AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Harvey Gee STINGRAY CELL-SITE SIMULATOR SURVEILLANCE AND THE FOURTH AMENDMENT IN THE TWENTY-FIRST CENTURY: A REVIEW OF THE FOURTH AMENDMENT IN AN AGE OF SURVEILLANCE, AND UNWARRANTED BARRY FRIEDMAN, UNWARRANTED: POLICING WITHOUT PERMISSION, NEW YORK: FARRAR, STRAUSS 93 Saint John's Law Review 325 (2019) The police can secretly track your every physical movement, listen to your private conversations, and collect data from your cell phone--all without first getting a warrant based on probable cause, signed off by a judge. WTF?! you text. Indeed, this practice by law enforcement using portable Stingray cell-site simulators as digital surveillance... 2019  
André Douglas Pond Cummings TEACHING SOCIAL JUSTICE THROUGH "HIP HOP AND THE LAW" 42 North Carolina Central Law Review 3 (2019) This article queries whether it is possible to teach law students about social justice through a course on hip hop and its connection to and critique of the law. We argue, in these dedicated pages of the North Carolina Central Law Review, that yes, hip hop and the law offer an excellent opportunity to teach law students about social justice. But,... 2019  
L. Song Richardson THE FALLACY OF THE (RACIAL) SOLIDARITY PRESUMPTION 107 California Law Review 1993 (December, 2019) I. The Solidarity Presumption. 1994 II. The Fallacy. 1996 A. Racial Anxiety Experienced by Blacks. 1996 1. Conformity Pressure. 1997 2. Value Threat. 2000 3. Lower Performance Ratings for Diversity-Valuing Behavior. 2003 B. Racial Anxiety Experienced by Whites. 2004 Conclusion. 2007 2019  
Deborah N. Archer THE NEW HOUSING SEGREGATION: THE JIM CROW EFFECTS OF CRIME-FREE HOUSING ORDINANCES 118 Michigan Law Review 173 (November, 2019) America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without... 2019  
Katie R. Eyer THE NEW JIM CROW IS THE OLD JIM CROW 128 Yale Law Journal 1002 (February, 2019) Mothers of Massive Resistance: White Women and the Politics of White Supremacy BY ELIZABETH GILLESPIE MCRAE OXFORD UNIVERSITY PRESS, 2018 A More Beautiful and Terrible History: The Uses and Misuses of Civil Rights History BY JEANNE THEOHARIS BEACON PRESS, 2018 A vast divide exists in the national imagination between the racial struggles of the... 2019  
Christy E. Lopez THE REASONABLE LATINX: A RESPONSE TO PROFESSOR HENNING'S THE REASONABLE BLACK CHILD: RACE, ADOLESCENCE, AND THE FOURTH AMENDMENT 68 American University Law Review Forum 55 (April, 2019) In her article, The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment, Professor Kristin Henning makes a compelling argument for reconceptualizing that Amendment's reasonable person standard to better protect black youth. Professor Henning shows how the reasonable person standard has long been artificially narrow and selectively... 2019  
Shaun Ossei-Owusu THE SIXTH AMENDMENT FAÇADE: THE RACIAL EVOLUTION OF THE RIGHT TO COUNSEL 167 University of Pennsylvania Law Review 1161 (April, 2019) One of the most perilous pitfalls of constitutional criminal procedure scholarship is the inexact treatment of race vis-à-vis the Sixth Amendment right to counsel. This imprecision exists because of historical and theoretical blind spots. In right to counsel literature, race is either neglected, subsumed under poverty, or understood in the simple... 2019  
Seth Davis THE THIRTEENTH AMENDMENT AND SELF-DETERMINATION 104 Cornell Law Review Online 88 (September, 2019) Slavery in the American South was a system of government that denied self-determination to Black communities. The Thirteenth Amendment to the U.S. Constitution promised that [n]either slavery nor involuntary servitude . shall exist within the United States. Today, Black communities and other subordinated communities are demanding... 2019  
