| Author | Title | Citation | Summary | Year |
| Nicholas J. Johnson |
SECOND AMENDMENT SANCTUARIES: DEFIANCE, DISCRETION, AND RACE |
50 Pepperdine Law Review 1 (January, 2023) |
Second Amendment Sanctuaries deploy nonenforcement policies and strategies in defiance of firearms laws of superior jurisdictions. The scholarship so far has focused on whether Second Amendment Sanctuary policies are legally enforceable. This Article advances the scholarship beyond questions of de jure validity by examining the potential for... |
2023 |
| Mary Nicol Bowman |
SEEKING JUSTICE: PROSECUTION STRATEGIES FOR AVOIDING RACIALLY BIASED CONVICTIONS |
32 Southern California Interdisciplinary Law Journal 515 (Spring, 2023) |
Common rhetorical techniques used by prosecutors, even those who reject racially prejudiced beliefs, are likely to trigger jurors' implicit biases. Current case law and ethical rules set up well-intentioned prosecutors by obscuring the racial bias embedded in this rhetoric and the likely impact of coded language on jurors. In 2020, however,... |
2023 |
| F. Michael Higginbotham |
SHADES OF JUSTICE: RACIAL PROFILING THEN AND NOW |
94 University of Colorado Law Review 533 (Spring, 2023) |
Introduction. 533 I. Knowing Where You Come From. 534 II. The First Racial Profile. 538 III. The Presumption Continues. 541 Conclusion. 546 |
2023 |
| Nicolle Londoño-Rosado |
SILENCIO: THE HISPANIC/LATINO RETICENT APPROACH TO RACISM |
17 Florida A & M University Law Review 161 (Spring, 2023) |
C1-2Table of Contents Introduction. 163 I. Racism Against Latinos. 165 A. Mexican-American War. 165 B. Latino Lynching. 166 II. Theoretical View On Latino Silence. 169 A. Educational Institutions. 169 B. Political Processes. 172 C. Media Coverage. 174 D. Assimilation. 176 E. Cultural Aspect. 179 III. The Study. 180 A. Findings. 181 Conclusion. 182 |
2023 |
| Gabriel J. Chin |
SLAVE LAW, RACE LAW |
94 University of Colorado Law Review 551 (Spring, 2023) |
Introduction. 551 I. Free Black People and Enslaved Persons. 558 II. Regulating All Non-White People. 564 Conclusion. 569 |
2023 |
| Adjoa A. Aiyetoro |
SOCIAL CONSTRUCTION OF RACE UNDERGIRDS RACISM BY PROVIDING UNDUE ADVANTAGES TO WHITE PEOPLE, DISADVANTAGING BLACK PEOPLE AND OTHER PEOPLE OF COLOR, AND VIOLATING THE HUMAN RIGHTS OF ALL PEOPLE OF COLOR |
94 University of Colorado Law Review 415 (Spring, 2023) |
INTRODUCTION. 416 I. The Social Construction of Race and White Supremacy. 419 II. The Lethal Nature of the Construction of the Racial Hierarchy and White Supremacy. 426 A. Slavery. 426 B. Post Slavery Violence and Terrorism: The Tulsa Race Massacre. 428 C. Ending the Human and Structural Internalization of the Lie of a Racial Hierarchy and White... |
2023 |
| Tyler C. Weeks |
SPACE RACE 2.0: HOW LAUNCHING AN ACQUISITION SYSTEM FOCUSED ON OTHER TRANSACTION AUTHORITY CAN ACHIEVE AND MAINTAIN U.S. SUPERIORITY IN THE MOST CONSEQUENTIAL WARFIGHTING DOMAIN |
52 Public Contract Law Journal 415 (Spring, 2023) |
C1-3TABLE OF CONTENTS I. Introduction. 416 II. The Unprecedented National Security Challenge of Space. 419 A. Global Dependence on Space in the Twenty-First Century. 419 B. Overreliance on Space Has Created Vulnerabilities for U.S. National Security. 420 C. China's and Russia's Violations of International Law Will Likely Extend to Space. 423 D. The... |
2023 |
| Zoha Waseem |
STATELESS AND VULNERABLE: RACE, POLICING, AND CITIZENSHIP IN PAKISTAN |
46 PoLAR: Political and Legal Anthropology Review 128 (May, 2023) |
Some time ago, I approached a senior police officer in Pakistan, hoping to pitch a participatory action research project. The one I had in mind, I hoped, would help improve police-community interactions, especially in the context of migrant communities and those social groups rendered vulnerable due to their contested citizenship status or because... |
