| Author | Title | Citation | Summary | Year |
| Frederick Willie Kearse |
HOW GRAPPLING WITH RACISM AND CAPITALISM LED ME TO ORGANIZING, ADVOCACY, AND LEGAL WORK INSIDE |
46 Harbinger 83 (2022) |
In this article, Kearse describes how developing his understanding of American history helped him to view his own situation in a new light, and motivated him to begin doing legal advocacy from inside. My involvement with the criminal punishment system has a lot to do with racism, capitalism, and ignorance. However, after getting involved with... |
2022 |
| Gordon K. Walton |
HOW INSURANCE COMPANIES CAN REVAMP THEIR APPROVED PANEL COUNSEL LISTS TO ERADICATE RACIAL INJUSTICE |
17 In-House Defense Quarterly 28 (Winter, 2022) |
As a result of the murder of George Floyd and numerous other recent incidents, our country has been forced to address the pervasiveness of racism. Such racially charged events have opened up a significant national conversation that the insurance industry, among others, should take an active part in. Insurance companies now have a timely opportunity... |
2022 |
| Deborah N. Archer |
HOW RACISM PERSISTS IN ITS POWER |
120 Michigan Law Review 957 (April, 2022) |
The Fire Next Time. By James Baldwin. New York: Dial Press. 1963 (Vintage International 1993 ed.). Pp. 110. $13.95. In 2020, the murder of George Floyd at the hands of police officers in Minneapolis, Minnesota, and the ravaging of Black communities occasioned by the COVID-19 pandemic and an inequitable public health infrastructure put the violence... |
2022 |
| Francine J. Lipman |
HOW TO DESIGN AN ANTIRACIST STATE AND LOCAL TAX SYSTEM |
52 Seton Hall Law Review 1531 (2022) |
I. Introduction. 1532 II. Antiracist Framework. 1534 A. Antiracist Definitions. 1534 B. Antiracism Building Blocks. 1537 III. Applying An Antiracist Framework to State & Local Tax Systems. 1538 A. Legislative Foundations of State & Local Tax Systems. 1538 1. Brief Historical Overview. 1538 2. Status Quo State & Local Tax Legislative Policies. 1541... |
2022 |
| Glen M. Vogel , Robert Costello |
IMPLICIT BIAS IS NOT A FAIRYTALE: FROM THE CLASSROOM TO THE COURTROOM: THE CONNECTION BETWEEN RACIAL BIAS IN EARLY EDUCATION AND ITS IMPACT ON STEREOTYPES AND INTERACTIONS WITH THE CRIMINAL JUSTICE SYSTEM |
20 Seattle Journal for Social Justice 695 (Spring, 2022) |
Even though great strides have been achieved in the area of racial equality over the last half century, the reality is that people of color, particularly Black Americans, continue to face discrimination across all facets of life and, in particular, face adverse treatment and outcomes in education and in the criminal justice system. A person of... |
2022 |
| Chris Gottlieb |
IMPROVING RES IPSA LOQUITUR DOCTRINE IN CHILD ABUSE CASES: A STEP TOWARD RACIAL JUSTICE |
25 Journal of Gender, Race and Justice 411 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 412 II. Prosecution of Civil Child Abuse: Demographics and Res Ipsa Loquitur Doctrine. 415 III. Spreading the Blame. 418 IV. Unprincipled Use of Res Ipsa Loquitur Doctrine in Child Abuse Cases: New York Example. 420 V. Principled Use of Res Ipsa Loquitur in the Realm of Child Abuse. 429 VI. Holding Partners... |
2022 |
| Phyllis C. Taite |
INEQUALITY BY UNNATURAL SELECTION: THE IMPACT OF TAX CODE BIAS ON THE RACIAL WEALTH GAP |
110 Kentucky Law Journal 639 (2021-2022) |
Table of Contents. 639 Introduction. 640 I. Social Darwinism. 641 II. Real Estate Investment Trusts and Mass Incarceration. 643 A. What Is a Real Estate Investment Trust?. 643 B. What Is the Relationship Between Mass Incarceration and Tax Policy?. 646 i. The Rise of Private Prisons and Detention Centers. 646 ii. Show Me the Money!. 648 C. The... |
2022 |
| Chaumtoli Huq |
