw |
FROM PRIVATE VIOLENCE TO MASS INCARCERATION: THINKING INTERSECTIONALLY ABOUT WOMEN, RACE, AND SOCIAL CONTROL |
59 UCLA Law Review 1418 (August, 2012) |
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and... |
2012 |
Yes |
| Allison S. Hartry |
GENDERING CRIMMIGRATION: THE INTERSECTION OF GENDER, IMMIGRATION, AND THE CRIMINAL JUSTICE SYSTEM |
27 Berkeley Journal of Gender, Law & Justice 1 (Winter 2012) |
In the last decade, legal scholars have noted with alarm the increasing alignment between immigration enforcement and the goals and methods of the criminal justice system, terming this alignment crimmigration. Although discussions of race and nativism have played a large part in this analysis, the same cannot be said for the connection between... |
2012 |
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| Giovanna Shay |
ILLICH (VIA CAYLEY) ON PRISONS |
34 Western New England Law Review 351 (2012) |
Ivan Illich did not write much about prisons. However, in the mid-1990s, Canadian broadcaster David Cayley memorialized conversations with Illich that were inspired by a 1995 prison conference that Illich attended in Stockholm. Cayley's own writings from the 1990s, in the midst of the U.S. incarceration wave, applied Illich's theory of... |
2012 |
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| Jonathan Sgro |
INTENTIONAL DISCRIMINATION IN FARRAKHAN V. GREGOIRE: THE NINTH CIRCUIT'S VOTING RIGHTS ACT STANDARD "RESULTS IN" THE NEW JIM CROW |
57 Villanova Law Review 139 (2012) |
Jarvious Cotton cannot vote. . . . Cotton's family tree tells the story of several generations of black men who were born in the United States but who were denied the most basic freedom that democracy promises--the freedom to vote for those who will make the rules and laws that govern one's life. Cotton's great-great-grandfather could not vote as a... |
2012 |
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| Jesse Kropf |
KEEPING "THEM" OUT: CRIMINAL RECORD SCREENING, PUBLIC HOUSING, AND THE FIGHT AGAINST RACIAL CASTE |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 75 (Spring, 2012) |
What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. --Michele Alexander What does a person living in public housing look like? Most people in public housing make less than ten thousand dollars a year. Over half are on a fixed income, such as social... |
2012 |
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| Jacqueline Johnson, Ph.D. |
MASS INCARCERATION: A CONTEMPORARY MECHANISM OF RACIALIZATION IN THE UNITED STATES |
47 Gonzaga Law Review 301 (2011-2012) |
Mass incarceration dominates the social and economic context of life for millions of African Americans, and continues a historical pattern of structural disadvantage that is defined by race. This article examines the broader consequences of prison expansion by focusing on its contribution to contemporary racial ideologies and structures of economic... |
2012 |
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| Laura Rovner, Jeanne Theoharis |
PREFERRING ORDER TO JUSTICE |
61 American University Law Review 1331 (June, 2012) |
In the decade since 9/11, much has been written about the War on Terror and the lack of justice for people detained at Guantanamo or subjected to rendition and torture in CIA black sites. A central focus of the critique is the unreviewability of Executive branch action toward those detained and tried in military commissions. In those critiques,... |
2012 |
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| Dorothy E. Roberts |
PRISON, FOSTER CARE, AND THE SYSTEMIC PUNISHMENT OF BLACK MOTHERS |
59 UCLA Law Review 1474 (August, 2012) |
This Article analyzes how the U.S. prison and foster care systems work together to punish black mothers in the service of preserving race, gender, and class inequality in a neoliberal age. The intersection of these systems is only one example of many forms of overpolicing that overlap and converge in the lives of poor women of color. I examine the... |
2012 |
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| Priscilla A. Ocen |
PUNISHING PREGNANCY: RACE, INCARCERATION, AND THE SHACKLING OF PREGNANT PRISONERS |
