| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Lucy A. Jewel |
THE BIOLOGY OF INEQUALITY |
95 Denver Law Review 609 (Spring, 2018) |
We have known for quite some time that disadvantaged individuals suffer from poorer health outcomes and lower life spans than the advantaged. The disadvantaged do not perform as well on educational tests than their wealthier peers. In some situations, racial discrimination intersects with poverty to worsen these outcomes for minorities. With the... |
2018 |
|
| Devon W. Carbado , L. Song Richardson |
THE BLACK POLICE: POLICING OUR OWN LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA. BY JAMES FORMAN JR. NEW YORK, N.Y.: FARRAR, STRAUS AND GIROUX. 2017. PP. 306. $27.00 |
131 Harvard Law Review 1979 (May, 2018) |
Since Darren Wilson shot and killed Michael Brown in 2014, the problem of police violence against African Americans has been a relatively salient feature of nationwide discussions about race. Across the ideological spectrum, people have had to engage the question of whether, especially in the context of policing, it's fair to say that black lives... |
2018 |
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| Benjamin Levin |
THE CONSENSUS MYTH IN CRIMINAL JUSTICE REFORM |
117 Michigan Law Review 259 (November, 2018) |
It has become popular to identify a consensus on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct... |
2018 |
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| Ellen A. Donnelly, John M. MacDonald |
THE DOWNSTREAM EFFECTS OF BAIL AND PRETRIAL DETENTION ON RACIAL DISPARITIES IN INCARCERATION |
108 Journal of Criminal Law and Criminology 775 (Fall, 2018) |
Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then... |
2018 |
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| Christi Metcalfe , Justin T. Pickett |
THE EXTENT AND CORRELATES OF PUBLIC SUPPORT FOR DETERRENCE REFORMS AND HOT SPOTS POLICING |
52 Law and Society Review 471 (June, 2018) |
As one approach to prison downsizing and criminal justice reform, scholars recommend altering the nature of policing by reallocating resources toward policing and increasing sentinel patrols and hot spots interventions. Public attitudes toward these reforms are unknown. In the current police crisis, shifting policies in ways disfavored by the... |
2018 |
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| Josh Gupta-Kagan |
THE INTERSECTION BETWEEN YOUNG ADULT SENTENCING AND MASS INCARCERATION |
2018 Wisconsin Law Review 669 (2018) |
This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system less severely than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying... |
2018 |
Yes |
| Thomas Ward Frampton |
THE JIM CROW JURY |
71 Vanderbilt Law Review 1593 (October, 2018) |
Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting the Jim Crow jury actively fought, both inside and outside the... |
2018 |
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| Luis Chiesa |
THE MODEL PENAL CODE, MASS INCARCERATION, AND THE RACIALIZATION OF AMERICAN CRIMINAL LAW |
25 George Mason Law Review 605 (Summer, 2018) |
On a muggy summer night in 1951, a white woman from Alabama took a stroll with her two daughters and a neighbor's child. She observed a black man walking behind them. Fearing that the man may want to harm them, the woman instructed the children to run to a neighbor's house and tell him to come meet her. When the man saw the neighbor, he turned... |
2018 |
Yes |
| Dorothy E. Roberts |
THE MOST SHOCKING AND INHUMAN INEQUALITY: THINKING STRUCTURALLY ABOUT POVERTY, RACISM, AND HEALTH INEQUITIES |
49 University of Memphis Law Review 167 (Fall, 2018) |
I. Introduction. 167 II. Social Inequality and the Structure of Health Disparities. 170 III. How Poverty and Racism Intersect to Produce Health Injustice. 175 IV. Health Disparities and Biological v. Structural Explanations of Inequality. 178 V. Conclusion. 181 |
2018 |
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| Etienne C. Toussaint |
THE NEW GOSPEL OF WEALTH: ON SOCIAL IMPACT BONDS AND THE PRIVATIZATION OF PUBLIC GOOD |
