| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Samuel P. Newton |
KIDNAPPING RECONSIDERED: COURTS MERGER TESTS INADEQUATELY REMEDY THE INEQUITIES WHICH DEVELOPED FROM KIDNAPPING'S SENSATIONALIZED AND RACIALIZED HISTORY |
28 William & Mary Bill of Rights Journal 635 (March, 2020) |
After a late-night party, Percy Wilder, a black man, tried to convince Danielle Peterson, a white woman, to come outside to his car. After some back-and-forth, Peterson somewhat hesitantly left and Wilder persuaded her to get into the car. Wilder then pulled out, Peterson's legs still hanging out the door. As he drove, Wilder asked for oral sex,... |
2020 |
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| Rory Fleming |
LEGITIMACY MATTERS: THE CASE FOR PUBLIC FINANCING IN PROSECUTOR ELECTIONS |
27 Washington and Lee Journal of Civil Rights and Social Justice 1 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 2 II. Studying the Progressive Prosecutor Elections (2015-2019). 10 A. Study One: Fundraising Disparities Between Progressive Challengers and Incumbents in Prosecutor Elections. 14 1. Primary Determinative Elections. 16 2. General Determinative Elections. 18 3. Nonpartisan Elections. 21 B. Study Two:... |
2020 |
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| Nkechi Taifa |
LET'S TALK ABOUT REPARATIONS |
10 Columbia Journal of Race and Law 1 (2020) |
In the spring of the 2019, the Columbia Journal of Race and Law invited activist, attorney and scholar, Nkechi Taifa, to Columbia Law School for a public lecture on the topic of Reparations for descendent of enslaved Africans in the United States. Reparations has been a subject to much public discourse over the years and, in the last decade in... |
2020 |
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| Athena D. Mutua |
LIBERALISM'S IDENTITY POLITICS: A RESPONSE TO PROFESSOR FUKUYAMA |
23 University of Pennsylvania Journal of Law and Social Change 27 (2020) |
INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and... |
2020 |
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| 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), |
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... |
2020 |
Yes |
| 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.... |
2020 |
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| 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) |
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... |
2020 |
Yes |
| Carmen G. Gonzalez |
MIGRATION AS REPARATION: CLIMATE CHANGE AND THE DISRUPTION OF BORDERS |
66 Loyola Law Review 401 (Summer, 2020) |
Climate-fueled disasters are displacing record numbers of people all over the world. According to the International Organization for Migration (IOM), climate change is anticipated to displace anywhere from 25 million to 1 billion people by 2050. The precise number of climate-displaced persons is difficult to predict because climate change amplifies... |
2020 |
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| Shiu-Ming Cheer |
MOVING TOWARD TRANSFORMATION: ABOLITIONIST REFORMS AND THE IMMIGRANTS' RIGHTS MOVEMENT |
68 UCLA Law Review Discourse 68 (2020) |
This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... |
2020 |
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| Mirko Bagaric , Gabrielle Wolf , Daniel McCord |
NOTHING SEEMINGLY WORKS IN SENTENCING: NOT MANDATORY PENALTIES; NOT DISCRETIONARY PENALTIES--BUT SCIENCE HAS THE ANSWER |
53 Indiana Law Review 499 (2020) |
Sentencing is undergoing significant reform in the United States. The main catalyst for this shift is the mass incarceration crisis that has developed over the past four decades, and has resulted in the United States becoming the most punitive nation on Earth, and by an extremely large margin. The financial cost of imprisoning more than two million... |
2020 |
Yes |
| Sarah Schindler |
PARDONING DOGS |
21 Nevada Law Journal 117 (Fall, 2020) |
In 1994, the Governor of New Jersey pardoned a dog. In 2017, the Governor of Maine did the same. Each of these dogs had been ordered to be euthanized after killing another dog. While the Governor of New Jersey relied on the property status of the dog in issuing her order, the Governor of Maine relied on his standard pardon power, despite the fact... |
2020 |
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| Savanna R. Leak |
PEREMPTORY CHALLENGES: PRESERVING AN UNEQUAL ALLOCATION AND THE POTENTIAL PROMISE OF PROGRESSIVE PROSECUTION |
111 Journal of Criminal Law and Criminology 273 (Winter 2020) |
