| Author | Title | Citation | Summary | Year |
| Gustavo Ribeiro |
EVIDENTIARY POLICIES THROUGH OTHER MEANS: THE DISPARATE IMPACT OF "SUBSTANTIVE LAW" ON THE DISTRIBUTION OF ERRORS AMONG RACIAL GROUPS |
2021 Utah Law Review 441 (2021) |
This Article develops an analytical framework to investigate novel ways in which legal reforms disguised as substantive can affect procedural due process safeguards differently among racial groups. Scholars have long recognized the impact evidence rules have on substantive policies, such as modifying primary incentives or affecting the... |
2021 |
| Jona Goldschmidt, Christopher Donner |
EXCLUSION OF RACE OF SUSPECT FROM CLERY ACT CAMPUS "CRIME ALERTS": RESULTS OF A SURVEY OF CLERY ACT REPORTERS |
28 George Mason Law Review 967 (Spring, 2021) |
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 (Clery Act) requires campus safety authorities at schools receiving federal funds to collect and annually produce statistics regarding crimes occurring on their campuses. The rule promulgated by the US Department of Education (DOE) under the Clery Act... |
2021 |
| Aina N. Watkins |
EXECUTIVE ORDER 13950, ON COMBATING RACE AND SEX STEREOTYPING: ITS EFFECT ON GOVERNMENT CONTRACTORS' USE OF DIVERSITY TRAINING |
56-FALL Procurement Lawyer 10 (Fall, 2021) |
In 2020, President Donald Trump issued an executive order that barred federal agencies from conducting diversity training focusing on anti-racism in the United States; the order came after the debut of the 1619 Project (a critical retrospective on race history in the United States), and in the aftermath of a surge in the Black Lives Matter... |
2021 |
| Nia Johnson, MBE, JD |
EXPANDING ACCOUNTABILITY: USING THE NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CLAIM TO COMPENSATE BLACK AMERICAN FAMILIES WHO REMAINED UNHEARD IN MEDICAL CRISIS |
72 Hastings Law Journal 1637 (August, 2021) |
Black Americans have constantly been victims of health disparities and unequal treatment in healthcare facilities. This is not new. However, more attention has been paid to accounts from Black Americans alleging that their providers ignored them or their families in crisis, leading to grave consequences. Though we do have a medical malpractice... |
2021 |
| Andrew Guthrie Ferguson |
FACIAL RECOGNITION AND THE FOURTH AMENDMENT |
105 Minnesota Law Review 1105 (February, 2021) |
Introduction. 1106 I. Facial Recognition Technology. 1109 A. The Technology. 1110 B. Police Use of Facial Recognition Technology. 1115 1. Face Surveillance. 1116 2. Face Identification. 1119 3. Face Tracking. 1122 4. Non-Law Enforcement Purposes. 1124 II. The Fourth Amendment and the Privacy Problem of Facial Recognition. 1126 A. Pre-Digital Face... |
2021 |
| Charles Eric Hintz |
FAIR QUESTIONS: A CALL AND PROPOSAL FOR USING GENERAL VERDICTS WITH SPECIAL INTERROGATORIES TO PREVENT BIASED AND UNJUST CONVICTIONS |
54 U.C. Davis Law Review Online 43 (February, 2021) |
Bias and other forms of logical corner-cutting are an unfortunate aspect of criminal jury deliberations. However, the preferred verdict system in the federal courts, the general verdict, does nothing to counter that. Rather, by forcing jurors into a simple binary choice--guilty or not guilty--the general verdict facilitates and encourages such... |
2021 |
| Andre Vitale , New Jersey Office of the Public Defender, Jersey City, New Jersey, 201-795-8949, Email andre.vitale@opd.nj.gov |
FIGHTING RACIAL BIAS BY THE POLICE THROUGH SUPPRESSION LITIGATION |
45-JUL Champion 12 (July, 2021) |
Every day, criminal defense lawyers see the negative impact of racial bias in the criminal court system. It can be seen in every decision, starting with police encounters and continuing to discrepancies in sentencing. People of color are far more likely to be stopped and arrested than white people. Police target enforcement and surveillance efforts... |
