| Author | Title | Citation | Summary | Year |
| Aya Gruber |
#Metoo and Mass Incarceration |
17 Ohio State Journal of Criminal Law 275 (Spring, 2020) |
When I was a law student and an aspiring criminal lawyer, I always felt mired in a feminist defense attorney dilemma. On the one hand, I was intimately familiar with the harms of sexual assault and firmly believed that gender crimes reflected and reinforced women's second-class status. On the other, I was involved in public defense and...; Search Snippet: ...Law Spring, 2020 Symposium Guest Editor: Aya Gruber #METOO AND MASS INCARCERATION Aya Gruber [FNa1] Copyright © 2020 by the Ohio State Journal... |
2020 |
| Professor Cecil J. Hunt, II |
Feeding the Machine: the Commodification of Black Bodies from Slavery to Mass Incarceration |
49 University of Baltimore Law Review 313 (Summer, 2020) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 314 II. SLAVERY: THE FIRST ERA OF BLACK COMMODIFICATION. 318 A. Traditional Defense of Slavery. 320 B. Slavery as a Profit Machine. 321 C. New Scholarship. 322 D. Dred Scott. 324 III. BLACK CODES AND CONVICT LEASING. 325 A. Thirteenth Amendment. 325 B. Black Codes. 325 C. Convict Leasing. 327 D. Punishment....; Search Snippet: ...THE MACHINE: THE COMMODIFICATION OF BLACK BODIES FROM SLAVERY TO MASS INCARCERATION Professor Cecil J. Hunt, II [FNa1] Copyright © 2020 by the... |
2020 |
| Molly Connor |
From First Steps to Second Chances: Addressing Mass Incarceration in State Prisons |
95 Notre Dame Law Review 1699 (March, 2020) |
It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones .. --Nelson Mandela The United States contains only 5% of the world's population, but incarcerates over 20% of the world's prisoners. For the 2.3 million people currently behind...; Search Snippet: ...March, 2020 Note FROM FIRST STEPS TO SECOND CHANCES: ADDRESSING MASS INCARCERATION IN STATE PRISONS Molly Connor [FNa1] Copyright © 2020 by the... |
2020 |
| Johonna Turner |
Keynote Speaker: Truth and Reconciliation in Historical Harm (Slavery, Mass Incarceration, Confederate Monuments, Gender) |
23 Richmond Public Interest Law Review 19 (March, 2020) |
Ken Anderson: Good morning, everyone. Good morning, everyone. Oh, there we go . good morning, everyone. If we could all just return to our seats for, uh, the next, uh, speaker. Um, before I introduce our keynote speaker, I was told by facilities that those of you who are sitting in the balcony, I promise, relief is coming, um, with the air...; Search Snippet: ...Transcript KEYNOTE SPEAKER: TRUTH AND RECONCILIATION IN HISTORICAL HARM (SLAVERY, MASS INCARCERATION, CONFEDERATE MONUMENTS, GENDER) Johonna Turner Copyright © 2019 by the Richmond... |
2020 |
| David Rangaviz |
Locked In: the True Causes of Mass Incarceration and How to Achieve Real Reform by John Pfaff (Hachette Book Group 2017), 304 Pages, Prisoners of Politics: Breaking the Cycle of Mass Incarceration by Rachel Barkow (Harvard University Press/belknap 2019), 320 Pages |
101 Massachusetts Law Review 54 (June, 2020) |
Last June, in United States v. Davis, the Supreme Court struck down the residual clause of 18 U.S.C. § 924(c)--a statute that threatens long prison sentences for anyone who uses a firearm in connection with certain other federal crimes--as unconstitutionally vague. Justice Neil Gorsuch wrote the opinion for the court, joined by its four more...; Search Snippet: ...June, 2020 Book Review LOCKED IN: THE TRUE CAUSES OF MASS INCARCERATION AND HOW TO ACHIEVE REAL REFORM BY JOHN PFAFF (HACHETTE... |
2020 |
| Naomi Murakawa |
Mass Incarceration Is Dead, Long Live the Carceral State! |
55 Tulsa Law Review 251 (Winter, 2020) |
James Forman, Jr., Locking Up Our Own: Crime and Punishment in Black America (Farrar, Straus and Giroux 2017). Pp. 320. Hardcover $27.00. PaperbackK $16.00. Issa Kohler-Hausmann, Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing (Princeton University Press 2018). Pp. 328. Hardcover $29.95. Paperback $22.95....; Search Snippet: ...TULSA LAW REVIEW Tulsa Law Review Winter, 2020 Book Review MASS INCARCERATION IS DEAD, LONG LIVE THE CARCERAL STATE! Naomi Murakawa [FNa1... |
2020 |
| Sharon Dolovich |
Mass Incarceration, Meet Covid-19 |
