| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Kristen Nelson , Jeanne Segil |
THE PANDEMIC AS A PORTAL: REIMAGINING CRIME AND PUNISHMENT IN COLORADO IN THE WAKE OF COVID-19 |
98 Denver Law Review 337 (Winter, 2021) |
There is growing recognition that the phenomenon of mass incarceration fails to achieve public safety, perpetuates cycles of harm in communities, and is costly and ineffective. Most experts agree that it will be impossible to achieve a meaningful decrease in our rates of mass incarceration without considering our response to violent crime. And yet,... |
2021 |
Yes |
| Katherine Beckett , Lindsey Beach |
THE PLACE OF PUNISHMENT IN TWENTY-FIRST-CENTURY AMERICA: UNDERSTANDING THE PERSISTENCE OF MASS INCARCERATION |
46 Law and Social Inquiry 1 (February, 2021) |
This study analyzes prison admission and crime data to assess whether the penal system's response to crime has continued to intensify since mass incarceration's peak and whether the increasing use of prison in nonurban areas helps explain this trend. The findings show that penal intensity has continued to escalate despite falling crime rates and... |
2021 |
Yes |
| Artika R. Tyner |
THE RACIAL WEALTH GAP: STRATEGIES FOR ADDRESSING THE FINANCIAL IMPACT OF MASS INCARCERATION ON THE AFRICAN AMERICAN COMMUNITY |
28 George Mason Law Review 885 (Spring, 2021) |
The wealth gap between blacks and whites is projected to take 228 years to bridge, which may appear to be an insurmountable challenge. Yet, identifying the challenge and facing the reality of its contributing factors is the first step towards addressing the issue. Economists and scholars have identified many contributing factors influencing this... |
2021 |
Yes |
| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
|
| Jennifer A. Brobst |
THE REVELATORY NATURE OF COVID-19 COMPASSIONATE RELEASE IN AN AGE OF MASS INCARCERATION, CRIME VICTIM RIGHTS, AND MENTAL HEALTH REFORM |
15 University of St. Thomas Journal of Law & Public Policy 200 (October, 2021) |
Thucydides, describing the anarchy that followed the plague at Athens, suggests how men, unrestrained from human laws and made cynical by disaster about divine ones, lapse into lawlessness. Retribution needs to be secure to be effective as a prudential argument; very often it is not. - Mary Margaret Mackenzie, Plato on Punishment 113 (1981). The... |
2021 |
Yes |
| Alice Ristroph |
THE SECOND AMENDMENT IN A CARCERAL STATE |
116 Northwestern University Law Review 203 (2021) |
Is an armed citizenry consistent with a carceral state? Throughout the twentieth century, the Second Amendment cast no shadow on the U.S. Supreme Court as the Court crafted the constitutional doctrines that license America's expansive criminal legal system. Under the Court's interpretation of the Fourth Amendment, the fact or mere... |
2021 |
|
| Michael Vitiello |
THE VICTIM IMPACT STATEMENTS: SKEWING CRIMINAL JUSTICE AWAY FROM FIRST PRINCIPLES |
76 New York University Annual Survey of American Law 657 (2021) |
Participation in this symposium to recognize Professor Stephen Schulhofer's impact on the criminal law is an especial honor for me. I was his law student at the University of Pennsylvania Law School during his second year as a professor there. His class on Criminal Law, his scholarship, and his friendship have had a profound and positive influence... |
2021 |
|
| Miriam Mack |
THE WHITE SUPREMACY HYDRA: HOW THE FAMILY FIRST PREVENTION SERVICES ACT REIFIES PATHOLOGY, CONTROL, AND PUNISHMENT IN THE FAMILY REGULATION SYSTEM |
11 Columbia Journal of Race and Law 767 (July, 2021) |
Fundamentally, the so-called child welfare system--more appropriately named, the family regulation system--is a policing system rooted in white supremacist ideologies and techniques. From its earliest iteration, the family regulation system has functioned to pathologize, control, and punish the families entrapped in its web, most especially Black... |
