| Author | Title | Citation | Summary | Year | Key Terms |
| Dalia Castillo-Granados , Rachel Leya Davidson , Laila L. Hlass , Rebecca Scholtz |
THE RACIAL JUSTICE IMPERATIVE TO REIMAGINE IMMIGRANT CHILDREN'S RIGHTS: SPECIAL IMMIGRANT JUVENILES AS A CASE STUDY |
71 American University Law Review 1779 (June, 2022) |
The immigration legal system has codified and perpetuated racial violence in many ways, yet the experiences of young people of color in this system have yet to be deeply examined. This Article surfaces the distinct and varied racialized harms that children experience in the immigration system through the example of Special Immigrant Juveniles.... |
2022 |
|
| Aurora J. Grutman |
THE RACIAL WEALTH GAP IS A RACIAL HEALTH GAP |
110 Kentucky Law Journal 723 (2021-2022) |
Table of Contents. 723 Introduction. 724 I. Race-Based Income and Wealth Inequalities. 725 II. Race-Based Health Inequalities. 729 III. The Interrelationship of Health and Wealth. 735 Conclusion. 737 |
2022 |
|
| Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson, Shiriki Kumanyika |
THE RACIALIZED MARKETING OF UNHEALTHY FOODS AND BEVERAGES: PERSPECTIVES AND POTENTIAL REMEDIES |
50 Journal of Law, Medicine & Ethics 52 (Spring, 2022) |
Keywords: Race and Ethnicity, Food and Beverage Marketing, Targeted Marketing, Health Equity, Structural Racism Abstract: We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard... |
2022 |
yes |
| André Douglas Pond Cummings, Steven A. Ramirez |
THE RACIST ROOTS OF THE WAR ON DRUGS & THE MYTH OF EQUAL PROTECTION FOR PEOPLE OF COLOR |
44 University of Arkansas at Little Rock Law Review 453 (Spring, 2022) |
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed... |
2022 |
|
| John Whitlow |
THE REAL ESTATE STATE AND GROUP-DIFFERENTIATED VULNERABILITY TO PREMATURE DEATH: EXPLORING THE POLITICAL-ECONOMIC ROOTS OF COVID-19'S RACIALLY DISPARATE DEADLINESS IN NEW YORK CITY IN THE SPRING OF 2020 |
35 Journal of Civil Rights & Economic Development 245 (Spring, 2022) |
Tell me how you die and I will tell you who you are. [I]n our time all politics is about real estate; and this from the loftiest statecraft to the most petty maneuvering around local advantage. In May 2020, after several bleak months in which Covid-19 took the lives of thousands of New York City's most vulnerable residents, a vigil was held in... |
2022 |
|
| Morgan Stutts, Joseph R. Cohen, Department of Psychology, University of Illinois at Urbana-Champaign |
THE ROLE OF HOPELESSNESS AND PROCEDURAL JUSTICE ON DEPRESSOGENIC OUTCOMES IN SERIOUS ADOLESCENT OFFENDERS |
46 Law and Human Behavior 415 (December, 2022) |
Objective: Despite increasing depression and suicide rates in justice-system-involved youth, little is known about depressogenic risk factors in this population. Therefore, we explored how levels of and changes in hopelessness and perceptions of procedural justice predicted depressive and suicidal outcomes in justice-system-involved youth.... |
2022 |
|
| Shanda K. Sibley |
THE UNCHOSEN: PROCEDURAL FAIRNESS IN CRIMINAL SPECIALTY COURT SELECTION |
43 Cardozo Law Review 2261 (August, 2022) |
Specialized criminal courts were created in an effort to offer nonpunitive responses to the commission of crime. The promise of these courts was that they would remove select populations from the traditional legal system and offer them something different, and perhaps better, than mere punishment and incapacitation. However, the current selection... |
2022 |
|
| William J. Aceves |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 115 |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
2022 |
|
| Medha D. Makhlouf |
TOWARDS RACIAL JUSTICE: THE ROLE OF MEDICAL-LEGAL PARTNERSHIPS |
50 Journal of Law, Medicine & Ethics 117 (Spring, 2022) |