INTEGRATING A RACIAL CAPITALISM FRAMEWORK INTO FIRST-YEAR CONTRACTS: A PATHWAY TO ANTI-CAPITALIST LAWYERING |
35 Journal of Civil Rights & Economic Development 181 (Spring, 2022) |
I came to theory because I was hurting--the pain within me was so intense that I could not go on living. I came to theory desperate, wanting to comprehend--to grasp what was happening around and within me. Most importantly, I wanted to make the hurt go away. I saw in theory then a location for healing. [T]he practice of theory is informed by... |
2022 |
| 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 |
| Chantal Thomas |
INTERNATIONAL ECONOMIC LAW AND RACIALIZED "OTHERS" |
116 AJIL Unbound 113 (2022) |
This essay seeks to show how racialized histories of global political economy have shaped core issues in international economic law. The essay begins by noting challenges to framing the topic of racialized others, and then turns to the case study of cotton, showing how U.S. domestic production subsidies--long a focal point of international trade... |
2022 |
| Liam McSweeney |
JUST HOUSING, ROOTED IN WEST OAKLAND: HOW MOMS4HOUSING CHALLENGED REAL ESTATE SPECULATION AND THE RACIAL HIERARCHY IN OUR PROPERTY LAWS |
22 Berkeley Journal of African-American Law & Policy 54 (2022) |
Land-based real estate speculation drives a national housing crisis that operates on a racially hierarchical conception of private property law and doctrine. Our modern property law system developed from the colonial economy that was built on conquest and white supremacist notions of property rights. This white-supremacist spatial violence... |
2022 |
| Isabelle R. Gunning |
JUSTICE FOR ALL IN MEDIATION: WHAT THE PANDEMIC, RACIAL JUSTICE MOVEMENT, AND THE RECOGNITION OF STRUCTURAL RACISM CALL US TO DO AS MEDIATORS |
68 Washington University Journal of Law & Policy 35 (2022) |
This issue of the Washington University Journal of Law and Policy, titled New Directions in Dispute Resolution and Clinical Education in Response to the COVID-19 Pandemic, raises an important question: What has the pandemic crisis taught us about where dispute resolution practice and theory should be going? The pandemic crisis is generally... |
2022 |
| Hon. Lisa White Hardwick |
JUSTICE FOR ALL: AN OVERVIEW OF THE SUPREME COURT OF MISSOURI'S COMMISSION ON RACIAL AND ETHNIC FAIRNESS |
67 Washington University Journal of Law & Policy 111 (2022) |
Systematic racial and ethnic inequality can only be reversed by systematic action. After the killing of Michael Brown by the Ferguson police in August 2014, Missouri's need for judicial and legal reform could no longer be ignored. The following year, the Supreme Court of Missouri Commission on Racial and Ethnic Fairness (Commission) was... |
2022 |
| Frank W. Munger, Carroll Seron |
LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA |
66 New York Law School Law Review 175 (2021/2022) |
EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... |
2022 |
| Rory Bahadur |
LAW SCHOOL RANKINGS AND THE IMPOSSIBILITY OF ANTI-RACISM |
53 Saint Mary's Law Journal 991 (2022) |
Introduction. 992 I. U.S. News and World Report Rankings Methodology. 996 II. Defining Racism and Systemic Racism. 998 III. Contextualizing Bias and Systemic Racism. 1005 A. Ships and Soccer. 1005 B. Missing White Woman Syndrome. 1008 C. Athlete Protests. 1009 D. Welfare and Farm Subsidy. 1012 IV. System Justification and the U.S. News Rankings.... |
2022 |
| To Nhu Huynh |
LEGAL EPIDEMIOLOGY FOR RACIAL HEALTH EQUITY |
21 Houston Journal of Health Law & Policy 411 (2022) |
Introduction. 413 I. The Need to Integrate Racial Health Equity Considerations into Policy-Making. 417 II. Legal Epidemiology: the Microscope to Study Laws. 420 III. Legal Epidemiology in Action. 426 A. Case Study 1: Tracking Legal Responses to COVID-19 in 51 Jurisdictions. 427 1. Efforts to Track Legal Responses to COVID-19. 427 2. Preliminary... |