56 Houston Law Review 153 (Fall, 2018) |
Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of the Rich and the Poor, as termed... |
2018 |
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| Katherine Macfarlane |
THE NEW JIM CROW'S EQUAL PROTECTION POTENTIAL |
27 William & Mary Bill of Rights Journal 61 (October, 2018) |
In 1954, the Supreme Court's Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson's separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative... |
2018 |
|
| Meshea L. Poore, President, The West Virginia State Bar |
THE POWER OF ONE |
2018-WTR West Virginia Lawyer 6 (Winter, 2017-2018) |
With everything that is going on in this world from earthquakes to hurricanes; forest fires to flooding; mass incarceration to mass shootings; racial profiling to domestic terrorism all the way to politics pitting fellow Americans against fellow Americans it is vitally important that we understand and embrace the individual power we possess to... |
2018 |
Yes |
| Valerie Schneider |
THE PRISON TO HOMELESSNESS PIPELINE: CRIMINAL RECORD CHECKS, RACE, AND DISPARATE IMPACT |
93 Indiana Law Journal 421 (Spring, 2018) |
Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism, yet those with criminal records--a population that disproportionately consists of racial minorities--are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the... |
2018 |
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| Elizabeth Jones |
THE PROFITABILITY OF RACISM: DISCRIMINATORY DESIGN IN THE CARCERAL STATE |
57 University of Louisville Law Review 61 (2018) |
The name Kalief Browder is familiar to many. Beginning at age sixteen, Browder was incarcerated on Riker's Island, where he spent most of his time in solitary confinement. Browder remained in detention due to his family's financial inability to post bail for the theft of a backpack, a charge that was later dismissed. After his release, he... |
2018 |
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| Toussaint Losier |
THE RISE AND FALL OF THE 1969 CHICAGO JOBS CAMPAIGN: STREET GANGS, COALITION POLITICS, AND THE ORIGINS OF MASS INCARCERATION |
49 University of Memphis Law Review 101 (Fall, 2018) |
I. Introduction. 101 II. The Politics of Street Gangs and Coalition Building. 109 III. The Rise of the Chicago Jobs Campaign. 117 IV. The Fall of the Chicago Jobs Campaign. 124 V. Conclusion. 134 |
2018 |
Yes |
| Cedric Merlin Powell |
THE STRUCTURAL DIMENSIONS OF RACE: LOCK UPS, SYSTEMIC CHOKEHOLDS, AND BINARY DISRUPTIONS |
57 University of Louisville Law Review 7 (2018) |
Disrupting traditional conceptions of structural inequality, state decision-making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman Jr.'s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler's evocative and transformative book, Chokehold. While both books grapple... |
2018 |
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| Alexa Van Brunt, Locke E. Bowman |
TOWARD A JUST MODEL OF PRETRIAL RELEASE: A HISTORY OF BAIL REFORM AND A PRESCRIPTION FOR WHAT'S NEXT |
108 Journal of Criminal Law and Criminology 701 (Fall, 2018) |
The criminal justice system is in the midst of the third wave of bail reform in the United States. The current movement aims to end the ingrained practices of wealth-based discrimination in pretrial administration. The authors--civil rights attorneys who have litigated the issue of cash bond in Cook County, Illinois--have been on the front lines... |
2018 |
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| Amna A. Akbar |
TOWARD A RADICAL IMAGINATION OF LAW |
93 New York University Law Review 405 (June, 2018) |
In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... |
2018 |
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| Gerald P. López |
TRANSFORM--DON'T JUST TINKER WITH--LEGAL EDUCATION (PART II) |
24 Clinical Law Review 247 (Spring, 2018) |
Part II of this two-part article presents the Alternative Vision of legal education discernible in the best of clinical legal education--not as a supplement to the at-best-status-quo-plus model that still dominates legal education, but as a complete substitute ready now for a full roll-out. This Vision defines, in ambitious intellectual and... |
