| Author | Title | Citation | Summary | Year | Key Terms in Title |
| Ryan Thoreson |
"DISCRIMINALIZATION": SEXUALITY, HUMAN RIGHTS, AND THE CARCERAL TURN IN ANTIDISCRIMINATION LAW |
110 California Law Review 431 (April, 2022) |
As lesbian, gay, bisexual, and transgender (LGBT) rights gain traction around the globe, many states have turned toward carceral punishment as a means of sanctioning discrimination based on sexual orientation and gender identity. The carceral turn has been scrutinized in racial justice and feminist literature, but few queer scholars have grappled... |
2022 |
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| 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 |
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| Ian Wilder, Esq. |
20 WAYS TO FIGHT HOUSING DISCRIMINATION |
38 Touro Law Review 655 (2022) |
When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that the arc of the moral universe is long, but it bends toward... |
2022 |
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| Doug Colbert, Colin Starger |
A BUTTERFLY IN COVID: STRUCTURAL RACISM AND BALTIMORE'S PRETRIAL LEGAL SYSTEM |
82 Maryland Law Review 1 (2022) |
Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore's pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful... |
2022 |
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| 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 |
|
| Brenner M. Fissell |
AGAINST CRIMINAL LAW LOCALISM |
81 Maryland Law Review 1119 (2022) |
Scholars have long called for greater localism in criminal justice as a response to the crises of racialized mass incarceration and over-policing. A downward shift of power to smaller local governments is thought to maximize an array of values, including liberty, equality, and efficient experimentation, and also to allow for criminal justice to... |
2022 |
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| Carolyn B. Ramsey |
AGAINST DOMESTIC VIOLENCE: PUBLIC AND PRIVATE PROSECUTION OF BATTERERS |
13 California Law Review Online 45 (December, 2022) |
Introduction. 45 I. A Brief, Unexpected History of Domestic Violence Prosecution. 48 A. Private Prosecution. 51 B. Public Prosecution. 54 II. Addressing Domestic Violence in the Twenty-first Century. 58 A. Mass Incarceration and Calls to End the Public Prosecution of Batterers. 59 B. Restorative Justice. 62 1. Pre-conviction Diversion to... |
2022 |
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| Kerri M. Gefeke |
AMERICA TO ME--A PUBLIC NUISANCE REPARATIONS FRAMEWORK THROUGH THE LENS OF THE TULSA MASSACRE |
55 UIC Law Review 681 (Winter 2022) |
I. Introduction. 682 II. Background. 686 A. What are Reparations?. 686 B. Types of Reparations Provided by the United States in the Past. 687 1. The Rhetoric of Race and Understanding United States History. 687 2. Reparations to the Sioux Nation. 688 3. Reparations to Japanese-Americans Internment Survivors. 689 4. Reparations for the Tuskegee... |
2022 |
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| Andrea A. Curcio, Alexis Martinez |
ARE DISCIPLINE CODE PROCEEDINGS ANOTHER EXAMPLE OF RACIAL DISPARITIES IN LEGAL EDUCATION? |
22 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2022) |
Addressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems... |
2022 |
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| Jeffrey Z. Raines |
BARRED FOR LIFE: HOW STATE FELONY DISENFRANCHISEMENT LAWS BAN ELDERLY EX-CONS FROM THE VOTING BOOTH |
30 Elder Law Journal 169 (2022) |
Our immense prison population is aging and as a result, ex-felons are being released from incarceration later and later in life. Older ex-felons have the lowest recidivism rates in the country, but despite having served their time, their reintegration into society is not an easy road to navigate. In many states, one's felony status can come with... |
2022 |
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| Tom Stanley-Becker |
BREAKING THE CYCLE OF HOMELESSNESS AND INCARCERATION: PRISONER REENTRY, RACIAL JUSTICE, AND FAIR CHANCE HOUSING POLICY |
7 University of Pennsylvania Journal of Law & Public Affairs 257 (May, 2022) |
