Author | Title | Citation | Summary | Year |
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 |
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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 |
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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 |
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 |