| Author | Title | Citation | Summary | Year | key Terms in Title |
| David Schraub |
THE JURISPRUDENCE OF CONSTITUTIONAL ENTITLEMENT |
34 William & Mary Bill of Rights Journal 97 (October, 2025) |
Lawyers are accustomed to thinking of constitutional law as a familiar binary: Either a given governmental policy or practice is constitutional and therefore permitted, or unconstitutional and forbidden. But not all constitutional laws are created equal. A state practice which may be constitutional in concept (such as the death penalty) may, in... |
2025 |
|
| Amy B. Levin |
THE KIDS AREN'T ALRIGHT |
78 Arkansas Law Review 351 (2025) |
It was a Friday about a week before my students' final writing assignment was due. I was getting ready to start class when I noticed what felt like a black cloud hanging over the classroom. The students were exhausted, their spirits drained. They were anxious about their papers, trying to hold it together while juggling coursework and summer job... |
2025 |
|
| James G. Dwyer |
THE KINCARE CRAZE IN CHILD PROTECTION: ROMANTICISM, SUBTERFUGE, AND RACIAL SEPARATISM |
19 FIU Law Review 1 (Spring, 2025) |
Among recent developments in family law, the most prevalent issue on legislative agendas has been Kincare as an alternative to non-relative foster care when maltreated children cannot remain with parents. Long an available option legally but traditionally regarded with skepticism by child protection workers, Kincare is now idealized. A steady... |
2025 |
|
| Yuvraj Joshi |
THE LAW OF RACIAL RESENTMENT |
72 UCLA Law Review 424 (September, 2025) |
Racial resentment, stemming from perceptions that one racial group has unfairly lost opportunities to another, has profoundly shaped decades of affirmative action law. Affirmative action programs emerged in the 1960s to counteract racial discrimination and expand opportunities for racial minorities. However, some white applicants soon viewed these... |
2025 |
|
| James T. Campbell |
THE LAW OF THE TERRITORIES: SHOULD IT EXIST? |
134 Yale Law Journal Forum 448 (2024-2025) |
February 10, 2025 abstract. The Law of the Territories is becoming an increasingly prominent academic heading for legal scholarship concerning the liminal status of U.S. territories. This Essay argues that the incipient momentum of this emerging field presents an obstacle rather than a pathway to meaningful scholarly engagement, sidelining... |
2025 |
|
| Kristin N. Henning , Rebba D. Omer |
THE MAKING OF A JUVENILE RECORD: THE INSIDIOUS CONSEQUENCES OF CRIMINALIZING RACE, ADOLESCENCE, DISABILITY, AND TRAUMA |
103 North Carolina Law Review 1373 (June, 2025) |
Although juvenile court was intended to shield youth from the stigma of a criminal conviction and the lifelong impacts of the adult system, the proliferation of youth arrests and the ever-eroding confidentiality of juvenile courts creates a different reality. Youth of color, especially those with disabilities and trauma histories, are more likely... |
2025 |
|
| Matthew Boaz |
THE MIGRATION OF ABOLITION THEORY |
103 North Carolina Law Review 385 (January, 2025) |
This Article considers whether and how theories of abolition developed by criminal law scholars are transferrable to the realm of immigration enforcement. A key question is how abolitionist principles might be employed in support of critiques of the United States' immigration regulatory regime in the same way that these principles have been... |
2025 |
|
| Elaine M. Chiu |
THE MODEL MINORITY VICTIM |
65 Santa Clara Law Review 451 (2024-2025) |
The rise in xenophobia, hate and violence against AAPI Americans inspired by the COVID-19 pandemic was an opportunity to assess the effectiveness of the criminal legal system as a tool of anti-racism. This Article traces the legal aftermath when Asian New Yorkers reported 276 possible hate crimes to the police in 2021. The analysis takes an... |
2025 |
|
| Valeria Gomez |
THE NEW ABORTION BORDERS FOR IMMIGRANT WOMEN |
43 Minnesota Journal of Law & Inequality 1 (Spring, 2025) |