2022 |
| Magda Boutros , Department of Sociology, University of Washington, Seattle, Washington, USA |
LEGAL MOBILIZATION AND BRANCHES OF LAW: CONTESTING RACIALIZED POLICING IN FRENCH COURTS |
56 Law and Society Review 623 (December, 2022) |
When activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal... |
2022 |
| Michael Conklin |
LEGALITY OF EXPLICIT RACIAL DISCRIMINATION IN THE DISTRIBUTION OF LIFESAVING COVID-19 TREATMENTS |
19 Indiana Health Law Review 315 (2022) |
In 2021, the Federal Drug Administration released a statement advocating for race and ethnicity to be used in rationing lifesaving COVID-19 treatments. By January 2022, three states had implemented policies explicitly prioritizing treatments based on race, which resulted in multiple legal challenges. This Article analyzes the uphill battle such... |
2022 |
| Daniel S. Harawa |
LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE |
110 California Law Review 681 (June, 2022) |
The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... |
2022 |
| James E. Coleman, Jr. |
LIVING IN THE SHADOW OF AMERICAN RACISM |
85 Law and Contemporary Problems 155 (2022) |
Last night I saw upon the stair A little man who wasn't there He wasn't there again today Oh, how I wish he'd go away . William Hughes Mearns I grew up in segregated Charlotte, North Carolina, in the shadow of racism. It was ubiquitous, but often not discussed. Sometimes it was visible, but more often not. Sadly, it still darkens our country. Like... |
2022 |
| Gregory S. Parks |
MARTIAL ARTS AS A REMEDY FOR RACIALIZED POLICE VIOLENCE |
83 Ohio State Law Journal Online 41 (2022) |
C1-3Table of Contents I. Introduction. 41 II. Race and Police Violence. 42 III. Reducing Police Lethality Through Martial Arts. 46 IV. Conclusion. 52 |
2022 |
| Erin E. Meyers |
MASS CRIMINALIZATION AND RACIAL DISPARITIES IN CONVICTION RATES |
73 Hastings Law Journal 1099 (May, 2022) |
A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are represented in the FBI's master criminal database. Many scholars and commentators have questioned the desirability of mass... |
2022 |
| Andrew J. Arden |
MASS INCARCERATION, DEPRIVATION OF RIGHTS, AND RACIAL SUBORDINATION: U.S. v. GARY, THE AMERICAN GUN CONTROL NARRATIVE, AND UGLY TRUTH BEHIND 18 U.S.C. 922(G) |
2 North Carolina Civil Rights Law Review 141 (Spring, 2022) |
Any unarmed people are slaves or are subject to slavery at any given moment . There is a world of difference between thirty million unarmed, submissive Black people and thirty million Black people armed with freedom and defense guns and the strategic methods of liberation. - Huey P. Newton, Co-Founder and Minister of Defense, Black Panther Party... |
2022 |
| Larry Alexander |
MICHAEL PERRY AND DISPROPORTIONATE RACIAL IMPACT |
23 Journal of Contemporary Legal Issues 469 (2022) |
C1-2Table of Contents I. The Disparate Impact Theory of Racial Discrimination. 470 II. Assessing the Merits of Michael's DRI Theory. 474 III. Disproportionate Racial Impact and Twenty-First Century Racial Politics. 478 |
2022 |
| Kristin M. Kostick-Quenet, I. Glenn Cohen, Sara Gerke, Bernard Lo, James Antaki, Faezah Movahedi, Hasna Njah, Lauren Schoen, Jerry E. Estep, J.S. Blumenthal-Barby |
MITIGATING RACIAL BIAS IN MACHINE LEARNING |
50 Journal of Law, Medicine & Ethics 92 (Spring, 2022) |
Keywords: Algorithmic Bias, Racial Bias, Machine Learning, Artificial Intelligence, Ethics Abstract: When applied in the health sector, AI-based applications raise not only ethical but legal and safety concerns, where algorithms trained on data from majority populations can generate less accurate or reliable results for minorities and other... |
