AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Gigi Penn THE NEW JIM CROW BY MICHELLE ALEXANDER A BOOK REVIEW 2 William Mitchell Law Raza Journal 1 (Spring 2011) The criminal justice system is the New Jim Crow and it purports to be colorblind. In her book, The New Jim Crow, Michelle Alexander presents the social disease of racial discrimination in a new light. Her central theme is that mass incarceration in the U.S. constitutes a racial caste system and she takes the reader on a historical and painstaking... 2011 Yes
Ryan Dull THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS BY MICHELLE ALEXANDER THE NEW PRESS (2010) 35-AUG Champion 61 (July/August, 2011) In 1972, there were fewer than 350,000 people incarcerated in the United States. Forty years into the War on Drugs, that number has climbed to over two million, composed disproportionately of African American men. Conventional wisdom charitably holds that the disparity reflects crime rates. Problematically, drug use rates are nearly identical... 2011 Yes
Harvey Gee THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS BY MICHELLE ALEXANDER THE NEW PRESS, NEW YORK, NY, 2010. 304 PAGES, $27.95 58-MAY Federal Lawyer 60 (May, 2011) In The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander, a professor at the Ohio State University Moritz College of Law, offers a compelling thesis: a racial caste system exists in the United States because of harsh sentencing laws aimed at African-Americans, which lead to their mass incarceration. Although, unlike... 2011 Yes
Katie Henderson THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS BY MICHELLE ALEXANDER. NEW YORK: THE NEW PRESS, 2010. 290 PP. $27.95 HARDBACK. 26 Berkeley Journal of Gender, Law & Justice 396 (Summer 2011) A nearly 600 percent rise in incarceration rates has characterized the past four decades such that, today, more than two million Americans are incarcerated in local, state, or federal penitentiaries. In The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Stanford law professor Michelle Alexander posits that this dramatic rise in... 2011 Yes
Malaika K. Caldwell TRAFFICKING FROM THE STREETS TO THE BORDERS: WHY THE SEARCH FOR JUSTICE UNDER THE FAIR SENTENCING ACT OF 2010 STOPPED ON A DEAD-END STREET IN THE BLACK COMMUNITY 5 Southern Region Black Law Students Association Law Journal 19 (Spring, 2011) Making an artificial distinction about a particular form of the same drug is a distinction without a difference and that's bad enough. But when the distinction results in a dramatic disparity in sentencing along racial lines, then that distinction are simply un-American and intolerable. Since the 1980s, a startling epidemic of mass incarceration... 2011 Yes
Anthony C. Thompson UNLOCKING DEMOCRACY: EXAMINING THE COLLATERAL CONSEQUENCES OF MASS INCARCERATION ON BLACK POLITICAL POWER 54 Howard Law Journal 587 (Spring 2011) INTRODUCTION. 588 I. WEAKENING THE POLITICAL EXPRESSION OF INDIVIDUALS AND COMMUNITIES OF COLOR. 591 A. Felon Disenfranchisement: The First Punch. 592 B. The Usual Residence Rule and Voter Redistricting: The Second Punch. 600 C. The Cumulative Impact of Felon Disenfranchisement and the Usual Residence Rule on Black Political Power: The One-Two... 2011 Yes
Mario L. Barnes , Erwin Chemerinsky , Trina Jones A POST-RACE EQUAL PROTECTION? 98 Georgetown Law Journal 967 (April, 2010) C1-3Table of Contents L1-2Introduction R3967. I. The Impulse Toward Post-racialism. 972 II. Why the Promise of Post-racialism is Still Premature. 977 a. recent events. 979 b. statistical data. 982 1. Poverty. 983 2. Income and Wealth. 985 3. Homeownership. 986 4. Employment. 988 5. Education. 989 6. Criminal Justice Statistics. 991 III. Rethinking... 2010  