Keywords: Medical-Legal Partnership, Health Equity, Structural Determinants of Health, Racism, Poverty Abstract: Medical-legal partnerships (MLPs) integrate knowledge and practices from law and health care in pursuit of health equity. However, the MLP movement has not reached its full potential to address racial health inequities, in part because... |
2022 |
|
| Alina Ball |
TRANSACTIONAL COMMUNITY LAWYERING |
94 Temple Law Review 397 (Spring, 2022) |
The racial reckoning during the summer of 2020 presented a renewed call to action for movement lawyers committed to collaborating with mobilized clients to advance racial equity and economic justice. During the last thirty years, community lawyering scholarship has made significant interventions into poverty lawyering and provides the theoretical... |
2022 |
|
| Kevin Johnson , Raquel Aldana , José Padilla, Amagda Pérez, Thomas Saenz , Opening Remarks, Moderator, Panelists |
TRANSCRIPT: THE CIVIL RIGHTS LEGACY OF JUSTICE CRUZ REYNOSO |
26 U.C. Davis Social Justice Law Review 132 (Winter, 2022) |
The family of Justice Cruz Reynoso released the following announcement upon his death in May 2021: On May 7, 2021, former California Supreme Court Associate Justice, law professor, and civil rights activist Cruz Reynoso passed away at age 90, surrounded by his family. Reynoso was born on May 2, 1931, in Brea, California, to Francisca Ramirez... |
2022 |
|
| Ann E. Tweedy |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
55 U.C. Davis Law Review 2625 (June, 2022) |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
2022 |
|
| Yael Cannon |
UNMET LEGAL NEEDS AS HEALTH INJUSTICE |
56 University of Richmond Law Review 801 (Symposium 2022) |
In 2021, Attorney General Merrick Garland issued a call to action to the legal community. The Supreme Court had recently invalidated the nationwide eviction moratorium that was issued by the U.S. Centers for Disease Control and Prevention (CDC) in connection with the COVID-19 pandemic, and concerns were mounting about an impending tsunami of... |
2022 |
|
| Bertrall L. Ross II , Douglas M. Spencer |
VOTER DATA, DEMOCRATIC INEQUALITY, AND THE RISK OF POLITICAL VIOLENCE |
107 Cornell Law Review 1011 (May, 2022) |
Campaigns' increasing reliance on data-driven canvassing has coincided with a disquieting trend in American politics: a stark gap in voter turnout between the rich and poor. Turn-out among the poor has remained low in modern elections despite legal changes that have dramatically decreased the cost of voting. In this Article, we present evidence... |
2022 |
|
| Jelani Jefferson Exum , David Niven |
WHERE BLACK LIVES MATTER LESS: UNDERSTANDING THE IMPACT OF BLACK VICTIMS ON SENTENCING OUTCOMES IN TEXAS CAPITAL MURDER CASES FROM 1973 TO 2018 |
66 Saint Louis University Law Journal 677 (Summer, 2022) |
The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd's resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police... |
2022 |
|
| Brielle Autumn Brown |
WHERE'S MY BALLOT?: WHY CONGRESS SHOULD AMEND HOUSE BILL H.R.1 TO INCLUDE A NATIONAL MANDATE OF DROP BOXES FOR FEDERAL ELECTIONS TO HELP PROTECT THE BLACK VOTE |
14 Drexel Law Review 405 (2022) |
Casting a ballot should be easy, but voter suppression continues to be an obstacle for many Black voters. The failure during Reconstruction to address Black suffrage, together with the proliferation of Jim Crow laws, enabled states to abridge the right to vote based on race. The Fifteenth Amendment was intended to eliminate racial restrictions at... |
2022 |
|
| Osamudia James |
WHITE INJURY AND INNOCENCE: ON THE LEGAL FUTURE OF ANTIRACISM EDUCATION |
108 Virginia Law Review 1689 (December, 2022) |
In the wake of the racial reckoning of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in... |
2022 |
|
| Marissa Jackson Sow |
WHITENESS AS CONTRACT |
78 Washington and Lee Law Review 1803 (2022) |
2020 forced scholars, policymakers, and activists alike to grapple with the impact of twin pandemics--the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities--on American society. As atrocious acts of anti-Black violence and harassment... |