Michele Goodwin THE THIRTEENTH AMENDMENT: MODERN SLAVERY, CAPITALISM, AND MASS INCARCERATION 104 Cornell Law Review 899 (May, 2019) L1-2Introduction . L3900 I. A Prodigious Cycle: Preserving the Past Through the Present. 909 II. Preservation Through Transformation: Policing, Slavery, and Emancipation. 922 A. Conditioned Abolition. 923 B. The Punishment Clause: Slavery's Preservation Through Transformation. 928 C. Re-appropriation and Transformation of Black Labor Through Black... 2019 Yes
Brittany Burnham THE WAR ON DRUGS: HOW AMERICA AND PHILIPPINES ARE FIGHTING THE WAR IN DIFFERENT WAYS YET BOTH ARE LOSING 42 Suffolk Transnational Law Review 327 (Summer, 2019) The global drug crisis has spiraled out of control in countries for years, requiring every country to initiate their own responses to the problem. The United States waged an official War on Drugs within its own borders in the 1970s. Since then, the United States fights this war by overutilizing its judicial and legislative systems, and imposing... 2019  
Shawn E. Fields WEAPONIZED RACIAL FEAR 93 Tulane Law Review 931 (April, 2019) I. Introduction. 933 II. The Fourth Wave of American Racial Fear. 940 A. Slavery and the Violence of Racial Fear. 940 B. Jim Crow and the Black Bogeyman. 941 C. Mass Incarceration and Super-Predators. 944 D. Iconic Ghettos and White Spaces. 947 III. The Permanence of Racial Fear. 949 A. Implicit Racial Bias and the Color of Crime. 950 1.... 2019 Yes
Meikhel M. Philogene WHY THE BLACK MAN IS REALLY GRAY 76 National Lawyers Guild Review 49 (Spring, 2019) Gray are the handcuffs that discriminatorily restrain Gray are the cell bars that disparately lock away Gray is the dream for coaches and athletes looking the same Gray is the hope for directors and musicians of a certain shade The black man isn't black; the black man is really gray It is no secret that racism and discrimination have an extensive,... 2019  
Spencer K. Beall "LOCK HER UP!" HOW WOMEN HAVE BECOME THE FASTEST-GROWING POPULATION IN THE AMERICAN CARCERAL STATE 23 Berkeley Journal of Criminal Law 1 (Spring, 2018) The majority of discourse on American mass incarceration attempts to explain the outsize populations in jails and prisons as the result of a political war against a specific group of people (e.g. against a certain race, against the poor), rather than against crime itself. Less attention has been paid to women, even though they are the... 2018 Yes
Estalyn Marquis "NOTHING LESS THAN THE DIGNITY OF MAN": WOMEN PRISONERS, REPRODUCTIVE HEALTH, AND UNEQUAL ACCESS TO JUSTICE UNDER THE EIGHTH AMENDMENT 106 California Law Review 203 (February, 2018) Much of the literature on women prisoners' inadequate access to healthcare has focused on the relative rarity of women in prison before the age of mass incarceration. This may explain why prisons initially were poorly equipped to provide healthcare to women, but the gendered nature of Eighth Amendment jurisprudence has allowed prisons to remain so.... 2018 Yes
Kari Hong A NEW MENS REA FOR RAPE: MORE CONVICTIONS AND LESS PUNISHMENT 55 American Criminal Law Review 259 (Spring, 2018) In what is now the Post-Weinstein era, victims of sexual assault and harassment are finally being believed. As much as this is overdue, in the context of rape, simply believing victims will not be enough to fix endemic problems arising in how rape is defined, prosecuted, and punished. This Article grapples with two problems presented by... 2018  
William S. Laufer A VERY SPECIAL REGULATORY MILESTONE 20 University of Pennsylvania Journal of Business Law 392 (2018) Expenditures underwriting corporate compliance in the United States are approaching a very special regulatory milestone. Compliance costs are nearing municipal policing costs. The trajectory of compliance expenditures over the past several decades may be traced to a good corporate citizenship movement in the mid-1990s where the government proposed... 2018  
