Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. "NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY 43 Campbell Law Review 171 (2021) This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... 2021
Angela Onwuachi-Willig, Anthony V. Alfieri (RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 130 Yale Law Journal 2052 (June, 2021) This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... 2021
Carrie L. Rosenbaum (UN)EQUAL IMMIGRATION PROTECTION 50 Southwestern Law Review 231 (2021) L1-3Table of Contents I. Introduction. 231 II. Equal Protection Intent Doctrine. 236 III. Immigration UnEqual Protection. 243 A. Equal Protection Challenges to Alienage Laws. 245 B. Equal Protection Challenges to Racially Discriminatory Immigration Laws. 246 IV. DHS v. Regents - Intentional Blindness Redoubled. 253 V. Conclusion. 260 2021
Leslie Patrice Culver (UN)WICKED ANALYTICAL FRAMEWORKS AND THE CRY FOR IDENTITY 21 Nevada Law Journal 655 (Spring, 2021) IRAC is not the arbiter of legal analysis. In fairness, it never claimed to be. Yet despite IRAC's willingness to be a prototype of analytical structure incapable of providing creative depth--a sentiment that many within the legal academy have readily acknowledged for decades--its dominance still persists sustained by a presumption of innocence.... 2021
Candice N. Jones A BROKEN PATTERN: A LOOK AT THE FLAWED RISK AND NEEDS ASSESSMENT TOOL OF THE FIRST STEP ACT 5 Howard Human & Civil Rights Law Review 185 (Spring, 2021) The majority of people who are in prison are there because society has failed them. --Angela Y. Davis Incarceration is a primary form of punishment for criminal offenders in the United States. The United States incarcerates individuals at a rate of 698 per 100,000 residents; more per capita than any other nation. The American criminal justice... 2021
The Honorable Ashleigh Parker Dunston A CALL TO ACTION: FIGHTING RACIAL INEQUALITY BEHIND THE BENCH 43 Campbell Law Review 109 (Winter, 2021) When I was asked to write this essay for the Campbell Law Review's issue on The State Court Judges' Perspectives, I was asked to specifically share my experiences with racism in practice and now on the bench. Quite frankly, I'm a thirty-three-year-old, black woman and have been practicing law for only the last eight years and serving on the bench... 2021
Phillip Atiba Goff , Kim Shayo Buchanan A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE 76 New York University Annual Survey of American Law 375 (2021) Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... 2021
Nicole Connell A DEFENSE OF SENATE BILL 1391: THE CALIFORNIA LAW THAT ABOLISHES TRANSFERRING JUVENILES UNDER SIXTEEN TO CRIMINAL COURT 51 Seton Hall Law Review 875 (2021) Daniel Mendoza was fourteen years old when he was arrested for murder. Raised by a single mother, Mendoza's family struggled to secure basic necessities. The family also lived in a dangerous neighborhood, and by age fourteen, Mendoza had joined a local gang. Police arrested Mendoza when he and several other gang members beat a forty-four-year-old... 2021
Avanindar Singh , Sajid A. Khan A PUBLIC DEFENDER DEFINITION OF PROGRESSIVE PROSECUTION 16 Stanford Journal of Civil Rights & Civil Liberties 475 (2021) Introduction. 476 I. End the trial tax and coercive plea bargaining.. 477 II. Stop prosecuting children as adults.. 477 III. Stop seeking or threatening the use of the death penalty.. 478 IV. End gang enhancements.. 479 V. Stop pursuing mandatory life without the possibility of parole (LWOP) sentences.. 479 VI. Hold the police accountable.. 480... 2021
Megan Helton A TALE OF TWO CRISES: ASSESSING THE IMPACT OF EXCLUSIONARY SCHOOL POLICIES ON STUDENTS DURING A STATE OF EMERGENCY 50 Journal of Law and Education 156 (Spring, 2021) Fifteen years ago, stories of men, women, and children fighting for their lives overwhelmed the headlines. With the click of the remote, living rooms across the United States filled with images of families who were stranded on roof tops and overpasses with no help insight. Some began the trek to the superdome, hoping to be met with government... 2021
