Author | Title | Citation | Summary | Year |
Jeffrey S. Adler |
'I LAID EARL AND CLEMENTINE ON A CHAIR AND WHIPPED THEM': CHILD MURDER AND CRIMINAL JUSTICE IN THE JIM CROW SOUTH |
63 American Journal of Legal History 19 (March, 2023) |
This article explores a horrific 1945 child murder in New Orleans and argues that the case revealed broader developments in Southern criminal justice in the age of Jim Crow. Ernestine Bonneval tied her young children to an ironing board and lashed them, killing her 7-year-old daughter. The murder generated outrage, with residents demanding severe... |
2023 |
Nina Farnia |
IMPERIALISM AND BLACK DISSENT |
75 Stanford Law Review 397 (February, 2023) |
Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... |
2023 |
Wallace B. Jefferson |
INHERITANCE OF HOPE |
107 Judicature 28 (2023) |
This article is based on a speech given to the University of Texas Thurgood Marshall Legal Society on April 9, 2021. Thirty-three years after Martin Luther King's I Have a Dream speech at the Lincoln Memorial, I visited Washington, D.C., for the first time. It was Tuesday, Nov. 5, 1996--a presidential Election Day. That morning, I argued my first... |
2023 |
Carlton Fearon |
INNOVATIVE CONTRACT DRAFTING TO PROTECT BLACK ARTISTS |
13 Arizona State Sports & Entertainment Law Journal 131 (Fall, 2023) |
C1-2Content Abstract. 132 Introduction. 132 I. History of the Entertainment Industry Taking Advantage of Black Artists. 136 A. Exploitation: Slavery Through the 1980s. 136 B. Exploitation: 1990s to Present. 139 II. Types of Problems that Remain In Black Artists' Contracts. 144 A. Inequitable Royalties. 144 B. BMG Study Displaying Royalty... |
2023 |
Victor C. Romero |
INTERRACIAL COALITION BUILDING: A FILIPINO LAWYER IN A BLACK-WHITE COMMUNITY |
127 Dickinson Law Review 767 (Spring, 2023) |
The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America's self-definition as a nation of immigrants. Heeding Eric Yamamoto's four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the... |
2023 |
Benita Miller |
KEEPING THE FAITH: FORTIFYING TITLE IX PROTECTIONS POST-ROE FOR BLACK GIRLS |
56 Creighton Law Review 359 (June, 2023) |
My spirit is too ancient to understand the separation of soul & gender. Pregnant and parenting teens have a right to stay in school to complete their education. Embedded in the federal Title IX Education Amendments is the guarantee that discrimination based on pregnant and parenting status is prohibited if a school is receiving public funds. Title... |
2023 |
Mia Bonardi |
LEARNING FROM GUANTÁNAMO: AVOIDING LEGAL BLACK HOLES IN OUTER SPACE |
6 Cardozo International & Comparative Law Review 747 (Spring, 2023) |
True peace is not merely the absence of war, it is the presence of justice. - Jane Addams Legal black holes are spaces beyond the reach of enforceable law and thus inflict people within their pull with rightlessness. The term legal black hole arose originally around the Guantánamo Bay detention center, but it has since been used in other... |
2023 |
Mohit Chhabra |
LEARNING TO SEE THROUGH THE BLACK BOX: DEVELOP X-RAY VISION THROUGH ALGORITHMIC INTUITION |
53 Environmental Law Reporter (ELI) 10659 (August, 2023) |
Environmental, natural resource, and energy planning will continue to rely on increasingly complex algorithms. Are these processes then also doomed to be inaccessible to key stakeholders? Hopefully not. There are multiple steps to ensuring process and participatory equity. There is ease of access to the process, access to necessary information, and... |
2023 |
Kindaka Sanders |
LET MY PEOPLE GO, PART ONE: BLACK REBELLION AND THE SECOND AMENDMENT POLITICAL NECESSITY DEFENSE |
31 William & Mary Bill of Rights Journal 765 (March, 2023) |
This Article argues that when an individual or group acts to protect a government-assailed constitutional right by criminal means, the doctrine of political necessity may serve as a constitutionally protected defense. The doctrine of political necessity builds on the common law doctrine of necessity. The necessity doctrine, also referred to as the... |