2022 |
| David Simson |
MOST FAVORED RACIAL HIERARCHY: THE EVER-EVOLVING WAYS OF THE SUPREME COURT'S SUPERORDINATION OF WHITENESS |
120 Michigan Law Review 1629 (June, 2022) |
This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court's constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the racial superordination of whiteness--the reinforcing of the superior... |
2022 |
| Andrew Gall |
MOVING FROM HARM MITIGATION TO AFFIRMATIVE DISCRIMINATION MITIGATION: THE UNTAPPED POTENTIAL OF ARTIFICIAL INTELLIGENCE TO FIGHT SCHOOL SEGREGATION AND OTHER FORMS OF RACIAL DISCRIMINATION |
31 Catholic University Journal of Law & Technology 145 (Fall, 2022) |
The United States government took an increasingly hands-on approach to AI development and governance during the 116 and 117 Congresses under Presidents Trump and Biden--creating the Select Committee on AI and the AI Research and Development Interagency Working Group, launching AI.gov, releasing three major reports on the status of AI in the United... |
2022 |
| Courtnee Melton-Fant |
NEW PREEMPTION AS A TOOL OF STRUCTURAL RACISM: IMPLICATIONS FOR RACIAL HEALTH INEQUITIES |
50 Journal of Law, Medicine & Ethics 15 (Spring, 2022) |
Keywords: Racism, Preemption, Health Disparities, State Government, Local Government Abstract: Preemption is a substantial threat to achieving racial equity. Since 2011, states have increasingly preempted local governments from enacting policies that can improve health and reduce racial inequities such as increasing minimum wage and requiring paid... |
2022 |
| Hope J. Estrella |
ONE STEP FORWARD, TWO STEPS BACKWARD: WILL CONNECTICUT ACCEPT THE ONGOING LEGACY OF RACIAL DISCRIMINATION IN JURY SELECTION? |
21 Connecticut Public Interest Law Journal 63 (Spring, 2022) |
The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into a jury box. When the First Continental Congress met in Philadelphia in 1774, they decreed that the right to a jury of one's peers was a fundamental privilege. King George III had... |
2022 |
| Ceci Lopez, JD, LLM , Dolores Calderón, JD, PhD |
PEDAGOGIES OF REFUSAL AS RACIAL REALIST PRAXIS |
20 Seattle Journal for Social Justice 1019 (Summer, 2022) |
As educators in an undergraduate legal program with a social justice mission, we understand our pedagogical practice and responsibility as one that reflects Derrick Bell's Racial Realism. In our classrooms, we acknowledge the inherently racist, sexist, gendered, and colonialist formations of law. We do not teach the study of law as a neutral... |
2022 |
| |
Perpetuating the Presumption of Guilt: The Role of Implicit Racial Bias in Forensic Testimony |
58 Criminal Law Bulletin 1 (2022) |
Executive Director, Forensic Justice Project; J.D., Seattle University School of Law, B.S., New York University. Thank you to my brother and sister, who are my lifelong friends, and to Andy, my partner and champion. |
2022 |
| Alyssa Sloan |
PIGFORD v. GLICKMAN AND THE REMNANTS OF RACISM |
8 One J: Oil and Gas, Natural Resources, and Energy Journal 19 (September, 2022) |
[T]he law of inheritance was the last step to equality .. The family represents the estate, the estate the family, whose name, together with its origin, its glory, its power, and its virtues, is thus perpetuated in an imperishable memorial of the past and as a sure pledge of the future. - Alexis de Tocqueville I feel so proud to say from whence I... |
2022 |
| Griffin Edwards , Stephen Rushin |
POLICE VEHICLE SEARCHES AND RACIAL PROFILING: AN EMPIRICAL STUDY |
91 Fordham Law Review 1 (October, 2022) |
In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a... |
2022 |
| Courtney Lauren Anderson |
POST-PANDEMIC, BUT NOT POST-RACIAL |