Laura M. Moy A TAXONOMY OF POLICE TECHNOLOGY'S RACIAL INEQUITY PROBLEMS 2021 University of Illinois Law Review 139 (2021) Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative... 2021
Brittany L. Raposa ADDING A LAYER OF INJUSTICE: AMPLIFIED RACIAL DISPARITIES IN REPRODUCTIVE HEALTH CARE IN THE WAKE OF COVID-19 98 University of Detroit Mercy Law Review 351 (Spring, 2021) Imagine a woman with pre-existing health conditions getting pregnant in the middle of 2020. The woman lives in a large rural area, and her obstetrician is approximately 40 miles away. Due to the pandemic, the woman is laid off from work, and she and her partner are on a tight financial budget, as they already always struggled financially. She feels... 2021
Rangita de Silva de Alwis ADDRESSING ALLYSHIP IN A TIME OF A "THOUSAND PAPERCUTS" 19 Hastings Race and Poverty Law Journal 63 (Winter 2021) In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats... 2021
Jelani Jefferson Exum ADDRESSING RACIAL INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM THROUGH A RECONSTRUCTION SENTENCING APPROACH 47 Ohio Northern University Law Review 557 (2021) Justice reform is having a moment. Across the nation and in the federal government, legislation has passed to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction. While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice... 2021
Professor Mirko Bagaric , Associate Professor Gabrielle Wolf , Daniel McCord , Brienna Bagaric , Nick Fischer AMERICAN EXCEPTIONALISM AT ITS FINEST: "SOFT ON CRIME" NOW A VOTE-WINNER IN THE WORLD'S LARGEST INCARCERATOR 25 Lewis & Clark Law Review 489 (2021) Anyone with even a remote interest in criminal justice was stunned by the soft on crime Republican Party advertisement at Super Bowl LIV in 2020, especially during a presidential election year. The United States of America has pursued an unrelenting, merciless tough on crime approach for half a century, resulting in it being the world's largest... 2021
Stephen Rushin, Griffin Edwards AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING 73 Stanford Law Review 637 (March, 2021) Abstract. This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... 2021
Hannah Goodman ANTI-CARCERAL FUTURES: A COMPARATIVE PERSPECTIVE OF RESTORATIVE AND TRANSFORMATIVE JUSTICE PRACTICES IN THE UNITED STATES AND NEW ZEALAND 44 Fordham International Law Journal 1215 (May, 2021) The United States and New Zealand, two democratic and progressive nations, rely heavily on incarceration structures plagued with institutional racism as their primary form of justice. Several international standards, most notably the United Nations Standard Minimum Rules for Non-Custodial Measures, advocate for more context-inclusive justice... 2021
Daniel Harawa , Brandon Hasbrouck ANTIRACISM IN ACTION 78 Washington and Lee Law Review 1027 (Summer, 2021) Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court's fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet... 2021
Evan D. Bernick ANTISUBJUGATION AND THE EQUAL PROTECTION OF THE LAWS 110 Georgetown Law Journal 1 (October, 2021) C1-2Table of Contents Introduction. 2 I. Equal Protection Theory and Doctrine. 5 a. theory: antidiscrimination versus protection. 5 1. Antidiscrimination. 5 a. Anticlassification. 5 b. Antisubordination. 7 2. Protection. 8 b. doctrine: discriminatory intent, state action, and negative rights. 10 1. Discriminatory Intent. 10 2. The State Action... 2021
Sarah Rudolph Cole ARBITRATOR DIVERSITY: CAN IT BE ACHIEVED? 98 Washington University Law Review 965 (2021) The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract dispute did not include a black arbitrator highlighted ongoing concerns about the lack of diversity in the arbitrator corps. Given arbitration's already less formal structure, one method for... 2021
