AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Aaron J. Lyttle RETURN OF THE REPRESSED: COPING WITH POST-CONVICTION INNOCENCE CLAIMS IN WYOMING 14 Wyoming Law Review 555 (2014) L1-2Introduction . L3556 I. Who to Punish?. 558 A. Theoretical Background. 559 B. Forensic Identification. 562 1. Eyewitness Identification. 563 2. Forensic Science. 567 a. Development and Reliance on Scientific Evidence. 568 b. Forensic Science in Question. 570 II. The DNA Testing Revolution. 572 A. What is DNA?. 573 B. Technological Development... 2014  
Harvey Gee STRIVING FOR EQUAL JUSTICE: APPLYING THE FAIR SENTENCING ACT OF 2010 RETROACTIVELY 49 Wake Forest Law Review 207 (Spring 2014) A recent New York Times editorial opined that the old 100:1 crack cocaine sentencing ratio was based on faulty science, which guided assumptions about crack cocaine, and has disproportionately punished African Americans. Based on this same premise, the U.S. Sentencing Commission (Sentencing Commission) and the Obama Administration seek a 1:1... 2014  
Natsu Taylor Saito TALES OF COLOR AND COLONIALISM: RACIAL REALISM AND SETTLER COLONIAL THEORY 10 Florida A & M University Law Review 1 (Fall 2014) Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The... 2014  
Wendy A. Bach THE HYPERREGULATORY STATE: WOMEN, RACE, POVERTY, AND SUPPORT 25 Yale Journal of Law & Feminism 317 (2014) Introduction. 318 I. The Failures of Liberal Theory and the Idea of the Supportive State. 320 A. The Autonomous Subject and the Vulnerable Subject. 322 B. Towards a More Responsive State. 326 II. Hyperregulation and Poverty. 329 A. A Bit of Social Welfare History. 330 B. Privacy Deprivation and Criminalization as the Price of Support. 331 C. From... 2014  
Anders Walker THE NEW JIM CROW? RECOVERING THE PROGRESSIVE ORIGINS OF MASS INCARCERATION 41 Hastings Constitutional Law Quarterly 845 (Summer 2014) Few issues of racial injustice eclipse the mass incarceration of African Americans in the United States. According to the Pew Center on the States, one in nine black males between the ages of twenty and thirty-four is behind bars--a staggering number that has prompted scholars to draw comparisons between black imprisonment today and the legal... 2014 Yes
Dana Carver Boehm THE NEW PROSECUTOR'S DILEMMA: PROSECUTORIAL ETHICS AND THE EVALUATION OF ACTUAL INNOCENCE 2014 Utah Law Review 613 (Summer 2014) Buoyed by advances in forensic science, the number of postconviction exonerations has significantly risen in the American criminal justice system over the last twenty years. The ethical obligations of prosecutors faced with such claims, however, have not kept pace. Most efforts within district and U.S. attorneys' offices have been incremental at... 2014  
W.C. Bunting THE REGULATION OF SENTENCING DECISIONS: WHY INFORMATION DISCLOSURE IS NOT SUFFICIENT, AND WHAT TO DO ABOUT IT 70 New York University Annual Survey of American Law 41 (2014) This Article identifies a number of problems, both in practice and in theory, in what is denoted here as the information disclosure model of sentencing regulation. While the disclosure model places a lack of information at the heart of the problem of inefficient sentencing policy, the present Article explains how the problem is better understood,... 2014  
Mae Kuykendall , Charles Adside, III UNMUTING THE VOLUME: FISHER, AFFIRMATIVE ACTION JURISPRUDENCE, AND THE LEGACY OF RACIAL SILENCE 22 William & Mary Bill of Rights Journal 1011 (May, 2014) As typified by its recent decisions in Fisher v. University of Texas at Austin and Shelby County v. Holder, the Supreme Court's jurisprudence concerning race has long imposed strict judicial oversight over any use of race for the formulation of public policy. This top-down approach has invited various undesirable outcomes, the most pernicious of... 2014  
