Willamette University College of Law Racial Justice Task Force REMEDYING BATSON'S FAILURE TO ADDRESS UNCONSCIOUS JUROR BIAS IN OREGON 57 Willamette Law Review 85 (Spring, 2021) Given recent events, including a worldwide call for criminal justice reform sparked by the murder of George Floyd, the country has begun to recognize the impact of implicit bias on the criminal justice system. Washington and California, for instance, have made progress in creating broader opportunities and diversification within the jury selection... 2021
Kia H. Vernon REPRESENTATION IN REPRESENTATION: HOW THE PATH TO END RACIAL INJUSTICE BEGINS WITH THE LEGAL ACADEMY 43 North Carolina Central Law Review 136 (2021) Joseph Garcia knows first-hand about the struggles facing young men of color. As a young man growing up in a predominately black neighborhood, he experienced constant harassment by police and was accustomed to being followed around in stores. Before he attended law school, he viewed the justice system as a fallacy for people that looked like him.... 2021
Jamelia N. Morgan RETHINKING DISORDERLY CONDUCT 109 California Law Review 1637 (October, 2021) Disorderly conduct laws are a combination of common law offenses aimed at protecting the public order, peace, and tranquility. Yet, contrary to common legal conceptions, the criminalization of disorderly conduct is not just about policing behavior that threatens to disrupt public order or even the public's peace and tranquility. Policing disorderly... 2021
Nicole Hallett RETHINKING PROSECUTORIAL DISCRETION IN IMMIGRATION ENFORCEMENT 42 Cardozo Law Review 1765 (September, 2021) Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante,... 2021
Sara S. Hildebrand REVIVING THE PRESUMPTION OF YOUTH INNOCENCE THROUGH A PRESUMPTION OF RELEASE: A LEGISLATIVE FRAMEWORK FOR ABOLITION OF JUVENILE PRETRIAL DETENTION 125 Penn State Law Review 695 (Spring, 2021) Juvenile courts were established at the beginning of the twentieth century by a group of reformers who called themselves Child Savers. Those founders believed that fundamental differences between adults and children--such as children's developmental immaturity and malleability--required the establishment of a court for youth, separate from adult... 2021
Jacob Schuman REVOCATION AND RETRIBUTION 96 Washington Law Review 881 (October, 2021) Abstract: Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that mass supervision has... 2021
Jonathan Andrew Perez RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM 24 Journal of Gender, Race and Justice 87 (Spring, 2021) I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... 2021
Yara M. Wahba RISK ASSESSMENTS ARE THE DIAGNOSIS NOT THE CURE: HOW USING ALGORITHMS AS DIAGNOSTIC TOOLS CAN PREVENT THE BAIT-AND-SWITCH OF UNCONSTITUTIONAL PRETRIAL PRACTICES 24 Chapman Law Review 575 (Winter, 2021) In our society, liberty is the norm and detention prior to trial or without trial is the carefully limited exception. While the Supreme Court has emphasized the exceptional nature of infringements on any individual's liberty, the reality of our criminal justice system contradicts this sentiment. Marginalized people, whether because of race or... 2021
Miriam F. Weismann, Cheryl Holder RUTHLESS UTILITARIANISM? COVID-19 STATE TRIAGE PROTOCOLS MAY SUBJECT PATIENTS TO RACIAL DISCRIMINATION AND PROVIDERS TO LEGAL LIABILITY 47 American Journal of Law & Medicine 264 (2021) Key Words: coronavirus; discrimination; rationing; facially neutral standards; triage protocols; crisis standards of care As the coronavirus pandemic intensified, many communities in the United States experienced shortages of ventilators, intensive care beds, and other medical supplies and treatments. Currently, there is no single national response... 2021
Daniel S. Harawa SACRIFICING SECRECY 55 Georgia Law Review 593 (Winter, 2021) Juries have deliberated in secret since medieval times. The historical reason for the secrecy is that it promotes impartiality, which in turn protects a defendant's right to a fair trial. But as it turns out, jurors are not always impartial. Lurid examples exist of jurors condemning defendants based on the defendant's race, sexuality, ethnicity,... 2021
