| Author | Title | Citation | Summary | Year |
| 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 |
| Janis C. Puracal , Forensic Justice Project, Portland, Oregon, 503-664-3641, Email jpuracal@forensicjusticeproject.org, Website www.forensicjusticeproject.org, 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: ts42@hunter.cuny.edu |
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 |
| 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 |