Susan R. Jones , Jacqueline Lainez , Debbie Lovinsky VIEWING VALUE CREATION BY BUSINESS LAWYERS THROUGH THE LENS OF TRANSACTIONAL LEGAL CLINICS 15 U.C. Davis Business Law Journal 49 (Fall 2014) In 1984, Professor Ronald Gilson wrote Value Creation by Business Lawyers: Legal Skills and Asset Pricing when there were only a handful of transactional legal clinics offering pro bono business legal services to real clients. Professor Gilson offered insightful observations in that seminal article that have been useful to clinicians about the... 2014  
Kimberly D. Bailey WATCHING ME: THE WAR ON CRIME, PRIVACY, AND THE STATE 47 U.C. Davis Law Review 1539 (June, 2014) The war on crime exemplifies how the deprivation of privacy makes one vulnerable to oppressive state social control. Scholars have severely criticized the war on crime's subordinating effects on poor urban people of color. The role that privacy deprivation plays in this subordination, however, has been under-theorized. This Article takes an initial... 2014  
Ariel C. Werner WHAT'S IN A NAME? CHALLENGING THE CITIZEN-INFORMANT DOCTRINE 89 New York University Law Review 2336 (December, 2014) Over the last fifty years, courts and scholars have debated the utility and reliability of informants--individuals who alert law enforcement to the occurrence of crime, point law enforcement in the direction of potential perpetrators, and help law enforcement prosecute those eventually charged. There are three primary types of criminal justice... 2014  
Molly A. Schiffer WOMEN OF COLOR AND CRIME: A CRITICAL RACE THEORY PERSPECTIVE TO ADDRESS DISPARATE PROSECUTION 56 Arizona Law Review 1203 (2014) This Note seeks to acknowledge, explain, and offer a remedy to the problem of disparate prosecution of women of color. Women of color are disproportionately arrested and prosecuted for felonies around the country, and are overrepresented in the criminal justice system compared to their white women counterparts. Black and Native women are prosecuted... 2014  
Cheryl Nelson Butler BLACKNESS AS DELINQUENCY 90 Washington University Law Review 1335 (2013) This is one of the first law review article to analyze both the role of blackness in shaping the first juvenile court and the black community's response to the court's jurisprudence. This Article breaks new ground on two fronts. First, it considers the first juvenile court's treatment of black youth within the context of the heightened racial... 2013  
Michael Pinard CRIMINAL RECORDS, RACE AND REDEMPTION 16 NYU Journal of Legislation and Public Policy 963 (2013) Poor individuals of color disproportionately carry the weight of a criminal record. They confront an array of legal and non-legal barriers, the most prominent of which are housing and employment. Federal, state and local governments are implementing measures aimed at easing the everlasting impact of a criminal record. However, these measures, while... 2013  
Kristin Henning CRIMINALIZING NORMAL ADOLESCENT BEHAVIOR IN COMMUNITIES OF COLOR: THE ROLE OF PROSECUTORS IN JUVENILE JUSTICE REFORM 98 Cornell Law Review 383 (January, 2013) There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the... 2013  
Ernest Drucker DRUG LAW, MASS INCARCERATION, AND PUBLIC HEALTH 91 Oregon Law Review 1097 (2013) Introduction. 1098 I. Drug Law and the Growth of U.S. Prisons. 1099 A. Recent Trends in Incarceration. 1102 B. Public Attitudes About Incarceration. 1103 C. Drug Law and Policy Reform. 1106 D. The Privatization of Correctional Services. 1108 E. The Prison Reentry Industry. 1109 II. New and Developing Reasons for Mass Incarceration. 1111 A.... 2013 Yes