Scott J. Krischke ABSENT ACCOUNTABILITY: HOW PROSECUTORIAL IMPUNITY HINDERS THE FAIR ADMINISTRATION OF JUSTICE IN AMERICA 19 Journal of Law & Policy 395 (2010) The primary responsibility of prosecution is to see that justice is accomplished. - National District Attorney's Association In the late afternoon of January 13, 2009, eighteen-year-old Rondell Rogers was marched from his jail cell at Orleans Parish Prison to Magistrate Court in New Orleans Criminal District Court. Wearing an orange jumpsuit and... 2010  
Richael Faithful BOOK INTERVIEW: THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS 6 Modern American 57 (Fall, 2010) As a summer law clerk at Advancement Project I read an excited e-mail chain about a newly-published book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander, a professor at Ohio State Moritz College of Law. In my experience, racial justice advocates are always excited about race-related progressive-minded works... 2010 Yes
Jonathan Simon Consuming Obsessions: Housing, Homicide, and Mass Incarceration since 1950 2010 University of Chicago Legal Forum 165 (2010) When we think about the relationship between crime and the economy, the nexus most likely to come to mind is employment. In this Article I propose a very different framework for thinking about the economic context of crimeone based on housing. Like the employment-crime nexus, the relationship between housing and crime can point to a multitude of... 2010 Yes
Frank Rudy Cooper MASCULINITIES, POST-RACIALISM AND THE GATES CONTROVERSY: THE FALSE EQUIVALENCE BETWEEN OFFICER AND CIVILIAN 11 Nevada Law Journal 1 (Fall 2010) Suppose you read in the newspaper that a police officer responded to a report of a potential break-in and that he subsequently arrested the homeowner. Would those be enough facts to explain why the arrest occurred? No? Let us assume the reporter added the following facts: The officer arrived at the home and found a person inside. The officer asked... 2010  
Heather Schoenfeld MASS INCARCERATION AND THE PARADOX OF PRISON CONDITIONS LITIGATION 44 Law and Society Review 731 (September/December, 2010) In this article I examine how prison conditions litigation in the 1970s, as an outgrowth of the civil rights movement, inadvertently contributed to the rise of mass incarceration in the United States. Using Florida as a case study, I detail how prison conditions litigation that aimed to reduce incarceration was translated in the political arena as... 2010 Yes
Deborah Ahrens METHADEMIC: DRUG PANIC IN AN AGE OF AMBIVALENCE 37 Florida State University Law Review 841 (Summer, 2010) The story of criminal sanctions in modern America is a familiar-and depressing-narrative. According to the narrative, we live in an era where the dynamics of popular politics, the practices of the media, and the (often racialized) anxieties of modern life combine to create a one-way ratchet, in which we identify perceived new threats to public... 2010  
Paul Butler ONE HUNDRED YEARS OF RACE AND CRIME 100 Journal of Criminal Law and Criminology 1043 (Summer 2010) This Article considers the evolution of thinking about criminal justice and racial justice over the last one hundred years. If I were writing about race and crime in 1910, the year the Journal of Criminal Law and Criminology was founded, the problem that I would have focused on would be lynchings, which were sometimes an extra-legal response to... 2010  
Ian F. Haney López POST-RACIAL RACISM: RACIAL STRATIFICATION AND MASS INCARCERATION IN THE AGE OF OBAMA 98 California Law Review 1023 (June, 2010) The 2008 election of Barack Obama to the U.S. presidency is racially momentous. Few would gainsay that the elevation of an African American to the most powerful and most public position in our national life signals a remarkable step toward racial equality. But what exactly does Obama's election portend for race in America? This Essay uses the... 2010 Yes