Jeanelly Nuñez SCANNING FOR BIAS: A NEUROSCIENTIFIC RESPONSE TO POLICING WITH IMPLICIT BIAS 27 Cardozo Journal of Equal Rights & Social Justice 295 (Spring, 2021) C1-2Table of Contents I. Introduction. 296 II. Numbers Do Not Lie--Statistical Data on Racial Disparities. 298 A. Am I Next? Likelihood that Victims to Fatal Police Violence are Men of Color. 298 B. Examining Drug Arrest Numbers for Minorities Compared to White People. 299 C. Driving While Black and Terry v. Ohio. 300 D. Minorites Make Up the... 2021
Maryam Ahranjani SCHOOL "SAFETY" MEASURES JUMP CONSTITUTIONAL GUARDRAILS 44 Seattle University Law Review 273 (Winter, 2021) In the wake of George Floyd's murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread security measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of... 2021
Thalia González , Emma Kaeser SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE 74 SMU Law Review Forum 118 (August, 2021) Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... 2021
Madeline Dawn Nelson SCHOOL'S OUT FOR BLACK BOYS IN WISCONSIN: AN ANALYSIS OF WISCONSIN'S RACIST IMPLEMENTATION OF EXPULSION AND SUSPENSION LAW AND ITS INTERSECTION WITH WISCONSIN STUDENTS' OPPORTUNITIES FOR SUCCESS 36 Wisconsin Journal of Law, Gender & Society 111 (Spring, 2021) Each day [a student] is not receiving an education is gone forever. No amount of money can replace the lost opportunity. If [the student] has been wrongfully expelled . the harm is enormous. Introduction. 112 I.Background of Student Discipline Law in Wisconsin's K-12 Public Schools. 114 A. Suspension Law in Wisconsin. 115 B. Expulsion Law in... 2021
Jonathan Kahn, Professor of Law and Biology, Northeastern University School of Law SEEING RACISM IN REAL TIME 36 Journal of Law and Religion 324 (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: race, racism, implicit bias, law, policing I am delighted to have the opportunity to write this commentary inspired by Linda McClain's... 2021
Deseriee Kennedy SEEKING ECONOMIC JUSTICE IN THE FACE OF ENDURING RACISM 33 Loyola Consumer Law Review 339 (2021) In 1967, Dr. Martin Luther King, Jr. gave a speech to Stanford University students about economic injustice titled The Other America. In that speech, Dr. Martin Luther King, Jr. stated that there are literally two Americas. One America is beautiful . in this America millions of young people grow up in the sunlight of opportunity. But tragically... 2021
Maja Tosic SHUTTING DOWN THE SCHOOL-TO-PRISON PIPELINE 94 Southern California Law Review Postscript 80 (April, 2021) When a student misbehaves, race plays a role in how harshly the student is disciplined. Given the long history of racial discrimination in the United States, as well as prevalent implicit biases, Black and Latino students are disciplined at higher rates with stiffer punishments than their white peers. This higher level of discipline leads to a... 2021
Paula Tsurutani, Freelance Writer and Editor SILENCE IS NOT AN OPTION 40 Legal Management 17 (July/August, 2021) Your role in driving more meaningful change to confront racial disparities in the workplace. The last 18 months have exposed racialized events and disparities--from the murder of George Floyd and health inequities laid bare by the pandemic to anti-Asian attacks and police violence--in a way that nobody could ignore. These events have moved legal... 2021
R.A. Lenhardt , Kimani Paul-Emile SKIMMED MILK: REFLECTIONS ON RACE, HEALTH, AND WHAT FAMILIES TELL US ABOUT STRUCTURAL RACISM 57 California Western Law Review 231 (Spring, 2021) Andrea Freeman's excellent book, Skimmed: Breastfeeding, Race, and Injustice, offers a complex and nuanced account of the racial politics of breastfeeding and the problem of food insecurity more broadly. Freeman analyzes these issues through the lens of the Fultz family, whose quadruplet daughters sit at the center the book. Weaving together... 2021
Adelle Blackett , Alice Duquesnoy SLAVERY IS NOT A METAPHOR: U.S. PRISON LABOR AND RACIAL SUBORDINATION THROUGH THE LENS OF THE ILO'S ABOLITION OF FORCED LABOR CONVENTION 67 UCLA Law Review 1504 (April, 2021) Slavery is not a metaphor, yet the implications of the centuries-long transatlantic slave trade, and the literature on the Black Atlantic, are mostly ignored in the fast and furious international legal invocations of modern slavery, particularly involving various forms of labor exploitation along global value chains and global care chains. This... 2021