11/16/2020 University of Chicago Law Review Online 4 (November 16, 2020) |
From the earliest days of the pandemic, it was clear that the novel coronavirus posed an outsized danger to the more than two million people locked inside America's prisons and jails. Responding to the risk, many public officials nationwide took modest steps to reduce the incarcerated populations in their jurisdictions. But these efforts, though...; Search Snippet: ...ONLINE University of Chicago Law Review Online November 16, 2020 MASS INCARCERATION, MEET COVID-19 Sharon Dolovich [FN1] Copyright © 2020 by University... |
2020 |
| Jules Lobel |
Mass Solitary and Mass Incarceration: Explaining the Dramatic Rise in Prolonged Solitary in America's Prisons |
115 Northwestern University Law Review 159 (2020) |
Abstract--In the last two decades of the twentieth century, prisons throughout the United States witnessed a dramatic rise in the use of solitary confinement, and the practice continues to be widespread. From the latter part of the nineteenth century until the 1970s and '80s, prolonged solitary confinement in the United States had fallen into...; Search Snippet: ...REVIEW Northwestern University Law Review 2020 Essay MASS SOLITARY AND MASS INCARCERATION: EXPLAINING THE DRAMATIC RISE IN PROLONGED SOLITARY IN AMERICA'S PRISONS... |
2020 |
| S. Thomas Perry |
Slavery, Jim Crow, and Mass Incarceration: Could the Thirteenth Amendment Hold the Key to Racial Equity in Criminal Justice? |
88 George Washington Law Review Arguendo 225 (December, 2020) |
The United States incarcerates people at a higher rate than any other country on Earth. Within the U.S., Black people--particularly at the state level--are incarcerated at disproportionately high rates relative to the total population, the rate at which white people are incarcerated, and crime rates overall. Consequently, Black Americans also...; Search Snippet: ...Law Review Arguendo December, 2020 Note SLAVERY, JIM CROW, AND MASS INCARCERATION: COULD THE THIRTEENTH AMENDMENT HOLD THE KEY TO RACIAL EQUITY IN CRIMINAL JUSTICE? S. Thomas Perry [FNa1] Copyright © 2020... |
2020 |
| Katherine Beckett , Megan Ming Francis |
The Origins of Mass Incarceration: the Racial Politics of Crime and Punishment in the Post-civil Rights Era |
16 Annual Review of Law and Social Science 433 (2020) |
mass incarceration, carceral state, racial politics, punishment This article examines the origins of US mass incarceration. Although it is clear that changes in policy and practice are the proximate drivers of the prison boom, researchers continue to explore--and disagree about--why crime control policy and practice changed in ways that fueled the...; Search Snippet: ...Review of Law and Social Science 2020 THE ORIGINS OF MASS INCARCERATION: THE RACIAL POLITICS OF CRIME AND PUNISHMENT IN THE POST-CIVIL RIGHTS... |
2020 |
| Alice Ristroph |
An Intellectual History of Mass Incarceration |
60 Boston College Law Review 1949 (October, 2019) |
Introduction. 1950 I. The Nightmare. 1956 A. Conduct Defined as Criminal. 1959 B. Enforcement Choices. 1965 1. From Private to Public Enforcement. 1966 2. Expansions of Capacity. 1967 3. The Elusive Jury and the Endurance of Guilty Pleas. 1969 4. Inequality Past and Present. 1970 II. The Dream. 1972 A. Out of the Backwater. 1973 B. Between Reality... |
2019 |
| Jacqueline Thomsen |
Booker Presses Barr on Impact of Mass Incarceration on Black Americans |
The Hill (January 15, 2019) |
Sen. Cory Booker (D-N.J.) pushed President Trump's attorney general nominee William Barr on the mass incarceration of black Americans during his confirmation hearing on Tuesday.; Search Snippet: ...Booker presses Barr on impact of mass incarceration on black Americans January 15, 2019 Sen. Cory Booker (D... |
2019 |
| James Forman Jr. |
Confronting Mass Incarceration: Lecture from the 2018-2019 Jorde Symposium |
107 California Law Review 1955 (December, 2019) |
Presented at the Brennan Center Jorde Symposium on November 1, 2018 (University of California, Berkeley) and March 14, 2019 (New York University) Introduction. 1955 I. Locking Up Our Own. 1958 II. Where Do We Go From Here?. 1961 Conclusion. 1964 Thank you. It's a real honor to be at any event that is sponsored by the Brennan Center. I read your...; Search Snippet: ...LAW REVIEW California Law Review December, 2019 Jorde Symposium CONFRONTING MASS INCARCERATION: LECTURE FROM THE 2018-2019 JORDE SYMPOSIUM James Forman Jr... |