2023 |
| Sara Desai |
STREET SMARTS: THE RACE TO PATENT RIGHTS IN ATHLETIC FOOTWEAR |
30 Jeffrey S. Moorad Sports Law Journal 333 (2023) |
As society sprints into the future and companies sweat to keep up with technological advances, athletic brands are turning their focus to intelligent footwear for athletes. Intelligent footwear can improve athlete training and performance by providing biometric feedback to the wearer regarding speed, muscle motion, gait, and location. Intelligent... |
2023 |
| David E. Bernstein |
STUDENTS FOR FAIR ADMISSIONS AND THE END OF RACIAL CLASSIFICATION AS WE KNOW IT |
2023 Cato Supreme Court Review 143 (2022-2023) |
The Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) likely marks the beginning of the end of the overt use of race in university admissions. The Court's decision, however, has much broader implications. Harvard University and the University of North Carolina (UNC) classified... |
2023 |
| Victoria Nauman |
TACKLING DISCRIMINATION IN THE NFL: HOW THE RECENT CTE RACE-NORMING AGREEMENT HIGHLIGHTS THE NEED TO PROVIDE BROADER ANTI-DISCRIMINATION PROTECTIONS FOR NFL PLAYERS THROUGH COLLECTIVE BARGAINING AGREEMENTS |
14 William & Mary Business Law Review 489 (February, 2023) |
Chronic traumatic encephalopathy (CTE) is becoming a commonly known consequence of playing football. Many have become stunned at the effects of CTE among some of the National Football League's (NFL) most popular players. While the NFL agreed to compensate players who have suffered the effects of CTE, they did not do so fairly. The NFL employed... |
2023 |
| Antoinette Kavanaugh , Victoria Pietruszka , Danielle Rynczak , Dinisha Blanding |
TAKING THE NEXT STEP IN MIRANDA EVALUATIONS: CONSIDERING RACIAL TRAUMA AND THE IMPACT OF PRIOR POLICE CONTACT |
47 Law and Human Behavior 249 (February, 2023) |
By law, before interrrogating a suspect who is in custody, the police should inform them of their Miranda rights--the rights against self-incrimination and to an attorney. When a suspect or defendant waives their Miranda rights, a judge ultimately determines whether the waiver was legal. In making this determination, the judge employs the totality... |
2023 |
| Tess Bissell |
TEACHING IN THE UPSIDE DOWN: WHAT ANTI-CRITICAL RACE THEORY LAWS TELL US ABOUT THE FIRST AMENDMENT |
75 Stanford Law Review 205 (January, 2023) |
Abstract. Since January 2021, forty-two states have introduced anti-critical race theory (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader... |
2023 |
| Kevin R. Johnson |
TEACHING RACIAL AND SOCIAL JUSTICE IN THE IMMIGRATION LAW SURVEY COURSE |
67 Saint Louis University Law Journal 473 (Spring, 2023) |
This article makes the case for integrating racial and social justice in teaching the immigration law survey course. Part I briefly highlights the systemic injustices generated by the operation of the contemporary U.S. immigration laws and their enforcement. Part II considers the benefits of teaching immigration law through a racial and social... |
2023 |
| Laura Moy |
TECH SUPPORT: WIRING TECHNOLOGY LAW CLINICS TO SERVE RACIAL JUSTICE |
30 Clinical Law Review 205 (Fall, 2023) |
This essay explores the intersection between technology law, clinical pedagogy, and racial justice. Drawing from existing literature on clinics, social justice, racial justice, and technology, as well as from interviews and conversations with other technology law clinicians, the essay: 1) explains the racial and social justice dimensions of... |
2023 |
| Xuan-Thao Nguyen |
TECH SUPREMACY: THE NEW ARMS RACE BETWEEN CHINA AND THE UNITED STATES |
49 Journal of Corporation Law 103 (November, 2023) |