100 California Law Review 1239 (October, 2012) |
The shackling of pregnant prisoners during labor and childbirth is endemic within women's penal institutions in the United States. This Article investigates the factors that account for the pervasiveness of this practice and suggests doctrinal innovations that may be leveraged to prevent its continuation. At a general level, this Article asserts... |
2012 |
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| James Forman, Jr. |
RACIAL CRITIQUES OF MASS INCARCERATION: BEYOND THE NEW JIM CROW |
87 New York University Law Review 21 (April, 2012) |
In the last decade, a number of scholars have called the American criminal justice system a new form of Jim Crow. These writers have effectively drawn attention to the injustices created by a facially race-neutral system that severely ostracizes offenders and stigmatizes young, poor black men as criminals. This Article argues that despite these... |
2012 |
Yes |
| Robert Weisberg |
REALITY-CHALLENGED PHILOSOPHIES OF PUNISHMENT |
95 Marquette Law Review 1203 (Summer 2012) |
The American criminal justice system is arguably the most punitive in the world today and the most punitive in American history. This phenomenon has now acquired a dramatic name, mass incarceration, meant to induce anxiety about the paradox (or about whether it is a paradox) that the wealthiest and most powerful free-market democracy imprisons such... |
2012 |
Yes |
| Justin Murray |
REIMAGINING CRIMINAL PROSECUTION: TOWARD A COLOR-CONSCIOUS PROFESSIONAL ETHIC FOR PROSECUTORS |
49 American Criminal Law Review 1541 (Summer, 2012) |
Prosecutors, like most Americans, view the criminal-justice system as fundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad... |
2012 |
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| Ann Cammett |
SHADOW CITIZENS: FELONY DISENFRANCHISEMENT AND THE CRIMINALIZATION OF DEBT |
117 Penn State Law Review 349 (Fall 2012) |
The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly... |
2012 |
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| Nick J. Sciullo |
SOCIAL JUSTICE IN TURBULENT TIMES: CRITICAL RACE THEORY & OCCUPY WALL STREET |
69 National Lawyers Guild Review 225 (Winter 2012) |
These are precarious times--a moment that demands our full attention as critical scholars, practitioners, activists, and students. While some political commentators say that leftist criticism and direct action are steadily becoming more common and visible, especially as it relates to law, critical thought and action remain strongly condemned by an... |
2012 |
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| Jesse J. Norris |
THE EARNED RELEASE REVOLUTION: EARLY ASSESSMENTS AND STATE-LEVEL STRATEGIES |
95 Marquette Law Review 1551 (Summer 2012) |
Reacting to widespread budget crises, many states are experimenting with earned release (also known as early release) legislation to help cut correctional costs. This earned release revolution is a stark reversal of earlier trends toward determinate sentencing. Implementing earned release policies appropriately could help bring about a new... |
2012 |
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| Geiza Vargas-Vargas |
THE INVESTMENT OPPORTUNITY IN MASS INCARCERATION: A BLACK (CORRECTIONS) OR BROWN (IMMIGRATION) PLAY? |
48 California Western Law Review 351 (Spring 2012) |
There's been 133 nations identified crossing that border. Not just Mexicans, not just Hondurans, not just El Salvadorans, but 133 nations. Many of those are nations of interest, which means that they either harbor, aid and abet, or are somehow connected to terrorist activities . . . . And yet they continue to cross that border. We've got prayer... |
2012 |
Yes |
| Gabriel J. Chin |
THE NEW CIVIL DEATH: RETHINKING PUNISHMENT IN THE ERA OF MASS CONVICTION |
160 University of Pennsylvania Law Review 1789 (May, 2012) |
Introduction. 1790 I. Civil Death in the United States. 1793 A. Civil Death and Its Decline Before 1980. 1793 B. The New Civil Death in the Regulatory State. 1799 C. Mass Conviction, Not (Just) Mass Incarceration. 1803 D. Collateral Consequences as Unrestrained by the Constitution. 1806 1. Individual Collateral Consequences as Regulatory Measures.... |