Briana M. Clark SOCIAL DOMINANCE ORIENTATION: DETECTING RACIAL BIAS IN PROSPECTIVE JURORS 39 Yale Law and Policy Review 614 (Spring, 2021) The selection of an impartial jury is fundamental to the fair and equitable administration of justice. Though the criminal justice system purports to be racially blind, research shows that racially biased jurors negatively impact the lives of people of color, especially Black people, involved with the criminal justice system. Due to the... 2021
Rory Bahadur , Liyun Zhang SOCRATIC TEACHING AND LEARNING STYLES: EXPOSING THE PERVASIVENESS OF IMPLICIT BIAS AND WHITE PRIVILEGE IN LEGAL PEDAGOGY 18 Hastings Race and Poverty Law Journal 114 (Summer, 2021) Abstract: Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such... 2021
Dr. Charles J. Reid, Jr. STATE OF MIND, STATE OF LAW: INTRODUCTION TO THE NEUROSCIENCE AND THE LAW SYMPOSIUM 15 University of St. Thomas Journal of Law & Public Policy Pol'y 1 (October, 2021) C1-2Table of Contents I. The Problem Stated. 2 A. The Plight of the QAnon Shaman. 2 B. Ancient Foreshadowing. 6 1. Epicurean Free Will. 6 2. The Apostle Paul and Predestination. 13 C. Twentieth-Century Science. 23 1. Sigmund Freud. 23 2. B.F. Skinner. 38 D. The State of the Question Today. 62 II. The Contributors. 70 A. Robert M. Sapolsky. 70 B.... 2021
Hilary Rau , Kim Shayo Buchanan , Monique L. Dixon , Phillip Atiba Goff STATE REGULATION OF POLICING: POST COMMISSIONS AND POLICE ACCOUNTABILITY 11 UC Irvine Law Review 1349 (August, 2021) This Article examines the untapped potential of Peace Officer Standards and Training (POST) commissions to protect communities that experience police misconduct and discrimination. POST commissions, which are created by state laws and exist in all fifty states, have broad authority to regulate police officers and police departments. POST... 2021
A. Mechele Dickerson SYSTEMIC RACISM AND HOUSING 70 Emory Law Journal 1535 (2021) After the Great Depression and World War II, political leaders in this country enacted laws and adopted policies that made it easy for families to buy homes and increase their household wealth. This housing relief was limited to whites, though. Blacks and Latinos have always struggled to buy homes or even find safe and affordable rental housing.... 2021
Ruqaiijah Yearby , Seema Mohapatra SYSTEMIC RACISM, THE GOVERNMENT'S PANDEMIC RESPONSE, AND RACIAL INEQUITIES IN COVID-19 70 Emory Law Journal 1419 (2021) During the COVID-19 pandemic, federal and state governments have disregarded racial and ethnic minorities' unequal access to employment and health care, which has resulted in racial inequities in infections and deaths. In addition, they have enacted laws that further exacerbate these inequities. Consequently, many racial and ethnic minorities are... 2021
Jordan M. Wayburn TAXATION AND RACIAL INJUSTICE IN SOUTH CAROLINA 72 South Carolina Law Review 847 (Spring, 2021) I. Introduction. 847 II. South Carolina's Story: The Problem. 850 A. Racial Animus: The South Carolina Constitution of 1895 and Disenfranchisement by Taxation. 851 1. Literacy Tests and the Property Tax Exemption. 853 2. The Poll Tax. 857 B. Abuse of Demographic Differences: South Carolina Public School Desegregation and Funding. 858 C. Facially... 2021
Osamudia James THE "INNOCENCE" OF BIAS 119 Michigan Law Review 1345 (April, 2021) Biased: Uncovering the Hidden Prejudice that Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York: Viking. 2019. Pp. 340. Cloth, $28; paper, $18. It's simple to explain, but not so easy to see or to rectify. --Eberhardt, p. 279. If multiculturalism was central to the progressive zeitgeist of the 1990s, unconscious bias was the same... 2021
David Schultz THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA 39 Minnesota Journal of Law & Inequality 571 (2021) The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... 2021
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