In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in... |
2023 |
| Oladeji Tiamiyu , Amy Schmitz , Colin Rule |
TECHNOLOGY DRIVEN RACIAL RECONCILIATION: A PRACTICAL GUIDE FOR THE USE OF TECHNOLOGY IN TRUTH COMMISSIONS |
38 Ohio State Journal on Dispute Resolution 59 (2023) |
I. Introduction A. Technology's Relevance for Transformative Reconciliation B. Technology's Role in Promoting Stakeholder Trust C. Technology's Role in Facilitating Personal Connections Without Sacrificing Understanding D. Technology's Role in Promoting Greater Flexibility in the System Design II. Tensions and Caveats Around Using Technology with... |
2023 |
| Taís de Barros Penteado |
TERCEIRIZADAS, CENTERED: A CRITICAL ANALYSIS OF OUTSOURCING AND GENDER AND RACIAL HIERARCHIES IN BRAZIL |
34 Yale Journal of Law & Feminism 246 (2023) |
Abstract: This article presents a critical reading of the Brazilian Supreme Court decision in Arguição de Descumprimento de Preceito Fundamental (ADPF) 324--the case in which the prohibition of outsourcing was declared unconstitutional. In this decision, the majority opinion is underpinned by a neoliberal logic and relies on an argument that... |
2023 |
| Noah C. Nix |
TEXTBOOK RESISTANCE: TEXAS' BAN ON CRITICAL RACE THEORY FAILS THE EDUCATION STANDARDS MANDATED BY INTERNATIONAL LAW |
51 Georgia Journal of International and Comparative Law 765 (2023) |
C1-2Table of Contents I. Introduction. 767 II. The New Texas Education Code Provisions in the Midst of an American Racial Reawakening and the Consequent Debate Over the Teaching of Critical Race Theory. 770 A. The New Texas Education Code Provision: Texas Education Code 28.0022, Certain Instructional Requirements and Prohibitions, Effective... |
2023 |
| Alexander A. Boni-Saenz |
THE AGE OF RACISM |
100 Washington University Law Review 1583 (2023) |
This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has yet to receive significant theoretical attention in the legal scholarship, despite the social importance of both age and race and the many ways in which they are embedded in the law and legal... |
2023 |
| Leah M. Watson |
THE ANTI-"CRITICAL RACE THEORY" CAMPAIGN - CLASSROOM CENSORSHIP AND RACIAL BACKLASH BY ANOTHER NAME |
58 Harvard Civil Rights-Civil Liberties Law Review 487 (Summer, 2023) |
This Article explores the rise of the anti-critical race theory movement, arguing that it is backlash to progress towards racial justice. Instruction on racism, culturally relevant teaching methods, and critical race theory-- collectively, race conscious instruction--improve students' comprehension, engagement, analytical skills, and social... |
2023 |
| Ryan T. Sakoda |
THE ARCHITECTURE OF DISCRETION: IMPLICATIONS OF THE STRUCTURE OF SANCTIONS FOR RACIAL DISPARITIES, SEVERITY, AND NET WIDENING |
117 Northwestern University Law Review 1213 (2023) |
Abstract--About four million people are serving a term of probation, parole, or post-release supervision in the United States. Due to the extensive use of incarceration as a punishment for conditions violations, these community supervision programs are a major factor contributing to mass incarceration and, as this Article shows, can play a... |
2023 |
| Kim Diana Connolly, Elisa Lackey |
THE BUFFALO MODEL: AN APPROACH TO ABA STANDARD 303(C)'S EXPLORATION OF BIAS, CROSS-CULTURAL COMPETENCY, AND ANTIRACISM IN CLINICAL & EXPERIENTIAL LAW |
70 Washington University Journal of Law & Policy 71 (2023) |
Clinical courses expose students not only to lawyering skills but also the essential values of the legal profession: provision of competent representation; promotion of justice, fairness, and morality; continuing improvement of the profession; and professional self-development. This Article offers an early analysis of ABA Standard 303(c) following... |