2012 |
Yes |
| Allegra M. McLeod |
THE U.S. CRIMINAL-IMMIGRATION CONVERGENCE AND ITS POSSIBLE UNDOING |
49 American Criminal Law Review 105 (Winter, 2012) |
The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and... |
2012 |
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| Heather Schoenfeld |
THE WAR ON DRUGS, THE POLITICS OF CRIME, AND MASS INCARCERATION IN THE UNITED STATES |
15 Journal of Gender, Race and Justice 315 (Spring 2012) |
In November 2010, California voters narrowly defeated a ballot initiative to legalize the possession and sale of up to an ounce of marijuana. Support for the initiative reflected both a shift in public attitudes about drug use and the reality of the largest recession since the Great Depression. After signing a previous bill into law that... |
2012 |
Yes |
| John Tehranian |
TOWARDS A CRITICAL IP THEORY: COPYRIGHT, CONSECRATION, AND CONTROL |
2012 Brigham Young University Law Review 1237 (2012) |
All animals are equal, but some animals are more equal than others. -- George Orwell, Animal Farm Intellectual-property jurisprudence increasingly informs the way in which social order is maintained in the twenty-first century. By regulating cultural production and patrolling the dissemination of knowledge, copyright law mediates the exercise of... |
2012 |
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| Andrew E. Taslitz |
TRYING NOT TO BE LIKE SISYPHUS: CAN DEFENSE COUNSEL OVERCOME PERVASIVE STATUS QUO BIAS IN THE CRIMINAL JUSTICE SYSTEM? |
45 Texas Tech Law Review 315 (Fall, 2012) |
In general, the public, which on the whole likes its society orderly, is better disposed to the prosecutors as enforcers of order than to defense lawyers as challengers of that order in the interests of a fair trial. Defense lawyer and former prosecutor, Kendall Coffey [A]bsolutely everything that public defenders do is about challenging the... |
2012 |
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| Mark P. Fancher |
BORN IN JAIL: AMERICA'S RACIAL HISTORY AND THE INEVITABLE EMERGENCE OF THE SCHOOL-TO-PRISON PIPELINE |
13 Journal of Law in Society 267 (Fall, 2011) |
C1-2Table of Contents I. Introduction. 267 II. The Criminalization of Africans. 268 A. Enslavement. 268 B. Post-Slavery Propaganda and Criminal Sanctions. 272 C. Racial Profiling and Mass Incarceration. 274 III. The School-to-Prison Pipeline. 275 A. Infrastructure. 275 B. Punishment. 276 IV. Conclusion. 279 |
2011 |
Yes |
| Ann Cammett |
DEADBEATS, DEADBROKES, AND PRISONERS |
18 Georgetown Journal on Poverty Law and Policy 127 (Spring, 2011) |
Historically, child support policy has targeted absent parents with aggressive enforcement measures. Such an approach is based on an economic resource model that is increasingly irrelevant, even counterproductive, for many low-income families. Specifically, modern day mass incarceration has radically skewed the paradigm on which the child support... |
2011 |
Yes |
| Harvey Gee |
EIGHTH AMENDMENT CHALLENGES AFTER BAZE v. REES: LETHAL INJECTION, CIVIL RIGHTS LAWSUITS, AND THE DEATH PENALTY |
31 Boston College Third World Law Journal 217 (Spring, 2011) |
In Baze v. Rees, the U.S. Supreme Court upheld the constitutionality of Kentucky's lethal injection protocol, which utilizes a three-drug combination to execute death row inmates. To challenge a lethal injection protocol in the future, the Court stated that an inmate would have to make a showing that the protocol in question presents a... |
2011 |
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| Sharon Dolovich |
EXCLUSION AND CONTROL IN THE CARCERAL STATE |
16 Berkeley Journal of Criminal Law 259 (Fall, 2011) |
Over the course of the 1990s, two policy innovations emerged that were quickly and widely adopted by criminal justice systems around the United States. The first was life in prison without the possibility of parole (LWOP), a criminal penalty first introduced as an alternative to execution in capital cases but quickly taken up by legislators... |
2011 |
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| Ian Haney López |