2022 |
|
| Caroline Lewis Bruckner , Jonathan Barry Forman |
WOMEN, RETIREMENT, AND THE GROWING GIG ECONOMY WORKFORCE |
38 Georgia State University Law Review 259 (Winter, 2022) |
Gig work--the selling or renting of labor, effort, skills, and time outside of traditional employment--is a long-standing feature of the U.S. economy. Today, millions of online gig workers sell goods and services, or rent rooms, houses, vehicles, and other assets using apponline and app-based platforms (for example, Uber, Lyft, Rover, DoorDash,... |
2022 |
|
| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
|
| Sarah Fishel |
"BE A LIE IF I TOLD YOU THAT I NEVER THOUGHT OF DEATH": USING JUDICIAL DISCRETION TO CONSIDER ANTICIPATED EARLY DEATH DURING SENTENCING |
13 Drexel Law Review 707 (2021) |
Prevalent in street culture for generations, the idea that youth who are subject to daily violence internalize that chaos into an expectation of dying young is fairly new to social-legal settings. Anticipated early death has been advanced as a theory in recent years by researchers who argue that youth exposed to this violence and chaos early in... |
2021 |
|
| Michael Heise, Jason P. Nance |
"DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS |
111 Journal of Criminal Law and Criminology 717 (Summer, 2021) |
Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... |
2021 |
|
| Nancy Chi Cantalupo |
"I THINK YOU DIDN'T GET IT BECAUSE THEY MISIDENTIFIED YOU AS LATINA": A COMMENTARY ON MULTIRACIALS AND CIVIL RIGHTS: MIXED-RACE STORIES OF DISCRIMINATION |
34 Journal of Civil Rights & Economic Development 39 (Spring, 2021) |
Liz was interviewing for a tenure-track, entry-level law faculty position at Law School X, ranked (in that year) around 100. She had heard a rumor that the law school was determined to hire a person who would add to the diversity of the faculty, which was both White- and male-dominated. Liz's job talk, a presentation on a current article that... |
2021 |
Yes |
| Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell Law Review 171 (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
|
| Angela Onwuachi-Willig, Anthony V. Alfieri |
(RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 |
130 Yale Law Journal 2052 (June, 2021) |
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... |
2021 |
|
| Carrie L. Rosenbaum |
(UN)EQUAL IMMIGRATION PROTECTION |
50 Southwestern Law Review 231 (2021) |
L1-3Table of Contents I. Introduction. 231 II. Equal Protection Intent Doctrine. 236 III. Immigration UnEqual Protection. 243 A. Equal Protection Challenges to Alienage Laws. 245 B. Equal Protection Challenges to Racially Discriminatory Immigration Laws. 246 IV. DHS v. Regents - Intentional Blindness Redoubled. 253 V. Conclusion. 260 |
2021 |
|
| Christopher Burton |
3/5THS TO 1/10TH, HOW TO MAKE BLACK AMERICA WHOLE: EXPLORING CONGRESSIONAL ACT H.R.40--COMMISSION TO STUDY AND DEVELOP REPARATION PROPOSALS FOR AFRICAN-AMERICANS ACT |
54 UIC John Marshall Law Review 530 (Summer, 2021) |
I. Introduction. 530 II. Background. 535 A. What Is H.R. 40?. 535 B. Historic Economic Disparities Among Black and White Americans. 537 1. The New Deal and Jim Crow. 538 2. The Racist Execution of the G.I. Bill. 541 C. History of Past Proposed Reparation Acts in the United States.. 544 1. Reparations to Japanese Americans Interned During World War... |
2021 |
|
| Liel Levy, Natalie Fragkouli, Founders, Nanato Media |
5 TIPS FOR CONNECTING TO THE HISPANIC COMMUNITY |
40 Legal Management 9 (October, 2021) |
The 2020 Census confirmed what many expected: The Hispanic population in the United States is booming, increasing 23% since the 2010 Census. In fact, as of 2020, people identifying as Hispanic or Latino accounted for a whopping 19% of the population. Given the rapid growth, how much of a minority will they be in the next decade? Businesses are... |
2021 |
Yes |
| Desirée D. Mitchell |