2023 |
| Michael Conklin , Angelo State University, San Angelo, TX, USA, Email: michael.conklin@angelo.edu |
THE CASE AGAINST RACE-BASED QUOTAS IN PHARMACEUTICAL TRIALS |
49 American Journal of Law & Medicine 1 (2023) |
This Article is the first to offer a comprehensive case against using racial quotas in pharmaceutical studies by providing a detailed examination of the arguments for and against the practice. It begins by discussing the current racial classification system, calls for racial quotas in pharmaceutical trials, and the troubling history of combining... |
2023 |
| Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
| Richard Delgado |
THE CONSEQUENCES OF SYSTEMIC RACISM: WHITE MEN'S LAW: THE ROOTS OF SYSTEMIC RACISM. BY PETER IRONS. NEW YORK, N.Y.: OXFORD UNIVERSITY PRESS. 2022. PP. XIX, 291. $29.95 |
11 Texas A&M Law Review 175 (Fall, 2023) |
If you kill a small animal of a certain species or swat an insect, the species itself is apt to survive and even flourish. They may produce more offspring to replace the numbers they lost. They may even benefit from the reduced competition for food. With humans, additional mechanisms come into play. During wartime, if a member of a unit suffers an... |
2023 |
| LaToya Baldwin Clark |
THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS |
132 Yale Law Journal 2139 (May, 2023) |
In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... |
2023 |
| Sarah J. Garcia |
THE DEATH PENALTY SEALS RACIAL MINORITIES' FATE: THE UNFORTUNATE REALITIES OF BEING A RACIAL MINORITY IN AMERICA |
25 Scholar: St. Mary's Law Review on Race and Social Justice 151 (2023) |
INTRODUCTION. 152 I. HISTORY. 155 A. The history of capital punishment in America led racial minorities to be put to death by shooting, hanging, electrocution, poison gas, and lethal injection. 155 B. Texas was ground zero for capital punishment, and perhaps, it still continues to be. 173 II. ANALYSIS. 176 A. Race-has and always will-play a... |
2023 |
| Samantha Rudelich |
THE DETROIT LAND BANK AUTHORITY: A MODERN TOOL PERPETUATING RACISM & CLASSISM IN THE CITY |
30 Georgetown Journal on Poverty Law and Policy 619 (Spring, 2023) |
Detroit has a long history of pushing out local residents and limiting their land ownership; a history rooted in racism and classism. This has led to large amounts of land in the city not under the control of residents and long-time Detroiters, but under the control of the city itself. Cities with large amounts of vacant and foreclosed land across... |
2023 |
| Paul J. Larkin , GianCarlo Canaparo |
THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
18 Liberty University Law Review 1 (Fall, 2023) |
Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... |
2023 |
| Jolie Zangari |
THE FEAR OF TOO MUCH JUSTICE: RACE, POVERTY, AND THE PERSISTENCE OF INEQUALITY IN THE CRIMINAL COURTS, PROFESSIONAL PRACTICE/NONFICTION, STEPHEN B. BRIGHT AND JAMES KWAK, AUTHORS (THE NEW PRESS) |
38-FALL Criminal Justice 42 (Fall, 2023) |
Written by the legendary death penalty defense attorney Stephen B. Bright and legal scholar James Kwak, this book brings to light the most significant injustices that have occurred in the American criminal justice system in a clear and unavoidable manner--for example, shocking portrayals of innocent people being sentenced to death, racial... |
2023 |
| Brenda D. Gibson |
THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY |
26 CUNY Law Review 172 (Summer, 2023) |
I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... |
2023 |
| Logan Ewanation, Evelyn M. Maeder, Institute of Criminology and Criminal Justice, Carleton University |
THE INFLUENCE OF RACE ON JURORS' PERCEPTIONS OF LETHAL POLICE USE OF FORCE |
