| Author | Title | Citation | Summary | Year |
| Alison J. Lynch, Esq. , Michael L. Perlin, Esq. |
"I SEE WHAT IS RIGHT AND APPROVE, BUT I DO WHAT IS WRONG": PSYCHOPATHY AND PUNISHMENT IN THE CONTEXT OF RACIAL BIAS IN THE AGE OF NEUROIMAGING |
25 Lewis & Clark Law Review 453 (2021) |
In this Article, we first consider the relevant differences between antisocial personality disorder (ASPD) and psychopathy. Then, we look at the meager cohort of federal sentencing cases in which the issue of psychopathy is even raised, and consider decision-making in this context from the perspective of implicit racial bias. Next, we present some... |
2021 |
| Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD |
"I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY |
25 U.C. Davis Social Justice Law Review 73 (Summer, 2021) |
I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... |
2021 |
| 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 |
| Linda C. McClain, Robert Kent Professor of Law, Boston University School of Law |
BIGOTRY, PROPHECY, RELIGION, AND THE RACE ANALOGY IN MARRIAGE AND CIVIL RIGHTS BATTLES: RESPONDING TO COMMENTARIES ON WHO'S THE BIGOT? |
36 Journal of Law and Religion 358 (August, 2021) |
Who's the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. By Linda C. McClain. Oxford: Oxford University Press, 2020. Pp. 304. $39.95 (cloth); $26.99 (digital). ISBN: 9780190877200. KEYWORDS: bigotry, civil rights law, marriage, prejudice, LGBTQ rights, racism, religious liberty One of the most rewarding parts of writing a book... |
2021 |
| Cristal Nova |
BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE |
30 Annals of Health Law Advance Directive 231 (Spring, 2021) |
The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... |
2021 |
| |
BLACK LIVES DISCOUNTED: ALTERING THE STANDARD FOR VOIR DIRE AND THE RULES OF EVIDENCE TO BETTER ACCOUNT FOR IMPLICIT RACIAL BIASES AGAINST BLACK VICTIMS IN SELF-DEFENSE CASES |
134 Harvard Law Review 1521 (February, 2021) |
Because of implicit biases, information about the victims of violence--such as their criminal records, physical appearances, and lifestyles--can be exploited in an attempt to justify the harm that was inflicted upon them. In particular, there is a substantial risk that defendants tried for acts of violence against Black victims will attempt to... |
2021 |
| Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
| Daniel S. Harawa |
BLACK REDEMPTION |
48 Fordham Urban Law Journal 701 (March, 2021) |
Introduction. 701 I. Revamping the Gross Disproportionality Standard for Excessive Punishment. 703 II. Rethinking Juvenile Life Without Parole. 710 III. Revisiting Racial Disparities in Capital Punishment. 714 Conclusion: The Anti-Racist Eighth Amendment. 718 |
2021 |
| Doriane S. Nguenang Tchenga |
BLACK WOMEN'S HAIR AND NATURAL HAIRSTYLES IN THE WORKPLACE: EXPANDING THE DEFINITION OF RACE UNDER TITLE VII |
107 Virginia Law Review Online 272 (November, 2021) |
Despite the Equal Employment Opportunity Commission's (EEOC) interpretation of Title VII as including cultural characteristics often associated with race or ethnicity, Black women have not successfully litigated the freedom to wear their hair in natural hairstyles in the workplace. Courts have held that racial discrimination in the workplace must... |
2021 |
| |
Book Review |
57 Criminal Law Bulletin 9 (2021) |
Gary Kowaluk is an Assistant Professor of Criminal Justice at Lincoln University in Jefferson City, Missouri. He graduated from the University of Missouri at Kansas City School of Law in 1994 and has been a member of the Missouri Bar Association since 1994. He also earned a M.A. in Sociology in 2000 and a Ph.D. in Sociology and the Social Sciences... |
2021 |
| Sawyer Like |
BURNING IN THE MELTING POT: AMERICAN POLICING AND THE INTERNAL COLONIZATION OF AFRICAN AMERICANS |
22 Rutgers Race & the Law Review 333 (2021) |