2021 |
| Carlos Berdejó |
FINANCING MINORITY ENTREPRENEURSHIP |
2021 Wisconsin Law Review 41 (2021) |
Racial disparities pervade America's socioeconomic fabric: minorities lag in educational attainment, employment, income, and wealth. Minorities are also underrepresented in the entrepreneurial space. For example, although minorities account for thirty-eight percent of the population, they own just nineteen percent of businesses. Despite numerous... |
2021 |
| Winnie F. Taylor |
FINTECH AND RACE-BASED INEQUALITY IN THE HOME MORTGAGE AND AUTO FINANCING MARKETS |
33 Loyola Consumer Law Review 366 (2021) |
The racial gap in wealth in the United States is astonishing. A 2019 survey found that the typical White family has eight times the wealth of the typical African American family and five times the wealth of the typical Hispanic family. Unfortunately, discrimination in the home mortgage market and the lending industry has contributed greatly to the... |
2021 |
| Peter N.K. Schuetz |
FLY IN THE FACE OF BIAS: ALGORITHMIC BIAS IN LAW ENFORCEMENT'S FACIAL RECOGNITION TECHNOLOGY AND THE NEED FOR AN ADAPTIVE LEGAL FRAMEWORK |
39 Minnesota Journal of Law & Inequality 221 (Winter, 2021) |
L1-2Table of Contents I: Facial Recognition Technology and Algorithmic Bias. 225 A. Facial Recognition Technology: The Basics of Machine Learning. 225 B. Algorithmic Bias: How Seemingly Objective Machines Further Inequality. 226 II: Law Enforcement's Use of FRT: Investigative Potential, Procedures, and Practices. 229 A. FRT's Potential for Criminal... |
2021 |
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
| Renee Nicole Allen |
FROM ACADEMIC FREEDOM TO CANCEL CULTURE: SILENCING BLACK WOMEN IN THE LEGAL ACADEMY |
68 UCLA Law Review 364 (August, 2021) |
In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another's scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories... |
2021 |
| |
FROM OUR READERS |
50-FEB Colorado Lawyer 12 (February, 2021) |
Although I am elder exempt from CLE, I still feel obliged to comment on the recent article proposal. The article promotes a mandatory CLE requirement for racial justice, equity, diversity, and inclusion, with the catchy acronyms of REDI or a shortened EDI. The number of hours is not specified. The purposes of CLE, according to the website, are... |
2021 |
| Rene Perez |
FROM THREAT TO VICTIM: WHY STAND YOUR GROUND LAWS ARE INHERENTLY PREJUDICED AND DO NOTHING TO FURTHER JUSTICE |
18 Hastings Race and Poverty Law Journal 67 (Winter, 2021) |
Abstract: Stand Your Ground laws give jurors too much leeway in determining what constitutes a reasonable threat in defense cases. By removing the traditional duty to retreat, the reasonableness determination makes or breaks a case and inherently discriminates against people of color. This is because reasonableness can all too easily become a... |
2021 |
| John D. King |
GAMESMANSHIP AND CRIMINAL PROCESS |
58 American Criminal Law Review 47 (Winter, 2021) |
We first learn formal structures of rules, procedures, and norms of conduct through games and sports. These lessons illuminate and inform human behavior in other contexts, including the adversarial world of criminal litigation. As critiques of the legitimacy and fairness of the criminal justice system increase, the philosophy and jurisprudence of... |
2021 |
| Emma Bykerk |
GENDER BIAS FROM JUDGES AND PROSECUTORS: SHAPING WHO CAN AND CANNOT BE A VICTIM OR OFFENDER |
45 Journal of the Legal Profession 297 (Spring, 2021) |
The criminal justice system has several different individuals that have important roles. Judges and prosecutors are among some of the most important people in the criminal justice system. Each have the power to shape the course of a case and, in turn, the future of both the defendant and the victim. Focusing on judges and prosecutors is important... |
2021 |