A CLASS OF ONE: MULTIRACIAL INDIVIDUALS UNDER EQUAL PROTECTION |
88 University of Chicago Law Review 237 (January, 2021) |
When it comes to recognizing multiracial individuals under the Equal Protection Clause, courts have fallen short. Only rarely do courts explicitly identify multiracial plaintiffs as just that--multiracial. Instead, the majority of courts revert to a one-drop rule in which they view plaintiffs as only one part of their self-identified racial... |
2021 |
|
| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
|
| Aglae Eufracio |
A HUMAN RIGHTS CRISIS UNDER OUR ROOF |
23 Scholar: St. Mary's Law Review on Race and Social Justice 201 (2021) |
Introduction. 201 I. Nicaragua: Daniel Ortega Seized a Country. 205 II. Guinea: A Young Country Without Peace. 212 III. United States of America: A Country That Can't Breathe. 220 Conclusion. 232 |
2021 |
|
| Taleed El-Sabawi , Jennifer J. Carrolla |
A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE |
94 Temple Law Review 1 (Fall, 2021) |
Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... |
2021 |
|
| Caroline M. Gelinne |
A TRIP DOWN LEGISLATIVE MEMORY LANE: HOW THE FMLA CHARTS A PATH FOR POST-COVID-19 PAID LEAVE REFORM |
62 Boston College Law Review 2515 (October, 2021) |
Before the COVID-19 pandemic, the United States was the only highly-developed nation in the world not to guarantee paid family and medical leave (PFML) for its citizens. In 2020, during the early days of the pandemic, Congress passed temporary PFML to alleviate the hardship on families forced to choose between health and a paycheck. That... |
2021 |
|
| Lisa Kelly |
ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE |
17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) |
The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... |
2021 |
|
| Rory Svoboda |
ADDRESSING RACIAL DISPARITIES IN TREATMENT FOR OPIOID USE DISORDER ON CHICAGO'S WEST SIDE |
30 Annals of Health Law Advance Directive 279 (Spring, 2021) |
The opioid epidemic began in the 1990s and has since persisted with ferocity, wreaking havoc across the nation. Opioids are a class of drugs used to treat pain and can come in the form of prescription opioids, fentanyl, or heroin. Millions of Americans have felt the devastating effects of addiction to these drugs with white people, specifically... |
2021 |
|
| Nicolás Quaid Galván |
ADOPTING THE CUMULATIVE HARM FRAMEWORK TO ADDRESS SECOND-GENERATION DISCRIMINATION |
11 Columbia Journal of Race and Law 147 (January, 2021) |
Analytical frameworks of constitutional review vary. One framework is the cumulative harm framework. This method examines the entirety of harm experienced by an individual to determine whether the harms rise to the level of a constitutional violation. For example, in the context of one's right to a fair trial, a reviewing court will aggregate the... |
2021 |
|
| Jim Hawkins , Tiffany C. Penner |
ADVERTISING INJUSTICES: MARKETING RACE AND CREDIT IN AMERICA |
70 Emory Law Journal 1619 (2021) |
Access to affordable credit played a central role in the Civil Rights Movement. But today, racial and ethnic minorities oversubscribe to high-cost lending products like payday loans and underuse more affordable credit options that traditional banks offer. These trends remain even when controlling for demographic variables like income, credit score,... |
2021 |
|
| Loren M. Lee |
AFFIRMATIVE INACTION: A QUANTITATIVE ANALYSIS OF PROGRESS TOWARD "CRITICAL MASS" IN U.S. LEGAL EDUCATION |
119 Michigan Law Review 987 (March, 2021) |
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for... |
2021 |
|
| Richard Delgado , Jean Stefancic |
AGAINST EQUALITY: A CRITICAL ESSAY FOR THE NAACP AND OTHERS |
48 Hastings Constitutional Law Quarterly 235 (Winter, 2021) |