FREEDOM, MASS INCARCERATION, AND RACISM IN THE AGE OF OBAMA |
62 Alabama Law Review 1005 (2011) |
The title of my talk is Freedom, Mass Incarceration, and Racism in the Age of Obama. Let us start with freedom. Who--other than law professors asked to riff on the topic--actually talk at length about freedom anymore? Two groups come to mind: marketing types and militia members. (I would have said Tea Party instead of militia members, but the... |
2011 |
Yes |
| Angela P. Harris |
HETEROPATRIARCHY KILLS: CHALLENGING GENDER VIOLENCE IN A PRISON NATION |
37 Washington University Journal of Law & Policy 13 (2011) |
We need an analysis that furthers neither the conservative project of sequestering millions of men of color in accordance with the contemporary dictates of globalized capital and its prison industrial complex, nor the equally conservative project of abandoning poor women of color to a continuum of violence that extends from the sweatshops through... |
2011 |
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| Louis Michael Seidman |
HYPER-INCARCERATION AND STRATEGIES OF DISRUPTION: IS THERE A WAY OUT? |
9 Ohio State Journal of Criminal Law 109 (Fall, 2011) |
There is already a large literature on the causes and effects of mass incarceration -or hyper-incarceration as Lo c Wacquant more accurately labels the phenomenon. Much less has been written about exit strategies, and, so, I want to devote this paper to exploring the available options. In doing so, however, I start by holding open the possibility... |
2011 |
Yes |
| Frank Rudy Cooper |
HYPER-INCARCERATION AS A MULTIDIMENSIONAL ATTACK: REPLYING TO ANGELA HARRIS THROUGH THE WIRE |
37 Washington University Journal of Law & Policy 67 (2011) |
Angela Harris's article in this symposium makes a valuable contribution to our understanding of hyper-incarceration. She argues, quite persuasively, that the term gender violence should be understood broadly to include men's individual and structural violence against other men. She then considers what we ought to do about the incredible increase... |
2011 |
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| Annette Appell , Adrienne Davis |
INTRODUCTION |
37 Washington University Journal of Law & Policy 1 (2011) |
Two trajectories brought us to the topic of the 2011 Access to Equal Justice Colloquium, Race to Justice: Mass Incarceration and Masculinity Through a Black Feminist Lens. For Adrienne Davis, work with two organizations that were early critics of the prison industrial complex, Critical Resistance and INCITE!, exposed her to the need to create... |
2011 |
Yes |
| Ian F. Haney López |
IS THE "POST" IN POST-RACIAL THE "BLIND" IN COLORBLIND? |
32 Cardozo Law Review 807 (January, 2011) |
Barack Obama's election has inspired many to marvel that we now live in a post-racial America. Obama himself seems to embrace this notion, not perhaps as a claim about where we are now, but as a political stance that dictates how best to approach society's persistent racial problems. In this Essay, I assess Obama's post-racial politics. To do so,... |
2011 |
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| Ingrid V. Eagly |
LOCAL IMMIGRATION PROSECUTION: A STUDY OF ARIZONA BEFORE SB 1070 |
58 UCLA Law Review 1749 (August, 2011) |
Arizona's Senate Bill 1070 has focused attention on whether federal law preempts the prosecution of state immigration crime in local criminal courts. Absent from the current discussion, however, is an appreciation of how Arizona's existing body of criminal immigration law--passed well before SB 1070 and currently in force in the state--functions on... |
2011 |
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| Jordan Segall |
MASS INCARCERATION, EX-FELON DISCRIMINATION & BLACK LABOR MARKET DISADVANTAGE |
14 University of Pennsylvania Journal of Law and Social Change 159 (2011) |
Between 1980 and 2008, the country's incarcerated population spiked from around 500,000 to a high of 2.3 million. This incredible growth in the carceral apparatus--which gave the United States the dubious distinction of becoming the world's biggest incarcerator, as well as the only country in the world that imprisons more than one percent of its... |