Fred O. Smith, Jr. ABSTENTION IN THE TIME OF FERGUSON 131 Harvard Law Review 2283 (June, 2018) C1-2CONTENTS Introduction. 2284 I. Our Federalism from Young to Younger. 2289 A. Our Reconstructed Federalism. 2290 B. Our Reinvigorated Federalism. 2293 C. Our Reparable Federalism: Younger's Safety Valves. 2296 1. Bad Faith. 2297 2. Bias. 2300 3. Timeliness. 2301 4. Patent Unconstitutionality. 2302 D. Our Emerging Systemic Exception?. 2303 II.... 2018  
Lydette S. Assefa ASSESSING DANGEROUSNESS AMIDST RACIAL STEREOTYPES: AN ANALYSIS OF THE ROLE OF RACIAL BIAS IN BOND DECISIONS AND IDEAS FOR REFORM 108 Journal of Criminal Law and Criminology 653 (Fall, 2018) The problems of mass incarceration in the United States and its burdens on the economic and social well-being of local communities, counties, and states have received increased attention and have spurred conversations on prison and jail reform. More recently, reform efforts have appropriately focused on the bond system and the role of pretrial... 2018 Yes
Samuel R. Wiseman BAIL AND MASS INCARCERATION 53 Georgia Law Review 235 (Fall, 2018) It is widely known that the United States has the highest incarceration rate in the developed world, and the causes and ramifications of mass incarceration are the subject of intense study. It is also increasingly widely recognized that the high rates of pretrial detention, often linked to the use of money bail, are unjust, expensive, and often... 2018 Yes
Jedediah Purdy BEYOND THE BOSSES' CONSTITUTION: THE FIRST AMENDMENT AND CLASS ENTRENCHMENT 118 Columbia Law Review 2161 (November, 2018) The Supreme Court's weaponized First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a new Lochnerism. In this Essay,... 2018  
Ifeoma Ajunwa, Angela Onwuachi-Willig COMBATING DISCRIMINATION AGAINST THE FORMERLY INCARCERATED IN THE LABOR MARKET 112 Northwestern University Law Review 1385 (2018) Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation... 2018  
Keramet Reiter , Kelsie Chesnut CORRECTIONAL AUTONOMY AND AUTHORITY IN THE RISE OF MASS INCARCERATION 14 Annual Review of Law and Social Science 49 (2018) prison, mass incarceration, agency, frontline workers, mid-level bureaucrats Much of the literature explaining both mass incarceration and increasingly harsh punishment policies has been dominated by a focus on factors external to prisons, such as macrolevel explanations that point to political factors (like a popular rhetoric of governing through... 2018 Yes
Benjamin Levin CRIMINAL EMPLOYMENT LAW 39 Cardozo Law Review 2265 (August, 2018) This Article diagnoses a phenomenon, criminal employment law, which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my... 2018  
Deborah Tuerkheimer CRIMINAL JUSTICE AND THE MATTERING OF LIVES 116 Michigan Law Review 1145 (April, 2018) Locking Up Our Own: Crime and Punishment in Black America. By James Forman Jr. New York: Farrar, Straus, and Giroux. 2017. P. 239. $27. These are confusing times for criminal justice reformers. Although opposition to mass incarceration runs deep and wide, the conventional wisdom advances solutions that are woefully inadequate. The state-by-state... 2018 Yes
Carlos Berdejó CRIMINALIZING RACE: RACIAL DISPARITIES IN PLEA-BARGAINING 59 Boston College Law Review 1187 (April, 2018) Introduction. 1189 I. Racial Disparities in Criminal Case Outcomes. 1194 A. Racial Disparities in Sentencing. 1194 B. The Critical Role of Prosecutors. 1196 II. Sentencing in Wisconsin and description of the Data. 1200 A. Criminal Justice in Wisconsin. 1201 1. The Criminal Justice Process. 1201 2. Prison Population and Incarceration Rates. 1203 B.... 2018  
