| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| John Powell , Ned Conner |
FORM AND SUBSTANCE: UNDERSTANDING CONCEPTUAL AND DESIGN DIFFERENCES AMONG RACIAL EQUITY PROPOSALS AND A BOLD APPLICATION |
38 Ohio State Journal on Dispute Resolution 13 (2023) |
I. Introduction II. Defining Racial Equity A. Conceptual Underpinnings B. Problems with Equity C. A Different Vision of Racial Justice III. Racial Equity Cleavages A. Race-Targeted v. Universalistic Form 1. Race-Targeted Policies 2. Universalistic, but Race-Conscious B. Racial Equity Reforms v. New Initiatives 1. Reforms 2. New Programs &... |
2023 |
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| Hal Clay |
FORTY ACRES AND A MULE: AMERICA'S BILL FOR REPARATIONS IS LONG PAST OVERDUE |
24 Scholar: St. Mary's Law Review on Race and Social Justice 505 (2023) |
Introduction. 507 A. The Justification For Timely Reparations Stems From The Historic Injustices Perpetrated On Black Americans. 507 I. History. 517 A. There Are Historical Justifications For Reparations. 517 B. There Is No Better Justification For Reparations Established Than Federal Payments Made To Slave Owners Before And After The Civil War.... |
2023 |
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| Maxine Eichner |
FREE-MARKET FAMILY POLICY AND THE NEW PARENTAL RIGHTS LAWS |
101 North Carolina Law Review 1305 (June, 2023) |
How can government best support children's interests? Recently, federal and state policies have suggested conflicting answers to this question. One answer comes from a series of economic measures supporting families that were passed by Congress during the pandemic. These measures rested on the rationale that families do better when they are... |
2023 |
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| Mary Holper |
GANG ACCUSATIONS: THE BEAST THAT BURDENS NONCITIZENS |
89 Brooklyn Law Review 119 (Fall, 2023) |
A teenager from El Salvador attends a high school that is populated mostly by Latine youth. He finds his friends in a group of boys. He gets into a scuffle with another boy. Little does he know, with each of these interactions, he has been accruing points in a database that tracks gang membership and affiliation. The friendships earn him two... |
2023 |
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| Deborah M. Weissman |
GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES |
20 Hastings Race and Poverty Law Journal 55 (Spring, 2023) |
C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... |
2023 |
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| Deborah M. Weissman |
GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES |
34 Hastings Journal on Gender and the Law 55 (Spring, 2023) |
C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... |
2023 |
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| Jose Garcia-Fuerte , William Garriott |
GREENING THE GREEN RUSH: HOW ADDRESSING THE ENVIRONMENTAL IMPACT OF CANNABIS LEGALIZATION CAN ENHANCE SOCIAL EQUITY AND REMEDIATE THE HARMS OF THE WAR ON DRUGS |
53 Environmental Law 169 (Spring, 2023) |
The legalization of cannabis in the United States has focused on creating regulated, for-profit commercial markets modeled on alcohol to replace the prohibition regime that held sway for most of the 20th Century. Like the fabled gold rush of the 19th Century, this new market opportunity has been a magnet for entrepreneurs and prospectors of all... |
2023 |
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| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
Yes |
| Randi Mandelbaum |
HEEDING THE VOICES OF MIGRANT YOUTH: THE NEED FOR ACTION |
121 Michigan Law Review 965 (April, 2023) |
Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro. New York: New York University Press. 2022. Pp. ix, 163. Cloth, $89; paper, $28. Nicolas is a sixteen-year-old boy who was forced to flee Ecuador due to extreme poverty as well as threats to him and his family (pp. 1-2). His father had resided in the United States... |
2023 |
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| Dr. Lucius Couloute , Kacie Snyder |
HOUSING INSECURITY AMONG PEOPLE WITH CRIMINAL RECORDS: A FOCUS ON LANDLORDS |