In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, the United States has become a fragmented patchwork of state laws imposing varying degrees of restrictions and penalties on abortion. This paper examines the profound implications of these developments for noncitizen women, whose rights and mobility are... |
2025 |
|
| Meighan R. Parsh, Carissa Byrne Hessick |
THE NUANCES OF PROSECUTORIAL NONENFORCEMENT |
67 William and Mary Law Review 399 (November, 2025) |
The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks... |
2025 |
|
| David B. Owens |
THE OBJECTIVE OBSERVER: THE WASHINGTON STATE SUPREME COURT'S REMEDIAL ASPIRATIONS AND EXPERIENCE ON THE GROUND |
100 Washington Law Review 325 (June, 2025) |
Abstract: The Washington State Supreme Court has adopted an objective observer rule for addressing whether race impacted jury selection and extended this rule to evaluating all aspects of Washington courts, including jury trials. The objective observer rule allows courts to evaluate whether decisions in those courtrooms could be viewed as the... |
2025 |
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| Noah Kreger |
THE OVER-POLICING OF UK DRILL: HUMAN RIGHTS VIOLATIONS, CRIMINAL BEHAVIOUR ORDERS, AND ARTISTIC SUPPRESSION |
68 Howard Law Journal 277 (Winter, 2025) |
UK Drill, a Rap subgenre rooted in the lived experiences of marginalized communities, provides a raw and unfiltered portrayal of system inequalities, violence, and social struggle. The suppression of Drill music by London's Metropolitan Police (the Met) reflects a broader trend of racialized policing and censorship targeting Black artistic... |
2025 |
Yes |
| Ignacio Cofone , Warut Khern-am-nuai |
THE OVERSTATED COST OF AI FAIRNESS IN CRIMINAL JUSTICE |
100 Indiana Law Journal 1431 (Summer, 2025) |
The dominant critique of algorithmic fairness in AI decision-making, particularly in criminal justice, is that increasing fairness reduces the accuracy of predictions, thereby imposing a cost on society. This Article challenges that assumption by empirically analyzing the COMPAS algorithm, a widely used and widely discussed risk assessment tool in... |
2025 |
|
| Laila L. Hlass |
THE PARADOX OF IMMIGRANT CHILDREN'S RIGHTS |
104 Texas Law Review Online 142 (2025) |
The American Law Institute is set to release a first ever Restatement of the Law in the area of Children and the Law to address the increasingly convoluted treatment of children across legal systems. Children's rights scholars have long critiqued law's historic treatment of children as mere objects, instead of subjects. While the Supreme Court has... |
2025 |
|
| Sarah L. Swan |
THE PLAINTIFF POLICE |
134 Yale Law Journal 1182 (February, 2025) |
In civil litigation, police officers typically occupy the role of defendant, regularly responding to allegations of excessive force, unlawful arrest, and discriminatory policing. However, police officers can also don a different litigative role: that of plaintiff. In the wake of the Black Lives Matter protests and the increased attention to police... |
2025 |
Yes |
| Audrey Byrne, Alicia Kuang, Alisa Steel |
THE POWER TO BE LENIENT AND THE POWER TO DISCRIMINATE: HOW PROSECUTORIAL POLICIES SHAPE CLAIMS UNDER THE CALIFORNIA RACIAL JUSTICE ACT |
30 Berkeley Journal of Criminal Law 244 (2025) |
Prosecutorial discretion can allow implicit and explicit biases to infect the decisions of district attorneys, but prosecutors can also wield such discretion to advance racial justice. Prosecutorial policies, or their absence, can limit the discretion of individual prosecutors, and reflect an office's recommended or required practices.... |
2025 |
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| Hideyuki Matsumi , Daniel J. Solove |
THE PREDICTION SOCIETY: AI AND THE PROBLEMS OF FORECASTING THE FUTURE |
2025 University of Illinois Law Review 1 (2025) |
Predictions about the future have been made since the earliest days of humankind, but today, we are living in a brave new world of prediction. Today's predictions are produced by machine learning algorithms that analyze massive quantities of personal data. This type of algorithm is commonly referred to as artificial intelligence (AI).... |
2025 |
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| Wes Henricksen |