15 Saint Louis University Journal of Health Law & Policy 221 (2022) |
The Fair Housing Rights Act and the Voting Rights Act have had measurable success in providing opportunities to address intentional discrimination in housing and voting contexts. Plaintiffs with evidence of direct illegalities have clear frameworks under which justice may be sought, and both Acts provide a path for relief upon violations of housing... |
2022 |
| Marie Boyd |
PREEMPTION & GENDER & RACIAL (IN)EQUITY: WHY STATE TORT LAW IS NEEDED IN THE COSMETIC CONTEXT |
102 Boston University Law Review 167 (February, 2022) |
Much of the legal scholarship on the preemption of state tort law in the food and drug context and beyond has focused on issues of federalism. While the literature has considered the relationship between state tort law and the regulatory system, it has not generally explored the impact the federal preemption of state tort law may have on women and... |
2022 |
| Rick Su , Marissa Roy , Nestor Davidson |
PREEMPTION OF POLICE REFORM: A ROADBLOCK TO RACIAL JUSTICE |
94 Temple Law Review 663 (Summer, 2022) |
C1-2Table of Contents Introduction. 663 I. Overview of the Intergovernmental Administration of Criminal Justice. 665 II. New Preemption of Local Policing. 666 A. Budgeting. 667 B. Police Accountability. 670 C. Management of Police Departments. 671 III. The Importance of Local Discretion Over Police Reform. 673 |
2022 |
| Nooreen Reza |
PROBLEMATIZING LOW-LEVEL POLICING'S RELATIONSHIP WITH RACIALIZED GENTRIFICATION |
29 Virginia Journal of Social Policy and the Law 68 (Winter, 2022) |
Introduction. 69 I. A Primer on Gentrification and Displacement. 71 II. The Empirical Links Between Order Maintenance Policing and Gentrification. 73 A. Development-Directed Policing. 73 B. Neighbor-Driven Policing. 78 III. The Racially Unjust Impacts of Gentrification-Induced Policing. 80 A. Crime Free Housing Laws. 80 B. Community Degradation... |
2022 |
| Leah Goodridge |
PROFESSIONALISM AS A RACIAL CONSTRUCT |
69 UCLA Law Review Discourse 38 (2022) |
This Essay examines professionalism as a tool to subjugate people of color in the legal field. Professionalism is a standard with a set of beliefs about how one should operate in the workplace. While professionalism seemingly applies to everyone, it is used to widely police and regulate people of color in various ways including hair, tone, and food... |
2022 |
| Carol M. Rose |
PROPERTY LAW AND INEQUALITY: LESSONS FROM RACIALLY RESTRICTIVE COVENANTS |
117 Northwestern University Law Review 225 (2022) |
Abstract--A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted... |
2022 |
| Liam H. McMillin |
PROVING RACISM: GIBSON BROS. INC. v. OBERLIN COLLEGE AND THE IMPLICATIONS ON DEFAMATION LAW |
90 University of Cincinnati Law Review 1021 (2022) |
Within a day of the election of Donald Trump in 2016, a seemingly innocuous event occurred in the small college town of Oberlin, Ohio: an Oberlin College student visited a local business, Gibson's, and attempted to use a fake ID to buy a bottle of wine, with two more bottles hidden under his shirt. The man at the counter, Allyn D. Gibson Jr.,... |
2022 |
| Matthew C. Altman , Cynthia D. Coe |
PUNISHMENT THEORY, MASS INCARCERATION, AND THE OVERDETERMINATION OF RACIALIZED JUSTICE |
16 Criminal Law and Philosophy 631 (October, 2022) |
Accepted: 17 September 2021 / Published online: 26 September 2021 © The Author(s), under exclusive licence to Springer Nature B.V. 2021 In recent years, scholars have documented the racial disparities of mass incarceration. In this paper we argue that, although retributivism and deterrence theory appear to be race-neutral, in the contemporary U.S.... |
2022 |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
