E. Christi Cunningham TRAUMATIZED SYSTEMS THEORY: ACCOUNTABILITY FOR RECURRENT SYSTEMIC HARM 71 Case Western Reserve Law Review 987 (Spring, 2021) C1-2Contents Introduction. 988 I. Recurrent Systemic Harm. 991 A. Defining Systems. 991 B. Examples of Recurrent Systemic Harm. 995 1. Corporate Risk-Taking. 995 2. Systemic Racism. 996 3. Artificial Intelligence. 997 II. Trauma and Trauma Response. 998 A. Trauma. 998 B. Perpetrator Trauma: Trauma to Those who Inflict Trauma. 1002 C. Trauma... 2021
T. Markus Funk, Ph.D. UNDERSTANDING THE ROLE VALUES PLAY (AND SHOULD PLAY) IN SELF-DEFENSE LAW 58 American Criminal Law Review 331 (Spring, 2021) Introduction. 332 I. The Scholarly Community's Surprising Neglect of Values as Self-Defense Decision-Grounds. 333 II. Setting the Analytical Stage. 339 A. The German Fruit Thief. 342 B. Controversial Contemporary Cases. 345 III. Advancing the Debate Through a More Value-Centric Dialogue--Introducing the Seven Decision-Grounds. 349 A. Value #1:... 2021
Kristen Underhill, Olatunde C.A. Johnson VACCINATION EQUITY BY DESIGN 131 Yale Law Journal Forum 53 (September 18, 2021) abstract. This Essay examines how states' initial COVID-19 vaccine-distribution strategies tended to disadvantage populations of color, including Black, Latinx, and Native American communities. These dynamics resonate with inverse equity effects of other public-health innovations. We argue for a federal regulatory framework to reduce... 2021
Ana Santos Rutschman VACCINE CLINICAL TRIALS AND DATA INFRASTRUCTURE 2021 Utah Law Review 771 (2021) We find ourselves at a momentous turn in the history of vaccines. The COVID-19 pandemic triggered a quasi-global vaccine race that not only compressed vaccine research and development timelines, but also paved the way for the administration of a new type of vaccine technology--mRNA vaccines, which work in substantially different ways from the... 2021
Amy F. Kimpel VIOLENT VIDEOS: CRIMINAL DEFENSE IN A DIGITAL AGE 37 Georgia State University Law Review 305 (Winter, 2021) Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases.... 2021
Kate E. Bloch VIRTUAL REALITY: PROSPECTIVE CATALYST FOR RESTORATIVE JUSTICE 58 American Criminal Law Review 285 (Spring, 2021) A 2018 U.S. Department of Justice report assessing data from thirty states found that eighty-three percent of those individuals released from state prisons in 2005 were rearrested within nine years. When a revolving door ushers five of six individuals back into custody and decimates communities, more effective approaches to criminal justice demand... 2021
The Honorable Anita S. Earls VOICES FOR JUSTICE 43 Campbell Law Review 165 (2021) The articles and essays in this volume are precisely the kind of scholarship that is required to give voice to the experiences of Black and Brown people in North Carolina and more broadly around the country, experiences that otherwise remain largely invisible. Indeed, as Professor Njeri Rutledge eloquently explains here, sometimes the racialized... 2021
Arline T. Geronimus, ScD WEATHERING THE PANDEMIC: DYING OLD AT A YOUNG AGE FROM PRE-EXISTING RACIST CONDITIONS 27 Washington and Lee Journal of Civil Rights and Social Justice 409 (Spring, 2021) C1-2Table of Contents I. Introduction. 410 A. What Is Weathering from a Biological Mechanistic Perspective?. 413 B. Weathering Populations and the Pandemic. 425 II. Distinction Between the Constructs of Weathering vs. Pre-Existing Medical Conditions. 430 A. Legal Applications of Weathering Knowledge in the Pandemic. 435 III. Conclusion. 440 2021
Danielle L. Macedo WHAT KIND OF JUSTICE IS THIS? OVERBROAD JUDICIAL DISCRETION AND IMPLICIT BIAS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 24 Journal of Gender, Race and Justice 43 (Spring, 2021) I.Introduction. 44 II.Black American History and the Criminal Justice System: Setting the Stage. 48 A. Before the Civil Rights Movement: Explicit Bias in America. 51 B. The Civil Rights Movement and Beyond: Implicit Bias in America. 55 C. Black Lives Matter. 59 D. The Fight for Racial Equality Continues. 63 III.Criminal Sentencing Procedure and... 2021
Professor Elayne E. Greenberg WHEN PUBLIC DEFENDERS AND PROSECUTORS PLEA BARGAIN RACE--A MORE TRUTHFUL NARRATIVE 47 Ohio Northern University Law Review 605 (2021) Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek. Barack Obama This paper challenges prevailing stereotypes about public defenders and prosecutors and updates those stereotypes with a more accurate narrative about how reform-minded public defenders and... 2021
Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 55 Law and Society Review 227 (June, 2021) White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... 2021
Sybil Dunlop, Jenny Gassman-Pines WHY THE LEGAL PROFESSION IS THE NATION'S LEAST DIVERSE (AND HOW TO FIX IT) 47 Mitchell Hamline Law Review 129 (February, 2021) I. Introduction. 129 II. Why Does It Matter?. 133 A. The Legitimacy of Our Judicial System Depends on Diversity. 133 B. Diverse Teams Generate Better Outcomes. 134 C. Non-Diverse Organizations Increasingly Face Censure. 136 III. Methods. 137 IV. Why Is The Legal Profession Struggling?. 139 V. Explicit Racism & Sexism. 140 VI. Implicit Bias. 141 A.... 2021
Michele Goodwin WOMEN ON THE FRONTLINES 106 Cornell Law Review 851 (May, 2021) This Article takes aim at the troubling and persistent disempowerment and invisibility of women generally, and particularly marginalized women of color even one hundred years after the ratification of the Nineteenth Amendment. It observes how the persistence of sexism, toxically combined with racism, impedes full political, economic, and social... 2021
Tasnim Motala WORDS STILL WOUND: IIED & EVOLVING ATTITUDES TOWARD RACIST SPEECH 56 Harvard Civil Rights-Civil Liberties Law Review 115 (Winter, 2021) C1-3Table of Contents R1-2Introduction . L3116 I. Racial Insults: A Harm Without a Remedy. 119 A. Dignitary Harms. 120 B. Psychological Harms. 122 C. Societal Harms. 125 II. Responses to Racial Insults. 126 A. Societal Responses to Racial Insults. 126 B. Legal Responses to Racial Insults. 130 1. Human Rights Commissions. 130 2. Criminal Law. 132... 2021
Merle H. Weiner YOU CAN AND YOU SHOULD: HOW JUDGES CAN APPLY THE HAGUE ABDUCTION CONVENTION TO PROTECT VICTIMS OF DOMESTIC VIOLENCE 28 UCLA Women's Law Journal 223 (Summer, 2021) C1-2Table of Contents Introduction. 224 I. Judges Often Feel Conflicted When Adjudicating a Hague Convention Case Involving Domestic Violence. 231 A. Domestic Violence Is Not Expressly Relevant to the Hague Convention. 233 B. Return of a Child Can Harm the Child, the Taking Parent, and Other Survivors. 236 C. It's Up to Judges to Reach Just Results... 2021
Emily Haney-Caron, JD, PhD, Erika Fountain, PhD YOUNG, BLACK, AND WRONGFULLY CHARGED: A CUMULATIVE DISADVANTAGE FRAMEWORK 125 Dickinson Law Review 653 (Spring, 2021) The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful... 2021
Nicole Pijon YOUTH IN ADULT COURT: RETHINKING ILLINOIS' USE OF DISCRETIONARY TRANSFER 41 Children's Legal Rights Journal 135 (2021) Our state, home of the country's first juvenile court and once a leader in juvenile justice reform, should not be a place where we boast of locking up juveniles and throwing away the key. Illinois should be a place where youth matters .. --Justice Mary J. Theis In 1899--well over a century ago--Illinois laid a cornerstone for juvenile justice... 2021
Annie Sloan "WHAT TO DO ABOUT BATSON?": USING A COURT RULE TO ADDRESS IMPLICIT BIAS IN JURY SELECTION 108 California Law Review 233 (February, 2020) In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court attempted to eliminate racial discrimination in jury selection by prohibiting the use of peremptory challenges to intentionally strike prospective jurors based on their race. Today, more than thirty years later, Batson's now-familiar three-part framework is widely considered to be a... 2020
Ted A. Donner, J.D., Richard K. Gabriel § 32:1.Significance of questions concerning racial bias Jury Selection Strategy and Science § 32:1 (2020) There is a difference between racism on the part of attorneys and racial bias among jurors. As Justice Kennedy found in his concurring opinion in J.E.B. v. Alabama: We do not prohibit racial and gender bias in jury selection only to encourage it in jury deliberations. Once seated, a juror should not give free rein to race or gender bias of his or... 2020
Ted A. Donner, J.D., Richard K. Gabriel § 32:2.Questioning about Gender Bias Jury Selection Strategy and Science § 32:2 (2020) Gender bias, like racism, plays a problematic role in any group dynamic. But, unlike racism, the idea that men and women are different" remains an idea which many embrace and which thus still maintains a foothold both in life experience and in the academic literature. However biased such views may be 2020
