AuthorTitleCitationSummaryYearKey Terms
Mary Szto BARRING DIVERSITY? THE AMERICAN BAR EXAM AS INITIATION RITE AND ITS EUGENICS ORIGIN 21 Connecticut Public Interest Law Journal 38 (Spring, 2022) According to the 2020 census, the U.S. population is over 42% minorities, however, only 14% of the legal profession is. In 2020, the first-time bar taker pass rate was 88% for Whites, 80% for Asians, 78% for Native Americans, 76% for Hispanics, and 66% for Blacks. The COVID-19 pandemic has also thrown state bar exams into crisis. Some states... 2022 yes
Jamelia Morgan DISABILITY'S FOURTH AMENDMENT 122 Columbia Law Review 489 (March, 2022) Issues relating to disability are undertheorized in the Supreme Court's Fourth Amendment jurisprudence. Across the lower courts, although disability features prominently in excessive force cases, typically involving individuals with psychiatric disabilities, it features less prominently in other areas of Fourth Amendment doctrine. Similarly,... 2022 yes
Rachel F. Moran DIVERSITY'S DISTRACTIONS REVISITED: THE CASE OF LATINX IN HIGHER EDUCATION 73 South Carolina Law Review 579 (Spring, 2022) As the United States Supreme Court considers the future of affirmative action in higher education, this Article reflects on a 2003 essay by Professor Derrick Bell, which provocatively argued that diversity is a distraction from other pressing problems of access to a bachelor's degree. The Article evaluates his claims with a focus on Latinx... 2022 yes
Jennifer D. Oliva DOSING DISCRIMINATION: REGULATING PDMP RISK SCORES 110 California Law Review 47 (February, 2022) Prescription drug monitoring program (PDMP) predictive surveillance platforms were designed for--and funded by--law enforcement agencies. PDMPs use proprietary algorithms to determine a patient's risk for prescription drug misuse, diversion, and overdose. The proxies that PDMPs utilize to calculate patient risk scores likely produce artificially... 2022 yes
John Herlyn Antón Sánchez EL DERECHO INTERNACIONAL LATINOAMERICANO Y EL PUEBLO AFRODESCENDIENTE 116 AJIL Unbound 328 (2022) Luego de la Tercera Conferencia Mundial contra el Racismo, la Discriminación Racial, la Xenofobia y las Formas Relacionadas con la Intolerancia, realizada por las Naciones Unidas en Durban, Sudáfrica, en 2001, surgió un importante movimiento. Las comunidades de la diáspora africana en las Américas--o afrodescendientes, como prefieren... 2022 yes
Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa EVALUATING LEGAL NEEDS 36 Notre Dame Journal of Law, Ethics & Public Policy 175 (2022) This article is the first to explore legal needs in the Rio Grande Valley of Texas--a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often... 2022 yes
Jennifer A. Gundlach , Zeus Smith EXPANDING THE FEDERAL WORK PRODUCT DOCTRINE TO UNREPRESENTED LITIGANTS 30 Georgetown Journal on Poverty Law and Policy 49 (Fall, 2022) Clerks' offices in federal courthouses across the country designate individuals who do not have counsel as pro se, a term that comes from the Latin in propria persona meaning for oneself. The term is ambiguous as to the reasons why individuals appear without counsel. While some may purposefully choose not to hire a lawyer, for many it is not a... 2022 yes
Tayyab Mahmud FOREWORD: LATCRIT@25: MAPPING CRITICAL GEOGRAPHIES AND ALTERNATIVE POSSIBILITIES 20 Seattle Journal for Social Justice 915 (Summer, 2022) Don't you understand that the past is the present; that without what was, nothing is? Getting its history wrong is part of being a nation. Since its formation over 25 years ago, Latina and Latino Legal Theory (LatCrit) has developed outsider jurisprudence, launched a wide array of projects, and built a vital community engaged in critical knowledge... 2022 yes
Nicholas Warren GINGLES UNRAVELED: HISPANIC VOTING COHESION IN SOUTH FLORIDA 2 North Carolina Civil Rights Law Review 1 (Spring, 2022) The Voting Rights Act protects the ability of racial and language minority groups to elect candidates of choice by prohibiting states and localities from diluting those groups' votes when drawing electoral districts. e Fair Districts provisions of the Florida Constitution include a similar ban on vote dilution, plus further protections against... 2022 yes
