| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Jennifer M. Chacón |
PRODUCING LIMINAL LEGALITY |
92 Denver University Law Review 709 (2015) |
Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating. These legal categories function simultaneously as a means to effectuate administrative resource conservation through community-oriented risk management strategies and as a form of preservation through transformation that enable governmental actors to... |
2015 |
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| Donald A. Dripps |
RACE AND CRIME SIXTY YEARS AFTER BROWN V. BOARD OF EDUCATION |
52 San Diego Law Review 899 (November 1, 2015) |
I. Disparate Rates of Offending. 902 II. Proactive vs. Reactive Policing. 904 III. New Directions. 908 IV. Conclusion. 911 Sixty years after the Supreme Court declared that the doctrine of separate but equal has no place in American public life, 549,100 African-Americans are serving time in state or federal penitentiaries. They comprise 36% of... |
2015 |
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| Natsu Taylor Saito |
RACE AND DECOLONIZATION: WHITENESS AS PROPERTY IN THE AMERICAN SETTLER COLONIAL PROJECT |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... |
2015 |
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| Khiara M. Bridges |
RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL |
24 Southern California Interdisciplinary Law Journal 607 (Summer 2015) |
RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL. 607 I. INTRODUCTION. 609 II. THE (IMAGINED) DANGERS OF USING RACE IN LAW. 615 A. The Injury of Racial Classifications: The Denial of Individuality. 617 B. Race: Individuating or Deindividuating?. 619 1. The Case for the... |
2015 |
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| Paul Filippelli |
REACTION TO "THE OLD BOSS THE SAME AS THE NEW BOSS?: CRITIQUES AND PLAUDITS OF MICHELLE ALEXANDER'S NEW JIM CROW METAPHOR" |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 199 (Spring, 2015) |
Jonathan Wood's note exploring the strengths and weaknesses in Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, offers much-needed insight into aspects that have not often been discussed in the debate on mass incarceration. Alexander's book has gained national attention by comparing incarceration of... |
2015 |
Yes |
| Robert M. Franklin, James T. and Berta R. Laney Professor in Moral Leadership, Candler School of Theology |
REHABILITATING DEMOCRACY: RESTORING CIVIL RIGHTS AND LEADING THE NEXT HUMAN RIGHTS REVOLUTION |
30 Journal of Law and Religion 414 (October, 2015) |
This article describes the culture of activist black Christian congregations that propelled campaigns to dismantle legalized racial segregation and advocate for equal justice. Historically, as the imperfections of American democracy were exposed, the most marginal people in the society acted persistently and repeatedly to extend the benefits of... |
2015 |
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| |
RISK AS A PROXY FOR RACE: THE DANGERS OF RISK ASSESSMENT |
2015 Federal Sentencing Reporter 1911735 (April 1, 2015) |
Actuarial risk assessment in the implementation and administration of criminal sentencing has a long history in this countrya long and fraught history. Today, many progressive advocates promote the use of actuarial risk assessment instruments as part of a strategy to reduce the problem of mass incarceration. Former Attorney General Eric Holder... |
2015 |
Yes |
| Brennan T. Hughes |
STRICTLY TABOO: CULTURAL ANTHROPOLOGY'S INSIGHTS INTO MASS INCARCERATION AND VICTIMLESS CRIME |
41 New England Journal on Criminal and Civil Confinement 49 (Winter, 2015) |
Crime and criminals both fascinate and repel. By violating the rule of law, criminals offend that which is holy to the modern American secular society. The concept of crime thus embodies aspects of what cultural anthropologists call taboo. This paper will touch on some of the darkest and strangest areas of criminal law and the human psyche, from... |
2015 |
Yes |
| Ronald P. Corbett, Jr. |
THE BURDENS OF LENIENCY: THE CHANGING FACE OF PROBATION |
99 Minnesota Law Review 1697 (May, 2015) |
Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. On August 13,... |
2015 |
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| Charles R. Lawrence III |
