| Author | Title | Citation | Summary | Year |
| Casey R. Johnson, Michael A. Gregg |
2020 RACIAL JUSTICE LEGISLATIVE REVIEW: THE LIMITS OF THE OUTRAGE SURROUNDING GEORGE FLOYD |
63-FEB Orange County Lawyer 26 (February, 2021) |
The year 2020 will forever be associated with the devastation of COVID-19. Institutions throughout the country had to adapt during unprecedented times to continue to function as best they could. The California legislature was no exception. Virtual hearings, online meetings, and telephone calls replaced the personable, in-person connections that... |
2021 |
| The Honorable Ashleigh Parker Dunston |
A CALL TO ACTION: FIGHTING RACIAL INEQUALITY BEHIND THE BENCH |
43 Campbell Law Review 109 (Winter, 2021) |
When I was asked to write this essay for the Campbell Law Review's issue on The State Court Judges' Perspectives, I was asked to specifically share my experiences with racism in practice and now on the bench. Quite frankly, I'm a thirty-three-year-old, black woman and have been practicing law for only the last eight years and serving on the bench... |
2021 |
| D. Bruce Hoffman |
A CONVERSATION ABOUT DIVERSITY, RACISM AND EQUALITY IN THE LEGAL PROFESSION |
31 Competition: The Journal of the Antitrust and Unfair Competition Law Section of the California Lawyers Association 73 (Spring, 2021) |
A goal of the Antitrust and Unfair Competition Law Section is to increase diversity and inclusion in the antitrust bar. This esteemed panel of antitrust experts from in-house, private, and government practice discusses the state of diversity in the field. It also discusses models for increasing diversity in organizations, like the Rooney Rule used... |
2021 |
| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 New York University Annual Survey of American Law 375 (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
| Sarah Brady Siff, Visiting Assistant Professor, Drug Enforcement & Policy Center, Moritz College of Law, The Ohio State University |
A HISTORY OF EARLY DRUG SENTENCES IN CALIFORNIA: RACISM, RIGHTISM, REPEAT |
2021 Federal Sentencing Reporter 5161970 (October 1, 2021) |
For the past hundred years, harsh drug sentences have had extraordinary support from the public. Historically, enthusiasm for drug prohibition often coincides with affinities for summary justice and authoritarian social control. Escalations of drug sentences in California from 1881 to 1961 followed a pattern of collective myth making and value... |
2021 |
| Justin Desautels-Stein |
A PROLEGOMENON TO THE STUDY OF RACIAL IDEOLOGY IN THE ERA OF INTERNATIONAL HUMAN RIGHTS |
67 UCLA Law Review 1536 (April, 2021) |
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through... |
2021 |
| Kallie S. Klein , Susan R. Klein |
A RACIALLY BIASED OBSTACLE COURSE: APPRENDI TRANSFORMED THE FEDERAL SENTENCING GUIDELINES INTO A SERIES OF JUDICIAL OBSTACLES; CAN SHAME REDUCE THE RACIAL DISPARITIES? |
99 North Carolina Law Review 1391 (June, 2021) |
We are delighted to celebrate the twentieth Anniversary of Apprendi v. New Jersey, a case that sought to correctly enshrine the jury's role in a criminal trial by requiring the government both to plead in an indictment and prove to a jury beyond a reasonable doubt any facts triggering an increased statutory maximum penalty. As we note in Part I of... |
2021 |
| Laura M. Moy |
A TAXONOMY OF POLICE TECHNOLOGY'S RACIAL INEQUITY PROBLEMS |
2021 University of Illinois Law Review 139 (2021) |
Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative... |
2021 |
| Michael Stokes Paulsen |
ABORTION AS AN INSTRUMENT OF EUGENICS |
134 Harvard Law Review Forum 415 (June 1, 2021) |
Professor Melissa Murray is right about one thing. Laws banning trait-selection abortion--prohibitions on abortion when had solely because of the race, sex, or specific disability of the child that otherwise would be born-- pose a direct challenge to the Supreme Court's constitutional abortion-law doctrine under Roe v. Wade and Planned Parenthood... |
2021 |
| Eric Mogilnicki, Graves Lee, Covington & Burling LLP |
ACTING DIRECTOR UEJIO DELIVERS REMARKS REGARDING RACIAL HOME OWNERSHIP GAP AND SPECIAL PURPOSE CREDIT PROGRAMS |
2021-SEP Business Law Today 3 (September, 2021) |
On September 1, 2021, CFPB Acting Director Dave Uejio spoke before the National Fair Housing Alliance's Virtual Forum on Special Purpose Credit Programs. In his remarks, he discussed the racial home ownership gap, the importance of access to home ownership in eliminating these disparities, and the effects of the COVID-19 pandemic in exacerbating... |