This article is the first to systematically demonstrate that fair chance housing ordinances constitute an innovative policy response to the confluence of two critical problems--mass incarceration and homelessness, both of which disproportionately affect people of color. The ordinances restrict landlords from investigating the criminal history of... |
2022 |
Yes |
| Amy Fettig |
CAN COVID-19 TEACH US HOW TO END MASS INCARCERATION? |
76 University of Miami Law Review 419 (Winter, 2022) |
In this essay, the author argues that federal, state and local government response to the COVID-19 epidemic in prisons and jails was largely incompetent, inhumane, and contrary to sound public health policy, resulting in preventable death and suffering for both incarcerated people and corrections staff. However, the lessons learned from these... |
2022 |
Yes |
| Jonathan P. Feingold |
CIVIL RIGHTS CATCH-22S |
43 Cardozo Law Review 1855 (June, 2022) |
Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground... |
2022 |
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| Renagh O'Leary |
COMPASSIONATE RELEASE AND DECARCERATION IN THE STATES |
107 Iowa Law Review 621 (January, 2022) |
ABSTRACT: Though the U.S. prison population has declined slightly over the last decade, progress toward decarceration has been exceedingly modest. Creating or expanding mechanisms for early release from prison could help accelerate the pace of decarceration. Compassionate release--early release from prison based on a serious or terminal medical... |
2022 |
Yes |
| Matthew Clair , Amanda Woog |
COURTS AND THE ABOLITION MOVEMENT |
110 California Law Review 1 (February, 2022) |
This Article theorizes and reimagines the place of courts in the contemporary struggle for the abolition of racialized punitive systems of legal control and exploitation. In the spring and summer of 2020, the killings of George Floyd, Breonna Taylor, and many other Black and Indigenous people sparked continuous protests against racist police... |
2022 |
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| Benjamin Levin |
CRIMINAL LAW EXCEPTIONALISM |
108 Virginia Law Review 1381 (October, 2022) |
For over half a century, U.S. prison populations have ballooned, and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of anti-carceral commentary and social movement energy. Academics and activists have adopted a critical... |
2022 |
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| Walter I. Gonçalves, Jr. |
CRUSHING THE SOUL OF FEDERAL PUBLIC DEFENDERS: THE PLEA BARGAINING MACHINE'S OPERATION AND WHAT TO DO ABOUT IT |
49 Fordham Urban Law Journal 699 (May, 2022) |
Introduction. 701 I. Lay of the Land. 704 A. Explanations for the Decline of Jury Trials. 705 B. Plea Bargaining Machine's Impact on Federal Public Defenders and Their Clients. 706 i. Today's Practice Versus Practice During Gideon v. Wainright. 706 ii. Trial Rate's Decline and Public Defender Offices. 707 iii. Low Trial Rate's Impact on Assistant... |
2022 |
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| Rebecca Bratspies |
DECARCERATION WITH DECARBONIZATION: RENEWABLE RIKERS AND THE TRANSITION TO CLEAN POWER |
13 San Diego Journal of Climate & Energy Law 1 (2021-2022) |
C1-2Table of Contents I. Introduction. 2 II. The Scope of the Twin Problems. 5 A. The Climate Crisis. 5 B. The Mass Incarceration Crisis. 7 III. Responding to Climate Change: Decarbonization. 12 A. New York State Climate Leadership and Community Protection Act. 12 B. New York City Climate Mobilization Act. 17 IV. Renewable Rikers: Combining... |
2022 |
Yes |
| Seema Tahir Saifee |
DECARCERATION'S INSIDE PARTNERS |
91 Fordham Law Review 53 (October, 2022) |
This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important--and sometimes extraordinary--strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies... |
2022 |
Yes |
| Abbe Smith |
DEFENDING GIDEON |
26 U.C. Davis Social Justice Law Review 235 (Summer, 2022) |
C1-2Table of Contents Introduction. 236 I. Paul Butler's Critique of Gideon. 239 II. Individual Rights May Not Be Everything, but They Are Essential to Individual Dignity. 249 III. Rights Are for the Guilty as Well as the Innocent, an Understanding That Is Essential to Ending Mass Incarceration. 258 IV. Defenders Are Allies and Supporters of the... |
2022 |
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| Khiara M. Bridges |