| Rachel D. Godsil, Sarah E. Waldeck |
HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY |
98 Denver Law Review 523 (Spring, 2021) |
Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... |
2021 |
| William Froehlich |
IDEAS FOR COLLABORATIVE COMMUNITY RESILIENCE: LESSONS FROM AN ACADEMY INITIATIVE DESIGNED FOR COMMUNITY LEADERS |
75 Dispute Resolution Journal 63 (2021) |
In the wake of the Summer of Advocacy for Black Lives, new examples of racial injustice continue to remind us of the issues dividing all our communities. You may have wondered whether you could contribute your expertise in dispute resolution, particularly mediation, as you watched demonstrators express compounded frustration with police practices... |
2021 |
| Hon. Bernice B. Donald |
IMPLICIT BIAS: THE SCIENCE, INFLUENCE, AND IMPACT ON JUSTICE |
22 Sedona Conference Journal 583 (2021) |
Walking, answering the phone, drinking a hot beverage, driving a car, eating out--every day we do many of these things with little conscious effort. When we see steam coming from a hot beverage, it takes little time to process the information to determine its meaning; we know from past experiences that steam coming from a beverage means we should... |
2021 |
| Jim Hilbert |
IMPROVING POLICE OFFICER ACCOUNTABILITY IN MINNESOTA: THREE PROPOSED LEGISLATIVE REFORMS |
47 Mitchell Hamline Law Review 222 (February, 2021) |
I. Introduction. 223 II. Minnesota's Past and Present: Racism and Police Abuse Followed by Studies and Inaction. 233 A. Minnesota History. 233 1. The Largest Mass Execution in the Country. 233 2. The Northernmost Lynching on Record. 235 B. Decades of Studies and Reports with the Same Conclusions (and the Same Inaction). 236 C. Past Signs of... |
2021 |
| Susan Ayres |
INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION |
21 Journal of Law in Society 20 (Winter, 2021) |
INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... |
2021 |
| Nicole P. Dyszlewski |
INTEGRATING DIVERSITY INTO THE 1L CURRICULUM, ONE LIBRARIAN AT A TIME |
25 U.C. Davis Social Justice Law Review 64 (Summer, 2021) |
As I start this essay, I sit at my computer anxious and afraid that I am too white and too untenured to write an essay on a topic as big and important as successfully integrating social justice, diversity, equity, racial justice, equality, oppression, and inclusion into the curriculum in American law schools. I feel this way for a number of... |
2021 |
| |
Investigating and Presenting an Investigative Omission Defense |
57 Criminal Law Bulletin 1 (2021) |
Practicing Attorney in Connecticut and Massachusetts. The author would like to thank Dr. Brian Culter for help with research, and attorneys Andrew O'Shea and James Streeto for comments on the draft. |
2021 |
| Dustin Marlan |
IS THE WORD "CONSUMER" BIASING TRADEMARK LAW? |
8 Texas A&M Law Review 367 (Winter, 2021) |
Our trademark law uses the term consumer constantly, reflexively, and unconsciously to label the subject of its purpose--the purchasing public. According to the U.S. Supreme Court, trademark law has a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid. As one leading... |
2021 |
| Tanya Katerí Hernández , © 2020 |
IS THERE A "MULATTO ESCAPE HATCH" OUT OF RACISM?: A REFLECTION ON MULTIRACIAL EXCEPTIONALISM DURING A TIME OF #BLACKLIVESMATTER |
34 Journal of Civil Rights & Economic Development 65 (Spring, 2021) |
A mulatto escape hatch is an escape from the disabilities of blackness for some colored people. To have a symposium organized to review the ideas in my book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, is an honor, and the JCRED editors, along with their dynamic Faculty Advisors Elaine Chiu and Rosa Castello, have my... |
2021 |
| Holly Fudge |
IT IS TIME TO END ABILITY GROUPING AND "THE SOFT BIGOTRY OF LOW EXPECTATIONS" IT IMPOSES ON MINORITY STUDENTS |