2021 |
|
| Michelle Y. Ewert |
THEIR HOME IS NOT THEIR CASTLE: SUBSIDIZED HOUSING'S INTRUSION INTO FAMILY PRIVACY AND DECISIONAL AUTONOMY |
99 North Carolina Law Review 869 (May, 2021) |
The anti-Black racism that has permeated public benefits programs and federal housing policy for over a century persists in subsidized rental housing. Public housing authorities (PHAs) impede the ability of tenants--who are disproportionately Black women--to change household composition as their family situations change. PHAs routinely take... |
2021 |
|
| Robin Walker Sterling |
THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT |
120 Michigan Law Review 451 (December, 2021) |
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social... |
2021 |
|
| Darcy Covert |
TRANSFORMING THE PROGRESSIVE PROSECUTOR MOVEMENT |
2021 Wisconsin Law Review 187 (2021) |
It is a near universally accepted principle that prosecutors are the most powerful actors in the criminal system. In response, a new movement has emerged: its proponents argue that, by electing progressive district attorneys, we can use the power of prosecutors to end mass incarceration and bring fairness to the criminal system without changing a... |
2021 |
Yes |
| Lindsey Webb |
TRUE CRIME AND DANGER NARRATIVES: REFLECTIONS ON STORIES OF VIOLENCE, RACE, AND (IN)JUSTICE |
24 Journal of Gender, Race and Justice 131 (Spring, 2021) |
In the United States, white people have long told both overt and veiled narratives of the purported danger and criminality of people of color. Sometimes known as danger narratives, these gruesome accounts often depict the kidnapping, assault, and murder of white women at the hands of men of color. These narratives have been used to promote and... |
2021 |
|
| Jeremy Dang |
UPROOTING MASS INCARCERATION: FROM RESTORATION TO TRANSFORMATION |
30-SPG Kansas Journal of Law & Public Policy 234 (Spring, 2021) |
Over the past three decades, the grim realities of the American criminal justice system have become undeniable, as the notorious injustices of mass incarceration have produced widespread international outrage. With calls for reform growing louder and stronger, many advocates are turning to restorative justice as an alternative to the retributive... |
2021 |
Yes |
| Benjamin Levin |
WAGE THEFT CRIMINALIZATION |
54 U.C. Davis Law Review 1429 (February, 2021) |
Over the past decade, workers' rights activists and legal scholars have embraced the language of wage theft in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians,... |
2021 |
|
| Jessica M. Eaglin |
WHEN CRITICAL RACE THEORY ENTERS THE LAW & TECHNOLOGY FRAME |
26 Michigan Journal of Race and Law 151 (Winter, 2021) |
C1-3Table of Contents R1-2INTRODUCTION . R3151. I. The Techno-Correctionist Tendency in Law & Technology. 155 II. Infusing the Critical Race Lens into the Legal Discourse. 158 A. Socially Constructed Technologies. 159 B. Technologies Constructing Social Reality. 162 III. Toward New Questions at the Intersection. 165 R1-2CONCLUSION . R3168. |
2021 |
|
| Professor Elayne E. Greenberg |
WHEN PUBLIC DEFENDERS AND PROSECUTORS PLEA BARGAIN RACE--A MORE TRUTHFUL NARRATIVE |
47 Ohio Northern University Law Review 605 (2021) |
Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek. Barack Obama This paper challenges prevailing stereotypes about public defenders and prosecutors and updates those stereotypes with a more accurate narrative about how reform-minded public defenders and... |
2021 |
|
| Heather K. Gerken |
WILL LEGAL EDUCATION CHANGE POST-2020? |
119 Michigan Law Review 1059 (April, 2021) |
