| Author | Title | Citation | Summary | Year |
| Michael Gentithes |
Sustainable Development in Suburbs and Their Cities: the Environmental and Financial Imperatives of Racial, Ethnic, and Economic Inclusion |
55 Harvard Civil Rights-Civil Liberties Law Review 491 (Summer, 2020) |
Young men of color in high-crime neighborhoods are surrounded by poverty and crime, yet distrustful of the police who frequently stop, frisk, and arrest them and their friends. Every encounter with the police carries the potential for a new arrest or worse, fostering a culture of fear and distrust of law enforcement. That culture exacerbates the... |
2020 |
| Khara Coleman |
That's the One!: an Analysis of Eyewitness Identifications in Missouri and Their Impact on Cross-Racial Identification |
108 Illinois Bar Journal 10 (July, 2020) |
BY WAY OF EIGHT MINUTES AND 46 SECONDS of video taken on May 25, 2020, the whole world witnessed the violation of the civil rights of George Floyd of Minneapolis, Minnesota, resulting in his death. An officer put his knee on Floyd's neck because of an allegedly counterfeit $20 bill. Coincidentally--or not--shortly before May 25, the world watched a; Search Snippet: ...UNSPOKEN THING The Chair of the ISBA Standing Committee on Racial and Ethnic Minorities and the Law Reflects on the American... |
2020 |
| Deionna Ferguson |
The "Law Only as an Enemy": the Legitimization of Racial Powerlessness Through the Colonial and Antebellum Criminal Laws of Virginia |
63 Washington University Journal of Law & Policy 357 (2020) |
On August 9, 2014, Michael Brown, Jr., an African American man, was shot by Darren Wilson, a police officer, in Ferguson, Missouri. Ferguson is located within St. Louis County. A grand jury was called to determine if Officer Wilson should be indicted. Robert McCulloch, then the St. Louis County Prosecutor, provided the grand jury with evidence that; Search Snippet: ...OF EYEWITNESS IDENTIFICATIONS IN MISSOURI AND THEIR IMPACT ON CROSS- RACIAL IDENTIFICATION Deionna Ferguson [FNa1] Copyright © 2020 by Washington University in... |
2020 |
| Christian Nolan |
The Appearance of Equality: Racial Gerrymandering, Redistricting, and the Supreme Court: |
92-FEB New York State Bar Journal 22 (January/February, 2020) |
The Census Bureau has projected that white people will officially become a minority in a nation of minorities by the middle part of this century. And according to Leonard Zeskind, that is the key factor behind the actions of white nationalists. As a result, he said they have flooded public discourse with opposition to immigration by people of; Search Snippet: ...New York State Bar Journal January/February, 2020 THE ANTI- RACIST Leonard Zeskind Literally Wrote the Book on the History of... |
2020 |
| Landon Myers |
The Great American Dilemma: Law and the Intransigence of Racism |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 61 (Spring, 2020) |
C1-2Table of Contents Introduction. 61 I. A Lesson in History: The Black-White Binary. 62 II. The State's Exploitation of the Multi-Racial Identity. 65 III. Struggling to Simultaneously Identify as Multi-Racial and Equitably Access the Law. 66 A. Multi-Racial Individuals' Interest in Self-Identification. 67 B. The Insufficiency of the Current Equal; Search Snippet: ...AREA: EXPLORING THE BLACK-WHITE BINARY'S EXPLOITATION OF THE MULTI- RACIAL IDENTITY Landon Myers [FNa1] Copyright © 2020 by Landon Myers C1... |
2020 |
| Andres F. Rengifo , Lee Ann Slocum |
The Immigration and Naturalization Service and Racially Motivated Questioning: Does Equal Protection Pick up Where the Fourth Amendment Left Off? |
45 Law and Social Inquiry 590 (August, 2020) |