THE FIRE THIS TIME: BLACK LIVES MATTER, ABOLITIONIST PEDAGOGY AND THE LAW |
65 Journal of Legal Education 381 (November, 2015) |
It seems as if I have been teaching Ferguson all of my adult life. In the fall of 1964 I applied to Yale Law School, and the admissions office encouraged me to supplement my written application with an interview. As I rode a Greyhound bus to New Haven I read James Baldwin's The Fire Next Time, a paperback copy purchased for seventy-five cents... |
2015 |
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| Ifeoma Ajunwa |
THE MODERN DAY SCARLET LETTER |
83 Fordham Law Review 2999 (May, 2015) |
The stigma gone, Hester heaved a long, deep sigh, in which the burden of shame and anguish departed from her spirit. O exquisite relief! She had not known the weight, until she felt the freedom! American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to... |
2015 |
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| Lisa Chaiet, J.D., 2016 (U.C. Berkeley) |
THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS. MICHELLE ALEXANDER. THE NEW PRESS, 2011. 296 PAGES. |
36 Berkeley Journal of Employment and Labor Law 261 (2015) |
In The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander argues that the current American criminal justice system--from first-time traffic stops to post-incarceration felony laws--is a system of legalized racial control, analogous in many ways to southern Jim Crow laws. She aims to show that if mass incarceration is... |
2015 |
Yes |
| Jonathan Wood |
THE OLD BOSS THE SAME AS THE NEW BOSS?: CRITIQUES AND PLAUDITS OF MICHELLE ALEXANDER'S NEW JIM CROW METAPHOR |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 175 (Spring, 2015) |
New prejudices will serve as well as old ones to harness the great unthinking masses. Michelle Alexander is the most well-known of the numerous critics who have recently decried America's policy of mass incarceration. It is unquestionably true that crime enforcement has had a devastating impact on the African-American community and has created... |
2015 |
Yes |
| Cecelia Klingele |
THE PROMISES AND PERILS OF EVIDENCE-BASED CORRECTIONS |
91 Notre Dame Law Review 537 (December, 2015) |
Public beliefs about the best way to respond to crime change over time, and have been doing so at a rapid pace in recent years. After more than forty years of ever more severe penal policies, the punitive sentiment that fueled the growth of mass incarceration in the United States appears to be softening. Across the country, prison growth has slowed... |
2015 |
Yes |
| Mark R. Fondacaro , Stephen Koppel , Megan J. O'Toole , Joanne Crain |
THE REBIRTH OF REHABILITATION IN JUVENILE AND CRIMINAL JUSTICE: NEW WINE IN NEW BOTTLES |
41 Ohio Northern University Law Review 697 (2015) |
These are indeed exciting times for those of us interested in the reform of our juvenile and adult criminal justice systems. Innovation is in the air among legal scholars, behavioral scientists, and both legal and clinical practitioners. Not many in the legal and scientific communities seem satisfied with the status quo. Fresh thinking and new... |
2015 |
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| Stephen B. Bright |
THE ROLE OF RACE, POVERTY, INTELLECTUAL DISABILITY, AND MENTAL ILLNESS IN THE DECLINE OF THE DEATH PENALTY |
49 University of Richmond Law Review 671 (March, 2015) |
Capital punishment is a difficult and sensitive topic because it involves terrible tragedies, the murder of innocent people, loss and suffering, and the passions of the moment. It is used in only a very small percentage of cases in which it could be imposed and is currently in decline. Six states have recently abandoned it, and the number of death... |
2015 |
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| Starla J. Williams |
VIOLENCE AGAINST POOR AND MINORITY WOMEN & THE CONTAINMENT OF CHILDREN OF COLOR: A RESPONSE TO DOROTHY E. ROBERTS |
24 Widener Law Journal 289 (2015) |
Defend the poor and fatherless: do justice to the afflicted and needy. On Friday, August 1, 2014--as I reflected on my remarks for this symposium-- an eight-year-old, little boy was found dead in his home two doors down from my house on Green Street. His mother and father were taken into custody by the Harrisburg police as his five brothers and... |
2015 |