Besiki Luka Kutateladze, Department of Criminology and Criminal Justice, Florida International University HATE CRIME VICTIMIZATION AND REPORTING WITHIN MIAMI'S QUEER LATINE IMMIGRANT POPULATION 46 Law and Human Behavior 429 (December, 2022) Objectives: This research examined hate crime victimization and crime reporting among Miami's lesbian, gay, bisexual, transgender, and queer (LGBTQ) Latine immigrant population. Hypotheses: Informed by the intersectionality perspective and the Cuban dominance thesis, I predicted that respondents would experience higher levels of victimization than... 2022 yes
Heather K. Way, Ruthie Goldstein HEIR PROPERTY OWNERS AND FEDERAL DISASTER AID PROGRAMS: OPPORTUNITIES FOR A MORE EQUITABLE RECOVERY WHEN DISASTER STRIKES 30 Journal of Affordable Housing & Community Development Law 467 (2022) When hurricanes and other natural disasters strike the United States, Black and Latinx communities face a range of systemic inequities, from greater exposure to flooding to heightened barriers to rebuilding. In this latter regard, thousands of Black and Latinx disaster survivors living on inherited property, also known as heir property, have... 2022 yes
Roxy W. Davis, Department of Psychology, University of California, Santa Cruz HOMELESSNESS AND PRETRIAL DETENTION PREDICT UNFAVORABLE OUTCOMES IN THE PLEA BARGAINING PROCESS 46 Law and Human Behavior 201 (June, 2022) Objectives: The present research examined homelessness, race/ethnicity, and pretrial detention in the plea bargaining process. Hypotheses: We predicted that homelessness, Hispanic ethnicity, and pretrial detention would be positively associated with unfavorable plea bargaining outcomes. Method: We coded defendant characteristics and plea bargaining... 2022 yes
Magdalene Mannebach I AM ONCE AGAIN ASKING FOR FEDERAL STUDENT LOAN DEBT REFORM: A DISCUSSION ON FEDERAL STUDENT LOAN DEBT AND ITS NEGATIVE EFFECTS ON THE RACE WEALTH GAP 90 UMKC Law Review 909 (Summer, 2022) Student loan debt--whether someone has it, has had it, or is likely to accrue it in the future, it is a financial burden familiar to millions. The office of Federal Student Aid reported that as of August 2021, more than 42.9 million Americans combined for an outstanding Federal Loan Portfolio of $1.56 trillion. Among the millions of borrowers with... 2022 yes
  INTERVIEW WITH DAVID IGLESIAS 25 Harvard Latin American Law Review 5 (Spring, 2022) David Iglesias has a legal career of over 35 years, which has been exceptionally diverse and global. He has been a U.S. Attorney, U.S. Navy JAG Officer, White House Fellow, college professor, political economy think tank director, state prosecutor, military war crimes/terrorism prosecutor and spokesman, rule of law instructor in Latin America,... 2022 yes
Luz E. Herrera , Pilar Margarita Hernández, Escontrías, Ph.D. LATINXS RESHAPING LAW & POLICY IN THE U.S. SOUTH 31 Southern California Review of Law & Social Justice 1 (Winter, 2022) This article addresses the key law and policy levers affecting Latinxs in what the U.S. Census Bureau designates as the South. Since the rise of the Latinx population from the 1980s onward, few legal scholars and researchers have participated in a sustained dialogue about how law and policy affects Latinxs living in the South. In response to this... 2022 yes
Caitlyn Haitaian , Gary Marchant LEGAL IMPLICATIONS OF THE HUMAN MICROBIOME 28 Boston University Journal of Science and Technology Law 39 (Winter, 2022) The human microbiome is rapidly emerging as a major factor in human disease and wellness, as the microbes in or on our bodies are central to our health, informing medical decisions relating to disease risk, prognosis, diagnosis, treatment, and preventative measures. With the rapid growth of microbial science and medicine, a number of novel legal... 2022 yes