Caitlyn Lee Hall GOOD INTENTIONS: A NATIONAL SURVEY OF LIFE SENTENCES FOR NONVIOLENT OFFENSES 16 NYU Journal of Legislation and Public Policy 1101 (2013) Over the past four decades, America's prison population has grown exponentially. Mass incarceration has exacted a serious toll on public finances, public trust in the administration of justice, and the individuals and communities affected by it. Although the wars on crime and drugs resulted from an understandable concern for public safety, many... 2013 Yes
Angela J. Davis IN SEARCH OF RACIAL JUSTICE: THE ROLE OF THE PROSECUTOR 16 NYU Journal of Legislation and Public Policy 821 (2013) This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Vera Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial... 2013  
Mona Lynch INSTITUTIONALIZING BIAS: THE DEATH PENALTY, FEDERAL DRUG PROSECUTIONS, AND MECHANISMS OF DISPARATE PUNISHMENT 41 American Journal of Criminal Law 91 (Winter 2013) I. Introduction. 91 II. Two Contemporary Systems of Punishment. 93 A. The Federal Sentencing System in the Guidelines Era. 93 B. The Modern American Capital Sentencing System. 97 III. What is (Institutionalized) Racial Bias?. 100 A. Predominant Social Scientific Perspectives on Racism. 100 B. Contemporary Legal Understandings of Racism. 103 C.... 2013  
Steven W. Bender JOINT REFORM?: THE INTERPLAY OF STATE, FEDERAL, AND HEMISPHERIC REGULATION OF RECREATIONAL MARIJUANA AND THE FAILED WAR ON DRUGS 6 Albany Government Law Review 359 (2013) Introduction. 360 I. Domestic Regulation of Marijuana. 361 A. The History of U.S. Marijuana Regulation. 361 B. The U.S. War on Drugs. 365 C. Trends of State Decriminalization and Legalization. 368 D. The Interplay of Federal and State Regulation of Marijuana Use. 375 II. Hemispheric Implications of Legalizing Recreational Marijuana Use. 383 III.... 2013  
Robert Weisberg KENNEDY AND THE PRISONS--MORAL EXHORTATION AND TECHNICAL FASTIDIOUSNESS 44 McGeorge Law Review 247 (2013) Justice Anthony Kennedy has been notable and controversial for his views on American criminal justice, especially in the area of sentencing. Most of the controversy is associated with his majority opinions in capital punishment cases, where he has boldly drawn Eighth Amendment lines to carve out types of crimes and criminals as categorically... 2013  
SpearIt LEGAL PUNISHMENT AS CIVIL RITUAL: MAKING CULTURAL SENSE OF HARSH PUNISHMENT 82 Mississippi Law Journal 1 (2013) Introduction. 1 A. The Problem & Thesis. 2 B. Ritual Theory & Application to Crime. 5 I. Criminal Justice & Christianity. 10 A. Biblical Judgment. 10 B. From Sinner to Criminal. 17 C. [S]lavery . as punishment for a crime. 19 D. The Penitentiary. 23 II. The Gospel of America: Civil Religion. 25 III. Civil Rights Turned Wrong. 32 A. The Logic of... 2013  
Cynthia Lee MAKING RACE SALIENT: TRAYVON MARTIN AND IMPLICIT BIAS IN A NOT YET POST-RACIAL SOCIETY 91 North Carolina Law Review 1555 (June, 2013) This Article uses the Trayvon Martin shooting to examine the operation of implicit racial bias in cases involving self-defense claims. Judges and juries are often unaware that implicit racial bias can influence their perceptions of threat, danger, and suspicion in cases involving minority defendants and victims. Failure to recognize the effects of... 2013  
Anne R. Traum MASS INCARCERATION AT SENTENCING 64 Hastings Law Journal 423 (February, 2013) Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at sentencing would provide an additional response that can largely be implemented without wholesale reform. Mass incarceration... 2013 Yes
Michael M. O'Hear MASS INCARCERATION IN THREE MIDWESTERN STATES: ORIGINS AND TRENDS 47 Valparaiso University Law Review 709 (Spring, 2013) As is well known, America's incarceration rate has exploded to unprecedented heights in the past generation, with the national prison population quintupling in size since the late 1970s. But, if the fact of mass incarceration is beyond dispute, the cause is a matter of considerable uncertainty and debate. Several commentators have weighed in with a... 2013 Yes