2021 |
| Brittany L. Raposa |
ADDING A LAYER OF INJUSTICE: AMPLIFIED RACIAL DISPARITIES IN REPRODUCTIVE HEALTH CARE IN THE WAKE OF COVID-19 |
98 University of Detroit Mercy Law Review 351 (Spring, 2021) |
Imagine a woman with pre-existing health conditions getting pregnant in the middle of 2020. The woman lives in a large rural area, and her obstetrician is approximately 40 miles away. Due to the pandemic, the woman is laid off from work, and she and her partner are on a tight financial budget, as they already always struggled financially. She feels... |
2021 |
| Matt Allinder |
ADDRESSING RACIAL DISPARITIES IN THE DISTRIBUTION OF THE COVID-19 VACCINE |
30 Annals of Health Law Advance Directive 101 (Spring, 2021) |
It is well documented that systemic health and social inequalities have put many individuals belonging to racial and ethnic minority groups at increased risk of being exposed to and dying from COVID-19. Social determinants of health are conditions in the environments in which people are born, live, learn, work, play, worship, and age that affect a... |
2021 |
| Rory Svoboda |
ADDRESSING RACIAL DISPARITIES IN TREATMENT FOR OPIOID USE DISORDER ON CHICAGO'S WEST SIDE |
30 Annals of Health Law Advance Directive 279 (Spring, 2021) |
The opioid epidemic began in the 1990s and has since persisted with ferocity, wreaking havoc across the nation. Opioids are a class of drugs used to treat pain and can come in the form of prescription opioids, fentanyl, or heroin. Millions of Americans have felt the devastating effects of addiction to these drugs with white people, specifically... |
2021 |
| Dr. Mary L. Milano , Kenya A. Jenkins-Wright |
ADDRESSING RACIAL INEQUALITY |
109 Illinois Bar Journal 40 (February, 2021) |
An Illinois State Bar Association initiative; a nationwide imperative. ON MAY 25, 2020, GEORGE FLOYD, a black man, was killed by members of the Minneapolis Police Department. America watched in collective disbelief and outrage as video footage showed Floyd trying to breathe and crying for help for eight minutes and 46 seconds. His crime, if any,... |
2021 |
| Jelani Jefferson Exum |
ADDRESSING RACIAL INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM THROUGH A RECONSTRUCTION SENTENCING APPROACH |
47 Ohio Northern University Law Review 557 (2021) |
Justice reform is having a moment. Across the nation and in the federal government, legislation has passed to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction. While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice... |
2021 |
| Christina Bartholomew |
ADVANCING RACIAL EQUITY THROUGH THE UN SUSTAINABLE DEVELOPMENT GOALS |
68-APR Federal Lawyer 20 (March/April, 2021) |
The urgency for racial equity is a clarion call for the legal profession. As legal practitioners consider how best to support this global movement, the FBA Diversity and Inclusion (D&I) Committee collaborated with the UN Global Compact to develop a comprehensive certified program for law students studying throughout the United States to promote... |
2021 |
| Robert F. Weber |
AGAINST DISCOURSE: WHY ELIMINATING RACIAL DISPARITIES REQUIRES RADICAL POLITICS, NOT MORE DISCUSSION |
37 Georgia State University Law Review 1177 (Summer, 2021) |
Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today--in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its... |
2021 |
| Ekow N. Yankah |
AHMAUD ARBERY, RECKLESS RACISM AND HATE CRIMES: RECKLESSNESS AS HATE CRIME ENHANCEMENT |
53 Arizona State Law Journal 681 (Summer, 2021) |
In February 2020, Ahmaud Arbery, a twenty-five-year-old Black jogger in Georgia, was chased down by a group of armed, White men in trucks, trapped, shot, and killed. His killers pursued Arbery because they suspected him--with no evidence whatsoever--of being behind a string of (unreported) neighborhood robberies. Arbery's killers had never seen any... |
2021 |
| Maurice R. Dyson |
ALGORITHMS OF INJUSTICE & THE CALLING OF OUR GENERATION: THE BUILDING BLOCKS OF A NEW AI JUSTICE IN THE TECHNOLOGICAL ERA OF GLOBAL PREDATORY RACIAL CAPITALISM |
5 Howard Human & Civil Rights Law Review 81 (Spring, 2021) |