DEPLOYING DEATH |
68 UCLA Law Review 1510 (February, 2022) |
This Article observes that if the U.S. Supreme Court overturns Roe v. Wade, people of color--specifically black people--disproportionately will be impacted by the abortion restrictions that will proliferate in the wake of the decision. In many cases, those forced to terminate unwanted pregnancies under unsafe conditions will be black; some of these... |
2022 |
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| Jamelia Morgan |
DISABILITY, POLICING, AND PUNISHMENT: AN INTERSECTIONAL APPROACH |
75 Oklahoma Law Review 169 (Autumn, 2022) |
Disabled people of color are uniquely vulnerable to policing and punishment. Proponents of police reform and, more recently, police abolition note that disabled people, particularly people with psychiatric disabilities, are vulnerable to citation and arrest. Indeed, data on the high percentages of people in prisons and jails who report having a... |
2022 |
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| 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 |
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| Alexis Karteron |
FAMILY SEPARATION CONDITIONS |
122 Columbia Law Review 649 (April, 2022) |
America's mass incarceration crisis does not end at the prison gates. While an estimated two million people are presently incarcerated, nearly twice that number of people are subject to probation, parole, and other forms of community supervision. This Article documents one particularly troubling aspect of this system of nonincarceration mass... |
2022 |
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| Aaron Littman |
FREE-WORLD LAW BEHIND BARS |
131 Yale Law Journal 1385 (March, 2022) |
What law governs American prisons and jails, and what does it matter? This Article offers new answers to both questions. To many scholars and advocates, prison law means the constitutional limits that the Eighth Amendment and Due Process Clauses impose on permissible punishment. Yet, as I show, free-world regulatory law also shapes... |
2022 |
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| Charisa Smith |
FROM EMPATHY GAP TO REPARATIONS: AN ANALYSIS OF CAREGIVING, CRIMINALIZATION, AND FAMILY EMPOWERMENT |
90 Fordham Law Review 2621 (May, 2022) |
America's legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples... |
2022 |
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| |
From the Legal Literature |
58 Criminal Law Bulletin 4 (2022) |
Associate Professor, Justice Studies at Montclair State University in New Jersey. Received J.D. from New York University School of Law, and Ph.D. from New York University's Institute for Law and Society. Dr. Laguardia has served as a Contributing Editor for the Criminal Law Bulletin since 2019, writing the From the Legal Literature feature for... |
2022 |
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| Marnie Lowe |
FRUIT OF THE RACIST TREE: A SUPER-EXCLUSIONARY RULE FOR RACIST POLICING UNDER CALIFORNIA'S RACIAL JUSTICE ACT |
131 Yale Law Journal 1035 (January, 2022) |
This Comment explores a novel legal remedy for demonstrated racial bias or animus in police investigations presented in the recently enacted California Racial Justice Act (RJA) of 2020. The Comment contends that the California RJA, in attempting to address racism throughout the state's criminal justice system, establishes a super-exclusionary... |
2022 |
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| Avlana K. Eisenberg |
GETTING TO "PRISONER AS NEIGHBOR" |
75 Oklahoma Law Review 69 (Autumn, 2022) |
C1-2Table of Contents Introduction. 69 I. Prisoner as Predator. 71 A. History. 71 B. Characteristics. 75 1. Danger. 75 2. Stasis. 75 3. Deindividuation. 76 II. Prisoner as Victim. 76 A. The Reformist Impulse. 76 B. Characteristics. 78 1. Endangered. 78 2. Stasis. 79 3. Deindividuation. 80 III. Prisoner as Neighbor. 80 A. The Principle of Return. 82... |
2022 |
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| Veryl Pow |
GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION |
69 UCLA Law Review 80 (March, 2022) |
In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... |
2022 |
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