Brett DeGroff MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS, NEW YORK: THE NEW PRESS, 2010. 290 PP. 70 National Lawyers Guild Review 10 (Spring, 2013) The policies of mass incarceration have failed as badly as any embarked on in this country. Michelle Alexander's The New Jim Crow details those failures from the historic roots of the policies through their misguided modern manifestations. The book shows the perverse financial incentives for law enforcement agencies to incarcerate massive numbers... 2013 Yes
Stacy A. Hickox , Mark V. Roehling NEGATIVE CREDENTIALS: FAIR AND EFFECTIVE CONSIDERATION OF CRIMINAL RECORDS 50 American Business Law Journal 201 (Summer, 2013) Employers are relying on criminal record information to screen job applicants at increasing rates. This increase has been attributed to growing employer concerns about negligent hiring claims as well as technological advances that have increased the ease and reduced the costs associated with obtaining criminal record information. Surprisingly... 2013  
Anthony V. Alfieri, Angela Onwuachi-Willig NEXT-GENERATION CIVIL RIGHTS LAWYERS: RACE AND REPRESENTATION IN THE AGE OF IDENTITY PERFORMANCE 122 Yale Law Journal 1484 (April, 2013) This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights... 2013  
Nekima Levy-Pounds PAR FOR THE COURSE?: EXPLORING THE IMPACTS OF INCARCERATION AND MARGINALIZATION ON POOR BLACK MEN IN THE U.S. 14 Journal of Law in Society 29 (Winter, 2013) I. Introduction. 29 II. The War on Drugs as a War on the Black Family?. 36 A. Children of Incarcerated Parents. 42 B. Impacts on Poor Black Men. 45 C. The Connection between the Thirteenth Amendment and the Criminal Justice System. 50 III. Race, Poverty & Incarceration in Detroit. 55 IV. Collateral Consequences of Criminal Convictions. 60 V.... 2013  
Paul D. Butler POOR PEOPLE LOSE: GIDEON AND THE CRITIQUE OF RIGHTS 122 Yale Law Journal 2176 (June, 2013) A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon... 2013  
Janine Young Kim POSTRACIALISM: RACE AFTER EXCLUSION 17 Lewis & Clark Law Review 1063 (2013) This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... 2013  
Shima Baradaran RACE, PREDICTION, AND DISCRETION 81 George Washington Law Review 157 (January, 2013) [I]t is unnecessary to speak directly of race, because talking about crime is talking about race. Many scholars and political leaders denounce racism as the cause of disproportionate incarceration of black Americans. All players in this system have been blamed, including the legislators who enact laws that disproportionately harm blacks, police... 2013  
Stephen E. Henderson REAL-TIME AND HISTORIC LOCATION SURVEILLANCE AFTER UNITED STATES V. JONES: AN ADMINISTRABLE, MILDLY MOSAIC APPROACH 103 Journal of Criminal Law and Criminology 803 (Summer 2013) In United States v. Jones, the government took an extreme position: so far as the federal Constitution is concerned, law enforcement can surreptitiously electronically track the movements of any American over the course of an entire month without cause or restraint. According to the government, whether the surveillance is for good reason, invidious... 2013  
Vanita Gupta , Kara Dansky , ACLU, 125 Broad Street, 18th Floor, New York, NY 10004, 212-549-2500, E-mail: vgupta@aclu.org, ACLU, 915 15th Street NW, Washington, DC 20005, 202-715-0824, E-mail: kdansky@aclu.org REDUCING RACIAL DISPARITIES THROUGH STRUCTURAL CRIMINAL JUSTICE REFORMS 37-JUL Champion 47 (July, 2013) After a century of stability, the last 40 years have witnessed an American penal system dominated by unrelenting growth; mass incarceration has been aggressively implemented at almost every stage of the justice process. Under this punitive regime, penal reform faced an impenetrable wall of resistance, and the consequences are well documented: a... 2013 Yes