32-SUM Kansas Journal of Law & Public Policy 21 (Summer, 2023) |
Approximately 600,000 people are released from prisons each year and at least 79 million adults--over one third of the population--now hold some form of a criminal record. Upon formal criminalization, a combination of socioeconomic barriers compound to inhibit one's chances at successfully (re)integrating into society. In particular,... |
2023 |
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| Kiricka Yarbough Smith, Maura Reinbrecht |
HOW ANTI-SEX TRAFFICKING EFFORTS SHOULD ALIGN WITH CRIMINAL JUSTICE REFORM |
38 Berkeley Journal of Gender, Law & Justice 158 (2023) |
Current law enforcement practices--including efforts to address sex trafficking--disproportionately harm Black people. This Article proposes that front-end criminal justice reforms to reduce the criminalization of poverty, reform racially biased police practices, and increase police accountability could mitigate the disparate impact that policing... |
2023 |
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| Steven Arrigg Koh |
HOW DO PROSECUTORS "SEND A MESSAGE"? |
57 U.C. Davis Law Review 353 (November, 2023) |
The recent indictments of former President Trump are stirring national debate about their effects on American society. Commentators speculate on the cases' impact outside of the courtroom--on the 2024 election, on political polarization, and on the future of American democracy. Such cases originated in the prosecutor's office, begging the question... |
2023 |
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| Courtney G. Joslin , Douglas NeJaime |
HOW PARENTHOOD FUNCTIONS |
123 Columbia Law Review 319 (March, 2023) |
Approximately two-thirds of states have functional parent doctrines, which enable courts to extend parental rights based on the conduct of forming a parental relationship with a child. Different jurisdictions use different names--including de facto parentage, in loco parentis, psychological parenthood, or presumed parentage--and the doctrines arise... |
2023 |
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| Sandeep Singh Dhaliwal |
INVESTING IN ABOLITION |
112 Georgetown Law Journal 1 (October, 2023) |
This Article situates the prison within a broader macro-financial trend, what I call community capture. As private equity firms have consolidated the market for carceral services, they have also gained control over other essential social infrastructure, like housing and healthcare. By layering debt, fees, and aggressive profit expectations over... |
2023 |
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| Blanche Bong Cook |
JEFFREY EPSTEIN: PEDOPHILES, PROSECUTORS, AND POWER |
26 Journal of Gender, Race and Justice 311 (Spring, 2023) |
This isn't about bad men, though they were most assuredly bad men . It's about a system that is void of integrity. Mistakes can happen. But if you don't do anything to stop them from happening again, you can't keep calling them mistakes. Jeffrey Epstein, a wealthy, white, billionaire child rapist, ran an international sex trafficking ring. Rather... |
2023 |
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| Dontay Proctor-Mills |
JUDICIAL ETHICS AND THE ERADICATION OF RACISM |
46 Seattle University Law Review 813 (Spring, 2023) |
C1-2Contents Introduction. 814 I. Summary. 815 A. Washington State Code of Judicial Conduct. 815 B. Other Commission Decisions Involving Canon 1. 815 C. Background and Facts of Judge Keenan's Case. 818 1. The Ethics Complaint. 819 II. Analysis. 820 A. The Commission's Decision and Application of Canon 1. 820 B. The Reasonable Perspective. 822 C.... |
2023 |
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JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT |
44 Columbia Journal of Gender and Law 1 (Fall, 2023) |
Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... |
2023 |
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| Kaylie Hidalgo |
KEEP AUSTIN . WHITE? HOW EQUITABLE DEVELOPMENT CAN SAVE AUSTIN, TEXAS FROM ITS RACIST PAST AND HOMOGENIZED FUTURE |
9 Texas A&M Journal of Property Law 109 (4/5/2023) |
