| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
| Melia Thompson-Dudiak |
THE BLACK MATERNAL HEALTH CRISIS: HOW TO RIGHT A HARROWING HISTORY THROUGH JUDICIAL AND LEGISLATIVE REFORM |
14 DePaul Journal for Social Justice Just. 1 (Winter, 2021) |
I. INTRODUCTION. 2 II. AN OVERVIEW OF MATERNAL HEALTH IN AMERICA. 5 A. THE HISTORY OF MATERNAL HEALTH IN AMERICA. 5 B. THE CURRENT STATE OF MATERNAL HEALTH IN AMERICA. 10 C. THE TRAGIC EFFECTS OF SYSTEMIC INEQUITIES, IMPLICIT BIASES, AND INDIVIDUALIZED RACISM ON BLACK MOTHERS. 13 III. PRESCRIPTION. 17 A. REVITALIZING THE FOURTEENTH AMENDMENT'S... |
2021 |
| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 California Law Review 1959 (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
| Robert M. Bloom , Nina Labovich |
THE CHALLENGE OF DETERRING BAD POLICE BEHAVIOR: IMPLEMENTING REFORMS THAT HOLD POLICE ACCOUNTABLE |
71 Case Western Reserve Law Review 923 (Spring, 2021) |
Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary; however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines... |
2021 |
| Noah Smith-Drelich |
THE CONSTITUTIONAL TORT SYSTEM |
96 Indiana Law Journal 571 (Winter, 2021) |
Constitutional torts--private lawsuits for constitutional wrongdoing--are the primary means by which violations of the U.S. Constitution are vindicated and deterred. Through damage awards, and occasionally injunctive relief, victims of constitutional violations discourage future misconduct while obtaining redress. However, the collection of laws... |
2021 |
| Marco Martino |
THE EFFECTS OF RACIAL HEALTH DISPARITIES ON MATERNAL HEALTH AND INFANT BIRTH WEIGHT |
30 Annals of Health Law Advance Directive 191 (Spring, 2021) |
Maternal morbidity and mortality, and associated low infant birth rate remain among the most notable disparities in health between White Americans and African Americans. The staggering difference in maternal health and infant birth weight can be attributed to several factors, including differences in socio-economic statuses, access to prenatal... |
2021 |
| Shawn E. Fields |
THE ELUSIVENESS OF SELF-DEFENSE FOR THE BLACK TRANSGENDER COMMUNITY |
21 Nevada Law Journal 975 (Spring, 2021) |
Ky Peterson, a Black transgender man from rural Georgia, had previously been brutally raped while walking home. Mr. Peterson reported the incident to the police, but they never opened an investigation; in fact, the police could barely be bothered to file [a] report. As a result, Mr. Peterson began carrying a firearm for personal protection. On... |
2021 |
| Richard Ariel |
THE FIRST AMENDMENT IMPLICATIONS OF PRESIDENT TRUMP'S EXECUTIVE ORDER ON DIVERSITY TRAINING |
56-SUM Procurement Lawyer 11 (Summer, 2021) |
Following the deaths of Breonna Taylor and George Floyd in March and May 2020, respectively, mass protests against police brutality and systemic racism erupted across the United States. Following this period of civil unrest, a multitude of companies, many of which were federal contractors, put a focus on diversity and inclusiveness training,... |
2021 |
| Adam Lamparello |
THE FLAWS OF IMPLICIT BIAS AND THE NEED FOR EMPIRICAL RESEARCH IN LEGAL SCHOLARSHIP AND IN LEGAL EDUCATION |
45 Journal of the Legal Profession 229 (Spring, 2021) |
The committee didn't count your scholarship (over 70+ law review articles) in the hiring process because it was not empirically supported. Law review articles are not considered scholarship in our department. Facts don't care about your feelings. And the fact is this: the concept of implicit bias is nonsense because implicit biases have no... |
2021 |
| Nicole A. Cofer |
THE IMPLICIT FOUR-LETTER WORD CONTINUED |
2021-SPG West Virginia Lawyer 42 (Spring, 2021) |
During these times of political unrest and division in our nation, it is more important than ever that we all look inward to be cognizant of our own internal beliefs and issues. We need to ask ourselves are there any thoughts, attitudes or fears that are stemming from a knowing or unknowing place of hatred, ignorance, misinformation and/or... |
2021 |
| Lance Currie, Amy Iannone, Claudia Mandato |
THE INTERSECTION OF INCLUSION, DIVERSITY, AND RISK MANAGEMENT IN THE CONSTRUCTION INDUSTRY |
41-WTR Construction Lawyer 23 (Winter, 2021) |