This article examines the role of racial identity in the configuration of opinions about the police. We argue that racial identity links social context to individual valuations of law enforcement, moderating the association between specific encounters and general views on police legitimacy and effectiveness. These propositions are assessed using... |
2020 |
| Marisa A. O'Gara |
The Influence of Implicit Racial Bias in Police Stops |
30 Cornell Journal of Law & Public Policy 179 (Fall, 2020) |
In 2013, the United States Supreme Court struck down a critical part of the Voting Rights Act of 1965, making it easier than it's been in decades to quiet the voices of racial minorities at the ballot box. In 2019, the Court then decided that it would not stop states from redrawing their voting districts to accomplish their own political goals; Search Snippet: ...Note THE INDEPENDENT CITIZEN COMMISSION: OUR BEST CHANCE AT ENDING RACIAL GERRYMANDERING AND RESTORING THE PROMISE OF THE VOTING RIGHTS ACT... |
2020 |
| Eli Jones |
The Intent Doctrine and Cerd: How the United States Fails to Meet its International Obligations in Racial Discrimination Jurisprudence |
9 Virginia Journal of Criminal Law 109 (2020) |
C1-2Content I. INTRODUCTION. 110 II. BLACKS AS OTHER. 112 III. UNEQUAL PUNISHMENT OF BLACK CRIME. 114 IV. RACIAL BIAS INFECTING DISCRETION. 117 A. The Jury. 117 B. The Prosecutor. 124 V. CONCLUSION. 127; Search Snippet: ...Virginia Journal of Criminal Law 2020 Article THE INHERENT IMPLICIT RACISM IN CAPITAL CRIME JURY DELIBERATION Eli Jones Copyright © 2020 by... |
2020 |
| Kirk McClure, Ph.D., Anne R. Williamson, Ph.D., Hye-Sung Han, Ph.D., Brandon M. Weiss |
The Limits of Law in Accomplishing Racial Change: School Segregation in the Pre-brown North |
6 Texas A&M Journal of Property Law 89 (December, 2020) |
The Low-Income Housing Tax Credit (LIHTC) program remains the nation's largest affordable housing production program. LIHTC units are under-represented in the neighborhoods that both promote movement to high-opportunity neighborhoods and affirmatively further fair housing. State and local officials should play an active role in guiding site... |
2020 |
| Rebecca Ruth Gould, Professor, Islamic World and Comparative Literature, University of Birmingham |
The Long Lingering Shadow: Law, Liberalism, and Cultures of Racial Hierarchy and Identity in the Americas |
35 Journal of Law and Religion 250 (August, 2020) |
Responding to recent calls made within the UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will; Search Snippet: ...LIMITS OF LIBERAL INCLUSIVITY: HOW DEFINING ISLAMOPHOBIA NORMALIZES ANTI-MUSLIM RACISM Rebecca Ruth Gould Professor, Islamic World and Comparative Literature, University... |
2020 |
| Dimetria A. Jackson, Larisa M. Dinsmoor |
The O'connor Project: Intervening Early to Eliminate the Need for Racial Preferences in Higher Education |
62-AUG Orange County Lawyer 30 (August, 2020) |
As Dr. Martin Luther King Jr. wrote in his Letter From Birmingham Jail, We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. The OCBA stands in solidarity with the Black community. Black lives matter. As one of the largest voluntary bar associations in; Search Snippet: ...Orange County Lawyer August, 2020 Feature OCBA Spotlight THE OCBA'S RACIAL JUSTICE TASK FORCE Dimetria A. Jackson Larisa M. Dinsmoor [FNa1... |
2020 |
| Katherine Beckett , Megan Ming Francis |
The Other Digital Divide: Disparity in the Auction of Wireless Telecommunications |
16 Annual Review of Law and Social Science 433 (2020) |