I would like to thank Dean Holley-Walker, Howard University School of Law, Professor Darin Johnson, Kayla Strauss, the staff of the Howard Human & Civil Rights Law Review, and the beloved spirit and legacy of C. Clyde Ferguson Jr., that continually inspires and guides this Annual Symposium. And we are beyond grateful for your thought leadership and... |
2021 |
| Henry F. Fradella , Weston J. Morrow , Michael D. White |
AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES |
21 Nevada Law Journal 1151 (Spring, 2021) |
C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... |
2021 |
| Stephen Rushin, Griffin Edwards |
AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING |
73 Stanford Law Review 637 (March, 2021) |
Abstract. This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... |
2021 |
| Jessica K. Heldman, JD , Hon. Geoffrey A. Gaither |
AN EXAMINATION OF RACISM AND RACIAL DISCRIMINATION IMPACTING DUAL STATUS YOUTH |
42 Children's Legal Rights Journal 21 (2021) |
Not everything that is faced can be changed; but nothing can be changed until it is faced. - James Baldwin Racial disproportionality and disparity have long been characteristic of both the child welfare and youth justice systems. Discriminatory policies and practices present at the origin of these systems continue to plague children, families, and... |
2021 |
| Leona D. Jochnowitz , Tonya Kendall |
ANALYZING WRONGFUL CONVICTIONS BEYOND THE TRADITIONAL CANONICAL LIST OF ERRORS, FOR ENDURING STRUCTURAL AND SOCIOLOGICAL ATTRIBUTES, (JUVENILES, RACISM, ADVERSARY SYSTEM, POLICING POLICIES) |
37 Touro Law Review 579 (2021) |
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness... |
2021 |
| Daniel Harawa , Brandon Hasbrouck |
ANTIRACISM IN ACTION |
78 Washington and Lee Law Review 1027 (Summer, 2021) |
Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court's fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet... |
2021 |
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
ANTIRACISM, REFLECTION, AND PROFESSIONAL IDENTITY |
18 Hastings Race and Poverty Law Journal 3 (Winter, 2021) |
Abstract: Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional... |
2021 |
| Leah M. Litman |
ANTIRACIST REMEDIAL APPROACHES IN JUDGE GREGORY'S JURISPRUDENCE |
78 Washington and Lee Law Review 1051 (Summer, 2021) |
This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality... |
2021 |
| Lindsay deJesus Cress |
AS RACIAL TENSIONS RISE IN THE NATION, IT IS TIME TO ACKNOWLEDGE THE IMPACT OF RACIAL TRAUMA-INDUCED PTSD AND RELATED MENTAL HEALTH CONDITIONS ON BLACK SERVICEMEMBERS |
60 University of Louisville Law Review 203 (Fall, 2021) |
I am an American Soldier .. [I] live the Army Values .. I am disciplined, physically and mentally tough . I always maintain my arms, my equipment and myself. I am an expert, and I am a professional. The Soldier's Creed establishes the ethos Army Soldiers are expected to live by. Failure to conform with the Creed can result in negative... |
2021 |
| Nathalie Martin |
BAD APPLES OR A ROTTEN TREE: AMELIORATING THE DOUBLE PANDEMIC OF COVID-19 AND RACIAL ECONOMIC INEQUALITY |
82 Montana Law Review 105 (Winter, 2021) |
Black Lives Matter signs pepper our rural, middle class neighborhood. Like many of the neighborhoods in my town, there are few Black Americans living nearby. The signs are a symbol of the desire to do something, finally, about systemic racism. There are other subtle shifts occurring as well. More books on racism top bestsellers lists and more ads... |
2021 |
| Ellen Rosenstiel Clinton, SHRM-SCP, Regional Administrative Manager, Kutak Rock LLP, Chair, ALA's DEIA Committee |
BECOMING AN ANTIRACIST LEGAL ORGANIZATION |
40 Legal Management 6 (June, 2021) |
The more aware I become of just how deeply rooted racism is in our personal and professional lives, the more I begin to wonder how much of an effect any one person, group or organization can have in dismantling this ugly situation. Racism is deeply rooted in our country. While it can seem impossible at times, every individual who has some privilege... |
2021 |
| Terrence M. Franklin |
BLACK DEATHS SHOULD MATTER, TOO! ESTATE PLANNING AS A TOOL FOR ANTIRACISTS |
47 ACTEC Law Journal 39 (Fall, 2021) |
And since I feel today New York is really My personal property I'll tell you what I'm gonna do . Since I like you very much, So very, very much, I'm gonna split it with you. Since I like you very much, So very, very much, I'm gonna split it with you! Just as the negative effects of most legal policies and practices have a disproportionately greater... |
2021 |
| |