In the United States, the relative allocation of peremptory challenges afforded to the defense and prosecution is at once in a state of paralysis and flux. The federal system maintains an unequal allocation of peremptory challenges between the defense and prosecution in noncapital offenses, while many states have moved toward equalization of the... |
2020 |
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| Tyler Yeargain |
PROSECUTORIAL DISASSOCIATION |
47 American Journal of Criminal Law 85 (Spring, 2020) |
Introduction. 86 I. The History and Development of Prosecutors' Associations. 87 A. Institutional Histories. 87 B. Statutory Power. 92 II. Prosecutors' Associations as Interest Groups. 96 A. Lobbying. 97 B. Electioneering. 104 C. Participation in Litigation. 110 III. Progressive Prosecutors and Prosecutors' Associations. 114 A. The Rise of the... |
2020 |
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| Daniel Fryer |
RACE, REFORM, & PROGRESSIVE PROSECUTION |
110 Journal of Criminal Law and Criminology 769 (Fall, 2020) |
The progressive prosecution movement is one of the most recent efforts to reform the United States criminal justice system. In this Article, I analyze two assumptions that appear to be guiding this movement. The first is that prosecutors have unilateral power to change the system. The second is that those who bear the biggest burden of our current... |
2020 |
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| Barry C. Feld , Perry L. Moriearty |
RACE, RIGHTS, AND THE REPRESENTATION OF CHILDREN |
69 American University Law Review 743 (February, 2020) |
Fifty years ago, the Supreme Court issued what is arguably the most consequential decision in the history of the American juvenile court. In re Gault imported to the juvenile court some of the criminal court's core constitutional protections, including, most notably, the right to counsel. Two of the Court's primary objectives in Gault were to... |
2020 |
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| Kamaria A. Guity |
RECREATIONAL MARIJUANA LEGALIZATION IN NEW JERSEY: THE FORMULA FOR A BILL THAT ACCOUNTS FOR RACIAL INJUSTICE |
21 Rutgers Race & the Law Review 23 (2020) |
African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different... |
2020 |
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| Irene Oritseweyinmi Joe |
REGULATING MASS PROSECUTION |
53 U.C. Davis Law Review 1175 (February, 2020) |
Efforts to address our nation's criminal justice crisis have hit a standstill; legislative solutions have proven inadequate and increased funding for public defenders is politically impractical. Virtually everyone agrees that there is a problem: we incarcerate more people than any other developed nation and that imposes a significant cost on... |
2020 |
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| Lauren-Brooke Eisen, Director, Justice Program at the Brennan Center for Justice, NYU School of Law, Courtney M. Oliva, Executive Director, Center on the Administration of Criminal Law, NYU School of Law |
REIMAGINING A PROSECUTOR'S ROLE IN SENTENCING |
2020 Federal Sentencing Reporter 3163370 (April 1, 2020) |
Today, more than 2.1 million people are locked up in county jails and state and federal prisons. Decades of research illustrates that mass incarceration tears apart communities, creates vast racial disparities, and perpetuates cycles of intergenerational poverty. Close to one in ten African American students have an incarcerated parent; one in four... |
2020 |
Yes |
| Darin E.W. Johnson |
REMOVING THE CHOKEHOLD ON SCHOOL DISCIPLINE |
4 Howard Human & Civil Rights Law Review 45 (2019-2020) |
In his influential book, Chokehold - Policing Black Men, Paul Butler argues that the chokehold - a widely-banned and lethal maneuver in which a person's neck is tightly gripped in a way that restrains breathing is an apt metaphor for how the U.S. criminal justice system treats African-American men: A chokehold is a process of coercing submission... |
2020 |
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| Monica Cosby , Annalise Buth |
RESTORATIVE REVELATIONS |
17 University of Saint Thomas Law Journal 81 (Fall, 2020) |
A novel coronavirus and endemic racism are cracking the foundations of the United States of America. In October 2019, while participating in the University of St. Thomas Law Journal Symposium Restorative Justice, Law & Healing, we never dreamt that months later a viral pandemic would be devastating the world. There have been over sixty-three... |
2020 |
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| Deborah M. Ahrens |
RETROACTIVE LEGALITY: MARIJUANA CONVICTIONS AND RESTORATIVE JUSTICE IN AN ERA OF CRIMINAL JUSTICE REFORM |
110 Journal of Criminal Law and Criminology 379 (Summer, 2020) |
The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what... |
2020 |
Yes |