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| Nicole Smith Futrell |
VULNERABLE, NOT VOICELESS: OUTSIDER NARRATIVE IN ADVOCACY AGAINST DISCRIMINATORY POLICING |
93 North Carolina Law Review 1597 (June, 2015) |
L1-2Introduction . L31598 I. The Promise of Outsider Narrative in Combating Marginalization. 1605 A. Narratives Reveal and Counter Assumptions. 1607 B. Narratives Enrich and Connect Advocacy Efforts. 1609 1. Outsider Narratives in Legal Advocacy. 1610 2. Connections Between Legal and Nonlegal Advocacy. 1613 II. Using Outsider Narratives: The... |
2015 |
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| Donna Coker, Ahjané D. Macquoid |
WHY OPPOSING HYPER-INCARCERATION SHOULD BE CENTRAL TO THE WORK OF THE ANTI-DOMESTIC VIOLENCE MOVEMENT |
5 University of Miami Race & Social Justice Law Review 585 (Summer, 2015) |
I. Introduction. 586 A. The Rise of the Carceral State. 587 B. The U.S. Movement to End Domestic Violence and the Criminalization Agenda. 591 C. The Anti-Domestic Violence Movement Response to Neoliberal Policies. 593 II. Harms of Hyper-Incarceration. 597 A. Collateral Consequences. 599 B. Prison Violence, Mental Health, and Destructive... |
2015 |
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| Elizabeth M. Vasily |
WOMEN, GANGS, AND LAW ENFORCEMENT IN AMERICA: A CRITICAL RACE AND FEMINIST ANALYSIS |
7 Georgetown Journal of Law & Modern Critical Race Perspectives 319 (Fall, 2015) |
When covering the problem of American street violence, the media has primarily focused on violence impacting black men. However, the media often ignores the thousands of black women behind the scenes who are abused, degraded, and struggling to survive in violent communities. Not only are these black women collateral damage of the gang culture in... |
2015 |
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| Christopher Doty |
"BECAUSE OF SUCH INDIVIDUAL'S RACE": EMPLOYERS' USE OF CRIMINAL RECORDS AS UNLAWFUL EMPLOYMENT DISCRIMINATION |
44 Cumberland Law Review 79 (2013-2014) |
Like millions of other Americans in the last few years, the man that enters the department store is searching for steady employment. From his limited research on the retailer, he believes that he holds the job skills, education, and qualifications to perform the duties of the available positions the store currently offers. The sales clerk behind... |
2014 |
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| Professor Donna Coker |
"STAND YOUR GROUND" IN CONTEXT: RACE, GENDER, AND POLITICS UNIVERSITY OF MIAMI LAW REVIEW ELEVENTH CIRCUIT ISSUE "STAND YOUR GROUND" LAWS |
68 University of Miami Law Review 943 (Summer 2014) |
Florida's self-defense law, commonly known as Stand Your Ground (SYG), has been the subject of extraordinary debate, both popular and scholarly. SYG was the subject of hearings conducted by the Senate Judiciary Committee, the United Nations Human Rights Committee, and the Inter-American Commission on Human Rights; the focus of a new American... |
2014 |
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| Mark Osler, Judge Mark W. Bennett |
A "HOLOCAUST IN SLOW MOTION?" AMERICA'S MASS INCARCERATION AND THE ROLE OF DISCRETION |
7 DePaul Journal for Social Justice 117 (Spring 2014) |
I. Introduction. 118 II. The Mass Incarceration Explosion. 121 A. A brief overview of federal sentencing. 121 B. The staggering metrics of mass incarceration. 124 C. The staggering effects of mass incarceration. 127 III. Congress and Discretion. 129 A. Congress and sentencing: obsession and inaction. 129 B. The roots of congressional attention and... |
2014 |
Yes |
| Abbe Smith |
A CALL TO ABOLISH PEREMPTORY CHALLENGES BY PROSECUTORS |
27 Georgetown Journal of Legal Ethics 1163 (Fall, 2014) |
Today in America, there is perhaps no arena of public life or governmental administration where racial discrimination is more widespread, apparent, and seemingly tolerated than in the selection of juries. Nearly 135 years after Congress enacted the 1875 Civil Rights Act . [there are] counties where prosecutors have excluded nearly 80% of African... |
2014 |
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| Mark W. Bennett |
A SLOW MOTION LYNCHING? THE WAR ON DRUGS, MASS INCARCERATION, DOING KIMBROUGH JUSTICE, AND A RESPONSE TO TWO THIRD CIRCUIT JUDGES |
66 Rutgers Law Review 873 (Summer 2014) |