mass incarceration, carceral state, racial politics, punishment This article examines the origins of US mass incarceration. Although it is clear that changes in policy and practice are the proximate drivers of the prison boom, researchers continue to explore--and disagree about--why crime control policy and practice changed in ways that fueled the; Search Snippet: ...and Social Science 2020 THE ORIGINS OF MASS INCARCERATION: THE RACIAL POLITICS OF CRIME AND PUNISHMENT IN THE POST-CIVIL RIGHTS... |
2020 |
| Michael H. LeRoy |
The President's Role in Bridging America's Racial Divide |
75 New York University Annual Survey of American Law 187 (2020) |
Since the nation's founding, presidents have been motivated by racial animus while using executive powers over migratory labor. Early presidents enforced the Constitution's fugitive slave provision. They explored diplomacy to deport free blacks to Africa. From the 1880s through 1940s, presidents acted on the racial animus of workers by restricting; Search Snippet: ...Law 2020 Article THE PRESIDENT'S IMMIGRATION POWERS: MIGRATORY LABOR AND RACIAL ANIMUS Michael H. LeRoy [FNa1] Copyright © 2020 by Michael H... |
2020 |
| Michael A. Lawrence |
The Torture Machine: Racism and Police Violence in Chicago |
62 Arizona Law Review 637 (Fall, 2020) |
[This is] a country whose existence was predicated on the torture of black fathers, on the rape of black mothers, on the sale of black children .. Having been enslaved for 250 years, black people were not left to their own devices [after slavery ended]. They were terrorized. In the Deep South, a second slavery ruled. In the North, legislatures,; Search Snippet: ...Review Fall, 2020 Article THE THIRTEENTH AMENDMENT AS BASIS FOR RACIAL TRUTH & RECONCILIATION Michael A. Lawrence [FNa1] Copyright © 2020 by the... |
2020 |
| Laura Petty |
The Way Forward: Racial Integration after Ricci, a Response to Michelle Adams |
47 Fordham Urban Law Journal 659 (April, 2020) |
Introduction. 660 I. The Use of Race in School Assignment: A Policy Perspective. 664 II. Jurisprudential Limits to Race-Conscious Policies. 672 A. The Parents Involved Holding. 675 B. Fluctuating Agency Guidance. 680 C. Parents Involved in the Circuit Courts. 682 i. Fifth Circuit: Lewis v. Ascension Parish School Board. 683 ii. Third Circuit: Doe; Search Snippet: ...WAY FORWARD: PERMISSIBLE AND EFFECTIVE RACE-CONSCIOUS STRATEGIES FOR AVOIDING RACIAL SEGREGATION IN DIVERSE SCHOOL DISTRICTS Laura Petty [FNa1] Copyright © 2020... |
2020 |
| Hannah M. Hamley |
The White Fist of the Child Welfare System: Racism, Patriarchy, and the Presumptive Removal of Children from Victims of Domestic Violence in Nicholson V. Williams |
44 Seattle University Law Review 171 (Fall, 2020) |
First they came for the Communists And I did not speak out Because I was not a Communist Then they came for the Socialists And I did not speak out Because I was not a Socialist Then they came for the trade unionists And I did not speak out Because I was not a trade unionist Then they came for the Jews And I did not speak out Because I was not a Jew; Search Snippet: ...OF THE ALIEN HARBORING STATUTE IN A NEW-ERA OF RACIAL ANIMUS TOWARDS IMMIGRANTS Hannah M. Hamley [FNa1] Copyright © 2020 by... |
2020 |
| Daniel G. Solórzano , Lindsay Pérez Huber , Layla Huber-Verjan |
There Are No Racists Here: the Rise of Racial Extremism, When No One Is Racist |
18 Seattle Journal for Social Justice 185 (Spring, 2020) |
This article follows a Critical Race tradition of counterstorytelling to tell three stories from across three generations of Critical Race Scholars in Education. In each of our stories, we explain how we came to research racial microaggressions and how this work eventually led us to our current theorizing of racial microaffirmations. We have... |
2020 |
| Jessica M. Hadley |
Treat All Men Alike : an Analysis of United States V. White Mountain Apache Tribe and Suggestions for True Reparation |