2023 |
Jessica M. Williams |
LOOKING A CERTAIN WAY: HOW DEFUNCT SUBJECTIVE STANDARDS OF MEDIA REGULATION CONTINUE TO AFFECT BLACK WOMEN |
111 California Law Review 247 (February, 2023) |
Regulatory enforcement is only as good as the standards to be enforced. I argue here that subjective standards formerly in place at the Motion Picture Producers and Distributors of America (MPPDA) and the United States Patent & Trademark Office (PTO) were imbued with the White-centric beliefs of its designers and enforcers. Drawing on critical race... |
2023 |
Erica Witter |
MAKING AMENDS: LOCALIZING AND IMPLEMENTING HOUSING REPARATION PROGRAMS FOR AFRICAN AMERICANS AFFECTED BY DISCRIMINATORY HOUSING POLICIES |
15 Drexel Law Review 509 (2023) |
In Philadelphia, there is a significant gap in African American home ownership that has contributed to many of the problems that African American residents face today. Decreased industrialization, high poverty rates, crime, and loss in property values are direct consequences of housing discrimination by state and private actors. This Note... |
2023 |
Christian Bush |
MODERN SCOFFLAWS: AN EXAMINATION OF ALCOHOL RESALE LAW AND THE BOURBON BLACK MARKET |
18 Journal of Law, Economics & Policy 1 (Spring, 2023) |
Too much of anything is bad, but too much good whiskey is barely enough Mark Twain In 1923, Delcevare King, a vigorous supporter of the then three-year-old Noble Experiment known as Prohibition, advertised a contest in the Boston Daily Globe. King offered to pay 200 dollars in gold for a new epithet to stab awake the conscience of the drinker... |
2023 |
Brooklynn K. Hitchens , Jeaneé C. Miller , Yasser Arafat Payne , Ivan Y. Sun , Isabella Castillo |
MORE THAN RACE? INTRAGROUP DIFFERENCES BY GENDER AND AGE IN PERCEPTIONS OF POLICE AMONG STREET-IDENTIFIED BLACK MEN AND WOMEN |
47 Law and Human Behavior 634 (December, 2023) |
Objective: Whereas studies have documented racial differences in attitudes toward police between White and Black Americans, relatively little is known about the intragroup, gender-based variations among urban Black residents involved in criminal activity (i.e., street-identified men and women). Hypotheses: We hypothesized Black women would be more... |
2023 |
Jacqueline Nafstad |
NEW JIM CROW OF THE NORTH: CFOS, NUISANCE, AND NEOSEGREGATION |
44 Mitchell Hamline Law Journal of Public Policy and Practice 142 (Spring, 2023) |
I. Introduction. 143 II. History of Crime-Free Housing Ordinances. 146 III. Crime-Free Housing Ordinances as Neosegregation. 148 A. Robbinsdale's CFO and Mandatory Evictions. 148 B. CFOs Perfect Slavery. 150 C. The White Right to Exclude and the Inevitability of Black Exclusion. 151 D. Neosegregation--Two Robbinsdales. 152 IV. Nuisance... |
2023 |
Jennifer C. Nash |
ON MARCHING KARENS AND METAPHORICAL BLACK WOMEN |
34 Yale Journal of Law & Feminism 40 (2023) |
In 2021, the New York Times published March of the Karens, an article that described a figure who symbolizes all that is wrong with contemporary feminism: Karen. Ligaya Mishan describes Karen as an interfering, hectoring white woman, the self-appointed hall monitor unloosed on the world, so assured of her status in society that she doesn't... |
2023 |
Sakshi Sharma |
PAINT IT BLACK: COPYRIGHT CONCERNS AROUND TATTOOS' PORTRAYAL IN MEDIA |
2023 Berkeley Journal of Entertainment & Sports Law 1 (2023) |
Art can come in many forms and styles, from acrylics on canvas to watercolor paints on paper. Tattoos are no different, with the human body serving as the vessel for self-expression inherent in this medium of illustration. Thus, it comes as no surprise that a lot of public figures across fields--be it sports or entertainment--have tattoos to better... |
2023 |
Candice Youngblood , Alicia Arrington , Savonala “Savi” Horne , Kimberly Leefatt , Moderators, Speakers |
PANEL 4: BLACK WOMEN TALK: JUST TRANSITION SYMPOSIUM |