Carissa Byrne Hessick RACE AND GENDER AS EXPLICIT SENTENCING FACTORS 14 Journal of Gender, Race and Justice 127 (Fall 2010) Most modern sentencing systems in the United States express an explicit commitment to ensuring that a defendant's sentence is not affected by the defendant's race or gender. This commitment to keeping criminal sentencing free of race and gender considerations is consistent with the wider legal trend of eradicating race and gender discrimination... 2010  
Barbara A. Schwabauer THE EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT: THE COLD CASE OF RACISM IN THE CRIMINAL JUSTICE SYSTEM 71 Ohio State Law Journal 653 (2010) A recent episode of the popular television show Cold Case depicted the 1964 murder of a northern, white, middle-class housewife by a Klansman-in-training, who wanted to stop her work with the Freedom Schools of Mississippi during the civil rights movement. True to the underlying premise of the show, the case went unsolved until more than forty... 2010  
Michael Tonry THE SOCIAL, PSYCHOLOGICAL, AND POLITICAL CAUSES OF RACIAL DISPARITIES IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 39 Crime and Justice 273 (2010) Imprisonment rates for black Americans have long been five to seven times higher than those for whites. The immediate causes are well known: high levels of black imprisonment resulting in part from higher black than white arrest rates for violent crime and vastly higher black drug arrest rates. Drug arrest disparities result from police decisions... 2010  
Geneva Brown THE WIND CRIES MARY--THE INTERSECTIONALITY OF RACE, GENDER, AND REENTRY: CHALLENGES FOR AFRICAN-AMERICAN WOMEN 24 Saint John's Journal of Legal Commentary 625 (Summer 2010) To deliver up bodies destined for profitable punishment, the political economy of prisons relies on racialized assumptions of criminality--such as images of black welfare mothers reproducing criminal children--and on racist practices in arrest, conviction, and sentencing patterns. Angela Davis warned of the impending growth of the prison industrial... 2010  
James Forman, Jr. WHY CARE ABOUT MASS INCARCERATION? 108 Michigan Law Review 993 (April, 2010) Let's Get Free: A Hip-Hop Theory of Justice. By Paul Butler. New York: The New Press. 2009. Pp. ix, 214. $25.95. Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more... 2010 Yes
Montré D. Carodine "THE MIS-CHARACTERIZATION OF THE NEGRO": A RACE CRITIQUE OF THE PRIOR CONVICTION IMPEACHMENT RULE 84 Indiana Law Journal 521 (Spring, 2009) The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores... 2009  
Giovanna Shay AD LAW INCARCERATED 14 Berkeley Journal of Criminal Law 329 (Fall 2009) The United States has over two million prisoners, the largest incarcerated population worldwide. Our nation has been described as a carceral state with a policy of mass imprisonment, and our vast prison system has been termed a prison industrial complex. Massive growth in the prison population over the last thirty years has had a severely... 2009  
Marsha Weissman ASPIRING TO THE IMPRACTICABLE: ALTERNATIVES TO INCARCERATION IN THE ERA OF MASS INCARCERATION 33 New York University Review of Law and Social Change 235 (2009) In 1976, a remarkable handbook for reducing the reliance on incarceration was produced by a group of ordinary citizens known as the Prison Research Education Action Project (PREAP). Instead of Prisons was written to call attention to the overuse of incarceration at a time when the United States prison population was about 250,000. The handbook... 2009 Yes
Brett C. Burkhardt CRIMINAL PUNISHMENT, LABOR MARKET OUTCOMES, AND ECONOMIC INEQUALITY: DEVAH PAGER'S MARKED: RACE, CRIME, AND FINDING WORK IN AN ERA OF MASS INCARCERATION 34 Law and Social Inquiry 1039 (Fall, 2009) Pager, Devah. 2007. Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration. Chicago: University of Chicago Press. Pp. vii + 256. $25.00 cloth; $16.00 paper. A growing empirical literature examines the role of incarceration in labor market outcomes and economic inequality more broadly. Devah Pager's book, Marked: Race, Crime, and... 2009 Yes