THE PRICE OF DISINFORMATION |
15 UC Irvine Law Review 731 (October, 2025) |
The general public is misinformed on a broad range of vitally important topics, such as what the true crime rates are, whether the COVID-19 vaccine is part of a conspiracy to control the population, and who won the last presidential election. There are myriad factors contributing to this epistemic crisis wherein large segments of the public form... |
2025 |
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| Zamir Ben-Dan |
THE PRO-DEFENSE CONSTITUTION |
2025 Utah Law Review 385 (2025) |
In the field of criminal law, the federal Constitution on its face is a pro-defense document. Several constitutional amendments enshrine protections for citizens facing criminal investigation and prosecution. Pro-defense provisions of the Constitution include the right to be free from unreasonable searches and seizures, due process, the right to a... |
2025 |
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| Guido Calabresi |
THE PROPER ROLE OF EQUALITY IN CONSTITUTIONAL ADJUDICATION: THE CATHEDRAL'S MISSING BUTTRESS |
134 Yale Law Journal 2848 (June, 2025) |
The most difficult and divisive issue in American constitutional law is how to deal with fundamental rights that are not specifically protected in the Constitution. At times, courts have afforded such rights near-absolute protection against infringement. At other times, courts have declined to provide such rights any constitutional protection. Both... |
2025 |
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| Ángel Díaz |
THE PUBLIC HARMS OF PRIVATE SURVEILLANCE |
72 UCLA Law Review 904 (December, 2025) |
Private surveillance is rapidly reshaping public space. With inexpensive storage, widespread amplification, and integrated data sharing, modern surveillance networks operate with unprecedented scale, prevalence, and influence. Unlike the neighborhood watches of the past, these networks are always on, subjecting public movements to facial... |
2025 |
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| Addison Lyons |
THE RACIAL JUSTICE ACT: A REAL SOLUTION OR A JUST STEP IN THE RIGHT DIRECTION? |
22 UC Law Journal of Race and Economic Justice 259 (May, 2025) |
The American criminal legal system is built upon racism and inequality. Some effort has been made to critique and correct the impact of those legacies. Although many steps have been taken, racism is far from erased from the legal apparatus. It demands contemporary solutions to contemporary legal dynamics. One of the attempts is the California... |
2025 |
|
| Karla McKanders |
THE RACIALIZED RETALIATORY STATE: WEAPONIZING IMMIGRATION LAW TO CRIMINALIZE DISSENT |
32 William and Mary Journal of Race, Gender, and Social Justice 63 (Fall, 2025) |
Just days before his ICE arrest in February 2019, 21 Savage, birth name-- She'yaa Bin Abraham-Joseph--a British-born American rapper of Caribbean descent--performed a song on The Tonight Show that included lyrics critical of family separations at the United States-Mexico border and other injustices: The gas was off, so we had to boil up the... |
2025 |
|
| Cassandra Flick, Kimberly Schweitzer, Department of Psychology, University of North Dakota |
THE REASONABLE OFFICER STANDARD: PERCEPTIONS OF REASONABLENESS AND LEGAL DECISION MAKING |
46 Law and Human Behavior 515 (December, 2025) |
Objective: We explored how the reasonable officer standard aligns with the use-of-force judgments. Hypotheses: Reasonable officer standard-related factors of civilian resistance and civilian injury would impact participant judgments in ways inconsistent with reasonable officer standard-based policy. Given a scenario of legally reasonable force,... |
2025 |
|
| Aviva Orenstein |
THE RELIGION OF EVIDENCE |
25 Journal of Law in Society 206 (Spring, 2025) |
C1-2CONTENTS Abstract.. 206 Introduction. 207 I. How is Evidence Law Like a Religion?. 209 II. Modern Challenges. 215 III. Pursuing Justice. 220 IV. Applying the Justice Screen to the Rules of Evidence. 223 A. Federal Rule of Evidence 609. 223 B. The Dying Declaration. 231 Conclusion. 237 |
2025 |
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| Danielle Wingfield |