Gus Ipsen NEW YORK'S SCHOOL SEGREGATION CRISIS: OPEN THE COURT DOORS NOW 87 Brooklyn Law Review 1045 (Spring, 2022) In the eyes of some, New York State is a progressive bastion. And yet--home to 2.6 million public school students --New York State has the most segregated school system of any state in the nation. This problem is not abating either. Statewide, since 2010, the rate of attendance in segregated schools for Black and Latino students has increased. In... 2022 yes
Sean Kolkey PEOPLE OVER PROFIT: THE CASE FOR ABOLISHING THE PRISON FINANCIAL SYSTEM 110 California Law Review 257 (February, 2022) The term mass incarceration is used to describe a crisis that, to many, is both abstract and distant. But for Black, Latinx, Indigenous, low-income, and other communities whose lives are disproportionately affected by the criminal legal system, the reality of carceral exploitation is as unavoidable as it is harmful. Incarceration has always had... 2022 yes
Maya Chaudhuri POLICING THE BODY POLITIC 69 UCLA Law Review 318 (March, 2022) This Comment focuses on the convergence of racialized policing and voter suppression of communities of color. While much attention has been given to the disenfranchisement of people upon felony conviction, there has been little attention paid to the policing and subsequent prosecution of people-- disproportionately Black and Latinx--for voting or... 2022 yes
Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata RACE, PLACE, AND CITIZENSHIP: THE INFLUENCE OF SEGREGATION ON LATINO EDUCATIONAL ATTAINMENT 40 Minnesota Journal of Law & Inequality 69 (Winter, 2022) As the population of the United States has diversified over the last fifty years, the nation's key sectors of housing, education, and labor have absorbed this diversity with varying degrees of receptivity. In 2019, Latinos continued their status as the nation's largest minority group, comprising nearly twenty percent of the population (18.5%),... 2022 yes
Jennifer Lee Barrow RECIDIVISM REFORMATION: ELIMINATING DRUG PREDICATES 135 Harvard Law Review Forum 418 (########) The Armed Career Criminal Act (ACCA) imposes a minimum fifteen-year sentence for violating 18 U.S.C. § 922(g) after three violent felony or serious drug offense convictions. The ACCA disproportionately impacts people of color and imposes significant costs on the federal judiciary and the criminal justice system overall. This Essay contributes... 2022 yes
Mary Hoopes REGULATING MARGINALIZED LABOR 73 Hastings Law Journal 1041 (May, 2022) Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly fragmented and seldom enforced. One agency, the Equal Employment Opportunity Commission (EEOC), has emerged as an important... 2022 yes
Silvia M. Radulescu SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN 29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... 2022 yes
Seamus J. Ronan STANDARDIZED (COVID) TESTING? VACCINE MANDATES AND TEACHERS' UNIONS COLLECTIVE BARGAINING AGREEMENTS IN URBAN SCHOOL DISTRICTS 49 Fordham Urban Law Journal 861 (May, 2022) Introduction. 862 I. The Landscape of Teachers' Union Contracts. 867 A. Federal and State Laws Regulating Teachers' Unions' Rights. 867 B. The Contract Itself: The Collective Bargaining Agreement. 869 C. The Scope of Collective Bargaining. 871 D. Managerial Prerogatives and Management Rights. 872 E. Bargaining for Safety and Health Policies. 874 F.... 2022 yes
Laura M. Padilla THE BLACK--WHITE PARADIGM'S CONTINUING ERASURE OF LATINAS: SEE WOMEN LAW DEANS OF COLOR 99 Denver Law Review 683 (Summer, 2022) The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other... 2022 yes
Maytal Gilboa THE COLOR OF PAIN: RACIAL BIAS IN PAIN AND SUFFERING DAMAGES 56 Georgia Law Review 651 (Spring, 2022) For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff's race when calculating compensatory tort damages, and... 2022 yes
