Investigating and Presenting an Investigative Omission Defense 57 Criminal Law Bulletin 1 (2021) Practicing Attorney in Connecticut and Massachusetts. The author would like to thank Dr. Brian Culter for help with research, and attorneys Andrew O'Shea and James Streeto for comments on the draft. 2021
Dustin Marlan IS THE WORD "CONSUMER" BIASING TRADEMARK LAW? 8 Texas A&M Law Review 367 (Winter, 2021) Our trademark law uses the term consumer constantly, reflexively, and unconsciously to label the subject of its purpose--the purchasing public. According to the U.S. Supreme Court, trademark law has a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid. As one leading... 2021
Tanya Katerí Hernández , © 2020 IS THERE A "MULATTO ESCAPE HATCH" OUT OF RACISM?: A REFLECTION ON MULTIRACIAL EXCEPTIONALISM DURING A TIME OF #BLACKLIVESMATTER 34 Journal of Civil Rights & Economic Development 65 (Spring, 2021) A mulatto escape hatch is an escape from the disabilities of blackness for some colored people. To have a symposium organized to review the ideas in my book, Multiracials and Civil Rights: Mixed-Race Stories of Discrimination, is an honor, and the JCRED editors, along with their dynamic Faculty Advisors Elaine Chiu and Rosa Castello, have my... 2021
Holly Fudge IT IS TIME TO END ABILITY GROUPING AND "THE SOFT BIGOTRY OF LOW EXPECTATIONS" IT IMPOSES ON MINORITY STUDENTS 46 University of Dayton Law Review 197 (Spring, 2021) I. Introduction. 198 II. Background. 200 A. Pre-Grouping Conditions. 200 B. Teacher Bias. 202 1. Low Expectations. 202 2. Unequal Educational Opportunities. 203 3. Long-Term Consequences. 204 C. Legal Background. 204 1. Is Education a Fundamental Right?. 204 2. Ability Grouping Trends. 205 3. Ability Grouping Litigation. 206 III. Analysis. 207 A.... 2021
David A. Grenardo IT'S WORTH A SHOT: CAN SPORTS COMBAT RACISM IN THE UNITED STATES? 12 Harvard Journal of Sports & Entertainment Law 237 (Spring, 2021) Racism has stained this country throughout its history, and racism persists today in the United States, including in sports. Sports represent a reflection of society and its ills, but they can also provide a powerful means to combat racism. This article examines the state of racism in society and sports both historically and today. It also provides... 2021
Gregory S. Parks JEFFREY RACHLINKSI: MAN, MYTH, LEGEND 88 University of Chicago Law Review 1757 (November, 2021) Jeffrey John Rachlinski was born June 22, 1966, in Buffalo, New York. He graduated from Frontier Central High School in Hamburg, New York, in 1983, where he participated in such activities as band, Chess Club, French Club, Math Club, Mock Trial Group, and Quiz Club. In 1988, Jeff earned his B.A. and M.A. in Psychology from Johns Hopkins University.... 2021
Mikah K. Thompson JUST ANOTHER FAST GIRL: EXPLORING SLAVERY'S CONTINUED IMPACT ON THE LOSS OF BLACK GIRLHOOD 44 Harvard Journal of Law & Gender 57 (Winter, 2021) Introduction. 58 I. The Stereotypic Connection between Blackness and Promiscuity. 59 A. Black Hypersexuality as a Justification for Sexual Violence During Slavery. 60 B. The Persistence of Stereotypes Concerning Black Sexuality in Post-Civil War America. 64 C. Modern-Day Perceptions of Black Sexuality. 66 D. Black Sexuality and the Law of Statutory... 2021
Nicole Fullem KANSAS v. GLOVER: GRANTING LAW ENFORCEMENT FURTHER DISCRETION TO CONDUCT INVESTIGATORY STOPS 80 Maryland Law Review Online 48 (2021) In Kansas v. Glover, the Supreme Court of the United States analyzed the reasonable suspicion doctrine and considered whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle's license plate and learning that the registered owner of that vehicle has a revoked driver's license. The... 2021
Mary Louise Frampton LAW SCHOOL DESIGN FROM A CRITICAL RACE PERSPECTIVE: THE GENESIS OF THE CHARRETTE 25 U.C. Davis Social Justice Law Review 53 (Summer, 2021) Crises often enable us to see the world in a different light and to talk more honestly about painful subjects. COVID-19 has been a calamity that has sown death and despair, distrust, and division, but it has also created the opportunity for this generation of Americans to see how racial hierarchy infects everything. For those who could previously... 2021
Samuel Vincent Jones LAW SCHOOLS, CULTURAL COMPETENCY, AND ANTI-BLACK RACISM: THE LIBERTY OF DISCRIMINATION 21 Berkeley Journal of African-American Law & Policy 84 (2021) Introduction. 84 I. Do Law Schools Have Liberty to Discriminate Against Black Law Students?. 86 A. The Black Law Student Experience. 87 B. Law Schools and the Liberty to Foster Anti-Black Racism. 90 II. Should Law Schools Require Cultural Competency Instruction as a Means to Curtail Anti-Black Racial Discrimination?. 96 A. Cultural Competency... 2021