THE RESURGENCE OF MASSIVE RESISTANCE |
82 Washington and Lee Law Review 259 (Winter, 2025) |
Massive Resistance to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown's seventieth... |
2025 |
|
| Jaden Montgomery |
THE ROAD TO SAFER STREETS: TACKLING THE PEDESTRIAN & CYCLIST SAFETY CRISIS IN INDIANAPOLIS |
22 Indiana Health Law Review 155 (2025) |
Henry Najdeski, a distinguished attorney, embodied success and integrity in his career at Barrett McNagny, an Indiana law firm. Specializing in real estate law, Najdeski's accolades were numerous--listed in The Best Lawyers in America since 2019, recognized as a Rising Star in the 2009 Indiana Super Lawyers publication, and featured among Fort... |
2025 |
|
| Elana Fogel , Kate Evans |
THE ROAD TO SLOW DEPORTATION |
74 Duke Law Journal 1389 (March, 2025) |
Traffic stops are the most common form of police-initiated contact with members of the public. The sheer volume of traffic stops combined with their use as a pretext to surveil Black and Latiné communities has generated substantial scholarship and movements for police reform. Yet this commentary assumes that the subjects of traffic stops are U.S.... |
2025 |
|
| Justin Hansford |
THE SANKOFA PRINCIPLE IN PROTEST LAW |
125 Columbia Law Review 1029 (June, 2025) |
The Columbia Law Review's Karl Llewellyn Lecture series celebrates pioneers in the law who have innovated and challenged legal theory. The second annual Lecture was delivered by Howard University School of Law Professor Justin Hansford on November 15, 2024, as the opening address at the Review's Symposium on the Law of Protest. A transcript of... |
2025 |
|
| Michael R. Ulrich |
THE SECOND AMENDMENT'S SECOND SEX |
134 Yale Law Journal Forum 125 (2024-2025) |
November 12, 2024 abstract. This Essay explores how the Supreme Court's Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow true man framing that ignores women's experiences and advocates for a justice-centered framework that incorporates power and privilege into the... |
2025 |
|
| Mariam A. Hinds |
THE SHADOW DEFENDANTS |
113 Georgetown Law Journal 823 (April, 2025) |
Although the overrepresentation of men, specifically Black men and men of color, in the criminal legal system is well documented, the people who support these men, especially women, have garnered less attention. Women who are proximate to system-involved men--mothers, grandmothers, sisters, daughters, girlfriends, and wives--are invisible actors in... |
2025 |
|
| Farhang Heydari |
THE SHERIFF'S CONSTITUTION |
113 Georgetown Law Journal 1041 (May, 2025) |
The county sheriff is unique among our nation's law enforcers, with an ancient pedigree, elected status, and special protections as a state constitutional officer. But these factors combine to cause a recurrent problem--elected sheriffs often assert for themselves the power to refuse to enforce criminal laws of their choosing. Today's... |
2025 |
|
| Jean-Marie Kamatali |
THE STATE OF HUMAN RIGHTS IN THE UNITED STATES OF AMERICA: LESSONS LEARNED FROM THE LAST THREE UNIVERSAL PERIODIC REVIEWS |
33 Tulane Journal of International and Comparative Law 515 (Spring, 2025) |
I. Introduction. 516 II. The UN Human Rights Council, the Universal Period Review, and the United States. 517 A. UPR as a Universal Review. 518 B. UPR as a Periodic Review. 519 C. The UPR as a Review. 519 D. HRC, UPR, and the United States. 521 E. Understanding UPR Reports. 523 III. The State of Human Rights in the U.S: Three Review Cycles, Three... |
2025 |
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| Shayna Swanson |
THE STATE OF THE POLICE IN MODERNITY: THE CONVERGENCE OF TWO FORMS OF PUNISHMENT |
17 Washington University Jurisprudence Review 407 (2025) |
The profound influence of French philosopher and historian Michel Foucault reverberates across various fields of study, notably in law and the social sciences. One of his most prominent works is Discipline and Punish, a genealogical study outlining the development of the punitive state. In the book, Foucault discusses two eras of punishment: the... |
2025 |
Yes |
| Eve Brensike Primus |
THE STATE[S] OF CONFESSION LAW IN A POST-MIRANDA WORLD |