49 Ecology Law Quarterly 905 (2023) |
Alicia Arrington: Happy Friday, everyone. Thank you all for being here. This is a bonus panel from the Ecology Law Quarterly's symposium for this year. We have the pleasure today of speaking with two wonderful Black women about just transition and what it looks like for communities of color. I am Alicia Arrington, I'm the environmental justice... |
2023 |
I. Bennett Capers |
POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT |
136 Harvard Law Review 2044 (June, 2023) |
Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... |
2023 |
Ilse Turner |
PRAYING FOR A HEALTHY BIRTH, BLACK MOTHERS FIGHTING RACISM EVEN IN THE DELIVERY ROOM |
19 Journal of Health & Biomedical Law 175 (2023) |
Having a baby is one of the most anxiety-inducing experiences in a woman's life. The days leading up to birth are often filled with thoughts such as: will my baby be healthy? Will the doctor be on time? What if I need to have an emergency c-section? Black women, however, face an additional worrying question, will I receive adequate medical care? On... |
2023 |
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PROPERTY--REPARATIONS VIA REMEDIAL INTERVENTIONS-- SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS DESCENDANT LACKS PROPERTY RIGHTS IN IMAGES OF ENSLAVED ANCESTORS.--LANIER v. PRESIDENT & FELLOWS OF HARVARD COLLEGE, 191 N.E.3D 1063 (MASS. 2022) (IMAGES OF E |
136 Harvard Law Review 2192 (June, 2023) |
Lawsuits seeking compensation for injuries stemming from the institution of American chattel slavery face an uphill battle. From the absence of congressionally authorized remedies to procedural bars on common law claims, prospective plaintiffs must confront a system ill-suited to provide redress for the legacy of slavery. Recently, in Lanier v.... |
2023 |
Penelope Andrews |
REFLECTIONS ON SOUTH AFRICA'S FIRST BLACK CHIEF JUSTICE, ISMAIL MAHOMED |
57 Law and Society Review 444 (December, 2023) |
The law was in effect Mahomed's life. His visible and strong sense of justice and morality were his touchstone. He regarded the attainment of justice as being the ultimate rationale for all law. This sustained him throughout his illustrious career as an advocate and judge. (Rose-Innes, 2000) LSA Presidential Address 2021 (virtual meeting) Good... |
2023 |
Phyllis C. Taite |
REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY |
10 Belmont Law Review 301 (Spring, 2023) |
Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... |
2023 |
Kathryn Fitzgerald |
REMNANTS OF CASTE: BLACK FARMERS, WHITE FARMERS, CONGRESS, AND THE USDA |
23 University of Maryland Law Journal of Race, Religion, Gender and Class 81 (Spring, 2023) |
Remnants of caste persist .. The challenge ahead is to demonstrate . why such subordination and the institutions that give rise to it are incompatible with the equality the Constitution promises. For decades, Black farmers faced discriminatory practices at the hands of the United States Department of Agriculture (USDA). Recently, however, a group... |
2023 |
Cecilia Landor |
RIGHT TO INFORMED CONSENT, RIGHT TO A DOULA: AN EVIDENCE-BASED SOLUTION TO THE BLACK MATERNAL MORTALITY CRISIS IN THE UNITED STATES |
30 Michigan Journal of Gender & Law 61 (2023) |
This Note seeks to build on existing research about how to improve childbirth in the United States for women, particularly for Black women, given the United States' extremely high maternal mortality rate. Through examining the history and characteristics of American and Western childbirth, it seeks to explore how the current birth framework... |
2023 |
Naomi Murakawa |
SAY THEIR NAMES, SUPPORT THEIR KILLERS: POLICE REFORM AFTER THE 2020 BLACK LIVES MATTER UPRISINGS |
69 UCLA Law Review 1430 (September, 2023) |
Since the unprecedented Summer 2020 uprisings against policing and racism, many elites have embraced an anti-woke politics that openly celebrates law-and-order authoritarianism, heteropatriarchy, and white nationalism. This Article attends to a different but reinforcing response to the George Floyd uprisings: repression through a politics of... |