Jessie Allen LAWYERS FOR WHITE PEOPLE? 69 University of Kansas Law Review 349 (March, 2021) Wait a minute. Are you telling me that after I graduate I could go downtown and hang out a sign that says Lawyers for White People? - Student in my Professional Responsibility class In 2016, the American Bar Association adopted a new Model Rule of Professional Conduct that for the first time forbids lawyers from discriminating on the basis of... 2021
Sama Kahook LEFT TO THEIR OWN DEVICES: ADDRESSING RACIAL BIASES IN THE FDA APPROVAL PROCESS FOR MEDICAL DEVICES 30 Annals of Health Law Advance Directive 153 (Spring, 2021) Unconscious bias plagues the medical field and threatens the diagnosis, treatment, and physician-patient relationship between doctors and patients of color. The disparities affecting people of color in the United States include access to health care, the quality of care received, and health outcomes. Healthcare disparities are exacerbated by... 2021
Jamie R. Abrams LEGAL EDUCATION'S CURRICULAR TIPPING POINT TOWARD INCLUSIVE SOCRATIC TEACHING 49 Hofstra Law Review 897 (Summer, 2021) Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long... 2021
Hunter Glenn Smith LEGAL WORK AHEAD: POTENTIAL POTHOLES FOR THE HANDS-FREE GEORGIA ACT 55 Georgia Law Review 1403 (Spring, 2021) Georgia's statutory regulation of distracted driving, the Hands-Free Georgia Act, went into effect in July 2018. The Act is rife with ambiguous and uncertain language that fails to apprise drivers of the legal and practical consequences of their actions. But in the three years since the Act's passage, neither the legislature nor the courts have... 2021
Martín Sabelli , Law Offices of Martín A. Sabelli, San Francisco, California, 415-298-8435, Email, Website LEGALIZED COERCION AND MASS INCARCERATION: WHY THE TRIAL PENALTY DOES GREATER VIOLENCE TO PEOPLE OF COLOR AND THE POOR 45-OCT Champion 5 (September/October, 2021) In my first column, I touched on NACDL's commitment to eliminate the trial penalty--the profoundly and unconscionably coercive difference between a pretrial settlement offer and a post-trial sentence. In this column, I explore a painful reality that anyone in the trenches has experienced: The trial penalty punishes everyone caught in the machinery... 2021
Raymond H. Brescia LESSONS FROM THE PRESENT: THREE CRISES AND THEIR POTENTIAL IMPACT ON THE LEGAL PROFESSION 49 Hofstra Law Review 607 (Spring, 2021) The United States faces three simultaneous crises: a pandemic, a civil rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic--though potentially temporary--changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such... 2021
Sarah Schlossberg, Maya Williams LIFE, LIBERTY, AND THE PURSUIT OF EQUITY -- OOPS, I DID IT AGAIN: IDENTIFYING AND RECTIFYING MICROAGGRESSIONS 67 Practical Lawyer 7 (June 1, 2021) Amidst the backdrop of the Me Too and the revitalized Black Lives Matter movements, our society has become hyperaware of the impact that our language and actions have on others. While it may be difficult and, at times, even uncomfortable, now is the time to focus on eradicating bias and equalizing the playing field in the legal profession.... 2021
Sarah J. Schendel LISTEN!: AMPLIFYING THE EXPERIENCES OF BLACK LAW SCHOOL GRADUATES IN 2020 100 Nebraska Law Review 73 (2021) C1-2TABLE OF CONTENTS I. Introduction. 74 II. The Survey. 79 A. Methodology. 79 B. Survey Questions. 80 III. An Overview of Responses. 81 A. A Grief Gap: The Mental, Physical, and Emotional Toll of COVID-19. 81 B. The Mental, Physical, and Emotional Impact of Racism. 83 C. The Impact of Changes to the Bar Exam. 87 1. Postponement. 87 2.... 2021
Dan Subotnik MAYBE LAW SCHOOLS DO NOT OPPRESS MINORITY FACULTY WOMEN: A CRITIQUE OF MEERA E. DEO'S "UNEQUAL PROFESSION: RACE AND GENDER IN LEGAL ACADEMIA" (STANFORD UP 2019) 37 Touro Law Review 739 (2021) By the fall, 14% of law schools will have Black women in the dean's suite. There is a very complex dynamic going on in the black community where we are encouraged to have a certain sense of cultural fellowship, we are encouraged to not forget the people who we left behind. All of this is perfectly understandable. But unfortunately, a byproduct of... 2021
Steven T. Taylor MCDERMOTT PARTNER MANAGES TWO OFFICES, PRACTICES EMPLOYMENT LAW, AND ADVOCATES FOR DIVERSITY/RACIAL EQUALITY 40 Of Counsel 24 (February, 2021) It didn't take the partners at Chicago-based McDermott Will & Emery long to see the talents that Pankit Doshi brings to their firm. In the two and half years he's been with the partnership, Doshi's risen to the leadership ranks, serving as the managing partner of McDermott's San Francisco and Silicon Valley offices. He advocates for diversity and... 2021