Carrie L. Rosenbaum CRIMMIGRATION--STRUCTURAL TOOLS OF SETTLER COLONIALISM 16 Ohio State Journal of Criminal Law 9 (Fall, 2018) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018  
Ryan A. Partelow DECODING THE "SPHINX-LIKE SILENCE": STATE RESIDENCY, PETITION CIRCULATION, AND THE FIRST AMENDMENT 86 Fordham Law Review 2553 (April, 2018) State governments are the primary regulators of elections and ballot access in the United States. State statutes determine who is eligible to be on the ballot in each particular state, as well as who may assist these individuals by gathering petition signatures. Candidates for political office, initiative proponents, and their supporters have... 2018  
Laura I Appleman DEVIANCY, DEPENDENCY, AND DISABILITY: THE FORGOTTEN HISTORY OF EUGENICS AND MASS INCARCERATION 68 Duke Law Journal 417 (December, 2018) Three widely discussed explanations of the punitive carceral state are racism, harsh drug laws, and prosecutorial overreach. These three narratives, however, only partially explain how our correctional system expanded to its current overcrowded state. Neglected in our discussion of mass incarceration is our largely forgotten history of the... 2018 Yes
Christopher Seeds DISAGGREGATING LWOP: LIFE WITHOUT PAROLE, CAPITAL PUNISHMENT, AND MASS INCARCERATION IN FLORIDA, 1972-1995 52 Law and Society Review 172 (March, 2018) Over the past 40 years, life imprisonment without the possibility of parole (LWOP) has been transformed from a rare sanction and marginal practice of last resort into a routine punishment in the United States. Two general theses--one depicting LWOP as a direct outgrowth of death penalty abolition; another collapsing LWOP into the tough-on-crime... 2018 Yes
Zina Makar DISPLACING DUE PROCESS 67 DePaul Law Review 425 (Spring, 2018) Pre-trial detention is a major component driving mass incarceration in the United States. While over 11 million people are detained in jails annually, only a small portion--approximately 570,000--are given long-term prison sentences. Seventy percent of jail inmates are pre-trial detainees who were denied bail or had bail set at a price they could... 2018 Yes
Elizabeth Westrope EMPLOYMENT DISCRIMINATION ON THE BASIS OF CRIMINAL HISTORY: WHY AN ANTI-DISCRIMINATION STATUTE IS A NECESSARY REMEDY 108 Journal of Criminal Law and Criminology 367 (Spring, 2018) The harms of mass incarceration do not end when an individual is released from prison. Instead, criminal records haunt approximately 70 million people throughout the United States today. Criminal histories follow persons convicted of crimes for the rest of their lives, creating collateral consequences that make it difficult for these individuals to... 2018 Yes
Khiara M. Bridges EXCAVATING RACE-BASED DISADVANTAGE AMONG CLASS-PRIVILEGED PEOPLE OF COLOR 53 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2018) The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist--the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the... 2018  
Steven A. Ramirez FOREWORD: DIVERSITY IN THE LEGAL ACADEMY AFTER FISHER II 51 U.C. Davis Law Review 979 (February, 2018) C1-2Table of Contents Introduction. 979 I. The Importance of Diversity in the Legal Academy. 981 II. Institutional Barriers to Diversity in the Legal Academy. 986 III. The Politics of Affirmative Action, Diversity, and White Supremacy. 992 Conclusion. 995 2018  
Anders Walker FREEDOM AND PRISON: PUTTING STRUCTURALISM BACK INTO STRUCTURAL INEQUALITY 57 University of Louisville Law Review 89 (2018) Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field. Structuralism has become a prominent... 2018 Yes