2023 |
Halley Townsend |
SECOND MIDDLE PASSAGE: HOW ANTI-ABORTION LAWS PERPETUATE STRUCTURES OF SLAVERY AND THE CASE FOR REPRODUCTIVE JUSTICE |
25 University of Pennsylvania Journal of Constitutional Law 187 (March, 2023) |
To celebrate freedom and democracy while forgetting America's origins in a slavery economy is patriotism à la carte. In the 1850s, a slave woman named Celia was raped by her owner and forced to bear his children. The same situation is playing out in present-day abortion prohibition states thanks to the Supreme Court's decision in Dobbs v. Jackson... |
2023 |
Samuel Vincent Jones |
SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? |
56 UIC Law Review 627 (Winter 2023) |
It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... |
2023 |
Paul Butler |
SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM |
121 Michigan Law Review 1071 (April, 2023) |
Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell. New York: Astra House. 2021. Pp. 288. Cloth, $28. Paper, $18. Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson. New York: New York University Press. 2022. Pp. 312. $45. Black women are guiding... |
2023 |
Adjoa A. Aiyetoro |
SOCIAL CONSTRUCTION OF RACE UNDERGIRDS RACISM BY PROVIDING UNDUE ADVANTAGES TO WHITE PEOPLE, DISADVANTAGING BLACK PEOPLE AND OTHER PEOPLE OF COLOR, AND VIOLATING THE HUMAN RIGHTS OF ALL PEOPLE OF COLOR |
94 University of Colorado Law Review 415 (Spring, 2023) |
INTRODUCTION. 416 I. The Social Construction of Race and White Supremacy. 419 II. The Lethal Nature of the Construction of the Racial Hierarchy and White Supremacy. 426 A. Slavery. 426 B. Post Slavery Violence and Terrorism: The Tulsa Race Massacre. 428 C. Ending the Human and Structural Internalization of the Lie of a Racial Hierarchy and White... |
2023 |
Brendan Max |
SOUNDTHINKING'S BLACK-BOX GUNSHOT DETECTION METHOD: UNTESTED AND UNVETTED TECH FLOURISHES IN THE CRIMINAL JUSTICE SYSTEM |
26 Stanford Technology Law Review (2023) (Spring, 2023) |
SoundThinking has successfully marketed their ShotSpotter forensic gunshot detection method to police departments and prosecutors as a reliable method for detecting and locating gunfire incidents in urban environments and generating admissible evidence for use in criminal prosecutions. The ShotSpotter method involves networks of microphones... |
2023 |
Terri L. Snyder, California State University, Fullerton, CA, USA, snyder@fullerton.edu, https://doi.org/10.1093/ajlh/njad012, Advance Access Publication Date: 8 August 2023 |
TAMIKA Y. NUNLEY, THE DEMANDS OF JUSTICE: ENSLAVED WOMEN, CAPITAL CRIME, AND CLEMENCY IN EARLY VIRGINIA (CHAPEL HILL: UNIVERSITY OF NORTH CAROLINA PRESS 2023), PP 243, $27.95 (PAPERBACK). ISBN 978-1-4696-7312-7 |
63 American Journal of Legal History 55 (March, 2023) |
Tamika Y Nunley's The Demands of Justice is an innovative and important new study of enslaved women and girls who were charged with capital crimes in pre-Civil War, nineteenth-century Virginia. Readers might assume that the title's demands of justice refers to the accusations, trials, and punishments faced by these women. However, Nunley pushes... |
2023 |
Jamila Jefferson-Jones |
THE ANTI-WOKE AND THE BLACK AMERICAN (WAKING) DREAM |
17 Florida A & M University Law Review xv (Spring, 2023) |
This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the The American Dream Belongs to All of Us Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author... |
2023 |
Jacob Snuffer |
THE BLACK LUNG BENEFITS IMPROVEMENT ACT OF 2022: BENEFITS TO MINERS & THE ATTORNEYS WHO SERVE THEM |
22 Appalachian Journal of Law 1 (2023) |
Keywords: Black lung, coal, miner, mining, lung Coal Workers' Pneumoconiosis, commonly known as black lung, is an occupational lung disease caused by prolonged inhalation of coal dust and other particles. The severity of black lung symptoms varies, including coughing, phlegm, progressive respiratory failure, and heart complications. In the worst... |