Sharon Press , Ellen E. Deason MEDIATION: EMBEDDED ASSUMPTIONS OF WHITENESS? 22 Cardozo Journal of Conflict Resolution 453 (Spring, 2021) We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Dr. Martin Luther King, Jr. This Article began with the murder of George Floyd by an officer of the Minneapolis Police Department on May 25, 2020, after a convenience store employee reported that... 2021
Osagie K. Obasogie , Anna Zaret MEDICAL PROFESSIONALS, EXCESSIVE FORCE, AND THE FOURTH AMENDMENT 109 California Law Review 1 (February, 2021) Police use of force is a persistent problem in American cities, and the number of people killed at the hands of law enforcement has not decreased even as social movements raise greater awareness. This context has led to reform conversations on use of force that seek less violent ways for police to engage the public. One example of how this might... 2021
James S. Liebman , Kayla C. Butler , Ian Buksunski MINE THE GAP: USING RACIAL DISPARITIES TO EXPOSE AND ERADICATE RACISM 30 Southern California Review of Law & Social Justice 1 (Winter, 2021) For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial... 2021
Alina Ball MINIMIZING THE IMPACT OF COGNITIVE BIAS IN TRANSACTIONAL LEGAL EDUCATION 52 Connecticut Law Review 1139 (February, 2021) This Article explores methods law professors can employ to address the cognitive biases their law students possess. This Article provides concrete thoughts on how transactional law clinics can utilize the social, political, and neuroscience research included in this symposium edition. The partisan divide that evolved over appropriate measures to... 2021
Erika K. Wilson MONOPOLIZING WHITENESS 134 Harvard Law Review 2382 (May, 2021) C1-2CONTENTS Introduction. 2384 I. White-Student Segregation and Social Closure. 2388 A. Defining Social Closure. 2390 B. Social Closure and Racial Segregation in Public Schools: Monopolies. 2392 1. Scarcity. 2393 2. Exclusion. 2396 3. Monopolization. 2400 C. The Normative Case for Regulating White-Student Segregation. 2404 1. Harms to Democracy.... 2021
Kaitlyn Alger MORE THAN WHAT MEETS THE EAR: SPEECH TRANSCRIPTION AS A BARRIER TO JUSTICE FOR AFRICAN AMERICAN VERNACULAR ENGLISH SPEAKERS 13 Georgetown Journal of Law & Modern Critical Race Perspectives 87 (Winter, 2021) C1-3Table of Contents R1-2Introduction . L388 I. Overview of AAVE and its Relationship to the Criminal Justice System. 89 A. AAVE and the Criminal Justice System. 89 B. Origins and Linguistic Features of AAVE. 90 C. Linguistic Bias. 92 II. Court Reporting and the Significance of the Verbatim Record. 92 A. Court Reporter Duties and the Importance of... 2021
Brooke Simone MUNICIPAL REPARATIONS: CONSIDERATIONS AND CONSTITUTIONALITY 120 Michigan Law Review 345 (November, 2021) Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations... 2021
Robin L. Wilson OPPORTUNITY KNOCKS TWICE: DESPITE THE MISSED OPPORTUNITY IN FOSTER v. CHATMAN AND FLOWERS v. MISSISSIPPI TO ADDRESS THE DEFICIENCIES IN BATSON v. KENTUCKY, THE CONNECTICUT SUPREME COURT HAS "STEPPED UP TO THE PLATE" TO ENSURE DIVERSITY IN THE SELECTION OF 39 Quinnipiac Law Review 485 (2021) I. Introduction. 486 II. History. 491 A. Federal Precedent. 491 B. Application of Batson in Connecticut. 496 III. Post-Batson Decisions. 498 A. Expansion of Batson's Protections. 498 B. A Retreat From the Expansion of Batson: Post-Batson Decisions and the Deficiencies in the Application of Batson - Hernandez v. New York - Disparate Impact and... 2021
Lauren McLane OUR LOWER COURTS MUST GET IN "GOOD TROUBLE, NECESSARY TROUBLE," AND DESERT TWO PILLARS OF RACIAL INJUSTICE--WHREN v. UNITED STATES AND BATSON v. KENTUCKY 20 Connecticut Public Interest Law Journal 181 (Spring, 2021) We must get in trouble, good trouble . use the law, use the law, use the Constitution to bring about a nonviolent revolution. - Rep. John Lewis On July 10, 2015, Sandra Bland was on the way to her alma mater, Prairie View A&M University, a historically Black university in Texas, to take a new job. When Trooper Encinia's patrol car got into the lane... 2021
Leah K. Burton, Noelle G. Hicks OVERCOMING RACISM IN COMMUNITY ASSOCIATIONS: ATTORNEYS AS AGENTS OF CHANGE 37 Practical Real Estate Lawyer 3 (September 1, 2021) Racism exists in community associations. We all know it does. How many times have you been on the phone with a board of directors discussing a covenant violation when all of a sudden one of the board members chimes in with a comment about the race of the homeowner at issue? Before you even have a chance to bring up the Fair Housing Act and remind... 2021
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