26 William and Mary Journal of Race, Gender, and Social Justice 689 (Spring, 2020) |
Introduction I. The History of Transracial Adoption in the United States A. The Emergence of Federal Laws Promoting Transracial Adoptions B. The Extent of Race Consideration in Adoption II. Criticisms of the Methodology of the Early Studies A. The Problematic Nature of Using Personal Self-Esteem as an Indicator of Positive Racial Identity B. The; Search Snippet: ...TRANSRACIAL ADOPTIONS IN AMERICA: AN ANALYSIS OF THE ROLE OF RACIAL IDENTITY AMONG BLACK ADOPTEES AND THE BENEFITS OF RECONCEPTUALIZING SUCCESS... |
2020 |
| Monika Batra Kashyap |
Ua Mau Ke Ea O Ka Aina I Ka Pono: Voting Rights and the Native Hawaiian Sovereignty Plebiscite |
11 California Law Review Online 517 (November, 2020) |
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial... |
2020 |
| Lucius T. Outlaw III |
Unwelcome Imports: Racism, Sexism, and Foreign Investment |
50 New Mexico Law Review 25 (Winter, 2020) |
The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights. With this sentence, Justice Sonia Sotomayor unleashes a fierce admonishment of the majority opinion (drafted by Justice Clarence Thomas) in Utah v. Strieff and the majority's lack of; Search Snippet: ...Article UNSECURED (BLACK) BODIES: HOW BALTIMORE FORESHADOWS THE DANGERS OF RACIALLY TARGETED DRAGNET POLICING LET LOOSE BY UTAH v. STRIEFF Lucius... |
2020 |
| David Bjerk, Eric Helland, Claremont McKenna College, Claremont McKenna College |
What Constitutes a "Racial Classification"?: Equal Protection Doctrine Scrutinized |
63 Journal of Law & Economics 341 (May, 2020) |
We show that data on DNA exonerations can be informative about racial differences in wrongful-conviction rates under some assumptions regarding the DNA-exoneration process. We argue that, with respect to rape cases, the observed data and the plausibility of the required assumptions combine to strongly suggest that the wrongful-conviction rate is... |
2020 |
| Funmi Anifowoshe Manning |
When Racists and Radicals Meet |
8 Virginia Journal of Criminal Law L. 1 (2020) |
The juvenile justice system was created and designed to be separate from the adult criminal justice system. Initially, the juvenile system was meant to be informal and to prescribe treatment for young offenders, rather than serve as an adjudicatory forum to punish them. However, with the changing demographics in the U.S. came a change in juvenile... |
2020 |
| Michael H. LeRoy |
Whitewashing Expression: Using Copyright Law to Protect Racial Identity in Casting |
10 Arizona State Sports & Entertainment Law Journal 53 (Fall, 2020) |
Coaching racism in college sports may be facilitated by NCAA transfer waivers silencing players who complain about racial harassment. Athletic directors and other school officials may have conspired with the NCAA to resolve racism complaints by using nondisclosure agreements and liability releases while avoiding independent investigations and; Search Snippet: ...Arizona State Sports & Entertainment Law Journal Fall, 2020 WHITEWASHING COACHING RACISM IN NCAA SPORTS: ENFORCING CIVIL RIGHTS THROUGH THE KU KLUX... |
2020 |
| Deborah N. Archer |
Why Can't We Be 'Friends'?: Ethical Concerns in the Use of Social Media |
73 Vanderbilt Law Review 1259 (October, 2020) |
Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation's interstate highway system. In states around the country, highway construction displaced Black households and; Search Snippet: ...Article WHITE MEN'S ROADS THROUGH BLACK MEN'S HOMES: [FNa1] ADVANCING RACIAL EQUITY THROUGH HIGHWAY RECONSTRUCTION Deborah N. Archer [FNaa1] Copyright © 2020... |
2020 |
| Krystal D. Williams |