More than a century of racist federal, state, and local government policies created inequitable and racially segregated neighborhoods through a practice known as redlining. I-35 in Austin, Texas, represents one of the most iconic and stark segregationist splits in the country, with the Eastside being impoverished and mostly Black while the... |
2023 |
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| Rose Wehrman |
KEEPING FERRIS OUT OF FOSTER CARE: REFORMING THE JJDPA TO PREVENT HOME REMOVALS BASED ON TRUANCY |
57 Columbia Journal of Law and Social Problems 161 (Fall, 2023) |
Truancy is directly correlated with negative educational and life outcomes for students. The state exacerbates these negative effects when it removes students from their homes for truancy. Far from addressing the underlying causes of truancy, home removals--whether into secure or non-secure placements--cause devastating harm. The Juvenile Justice... |
2023 |
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| Robyn M. Powell |
LEGAL ABLEISM: A SYSTEMATIC REVIEW OF STATE TERMINATION OF PARENTAL RIGHTS LAWS |
101 Washington University Law Review 423 (2023) |
Although the fundamental right to raise a family is among our most cherished, it is not equally afforded to everyone. Indeed, the United States has an appalling and enduring history of policing parenthood among people with disabilities. In recent years, the rights of parents with disabilities and their children have garnered unprecedented attention... |
2023 |
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| Jennifer M. Chacón |
LEGAL BORDERLANDS AND IMPERIAL LEGACIES: A RESPONSE TO MAGGIE BLACKHAWK'S THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review Forum 1 (November, 2023) |
What are the borderlands? In her brilliant and sweeping exploration of the constitution of American colonialism, Professor Maggie Blackhawk references the borderlands dozens of times. She ultimately looks to the borderlands for constitutional salvation, extracting six principles of borderlands constitutionalism that she urges us to reckon with... |
2023 |
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| Lindsay Norton |
LET'S TALK DIRTY: REVEALING THE UNITED STATES SANITATION CRISIS AND ITS DISPROPORTIONATE EFFECT ON POOR AND MINORITY COMMUNITIES |
34 Villanova Environmental Law Journal 85 (2023) |
The Black Belt region of the southern United States, which spans from Alabama to Mississippi, received its name because of its non-absorbent, dark, and clay-like soil. This soil, while ideal for growing cotton, is impenetrable and does not absorb water properly. Consequently, sewage and wastewater accumulate and create a hygienic nightmare for the... |
2023 |
Yes |
| Heather Latino |
LEVERAGING HOUSING PROGRAMS: ENSURING THAT FOOD ACCESS INVESTMENTS DO NOT DISPLACE PEOPLE |
19 Journal of Food Law & Policy 58 (Spring, 2023) |
I see one-third of a nation ill housed, ill clad, ill nourished .. The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little. Franklin Delano Roosevelt, January 20, 1937 In September 2022, the Biden-Harris Administration convened a White House... |
2023 |
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| Molly C. Schmidt |
LIBERATING LEGAL AID: REDUCING COVID-19'S JUSTICE GAP AND PROMOTING HEALTH BY REMOVING THE LEGAL SERVICES CORPORATION'S CLASS ACTION AND ADVOCACY RESTRICTIONS |
71 Cleveland State Law Review 509 (2023) |
The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by low-income Americans served by LSC-funded legal aid organizations: the growing justice gap. The justice gap represents the unmet civil legal... |
2023 |
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| Ari Ezra Waldman |
MANUFACTURING UNCERTAINTY IN CONSTITUTIONAL LAW |
91 Fordham Law Review 2249 (May, 2023) |
Civil rights litigation is awash in misinformation. Litigants have argued that abortion causes cancer, that gender-affirming hormone therapy for adolescents is irreversible, and that in-person voter fraud is a massive problem. But none of that is true. The conventional scholarly account about law and misinformation, disinformation, and dubious... |