2018 |
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| Shristi Devu |
TRAPPED IN THE SHACKLES OF AMERICA'S CRIMINAL JUSTICE SYSTEM |
20 Scholar: St. Mary's Law Review on Race and Social Justice 217 (2018) |
Communities can be destroyed by both crime and punishment. --Paul Butler I. Historical Background. 219 II. The Law as a Weapon. 221 A. The Criminal Justice System and the War on Drugs. 222 1. The 3 Strikes Laws. 223 2. Mandatory Minimum Sentencing. 224 B. Prosecutorial Discretion. 225 III. Collateral Consequences. 225 A. Employment. 226 B.... |
2018 |
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| Jennifer M. Chacón |
UNSETTLING HISTORY CITY OF INMATES: CONQUEST, REBELLION, AND THE RISE OF HUMAN CAGING IN LOS ANGELES, 1771-1965. BY KELLY LYTLE HERNÁNDEZ. CHAPEL HILL, N.C.: UNIVERSITY OF NORTH CAROLINA PRESS. 2017. PP. 301. $28.00 |
131 Harvard Law Review 1078 (February, 2018) |
At the time she set out to write City of Inmates, Professor Kelly Lytle Hernández wanted to tell the story of the long rise of incarceration in Los Angeles (p. 1). As a Los Angeles-based scholar, she was understandably drawn to study the question of how it was that Los Angeles came to operate[] the world's largest jail system. How did it come... |
2018 |
|
| Chaz Arnett |
VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND THE ADULTIFICATION OF JUVENILE COURTS |
108 Journal of Criminal Law and Criminology 399 (Summer, 2018) |
In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander's groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening,... |
2018 |
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| Darren Lenard Hutchinson |
WHO LOCKED US UP? EXAMINING THE SOCIAL MEANING OF BLACK PUNITIVENESS: LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA: BY JAMES FORMAN, JR. FARRAR, STRAUS AND GIROUX, 2017 |
127 Yale Law Journal 2388 (June, 2018) |
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... |
2018 |
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| Sara Mayeux |
YOUTH AND PUNISHMENT AT THE ROBERTS COURT |
21 University of Pennsylvania Journal of Constitutional Law 543 (December, 2018) |
Scholars are divided on how to assess the Supreme Court's recent trio of juvenile life-without-parole (LWOP) cases. Some extol the cases as exemplars of the Court's moral leadership, heralding a revolution in juvenile justice and perhaps also auguring shifts in the Court's jurisprudence of adult punishment. Others are more pessimistic,... |
2018 |
|
| David Schlussel |
"THE MELLOW POT-SMOKER": WHITE INDIVIDUALISM IN MARIJUANA LEGALIZATION CAMPAIGNS |
105 California Law Review 885 (June, 2017) |
Recreational marijuana is now legal in several states as a result of ballot initiative campaigns. A number of campaigns have framed marijuana legalization using what this Note calls white individualism. They have put forth messages and images to implicitly suggest that white, hardworking, middle-class marijuana consumers are deserving... |
2017 |
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| Mirko Bagaric, Sandeep Gopalan, Marissa R. Florio |
A PRINCIPLED STRATEGY FOR ADDRESSING THE INCARCERATION CRISIS: REDEFINING EXCESSIVE IMPRISONMENT AS A HUMAN RIGHTS ABUSE |
38 Cardozo Law Review 1663 (June, 2017) |
In July 2015, Barack Obama became the first sitting U.S. President to visit a U.S. prison. The visit was largely symbolic. What is not symbolic is the reason for the visit. Sentencing policy and practice in the United States is fundamentally broken, to the point that it is an intellectual and normative wasteland. This has resulted in the United... |
2017 |
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| R. Danielle Burnette |
AMERICAN HYPOCRISY: HOW THE UNITED STATES' SYSTEM OF MASS INCARCERATION AND POLICE BRUTALITY FAIL TO COMPLY WITH ITS OBLIGATIONS UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