115 Journal of Criminal Law and Criminology 79 (Winter, 2025) |
Police interrogators often use lies, threats, subterfuge, and psychological pressure to coerce vulnerable suspects to speak. These tactics produce false confessions, contribute to racial injustice, and undermine the legitimacy of the criminal process. Despite a documented need for better regulation, the U.S. Supreme Court has watered down... |
2025 |
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| Henry F. Fradella |
THE SYSTEMATIC DEVALUATION OF LEGAL SCHOLARSHIP IN CRIMINOLOGY AND CRIMINAL JUSTICE |
40 Touro Law Review 913 (2025) |
Certain bibliometrics have become important indicators of scholarly impact despite their many weaknesses. This Article presents data demonstrating the shortcomings of using citation counts and journal impact factors for law-based scholarship. Moreover, the Article argues that reliance on these flawed metrics is just one example of how scholars in... |
2025 |
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| Lahny Silva |
THE TRAP CHRONICLES, VOL. 3: FELONS & FIREARMS |
84 Maryland Law Review 309 (2025) |
If your life was in jeopardy everyday, is you tellin' me you wouldn't need weaponry, just because of your felonies? Introduction. 310 I. The Law. 315 A. Section 922(g)(1). 316 1. Federal Firearms Act. 316 2. 1968 Gun Control Act. 317 3. War on Drugs. 318 4. Today. 320 B. The Gun Cases. 322 II. Frame. 328 A. Colorblindness. 329 1. Gun Cases & Race.... |
2025 |
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| Pamela S. Karlan |
THE UNDONE BUSINESS OF THE WARREN COURT |
139 Harvard Law Review Forum 25 (November, 2025) |
Professor Richard Re's Foreword pursues a comparison between the Warren Court and the current Court in the hope that [s]eeing the similarities between these two starkly opposed Courts will dampen the deeply polarized us/them dynamic [that] currently dominates our legal culture and overall political discourse and convince the two groups of us'... |
2025 |
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| Lee Kovarsky |
THE VICTIMS' RIGHTS MISMATCH |
124 Michigan Law Review 305 (November, 2025) |
C1-2Table of Contents Introduction. 308 I. A Brief History of Victims' Rights. 311 II. Specifying Mismatch. 315 A. Defining Victims. 316 1. Victims Generally. 317 2. Dead Victims. 320 B. Specifying Rights. 321 1. Victims Generally. 322 2. Dead Victims. 324 C. Asserting Remedies. 325 1. Victims Generally. 325 2. Dead Victims. 327 III. Deontological... |
2025 |
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| Will Sarvis |
The Vietnam War, Imperial Presidents, and Limited Democracy |
14 British Journal of American Legal Studies 183 (Spring, 2025) |
During the Vietnam conflict presidents Lyndon Johnson and Richard Nixon wielded war powers without congressional declarations of war. The legislature and judiciary more or less deferred to these Imperial Presidents rather than check or balance their war policies. This deferment seriously compromised and, in some cases, even nullified... |
2025 |
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| Khaled A. Beydoun |
THE WORLD CUP AS A RACIAL REBUILT PROJECT |
2025 Utah Law Review 805 (2025) |
Scholars, particularly Critical Race Theorists, have written trenchantly about the law's role in racial formation. Yet, while instrumental in this process, the law does not stand alone as a conduit of making race. Particularly for misrepresented groups, like Arabs, who struggle to find existential self-determination between imperial identity... |
2025 |
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| Alia Nahra |
THIS IS WHAT TRANSPARENCY LOOKS LIKE: AN EMPIRICAL ANALYSIS OF NYPD MISCONDUCT AFTER THE REPEAL OF 50-A |
125 Columbia Law Review 2035 (November, 2025) |
This Note presents the first empirical study of the implications of the repeal of Civil Rights Law section 50-a (50-a), which made public New York Police Department (NYPD) personnel records, including disciplinary investigations. These data demonstrate the limited potential of transparency reforms, which are lauded as an important step toward... |
2025 |