46 University of Dayton Law Review 197 (Spring, 2021) |
I. Introduction. 198 II. Background. 200 A. Pre-Grouping Conditions. 200 B. Teacher Bias. 202 1. Low Expectations. 202 2. Unequal Educational Opportunities. 203 3. Long-Term Consequences. 204 C. Legal Background. 204 1. Is Education a Fundamental Right?. 204 2. Ability Grouping Trends. 205 3. Ability Grouping Litigation. 206 III. Analysis. 207 A.... |
2021 |
| David A. Grenardo |
IT'S WORTH A SHOT: CAN SPORTS COMBAT RACISM IN THE UNITED STATES? |
12 Harvard Journal of Sports & Entertainment Law 237 (Spring, 2021) |
Racism has stained this country throughout its history, and racism persists today in the United States, including in sports. Sports represent a reflection of society and its ills, but they can also provide a powerful means to combat racism. This article examines the state of racism in society and sports both historically and today. It also provides... |
2021 |
| Gregory S. Parks |
JEFFREY RACHLINKSI: MAN, MYTH, LEGEND |
88 University of Chicago Law Review 1757 (November, 2021) |
Jeffrey John Rachlinski was born June 22, 1966, in Buffalo, New York. He graduated from Frontier Central High School in Hamburg, New York, in 1983, where he participated in such activities as band, Chess Club, French Club, Math Club, Mock Trial Group, and Quiz Club. In 1988, Jeff earned his B.A. and M.A. in Psychology from Johns Hopkins University.... |
2021 |
| Mikah K. Thompson |
JUST ANOTHER FAST GIRL: EXPLORING SLAVERY'S CONTINUED IMPACT ON THE LOSS OF BLACK GIRLHOOD |
44 Harvard Journal of Law & Gender 57 (Winter, 2021) |
Introduction. 58 I. The Stereotypic Connection between Blackness and Promiscuity. 59 A. Black Hypersexuality as a Justification for Sexual Violence During Slavery. 60 B. The Persistence of Stereotypes Concerning Black Sexuality in Post-Civil War America. 64 C. Modern-Day Perceptions of Black Sexuality. 66 D. Black Sexuality and the Law of Statutory... |
2021 |
| Nicole Fullem |
KANSAS v. GLOVER: GRANTING LAW ENFORCEMENT FURTHER DISCRETION TO CONDUCT INVESTIGATORY STOPS |
80 Maryland Law Review Online 48 (2021) |
In Kansas v. Glover, the Supreme Court of the United States analyzed the reasonable suspicion doctrine and considered whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle's license plate and learning that the registered owner of that vehicle has a revoked driver's license. The... |
2021 |
| Mary Louise Frampton |
LAW SCHOOL DESIGN FROM A CRITICAL RACE PERSPECTIVE: THE GENESIS OF THE CHARRETTE |
25 U.C. Davis Social Justice Law Review 53 (Summer, 2021) |
Crises often enable us to see the world in a different light and to talk more honestly about painful subjects. COVID-19 has been a calamity that has sown death and despair, distrust, and division, but it has also created the opportunity for this generation of Americans to see how racial hierarchy infects everything. For those who could previously... |
2021 |
| Samuel Vincent Jones |
LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION |
21 Berkeley Journal of African-American Law & Policy 84 (2021) |
Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... |
2021 |
| Jessie Allen |
LAWYERS FOR WHITE PEOPLE? |
69 University of Kansas Law Review 349 (March, 2021) |
Wait a minute. Are you telling me that after I graduate I could go downtown and hang out a sign that says Lawyers for White People? - Student in my Professional Responsibility class In 2016, the American Bar Association adopted a new Model Rule of Professional Conduct that for the first time forbids lawyers from discriminating on the basis of... |
2021 |
| Sama Kahook |
LEFT TO THEIR OWN DEVICES: ADDRESSING RACIAL BIASES IN THE FDA APPROVAL PROCESS FOR MEDICAL DEVICES |
30 Annals of Health Law Advance Directive 153 (Spring, 2021) |
