AuthorTitleCitationSummaryYear
The Hon. George Phelan, Annelise Araujo, Donald G. Tye IMMIGRATION BIAS IN FAMILY LAW PRACTICE 44-WTR Family Advocate 29 (Winter, 2022) Lawyers and judges who identify as white, cisgender, heterosexual men have long been overrepresented in the family law bar. Meanwhile, immigrants, first-generation Americans, and LGBTQ+ people are appearing before the court more often. As these demographic shifts continue, family law practitioners are more likely than ever to encounter parties... 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
Moira Gray , Fall 2021 Intern, NDAA IMPLICIT BIAS TRAININGS: THE FUTURE OR A FAILURE? (INTERN EDITION) 56-JAN Prosecutor 30 (January, 2022) Following the racial tension and protests of 2020, many municipalities are seeking ways to display their commitment towards racial equality and equity. Law enforcement agencies must prove to their constituents that they are fighting against racism, both structurally and with accountability for individuals. The conversation on improving our criminal... 2022
Leonard E. Birdsong IN QUEST OF GENDER-BIAS IN DEATH PENALTY CASES: ANALYZING THE ENGLISH SPEAKING CARIBBEAN EXPERIENCE 10 Indiana International & Comparative Law Review 317 (2000) I. L2-3,T3Introduction 317 II. L2-3,T3A Perspective on the Death Penalty in the Caribbean 319 A. The Death Penalty Debate. 319 B. Pratt and Morgan. 321 III. L2-3,T3Trinidad, Women on Death Row, and Ramjattan 323 A. Trinidad. 323 B. Women on Death Row. 324 C. The Ramjattan Case. 324 D. The Privy Council Ruling. 326 IV. L2-3,T3Back to the Court of... 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
Ann Mead Hooker, J.D. and Doctor of Forestry & Environmental Studies Program Analyst, Forest Service U.S. Department of Agriculture Washington, D.C. U.S.A. INTRODUCTION TO WORLD FORESTRY; THE LAST TREE: RECLAIMING THE ENVIRONMENT IN TROPICAL ASIA; GENDER BIAS: ROADBLOCK TO SUSTAINABLE DEVELOPMENT; MANAGING THE WORLD'S FORESTS: LOOKING FOR BALANCE BETWEEN CONSERVATION AND DEVELOPMENT 33 Natural Resources Journal 529 (Spring, 1993) During the 1980s, conservationists drew world attention to the issue of tropical rainforest destruction. Concern soon broadened to the general problem of forest conservation, and in June 1992 at the United Nations Conference on Human Development and the Environment in Rio de Janeiro, the international community agreed on a set of forest principles.... 2022
Leigh Harvis-Nazzario IT'S NOT THE ALGORITHMS, IT'S THE PEOPLE: PREVENTING BIAS IN AUTOMATED HIRING TOOLS STARTS WITH HUMANS 49 Rutgers Computer and Technology Law Journal 138 (2022) I. INTRODUCTION. 139 II. BACKGROUND. 139 A. A Recipe for Algorithms. 140 B. Algorithms in the Hiring Process. 142 C. Bias in Recruitment Algorithms. 144 D. Examples of Algorithmic Discrimination. 147 III. ANTI-DISCRIMINATION LAWS IN THE CONTEXT OF PREDICTIVE HIRING SOLUTIONS. 151 A. The Equal Employment Opportunity Commission (EEOC). 152 1. Office... 2022
Elizabeth Low KEEPING CULTURAL BIAS OUT OF THE COURTROOM: HOW ICWA "QUALIFIED EXPERT WITNESSES" MAKE A DIFFERENCE 44 American Indian Law Review 43 (2019) For centuries, Indians were regarded as an inferior people causing the government to make efforts to assimilate--and later to dismantle--Indian families to improve and protect the identity of the United States. In the 1970s, the government embraced an era of self-determination for American Indians by creating laws that would simultaneously protect... 2022
Donald J. Polden , Jenna M. Anderson LEADERSHIP TO ADDRESS IMPLICIT BIAS IN THE LEGAL PROFESSION 62 Santa Clara Law Review 63 (2022) This Article discusses the problem of implicit bias within the legal profession; why its persistence impedes the work that lawyers do; and the need for leaders to take steps to recognize, understand, and ameliorate it. Implicit biases, also referred to as unconscious biases, are prejudices that people have, but are unaware of their existence. These... 2022