C1-2Table of Contents Introduction. 236 I. Structural Hurdles. 240 A. Forms of Treatment Unique to One Group. 240 B. Neglecting the Frame or Field. 242 1. Tucson School Controversy. 242 2. Brown v. Board of Education. 244 3. Immigration and Deportation. 245 II. Conceptual Limits on Enforcing Decrees. 245 A. Disbelief. 245 B. Colorblindness. 247 C.... |
2021 |
|
| Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
|
| Henry F. Fradella , Weston J. Morrow , Michael D. White |
AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES |
21 Nevada Law Journal 1151 (Spring, 2021) |
C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... |
2021 |
|
| Stephen Rushin, Griffin Edwards |
AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING |
73 Stanford Law Review 637 (March, 2021) |
This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... |
2021 |
|
| Donna Saadati-Soto |
AN INNOVATIVE ALTERNATIVE OR AN INSTITUTIONAL FAILURE OF FAMILY COURTS?: A CRITICAL PERSPECTIVE ON THE EXPERIENCE OF LATINX FAMILIES IN AN ANGLO-CENTRIC MEDIATION PROCESS |
31 Berkeley La Raza Law Journal 25 (2021) |
Introduction. 25 I. Despite its intentions, the traditional Anglo-European model of Alternative Dispute Resolution fails minority participants.. 28 II. Cultural Latinx norms are different and distinct from White norms, and the current U.S. mediation model does not respond to Latinx needs and expectations.. 30 A. Latinos and Latinas have vastly... |
2021 |
Yes |
| Leona D. Jochnowitz , Tonya Kendall |
ANALYZING WRONGFUL CONVICTIONS BEYOND THE TRADITIONAL CANONICAL LIST OF ERRORS, FOR ENDURING STRUCTURAL AND SOCIOLOGICAL ATTRIBUTES, (JUVENILES, RACISM, ADVERSARY SYSTEM, POLICING POLICIES) |
37 Touro Law Review 579 (2021) |
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness... |
2021 |
|
| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
|
| Lindsay M. Harris , Hillary Mellinger |
ASYLUM ATTORNEY BURNOUT AND SECONDARY TRAUMA |
56 Wake Forest Law Review 733 (2021) |
We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (Survey). Using well-established tools, such as the Copenhagen Burnout Inventory and... |
2021 |
|
| Nathalie Martin |
BAD APPLES OR A ROTTEN TREE: AMELIORATING THE DOUBLE PANDEMIC OF COVID-19 AND RACIAL ECONOMIC INEQUALITY |
82 Montana Law Review 105 (Winter, 2021) |
Black Lives Matter signs pepper our rural, middle class neighborhood. Like many of the neighborhoods in my town, there are few Black Americans living nearby. The signs are a symbol of the desire to do something, finally, about systemic racism. There are other subtle shifts occurring as well. More books on racism top bestsellers lists and more ads... |
2021 |
|
| Cynthia Alkon |
BARGAINING WITHOUT BIAS |
73 Rutgers University Law Review 1337 (Summer, 2021) |
C1-2Table of Contents Introduction. 1338 I. Plea Bargaining is Largely Unsupervised. 1340 A. The Process of Plea Bargaining. 1342 B. Limits on Prosecutorial Power in Plea Bargaining. 1343 II. Racial Disparities are Exacerbated in Plea Bargaining. 1344 III. The Importance, and Possible Bias, of the First Offer. 1347 IV. Possible Fixes: Structural... |
2021 |
|
| Elizabeth Kukura |
BETTER BIRTH |
93 Temple Law Review 243 (Winter, 2021) |
Although the recent focus on maternal mortality has highlighted the problem of poor health outcomes for childbearing women and their babies, especially in communities of color, adverse outcomes are only one of many indications that mainstream maternity care often fails pregnant people and their families. Other signs that maternity care reform is... |
2021 |
|
| Anne D. Gordon |
BETTER THAN OUR BIASES: USING PSYCHOLOGICAL RESEARCH TO INFORM OUR APPROACH TO INCLUSIVE, EFFECTIVE FEEDBACK |
27 Clinical Law Review 195 (Spring, 2021) |
As teaching faculty, we are obligated to create an inclusive learning environment for all students. When we fail to be thoughtful about our own bias, our teaching suffers - and students from under-represented backgrounds are left behind. This paper draws on legal, pedagogical, and psychological research to create a practical guide for clinical... |
2021 |
|