2023 |
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| Gregory Brazeal |
MARKETS AS LEGAL CONSTRUCTIONS |
91 University of Cincinnati Law Review 595 (2023) |
C1-2Contents I. Introduction. 595 II. Government Versus the Market in the Reagan Era. 601 A. The Evidence. 602 1. The Tea Party--and Richard Posner. 602 2. From Laissez Faire to Free Enterprise. 606 3. Milton Friedman, Ayn Rand, and the Freedom School. 609 4. Contemporary Testimony. 614 5. Thomas Piketty versus Mehrsa Baradaran. 621 B. A... |
2023 |
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| Anna Cousin |
MEALS FOR ALL, NOT JUST THE CAKE EATERS: A CALL FOR UNIVERSAL SCHOOL LUNCH IN MINNESOTA AS A STEP TOWARDS RACIAL EQUITY |
44 Mitchell Hamline Law Journal of Public Policy and Practice 84 (Spring, 2023) |
I.. Introduction 85 II.. What is Food Insecurity and Who Does it Impact? 87 III.. Impact of Food Insecurity on Youth Health and Well-Being 93 IV.. History and Implementation of The National School Lunch Program and Children's Nutrition Programs in the United States 98 V.. The Systems Meant to Address the Issue Perpetuate Youth Food Insecurity 105... |
2023 |
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| Jake Polinsky |
MINNESOTA'S MANDATORY COURT SURCHARGE AND THE FAILURE OF THE FEE-FOR-SERVICE CRIMINAL JUSTICE SYSTEM |
41 Minnesota Journal of Law & Inequality 191 (Winter, 2023) |
In 2014, Ebony was thirty-six and living in Ferguson, Missouri. She had amassed about $2,000 in fines and fees due to traffic tickets and was having trouble paying this debt off. Unfortunately for Ebony, the Ferguson Municipal Court's primary tool for collecting on outstanding fines and fees when someone missed a payment was to issue an arrest... |
2023 |
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| Eric J. Boos, MA, Ph.D, JD, LLM |
MORAL IMPERATIVE--LEGAL REQUIREMENT: WHY LAW SCHOOLS SHOULD REQUIRE POVERTY LAW AND INTERNATIONAL HUMAN RIGHTS |
19 University of Saint Thomas Law Journal 63 (Spring, 2023) |
Abstract. 63 Statement of the Problem. 64 Race Matters. 67 Developing a Philosophy of Economics. 71 A Vicious Cycle: Poverty Causes Crime and Crime Causes More Poverty. 74 Academic Activism as a Solution. 84 The Wrong Priority for Education. 89 Toward a Theory of Liberal Learning Through a More Complete Epistemology. 94 |
2023 |
Yes |
| Shayak Sarkar |
NEED-BASED EMPLOYMENT |
64 Boston College Law Review 119 (January, 2023) |
Introduction. 120 I. Productivity and Beyond. 127 II. Need-Based Employment in Practice. 131 A. Historical Precedent: Need Through the New Deal's Work Programs. 131 1. Need-Based Employment Before the New Deal. 131 2. Need and the New Deal's Pre-WPA Work Programs. 133 3. Need and the WPA. 135 B. Contemporary Need-Based Employment. 138 1. Federal... |
2023 |
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| Brandee McGee |
NO APOLOGY UNTIL ABOLITION: REDRESSING THE ONGOING ATROCITY OF SLAVERY |
60 San Diego Law Review 535 (August-September, 2023) |
C1-2Table of Contents I. Introduction. 536 II. Mythologizing Black Criminality. 539 III. The Prison-Industrial Complex. 545 A. The Origin of the Penitentiary. 545 B. The Prison-Industrial Complex Today. 546 C. Broader Consequences of Mass Incarceration and How It Continues the Atrocity. 551 IV. Abolition. 553 V. Abolition Must Come Before or With... |
2023 |
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| Amna A. Akbar |
NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY |
132 Yale Law Journal 2497 (June, 2023) |
Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... |
2023 |
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| Rachael K. Cox |
OBEY OR ABEY: AN EMPIRICAL EXAMINATION OF ABEYANCE AGREEMENTS IN PUBLIC SCHOOL DISCIPLINE |
117 Northwestern University Law Review 1427 (2023) |
Abstract--Exclusionary discipline is widely understood to mean the typical responses to student misbehavior in public schools: suspension and expulsion. But sometimes their lesser-known counterpart, the abeyance agreement, swoops in before the suspension or expulsion is effectuated and gives the student a second chance to avoid such... |