McKenzi B. Baker MADE WHOLE: THE EFFICACY OF LEGAL REDRESS FOR BLACK WOMEN WHO HAVE SUFFERED INJURIES FROM MEDICAL BIAS 57 Harvard Civil Rights-Civil Liberties Law Review 321 (Summer, 2022) Kira Johnson died a preventable death when physicians at Cedars-Sinai Medical Center failed to adequately respond to hemorrhaging from what was supposed to be a routine cesarean section. After waiting twelve hours for imperative attention that could have saved her life, Kira's husband was callously told that she was just not a priority. Four hours... 2022
W. Nicholson Price II MEDICAL AI AND CONTEXTUAL BIAS 33 Harvard Journal of Law & Technology 65 (Fall, 2019) C1-2Table of Contents I. Introduction. 66 II. The Promise of Black-Box Medicine. 70 A. Advancing Medical Knowledge. 70 B. Automating the Routine. 71 C. Democratizing Expertise. 73 1. Diagnostics and Treatment Recommendations. 74 a. Diagnostics. 74 b. Treatment Recommendations. 76 2. Contexts of Application. 77 III. Where Medical AI Is... 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
Jeffrey Fagan NO RUNS, FEW HITS, AND MANY ERRORS: STREET STOPS, BIAS, AND PROACTIVE POLICING 68 UCLA Law Review 1584 (February, 2022) Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient... 2022
Michael R. Curran ON COMMON GROUND: USING CULTURAL BIAS FACTORS TO DECONSTRUCT ASIA-PACIFIC LABOR LAW 30 George Washington Journal of International Law and Economics 349 (1996-1997) C1-3Table of Contents I. Introduction: The World's Web. 351 II. Cultural Bias Factors in Comparative Labor Law. 355 III. Asian Growth: Political, Economic, and Legal Factors Affecting Organized Labor. 360 A. The Example of Thailand. 361 B. Important Regional Political, Economic, and Labor Law Factors. 367 1. Political and Economic Aspects. 367 2.... 2022
Bryce P. Harp ONE NATION? REEXAMINING TRIBAL SOVEREIGN IMMUNITY IN THE MODERN ERA OF SELF-DETERMINATION 46 Tulsa Law Review 449 (Spring 2011) The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... 2022
Jordan Buckwald OUTRUNNING BIAS: UNMASKING THE JUSTIFICATIONS FOR EXCLUDING NON-BINARY ATHLETES IN ELITE SPORT 44 Harvard Journal of Law & Gender 1 (Winter, 2021) The inclusion of intersex and transgender athletes in sport has long been the subject of vigorous debate. Elite sport governing bodies like the International Association of Athletics Federations have attempted to articulate policies limiting the extent to which such athletes can compete in the female category. The most common reasons given to... 2022
  Perpetuating the Presumption of Guilt: The Role of Implicit Racial Bias in Forensic Testimony 58 Criminal Law Bulletin ART 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
Mark W. Cordes POLICING BIAS AND CONFLICTS OF INTEREST IN ZONING DECISIONMAKING 65 North Dakota Law Review 161 (1989) Courts have traditionally reviewed zoning decisions for substantive correctness, applying in most instances the deferential arbitrary and capricious standard. In recent years, however, courts have increasingly reviewed zoning decisions for procedural correctness, such as the satisfaction of notice and hearing requirements. This reflects a growing... 2022
Ann Marie Janus PROFESSIONAL RESPONSIBILITY - JUDICIAL DISQUALIFICATION FOR APPEARANCE OF BIAS - JENKINS v. STERLACCI, 849 F.2D 627 (D.C. CIR. 1988). 62 Temple Law Review 1075 (Fall, 1989) In Jenkins v. Sterlacci, the United States Court of Appeals for the District of Columbia held that waiver of judicial disqualification under 28 U.S.C. ยง 455(e) may be implied when a party has only constructive knowledge of facts supporting an appearance of impropriety claim and fails to object. The court held that the waiver may be implied even... 2022
Linda A. Malone PROTECTING THE LEAST RESPECTED: THE GIRL CHILD AND THE GENDER BIAS OF THE VIENNA CONVENTION'S ADOPTION AND RESERVATION REGIME 3 William & Mary Journal of Women and the Law 1 (Spring, 1997) Your children are not your children They are the sons and daughters of life's longing for itself They come through you but they are not from you and though they are with you They belong not to you You can give them your love but not your thoughts They have their own thoughts They have their own thoughts You can house their bodies but not their... 2022