Susan N. Herman GETTING THERE: ON STRATEGIES FOR IMPLEMENTING CRIMINAL JUSTICE REFORM 23 Berkeley Journal of Criminal Law 32 (Spring, 2018) Criminal justice reform efforts sometimes seem improvisational. Scholars and activists have built a persuasive case that we need to reform the criminal justice system to reduce our reflexive dependency on mass incarceration and to root out bias against the poor, the mentally ill, and racial minorities. We know that actions like revising sentencing... 2018 Yes
Monica C. Bell HIDDEN LAWS OF THE TIME OF FERGUSON 132 Harvard Law Review Forum 1 (October, 2018) Every society is really governed by hidden laws, by unspoken but profound assumptions on the part of the people, and ours is no exception. It is up to the American writer to find out what these laws and assumptions are. In a society much given to smashing taboos without thereby managing to be liberated from them, it will be no easy matter. --James... 2018  
Carrie Rosenbaum IMMIGRATION LAW'S DUE PROCESS DEFICIT AND THE PERSISTENCE OF PLENARY POWER 28 Berkeley La Raza Law Journal 118 (2018) INTRODUCTION. 119 I. Detention of Asylum Seekers. 120 II. Substantive Due Process Rights of Noncitizens. 125 A. Zadvydas v. Davis and Clark v. Martinez. 126 1. Zadvydas v. Davis. 126 2. Clark v. Martinez. 128 B. Rodriguez-Fernandez v. Wilkinson. 129 C. Demore v. Kim. 130 D. Jennings v. Rodriguez. 132 III. R.I.L-R--Substantive Due Process Asylum... 2018  
Priscilla A. Ocen INCAPACITATING MOTHERHOOD 51 U.C. Davis Law Review 2191 (June, 2018) Incapacitation, the removal of dangerous people from society, is one of the most significant penal rationales in the United States. Mass incarceration emerged as one of the most striking applications of this theory, as policy makers shifted from rehabilitative efforts toward incapacitation in jails and prisons across the country. Women have been... 2018 Yes
  LOOKING IN THE MIRROR: THE PROSECUTOR'S ROLE IN ENDING MASS INCARCERATION 2018 Federal Sentencing Reporter 3371280 (February 1, 2018) Prosecutors carry a noble mission: to present truth and seek justice, to punish and deter criminal wrongdoing, and to ensure the rule of law. But their actions can also have devastating community consequences. Increasingly, prosecutors are being identified as a driving force behind mass incarceration a level of imprisonment unprecedented in our... 2018 Yes
Professor Mirko Bagaric , Dr. Gabrielle Wolf , William Rininger MITIGATING AMERICA'S MASS INCARCERATION CRISIS WITHOUT COMPROMISING COMMUNITY PROTECTION: EXPANDING THE ROLE OF REHABILITATION IN SENTENCING 22 Lewis & Clark Law Review 1 (2018) The United States is in the midst of an unprecedented mass incarceration crisis. Financially, this is no longer readily sustainable, even for the world's largest economy. Further, the human suffering that prison causes is no longer tolerable from the normative perspective. Nevertheless, lawmakers have failed to propose or adopt coherent or... 2018 Yes
Demetria D. Frank PRISONER-TO-PUBLIC COMMUNICATION 84 Brooklyn Law Review 115 (Fall, 2018) On the forty-seventh anniversary of prison activist George Jackson's death, Heriberto Sharky Garcia refused food at Folsom State Prison in California, initiating a national prisoner hunger strike. Since the very possession of a cell phone subjects a prisoner to discipline under the California Department of Corrections and Rehabilitation... 2018  
Michael A. Lawrence RACIAL JUSTICE DEMANDS TRUTH & RECONCILIATION 80 University of Pittsburgh Law Review 69 (Fall, 2018) The Negro race in America, stolen, ravished and degraded, struggling up through difficulties and oppression, needs sympathy and receives criticism; needs help and is given hindrance, needs protection and is given mob-violence, needs justice and is given charity, needs leadership and is given cowardice and apology, needs bread and is given a stone.... 2018  