2023 |
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| Andrew Hammond |
ON FIRES, FLOODS, AND FEDERALISM |
111 California Law Review 1067 (August, 2023) |
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What's more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment... |
2023 |
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| Jamelia Morgan |
ON THE RELATIONSHIP BETWEEN RACE AND DISABILITY |
58 Harvard Civil Rights-Civil Liberties Law Review 663 (Summer, 2023) |
For decades, legal scholars have examined the similarities between race and disability, and in particular, the similarities between the forms of social subordination, marginalization, and exclusion experienced by either racial minorities or people with disabilities. This Article builds on this existing scholarship to articulate and defend an... |
2023 |
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| John R. Beatty |
OPEN ACCESS WITHOUT OPEN ACCESS VALUES: THE STATE OF FREE AND OPEN ACCESS TO LAW REVIEWS |
115 Law Library Journal 41 (2023) |
This study examines 648 currently published law journals to determine the amount of freely available content and whether the journals have adopted open access behaviors. Although most of the journals have volumes available online for free, the usual hallmarks of open access, including open licenses and clear reuse policies, are absent.... |
2023 |
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| Rachel López |
PARTICIPATORY LAW SCHOLARSHIP |
123 Columbia Law Review 1795 (October, 2023) |
Drawing from the experience of coauthoring scholarship with two activists who were sentenced to life without parole over three decades ago, this piece outlines the theory and practice of Participatory Law Scholarship (PLS). PLS is legal scholarship written in collaboration with authors who have no formal training in the law but rather expertise in... |
2023 |
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| S. Lisa Washington |
PATHOLOGY LOGICS |
117 Northwestern University Law Review 1523 (2023) |
Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... |
2023 |
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| Celestina Radogno, Esq. |
PHYSICIAN DISCIPLINE AND THE SOCIAL DETERMINANTS OF HEALTH IN LOUISIANA |
26 Quinnipiac Health Law Journal 129 (2023) |
Socioeconomic status can affect access to quality medical care. But little research exists on the intersection of the physician disciplinary system and the social determinants of health. This research uses derived data to examine the characteristics of physicians facing disciplinary action in Louisiana as well as the relationships between... |
2023 |
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| I. Bennett Capers |
POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT |
136 Harvard Law Review 2044 (June, 2023) |
Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... |
2023 |
Yes |
| Abigail Nieves Delgado |
POLICING IN CRYPTORACIAL SOCIETIES: THE CASE OF MEXICO |
46 PoLAR: Political and Legal Anthropology Review 114 (May, 2023) |
In 2013, the Official Journal of the Federation of Mexico listed the key challenges facing Mexico's judicial institutions: a lack of public trust due to widespread corruption and systematic failure to prosecute and convict criminals (DOF, 2014). A plan to address these issues ensued. Written by the National Conference on the Administration and... |
2023 |
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| Valena E. Beety , Jennifer D. Oliva |
POLICING PREGNANCY "CRIMES" |
98 New York University Law Review Online 29 (March, 2023) |
The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization held that there is no right to abortion healthcare under the United States Constitution. This Essay details how states prosecuted pregnant people for pregnancy behaviors and speculative fetal harms prior to the Dobbs decision. In this connection, it also identifies two,... |
2023 |
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| Jean Galbraith, Latifa AlMarri, Lisha Bhati, Rheem Brooks, Zachary Green, Margo Hu, Noor Irshaidat |