2011 |
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| Michael C. Campbell |
POLITICS, PRISONS, AND LAW ENFORCEMENT: AN EXAMINATION OF THE EMERGENCE OF "LAW AND ORDER" POLITICS IN TEXAS |
45 Law and Society Review 631 (September, 2011) |
This article examines the rise of law and order politics in Texas, providing an in-depth archival case study of changes in prison policy in a Southern state during the pivotal period when many U.S. states turned to mass incarceration. It brings attention to the important role an insurgent Republican governor and law enforcement officials played... |
2011 |
Yes |
| Bernard E. Harcourt |
REDUCING MASS INCARCERATION: LESSONS FROM THE DEINSTITUTIONALIZATION OF MENTAL HOSPITALS IN THE 1960S |
9 Ohio State Journal of Criminal Law 53 (Fall, 2011) |
In a message to Congress in 1963, President John F. Kennedy outlined a federal program designed to reduce by half the number of persons in custody. The institutions at issue were state hospitals and asylums for the mentally ill, and the number of such persons in custody was staggeringly large, in fact comparable to contemporary levels of mass... |
2011 |
Yes |
| Marc Mauer |
SENTENCING REFORM |
26-SPG Criminal Justice 27 (Spring, 2011) |
In a recent university lecture on the causes and consequences of mass incarceration, I analyzed the profound significance of these developments over the past decades yet I closed my address with my reasons for optimism due to a series of recent reforms. During the discussion period, the first speaker agreed with everything in my talk with one major... |
2011 |
Yes |
| Katayoon Majd |
STUDENTS OF THE MASS INCARCERATION NATION |
54 Howard Law Journal 343 (Winter 2011) |
INTRODUCTION. 344 I. THE DRIVE TO PUNISH: THE MASS INCARCERATION OF AFRICAN-AMERICANS AND OTHER PEOPLE OF COLOR. 351 A. The Criminal Justice System. 352 B. The Juvenile Justice System. 356 II. SCHOOLS AS PARTNERS IN MASS INCARCERATION: THE SURVEILLANCE, EXCLUSION, AND CRIMINALIZATION OF STUDENTS OF COLOR. 360 A. Zero-Tolerance Policies. 363 B.... |
2011 |
Yes |
| James Forman, Jr. |
THE BLACK POOR, BLACK ELITES, AND AMERICA'S PRISONS |
32 Cardozo Law Review 791 (January, 2011) |
For many of this symposium's panelists, the event's very title --Acknowledging Race in a Post-Racial Era--presented a challenge. Numerous panelists criticized the term post-racial, arguing that race remains central to understanding how America operates. By contrast, members of the criminal justice panel did not even feel the need to ask whether... |
2011 |
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| Andrew E. Taslitz |
THE CRIMINAL REPUBLIC: DEMOCRATIC BREAKDOWN AS A CAUSE OF MASS INCARCERATION |
9 Ohio State Journal of Criminal Law 133 (Fall, 2011) |
That the last several decades have seen an explosion of Americans' reliance on imprisonment as a penal sanction is unquestioned. So vast has this expansion been that the term mass incarceration has entered scholarly vocabulary as a way of describing this phenomenon. The sheer cost of maintaining this prison state may indeed be making it buckle... |
2011 |
Yes |
| Shani King |
THE FAMILY LAW CANON IN A (POST?) RACIAL ERA |
72 Ohio State Law Journal 575 (2011) |
While the debate about a post-racial society rages, our justice system continues to operate in a way that is race-conscious. It seems as though most of the discussion about race and the justice system concerns criminal justice, juvenile justice, education, and immigration. But race-consciousness also impacts family law. Nonetheless, the family law... |
2011 |
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| Michelle Alexander |
THE NEW JIM CROW |
9 Ohio State Journal of Criminal Law 7 (Fall, 2011) |
The subject that I intend to explore today is one that most Americans seem content to ignore. Conversations and debates about race-much less racial caste-are frequently dismissed as yesterday's news, not relevant to the current era. Media pundits and more than a few politicians insist that we, as a nation, have finally moved beyond race. We have... |
2011 |
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