2019 |
| Andrew D. Leipold |
Is Mass Incarceration Inevitable? |
56 American Criminal Law Review 1579 (Fall, 2019) |
The claim that American justice system engages in mass incarceration is now a cliché, albeit one that seems entirely justified by both the number and rate of people who are behind bars. As a result, a large number of states and the federal government have engaged in wide-ranging reform efforts to shorten sentences, divert people from prison, and... |
2019 |
| Korina Rud |
Karma and the United States Government: How Mass Incarceration Policies Created an Ailing and Costly Aging Population in the Prison System and How Can Civil Legal Services Assist the Elderly after Release |
26 Cardozo Journal of Equal Rights & Social Justice 107 (Fall, 2019) |
C1-2TABLE OF CONTENTS I. Introduction. 108 A. Purpose of Prison. 108 B. The Aging in Prisons and the Problems They Face. 108 C. Lack of Civil Legal Aid for Older Inmates. 111 II. Background of Mass Incarceration From the 1970's to Present. 112 A. The War on Drugs. 112 B. Intersection of Law Enforcement and Prosecutorial Discretion. 112 C....; Search Snippet: ...Fall, 2019 Note KARMA AND THE UNITED STATES GOVERNMENT: HOW MASS INCARCERATION POLICIES CREATED AN AILING AND COSTLY AGING POPULATION IN THE... |
2019 |
| Andrea Roth |
Mass Incarceration |
20 Berkeley Journal of African-American Law & Policy 73 (2019) |
Good afternoon, everybody. I think we're going to get started now. We are beginning the afternoon session with a panel on Challenging the New Jim Crow and Mass Incarceration. Professor Andrea Roth is going to be moderating the panel today. She is a professor here at Berkeley Law. She teaches criminal law, criminal procedure, evidence, and forensic...; Search Snippet: ...POLIC Berkeley Journal of African-American Law & Policy 2019 Article MASS INCARCERATION Andrea Roth Copyright © 2019 by Regents of the University of... |
2019 |
| Mugambi Jouet |
Mass Incarceration Paradigm Shift?: Convergence in an Age of Divergence |
109 Journal of Criminal Law and Criminology 703 (Fall, 2019) |
The peculiar harshness of modern American justice has led to a vigorous scholarly debate about the roots of mass incarceration and its divergence from humanitarian sentencing norms prevalent in other Western democracies. Even though the United States reached virtually world-record imprisonment levels between 1983 and 2010, the Supreme Court never... |
2019 |
| James Gray Pope |
Mass Incarceration, Convict Leasing, and the Thirteenth Amendment: a Revisionist Account |
94 New York University Law Review 1465 (December, 2019) |
Judging from present-day legal and popular discourse, one might think that the Punishment Clause of the Thirteenth Amendment has always had one single, clear meaning: that a criminal conviction strips the offender of protection against slavery or involuntary servitude. Upon examination, however, it appears that the Amendment's Republican framers... |
2019 |
| Tracie A. Todd |
Mass Incarceration: the Obstruction of Judges |
82 Law and Contemporary Problems 191 (2019) |
Mass incarceration is a big and well-recognized problem nationwide. There is widespread agreement that too many people are being incarcerated for too long. State and federal legislators have passed legislation aimed at reducing rates of incarceration. In 2018, Congress responded to this crisis through the passage of a criminal justice reform bill... |
2019 |
| Nathaniel W. Reisinger |
Redrawing the Line: Retroactive Sentence Reductions, Mass Incarceration, and the Battle Between Justice and Finality |
54 Harvard Civil Rights-Civil Liberties Law Review 299 (Winter, 2019) |
In Dorsey v. United States, the Supreme Court made clear that Congress possesses sole responsibility for drawing the line between justice and finality in sentencing. That is, when Congress passes a law reducing sentences, it must also choose whether to apply those reductions retroactively or to accept the sentence disparities between preand... |
2019 |