Richael Faithful RESPONSE TO BRETT DEGROFF'S BOOK REVIEW OF THE NEW JIM CROW MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS, NEW YORK: THE NEW MRESS, 2010. 290 PP. 70 National Lawyers Guild Review 122 (Summer, 2013) Professor Michelle Alexander's The New Jim Crow: Mass Incarceration in the Age of Colorblindness is one of the most influential political books of the new century. It delivers two appeals. First, she urges that the current mass incarceration crisis, taking form over three decades of bi-partisan tough on crime political rhetoric, demands immediate... 2013 Yes
Christine S. Scott-Hayward SHADOW SENTENCING: THE IMPOSITION OF FEDERAL SUPERVISED RELEASE 18 Berkeley Journal of Criminal Law 180 (Fall, 2013) More than 95 percent of people sentenced to a term of imprisonment in the federal system are also sentenced to a term of supervised release. Since it was first established in the late 1980s, nearly one million people have been sentenced to federal supervised release. The human and fiscal costs of this widespread imposition are significant.... 2013  
Fernando Bermudez STOLEN HAPPINESS 3 Columbia Journal of Race and Law 203 (2013) The wrongful arrest and conviction of Fernando Bermudez demonstrates the American criminal justice system being forced to correct itself, despite public faith in jury trials, because Mr. Bermudez fought to exonerate himself after losing ten appeals. Mr. Bermudez's essay entails his over eighteen-year wrongful incarceration in New York until proven... 2013  
Mary Fan STREET DIVERSION AND DECARCERATION 50 American Criminal Law Review 165 (Winter, 2013) States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police... 2013  
Taja-Nia Y. Henderson THE IRONIC PROMISE OF THE THIRTEENTH AMENDMENT FOR OFFENDER ANTI-DISCRIMINATION LAW 17 Lewis & Clark Law Review 1141 (2013) Policymakers and legal scholars agree that persistent private discrimination against persons convicted of crimes is a significant public policy concern. Persons convicted of crimes are routinely shut out of legitimate labor and housing markets, precipitating recidivist behavior and other social ills. In an attempt to curtail these practices, local... 2013  
Suzette M. Malveaux THE JURY (OR MORE ACCURATELY THE JUDGE) IS STILL OUT FOR CIVIL RIGHTS AND EMPLOYMENT CASES POST-IQBAL 57 New York Law School Law Review 719 (2012/2013) Five years after Bell Atlantic Corp. v. Twombly and three years after Ashcroft v. Iqbal, the question regarding the impact these seminal Supreme Court decisions are having on the vitality of employment discrimination and other civil rights cases remains. This question was posed at a symposium aptly titled Trial by Jury or Trial by Motion? Summary... 2013  
Walker Newell THE LEGACY OF NIXON, REAGAN, AND HORTON: HOW THE TOUGH ON CRIME MOVEMENT ENABLED A NEW REGIME OF RACE-INFLUENCED EMPLOYMENT DISCRIMINATION 15 Berkeley Journal of African-American Law & Policy 3 (2013) In this article, I explore the interaction between an alleged backlash against the Civil Rights Movement of the 1960s, the rise of tough on crime politics, the corresponding explosion in United States incarceration rates, and employment discrimination against individuals with criminal records. I begin by acknowledging scholars who charge that... 2013  
Jason A. Cade THE PLEA-BARGAIN CRISIS FOR NONCITIZENS IN MISDEMEANOR COURT 34 Cardozo Law Review 1751 (June, 2013) This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and... 2013  
David W. Fujimoto THROWN UNDER THE BUS: VICTIMS OF WORKPLACE DISCRIMINATION AFTER HARRIS 48 University of San Francisco Law Review 111 (Summer 2013) A JURY OF THE LOS ANGELES SUPERIOR COURT CONCLUDED that the City of Santa Monica (City) violated the prohibition on sex discrimination in the Fair Employment Housing Act (FEHA) by discriminating against one of their bus drivers, Wynonna Harris, on the basis of sex when they fired her in May of 2005. The court of appeal reversed the judgment,... 2013  