Eric J. Miller REASONABLY RADICAL: TERRY'S ATTACK ON RACE-BASED POLICING 54 Idaho Law Review 479 (2018) C1-2TABLE OF CONTENTS I. INTRODUCTION. 479 II. RADICAL POLICING. 482 A. Perspectives on Police Authority. 483 i. Distinctive Authority. 483 ii. High-Visibility Authority. 484 iii. Low-Visibility Authority. 485 B. The President's Commission and Police Authority. 486 III. THE TERRY COURT'S CONVERSATION WITH THE PRESIDENT'S COMMISSION. 492 A. Ending... 2018  
Jeffrey Bellin REASSESSING PROSECUTORIAL POWER THROUGH THE LENS OF MASS INCARCERATION 116 Michigan Law Review 835 (April, 2018) Locked In: The True Causes of Mass Incarceration--And How to Achieve Real Reform. By John F. Pfaff. New York: Basic Books. 2017. Pp. vii, 235. $27.99. When I was a prosecutor in the early 2000s, my office deployed a variety of diversion programs to unload provable, but minor, cases without going through a formal adjudicative process. One of the... 2018 Yes
André Douglas Pond Cummings REFORMING POLICING 10 Drexel Law Review 573 (2018) C1-2Table of Contents Introduction. 575 I. Historical Evolution of Policing in the United States. 578 II. Connecting History with Current Practices. 583 III. Nationwide Police Reform Efforts Finding Success. 591 A. Policing in a Multiracial Society Project. 591 B. The Use of Force Project. 595 C. Community Policing in Cincinnati. 597 D.... 2018  
Cynthia Lee REFORMING THE LAW ON POLICE USE OF DEADLY FORCE: DE-ESCALATION, PRESEIZURE CONDUCT, AND IMPERFECT SELF-DEFENSE 2018 University of Illinois Law Review 629 (2018) This Article seeks to contribute to the national conversation on reforming police practices by evaluating the current law on police use of deadly force, identifying problems with that law, and suggesting a modest change to that law in the form of model legislation governing police use of deadly force. Existing statutes on police use of deadly force... 2018  
Wendy R. Calaway , Jennifer M. Kinsley RETHINKING BAIL REFORM 52 University of Richmond Law Review 795 (May, 2018) The issue of pretrial detention is part of a larger, national conversation on criminal justice reform. However, no single issue permeates the landscape of criminal justice like the treatment of pretrial defendants. The policies and practices around pretrial detention have contributed to the country's mass incarceration numbers; created a crisis for... 2018 Yes
Stephanie Hong SAY HER NAME: THE BLACK WOMAN AND INCARCERATION 19 Georgetown Journal of Gender and the Law 619 (Spring, 2018) In the modern 21st century, the United States imprisons more people per capita than any other country in the world. This mass incarceration epidemic, deeply rooted in a history of oppression and racism, is primarily discussed in the context of its effects on black men. Black women, on the other hand, are often forgotten in the discussion despite... 2018 Yes
Lindsey Webb SLAVE NARRATIVES AND THE SENTENCING COURT 42 New York University Review of Law and Social Change 125 (2018) The United States incarcerates a greater percentage of its population than any other country in the world. Courts are substantially more likely to sentence African American people to prison than white people in similar circumstances, and African American people in particular represent a grossly disproportionate percentage of the incarcerated... 2018  
Spencer Rand SOCIAL JUSTICE AS A PROFESSIONAL DUTY: EFFECTIVELY MEETING LAW STUDENT DEMAND FOR SOCIAL JUSTICE BY TEACHING SOCIAL JUSTICE AS A PROFESSIONAL COMPETENCY 87 University of Cincinnati Law Review 77 (2018) Many law students go to law school wanting to affect social change and learn how to use law to improve upon what they see as an unjust world. This number is likely to quickly increase. In what is being called the Trump Bump, law school applications are on the rise, increasing more than 11 percent this year after several years of decline. The... 2018  
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