Harvey Gee CROSS-RACIAL EYEWITNESS IDENTIFICATION, JURY INSTRUCTIONS, AND JUSTICE 11 Rutgers Race & the Law Review 70 (2009) The House and Senate are attempting to pass legislation to curb crime and ensure fairness to criminal offenders. Earlier this year, hearings were held to address disparities in sentencing and the feasibility of a five-year pilot program addressing racial and ethnic bias in the criminal justice system. Congress is also seeking to reauthorize the... 2009  
Joseph E. Kennedy THE JENA SIX, MASS INCARCERATION, AND THE REMORALIZATION OF CIVIL RIGHTS 44 Harvard Civil Rights-Civil Liberties Law Review 477 (Summer 2009) The repudiation of rehabilitation and the embrace of retribution produced a collective experience for young black men that is wholly different from the rest of American society. No other group, as a group, routinely contends with long terms of forced confinement and bears the stigma of official criminality in all subsequent spheres of social life,... 2009 Yes
Jessica A. Focht-Perlberg TWO SIDES OF ONE COIN - REPAIRING THE HARM AND REDUCING RECIDIVISM: A CASE FOR RESTORATIVE JUSTICE IN REENTRY IN MINNESOTA AND BEYOND 31 Hamline Journal of Public Law and Policy 219 (Fall 2009) . . . [S]uccessful reintegration is not just a matter of whether the offender is prepared to return to the community. It is also a matter of whether the community is prepared to meet the returning offender. The tough on crime policies of the late 1980s and 1990s that engendered a harsh lock the door and throw away the key mentality towards... 2009  
Craig Haney COUNTING CASUALTIES IN THE WAR ON PRISONERS 43 University of San Francisco Law Review 87 (Summer 2008) OVER THE LAST SEVERAL DECADES, numerous prisons in the United States have operated in a state of crisis. The sheer number of persons incarcerated during these years overwhelmed the capacity to safely and humanely house and administer to the prisoners placed under correctional control. Policies of mass incarceration that were pursued over these... 2008 Yes
Dorothy Roberts TORTURE AND THE BIOPOLITICS OF RACE 62 University of Miami Law Review 229 (January, 2008) In December 2005, in the midst of congressional debate about President Bush's policy on detainee interrogations, I happened upon a scene on E-Ring, a new television program on NBC set in the Pentagon. An officer working for the Joint Chiefs of Staff is talking by phone to a member of his special-operatives team stationed in Uzbekistan about... 2008  
Christopher J. Tyson AT THE INTERSECTION OF RACE AND HISTORY: THE UNIQUE RELATIONSHIP BETWEEN THE DAVIS INTENT REQUIREMENT AND THE CRACK LAWS 50 Howard Law Journal 345 (Winter 2007) INTRODUCTION. 346 I. RACIAL REDUX: DAVIS AND PLESSY IN CONTEXT. 352 A. Davis and Plessy. 354 B. The Davis Decision and the Challenges to the Crack Laws. 359 II. RACIALIZED MASS IMPRISONMENT: RESHAPING AND REMAKING THE PECULIAR INSTITUTION. 363 A. Getting Tough on Crime: Laying the Foundation. 365 B. The Law as Politics: The Court in Transition.... 2007  
Dorothy E. Roberts CONSTRUCTING A CRIMINAL JUSTICE SYSTEM FREE OF RACIAL BIAS: AN ABOLITIONIST FRAMEWORK 39 Columbia Human Rights Law Review 261 (Fall 2007) In her last speech before her death in 1965, playwright Lorraine Hansberry incisively described the nature of racial bias in America. She did not speak about a fairer way of punishing the crimes of black people; rather, she identified the paramount crime in the United States as the refusal of its ruling classes to admit or acknowledge in any way... 2007  