Will the Current Economic Crisis Fuel a Return to Racial Policies That Deny Homeownership Opportunity and Wealth? |
35 Maine Bar Journal 110 (2020) |
The following letter was submitted to the Maine State Bar Association following remarks delivered during a regularly scheduled edition of Bar Talk, the MSBA's Zoom forum for discussing law practice and MSBA activities during the coronavirus pandemic. In the Maine State Bar Association's June 15, 2020 Bar Talk Program, Attorney Leah; Search Snippet: ...WHITE PRIVILEGE IS A NECESSARY PART OF ANY CONVERSATION ON RACISM Krystal D. Williams [FNa1] Copyright © 2020 by Maine State Bar... |
2020 |
| Sally Daly, CBA Public Affairs Director |
Youth Perspective: Stop and Frisk: Racial Profiling in Contemporary Urban America |
34-OCT CBA Record 29 (September/October, 2020) |
In response to national discussions on racial injustice, inequality, and police brutality, the Young Lawyers Section has formed a coalition that will promote social justice by channeling the voices, skills, and support of younger attorneys to work to implement meaningful change and reform. The purpose of the CBA's YLS Racial Justice Coalition is; Search Snippet: ...2020 Young Lawyers Journal YOUNG LAWYERS SECTION DRIVES FORMATION OF RACIAL JUSTICE COALITION Sally Daly CBA Public Affairs Director Copyright © 2020... |
2020 |
| Alisa Micu |
Addressing Racial Disparities in Preschool Suspension and Expulsion Rates |
35 Georgia State University Law Review 843 (Spring, 2019) |
A long-standing rule of evidence, Rule 606(b), also referred to as the no-impeachment rule, establishes that testimony of jurors regarding events in deliberations cannot be used to question the validity of a verdict. Courts have held that the no-impeachment rule is the general tenet governing the use of juror testimony when a defendant seeks a new; Search Snippet: ...REVIEW Georgia State University Law Review Spring, 2019 Note ADDRESSING RACIAL BIAS IN THE JURY SYSTEM: ANOTHER FAILED ATTEMPT? Alisa Micu... |
2019 |
| Kandis Sargeant |
Ameliorating Environmental Racism: a Citizens' Guide to Combatting the Discriminatory Siting of Toxic Waste Dumps |
34 Ohio State Journal on Dispute Resolution 575 (2019) |
I. Introduction A. A More In-Depth Look at Airbnb's Current Terms of Service and Its New Non-Discrimination Policy 1. What Airbnb Has Done Specifically to Combat Any Racial Discrimination That May Be Taking Place Amongst Guests and Hosts in Their Application B. What Is the Sharing Economy? C. Arbitration: Striking the Right Balance Between; Search Snippet: ...ACCOMMODATIONS: IS BINDING ARBITRATION APPROPRIATE IN THE SHARING ECONOMY FOR RACIAL DISCRIMINATION CASES? Kandis Sargeant [FNa1] Copyright © 2019 by the Ohio... |
2019 |
| Joseph J. Avery |
Analyzing Racial Bias Claims after Mccleskey |
93 Southern California Law Review Postscript 28 (June, 2019) |
Businesses and organizations expect their managers to use data science to improve and even optimize decisionmaking. The founder of the largest hedge fund in the world has argued that nearly everything important going on in an organization should be captured as data. Similar beliefs have permeated medicine. A team of researchers has taken over 100; Search Snippet: ...Review Postscript June, 2019 Comment AN UNEASY DANCE WITH DATA: RACIAL BIAS IN CRIMINAL LAW Joseph J. Avery [FNa1] Copyright © 2019... |
2019 |
| Rachel Leigh |
Analyzing the Text of the Equal Protection Clause: Why the Definition of "Equal" Requires a Disproportionate Impact Analysis When Laws Unequally Affect Racial Minorities |
22 Journal of Gender, Race and Justice 375 (Fall, 2019) |