Heather Ann Thompson UNMAKING THE MOTOR CITY IN THE AGE OF MASS INCARCERATION 15 Journal of Law in Society 41 (Fall, 2013) C1-2Table of Contents I. What Happened to Detroit?. 41 II. What Happened to Detroit . The More Complicated Story. 43 A. The Criminalization of Urban Space. 43 B. Why the War on Crime?. 44 1. A Revolution in Drug Legislation. 46 2. Sentencing and Parole. 47 3. The Criminalization of Detroit Schools. 48 C. Detroit's Urban Crisis. 49 1. Million Dollar... 2013 Yes
Inimai Chettiar , Brennan Center for Justice at NYU School of Law, 161 Avenue of the Americas, 12th Floor, New York, NY 10013, 646-292-8315, E-mail: inimai.chettiar@nyu.edu USING ECONOMICS AND SCIENCE TO END MASS INCARCERATION 37-JUL Champion 57 (July, 2013) New York City has an end-of-year ritual almost as avidly watched as the ball descending in Times Square. It is the announcement, usually by the mayor, of the drop in the city's crime rate. New York had 419 homicides in 2012--the fewest since the city began counting in 1963. (In the first six months of 2013, homicides totaled 156, down 25 percent... 2013 Yes
Hannibal Travis WARGAMING THE "ARAB SPRING": PREDICTING LIKELY OUTCOMES AND PLANNING U.N. RESPONSES 46 Cornell International Law Journal 75 (Winter, 2013) Introduction. 75 I. The Cause of Peace. 77 II. Wargaming the Arab Spring: General Principles. 86 III. The Spark, Tunisia 2011. 88 IV. The Pharaoh, Egypt 2011. 93 V. The Cockroaches, Libya 2011. 101 VI. The Sideshow: Sudan. 117 VII. Wargaming the Arab Spring and Planning U.N. Responses. 119 A. The Duty to Prevent and Punish Genocide. 119 1.... 2013  
John F. Pfaff WAYLAID BY A METAPHOR: A DEEPLY PROBLEMATIC ACCOUNT OF PRISON GROWTH 111 Michigan Law Review 1087 (April, 2013) A Plague of Prisons: The Epidemiology of Mass Incarceration in America. By Ernest Drucker. New York and London: The New Press. 2011. Pp. xiv, 189. $26.95. The incarceration rate in the United States has undergone an unprecedented surge since the 1970s. Between 1925 and 1975, the U.S. incarceration rate hovered around 100 per 100,000. Since then,... 2013 Yes
Frank Rudy Cooper WE ARE ALWAYS ALREADY IMPRISONED: HYPER-INCARCERATION AND BLACK MALE IDENTITY PERFORMANCE 93 Boston University Law Review 1185 (May, 2013) Introduction. 1185 I. The Circuit of Identities. 1188 II. Naturalization of the Hyper-Incarceration of Black Men. 1189 A. How the Drug War Naturalized the Image of Black Men as Criminals. 1190 B. The Naturalization of Lack of Empathy for Black Men. 1194 1. The End of Men as Naturalizing Black Men's Imprisonment. 1194 2. Strip Search Doctrine as... 2013  
Nancy E. Dowd WHAT MEN?: THE ESSENTIALIST ERROR OF THE "END OF MEN" 93 Boston University Law Review 1205 (May, 2013) Introduction. 1205 I. The Context of Black Boys: Funneling Toward Subordination. 1207 A. The Early Years: Poverty, Income Support, and Child Welfare. 1210 B. School: Gendering the Racial Gap. 1216 C. Juvenile Justice: The Injustice System. 1222 D. Employment: Foreclosed Opportunity. 1226 II. Implications: Levels of Inequalities. 1229 III.... 2013  
Lynn Adelman WHAT THE SENTENCING COMMISSION OUGHT TO BE DOING: REDUCING MASS INCARCERATION 18 Michigan Journal of Race and Law 295 (Spring 2013) I. The Over-Punishment Problem and the Commission's Indifference To It. 295 II. The Ideas and Policies That Led To Over-Punishment. 299 III. The Harm Caused By The Commission's Preoccupation with Inter-Judge Sentencing Disparity. 304 IV. The Terrible Consequences of Mass Incarceration, and What the Commission Can Do About It. 307 V. The Commission... 2013 Yes
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