Veronikah Warms THE COST OF INJUSTICE: HOW TEXAS'S "BAIL REFORM" KEEPS LOW-INCOME PEOPLE & PEOPLE OF COLOR BEHIND BARS 27 Texas Journal on Civil Liberties & Civil Rights 273 (Spring, 2022) The term Latinx is used in this piece in keeping with academic convention. Latinx is widely used in academic contexts and is more inclusive of nonbinary people in the sense that it is gender neutral, yet it has not been widely accepted in the community. See Luisa Torregrosa, Many Latinos say Latinx offends or bothers them. Here's why., NBC... 2022 yes
Jeff Kukucka, Ashley M. Horodyski, Christina M. Dardis, Department of Psychology, Towson University THE EXONEREE HEALTH AND LIFE EXPERIENCES (EXHALE) STUDY: TRAUMA EXPOSURE AND MENTAL HEALTH AMONG WRONGLY CONVICTED INDIVIDUALS 28 Psychology, Public Policy, and Law 387 (August, 2022) The exoneree population is growing rapidly, and legislatures are increasingly contemplating whether and how to better support exonerees' reentry, yet our understanding of exonerees' mental health and other postrelease needs remains somewhat limited. The current study measured trauma exposure and mental health, including various protective and risk... 2022 yes
Brendan Williams THE EXPENDABLES: HISPANIC WORKERS IN THE U.S. DURING THE COVID-19 PANDEMIC 13 Alabama Civil Rights & Civil Liberties Law Review 119 (2021-2022) I. Essential Work. 121 II. Health Care Inequities. 127 III. White Privilege and Opposition to COVID-19 Safeguards. 136 IV. Conclusion. 141 2022 yes
Taleed El-Sabawi, Jennifer Oliva THE INFLUENCE OF WHITE EXCEPTIONALISM ON DRUG WAR DISCOURSE 94 Temple Law Review 649 (Summer, 2022) For much of its history, the United States has adopted a punitive approach to escalating overdose rates and addiction through the prohibition or stringent regulation of drugs deemed dangerous or habit forming. The policy tools used to support this approach rely on criminal punishment for the possession and sale of such substances and are based on... 2022 yes
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
John A.D. Marinelli "EDUCATION UNDER ARMED GUARD": AN ANALYSIS OF THE SCHOOL-TO-PRISON PIPELINE IN WASHINGTON, D.C. 59 American Criminal Law Review 1697 (Fall, 2022) Introduction. 1698 I. The School-to-Prison Pipeline. 1699 A. Origins. 1699 1. Suppressing Civil Rights Demonstrations. 1699 2. The Tough on Crime Mentality. 1700 3. Mass Shootings and School Security. 1701 B. Component Practices. 1702 1. School Policing. 1702 2. The Criminalization of Student Conduct. 1703 3. Exclusionary Discipline. 1705 C.... 2022  
Walter I. Gonçalves, Jr. "HOW MUCH TIME AM I LOOKING AT?": PLEA BARGAINS, HARSH PUNISHMENTS, AND LOW TRIAL RATES IN SOUTHWEST BORDER DISTRICTS 59 American Criminal Law Review 293 (Spring, 2022) Scholarship on the American trial penalty, vast and diverse, analyzes it in connection with plea bargaining's dominance, its growth starting in the last third of the nineteenth century, and present-day racial disparities at sentencing. The overcriminalization and quick processing of people of color in southwest border districts cannot be understood... 2022  
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022  
Thalia González , Alexis Etow , Cesar De La Vega A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING 71 American University Law Review 1927 (June, 2022) Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... 2022  
Anita Sinha A LINEAGE OF FAMILY SEPARATION 87 Brooklyn Law Review 445 (Winter, 2022) History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... 2022  
Matthew Barreto, Michael Cohen, Loren Collingwood, Chad W. Dunn, Sonni Waknin , UCLA Voting Rights Project A NOVEL METHOD FOR SHOWING RACIALLY POLARIZED VOTING: BAYESIAN IMPROVED SURNAME GEOCODING 46 New York University Review of Law and Social Change 1 (2022) Section 2 of the Voting Rights Act is one of the most important tools for litigants challenging discriminatory voting procedures. The Supreme Court outlined the test governing vote dilution claims--which are claims that an electoral system, process, or procedure weakens a minority group's ability to elect candidates of their choice--under Section 2... 2022  