BLACK LIVES DISCOUNTED: ALTERING THE STANDARD FOR VOIR DIRE AND THE RULES OF EVIDENCE TO BETTER ACCOUNT FOR IMPLICIT RACIAL BIASES AGAINST BLACK VICTIMS IN SELF-DEFENSE CASES |
134 Harvard Law Review 1521 (February, 2021) |
Because of implicit biases, information about the victims of violence--such as their criminal records, physical appearances, and lifestyles--can be exploited in an attempt to justify the harm that was inflicted upon them. In particular, there is a substantial risk that defendants tried for acts of violence against Black victims will attempt to... |
2021 |
| Natalie P. Byfield |
BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE |
53 Connecticut Law Review 619 (September, 2021) |
This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... |
2021 |
| Kevin R. Johnson |
BRINGING RACIAL JUSTICE TO IMMIGRATION LAW |
116 Northwestern University Law Review Online 1 (May 13, 2021) |
Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... |
2021 |
| Judith H. Owens, Ed.D |
BUILDING AN ANTIRACIST ORGANIZATION IS NO EASY TASK -- OR DID KINDERGARTEN TEACH US HOW? (PART 2) |
67 Practical Lawyer 47 (February 1, 2021) |
This is Part 2 of a two-part article about the urgent call for a systematically antiracist society, and how we can answer that call on the organizational level, within our legal offices, companies, and other institutions. The issue of racism and the unfair treatment of people of color has been evoked, once again, within organizations and workplaces... |
2021 |
| Aviel Menter |
CALCULATED DISCRIMINATION: EXPOSING RACIAL GERRYMANDERING USING COMPUTATIONAL METHODS |
22 Columbia Science and Technology Law Review 346 (2021) |
In Rucho v. Common Cause, the Supreme Court held that challenges to partisan gerrymanders presented a nonjusticiable political question. This decision threatened to discard decades of work by political scientists and other experts, who had developed a myriad of techniques designed to help the courts objectively and unambiguously identify... |
2021 |
| Casey R. Johnson , Michael A. Gregg |
CALIFORNIA RACIAL JUSTICE LEGISLATION UPDATE 2021 |
63-SEP Orange County Lawyer 38 (September, 2021) |
Last year, the California legislature was flooded with racial justice legislative proposals--many introduced largely in response to what has now been confirmed was the murder of George Floyd. Due to any number of issues including politics-as-usual, posturing between the Assembly and the Senate, and significant time limitations for considering... |
2021 |
| Matt Reynolds |
CALL TO ACTION |
107-MAR ABA Journal 18 (February/March, 2021) |
Rep. Janelle Bynum, a Black member of the Oregon House of Representatives, was inspired to sponsor a bill against racial profiling in 911 calls after someone called the police on her as she went door-to-door in a Portland suburb to speak to constituents in an effort to keep her seat in the state house. It was the July Fourth weekend in 2018. Bynum... |
2021 |
| Idna G. Castellón |
CANCER ALLEY AND THE FIGHT AGAINST ENVIRONMENTAL RACISM |
32 Villanova Environmental Law Journal 15 (2021) |
Cancer Alley, also known as Petrochemical America, is an area along the Mississippi River spanning from Baton Rouge to New Orleans, Louisiana. Cancer Alley houses over 150 petrochemical plants and refineries. Petrochemical companies use these plants to refine crude oil . into a variety of petrochemicals that are then used to produce... |
2021 |
| Valerie C. Hughes |
CENSORSHIP vs. FREEDOM OF SPEECH: UNVEILING THE TENSION INDUCED BY CYBER RACISM |
24-JAN NBA National Bar Association Magazine 16 (January, 2021) |
One of the greatest gifts in America is the freedom of speech. However, some individuals in the United States have abused this liberty by sharing content that is hateful and discriminatory on online platforms. Recently, there has been a growing number of social networking websites seemingly devoted to sharing derogatory content that further... |
2021 |
| Dawn M. Hunter , Betsy Lawton |
CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE |
14 Saint Louis University Journal of Health Law & Policy 251 (2021) |
COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... |
2021 |
| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
| Adrien K. Wing |
CONCLUSION: TOWARDS RACIAL JUSTICE FOR BLACK IOWA 2021 |
24 Journal of Gender, Race and Justice 37 (Spring, 2021) |