I. Introduction. 376 II. Background. 377 A. Adoption Overview. 377 B. History of Race and Adoption. 379 C. Federal Legislation. 380 1. Federal Adoption Assistance and Child Welfare Act of 1980. 380 2. The Multiethnic Placement Act of 1994. 381 3. The Interethnic Placement Provisions in 1996. 381 4. Adoption and Safe Families Act of 1997. 382 D; Search Snippet: ...Note ANALYZING THE SPECIAL NEEDS DESIGNATION AND ACCOMMODATION OF PARENTAL RACIAL PREFERENCES IN ADOPTION Rachel Leigh [FNa1] Copyright © 2019 by Journal... |
2019 |
| Henry Rose |
Art for the Masses? Racial and Ethnic Inequality in Assisted Reproductive Technologies |
35 Touro Law Review 791 (2019) |
In the early 1970s, a developer sought a zoning change to a parcel of land in Arlington Heights, Illinois that would allow for the construction of low-income housing. Arlington Heights denied the zoning change and the developer sued Arlington Heights arguing that this denial violated both equal protection under the Fourteenth Amendment of the; Search Snippet: ...SUPREME COURT BUT THE FAIR HOUSING ACT'S GOAL OF PROMOTING RACIAL INTEGRATION SAVED THE LOW-INCOME HOUSING Henry Rose [FNa1] Copyright... |
2019 |
| Barak Atiram |
Beyond a Black and White Reading of Sections 1981 and 1982: Shifting the Focus from Racial Status to Racist Acts |
24 Texas Journal on Civil Liberties & Civil Rights 223 (Spring, 2019) |
Scholarly writings about collective actions for the production of non-excludable goods, especially in the field of law and economics, look at coordination of class members as a potential failure--a collective-action problem. Economics professor Harold Demsetz's famous article Toward a Theory of Property Rights belongs to this tradition of writing; Search Snippet: ...Journal on Civil Liberties & Civil Rights Spring, 2019 Article BETWEEN RACIALLY RESTRICTIVE COVENANTS AND INDIAN BEAVER HUNTING: THE METATHEORY OF PROPERTY... |
2019 |
| Drew Findling , Findling Law Firm, Atlanta, Georgia, 404-460-4500, Email drew@findlinglawfirm.com, Website www.findlinglawfirm.com, Twitter @drewfindling, Instagram @drewfindling |
Beyond Batson's Scrutiny: a Preliminary Look at Racial Disparities in Prosecutorial Preemptory Strikes Following the Passage of the North Carolina Racial Justice Act |
43-JUL Champion Champion 5 (July, 2019) |
Several landmark U.S. Supreme Court rulings are so commonly used in criminal trial practice that they have become ubiquitous and take on a persona far greater than a judicial holding. We are all on a one-name basis with Miranda, Gideon, Terry and Brady, just to name a few. We use and cite these cases so often that they end up feeling like old; Search Snippet: ...July, 2019 Column From the President BEYOND BATSON : CHALLENGING SYSTEMIC RACISM AT EVERY LEVEL Drew Findling [FNa1] Findling Law Firm Atlanta... |
2019 |
| Peter Hyndman |
Body Cameras Won't Bring Justice: Why Pennsylvania's Chapter 67a Does Not Promise Police Accountability |
91 Temple Law Review 321 (Winter, 2019) |
On August 9, 2014, Ferguson, Missouri, police officer Darren Wilson shot and killed Michael Brown, an unarmed, black eighteen-year-old. The killing sparked immediate and prolonged protests in Ferguson and elsewhere, with demonstrators taking to the streets to challenge what they viewed as yet another instance of police brutality against people of; Search Snippet: ...06/walter-scott-mistrial-shows-body-cameras-wont-solve-police- racial-bias [http://perma.cc/YED2-U8SH]. . Betsey Bruce, Teenager Shot... |
2019 |
| Kevin D. Brown |
Brown V. Board of Education and the Application of American Tradition to Racial Division |
11 Alabama Civil Rights & Civil Liberties Law Review 1 (2019) |
