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
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 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
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