The famed book review issue of the Michigan Law Review feels like a reminder of better days. As this issue goes to print, a shocking 554,103 people have died of COVID-19 in the United States alone, the country seems to have begun a long-overdue national reckoning on race, climate change and economic inequality continue to ravage the country, and... |
2021 |
|
| Jack Furness |
WILLFUL BLINDNESS: CHALLENGING INADEQUATE ABILITY TO PAY HEARINGS THROUGH STRATEGIC LITIGATION AND LEGISLATIVE REFORMS |
52 Columbia Human Rights Law Review 957 (Winter, 2021) |
C1-2Table of Contents Introduction. 959 I. Incarceration for Nonpayment of LFOs. 963 A. Legal Financial Obligations in America. 964 B. The Griffin Trilogy. 965 C. The Unconstitutionality of Incarcerating Indigent Defendants for Nonpayment of LFOs. 967 D. Understanding the Dramatic Rise in LFOs. 970 II. Lack of a Clear Standard and Its Consequences.... |
2021 |
|
| Jonathan Simon |
"THE CRIMINAL IS TO GO FREE": THE LEGACY OF EUGENIC THOUGHT IN CONTEMPORARY JUDICIAL REALISM ABOUT AMERICAN CRIMINAL JUSTICE |
100 Boston University Law Review 787 (May, 2020) |
The criminal is to go free because the constable has blundered. --Judge Benjamin Cardozo, People v. Defore Historians of the American penal state agree that eugenics--the global scientific and social movement for government managing of the racial stock of society--was a significant influence on the major wave of penal expansion that took... |
2020 |
|
| Deborah N. Archer |
"WHITE MEN'S ROADS THROUGH BLACK MEN'S HOMES": ADVANCING RACIAL EQUITY THROUGH HIGHWAY RECONSTRUCTION |
73 Vanderbilt Law Review 1259 (October, 2020) |
Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation's interstate highway system. In states around the country, highway construction displaced Black households and... |
2020 |
|
| Charisa Smith |
#WHOAMI?: HARM AND REMEDY FOR YOUTH OF THE #METOO ERA |
23 University of Pennsylvania Journal of Law and Social Change 295 (2020) |
Legal approaches to sexual and gender-based harms between minors are both ineffective and under-examined. Despite the #MeToo movement, the flashpoint confirmation hearing of Supreme Court Justice Kavanaugh involving alleged high school peer sexual assault, and heightened public awareness, fundamental issues regarding individuals under age eighteen... |
2020 |
|
| Bruce A. Green , Rebecca Roiphe |
A FIDUCIARY THEORY OF PROSECUTION |
69 American University Law Review 805 (February, 2020) |
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors' obligations in their historical role as fiduciaries. Casting... |
2020 |
|
| Amna A. Akbar |
AN ABOLITIONIST HORIZON FOR (POLICE) REFORM |
108 California Law Review 1781 (December, 2020) |
Since the Ferguson and Baltimore uprisings, legal scholarship has undergone a profound reckoning with police violence. The emerging structural account of police violence recognizes that it is routine, legal, takes many shapes, and targets people based on their race, class, and gender. But legal scholarship remains fixated on investing in the police... |
2020 |
|
| Lauren N. Hancock |
ANOTHER COLLATERAL CONSEQUENCE: KICKING THE VICTIM WHEN SHE'S DOWN |
77 Washington and Lee Law Review 1319 (Summer, 2020) |
Every state has a victim compensation fund that provides financial relief to victims of crime who have no other way to pay for medical expenses, funeral costs, crime scene cleanup, or other costs associated with the crime. States impose their own eligibility requirements to determine which victims can receive funding. Six states prohibit victims... |
2020 |
|
| Monica C. Bell |
ANTI-SEGREGATION POLICING |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... |
2020 |
|
| Julian Adler, Sarah Picard, Caitlin Flood |
ARGUING THE ALGORITHM: PRETRIAL RISK ASSESSMENT AND THE ZEALOUS DEFENDER |
21 Cardozo Journal of Conflict Resolution 581 (Spring, 2020) |