| Ronak Patel |
RACE-CONSCIOUS INDEPENDENT REDISTRICTING COMMISSIONS: PROTECTING RACIAL MINORITIES' POLITICAL POWER THROUGH RULES-BASED MAP DRAWING |
69 UCLA Law Review 624 (April, 2022) |
The United States is changing, and its democratic process must change with it. A new nonwhite majority is emerging after decades of demographic shift. Federal voting rights doctrine, developed throughout the Civil Rights Era, is premised on a biracial conception of American society. Withering under sustained attack, federal protections have also... |
2022 |
| Atinuke O. Adediran |
RACIAL ALLIES |
90 Fordham Law Review 2151 (April, 2022) |
Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes... |
2022 |
| Kevin D. Brown , Kenneth G. Dau-Schmidt |
RACIAL AND ETHNIC ANCESTRY OF THE NATION'S BLACK LAW STUDENTS: AN ANALYSIS OF DATA FROM THE LSSSE SURVEY |
22 Berkeley Journal of African-American Law & Policy 1 (2022) |
Introduction. 2 I. Changing Racial and Ethnic Ancestries of Black People in the United States Since Affirmative Action Began. 6 A. Historical Race and Ethnicity of Black People at the Commencement of Affirmative Action. 6 B. Current Racial and Ethnic Ancestry of Black People. 8 C. Impact of Change in Census Definitions on the Ability to Collect... |
2022 |
| Nelson Torres-Rios |
RACIAL BARRIERS TO EQUAL PROTECTION: UNITED STATES v. VAELLO MADERO |
49 Rutgers Law Record 102 (2022) |
For most Americans, United States citizenship guarantees all the rights and privileges provided by the federal constitution. For the 3 million American citizens who reside in Puerto Rico, a population greater than 20 states, the constitution does not provide for representation in Congress nor participation in federal elections. Facing dire needs... |
2022 |
| Amy Sings In The Timber, Randi Mattox |
RACIAL BIAS AND WRONGFUL CONVICTIONS |
47-MAR Montana Lawyer 11 (February/March, 2022) |
Innocence work is evolving. The drivers of wrongful convictions are not changing. Rather, advocates around the country are beginning to recognize and acknowledge how racial equity plays a role in ending unjust incarceration in our criminal legal system. Considering who is most often wrongfully convicted and the motivations behind locking up... |
2022 |
| Dan L. Burk |
RACIAL BIAS IN ALGORITHMIC IP |
106 Minnesota Law Review Headnotes 270 (Spring, 2022) |
Justice? Hawkmoon called after him as he left the room. Is there such a thing? It can be manufactured in small quantities, Fank told him. But we have to work hard, fight well and use great wisdom to produce just a tiny amount. Intellectual property law currently stands at the intersection of two dramatic social trends. Machine learning... |
2022 |
| Annie H. Sloan |
RACIAL BIAS IN JURY SELECTION MUST BE ADDRESSED |
61 Judges' Journal 24 (Spring, 2022) |
The problem of racial bias in jury selection has long plagued the American criminal legal system, undermining constitutional guarantees of a fair jury trial and equal justice under law. Recently, some states have begun to tackle this fundamental issue with renewed vigor and creativity. An aggressive effort to combat this longstanding injustice... |
2022 |
| Pavan S. Krishnamurthy |
RACIAL BIAS IN THE UNITED STATES ARMED FORCES: A THREAT TO NATIONAL SECURITY IN THE ERA OF RENEWED GREAT POWER COMPETITION |
29 Virginia Journal of Social Policy and the Law 31 (Winter, 2022) |
Introduction. 33 I. The History of International Security Environments. 35 A. The Cold War Era. 35 B. The Post-Cold War Era. 36 C. The Era of Renewed Great Power Competition. 36 II. Racial Bias in the United States Armed Forces. 38 Diagram 1: Racial Bias within Micro and Macro Perspectives. 40 A. Racial Bias in the Cold War Era. 40 B. Racial Bias... |
2022 |