I am delighted to write a brief conclusion to this historic issue of the Journal of Gender, Race & Justice. I remember over 25 years ago when the University of Iowa College of Law was considering whether it should approve a fourth student journal in addition to the Iowa Law Review, Journal of Corporation Law, and Transnational Law & Contemporary... |
2021 |
| Charles Lee |
CONFRONTING DISPROPORTIONATE IMPACTS AND SYSTEMIC RACISM IN ENVIRONMENTAL POLICY |
51 Environmental Law Reporter (ELI) 10207 (March, 2021) |
Understanding and operationalizing the concept of disproportionate impacts are critical to the next generation of environmental justice (EJ) practice. This Article charts a pathway to better defining, articulating, and analyzing disproportionate impacts in a manner that is empirically based, analytically rigorous, and has an evidentiary link to... |
2021 |
| Samantha Das |
CONSTITUTIONAL LAW--BLACK PRISONER DENIED MEDICAL ATTENTION: EIGHTH AMENDMENT RIGHTS VIOLATION versus INHERENT BIASES IN MEDICAL RACISM--SHERMAN v. CORCELLA, 2020 U.S. DIST. LEXIS 125931 (D. CONN. 2020) |
17 Journal of Health & Biomedical Law 295 (2021) |
Under the Eighth Amendment of the United States Constitution, it is prohibited for a prisoner to experience deliberate indifference to their serious medical needs by any employer or agent of a correctional facility. However, the burden is on the prisoner to show that the alleged deprivation is sufficiently serious and the defendant acted with a... |
2021 |
| Shane Stover, News Editor |
CONSUMER NEWS: THE NATION'S ANTIRACIST INTERVENTIONS TO FIGHT CONSUMER RACISM |
33 Loyola Consumer Law Review 441 (2021) |
A long overdue fight is at the forefront of the United States, and consumer law is playing a large role. This article shall address two antiracist interventions in support of racial equality within consumer law and represent important steps towards righting past wrongs of consumer racism. In December 2020, Senator Elizabeth Warren and Congressman... |
2021 |
| Jacquelyn Chacona, Esq., Gilberte Pierre, Esq. |
COVID SHINES BRIGHT LIGHT ON RACIAL INEQUITIES |
39-WTR Delaware Lawyer 10 (Winter, 2021) |
Food insecurity and housing stability, and the benefits of a tenant's right to counsel In recent memory, you can easily recall Hurricanes Floyd, Katrina, Maria, and Super Storm Sandy. We see flooding, tornadoes and wildfires destroy different parts of our country, and we mourn the losses created by those events for a while. The death and... |
2021 |
| Melba V. Pearson |
DATA AS A TOOL FOR RACIAL JUSTICE |
36-SPG Criminal Justice 4 (Spring, 2021) |
The year 2020 was one of the most tumultuous years in recent history. It brought a great deal of uncertainty and fear due to a pandemic that ran wild, high-profile deaths of unarmed people of color, and an election cycle that mirrored Groundhog Day. The deaths of Breonna Taylor, Ahmaud Arbery, and George Floyd generated a more widespread demand for... |
2021 |
| Laura G. Jensen |
DEADLY BIAS: WHY NORTH CAROLINA'S LEGACY OF SYSTEMIC RACISM WITHIN CAPITAL SENTENCING NECESSITATES THE REINSTATEMENT OF THE RACIAL JUSTICE ACT |
30 Boston University Public Interest Law Journal 251 (Summer, 2021) |
Introduction. 252 I. The Legacy of Racial Discrimination in Capital Sentencing. 254 A. The Equal Protection Clause and the Requirement of Purposeful Discrimination. 254 B. The History of Capital Punishment in North Carolina and Its Lasting Legacy. 256 C. The North Carolina Racial Justice Act's Purpose and Allowance of Statistical Evidence to Prove... |
2021 |
| John Gleeson, Partner, Debevoise & Plimpton LLC |
DEBEVOISE'S HOLLOWAY PROJECT AND "SECOND LOOKS": HOW CHALLENGING ONE DISCRETE RACIAL INEQUITY IN FEDERAL CRIMINAL JUSTICE CAN HELP PRODUCE SYSTEMIC CHANGE |
2021 Federal Sentencing Reporter 3086011 (June 1, 2021) |
Good for the Federal Sentencing Reporter for dedicating an Issue to Clemency. And good for Margaret Love, one of the leading lights on the topic, for guest editing it. The president's power to grant clemency is but one feature of a sentence-correction ecosystem. The others include direct appeals, collateral challenges, and retroactive amendments to... |
2021 |
| Bijal Shah |
DEPLOYING THE INTERNAL SEPARATION OF POWERS AGAINST RACIAL TYRANNY |
116 Northwestern University Law Review Online 244 (October 29, 2021) |
Abstract--The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would-be tyrant: the President. Engaging the branches of... |
2021 |