Roger Park, Tom Lininger § 6.2 IDEOLOGICAL BIAS Aspen Publishers § 6.2 (2020) The term ideological bias refers to general ideas and preconceptions that might cause a witness to favor or disfavor a party. The crucial question is whether general ideological bias manifests itself in aversion or sympathy with respect to a particular party. Perhaps the plainest example of bias is racism. A witness who generally harbors enmity... 2020
Lisa Blue, Ph.D., J.D. and , Robert B. Hirschhorn, J.D. Appendix K. Peremptory Challenges and Implicit Bias: Inherent Conflicts in How the Justice System Struggles With Racism Blue's Guide to Jury Selection APP K (2020) In August, 2016, a New York Supreme Court considered whether Time Warner should be allowed to request footage from investigations conducted by the New York City Police Department. Their stated goal was to discover how pervasive racial bias was within the department and its impact on the ways in which investigations were being conducted: Video... 2020
Candace White BIAS AND GUILT BEFORE INNOCENCE: HOW THE AMERICAN CIVIL LIBERTIES UNION SEEKS TO REFORM A SYSTEM THAT PENALIZES INDIGENT DEFENDANTS 83 Albany Law Review 657 (2019-2020) For decades, the United States has debated the concept of a money-bail system, which has been documented to disenfranchise individuals of lower socioeconomic statuses. Because the accused's financial status is often not assessed during bail and arraignment hearings, judges often set bail in excess of the defendant's financial means. As a result,... 2020
Brooks Holland CONFRONTING THE BIAS DICHOTOMY IN JURY SELECTION 81 Louisiana Law Review 165 (Fall, 2020) C1-3Table of Contents Introduction. 166 I. The Bias Dichotomy. 174 II. The Failed Batson Solution. 186 III. A Cautious Defense of the Peremptory Challenge. 194 IV. Confronting the Bias Dichotomy . Again: Washington GR 37. 204 Conclusion: Looking Forward. 213 2020
Jonathan Cardi , Valerie P. Hans , Gregory Parks DO BLACK INJURIES MATTER?: IMPLICIT BIAS AND JURY DECISION MAKING IN TORT CASES 93 Southern California Law Review 507 (March, 2020) They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by African Americans are devalued relative to the injuries of whites. This study is one of the first comprehensive experimental examinations of how race affects judgments of tort injuries. We... 2020
Frank Harty, Haley Hermanson IMPLICIT BIAS EVIDENCE: A COMPENDIUM OF CASES AND ADMISSIBILITY MODEL 68 Drake Law Review 1 (2020) Implicit bias theory suggests a person's thoughts and actions are influenced by subconscious racist tendencies. While this is hardly a novel concept, its popularity and celebrity have skyrocketed in recent years--attributable in no small part to the so-called Implicit Association Test (IAT) which is available online. Scholars and scientists have... 2020
Charles R. Lawrence III IMPLICIT BIAS IN THE AGE OF TRUMP: BIASED: UNCOVERING THE HIDDEN PREJUDICE THAT SHAPES WHAT WE SEE, THINK, AND DO. BY JENNIFER L. EBERHARDT. NEW YORK, N.Y.: VIKING. 2019. PP. 340. $28.00 133 Harvard Law Review 2304 (May, 2020) We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... 2020
Marcus Lind-Martinez LATINIDAD, WHITE SUPREMACY, AND REFORMING FIRST-YEAR MOOT COURT COMPETITIONS TO CONFRONT RACIAL AND ETHNIC BIAS 23 Harvard Latinx Law Review 125 (Spring, 2020) I. Framing the Moot Court Experience with Narrative. 125 II. Critical Analysis of First-Year Moot Court Competitions. 128 A. The Brief. 129 B. May it Please the Court. 131 C. Your Honor. 133 D. Ridiculous. 135 III. Reflections on the First-Year Curriculum. 138 A. Building Cultural Competency and Empathy. 138 B. Developing Anti-Racist Methods... 2020
Walter I. Gonçalves, Jr. NARRATIVE, CULTURE, AND INDIVIDUATION: A CRIMINAL DEFENSE LAWYER'S RACE-CONSCIOUS APPROACH TO REDUCE IMPLICIT BIAS FOR LATINXS 18 Seattle Journal for Social Justice 333 (Spring, 2020) When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... 2020
Irene Oritseweyinmi Joe REGULATING IMPLICIT BIAS IN THE FEDERAL CRIMINAL PROCESS 108 California Law Review 965 (June, 2020) Like other supervisory lawyers, federal judges have twin responsibilities. They must comport with ethical and professional rules that govern their own behavior while simultaneously monitoring other attorneys to ensure they are not violating similarly controlling rules. The judicial robe, however, adds an extra dimension of responsibility in the... 2020
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