47 Law and Human Behavior 53 (February, 2023) |
Objective: Many highly publicized police use-of-force encounters have recently occurred in the United States. This project primarily explored whether officer, juror, or victim race affects verdicts in trials involving police use of force. Hypotheses: Because of recent conflicting research surrounding race and juror decision-making, we conducted an... |
2023 |
| Mark S. Brodin |
THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE |
106 Marquette Law Review 593 (Spring, 2023) |
White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... |
2023 |
| Abby M. Fink |
THE LONG ROAD TO JUSTICE: WHY STATE COURTS SHOULD LOWER THE EVIDENTIARY BURDEN FOR PROVING RACIALIZED TRAFFIC STOPS AND ADOPT THE EXCLUSIONARY RULE AS A REMEDY FOR EQUAL PROTECTION VIOLATIONS |
13 Washington Journal of Social & Environmental Justice 1 (February, 2023) |
Racist and brutal policing continues to pervade the criminal legal system. Black and brown people who interact with the police consistently face unequal targeting and treatment. Routine traffic stops are especially dangerous and harmful and can lead to death. Under Whren, a police officer's racist motivations or implicit bias towards a driver do... |
2023 |
| Hardeep Dhillon , American Bar Foundation, Chicago, IL, USA, Email: hdhillon@abfn.org |
THE MAKING OF MODERN US CITIZENSHIP AND ALIENAGE: THE HISTORY OF ASIAN IMMIGRATION, RACIAL CAPITAL, AND US LAW |
41 Law and History Review 1 (February, 2023) |
This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern... |
2023 |
| Marc Spindelman |
THE NEW INTERSECTIONAL AND ANTI-RACIST LGBTQIA+ POLITICS: SOME THOUGHTS ON THE PATH AHEAD |
15 ConLawNOW 1 (2023) |
Something remarkable has been happening lately inside LGBTQIA+ communities and movements. It involves the widespread stirring and shifting of individual and collective political consciousness in directions and to a scale not seen before. These changes to LGBTQIA+ consciousness--and the politics they are producing-- would not be happening without... |
2023 |
| Devin E. Miller |
THE NEW SPACE RACE: EXPLORATION AND EXPLOITATION IN THE COMMONS OF THE TWENTY-FIRST CENTURY |
50 Syracuse Journal of International Law and Commerce 153 (Spring, 2023) |
On October 4, 1957, the USSR launched the Earth's first artificial satellite, Sputnik, into low Earth orbit. Unbeknownst to the Kremlin and amid a cold war with the United States, the USSR had inaugurated the space age. The United States military, scientific community, and government were caught off guard by the Soviet technological achievement... |
2023 |
| Sarah Mikva Pfander |
THE PATH TO MUNICIPAL LIABILITY FOR RACIALLY DISCRIMINATORY POLICING |
69 UCLA Law Review 1270 (January, 2023) |
Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic... |
2023 |
| Naomi Cahn |
THE POLITICAL LANGUAGE OF PARENTAL RIGHTS: ABORTION, GENDER-AFFIRMING CARE, AND CRITICAL RACE THEORY |
53 Seton Hall Law Review 1443 (6/12/2023) |
This Article explores how the rhetoric of parental rights has been deployed to override minors' access to abortion, gender-affirming care, and education about critical race theory and gender identity. The overruling of Roe v. Wade and controversies over gender-affirming care and appropriate material to be taught in schools have highlighted... |
2023 |
| Vanessa Miller, Frank Fernandez, Neal H. Hutchens |
THE RACE TO BAN RACE: LEGAL AND CRITICAL ARGUMENTS AGAINST STATE LEGISLATION TO BAN CRITICAL RACE THEORY IN HIGHER EDUCATION |
88 Missouri Law Review 61 (Winter, 2023) |
Anti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (CRT) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets... |
2023 |
| Kamari Koonce |