Many construction companies are embracing the need for a vibrant and diverse workforce, making strong efforts to build diverse and inclusive cultures. Study after study shows profitability and ingenuity are directly tied to inclusivity and diversity, as diverse peoples spark innovative ideas. Beyond the benefits, companies also recognize the risks... |
2021 |
| Vincent M. Southerland |
THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM |
80 Maryland Law Review 487 (2021) |
A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... |
2021 |
| Molly Sherwood |
THE MISSING LINK: HOW PROSECUTORS CONTRIBUTE TO THE CARCERAL SYSTEM AND WHY THEY MUST BE INCLUDED IN THE ABOLITION MOVEMENT |
34 Georgetown Journal of Legal Ethics 1315 (Fall, 2021) |
In 2020, the continued police killings of Black people led to an increased call for defunding the police force. The sudden rise of the Defund Movement came as the video of police officer Derek Chauvin kneeling on the neck of George Floyd went viral. As the Defund Movement grew, it led to confusion and disagreement about its end goal. Is the... |
2021 |
| Rachel D. Godsil, Sarah E. Waldeck |
THE NEW TIPPING POINT: DISRUPTIVE POLITICS AND HABITUATING EQUALITY |
70 Emory Law Journal 1507 (2021) |
This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the disruptive politics... |
2021 |
| Nicole Smith Futrell |
THE PRACTICE AND PEDAGOGY OF CARCERAL ABOLITION IN A CRIMINAL DEFENSE CLINIC |
45 New York University Review of Law and Social Change 159 (2021) |
Current social and racial justice movements have helped to advance deeper interest in the long-standing work of carceral abolitionists. Abolitionists understand that the criminal legal process ineffectively uses state-sanctioned violence, surveillance, punishment, and exclusion to address, and counterproductively perpetuate, the underlying problems... |
2021 |
| Kendra Simpson |
THE RACIAL TENSION BETWEEN UNDERPRESCRIPTION AND OVERPRESCRIPTION OF PAIN MEDICATION AMID THE OPIOID EPIDEMIC |
45 New York University Review of Law and Social Change 129 (2021) |
America is in the midst of an opioid crisis. However, unlike prior addiction epidemics, the victims are mostly white. Even in the face of that fact, doctors often discount the pain experienced by African American patients and prescribe patients weaker opioids and lower doses of opioids, leading to prolonged pain. This article attributes at least... |
2021 |
| Brian Sheppard |
THE REASONABLENESS MACHINE |
62 Boston College Law Review 2259 (October, 2021) |
Introduction. 2260 I. Rules, Standards, and Their Automation. 2267 A. The Cost Centers of Rules and Standards. 2268 B. Natural Language Processing of Rules and Standards. 2273 C. NLP Between Rules and Standards. 2280 D. Automation and the Value Proposition of Standards. 2283 II. The Competing Conceptions of the Reasonably Prudent Person Test and... |
2021 |
| Wynne Reece |
THE RECONSTRUCTION OF MEDIATION: A SHIFT TOWARD CULTURAL COMPETENCY AND SOCIAL SOPHISTICATION |
47 Mitchell Hamline Law Review 782 (April, 2021) |
I. Introduction. 782 II. The Origin and Process of Mediation. 786 A. The Origin. 786 B. The Process. 789 C. In Practice. 792 III. Proposed Reconstruction: Exploring the Importance of Cultural Competency and Social Sophistication in Theory and Practice. 793 A. What Does Competence Mean?. 796 B. With an Openness to Learning, Mediators Can Evolve..... |
2021 |
| Kathryn Stanchi |
THE RHETORIC OF RACISM IN THE UNITED STATES SUPREME COURT |
62 Boston College Law Review 1251 (April, 2021) |
Introduction. 1252 I. Methodology. 1255 II. Doctrinal Theoretical Overview. 1257 III. The Categories and Rhetorical Analysis. 1264 A. Calling Out the Court's Complicity in Racism. 1267 1. The Five Strong References Calling Out the Court's Racism. 1269 2. The Eight Weak Calling-Out References. 1273 B. Pointing Out Racism Without Implicating the... |
2021 |
| Margaret Olson , Ivy Telles |
THE ROAD TO SOLUTIONS: SYSTEMIC RACISM AND IMPLICIT BIAS IN PROSECUTION |
34-APR Utah Bar Journal 25 (March/April, 2021) |
This article explores an uncomfortable topic. Not least among the incredible events of 2020, our country and our state saw an outpouring of outrage, protest, and even violence in the aftermath of the murder of George Floyd, Ahmaud Arbery, Breonna Taylor, and others. The undersigned authors, like many, tried to stay quiet and do some listening. To... |
2021 |