A federal district court judge who has sentenced more than 4000 defendants reflects on federal sentencing and its role in mass incarceration. The focus of the article is on federal sentencing in crack cocaine cases and policy disagreements with the United States Sentencing Guidelines (Guidelines) in drug trafficking cases. The article explores the... |
2014 |
Yes |
| Hadar Aviram |
ARE PRIVATE PRISONS TO BLAME FOR MASS INCARCERATION AND ITS EVILS? PRISON CONDITIONS, NEOLIBERALISM, AND PUBLIC CHOICE |
42 Fordham Urban Law Journal 411 (December, 2014) |
One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical-ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the... |
2014 |
Yes |
| William M. Wiecek , Judy L. Hamilton |
BEYOND THE CIVIL RIGHTS ACT OF 1964: CONFRONTING STRUCTURAL RACISM IN THE WORKPLACE |
74 Louisiana Law Review 1095 (Summer, 2014) |
Since 1967, sociologists have produced a compelling body of literature on structural racism that explains why severe racial disparities persist throughout American society in all social domains: employment, education, residential patterns, wealth accumulation, and so on. Structural racism perpetuates the effects of past, overt discrimination... |
2014 |
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| Marissa Jackson |
CROSSING THE BRIDGE: AFRICAN-AMERICANS AND THE NECESSITY OF A 21ST CENTURY HUMAN RIGHTS MOVEMENT |
5 Human Rights & Globalization Law Review 56 (Fall, 2013-Spring, 2014) |
We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you're fighting on the level of civil rights, you're under Uncle Sam's jurisdiction. You're going to his court expecting him to correct the problem. He created the problem. He's the criminal.... |
2014 |
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| Aliza Cover |
CRUEL AND INVISIBLE PUNISHMENT: REDEEMING THE COUNTER-MAJORITARIAN EIGHTH AMENDMENT |
79 Brooklyn Law Review 1141 (Spring, 2014) |
Our criminal justice system is in constitutional crisis--a crisis that the courts have yet to recognize. Over the past generation, America has waged an increasingly punitive war on crime, and the casualties of that war have been disproportionately people of color. Even a casual observer of the American system of punishment would be struck by its... |
2014 |
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| Robin Walker Sterling |
DEFENSE ATTORNEY RESISTANCE |
99 Iowa Law Review 2245 (July, 2014) |
Introduction. 2246 I. The Criminal Justice System as Status Regime Modernization. 2251 II. Barriers to the Vindication of Race-Based Challenges. 2255 III. Reconceptualizing the Role of the Public Defender. 2263 A. Pre-Trial. 2265 1. Motion to Dismiss in the Interests of Justice (or, in Juvenile Cases, in the Best Interests of the Child). 2265 2.... |
2014 |
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| Janet Moore |
DEMOCRACY ENHANCEMENT IN CRIMINAL LAW AND PROCEDURE |
2014 Utah Law Review 543 (Summer 2014) |
There is a democracy deficit at the intersection of crime, race, and poverty. The causes and consequences of hyperincarceration disproportionately affect those least likely to mount an effective oppositional politics: poor people and people of color. This Article breaks new ground by arguing that the democracy deficit calls for a... |
2014 |
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| |
ENDING MASS INCARCERATION IS A MORAL IMPERATIVE |
2014 Federal Sentencing Reporter 4745529 (April 1, 2014) |
The movement to name, blame, and shame mass incarceration has arguably achieved considerable success in just the last few years. The idea of putting more people in prison as a way to bring security and social order to American cities has largely run its course, and prison is now seen for the first time in decades as itself a social problem, at... |
2014 |
Yes |
| Neelum Arya |
FAMILY-DRIVEN JUSTICE |
56 Arizona Law Review 623 (Fall, 2014) |
This Article reports the results of a qualitative research study identifying best practices for family engagement in the juvenile justice system. The typical system operates from the faulty premise that families cause their children's problems. As a result, decisions about treatments or sanctions for youth routinely fail to incorporate family... |
2014 |
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| Rebecca Sorgert |