We inherit the belief that the past does not matter - we can start over, we can go beyond the racial thinking that, deep down, nearly every American has known is not a wise way of thinking - the funny and often tragic part being that this anti-historical belief is itself an inheritance from our past. On May 25, 2020, George Floyd, a 46-year-old... |
2021 |
| Brendan Joseph Pratt |
CAGES AND COMPENSATORY DAMAGES: SUING THE FEDERAL GOVERNMENT FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS |
68 UCLA Law Review 288 (May, 2021) |
The Trump Administration's zero-tolerance, family separation policy tore thousands of children from their parents. Federal law enforcement officers at the border have caged infants and returned traumatized teenagers to parents only after long periods of detention. The government frustrated family reunification efforts, perhaps indefinitely, by... |
2021 |
| Kenya Glover |
CAN YOU HEAR ME?: HOW IMPLICIT BIAS CREATES A DISPARATE IMPACT IN MATERNAL HEALTHCARE FOR BLACK WOMEN |
43 Campbell Law Review 243 (2021) |
Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians' implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by... |
2021 |
| Dawn M. Hunter , Betsy Lawton |
CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE |
14 Saint Louis University Journal of Health Law & Policy 251 (2021) |
COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... |
2021 |
| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
| Rebecca Brown , Peter Neufeld |
CHIMES OF FREEDOM FLASHING: FOR EACH UNHARMFUL GENTLE SOUL MISPLACED INSIDE A JAIL |
76 New York University Annual Survey of American Law 235 (2021) |
C1-2TABLE OF CONTENTS Introduction. 236 I. Scope of the Problem. 238 II. Foundational Reforms that Reveal Wrongful Convictions. 243 III. Reforms that Prevent Wrongful Convictions. 247 A. Eyewitness Misidentification. 248 1. Initial Reform Efforts. 250 2. Addressing Estimator Variables. 251 3. Where We Want To Go. 253 B. False Confessions. 255 1.... |
2021 |
| Taifha Natalee Alexander |
CHOPPED & SCREWED: HIP HOP FROM CULTURAL EXPRESSION TO A MEANS OF CRIMINAL ENFORCEMENT |
12 Harvard Journal of Sports & Entertainment Law 211 (Spring, 2021) |
C1-2Table of Contents INTRODUCTION. 213 I. Mass Incarceration of Black Men. 216 II. The Intersection of Criminal Justice & Hip Hop. 220 A. Rap Lyrics as Evidence in Criminal Proceedings. 221 B. The Criminal Justice System's Perception of Black Men. 225 C. Prison as Rite of Passage, Not Deterrent. 228 III. Issues With The Probative Versus... |
2021 |
| Sara K. Rankin |
CIVILLY CRIMINALIZING HOMELESSNESS |
56 Harvard Civil Rights-Civil Liberties Law Review 367 (Summer, 2021) |
The criminalization of homelessness refers to the enactment and enforcement of laws and policies that punish unsheltered people for surviving in public space, even when those individuals have no reasonable alternative. The constitutional and civil rights issues stemming from criminally charging unsheltered people for public survival are clear,... |
2021 |
| Naomi Mann |
CLASSROOMS INTO COURTROOMS |
59 Houston Law Review 363 (Fall, 2021) |
The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... |
2021 |
| Radha Natarajan |
COMING TOGETHER FOR CHANGE; COMING TOGETHER TO REMEMBER |
65-WTR Boston Bar Journal 23 (Winter, 2021) |
The sudden loss of Chief Justice Ralph Gants shook this community, even in a year when we faced a deluge of losses. The number of people affected by the news and the outpouring of stories about his impact underscore the many dimensions of his work, commitments, and leadership. While there is so much I could say about Chief Justice Gants--including... |
2021 |
| Ion Meyn |
CONSTRUCTING SEPARATE AND UNEQUAL COURTROOMS |
63 Arizona Law Review 1 (Spring, 2021) |
Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery tools. In contrast, the new criminal rules denied defendants, often litigants of color, any power to discover information. Instead, the new... |
2021 |