| 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... |
2020 |
Yes |
| John Rappaport |
SOME DOUBTS ABOUT "DEMOCRATIZING" CRIMINAL JUSTICE |
87 University of Chicago Law Review 711 (May, 2020) |
The American criminal justice system's ills are by now so familiar as scarcely to bear repeating: unprecedented levels of incarceration, doled out disproportionately across racial groups, and police that seem to antagonize and hurt the now-distrustful communities they are tasked to serve and protect. Systemic social ailments like these seldom... |
2020 |
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| Nora V. Demleitner, Roy L. Steinheimer Jr. Professor of Law, Washington and Lee University, Virginia, Editor, Federal Sentencing Reporter, Member, Citizens Advisory Committee to James Hingeley, Commonwealth's Attorney, County of Albemarle, Virginia |
STATE PROSECUTORS AT THE CENTER OF MASS IMPRISONMENT AND CRIMINAL JUSTICE REFORM |
2020 Federal Sentencing Reporter 3163369 (April 1, 2020) |
In this Issue of the Federal Sentencing Reporter we turn to the role of state prosecutors in sentencing. In recent years, both the scholarly discourse and the advocacy community have increasingly focused on the impact prosecutors have had on mass imprisonment and the expansion of the supervision regime. A new cohort of progressive prosecutors... |
2020 |
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| Alice Ristroph |
THE CURRICULUM OF THE CARCERAL STATE |
120 Columbia Law Review 1631 (October, 2020) |
This Essay scrutinizes the canons of substantive criminal law, with a particular focus on the curricular canon. By curricular canon, I mean the conceptual model used to teach the subject of criminal law, including the cases, narratives, and ideas that are presented to students. Since the middle of the twentieth century, American law schools have... |
2020 |
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| Erica Zunkel, Alison Siegler |
THE FEDERAL JUDICIARY'S ROLE IN DRUG LAW REFORM IN AN ERA OF CONGRESSIONAL DYSFUNCTION |
18 Ohio State Journal of Criminal Law 283 (Fall, 2020) |
While state drug law reform is moving apace, federal drug law reform has moved much more slowly. Many, including the Judicial Conference of the United States and the United States Sentencing Commission, have urged Congress to enact substantive federal drug law reform for years. But Congress has not acted. As a result, the federal system continues... |
2020 |
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| Seema Gajwani , Max G. Lesser |
THE HARD TRUTHS OF PROGRESSIVE PROSECUTION AND A PATH TO REALIZING THE MOVEMENT'S PROMISE |
64 New York Law School Law Review 69 (2019/2020) |
Newly elected Durham County District Attorney Satana Deberry came into office in 2018 seeking to drastically decrease the jail population, implement bold prosecutorial reforms, and address racial bias in the criminal justice system. After less than a year leading the office, however, she noticed that among line prosecutors in her office there is... |
2020 |
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| K. Sabeel Rahman , Jocelyn Simonson |
THE INSTITUTIONAL DESIGN OF COMMUNITY CONTROL |
108 California Law Review 679 (June, 2020) |
A growing set of social movements has in recent years revived interest in community control, the idea that local residents should exercise power over services like the police, infrastructure, and schools. These range from a call from the Partnership for Working Families, a grassroots coalition, to build community control through the direct... |
2020 |
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| Ingrid V. Eagly |
THE MOVEMENT TO DECRIMINALIZE BORDER CROSSING |
61 Boston College Law Review 1967 (June, 2020) |
Introduction. 1968 I. Immigration Prosecution in the Trump Era. 1974 A. Executive Orders on Immigration Crime. 1977 B. Zero Tolerance for Illegal Entry. 1982 C. Enhanced Punishment for Illegal Reentry. 1986 II. The Movement to Resist Border Criminalization. 1991 A. Ending the Forced Separation of Families. 1991 B. Protecting the Rights of Asylum... |
2020 |
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| Andrea L. Dennis |
THE MUSIC OF MASS INCARCERATION |
13 Landslide 14 (November/December, 2020) |
Intellectual property law reaches every aspect of the world, society, and creativity. Sometimes, creative expression is at the very crux of societal conflict and change. Through its history, rap music has demonstrated passionate creative expression, exploding with emotion and truths. Now the most popular musical genre in America, rap has always... |
2020 |
Yes |
| Ashley De La Garza |
THE NEVER-ENDING GRASP OF THE PRISON WALLS: BANNING THE BOX ON HOUSING APPLICATIONS |