FORGOTTEN AND ELUSIVE PARTNERS: ACADEMIC LIBRARIES AND HIGHER EDUCATION IN PRISON |
33 Saint Louis University Public Law Review 429 (2014) |
Partnerships between academic libraries and education programs are essential for student success. The need for academic libraries is accentuated when students are incarcerated. Librarian Curt Asher states that [f]or a uniquely underserved population of students-those in prison-access to academic materials can make the difference between positive... |
2014 |
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| Mirko Bagaric |
FROM ARBITRARINESS TO COHERENCY IN SENTENCING: REDUCING THE RATE OF IMPRISONMENT AND CRIME WHILE SAVING BILLIONS OF TAXPAYER DOLLARS |
19 Michigan Journal of Race and Law 349 (Spring, 2014) |
Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights... |
2014 |
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| Kathy Boudin |
HOPE, ILLUSION AND IMAGINATION: THE POLITICS OF PAROLE AND REENTRY IN THE ERA OF MASS INCARCERATION |
38 New York University Review of Law and Social Change 563 (2014) |
I. Looking Backward and Not Forgetting. 563 II. The Parole System, Longtermersand the Paradigm of Punishment. 566 A. A Story. 566 B. What is the System of Parole in New York State?. 567 C. Beyond New York: Parole Policies in Other States. 568 1. The Experience of the Parole Hearing in New York State. 569 2. After the Parole Hearing. 570 III. Three... |
2014 |
Yes |
| Gerald P. López |
HOW MAINSTREAM REFORMERS DESIGN AMBITIOUS REENTRY PROGRAMS DOOMED TO FAIL AND DESTINED TO REINFORCE TARGETED MASS INCARCERATION AND SOCIAL CONTROL |
11 Hastings Race and Poverty Law Journal 1 (Winter 2014) |
Introduction. 3 I. Basic Histories and Descriptions. 4 A. Operation Targeted Mass Incarceration and Social Control. 4 B. Council of State Governments' Reentry Policy Council. 11 II. Summary of the Reentry Policy Council Report. 16 The Report. 18 A Brief Overview. 18 Framing The Problem. 19 Part I: Planning a Reentry Initiative. 20 A. Convening the... |
2014 |
Yes |
| Issa Kohler-Hausmann |
MANAGERIAL JUSTICE AND MASS MISDEMEANORS |
66 Stanford Law Review 611 (March, 2014) |
In the mid-1990s New York City inaugurated its era of mass misdemeanors by pioneering policing tactics featuring intensive enforcement against low-level offenses as part of its quality-of-life and urban crime control strategy. These tactics have since spread across the country and around the globe. But the New York City experiment embarrasses our... |
2014 |
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| Russell K. Robinson |
MARRIAGE EQUALITY AND POSTRACIALISM |
61 UCLA Law Review 1010 (May, 2014) |
When California's Proposition 8 (Prop. 8) eliminated the right to marry a person of the same sex, it aggravated a fissure between the black community and the gay community. Though Prop. 8 had nothing to do with race on the surface, the controversy that followed its passage was charged with racial blame. This Article uses the Prop. 8 controversy,... |
2014 |
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| Aya Gruber |
MURDER, MINORITY VICTIMS, AND MERCY |
85 University of Colorado Law Review 129 (Winter 2014) |
Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding no. Theorists argue that criminal laws should... |
2014 |
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| Andrea C. Armstrong |
NO PRISONER LEFT BEHIND? ENHANCING PUBLIC TRANSPARENCY OF PENAL INSTITUTIONS |
25 Stanford Law and Policy Review 435 (2014) |
Prisoners suffer life-long debilitating effects from their incarceration, making them a subordinated class of people for life. This Article examines how prison conditions facilitate the creation and maintenance of a permanent underclass and concludes that enhancing transparency is the first step towards equality. Anti-subordination efforts led to... |
2014 |
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| Anthony V. Alfieri |
OBJECTING TO RACE |
27 Georgetown Journal of Legal Ethics 1129 (Fall, 2014) |
You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you--a light bulb doesn't go off in your head and say, This is a drug deal? C1-3Table of Contents I. Defining Race Talk. 1132 A. COLORBLIND, COLOR-CODED, AND COLOR-CONSCIOUS RACE TALK. 1136 B. CALHOUN V. UNITED STATES. 1138 II. Exploiting Race... |
2014 |
