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
Eldar Haber RACIAL RECOGNITION 43 Cardozo Law Review 71 (October, 2021) C1-2Table of Contents Introduction. 72 I. Technology's Growing Role in Criminal Enforcement. 75 A. Criminal Enforcement and Technological Innovation. 75 B. Biometrics, Recognition Technology, and Criminal Enforcement. 79 II. Racial Recognition Threats. 89 A. Bias and Racism Within Recognition Technology. 89 B. Racial Recognition Within Criminal... 2021
Vinay Harpalani RACIAL TRIANGULATION, INTEREST-CONVERGENCE, AND THE DOUBLE-CONSCIOUSNESS OF ASIAN AMERICANS 37 Georgia State University Law Review 1361 (Summer, 2021) This Essay integrates Professor Claire Jean Kim's racial triangulation framework, Professor Derrick Bell's interest-convergence theory, and W.E.B. Du Bois's notion of double-consciousness, all to examine the racial positioning of Asian Americans and the dilemmas we face as a result. To do so, this Essay considers the history of Asian immigration to... 2021
Matiangai Sirleaf RACIAL VALUATION OF DISEASES 67 UCLA Law Review 1820 (April, 2021) Scholars have paid inadequate attention to how racial valuation influences what actors prioritize or deem worthwhile. Today, racial valuation of diseases informs the stark global health inequities seen worldwide. As a concept, racial valuation refers to how racialized societies assign differing values to an individual or group based on their racial... 2021
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021
Charlene Galarneau , Ruqaiijah Yearby RACISM, HEALTH EQUITY, AND CRISIS STANDARDS OF CARE IN THE COVID-19 PANDEMIC 14 Saint Louis University Journal of Health Law & Policy 211 (2021) Long-standing and deeply embedded institutional racism, notably anti-Black racism in U.S. health care, has provided a solid footing for the health inequities by race evident in the COVID-19 pandemic. Inequities in susceptibility, exposure, infection, hospitalization, and treatment reflect and reinforce this racism and cause incalculable and... 2021
Victor C. Romero RACISM, INCORPORATED: RAMOS v. LOUISIANA AND JOGGING WHILE BLACK 30 Southern California Interdisciplinary Law Journal 101 (Fall, 2020/2021) There is more to the U.S. Supreme Court's recent decision in Ramos v. Louisiana than its holding requiring unanimous state jury verdicts via the incorporation doctrine. The underlying debate among the Justices in Ramos about the salience of race in the law is a window into the current cultural moment. After identifying the racial debate underlying... 2021
Christian Brito, Russell S. Buhite, Daniel A. Cotter, Fred Karlinsky, Gregory Lestini, Anthony J. Macauley, Briana Montminy, Zeshawn H. Mumtaz, Timothy Stanfield RECENT DEVELOPMENTS IN INSURANCE REGULATION 56 Tort Trial & Insurance Practice Law Journal 459 (Spring, 2021) I. Introduction. 461 II. Federal Insurance Office 2019-2020. 461 III. National Organizations and State Departments Respond to Racial Inequality in the Insurance Industry. 465 A. National Insurance Organizations Respond to Racial Inequity in the Insurance Industry. 465 1. NAIC. 465 2. NCOIL. 467 B. U.S. Congress. 468 C. State Departments of... 2021
Alice Xiang RECONCILING LEGAL AND TECHNICAL APPROACHES TO ALGORITHMIC BIAS 88 Tennessee Law Review 649 (Spring, 2021) Introduction. 651 I. Background on Algorithmic Bias. 657 A. Algorithmic Fairness, Bias, and Decision-making. 657 B. Examples of Algorithmic Bias. 663 II. The Technical Necessity of Using Protected Class Attributes or Proxies. 666 A. Proxy Variables, Omitted-variable Bias, and the Rashomon Effect. 666 B. Protected Class Variables as Context. 671... 2021
Richard Gabriel , John G. McCabe , Rebecca C. Ying REDEFINING BIAS IN CRIMINAL JUSTICE 36-SUM Criminal Justice 18 (Summer, 2021) In the wake of the death of George Floyd in 2020, it is estimated that protests occurred in over 2,000 cities in 60 countries worldwide and that between 15 and 26 million people protested in the United States alone. Two hundred cities imposed curfews, almost 100,000 National Guard troops were deployed, and at least 14,000 people were arrested in... 2021
Allyson E. Gold REDLIKING: WHEN REDLINING GOES ONLINE 62 William and Mary Law Review 1841 (May, 2021) Airbnb's structure, design, and algorithm create a website architecture that allows user discrimination to prevent minority hosts from realizing the same economic benefits from short-term rental platforms as White hosts, a phenomenon this Article refers to as redliking. For hosts with an unused home, a spare room, or an extra couch, Airbnb... 2021
Kiera Murphy, Katherine Earle Yanes REFLECTING ON THE DIVERSITY & INCLUSION COMMITTEE'S POLICE LIABILITY PROGRAMS 68-FEB Federal Lawyer 10 (January/February, 2021) George Floyd was a Black man who died at the hands of Minneapolis police officers on Memorial Day of 2020. Widespread protests followed, with chants of I can't breathe reverberating in our consciences. The outrage over Mr. Floyd's death sparked an ongoing national conversation on law enforcement training and liability. As part of that... 2021
Erica D. Rosenbaum RELYING ON THE UNRELIABLE: CHALLENGING USCIS'S USE OF POLICE REPORTS AND ARREST RECORDS IN AFFIRMATIVE IMMIGRATION PROCEEDINGS 96 New York University Law Review 256 (April, 2021) Although many scholars have recognized the need for increased procedural protections for immigrants in removal proceedings, very little attention has been paid to the process afforded to immigrants applying affirmatively to acquire lawful status. However, due to the collection of important interests implicated by affirmative immigration... 2021
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