2023 |
Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
Dania V. Francis , Grieve Chelwa , Darrick Hamilton , Thomas W. Mitchell , Nathan A. Rosenberg , Bryce Wilson Stucki |
THE CONTEMPORARY RELEVANCE OF HISTORIC BLACK LAND LOSS |
48 Human Rights 4 (2023) |
Luke McElroy, a Black farmer who owned 155 acres of land in Cherokee County, Alabama, was shot to death in 1949 by a neighboring white farmer over a property dispute. In Amite County, Mississippi, Reverend Isaac Simmons, also a Black farmer, was lynched by six white men in 1944 when he refused to give up his farmland to the men, who thought it... |
2023 |
Omavi Shukur |
THE CRIMINALIZATION OF BLACK RESISTANCE TO CAPTURE AND POLICING |
103 Boston University Law Review 1 (February, 2023) |
The antiblack dimensions of antiresisting laws, that is, criminal proscriptions against physically resisting law enforcement, harden white social dominance and deepen black racial subordination. This Article contributes to the field by identifying and examining the relationship between black resistance to racial subordination and the development of... |
2023 |
Daniel LaChance |
THE DEATH PENALTY IN BLACK AND WHITE: EXECUTION COVERAGE IN TWO SOUTHERN NEWSPAPERS, 1877-1936 |
48 Law and Social Inquiry 999 (August, 2023) |
In the immediate aftermath of Reconstruction, coverage of executions in the Atlanta Constitution and the New Orleans (Times-)Picayune occasionally portrayed African Americans executed by the state as legally, politically, and spiritually similar to their white counterparts. But as radical white supremacy took hold across the South, the coverage... |
2023 |
Varun Bhatnagar |
THE EVIDENTIARY IMPLICATIONS OF INTERPRETING BLACK-BOX ALGORITHMS |
20 Northwestern Journal of Technology & Intellectual Property 433 (April, 2023) |
Biased black-box algorithms have drawn increasing levels of scrutiny from the public. This is especially true for those black-box algorithms with the potential to negatively affect protected or vulnerable populations. One type of these black-box algorithms, a neural network, is both opaque and capable of high accuracy. However, neural networks do... |
2023 |
Yolla S. Kairouz |
THE GREY RHINO, BLACK SWAN, AND ELEPHANT IN THE ROOM: A CASE FOR THE USE OF METAPHORS IN RISK MANAGEMENT LEADERSHIP |
44 University of La Verne Law Review 23 (Fall, 2023) |
We walk together along the grassy plains of the savannah. A distant locale remote, untouched in its natural, pristine splendor. The heavens above color the bright azure sky, and the glorious equatorial sun streaks lines of gold, tangerine orange, brick red, and vibrant purple stripes as it quietly begins to set in the West. We creep along the... |
2023 |
Brenda D. Gibson |
THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY |
26 CUNY Law Review 172 (Summer, 2023) |
I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... |
2023 |
Kathy Rong Zhou |
THE LAST BLACK TOBACCO UNION: LOCAL 208, SEGREGATED SENIORITY, AND THE INTEGRATING SOUTH |
73 Duke Law Journal 209 (October, 2023) |
After federal reforms in the 1930s protected the right to organize, the Tobacco Workers International Union made quick work of mobilizing the American South. Its unions, though segregated, made strides. Yet Black unions' collective bargaining gains could not transcend one of the South's most oppressive employment practices: segregated systems for... |
2023 |
Leilani Stacy |
THE MOVEMENT FOR BLACK LIVES: A CASE STUDY OF CONSTITUTIONAL UNDERSTANDINGS OF QUALIFIED IMMUNITY AND THE ARGUMENT FOR A LEGISLATED CONSTITUTION |
32 Southern California Review of Law & Social Justice 201 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 202 II. A BRIEF HISTORY OF QUALIFIED IMMUNITY JURISPRUDENCE AND RECENT CALLS FOR ITS END. 205 III. AN OVERVIEW OF BLM AS A SOCIAL MOVEMENT AND POSITION ON QUALIFIED IMMUNITY. 209 IV. EXISTING THEORIES OF SOCIAL MOVEMENTS' INFLUENCE ON THE CONSTITUTION. 213 A. Frameworks to Help Guide an Understanding of the... |
