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
Janis C. Puracal , Forensic Justice Project, Portland, Oregon, 503-664-3641, Email, Website, Twitter @ForensicJustice THE ROLE OF IMPLICIT RACIAL BIAS IN FORENSIC TESTIMONY 45-JUL Champion 26 (July, 2021) Since the murders of George Floyd and Breonna Taylor, conversations around racial bias in the criminal justice system have accelerated. Much of the focus has turned to police reform. The potential for racial bias, however, does not end with the initial stop, search, and arrest. Rather, it can be found throughout the criminal justice system, and... 2021
Wendy R. Calaway , Jennifer M. Kinsley , Taylor Wadian THE ROLE OF JUDICIAL POLITICAL AFFILIATION IN CRIMINAL SENTENCING OUTCOMES 66 Wayne Law Review 347 (Winter, 2021) Abstract. 347 I. Introduction. 348 II. Judicial Roles in Sentencing. 351 A. Judicial Selection Models. 351 1. Appointment. 352 2. Retention. 353 3. Election. 354 B. The Changing Role of Judicial Discretion in Sentencing. 355 1. Historical Indeterminate Sentencing Models. 356 2. The Determinate Truth in Sentencing Movement. 356 3. Modern Guided... 2021
James Naughton THE SCHOOL FOIA PROJECT: UNCOVERING RACIAL DISPARITIES IN SCHOOL DISCIPLINE AND HOW TO RESPOND 52 Loyola University Chicago Law Journal 1045 (Summer, 2021) Since 1984, Illinois has had a Freedom of Information Act law on the books that allows anyone--including educational advocates--to request public records. This creates a useful avenue to access and review records for any public entity, including public school districts. This Article proposes that FOIA creates a powerful pathway for educational... 2021
Larry J. Pittman THE THIRTEENTH AMENDMENT AND EQUAL PROTECTION: A STRUCTURAL INTERPRETATION TO "FREE" THE AMENDMENT 27 William and Mary Journal of Race, Gender, and Social Justice 461 (Winter, 2021) The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court's decision in the Civil Rights Cases regarding the... 2021
Michele Goodwin , Erwin Chemerinsky THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 169 University of Pennsylvania Law Review 313 (January, 2021) Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... 2021
Beth Caldwell THE TWICE DIMINISHED CULPABILITY OF JUVENILE ACCOMPLICES TO FELONY MURDER 11 UC Irvine Law Review 905 (April, 2021) Introduction. 906 I. The Felony Murder Doctrine and Accomplice Liability. 913 A. Background Regarding Felony Murder. 913 B. Accomplice Liability for Felony Murder. 917 II. The Diminished Culpability of Youth in Adult Court. 918 A. The Supreme Court & Adolescent Development. 918 B. Adolescent Brain Development & Felony Murder. 920 III. Recognizing... 2021
Tricia N. Stephens , Colleen Cary Katz , Caterina Pisciotta , Vicki Lens , Corresponding: THE VIEW FROM THE OTHER SIDE: HOW PARENTS AND THEIR REPRESENTATIVES VIEW FAMILY COURT 59 Family Court Review 491 (July, 2021) This qualitative study brings together the voices of parents and their representatives, including attorneys, social workers and parent advocates, to understand the lived experiences of child welfare involved parents as they navigate Family Court, and how to improve it. The findings suggest that these courts are difficult to navigate for both... 2021
Benjamin Justice , Tracey L. Meares THE WOLF WE FEED: DEMOCRACY, CASTE, AND LEGITIMACY 119 Michigan Law Review Online 95 (May, 2021) Legal authority rests on enactment; its pure type is best represented by bureaucracy. The basic idea is that laws can be enacted and changed at pleasure by formally correct procedure. The governing body is either elected or appointed and constitutes as a whole and in all its sections rational organizations .. Obedience is not owed to anybody... 2021
Kimberly Saltz THINKING OUTSIDE OF THE BOX: ETHICAL IMPLICATIONS OF THE UNFORESEEN BACKFIRE OF BAN THE BOX POLICIES 34 Georgetown Journal of Legal Ethics 1301 (Fall, 2021) As early as the 1990s, criminal justice reform advocates have called for banning the box in reference to the check box on most job applications asking applicants if they have a criminal history. Having a criminal history greatly decreases the number of interviews and job offers a candidate receives. This reduces their ability to find employment,... 2021
Kristine Hamann TIME FOR ACTION 36-SPG Criminal Justice 17 (Spring, 2021) The killing of George Floyd by police was a tragic and disturbing event that is a call to action for those in the criminal justice system. As protests and outrage have surfaced in almost every corner of our nation and worldwide, the injustice and inequality in our society are receiving increased scrutiny and study. It is clear that we must all do... 2021
Kyle C. Velte TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK 33 Yale Journal of Law & Feminism 119 (2021) Abstract: White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... 2021
Jordan Blair Woods TRAFFIC WITHOUT THE POLICE 73 Stanford Law Review 1471 (June, 2021) Abstract. We are at a watershed moment in which growing national protest and public outcry over police injustice and brutality, especially against people of color, are animating new meanings of public safety and new proposals for structural police reforms. Traffic stops are the most frequent interaction between police and civilians today, and they... 2021
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