Angela J. Davis RACIAL FAIRNESS IN THE CRIMINAL JUSTICE SYSTEM: THE ROLE OF THE PROSECUTOR 39 Columbia Human Rights Law Review 202 (Fall 2007) There are many complex reasons for the unwarranted racial disparities that plague the American criminal justice system, but one of the most significant contributing factors is the exercise of prosecutorial discretion, especially at the charging and plea bargaining stages of the process. Few prosecutors consciously favor criminal defendants or... 2007  
Floyd D. Weatherspoon THE MASS INCARCERATION OF AFRICAN-AMERICAN MALES: A RETURN TO INSTITUTIONALIZED SLAVERY, OPPRESSION, AND DISENFRANCHISEMENT OF CONSTITUTIONAL RIGHTS 13 Texas Wesleyan Law Review 599 (Symposium 2007) I. Introduction. 599 II. The Return of African-American Males to Institutionalized De Facto Slavery. 602 A. The Reactivation of the Black Codes Through State and Federal Statutes. 602 B. Mass Incarceration of African-American Males in the United States Penal System. 604 1. Federal Prison Population of African-American Males. 606 2. State... 2007 Yes
Paul J. Kaplan AMERICAN EXCEPTIONALISM AND RACIALIZED INEQUALITY IN AMERICAN CAPITAL PUNISHMENT 31 Law and Social Inquiry 149 (Winter, 2006) Zimring, Franklin E. (2003). The Contradictions of American Capital Punishment. Oxford: Oxford University Press. Whitman, James Q. (2003). Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe. Oxford: Oxford University Press. Despite several erroneous capital convictions at home and a worldwide movement to abolish... 2006  
Taja-Nia Y. Henderson NEW FRONTIERS IN FAIR LENDING: CONFRONTING LENDING DISCRIMINATION AGAINST EX-OFFENDERS 80 New York University Law Review 1237 (October, 2005) The dramatic increase in the number of people leaving the nation's prisons and jails has contributed to a renewed interest in safe community reentry strategies. While issues surrounding housing, employment, and recidivism have dominated the scholarly landscape in this area, far less attention has been paid to those collateral consequences which... 2005  
Kevin R. Johnson RACIAL PROFILING AFTER SEPTEMBER 11: THE DEPARTMENT OF JUSTICE'S 2003 GUIDELINES 50 Loyola Law Review 67 (Spring 2004) Before September 11, 2001, a grim turning point in the history of the United States, the highest levels of government had condemned racial profiling by law enforcement. The nation had increasingly embraced the idea that impermissible reliance on race by police in traffic stops and other law enforcement activities was a serious problem, in addition... 2004  
Dorothy E. Roberts THE SOCIAL AND MORAL COST OF MASS INCARCERATION IN AFRICAN AMERICAN COMMUNITIES 56 Stanford Law Review 1271 (April, 2004) Introduction: Reframing the Issue of Race and Imprisonment. 1272 A. The Distinctive Features of African American Mass Incarceration. 1274 1. Total numbers incarcerated.. 1274 2. Rate of incarceration.. 1274 3. The spatial concentration of incarceration.. 1275 B. The New Direction of Prison Research. 1276 1. Assessing the harm of mass incarceration... 2004 Yes
Benjamin D. Steiner , Victor Argothy WHITE ADDICTION: RACIAL INEQUALITY, RACIAL IDEOLOGY, AND THE WAR ON DRUGS 10 Temple Political & Civil Rights Law Review 443 (Spring 2001) [O]pposing whiteness is not the same as opposing white people. White supremacy is an equal opportunity employer; nonwhite people can become active agents of white supremacy as well as passive participants in its hierarchies and rewards. Some of these kids come from beautiful homes, says W.J. Hunt, chairman of the Los Angeles County Narcotics and... 2001  
Lawrence Rosenthal GANG LOITERING AND RACE 91 Journal of Criminal Law and Criminology 99 (Fall 2000) When the United States Supreme Court held in City of Chicago v. Morales that Chicago's anti-gang loitering ordinance--authorizing the police to disperse groups of loiterers containing criminal street gang members -was unconstitutionally vague, Harvey Grossman, the attorney who had argued the case for the winning side, called the decision a victory... 2000  
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