Housing an estimated 750,000 individuals on any given day, local jails in the United States are increasingly recognized as a key driver of both mass incarceration and racial and economic inequities in the criminal justice system more broadly. Strikingly, an estimated two out of three people in local jails have not yet been convicted of a... |
2020 |
Yes |
| Scott W. Howe |
ATONING FOR DRED SCOTT AND PLESSY WHILE SUBSTANTIALLY ABOLISHING THE DEATH PENALTY |
95 Washington Law Review 737 (June, 2020) |
Has the Supreme Court adequately atoned for Dred Scott and Plessy? A Court majority has never confessed and apologized for the horrors associated with those decisions. And the horrors are so great that Dred Scott and Plessy have become the anti-canon of constitutional law. Given the extraordinary circumstances surrounding the Court's... |
2020 |
|
| Assistant District Attorney Sabrina Margret Bierer, Attorney-in-Charge of Legislative Affairs, Manhattan District Attorney's Office |
BETTERING PROSECUTORIAL ENGAGEMENT TO REDUCE CRIME, PROSECUTIONS, AND THE CRIMINAL JUSTICE FOOTPRINT |
2020 Federal Sentencing Reporter 3163373 (April 1, 2020) |
Imagine if greater prosecutorial engagement meant fewer people with criminal records and fewer in prison. The United States leads the world in incarcerations, but a passionate movement now seeks to change that reality. People want to effect this change for good reasonnot only does mass incarceration in the United States disproportionately affect... |
2020 |
Yes |
| Alexander L. Burton, Velmer S. Burton, Jr., Francis T. Cullen, Justin T. Pickett, Leah C. Butler, Angela J. Thielo, University of Cincinnati, University of Arkansas at Little Rock, University of Cincinnati, State University of New York at Albany, Universi |
BEYOND THE NEW JIM CROW: PUBLIC SUPPORT FOR REMOVING AND REGULATING COLLATERAL CONSEQUENCES |
84-DEC Federal Probation 19 (December, 2020) |
IN 2010, MICHELLE Alexander published The New Jim Crow: Mass Incarceration in the Age of Colorblindness. This volume proved to be not only an important academic work but also a best-selling trade book. Its status as a contemporary classic can be traced to the fact that its message resonated with the growing sense that the policy of mass conviction... |
2020 |
Yes |
| Jedediah Britton-Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman |
BUILDING A LAW-AND-POLITICAL-ECONOMY FRAMEWORK: BEYOND THE TWENTIETH-CENTURY SYNTHESIS |
129 Yale Law Journal 1784 (April, 2020) |
We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. Neoliberal premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In... |
2020 |
|
| Nancy E. Dowd |
CHILDREN'S EQUALITY RIGHTS: EVERY CHILD'S RIGHT TO DEVELOP TO THEIR FULL CAPACITY |
41 Cardozo Law Review 1367 (April, 2020) |
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state,... |
2020 |
|
| Nadia Ahmad , Loyola Law Review (forthcoming) |
CLIMATE CAGES: CONNECTING MIGRATION, THE CARCERAL STATE, EXTINCTION REBELLION, AND THE CORONAVIRUS THROUGH CICERO AND 21 SAVAGE |
66 Loyola Law Review 293 (Summer, 2020) |
This article addresses the unmapped linkage of mass incarceration and encagement as responses to climate change and the coronavirus. I coin the phrase, climate cages, to highlight how public policy responses to atmospheric dynamics limit mobility, worsen prison conditions, and increase carcerality. In this article, I use the song lyrics of 21... |
2020 |
Yes |
| Smita Ghosh |
CONGRESSIONAL ADMINISTRATION DURING THE CRACK WARS: A STUDY OF THE SENTENCING COMMISSION |
23 University of Pennsylvania Journal of Law and Social Change 119 (2020) |
This article revisits the history of mass incarceration using historical literature, oral history interviews, and archival records from the Clinton Library and the Sentencing Commission. In doing so, it also tells a story of what many scholars call Congressional administration. In 1995, a hotly divided Commission recommended that Congress treat... |
