| Author | Title | Citation | Summary | Year |
| 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 |
| Anne-Marie Hakstian, Victoria Chase |
CONSUMER DISCRIMINATION IN THE HEALTH CARE INDUSTRY |
33 Loyola Consumer Law Review 301 (2021) |
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the ground of race, color, or national origin, by a program or activity receiving financial assistance from the federal government. Section 1557 of the Patient Protection and Affordable Care Act (ACA), in harmony with Title VI, protects consumers from discrimination on the basis... |
2021 |
| Victor M. Jones |
COVID-19 AND THE "VIRTUAL" SCHOOL-TO-PRISON PIPELINE |
41 Children's Legal Rights Journal 105 (2021) |
On March 11, 2020, the World Health Organization (WHO) classified the COVID-19 disease as a global epidemiological pandemic, prompting an emergency response by countries that are members of WHO, including the United States. Two days later, the executive branch of the U.S. federal government declared the COVID-19 pandemic a national emergency, and... |
2021 |
| Ralph D. Gants, Paula M. Carey, former Chief Justice of the Supreme Judicial Court, Chief Justice of the Trial Court |
CREATING COURTS WHERE ALL ARE TRULY EQUAL |
65-WTR Boston Bar Journal 4 (Winter, 2021) |
View and share the pdf version of the article here. Our beloved colleague and friend Ralph Gants was passionately committed to the ideal of providing equal justice for all and, in pursuit of that goal, as Chief Justice he worked tirelessly and persistently to eradicate racial and ethnic inequities from our legal system. His dedication to this cause... |
2021 |
| Laila L. Hlass , Lindsay M. Harris |
CRITICAL INTERVIEWING |
2021 Utah Law Review 683 (2021) |
Critical lawyering--also at times called rebellious, community, and movement lawyering--attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering... |
2021 |
| E. Tendayi Achiume , Devon W. Carbado |
CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW |
67 UCLA Law Review 1462 (April, 2021) |
By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... |
2021 |
| Kimberley Crockett |
CULTURALLY COURAGEOUS CONVERSATIONS |
2021-SUM West Virginia Lawyer 42 (Summer, 2021) |
In his 1963 letter from the Birmingham jail, Martin Luther King Jr. wrote [i]njustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Culturally Courageous Conversations is a 2020 webinar and article series... |
2021 |
| Laura G. Jensen |
DEADLY BIAS: WHY NORTH CAROLINA'S LEGACY OF SYSTEMIC RACISM WITHIN CAPITAL SENTENCING NECESSITATES THE REINSTATEMENT OF THE RACIAL JUSTICE ACT |
30 Boston University Public Interest Law Journal 251 (Summer, 2021) |
Introduction. 252 I. The Legacy of Racial Discrimination in Capital Sentencing. 254 A. The Equal Protection Clause and the Requirement of Purposeful Discrimination. 254 B. The History of Capital Punishment in North Carolina and Its Lasting Legacy. 256 C. The North Carolina Racial Justice Act's Purpose and Allowance of Statistical Evidence to Prove... |
2021 |
| Marvel L. Faulkner |
DEAR COURTS: I, TOO, AM A REASONABLE MAN |
48 Pepperdine Law Review 223 (January, 2021) |
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American... |
2021 |
| Jonathan P. Feingold |
DEFICIT FRAME DANGERS |
37 Georgia State University Law Review 1235 (Summer, 2021) |
Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice. Specifically, certain civil rights doctrines reward plaintiffs... |
2021 |
| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (October 29, 2021) |
Abstract--The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |
| Catherine Siyue Chen, Fernando P. Cosio, Deja Ostrowski, Dina Shek |
DEVELOPING A PEDAGOGY OF COMMUNITY PARTNERSHIP AMIDST COVID-19: MEDICAL-LEGAL PARTNERSHIP FOR CHILDREN IN HAWAI'I |
28 Clinical Law Review 107 (Fall, 2021) |
The Medical-Legal Partnership for Children in Hawai'i (MLPC) has partnered with low-income families in community health and public housing settings for over a decade to provide direct legal services and engage in systemic advocacy. The MLPC model of legal services is rooted in our pedagogy of community partnership that seeks to confront the... |