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| Nancy A. Heitzeg, Ph.D. , St. Catherine University |
ON THE OCCASION OF THE 50 ANNIVERSARY OF THE CIVIL RIGHTS ACT OF 1964: PERSISTENT WHITE SUPREMACY, RELENTLESS ANTI-BLACKNESS, AND THE LIMITS OF THE LAW |
36 Hamline Journal of Public Law and Policy 54 (Fall, 2014) |
White supremacy - once writ large in the law via slavery and Jim Crow segregation--was removed from its legalized pedestal with the Civil Rights Act of 1964, The Voting Rights Act of 1965 and finally, The Fair Housing Act of 1968. The law became raceneutral and it now suddenly was illegal to discriminate on the basis on race--in housing,... |
2014 |
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| Harvey Gee |
PLACING LIMITATIONS ON THE GOVERNMENT'S INDEFINITE DETENTION OF IMMIGRATION DETAINEES AFTER RODRIGUEZ |
17 Gonzaga Journal of International Law 1 (April 14, 2014) |
I. Introduction II. Rodriguez v. Robbins III. Post-Removal Cases A. Jurisdiction B. Removal Period C. Due Process, Removal within Six Months, and Good Faith IV. Race, Gender, And Prison Conditions V. Conclusion |
2014 |
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| Evelyn Malavé |
PRISON HEALTH CARE AFTER THE AFFORDABLE CARE ACT: ENVISIONING AN END TO THE POLICY OF NEGLECT |
89 New York University Law Review 700 (May, 2014) |
Inadequate prison health care has created a health crisis for reentering prisoners and their communities--a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any... |
2014 |
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| Melissa Hamilton |
PRISON-BY-DEFAULT: CHALLENGING THE FEDERAL SENTENCING POLICY'S PRESUMPTION OF INCARCERATION |
51 Houston Law Review 1271 (Spymposium 2014) |
The United States has earned its nickname as a mass incarceration nation. The federal criminal justice system has contributed to this status with its own increasing rate of incarceration. The federal system now ranks as the largest population of sentenced prisoners in the country; it is even larger than the national prisoner populations among all... |
2014 |
Yes |
| K. Babe Howell |
PROSECUTORIAL DISCRETION AND THE DUTY TO SEEK JUSTICE IN AN OVERBURDENED CRIMINAL JUSTICE SYSTEM |
27 Georgetown Journal of Legal Ethics 285 (Spring, 2014) |
L1-2Introduction . L3286 I. The Failure of Justice in the Lower Criminal Courts. 290 A. OVERBURDENED PROSECUTORS, DEFENDERS AND PLEA-BARGAINING IN LOWER CRIMINAL COURTS. 290 B. DISPARITIES IN LOWER COURTS: UNEQUAL JUSTICE THROUGH UNEQUAL POLICING. 296 II. The Failure to Consider Prosecutors as a Potential Ally in Addressing Racial Disparities And... |
2014 |
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| Alia Al-Khatib |
PUTTING A HOLD ON ICE: WHY LAW ENFORCEMENT SHOULD REFUSE TO HONOR IMMIGRATION DETAINERS |
64 American University Law Review 109 (October, 2014) |
Beginning in the 1980s, immigration law began to place greater emphasis on noncitizens' past criminal convictions as grounds for deportation. This shift led to the deportation of many noncitizens with strong ties to the United States. In its effort to deport noncitizens with criminal convictions, the Department of Homeland Security (DHS) has... |
2014 |
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| Paul Gowder |
RACIAL CLASSIFICATION AND ASCRIPTIVE INJURY |
92 Washington University Law Review 325 (2014) |
Slow in my blindness, with my hand I feel the contours of my face. A flash of light gets through to me. I have made out your hair, color of ash and at the same time, gold. I say again that I have lost no more than the inconsequential skin of things. These wise words come from Milton, and are noble, but then I think of letters and of roses. I think,... |
2014 |
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| Jessica Erickson |
RACIAL IMPACT STATEMENTS: CONSIDERING THE CONSEQUENCES OF RACIAL DISPROPORTIONALITIES IN THE CRIMINAL JUSTICE SYSTEM |
89 Washington Law Review 1425 (December, 2014) |
The American criminal justice system is currently suffering from a dramatic increase in mass incarceration and staggering rates of racial disproportionalities and disparities. Many facially neutral laws, policies, and practices within the criminal justice system have disproportionate impacts on minorities. Racial impact statements provide... |
2014 |
Yes |