2020 |
Yes |
| Cara H. Drinan |
CONVERSATIONS ON THE WARREN COURT'S IMPACT ON CRIMINAL JUSTICE: IN RE GAULT AT 50 |
49 Stetson Law Review 433 (Spring, 2020) |
In 1967, the United States Supreme Court held that youth were entitled to an array of procedural safeguards, including the right to counsel, during juvenile delinquency proceedings. With its In re Gault decision, the Supreme Court ushered in the due process era of juvenile justice in America, beginning what some have called a revolution in... |
2020 |
|
| Valena Beety, Brandon L. Garrett |
COVID-19 AND CRIMINAL JUSTICE |
11/16/2020 University of Chicago Law Review Online 1 (November 16, 2020) |
The COVID-19 pandemic has pushed the boundaries of our criminal legal system, testing the entrenchment of patterns in incarceration, policing, and surveillance. During a time in which new concerns arose about racial injustice and mass incarceration, prompting searching scrutiny, this pandemic created opportunities to rethink old ways of handling... |
2020 |
Yes |
| Daniel S. McConkie, Jr. |
CRIMINAL JUSTICE CITIZENSHIP |
72 Florida Law Review 1023 (September, 2020) |
The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized... |
2020 |
|
| David E. Patton |
CRIMINAL JUSTICE REFORM AND GUNS: THE IRRESISTIBLE MOVEMENT MEETS THE IMMOVABLE OBJECT |
69 Emory Law Journal 1011 (2020) |
The number of people incarcerated for federal firearm convictions has increased ten-fold in the past 30 years. One of the biggest sources of the increase is a Department of Justice initiative known as Operation Triggerlock in which people who are arrested by state and local police for gun possession are prosecuted in federal court for the express... |
2020 |
|
| Jeffrey Bellin |
DEFENDING PROGRESSIVE PROSECUTION: A REVIEW OF CHARGED BY EMILY BAZELON |
39 Yale Law and Policy Review 218 (Fall, 2020) |
Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. By Emily Bazelon. New York: Random House. 2019. 448 pp. $24.99. Progressive prosecutors are taking over District Attorney's Offices across the nation with a mandate to reform the criminal justice system from the inside. Emily Bazelon's new book, Charged: The... |
2020 |
Yes |
| Derek W. Miller |
DISCRIMINATION, DISCRETION, AND IOWA'S PACKED PRISONS |
105 Iowa Law Review 901 (January, 2020) |
For decades, the racial disparity in Iowa's prison system has persistently been one of the worst in the nation--despite the fact that the state is home to relatively few people of color. This Note submits that Iowa's County Attorneys may play an outsized role in perpetuating this state of affairs by charging and convicting... |
2020 |
|
| Mark W. Bennett |
FEDERAL SENTENCING: A JUDGE'S PERSONAL SENTENCING JOURNEY TOLD THROUGH THE VOICES OF OFFENDERS HE SENTENCED |
26 Washington and Lee Journal of Civil Rights and Social Justice 461 (Spring, 2020) |
Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe. In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal... |
2020 |
Yes |
| 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.... |
2020 |
Yes |
| Hugh M. Mundy |
FORGIVEN, FORGOTTEN? RETHINKING VICTIM IMPACT STATEMENTS FOR AN ERA OF DECARCERATION |
68 UCLA Law Review Discourse 302 (2020) |
Laws enacting victim impact statements flourished in the 1980s and 90s, a period defined by draconian crime control measures and mass incarceration. During an emerging era of decarceration, the effect of victim impact statements on excessive prison sentences has been largely overlooked. Reshaping retributive laws governing victim impact statements... |
2020 |
Yes |
| Jordan Blair Woods |
FRAMING LEGISLATION BANNING THE "GAY AND TRANS PANIC" DEFENSES |
54 University of Richmond Law Review 833 (March, 2020) |