22 Scholar: St. Mary's Law Review on Race and Social Justice 409 (2020) |
We want all Americans to have a fair chance to live up to their full potential to engage with their families and communities, and to reach for a bright future that is not defined by their past mistakes. --Federal Interagency Reentry Counsel Introduction. 411 I. Background: Mass Incarceration. 415 II. Why are the Previously Incarcerated Excluded?.... |
2020 |
Yes |
| 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... |
2020 |
Yes |
| Ifeoma Ajunwa |
THE PARADOX OF AUTOMATION AS ANTI-BIAS INTERVENTION |
41 Cardozo Law Review 1671 (June, 2020) |
A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic... |
2020 |
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| Ekow N. Yankah |
THE RIGHT TO REINTEGRATION |
23 New Criminal Law Review 74 (Winter, 2020) |
Western democracies take an uneven view of the state's role in reintegrating the incarcerated following punishment. Particularly in the United States, where retributivism remains punishment's dominant justification, questions of punishment center on how wrongdoers ought to suffer for transgressions. Thus, reintegrative programs are viewed as a... |
2020 |
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| Thalia González |
THE STATE OF RESTORATIVE JUSTICE IN AMERICAN CRIMINAL LAW |
2020 Wisconsin Law Review 1147 (2020) |
Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations--particularly those addressing mass incarceration and securing justice--and has gained a new urgency following nationwide protests in response to racial violence and... |
2020 |
Yes |
| Artika R. Tyner |
THE TANGLED WEB OF MASS INCARCERATION: ADDRESSING THE SCHOOL-TO-PRISON PIPELINE THROUGH A RESTORATIVE JUSTICE APPROACH |
17 University of Saint Thomas Law Journal 59 (Fall, 2020) |
A referral from the classroom to the courtroom has become an expansive and pervasive entry point into the tangled web of mass incarceration. This referral may be initiated as the result of disruption in the classroom, response to a zero-tolerance policy, or a disciplinary infraction. It is a phenomenon known as the school-to-prison pipeline.... |
2020 |
Yes |
| Kathleen Kim |
THE THIRTEENTH AMENDMENT AND HUMAN TRAFFICKING: LESSONS & LIMITATIONS |
36 Georgia State University Law Review 1005 (Summer, 2020) |
Understanding the significance of the Thirteenth Amendment for current antihuman trafficking policies and efforts requires scrutiny of the white supremacist roots that forced the chattel slavery of Africans in the United States. Passage of the Thirteenth Amendment in 1865 federalized the abolition of slavery and involuntary servitude and promised a... |
2020 |
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| Ryan A. Partelow |
THE TWENTY-FIRST CENTURY POLL TAX |
47 Hastings Constitutional Law Quarterly 425 (Spring, 2020) |
In 2008, Randi Lynn Williams of Dothan, Alabama, lost her right to vote when she was convicted of fraudulent use of a credit card. Although she served her sentence of probation and a few months in prison, she is still currently unable to vote. Although many states have abolished or liberalized their laws disenfranchising convicted felons in recent... |
2020 |
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| Yelena Niazyan |
THE WAY WE DO THINGS AROUND HERE: WHAT PROGRESSIVE PROSECUTORS CAN LEARN FROM CORPORATE COMPLIANCE |
76 New York University Annual Survey of American Law 131 (2020) |
Introduction. 133 I. Identifying And Defining Prosecutorial Misconduct. 136 A. Defining Misconduct. 136 1. Legally-Defined Misconduct. 137 2. Violations Of Office Norms. 138 B. The Causes Of Misconduct. 140 1. Deliberate Misconduct. 140 2. Negligent Misconduct. 143 3. Culture's Role In Enabling Misconduct. 145 II. A Renaissance Of Progressive... |
2020 |
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| Melissa S. Ader |
THE WORKER JUSTICE PROJECT: A BLUEPRINT FOR A COMPREHENSIVE CRIMINAL EMPLOYMENT LAW PRACTICE |
44 Harbinger 67 (March 23, 2020) |
On January 1, 2019, The Legal Aid Society's Criminal Defense Practice launched the Worker Justice Project in order to combat discrimination faced by workers with arrest or conviction records living in New York City. For many clients of the Criminal Defense Practice, the most catastrophic result of an arrest or conviction is its effect on... |
2020 |
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| Monika Batra Kashyap |
U.S. SETTLER COLONIALISM, WHITE SUPREMACY, AND THE RACIALLY DISPARATE IMPACTS OF COVID-19 |
11 California Law Review Online 517 (November, 2020) |
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... |
2020 |