Introduction. 2 I. Rise and Fall of School Desegregation. 7 A. The Rise of School Desegregation. 7 B. The Fall of School Desegregation. 11 II. Changing Racial Ancestry of Blacks in the United States and Why It Matters in Terms of School Desegregation. 16 A. Increases in Interracial Marriage Rates. 18 B. Demise of the One-Drop Rule and the; Search Snippet: ...Review 2019 Article BROWN AT 65: HOW DOES THE CHANGING RACIAL AND ETHNIC ANCESTRY OF BLACKS IMPACT THE INTERPRETATION OF SCHOOL... |
2019 |
| Ayako Hatano |
Can Voluntary Racial Integration Plans at the K-12 Educational Level Meet Grutter's Constitutional Standard? |
14 University of Pennsylvania Asian Law Review 228 (2019) |
You Koreans are cockroaches! Spies of North Korea, get out of Japan! You stink like kimchi! Go back to the Korean peninsula!, shouted large men flying the Japanese national flags in front of the elementary school for ethnic Korean children in Kyoto on December 4, 2009. Those men are members of ultra-nationalist groups including the Association... |
2019 |
| Renata M. O'Donnell |
Challenging the Challenge: Thirteenth Amendment as a Prohibition Against the Racial Use of Peremptory Challenges |
94 New York University Law Review 544 (June, 2019) |
Algorithms are capable of racism, just as humans are capable of racism. This is particularly true of an algorithm used in the context of the racially biased criminal justice system. Predictive policing algorithms are trained on data that is heavily infected with racism because that data is generated by human beings. Predictive policing algorithms; Search Snippet: ...REVIEW New York University Law Review June, 2019 Note CHALLENGING RACIST PREDICTIVE POLICING ALGORITHMS UNDER THE EQUAL PROTECTION CLAUSE Renata M... |
2019 |
| |
Collecting and Analyzing Racial Profiling Traffic Stop Data: Is it a Reliable Method of Detecting Racial Profiling? |
2019 Federal Sentencing Reporter 2453392 (April 1, 2019 / June 1, 2019) |
The trial penaltythe often severe and unjustifiable difference between a pre-trial offer and a post-trial sentence affects some people much more than others. Given profound systemic biases in the criminal justice system, people of color feel the impact of the trial penalty much more frequently and intensely than others, just as they feel the... |
2019 |
| Victoria J. Haneman |
Continued Racial Disparities in the Capital of Capital Punishment: the Rosenthal Era |
54 Wake Forest Law Review 363 (Spring, 2019) |
An insidious form of racism is facilitated by those who are heedless of structural inequities--or in this instance, the fact that legal structures have been developed to protect the experiences of those who are white, with an underlying obliviousness to the fact that persons of color may have a different experience. Almost 80% of the United States'; Search Snippet: ...Review Spring, 2019 Article CONTEMPLATING HOMEOWNERSHIP TAX SUBSIDIES AND STRUCTURAL RACISM Victoria J. Haneman [FNa1] Copyright © 2019 by Wake Forest University... |
2019 |
| Elizabeth L. Rosenblatt |
Corporate Compliance That Advances Racial Diversity and Justice and Why Business Deregulation Does Not Matter |
53 U.C. Davis Law Review 591 (December, 2019) |
This Article explores the implicit hierarchies inherent in copyright law, with particular attention to ways in which U.S. copyright statutes and judicial opinions incorporate racial bias into those hierarchies. By devaluing the inherently dialogic and incremental nature of meaning-making, current copyright law tends to create and perpetuate a... |
2019 |
| Paul Von Blum |
Crimmigration: Keynote Address Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder |
76 National Lawyers Guild Review 134 (Fall/Winter, 2019) |