POVERTY PENALTIES AS HUMAN RIGHTS PROBLEMS |
117 American Journal of International Law 397 (July, 2023) |
Fines and other financial sanctions are frequently imposed by criminal justice systems around the world. Yet they also raise grave concerns about economic discrimination. Unless they are perfectly scaled to defendants' financial circumstances, they will penalize poor persons far more than rich ones--and poor defendants' inability to pay can lead to... |
2023 |
Yes |
| Clare Huntington |
PRAGMATIC FAMILY LAW |
136 Harvard Law Review 1501 (April, 2023) |
C1-2CONTENTS Introduction. 1503 I. The Puzzle of Contemporary Family Law.. 1512 A. Family Law as a Locus of Contestation. 1512 1. Sites of Division. 1512 2. Driving Forces. 1516 3. Risks to Children and Families. 1521 B. Patterns in Family Law that Defy Polarization. 1523 1. Convergence. 1524 2. Depolarization. 1527 3. Nonpartisan Pluralism. 1534... |
2023 |
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| Nina Varsava |
PRECEDENT, RELIANCE, AND DOBBS |
136 Harvard Law Review 1845 (May, 2023) |
C1-2CONTENTS Introduction. 1846 I. Stare Decisis and Reliance Interests. 1848 A. Protecting Expectations. 1848 B. Constitutional Precedent. 1857 II. Dobbs on Reliance. 1863 A. Tangible Reliance. 1863 B. Intangible Reliance. 1873 III. The Value of Intangible Reliance. 1885 A. Grounding Intangible Reliance. 1885 B. Societal Reliance. 1894 C.... |
2023 |
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| Jordan Gross |
PRETRIAL JUSTICE IN OUT-OF-THE-WAY PLACES - INCLUDING RURAL COMMUNITIES IN THE BAIL REFORM CONVERSATION |
84 Montana Law Review 159 (Summer, 2023) |
Introduction. 161 I. Defining Rural. 170 A. Metrics Relevant to Rural Bail Administration and Reform. 171 B. Urban and Rural Differences in Bail Administration. 175 II. Pretrial Release and Detention in the U.S.. 180 A. Bail Basics. 180 B. The Constitutional Right-to-Bail Divide. 187 III. Blueprint of Contemporary Bail Reform, Mapped onto Rural... |
2023 |
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| Brooke Hodgins |
PRETRIAL RELEASE, RISK ASSESSMENT, AND THE FAILING MOVEMENT TOWARDS A CASHLESS BAIL SYSTEM: THE NEED TO TARGET THE SOURCE |
29 Cardozo Journal of Equal Rights & Social Justice 773 (Summer, 2023) |
C1-2Table of Contents I. Introduction. 773 II. Background. 777 A. Historical Context. 777 B. Bail and the Supreme Court. 780 III. Problem. 782 A. The First Bail Reform: Movement of the 1960s. 782 B. Modern Day Cash Bail System. 783 i. The Racially Discriminatory Impact of the Cash Bail System. 784 C. Modern Day Bail Reform. 786 IV. Proposal. 787 A.... |
2023 |
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| Elaina Marx |
PUNISHMENT, POVERTY, AND THE LIMITS OF JUDICIAL POLICYMAKING |
30 Georgetown Journal on Poverty Law and Policy 241 (Winter, 2023) |
In 1996, prisoners' rights formally fell out of public favor. The Prison Litigation Reform Act (PLRA) put a period on the widespread prisoners' rights movement of the 1960s and 70s: it drastically diminished the ability of prisoners to vindicate their rights in courts, the incentives for lawyers to represent prisoners, and the ability of courts... |
2023 |
Yes |
| Elizabeth Tobin-Tyler |
PUTTING YOUR MONEY WHERE YOUR MOUTH IS: MATERNAL HEALTH POLICY AFTER DOBBS |
53 Seton Hall Law Review 1577 (6/12/2023) |
What is pro-life about putting a woman in a situation where she must risk pregnancy without proper medical, social and emotional support? What is pro-life about forcing the birth of a child, if that child will enter a world of rejection, deprivation and insecurity, to say nothing of the fear, anxiety and danger that comes with poverty, crime... |
2023 |
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| Anthony V. Alfieri |
RACE ETHICS: COLORBLIND FORMALISM AND COLOR-CODED PRAGMATISM IN LAWYER REGULATION |
36 Georgetown Journal of Legal Ethics 353 (Summer, 2023) |
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville Unite the Right Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and... |
2023 |
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