Gabriella Argueta-Cevallos A PROSECUTOR WITH A SMOKING GUN: EXAMINING THE WEAPONIZATION OF RACE, PSYCHOPATHY, AND ASPD LABELS IN CAPITAL CASES 53 Columbia Human Rights Law Review 624 (Spring, 2022) Prosecutors play a central role both in weaponizing personality disorder labels in capital cases and in oppressing Black, Indigenous, and People of Color (BIPOC) within the criminal legal system. This is especially true for antisocial and psychopathic personality disorder labels. Because there are common mechanisms underlying both processes, it... 2022  
Sarah Hopkins A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK 55 UIC Law Review 485 (Fall, 2022) I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... 2022  
Kimberly Winter A TALE OF TWO SUBURBS: HOW ZONING CONTRIBUTED TO DEMOGRAPHIC PATTERNS IN GLASTONBURY AND EAST HARTFORD, CONNECTICUT 30 Journal of Affordable Housing & Community Development Law 437 (2022) I. Introduction. 437 II. History of East Hartford and Glastonbury. 439 III. Legal Overview. 442 IV. Historic Zoning Action Taken. 444 A. Glastonbury. 444 B. East Hartford. 446 V. Effects of the Zoning Differences. 449 A. Large Lot Zoning. 449 B. Multi-Family Housing. 453 VI. Conclusion. 458 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022  
Laura Lane-Steele ADJUDICATING IDENTITY 9 Texas A&M Law Review 267 (Winter, 2022) Legal actors examine identity claims with varying degrees of intensity. For instance, to be considered female for the U.S. Census, self-identification alone is sufficient, and no additional evidence is necessary. To change a sex marker on a birth certificate to female, however, self-identification is not enough; some states require people to... 2022  
Richard L. Revesz AIR POLLUTION AND ENVIRONMENTAL JUSTICE 49 Ecology Law Quarterly 187 (2022) Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... 2022  
Marissa A. Smith AMERICA, LAND OF THE FEE: A CONSTITUTIONAL ANALYSIS OF FEDERAL FILING FEES 107 Cornell Law Review 593 (January, 2022) L1-2Introduction . L3594 I. Background. 597 A. The History of Filings Fees. 597 B. IFP Status and Its Shortcomings. 601 1. Vague and Inconsistent Standards. 601 2. IFP Status and Prisoners. 602 C. Disparate Impact on Racial Minorities. 605 1. The Wealth and Equity Gap. 605 2. Civil Rights Claims. 607 II. The Due Process Arguments Against Filing... 2022  
Christopher L. Mathis AN ACCESS AND EQUITY RANKING OF PUBLIC LAW SCHOOLS 74 Rutgers University Law Review 677 (Winter, 2022) Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report's Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll in law school. These ranking systems have defined what is measured as quality and what outcomes law schools... 2022  
Barry Friedman ARE POLICE THE KEY TO PUBLIC SAFETY?: THE CASE OF THE UNHOUSED 59 American Criminal Law Review 1597 (Fall, 2022) We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off... 2022  
Vinay Harpalani ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS 102 Boston University Law Review 233 (February, 2022) Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... 2022  
Darryl K. Brown BATSON v. ARMSTRONG: PROSECUTORIAL BIAS AND THE MISSING EVIDENCE PROBLEM 100 Oregon Law Review 357 (2022) Introduction. 358 I. Where and When are Prosecutors Biased?. 365 A. Evidence Linking Racial Bias and Prosecutorial Discretion. 365 B. Bias in Charges, Dismissals, Plea Bargains and Sentencing. 369 C. Bias in Jury Selection. 374 D. Implications for Equal Protection Litigation. 375 II. Batson v. Armstrong Doctrine. 376 A. Procedural Structure of... 2022  
Maggie Hadley BEHIND THE BLUE WALL OF SILENCE: RACIAL DISPARITIES IN NYPD DISCIPLINE 53 Columbia Human Rights Law Review 663 (Spring, 2022) This Note presents the first contemporary empirical study of racial disparities in New York City Police Department (NYPD) discipline. Historically, the NYPD, like many departments across the country, applied its enormous disciplinary discretion in secrecy. That changed in June of 2020, when New York City publicly released thousands of civilian... 2022  
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