2021 |
| Jennifer S. Bard |
DEVELOPING LEGAL FRAMEWORK FOR REGULATING EMOTION AI |
27 Boston University Journal of Science and Technology Law 271 (Summer, 2021) |
The skull should be designated as a domain of absolute privacy. No one should be able to probe an individual's mind against their will. We should not permit it with a court order. We should not permit it for military or national security. We should forgo the use of the technology under coercive circumstances even though using it may serve the... |
2021 |
| Katrina Lee |
DISCRIMINATION AS ANTI-ETHICAL: ACHIEVING SYSTEMIC CHANGE IN LARGE LAW FIRMS |
98 Denver Law Review 581 (Spring, 2021) |
As protests calling for racial justice erupted across the country in 2020, many large law firms issued compelling statements acknowledging systemic inequities and bias. During the preceding few decades, firms had already expressed their commitment to diversity, equity, and inclusion; some had launched well-publicized diversity initiatives. Still,... |
2021 |
| Jordan Brewington |
DISMANTLING THE MASTER'S HOUSE: REPARATIONS ON THE AMERICAN PLANTATION |
130 Yale Law Journal 2160 (June, 2021) |
In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and present-day cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a... |
2021 |
| Peter Blanck , Fitore Hyseni , Fatma Altunkol Wise |
DIVERSITY AND INCLUSION IN THE AMERICAN LEGAL PROFESSION: DISCRIMINATION AND BIAS REPORTED BY LAWYERS WITH DISABILITIES AND LAWYERS WHO IDENTIFY AS LGBTQ+ |
47 American Journal of Law & Medicine 9 (2021) |
This article is part of an ongoing body of investigation examining the experiences of lawyers with diverse and multiple minority identities, with particular focus on lawyers with disabilities; lawyers who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+ as an overarching term); and lawyers with minority identities associated... |
2021 |
| Bianca Velez |
DO THE POLICE PROTECT AND SERVE ALL PEOPLE IN THE UNITED STATES?: A SURVEY OF THE PROBLEMS WITHIN MODERN POLICING AND SOLUTIONS TO ENSURE THE POLICE PROTECT AND SERVE US ALL |
55 University of San Francisco Law Review 421 (2021) |
ON MAY 25TH, 2020, MINNEAPOLIS POLICE responded to a call from a convenience store employee alleging that a Black man named George Floyd had made a purchase with a counterfeit twenty-dollar bill. Four police officers subsequently detained Mr. Floyd, and within seventeen minutes of the first squad car arriving at the scene, Mr. Floyd was handcuffed,... |
2021 |
| Gary J. Simson |
ELECTION LAWS DISPROPORTIONATELY DISADVANTAGING RACIAL MINORITIES, AND THE FUTILITY OF TRYING TO SOLVE TODAY'S PROBLEMS WITH YESTERDAY'S NEVER VERY GOOD TOOLS |
70 Emory Law Journal 1143 (2021) |
In the final weeks leading up to the 2020 national election, scarcely a day seemed to pass without news of a challenge to, or court decision on, a state election law that, though race-neutral on its face, was likely to disproportionately disadvantage racial minorities. Sadly, state legislative activities since the election have offered little... |
2021 |
| Paul Heaton |
ENHANCED PUBLIC DEFENSE IMPROVES PRETRIAL OUTCOMES AND REDUCES RACIAL DISPARITIES |
96 Indiana Law Journal 701 (Spring, 2021) |
Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention. This... |
2021 |
| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
47 Mitchell Hamline Law Review 224 (November, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America's law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial... |
2021 |
| Daniel Polonsky |
EQUAL PROTECTION THROUGH STATE CONSTITUTIONAL AMENDMENT |
56 Harvard Civil Rights-Civil Liberties Law Review 413 (Summer, 2021) |
By requiring proof of intent to discriminate, federal equal protection doctrine has limited the possibility of achieving substantive racial equality through litigation in federal courts. Unfortunately, state courts have not provided a substantially better avenue for this project. Many state courts have unimaginatively interpreted their... |
2021 |