Unconscious bias plagues the medical field and threatens the diagnosis, treatment, and physician-patient relationship between doctors and patients of color. The disparities affecting people of color in the United States include access to health care, the quality of care received, and health outcomes. Healthcare disparities are exacerbated by... |
2021 |
| Jamie R. Abrams |
LEGAL EDUCATION'S CURRICULAR TIPPING POINT TOWARD INCLUSIVE SOCRATIC TEACHING |
49 Hofstra Law Review 897 (Summer, 2021) |
Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long... |
2021 |
| Hunter Glenn Smith |
LEGAL WORK AHEAD: POTENTIAL POTHOLES FOR THE HANDS-FREE GEORGIA ACT |
55 Georgia Law Review 1403 (Spring, 2021) |
Georgia's statutory regulation of distracted driving, the Hands-Free Georgia Act, went into effect in July 2018. The Act is rife with ambiguous and uncertain language that fails to apprise drivers of the legal and practical consequences of their actions. But in the three years since the Act's passage, neither the legislature nor the courts have... |
2021 |
| Martín Sabelli , Law Offices of Martín A. Sabelli, San Francisco, California, 415-298-8435, Email msabelli@sabellilaw.com, Website http://sabellilaw.com |
LEGALIZED COERCION AND MASS INCARCERATION: WHY THE TRIAL PENALTY DOES GREATER VIOLENCE TO PEOPLE OF COLOR AND THE POOR |
45-OCT Champion 5 (September/October, 2021) |
In my first column, I touched on NACDL's commitment to eliminate the trial penalty--the profoundly and unconscionably coercive difference between a pretrial settlement offer and a post-trial sentence. In this column, I explore a painful reality that anyone in the trenches has experienced: The trial penalty punishes everyone caught in the machinery... |
2021 |
| Raymond H. Brescia |
LESSONS FROM THE PRESENT: THREE CRISES AND THEIR POTENTIAL IMPACT ON THE LEGAL PROFESSION |
49 Hofstra Law Review 607 (Spring, 2021) |
The United States faces three simultaneous crises: a pandemic, a civil rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic--though potentially temporary--changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such... |
2021 |
| Sarah Schlossberg, Maya Williams |
LIFE, LIBERTY, AND THE PURSUIT OF EQUITY -- OOPS, I DID IT AGAIN: IDENTIFYING AND RECTIFYING MICROAGGRESSIONS |
67 Practical Lawyer 7 (June 1, 2021) |
Amidst the backdrop of the Me Too and the revitalized Black Lives Matter movements, our society has become hyperaware of the impact that our language and actions have on others. While it may be difficult and, at times, even uncomfortable, now is the time to focus on eradicating bias and equalizing the playing field in the legal profession.... |
2021 |
| Sarah J. Schendel |
LISTEN!: AMPLIFYING THE EXPERIENCES OF BLACK LAW SCHOOL GRADUATES IN 2020 |
100 Nebraska Law Review 73 (2021) |
C1-2TABLE OF CONTENTS I. Introduction. 74 II. The Survey. 79 A. Methodology. 79 B. Survey Questions. 80 III. An Overview of Responses. 81 A. A Grief Gap: The Mental, Physical, and Emotional Toll of COVID-19. 81 B. The Mental, Physical, and Emotional Impact of Racism. 83 C. The Impact of Changes to the Bar Exam. 87 1. Postponement. 87 2.... |
2021 |
| Dan Subotnik |
MAYBE LAW SCHOOLS DO NOT OPPRESS MINORITY FACULTY WOMEN: A CRITIQUE OF MEERA E. DEO'S "UNEQUAL PROFESSION: RACE AND GENDER IN LEGAL ACADEMIA" (STANFORD UP 2019) |
37 Touro Law Review 739 (2021) |
By the fall, 14% of law schools will have Black women in the dean's suite. There is a very complex dynamic going on in the black community where we are encouraged to have a certain sense of cultural fellowship, we are encouraged to not forget the people who we left behind. All of this is perfectly understandable. But unfortunately, a byproduct of... |
2021 |
| Steven T. Taylor |
MCDERMOTT PARTNER MANAGES TWO OFFICES, PRACTICES EMPLOYMENT LAW, AND ADVOCATES FOR DIVERSITY/RACIAL EQUALITY |
40 Of Counsel 24 (February, 2021) |