Since the 1960s, criminal defendants who have attacked (and in most cases killed) lesbian, gay, bisexual, transgender, and queer (LGBTQ) victims have relied on the gay and trans panic defenses in order to avoid conviction or to receive lesser punishment. Contrary to what the name suggests, the gay and trans panic defenses are not freestanding... |
2020 |
|
| Dr. Cynthia Boyer |
FROM DISENFRANCHISEMENT TO CITIZENSHIP: THE ONE-PERSON ONE-VOTE RULE ISSUE AND RACIAL DISCRIMINATION IN THE TRUMP ERA |
13 Elon Law Review 77 (2020) |
I. Introduction. 77 II. Political Perspective on Felon Disenfranchisement Through Historical Development. 79 A. The Right to Vote and Disenfranchisement. 80 B. Neoliberalism and Mass Incarceration: A Racial Political Disempowerment. 87 C. Disenfranchisement in the United States. 95 III. From Public Disempowerment to Collective Empowerment in the... |
2020 |
Yes |
| Noah D. Zatz |
GET TO WORK OR GO TO JAIL: STATE VIOLENCE AND THE RACIALIZED PRODUCTION OF PRECARIOUS WORK |
45 Law and Social Inquiry 304 (May, 2020) |
Work requirements backed by threats of incarceration offer a fertile but neglected site for sociolegal inquiry. These carceral work mandates confound familiar accounts of both the neoliberal state's production of precarious work through deregulation and the penal state's production of racialized exclusion from labor markets. In two illustrative... |
2020 |
|
| Kari Hong |
GIDEON: PUBLIC LAW SAFEGUARD, NOT A CRIMINAL PROCEDURAL RIGHT |
51 University of the Pacific Law Review 741 (2020) |
C1-2Table of Contents Table of Contents. 741 I. The Zig and Zags that Birthed and Confined the Right of Counsel to the Sixth Amendment. 746 A. From Powell v. Alabama to Argersinger: The (False) Narrative Confining the Right of Counsel to the Sixth Amendment. 746 B. Gideon's Foundation: The Right of Counsel as a Remedy to Asymmetry in All Public Law... |
2020 |
|
| Paul J. Larkin, Jr. |
GUIDING PRESIDENTIAL CLEMENCY DECISION MAKING |
18 Georgetown Journal of Law & Public Policy 451 (Summer, 2020) |
The Article II Pardon Clause empowers the President to grant clemency to any offender for any reason that he or she deems justified. The clause contains only two textual limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise,... |
2020 |
|
| Jonathan Kwortek |
GUILTY BEYOND A REASONABLE VOTE: CHALLENGING FELONY DISENFRANCHISEMENT UNDER SECTION 2 OF THE VOTING RIGHTS ACT |
93 Southern California Law Review 849 (May, 2020) |
History is not the past. It is the present. We carry our history with us. We are our history. If we pretend otherwise, we are literally criminals. James Baldwin C1-2TABLE OF CONTENTS INTRODUCTION. 850 I. BACKGROUND. 853 A. Felon Disenfranchisement: Historical Origins And Adoption in the United States. 853 1. Origins of Felon Voting Restrictions.... |
2020 |
|
| Heather L. Pickerell |
HOW TO ASSESS WHETHER YOUR DISTRICT ATTORNEY IS A BONA FIDE PROGRESSIVE PROSECUTOR |
15 Harvard Law & Policy Review 285 (Winter 2020) |
This Note serves as a surgeon general's warning that not all progressive prosecutors are alike and provides a weighted constellation framework that advocates can use to assess which district attorneys deserve the progressive name. Although the justice system's structural landmines inhibit district attorneys' efforts to substitute law-and-order... |
2020 |
|
| Deborah M. Weissman |
IN PURSUIT OF ECONOMIC JUSTICE: THE POLITICAL ECONOMY OF DOMESTIC VIOLENCE LAWS AND POLICIES |
2020 Utah Law Review 1 (2020) |
Intimate partner violence (IPV) is often exercised as an act of coercion by abusers who engage in strategies to interfere with their partners' ability to engage productively in the workplace and deny them control over economic resources, that is, to deny them agency. Certainly, awareness of the insidious facets of economic coercion of IPV has... |
2020 |
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