45 Georgia Journal of International and Comparative Law 571 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 573 II. The Shooting of Michael Brown and Racial Discrimination in the Criminal Justice System. 575 A. Mike Brown + Police Brutality. 575 B. Racial Discrimination. 578 1. Racial Profiling. 578 2. Disparate Incarceration and Sentencing. 580 C. Failure to Indict Police. 582 III. International and Domestic Law.... |
2017 |
Yes |
| Michele C. Nielsen |
BEYOND PREA: AN INTERDISCIPLINARY FRAMEWORK FOR EVALUATING SEXUAL VIOLENCE IN PRISONS |
64 UCLA Law Review 230 (January, 2017) |
This Comment brings together scholarship from feminists, criminal justice reformers, and social theorists to understand sexual violence in carceral settings and to evaluate reforms to prevent rape in prisons and jails. After introducing the sexual nature of modern incarceration itself, the Comment explains a framework for understanding prison and... |
2017 |
|
| Allegra M. McLeod |
BEYOND THE CARCERAL STATE CAUGHT: THE PRISON STATE AND THE LOCKDOWN OF AMERICAN POLITICS. BY MARIE GOTTSCHALK. PRINCETON, NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2015. 502 PAGES. $35.00 |
95 Texas Law Review 651 (February, 2017) |
The vast expansion of carceral control in the United States is the subject of a compelling body of scholarship, but efforts to decarcerate have received relatively little attention. One of the few studies to focus in depth on the prospects of carceral reform, political scientist Marie Gottschalk's brilliant and unsettling book, Caught: The Prison... |
2017 |
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| |
BOOKER, JUDGES, AND MASS INCARCERATION |
2017 Federal Sentencing Reporter 1948195 (April 1, 2017) |
The most pressing issue facing criminal justice reformers today is mass incarceration. As a result of the move toward longer prison sentences, of which the Sentencing Reform Act (SRA) and the Federal Sentencing Guidelines (the guidelines) were an important part, the United States now incarcerates so many people that it has become an outlier not... |
2017 |
Yes |
| Jamillah Bowman Williams |
BREAKING DOWN BIAS: LEGAL MANDATES vs. CORPORATE INTERESTS |
92 Washington Law Review 1473 (October, 2017) |
Bias and discrimination continue to limit opportunities and outcomes for racial minorities in American institutions in the twenty-first century. The diversity rationale, touting the broad benefits of inclusion, has become widely accepted by corporate employers, courts, and universities. At the same time, many view a focus on... |
2017 |
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| Rebecca Sharpless |
COSMOPOLITAN DEMOCRACY AND THE DETENTION OF IMMIGRANT FAMILIES |
47 New Mexico Law Review 19 (Winter, 2017) |
July 10, 2014: [O]ur message to [people who unlawfully cross the Mexican border with their children] is simple: We will send you back. We are building additional space to detain [families] and hold them until their expedited removal orders are effectuated. Jeh Johnson, Secretary of the U.S. Department of Homeland Security June 24, 2015: I have... |
2017 |
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| Valeria Vegh Weis |
CRIMINAL SELECTIVITY IN THE UNITED STATES: A HISTORY PLAGUED BY CLASS & RACE BIAS |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The United States is at a pivotal moment in terms of rethinking class and racial inequality within the criminal justice system. However, there is a lack of shared conceptual tools to frame this debate. First, there is no clear or comprehensive theoretical tool to describe, categorize, or analyze class and racial inequality throughout the criminal... |
2017 |
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| Cortney E. Lollar |
CRIMINALIZING PREGNANCY |
92 Indiana Law Journal 947 (Summer, 2017) |
The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by... |
2017 |
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| Katheryn Russell-Brown |
CRITICAL BLACK PROTECTIONISM, BLACK LIVES MATTER, AND SOCIAL MEDIA: BUILDING A BRIDGE TO SOCIAL JUSTICE |
60 Howard Law Journal 367 (Winter, 2017) |