It didn't take the partners at Chicago-based McDermott Will & Emery long to see the talents that Pankit Doshi brings to their firm. In the two and half years he's been with the partnership, Doshi's risen to the leadership ranks, serving as the managing partner of McDermott's San Francisco and Silicon Valley offices. He advocates for diversity and... |
2021 |
| Sharon Press , Ellen E. Deason |
MEDIATION: EMBEDDED ASSUMPTIONS OF WHITENESS? |
22 Cardozo Journal of Conflict Resolution 453 (Spring, 2021) |
We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Dr. Martin Luther King, Jr. This Article began with the murder of George Floyd by an officer of the Minneapolis Police Department on May 25, 2020, after a convenience store employee reported that... |
2021 |
| Osagie K. Obasogie , Anna Zaret |
MEDICAL PROFESSIONALS, EXCESSIVE FORCE, AND THE FOURTH AMENDMENT |
109 California Law Review 1 (February, 2021) |
Police use of force is a persistent problem in American cities, and the number of people killed at the hands of law enforcement has not decreased even as social movements raise greater awareness. This context has led to reform conversations on use of force that seek less violent ways for police to engage the public. One example of how this might... |
2021 |
| James S. Liebman , Kayla C. Butler , Ian Buksunski |
MINE THE GAP: USING RACIAL DISPARITIES TO EXPOSE AND ERADICATE RACISM |
30 Southern California Review of Law & Social Justice 1 (Winter, 2021) |
For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial... |
2021 |
| Alina Ball |
MINIMIZING THE IMPACT OF COGNITIVE BIAS IN TRANSACTIONAL LEGAL EDUCATION |
52 Connecticut Law Review 1139 (February, 2021) |
This Article explores methods law professors can employ to address the cognitive biases their law students possess. This Article provides concrete thoughts on how transactional law clinics can utilize the social, political, and neuroscience research included in this symposium edition. The partisan divide that evolved over appropriate measures to... |
2021 |
| Erika K. Wilson |
MONOPOLIZING WHITENESS |
134 Harvard Law Review 2382 (May, 2021) |
C1-2CONTENTS Introduction. 2384 I. White-Student Segregation and Social Closure. 2388 A. Defining Social Closure. 2390 B. Social Closure and Racial Segregation in Public Schools: Monopolies. 2392 1. Scarcity. 2393 2. Exclusion. 2396 3. Monopolization. 2400 C. The Normative Case for Regulating White-Student Segregation. 2404 1. Harms to Democracy.... |
2021 |
| Kaitlyn Alger |
MORE THAN WHAT MEETS THE EAR: SPEECH TRANSCRIPTION AS A BARRIER TO JUSTICE FOR AFRICAN AMERICAN VERNACULAR ENGLISH SPEAKERS |
13 Georgetown Journal of Law & Modern Critical Race Perspectives 87 (Winter, 2021) |
C1-3Table of Contents R1-2Introduction . L388 I. Overview of AAVE and its Relationship to the Criminal Justice System. 89 A. AAVE and the Criminal Justice System. 89 B. Origins and Linguistic Features of AAVE. 90 C. Linguistic Bias. 92 II. Court Reporting and the Significance of the Verbatim Record. 92 A. Court Reporter Duties and the Importance of... |
2021 |
| Brooke Simone |
MUNICIPAL REPARATIONS: CONSIDERATIONS AND CONSTITUTIONALITY |
120 Michigan Law Review 345 (November, 2021) |
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations... |
2021 |
| Robin L. Wilson |
OPPORTUNITY KNOCKS TWICE: DESPITE THE MISSED OPPORTUNITY IN FOSTER v. CHATMAN AND FLOWERS v. MISSISSIPPI TO ADDRESS THE DEFICIENCIES IN BATSON v. KENTUCKY, THE CONNECTICUT SUPREME COURT HAS "STEPPED UP TO THE PLATE" TO ENSURE DIVERSITY IN THE SELECTION OF |
39 Quinnipiac Law Review 485 (2021) |
I. Introduction. 486 II. History. 491 A. Federal Precedent. 491 B. Application of Batson in Connecticut. 496 III. Post-Batson Decisions. 498 A. Expansion of Batson's Protections. 498 B. A Retreat From the Expansion of Batson: Post-Batson Decisions and the Deficiencies in the Application of Batson - Hernandez v. New York - Disparate Impact and... |
2021 |