Katherine M. Becker RACIAL BIAS AND PRISON DISCIPLINE: A STUDY OF NORTH CAROLINA STATE PRISONS 43 North Carolina Central Law Review 1 (2021) Black and Indigenous people receive disproportionate disciplinary write-ups in the North Carolina state prison system. As a result, incarcerated Black and Indigenous people are more likely than their white counterparts to experience disciplinary sanctions, including solitary confinement. In this Article, I analyze data from the North Carolina... 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
Brendan Lantz, Marin R. Wenger, Zachary T. Malcom, College of Criminology and Criminal Justice, Florida State University SEVERITY MATTERS: THE MODERATING EFFECT OF OFFENSE SEVERITY IN PREDICTING RACIAL DIFFERENCES IN REPORTING OF BIAS AND NONBIAS VICTIMIZATION TO THE POLICE 46 Law and Human Behavior 15 (February, 2022) Objective: Previous research has noted contradictory findings regarding race and police notification, such that Black people indicate higher levels of distrust in the police yet report victimization to the police at rates similar to or higher than others. We investigated the role of offense severity in accounting for these discrepancies.... 2022
Elizabeth F. Schwartz SEXUAL ORIENTATION AND GENDER IDENTITY BIAS 44-WTR Family Advocate 17 (Winter, 2022) Too often, when people talk about bias, they neglect to address the homophobia and transphobia that continue to exist in every corner of our society. LGBTQ+ individuals and families may have gained some ground legally, politically, and culturally in America, but it is often said that no civil rights movement has ever ended--and the movement for... 2022
Susan J. S. Abramowich SOCIOECONOMIC BIAS IN FAMILY COURT 44-WTR Family Advocate 38 (Winter, 2022) Families come to our courts in all shapes and sizes. Different backgrounds, cultural understandings and traditions, and knowledge of the legal system comprise the litigants appearing in family court. Each family expects the court to help them, to afford them justice in making life-altering determinations that affect the very fabric of their lives.... 2022
Dr. Waseem Ahmad Qureshi STEMMING THE BIAS OF CIVIL AND POLITICAL RIGHTS OVER ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 46 Denver Journal of International Law and Policy 289 (Summer, 2018) To comprehend the true meaning of economic, social, and cultural rights as human rights, first it is important to understand that all human rights are consistently interconnected with seemingly distant moral values, political narratives, and legal technicalities. Throughout history, people have struggled to preserve human dignity, and in essence... 2022
Aishwarya Chouhan STRUCTURAL AND DISCRETIONARY BIAS: APPOINTMENT OF FEMALE JUDGES IN INDIA 21 Georgetown Journal of Gender and the Law 725 (Spring, 2020) Gender bias in appointments at different judicial levels, whether in explicit or implicit forms, has been a prominent cause of the skewed gender ratio in the higher Indian judiciary. By basing this assertion on empirically collected qualitative and quantitative data, I argue that such bias operates in two forms: Structural bias and discretionary... 2022
Jonathan S. Gould , David E. Pozen STRUCTURAL BIASES IN STRUCTURAL CONSTITUTIONAL LAW 97 New York University Law Review 59 (April, 2022) Structural constitutional law regulates the workings of government and supplies the rules of the political game. Whether by design or by accident, these rules sometimes tilt the playing field for or against certain political factions--not just episodically, based on who holds power at a given moment, but systematically over time--in terms of... 2022