THE RACE TO NET ZERO: HOW ESG INVESTORS ARE DRIVING CORPORATIONS TO ETHICALLY LOWER GREENHOUSE GAS EMISSIONS |
46-SPG Environs Environmental Law and Policy Journal 111 (Spring, 2023) |
Scientists, economists, lawyers, government officials, and environmentalists have struggled for decades to answer why climate change is hard to fix. There is no absolute answer to this question because there are many factors that increase global temperature. However, one undeniable fact is that corporations are one of the primary emitters of... |
2023 |
| I. India Thusi |
THE RACIALIZED HISTORY OF VICE POLICING |
69 UCLA Law Review 1576 (September, 2023) |
Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States--such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and... |
2023 |
| Madalyn K. Wasilczuk |
THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE |
111 Georgetown Law Journal 1125 (May, 2023) |
C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... |
2023 |
| Ingrid V. Eagly |
THE RACISM OF IMMIGRATION CRIME PROSECUTION |
109 Iowa Law Review Online 27 (2023) |
ABSTRACT: Eric Fish's Article, Race, History, and Immigration Crimes, explores the racist motivation behind the original 1929 enactment of the two most common federal immigration crimes, entry without permission and reentry after deportation. This Response engages with Fish's archival work unearthing this unsettling history and examines how his... |
2023 |
| Jancy Nielson, Esq. |
THE SLOW RACE: ACHIEVING EQUITY THROUGH LEGISLATIVE AND AGENCY MINORITY IMPACT STATEMENTS |
41 Minnesota Journal of Law & Inequality 45 (Summer, 2023) |
The Iowa Legislature enacted the nation's first minority impact statement legislation in 2008. This legislation came after a study by Marc Mauer from the Sentencing Project ranked Iowa as the worst state in the country for racially disproportionate incarceration. Former Iowa State Representative Wayne Ford championed this legislation in Iowa, which... |
2023 |
| Peter S. Lehmann, Department of Criminal Justice and Criminology, Sam Houston State University |
THE TRIAL TAX AND THE INTERSECTION OF RACE/ETHNICITY, GENDER, AND AGE IN CRIMINAL COURT SENTENCING |
47 Law and Human Behavior 201 (February, 2023) |
Objective: Prior research consistently demonstrates that defendants convicted at trial are sentenced more harshly than those who plead guilty. Additionally, a vast literature has shown that Black and Hispanic defendants, and especially young minority males, are particularly disadvantaged in sentencing, though these effects may be conditional on... |
2023 |
| Sharon Press , Richard Frase , Juanita Freeman |
THE TRUTH AND ACTION PROJECT: ADDRESSING SYSTEMIC RACISM IN THE CRIMINAL JUSTICE SYSTEM IN MINNESOTA |
38 Ohio State Journal on Dispute Resolution 539 (2023) |
I. Introduction II. Transitional Justice v. Restorative Justice III. Truth and Action Project A. Scope B. Advisory Committee and Work Groups 1. Community Engagement a. Community Listening Sessions 2. Story Collection 3. Data Collection a. Arrests b. Charging IV. Conclusion I think the biggest challenge is that white people, we want to go faster,... |
2023 |
| Shiv Narayan Persaud |
TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS |
18 University of Massachusetts Law Review 79 (Winter, 2023) |
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... |
2023 |
| SpearIt |
UNDERSTANDING AN AMERICAN PARADOX: AN OVERVIEW OF THE RACIAL MUSLIM: WHEN RACISM QUASHES RELIGIOUS FREEDOM |
50 Hastings Constitutional Law Quarterly 141 (March, 2023) |
C1-2Table of Contents I. Prologue to a Paradox: Religious Liberty in America. 141 II. The Text and Central Argument. 142 III. Unveiling Mechanics of Oppression. 143 IV. Moving Beyond the Racial Muslim. 145 |
2023 |