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| J.J. Prescott, Benjamin Pyle, Sonja B. Starr |
UNDERSTANDING VIOLENT-CRIME RECIDIVISM |
95 Notre Dame Law Review 1643 (March, 2020) |
People convicted of violent crimes constitute a majority of the imprisoned population but are generally ignored by existing policies aimed at reducing mass incarceration. Serious efforts to shrink the large footprint of the prison system will need to recognize this fact. This point is especially pressing at the time of this writing, as states and... |
2020 |
Yes |
| César F. Rosado Marzán |
WAGE THEFT AS CRIME: AN INSTITUTIONAL VIEW |
20 Journal of Law in Society 300 (Summer, 2020) |
C1-2TABLE OF CONTENTS Introduction. 300 I. The Fledgling Crime of Wage Theft. 302 II. Wage Theft Should be a Crime Despite Policing Problems and Mass Incarceration. 304 III. Collaboration with other Agencies and Worker Advocates. 310 Conclusion. 313 |
2020 |
Yes |
| Alice Ristroph |
WHAT IS REMEMBERED |
118 Michigan Law Review 1157 (April, 2020) |
Policing the Open Road: How Cars Transformed American Freedom. By Sarah A. Seo. Cambridge and London: Harvard University Press. 2019. Pp. 275. $28.95. American criminal law has a history, a history not sufficiently known to lawyers, judges, and scholars. This legal history is intertwined with the political and cultural history of the United States,... |
2020 |
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| Pamela Oliver |
WHAT THE NUMBERS SAY ABOUT HOW TO REDUCE IMPRISONMENT: OFFENSES, RETURNS, AND TURNOVER |
103 Marquette Law Review 1073 (Spring, 2020) |
Reformers across the political spectrum are calling for a rollback of mass incarceration. The U.S. rate of incarceration in state prisons would have to decline by 75% to return to its 1970s level. How might this be accomplished? This Article provides descriptive statistics about the mix of offenses, sentence lengths, and admission types and shows... |
2020 |
Yes |
| Hadar Aviram |
WHAT WERE "THEY" THINKING, AND DOES IT MATTER? STRUCTURAL INEQUALITY AND INDIVIDUAL INTENT IN CRIMINAL JUSTICE REFORM |
45 Law and Social Inquiry 249 (February, 2020) |
Cohen, Stanley. Visions of Social Control: Crime, Punishment and Classification. London: Polity Press, 1985. Forman, James Jr. Locking Up Our Own: Crime and Punishment in Black America. Palo Alto, CA: Stanford University Press, 2017. Schoenfeld, Heather. Building the Prison State: Race and the Politics of Mass Incarceration. Chicago: University of... |
2020 |
Yes |
| Benjamin Levin |
WHAT'S WRONG WITH POLICE UNIONS? |
120 Columbia Law Review 1333 (June, 2020) |
In an era of declining labor power, police unions stand as a success story for worker organizing--they exert political clout and negotiate favorable terms for their members. Yet, despite support for unionization on the political left, police unions have become public enemy number one for commentators concerned about race and police violence. Much... |
2020 |
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| Theresa Zhen |
(COLOR)BLIND REFORM: HOW ABILITY-TO-PAY DETERMINATIONS ARE INADEQUATE TO TRANSFORM A RACIALIZED SYSTEM OF PENAL DEBT |
43 New York University Review of Law and Social Change 175 (2019) |
As economic sanctions imposed with a criminal conviction proliferate nationwide, reformers have fought for and won the institutionalization of ability-to-pay determinations. While often viewed as a victory in the effort to end the criminalization of poverty, there is a substantial risk that ability-to-pay determinations may actually exacerbate the... |
2019 |
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| Wesley A. Shumway |
2017 DRUG LAWS IN WEST VIRGINIA: THE WRONG PRESCRIPTION FOR THE STATE'S OPIOID CRISIS |
123 Penn State Law Review 559 (Winter, 2019) |
The United States has been devastated by an opioid epidemic. The 1990s, with shifting views of pain management and aggressive marketing of OxyContin, saw the beginning of a crisis that has taken the country by storm. Pain medication prescription rates skyrocketed throughout the United States, and as a result, addiction, overdose, and death have... |
2019 |
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| Bryonn Bain |
21ST CENTURY HARRIET TUBMAN?: AN INTERVIEW WITH SUSAN BURTON |
35 Harvard Blackletter Law Journal 27 (Spring, 2019) |
Then the Lord said to Moses, Rise up early in the morning and present yourself to Pharaoh, as he goes out to the water, and say to him, Thus says the Lord, Let my people go, that they may serve me. --Exodus 8:20 Los Angeles is ground zero for mass incarceration. With an average of 17,000 people incarcerated daily (as of 2015), LA incarcerates... |
2019 |
Yes |