INTRODUCTION. 368 I. THE DEVELOPMENT AND EVOLUTION OF BLACK PROTECTIONISM: AN OVERVIEW. 372 II. HOW BLACK PROTECTIONISM OPERATES. 376 III. CONTEMPORARY CASES. 384 A. Hey, Hey, Hey: The Cosby Cases. 386 B. Ray Rice. 390 C. Adrian Peterson. 392 D. Jameis Winston. 392 E. Chris Brown (& Rihanna). 394 F. Michael Vick. 395 G. Analysis and Application... |
2017 |
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| Kelsey D. Russell |
CRUEL AND UNUSUAL CONSTRUCTION: THE EIGHTH AMENDMENT AS A LIMIT ON BUILDING PRISONS ON TOXIC WASTE SITES |
165 University of Pennsylvania Law Review 741 (February, 2017) |
Over the last four decades, the United States has witnessed the emergence of a leviathan prison industrial complex. Eager to restore stagnating economies previously driven by coal-mining operations, many rural communities sought to take advantage of this prison-building boom through bids for facility construction contracts. As a result, a startling... |
2017 |
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| Dorothy E. Roberts |
DEMOCRATIZING CRIMINAL LAW AS AN ABOLITIONIST PROJECT |
111 Northwestern University Law Review 1597 (2017) |
The criminal justice system currently functions to exclude black people from full political participation. Myriad institutions, laws, and definitions within the criminal justice system subordinate and criminalize black people, thereby excluding them from electoral politics, and depriving them of material resources, social networks, family... |
2017 |
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| Rebecca Sharpless |
FINALLY, A TRUE ELEMENTS TEST: MATHIS V. UNITED STATES AND THE CATEGORICAL APPROACH |
82 Brooklyn Law Review 1275 (Spring, 2017) |
The fate of defendants facing lengthy federal sentences based on recidivism often turns on what the U.S. Supreme Court calls the categorical approach. This methodology dictates whether a prior conviction can serve as a predicate for imposing a longer, or enhanced, federal sentence. Federal defendants might serve an additional decade, or longer, in... |
2017 |
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| Carl Takei |
FROM MASS INCARCERATION TO MASS CONTROL, AND BACK AGAIN: HOW BIPARTISAN CRIMINAL JUSTICE REFORM MAY LEAD TO A FOR-PROFIT NIGHTMARE |
20 University of Pennsylvania Journal of Law and Social Change 125 (2017) |
Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If progressive advocates rely solely on this alliance... |
2017 |
Yes |
| Jonathan Simon |
IS MASS INCARCERATION HISTORY? FROM THE WAR ON POVERTY TO THE WAR ON CRIME: THE MAKING OF MASS INCARCERATION IN AMERICA. BY ELIZABETH HINTON. CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS, 2016. 464 PAGES. $29.95 |
95 Texas Law Review 1077 (April, 2017) |
Introduction: The End of Mass Incarceration The Owl of Minerva spreads its wings only with the falling of the dusk. Despite Hegel's ultimately reassuring premise, it never seemed inevitable that the emergence of mass incarceration as a proper historical subject would occur simultaneously with its institutional and political demise. History, as a... |
2017 |
Yes |
| Courtney Harper Turkington |
LOUISIANA'S ADDICTION TO MASS INCARCERATION BY THE NUMBERS |
63 Loyola Law Review 557 (Fall, 2017) |
I. INTRODUCTION. 557 II. THE HISTORY AND CURRENT STATE OF THE WAR ON DRUGS. 559 A. The Fabrication of a Drug and Racial Threat. 559 B. Public Belief in the Drug Threat and the Subsequent Marginalization of Minorities. 562 C. Impact of Successive Administrations' War on Drugs. 563 III. MASS INCARCERATION IN LOUISIANA: THE WORLD'S PRISON CAPITAL. 566... |
2017 |
Yes |
| Avlana K. Eisenberg |
MASS MONITORING |
90 Southern California Law Review 123 (January, 2017) |
Business is booming for criminal justice monitoring technology: these days ankle bracelet refers as often to an electronic monitor as to jewelry. Indeed, the explosive growth of electronic monitoring (EM) for criminal justice purposes--a phenomenon which this Article terms mass monitoring--is among the most overlooked features of the... |
2017 |