Gabrielle Ploplis SYSTEMATIC RACISM, ABORTION AND BIAS IN MEDICINE: ALL THREADS WOVEN IN THE CLOTH OF RACIAL DISPARITY FOR MOTHERS AND INFANTS 35 Journal of Law and Health 370 (30-May-22) C1-3TABLE OF CONTENTS I. INTRODUCTION 372 II. Legal History: Discrimination in Medical Care for Racial and Ethnic Minorities 375 III. Disparities in Health Outcomes for Black and Indigenous Women: Maternal and Infant Mortality 385 IV. Potential Causes of Racial Disparities in Maternal and Infant Mortality Rates: Why do minority communities suffers... 2022
Jordana R. Goodman SY-STEM-IC BIAS: AN EXPLORATION OF GENDER AND RACE REPRESENTATION ON UNIVERSITY PATENTS 87 Brooklyn Law Review 853 (Spring, 2022) Women and people of color have been systemically excluded from participation in science, technology, engineering, and math (STEM) fields in the United States for centuries. This inability to participate, coupled with disparate abilities to own and control property, created STEM access gaps still evident in the United States today. In the... 2022
Steve Calandrillo , Nolan Kobuke Anderson TERRIFIED BY TECHNOLOGY: HOW SYSTEMIC BIAS DISTORTS U.S. LEGAL AND REGULATORY RESPONSES TO EMERGING TECHNOLOGY 2022 University of Illinois Law Review 597 (2022) Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less. --Marie Curie Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic... 2022
Charlotte S. Alexander TEXT MINING FOR BIAS: A RECOMMENDATION LETTER EXPERIMENT 59 American Business Law Journal L.J. 5 (Spring, 2022) This article uses computational text analysis to study the form and content of more than 3000 recommendation letters submitted on behalf of applicants to a major U.S. anesthesiology residency program. The article finds small differences in form and larger differences in content. Women applicants' letters were more likely to contain references to... 2022
Richard K. Greenstein THE ACTION BIAS IN AMERICAN LAW: INTERNET JURISDICTION AND THE TRIUMPH OF ZIPPO DOT COM 80 Temple Law Review 21 (Spring 2007) American law reflects the stories we tell ourselves about whom we are as a nation. To illustrate the effect of America's stories on the law, I identify and describe in this Essay a particular characteristic of American law--an action bias--a propensity to bestow disproportionately greater legal significance on affirmative acts than on failures to... 2022
John G. Sprankling THE ANTIWILDERNESS BIAS IN AMERICAN PROPERTY LAW 63 University of Chicago Law Review 519 (Spring 1996) The American wilderness is dying. At the dawn of the nineteenth century, over 95 percent of the nation was pre-Columbian wilderness: forests, prairies, wetlands, deserts, and other lands in primeval condition, without any human imprint. Today, on the eve of the twenty-first century, wilderness remnants occupy between 10 and 20 percent of the... 2022
Andrew S. Pollis THE APPELLATE JUDGE AS THE THIRTEENTH JUROR: COMBATING IMPLICIT BIAS IN CRIMINAL CONVICTIONS 95 Temple Law Review Rev. 1 (Fall, 2022) Research has documented the role that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. This Article proposes a novel solution to the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for a retrial when the trial record raises suspicions of a... 2022
Maytal Gilboa THE COLOR OF PAIN: RACIAL BIAS IN PAIN AND SUFFERING DAMAGES 56 Georgia Law Review 651 (Spring, 2022) For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff's race when calculating compensatory tort damages, and... 2022
Colin Miller THE CONSTITUTIONAL RIGHT TO AN IMPLICIT BIAS JURY INSTRUCTION 59 American Criminal Law Review 349 (Spring, 2022) The Supreme Court has gone to great lengths to prevent jurors from holding defendants' silence against them. In a trilogy of opinions, the Court concluded that when a defendant refrains from testifying, (1) the prosecutor and judge cannot make adverse comments about that decision; (2) the judge can give a no adverse inference instruction even... 2022