2023 |
Megan Buechler |
THE NEVER-ENDING DROUGHT FOR BLACK FARMERS: THE LASTING EFFECTS OF PIGFORD AND THE CONTINUANCE OF USDA DISCRIMINATION |
61 University of Louisville Law Review 223 (Spring, 2023) |
The government may have admitted guilt and wrote a check but that is not what these farmers wanted. They wanted to be heard. They wanted their stories to be told, they wanted to protect future generations, Black and White, from ever letting this happen again. --Greg A. Francis Forty acres and a mule--William Sherman promised this redistribution... |
2023 |
Samantha Buckingham |
THE RAGE OF INNOCENCE: HOW AMERICA CRIMINALIZES BLACK YOUTH, PANTHEON (2021), BY KRISTIN HENNING |
47-FEB Champion 56 (January/February, 2023) |
Kristin Henning's The Rage of Innocence is a must-read for defenders with clients of any age. There is no better primer for understanding the intersection of race and adolescence in our criminal legal system than The Rage of Innocence. The book is a meticulously researched reference guide for defenders, a stunning example of how to use storytelling... |
2023 |
Jessica M. Salerno, Kylie Kulak, Laura Smalarz, Rose E. Eerdmans, Megan L. Lawrence, Tramanh Dao, School of Social and Behavioral Sciences, Arizona State University |
THE ROLE OF SOCIAL DESIRABILITY AND ESTABLISHING NONRACIST CREDENTIALS ON MOCK JUROR DECISIONS ABOUT BLACK DEFENDANTS |
47 Law and Human Behavior 100 (February, 2023) |
Objective: Recently, experimental work on racial bias in legal settings has diverged from real-world field data demonstrating racial disparities, instead often producing null or potential overcorrection effects favoring Black individuals over White individuals. We explored the role of social desirability in these counterintuitive effects and tested... |
2023 |
Yvette N.A. Pappoe |
THE SCARLET LETTER "E": HOW TENANCY SCREENING POLICIES EXACERBATE HOUSING INEQUITY FOR EVICTED BLACK WOMEN |
103 Boston University Law Review 269 (February, 2023) |
The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of... |
2023 |
Lakia Faison , Laura Smalarz , Stephanie Madon , Kimberley A. Clow |
THE STIGMA OF WRONGFUL CONVICTION DIFFERS FOR WHITE AND BLACK EXONEREES |
47 Law and Human Behavior 137 (February, 2023) |
Objective: Black people are disproportionately targeted and disadvantaged in the criminal legal system. We tested whether Black exonerees are similarly disadvantaged by the stigma of wrongful conviction. Hypotheses: In Experiment 1, we predicted that the stigma of wrongful conviction would be greater for Black than White exonerees. After finding... |
2023 |
Lisa Avalos |
THE UNDER-POLICING OF CRIMES AGAINST BLACK WOMEN |
73 Case Western Reserve Law Review 795 (Spring, 2023) |
It is well known that over-policing has a severe adverse impact on communities of color. What is less well known is that over-policing is accompanied by a corollary--a pervasive and systemic under-policing of violence against women of color. The refusal to see women of color as victims of crime who are worthy recipients of justice, and the tendency... |
2023 |
Tiffany D. Atkins |
THESE BRUTAL INDIGNITIES: THE CASE FOR CRIMES AGAINST HUMANITY IN BLACK AMERICA |
111 Kentucky Law Journal 61 (2022-2023) |
L1-2Table of Contents . R361. L1-2Abstract . R362. L1-2Introduction . R363. I. The Historical Evidence. 66 A. Origins of Genocide. 68 B. Claims of Genocide. 69 i. Killing of Members of the Group. 69 ii. Causing Serious Mental Harm to Members Through Psychological Terror. 73 iii. Economic Genocide. 75 iv. Conspiracy to Commit Genocide Through... |
2023 |
Carol Klier |
UNDERSTANDING DISCURSIVE FRAMINGS OF REPARATIONS FOR SLAVERY AND JIM CROW |
60 San Diego Law Review 481 (August-September, 2023) |
C1-2Table of Contents I. Framing Reparations. 482 II. Initial Questions. 483 III. Why are Reparations Owed? Drawing a Line from Past to Present. 484 IV. What is Owed?. 487 V. Conclusion. 495 |
2023 |