Olwyn Conway ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES 98 Denver Law Review 457 (Spring, 2021) The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... 2021
Luke Bittar ARE YOU QUALIFIED? A PROCESS TO CERTIFY LABOR ARBITRATORS AS QUALIFIED 34 Georgetown Journal of Legal Ethics 731 (Fall, 2021) For decades, legal scholars, unions, employers, and individual employees have attempted to sift through the labor arbitration field's issues, which include determining the role of an arbitrator, the extent of finality, the role of courts, and the checks on arbitrator power. The aim of resolving these issues is to create a robust, efficient system... 2021
Lindsay deJesus Cress AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS 60 University of Louisville Law Review 203 (Fall, 2021) I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... 2021
Rashmi Dyal-Chand AUTOCORRECTING FOR WHITENESS 101 Boston University Law Review 191 (January, 2021) Autocorrect presumes Whiteness. Across a range of products and applications, autocorrect consistently corrects names that do not look White or Anglo. Sometimes autocorrect changes names to their closest Anglo approximations (as in Ayaan to Susan). Sometimes it suggests replacements that are not proper names (as in DaShawn to dash away). Often,... 2021
Tamara F. Lawson AWAKENING THE AMERICAN JURY: DID THE KILLING OF GEORGE FLOYD ALTER JUROR DELIBERATIONS FOREVER? 58 Houston Law Review 847 (Symposium, 2021) In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the... 2021
Vidhaath Sripathi BARS BEHIND BARS: RAP LYRICS, CHARACTER EVIDENCE, AND STATE v. SKINNER 24 Journal of Gender, Race and Justice 207 (Spring, 2021) I. Introduction. 207 II. Background. 209 A. History and Development of Rap Music in Popular Culture. 210 1. Origins of Rap and Hip-Hop Music. 211 2. Gangsta Rap and Hip-Hop's Commercial Success. 213 3. Censorship of Rap Music. 214 4. Rap as Mainstream--The Most Popular Genre in the Country. 216 5. Existing Racial and Cultural Perceptions of Rap... 2021
Nicole Mirkazemi BART: THE ENRON OF PUBLIC TRANSIT THE NEED FOR CSR IN U.S. PUBLIC TRANSPORTATION 17 Hastings Business Law Journal 371 (Summer, 2021) It's like working in a prison without guards. There are safety issues that I was not trained to handle. . [W]e do have safety issues on BART. In recent years, the concept of corporate social responsibility (CSR) has become popular in corporate America as businesses have accepted the idea that they maintain an obligation to the surrounding... 2021
Jeffrey J. Rachlinski , Andrew J. Wistrich BENEVOLENT SEXISM IN JUDGES 58 San Diego Law Review 101 (February-March, 2021) C1-2Table of Contents I. Introduction. 101 II. Benevolent Sexism in Family Court and Criminal Sentencing. 106 A. Gender Disparities in Family Court. 110 B. Gender Disparities in Criminal Sentencing. 116 III. Family Court: Methods, Judges, and Results. 121 A. Materials. 122 B. Judges. 123 C. Results. 125 IV. Criminal Sentencing: Methods, Judges, and... 2021
Anne D. Gordon BETTER THAN OUR BIASES: USING PSYCHOLOGICAL RESEARCH TO INFORM OUR APPROACH TO INCLUSIVE, EFFECTIVE FEEDBACK 27 Clinical Law Review 195 (Spring, 2021) As teaching faculty, we are obligated to create an inclusive learning environment for all students. When we fail to be thoughtful about our own bias, our teaching suffers - and students from under-represented backgrounds are left behind. This paper draws on legal, pedagogical, and psychological research to create a practical guide for clinical... 2021
Andrea Galvez BIAS AND IMMIGRATION: A NEW FACTORS TEST TO EXAMINE EXTRINSIC EVIDENCE OF ANIMUS IN IMMIGRATION CASES 71 Emory Law Journal 57 (2021) Courts have historically struggled to consistently consider extrinsic evidence of animus and bias in immigration cases. In two key cases concerning challenges to restrictive immigration policies of the Trump Administration-- Trump v. Hawaii and DHS v. Regents of the University of California--the Supreme Court shied away from considering numerous... 2021
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