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| Michael Abrams, Neel Lalchandani, Jamie Strawbridge |
TO REMEDY POLICE MISCONDUCT, FEDERAL DISABILITY LAW IS MORE EFFECTIVE THAN THE CONSTITUTION |
62 American Criminal Law Review 1151 (Fall, 2025) |
People with disabilities are overpoliced and, as a result, disproportionately suffer injuries caused by police misconduct. Section 1983 is the primary vehicle for remedying injuries caused by police misconduct, but the cause of action is increasingly encumbered. Practitioners, scholars, and courts alike have criticized the doctrinal barriers that... |
2025 |
Yes |
| K. Sabeel Rahman |
TOWARDS A RECONSTRUCTIVE POLITICS |
88 Law and Contemporary Problems 117 (2025) |
In the winter of 1872, political factions battled for control of Reconstruction Louisiana. After the swearing-in of local Republican officials who had claimed victory in the recent elections, a group of Black freedpersons dug trenches around the Grant Parish courthouse, seeking to hold the position against an armed insurrection. They feared the... |
2025 |
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| Santiago Mollis |
TOWARDS A VICTIM-ORIENTED CRIMINAL PROCESS |
62 American Criminal Law Review 221 (Spring, 2025) |
The figure of the victim has played a central role in the consolidation of a uniquely punitive criminal legal system. Over the last decades, however, multiple actors have raised serious concerns about the benefits of this punitive strategy. In particular, U.S. penal abolitionists have called to abandon the current state-driven response to crimes... |
2025 |
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| Caroline Kelly |
TREATING THE SOCIAL CANCER: APPLYING ABOLITION CONSTITUTIONALISM TO QUALIFIED IMMUNITY |
62 American Criminal Law Review Online 1 (2025) |
C1-2Table of Contents Introduction. 1 I. BACKGROUND. 3 A. Abolition Constitutionalism. 3 B. The Problem with Qualified Immunity. 4 C. Abolishing Qualified Immunity is a Non-Reformist Reform. 7 II. The Supreme Court Must Abolish Qualified Immunity. 8 A. History and Purpose of the Ku Klux Klan Act. 8 B. Text of § 1983. 10 C. Precedent: Faulty... |
2025 |
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| Maryam Ahranjani |
UNARRESTING SCHOOL SAFETY |
25 Nevada Law Journal 709 (Spring, 2025) |
American public schools continue to utilize and expand harsh policing policies and practices, including, inter alia, on-site school resource officers, restraint and seclusion, zero tolerance, threat assessments, cameras, metal detectors, and use of student data to predict criminality. This expansion of safety measures continues despite experts'... |
2025 |
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| Catherine M. Grosso , Michael Laurence , Jeffrey Fagan |
UNDERSTANDING PROCESSES THAT PRODUCE RACIAL DISPARITIES IN CALIFORNIA DEATH SENTENCES: A REVIEW OF THE LITERATURE |
65 Santa Clara Law Review 39 (2024-2025) |
A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California's death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over... |
2025 |
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| Alexis Hoag-Fordjour |
UNIVERSAL PUBLIC DEFENSE |
60 Harvard Civil Rights-Civil Liberties Law Review 661 (Spring, 2025) |
This Article introduces a provocative thought experiment: state-funded counsel as a universal mandate for all people facing criminal charges. Said another way, universal public defense for everyone, even defendants who could otherwise afford representation. The Sixth Amendment currently protects the right to counsel of choice for people who can... |
2025 |
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| Meredith Esser |
UNPUNISHMENT PURPOSES |
109 Minnesota Law Review 1229 (February, 2025) |
Sentencing scholarship often begins by exploring the traditional purposes of punishment: deterrence, retribution, incapacitation, and rehabilitation. However, little scholarship exists addressing how these four punishment purposes apply in the post-sentencing or second-look contexts. Further, abstract theories of sentencing can often seem sterile... |
2025 |
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