| Author | Title | Citation | Summary | Year |
| 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 |
| |
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 msabelli@sabellilaw.com, Website http://sabellilaw.com |
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 |
| Daniel S. McConkie, Jr. |
PLEA BARGAINING FOR THE PEOPLE |
104 Marquette Law Review 1031 (Summer, 2021) |
Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its... |
2021 |
| Joseph Blocher, Samuel W. Buell, Jacob D. Charles, Darrell A.H. Miller |
POINTING GUNS |
99 Texas Law Review 1173 (May, 2021) |
The American gun debate is increasingly populated with scenes of people pointing and otherwise displaying guns. What is the legal regime governing gun displays, and how well can it address the distinct social and legal problems they pose? In this Essay, we argue that the current structure of criminal law does not supply clear rules of conduct... |
2021 |
| Stephen A. Plass |
POLICE ARBITRATION AND THE PUBLIC INTEREST |
37 Harvard Blackletter Law Journal 31 (Spring, 2021) |
Arbitrators have been blamed for promoting unaccountable policing by reversing discipline in proven misconduct cases. Although studies have shown great success rates for cops in arbitration, they do not address the legal causes for that success. This paper identifies three factors that permit arbitrators to lawfully rule for rogue officers. The... |
2021 |
| Aya Gruber |
POLICING AND "BLUELINING" |
58 Houston Law Review 867 (Symposium, 2021) |
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... |
2021 |
| Ji Seon Song |
POLICING THE EMERGENCY ROOM |
134 Harvard Law Review 2646 (June, 2021) |
C1-2CONTENTS Introduction. 2647 I. Emergency Rooms and Policing. 2654 A. Poor People in the ER. 2654 B. Police in the ER. 2660 II. Problems of Policing in the ER. 2664 A. Discounting Medical Vulnerability. 2665 1. An Acontextualized Approach to Privacy. 2665 2. Deference to General Police Investigation. 2671 B. Enlisting Medical Professional... |
2021 |
| Erica Braudy , Kim Hawkins |
POWER AND POSSIBILITY IN THE ERA OF RIGHT TO COUNSEL, ROBUST RENT LAWS & COVID-19 |
28 Georgetown Journal on Poverty Law and Policy 117 (Winter, 2021) |
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of... |
2021 |
| Irene Oritseweyinmi Joe |
PROBABLE CAUSE AND PERFORMING "FOR THE PEOPLE" |
70 Duke Law Journal Online 138 (May, 2021) |
The summer of 2020 presented the American public with two very different versions of how a state's top prosecutor might respond to excessive use of force by law enforcement. In Kentucky, Attorney General Daniel Cameron was criticized for his conduct after stories emerged of his biased presentation to a grand jury contemplating whether officers... |
2021 |
| Dominique Williams |
PROBLEM SOLVED?: IS THE FINTECH ERA UPROOTING DECADES LONG DISCRIMINATORY LENDING PRACTICES? |
23 Tulane Journal of Technology and Intellectual Property 159 (Spring, 2021) |
I. Introduction. 159 A. Examples of Racial Bias in Algorithmic Data. 161 B. How Artificial Intelligence Is Revolutionizing the Financial Services Industry. 162 II. The New Age of Decision-Making: Machine Learning Algorithms in the Decision-Making Process. 163 A. What Is Algorithmic Bias?. 164 1. How Do Algorithms Learn Biases?. 164 2. Why We... |
2021 |
| Jeremiah A. Ho |
QUEERING BOSTOCK |
29 American University Journal of Gender, Social Policy and the Law 283 (2021) |
I. Introduction. 284 II. Conceptualizations of Anti-Queer Stereotypes. 289 A. Modern Historical Origins. 289 B. Anti-Queer Stereotyping Effects in Law. 295 III. Anti-Stereotyping Strategies. 301 A. Gender Discrimination. 303 B. LGBTQ Discrimination. 315 1. Animus in Romer. 316 2. Dignity in Lawrence. 321 3. Anti-Stereotyping in Windsor &... |
2021 |
| Kit Kinports |
QUESTIONS FOR THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAW |
99 Texas Law Review Online 142 (2021) |
In his insightful article, The Questionable Objectivity of Fourth Amendment Law, Orin Kerr challenges the Supreme Court's repeated assertions that its Fourth Amendment jurisprudence is driven by objective standards in order to promote[] evenhanded, uniform enforcement of the law. Rather, in the descriptive part of the article, Professor Kerr... |
2021 |
| Lynnise E. Phillips Pantin |
RACE AND EQUITY IN THE AGE OF UNICORNS |
72 Hastings Law Journal 1453 (May, 2021) |
This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley culture, centering on race and class. The Article demonstrates that the rise and fall of the unicorn startup Theranos and its founder,... |
2021 |
| Craig Konnoth |
RACE AND MEDICAL DOUBLE-BINDS |
121 Columbia Law Review Forum 135 (October 8, 2021) |
Race and medicine scholarship is beset by a conundrum. On one hand, some racial justice scholars and advocates frame the harms that racial minorities experience through a medical lens. Poverty and homelessness are social determinants of health that medical frameworks should account for. Racism itself is a public health threat. On the other hand,... |
2021 |
| The Honorable Solomon Oliver Jr. |
RACE AND POLICING: SOME THOUGHTS AND SUGGESTIONS FOR REFORM |
89 Fordham Law Review 2597 (May, 2021) |
Daniel Capra: We are really honored here today at Fordham Law School's Center for Judicial Events and Clerkships to have as our guest speaker Judge Solomon Oliver of the Northern District of Ohio. I'm going to give a bio; I'm trying not to take up all the time allotted for the talk, because he's accomplished so much that I could probably do so.... |
2021 |
| Katie Michaela Becker |
RACE AND PRISON DISCIPLINE: A STUDY OF NORTH CAROLINA STATE PRISONS |
43 North Carolina Central Law Review 175 (2021) |
Black and Indigenous people receive disproportionate shares of disciplinary write-ups at state prisons in North Carolina. They experience more sanctions as a result. In this Article, I examine publicly available 2020 data from the North Carolina Department of Public Safety. I use two statistical techniques: binary logistic regression and multiple... |
2021 |
| Ric Simmons |
RACE AND REASONABLE SUSPICION |
73 Florida Law Review 413 (March, 2021) |
The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... |
2021 |
| Ion Meyn |
RACE-BASED REMEDIES IN CRIMINAL LAW |
63 William and Mary Law Review 219 (October, 2021) |
This Article evaluates the constitutional feasibility of using race-based remedies to address racial disparities in the criminal system. Compared to white communities, communities of color are over-policed and over-incarcerated. Criminal system stakeholders recognize that these conditions undermine perceptions of legitimacy critical to ensuring... |
2021 |
| Anna Offit |
RACE-CONSCIOUS JURY SELECTION |
82 Ohio State Law Journal 201 (2021) |
Among the central issues in scholarship on the American jury is the effect of Batson v. Kentucky (1986) on discriminatory empanelment. Empirical legal research has confirmed that despite the promise of the Batson doctrine, both peremptory strikes and challenges for cause remain tools of racial exclusion. But these studies, based on post facto... |
2021 |
| Yu Du |
RACIAL BIAS STILL EXISTS IN CRIMINAL JUSTICE SYSTEM? A REVIEW OF RECENT EMPIRICAL RESEARCH |
37 Touro Law Review 79 (2021) |
The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit... |
2021 |