Christina Morris THE CORRECTIVE VALUE OF PROSECUTORIAL DISCRETION: REDUCING RACIAL BIAS THROUGH SCREENING, COMPASSION, AND EDUCATION 31 Boston University Public Interest Law Journal 275 (Summer, 2022) Introduction. 276 I. Implicit Bias in the Criminal Justice System. 278 A. What is Implicit Bias?. 278 B. Measuring Implicit Bias. 279 C. Implicit Bias and the Criminal Justice System. 281 II. The Role of the Prosecutor in Perpetuating Racial Injustice. 283 III. Current Solutions are Inadequate. 287 IV. Moving Forward: Addressing the Unconscious.... 2022
Rachel V. Rose, Mark Kleiman THE CRITICAL ROLE THAT MEN PLAY IN THWARTING BIAS AND HOSTILITY TOWARD WOMEN 69-AUG Federal Lawyer 72 (July/August, 2022) Previously, The Federal Lawyer published The Subtle and Not-So-Subtle Impact of Bias on Women and Minorities, which received several positive comments regarding raising awareness of the important issue of bias and the related notion of mansplaining. The most significant question received from men was what can I do to change things? This inquiry... 2022
Eddie Bernice Johnson , Lawrence J. Trautman THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA 48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... 2022
Shi-Ling Hsu THE IDENTIFIABILITY BIAS IN ENVIRONMENTAL LAW 35 Florida State University Law Review 433 (Winter, 2008) The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person's situation will influence human decisionmaking. This human propensity has biased law and public policy against... 2022
Mirko Bagaric , Jennifer Svilar , Melissa Bull , Dan Hunter , Nigel Stobbs THE SOLUTION TO THE PERVASIVE BIAS AND DISCRIMINATION IN THE CRIMINAL JUSTICE SYSTEM: TRANSPARENT AND FAIR ARTIFICIAL INTELLIGENCE 59 American Criminal Law Review 95 (Winter, 2022) Algorithms are increasingly used in the criminal justice system for a range of important matters, including determining the sentence that should be imposed on offenders; whether offenders should be released early from prison; and the locations where police should patrol. The use of algorithms in this domain has been severely criticized on a number... 2022
Claire P. Donohue THE UNEXAMINED LIFE: A FRAMEWORK TO ADDRESS JUDICIAL BIAS IN CUSTODY DETERMINATIONS AND BEYOND 21 Georgetown Journal of Gender and the Law 557 (Spring, 2020) Scholars and litigators alike have long wondered about what is on the minds of judges. Kahan et al. have studied how judges' political commitments influence their perception of legally consequential facts. Sheri Johnson et al. confirmed the presence of implicit bias among a sample of judges and analyzed the relationship between that bias and the... 2022
Mark B. Baer UNCHECKED BIASES IN FAMILY LAW ARE PERVASIVE AND HARMFUL 44-WTR Family Advocate 6 (Winter, 2022) The issue of bias is receiving increasing attention because, left unchecked, biases cause errors in judgment, which can result in various degrees of harm. In her recently published book The Inclusive Leader: Taking Intentional Action for Justice and Equity, Dr. Artika R. Tyner presents various studies that reveal the particularly high prevalence of... 2022
Anna K. Krause UNIVERSITY BIAS RESPONSE TEAMS: BALANCING STUDENT FREEDOM FROM DISCRIMINATION AND FIRST AMENDMENT RIGHTS THROUGH STUDENT OUTREACH 55 Indiana Law Review 809 (2022) The field of higher education is working to balance student First Amendment rights with the creation of inclusive learning environments for all students. Incidents involving alleged bias are a consistent presence across college and university campuses in the United States--a recent report found that eighty-four percent of surveyed university equal... 2022
Thomas G. Shannan "ARE WE THERE YET?" NO.: THE NUMBERS THAT SUPPORT ADOPTING AUTOMATIC APPEALS IN JUVENILE DELINQUENCY PROCEEDINGS 106 Cornell Law Review 1629 (September, 2021) Introduction. 1630 I. The Rise and Fall of the Rehabilitative Juvenile Court. 1633 A. The Rise: Common Law Roots and the Early Years. 1633 B. The Adjustment: Introducing Due Process. 1638 C. The Fall: Get Tough on Crime and the Transformation to a More Punitive Court. 1641 II. The (Non)Existent Right to Juvenile Delinquency Appeals. 1644 A. Brief... 2021
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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