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| Lissa Griffin , Ellen Yaroshefsky |
MINISTERS OF JUSTICE AND MASS INCARCERATION |
30 Georgetown Journal of Legal Ethics 301 (Spring, 2017) |
Over the past few years, scholars, legislators, and politicians have come to recognize that our current state of mass incarceration is the result of serious dysfunction in our criminal justice system. As a consequence, there has been significant attention to the causes of mass incarceration. These include the war on drugs and political decisions... |
2017 |
Yes |
| Evangeline Dech |
NONPROFIT ORGANIZATIONS: HUMANIZING IMMIGRATION DETENTION |
53 California Western Law Review 219 (Spring, 2017) |
C1-2Table of Contents Introduction. 219 I. A History of Immigration Detention. 223 A. Ellis Island. 223 B. Immigration Regulation as a Means of Racial Discrimination. 224 C. From Mass Incarceration of Minorities to Mass Immigration Detention. 227 II. Private Prison Companies Take Over Immigration Detention Centers. 231 III. Problems with Both... |
2017 |
Yes |
| Guyora Binder , Ben Notterman |
PENAL INCAPACITATION: A SITUATIONIST CRITIQUE |
54 American Criminal Law Review 1 (Winter, 2017) |
Objects or ends of penal justice .: 1st, Example--prevention of similar offences . by the repulsive influence exercised on the minds of bystanders by the apprehension of similar suffering in case of similar delinquency. 2dly, Reformation--prevention of similar offences on the part of the particular individual punished . by curing him of the will to... |
2017 |
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POLICE IN AMERICA: ENSURING ACCOUNTABILITY AND MITIGATING RACIAL BIAS |
11 Northwestern Journal of Law & Social Policy 385 (Fall, 2017) |
KEYNOTE ADDRESS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015. KEYNOTE SPEAKER: MR. PAUL BUTLER, Professor of Law, Georgetown University Law Center (Washington, D.C.). PROFESSOR BEDI: Okay. Welcome back, everybody. We are going to get started with... |
2017 |
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| Monica C. Bell |
POLICE REFORM AND THE DISMANTLING OF LEGAL ESTRANGEMENT |
126 Yale Law Journal 2054 (May, 2017) |
In police reform circles, many scholars and policymakers diagnose the frayed relationship between police forces and the communities they serve as a problem of illegitimacy, or the idea that people lack confidence in the police and thus are unlikely to comply or cooperate with them. The core proposal emanating from this illegitimacy diagnosis is... |
2017 |
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| Angela Onwuachi-Willig |
POLICING THE BOUNDARIES OF WHITENESS: THE TRAGEDY OF BEING "OUT OF PLACE" FROM EMMETT TILL TO TRAYVON MARTIN |
102 Iowa Law Review 1113 (March, 2017) |
This Article takes what many view as an extraordinary case about racial hatred from 1955, the Emmett Till murder and trial, and analyzes it against the Trayvon Martin killing and trial outcome in 2012 and 2013. Specifically, this Article exposes one important, but not yet explored similarity between the two cases: their shared role in... |
2017 |
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| Derrick Darby , Richard E. Levy |
POSTRACIAL REMEDIES |
50 University of Michigan Journal of Law Reform 387 (Winter, 2017) |
The Supreme Court's equal protection jurisprudence is decidedly postracial. The Court has restricted the Equal Protection Clause to intentional discrimination by the government, concluding that the Constitution does not prohibit private acts of discrimination and rejecting challenges based on disparate impact, even when rigorous statistical... |
2017 |
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| Jason Kreag |
PROSECUTORIAL ANALYTICS |
94 Washington University Law Review 771 (2017) |
The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable as a result of limited constitutional regulation and the fact that it is increasingly exercised in private and semi-private settings as the system has become more administrative and less... |
2017 |
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