In general, literature and the humanities offer the legal community powerful insights not available in conventional legal discourse, including most cases, law review articles, and treatises. I have had the pleasure of teaching humanities materials for the past half-century, primarily to undergraduates at the University of California but; Search Snippet: ...2019 Book Review: The Nickle Boys CRIMINALIZING THE YOUNG: A RACIST HORROR STORY Paul Von Blum [FNa1] Copyright © 2019 by National... |
2019 |
| Josué López |
Cultural Inversion and the One-drop Rule: an Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 134 (Spring, 2019) |
A wall will not end immigration, and neither will immigration laws and policies. Rather, these policies and practices serve to dehumanize immigrants and position them in precarious legal positions where their personhood is constantly called into question. Analyses of immigration from Latin America do not usually focus on Indigenous peoples. When; Search Snippet: ...AND IMMIGRATION: SETTLER COLONIALISM, FOREIGN INDIGENEITY, AND THE EDUCATION OF RACIAL PERCEPTION Josué López [FNa1] Copyright © 2019 by Josué López Introduction... |
2019 |
| Issa Kohler-Hausmann |
Edmonson V. Leesville Concrete Company, Inc. : Can the "No State Action" Shibboleth Legitimize the Racist Use of Peremptory Challenges in Civil Actions? |
113 Northwestern University Law Review 1163 (2019) |
The model of discrimination animating some of the most common approaches to detecting discrimination in both law and social science--the counterfactual causal model--is wrong. In that model, racial discrimination is detected by measuring the treatment effect of race, where the treatment is conceptualized as manipulating the raced status; Search Snippet: ...MURPHY AND THE DANGERS OF COUNTERFACTUAL CAUSAL THINKING ABOUT DETECTING RACIAL DISCRIMINATION Issa Kohler-Hausmann [FNa1] Copyright © 2019 by Issa Kohler... |
2019 |
| Khiara Bridges, Peggy Cooper Davis, Dorothy Roberts |
Eliminating Discrimination in Administering the Death Penalty: the Need for the Racial Justice Act |
44 New York University Review of Law and Social Change 129 (2019) |
MARTIN GUGGENHEIM: And, welcome everybody, I'm Marty Guggenheim. I co-direct the Family Defense Clinic and am thrilled to invite you here, to see you here, to the first ever, in what we hope will be a long line of formal, Eli Hirschfeld's Child Welfare Panel Symposia. That we hope to hold annually. About a year ago, I met Eli Hirschfeld, who is; Search Snippet: ...Law and Social Change 2019 Appendix ELIE HIRSCHFELD SYMPOSIUM ON RACIAL JUSTICE IN THE CHILD WELFARE SYSTEM TRANSCRIPT January 23, 2019... |
2019 |
| Maia Dombey |
Environmental Racism: Is a Nascent Social Science Concept a Sound Basis for Legal Relief? |
27 University of Miami International and Comparative Law Review 131 (Fall, 2019) |
This note examines the practice of toxic waste dumping on indigenous lands and how it fits within the broader concept of environmental racism. It further evaluates the international human rights framework and how the United Nations and other international bodies interact with this concept and provide means for protection against this illicit... |
2019 |
| Machara Mccall, Esquire |
Environmental Racism: Using Legal and Social Means to Achieve Environmental Justice |
13 Southern Journal of Policy and Justice 49 (Fall, 2019) |
African-Americans have often been regarded as being less--less protected, less educated, and lesser than their counterparts. Through this ideology emerged practices and policies of disenfranchisement and disparity. Environmental racism is a conspicuous part of the American sociopolitical system and, as a result, black people in particular, and; Search Snippet: ...JUSTICE Southern Journal of Policy and Justice Fall, 2019 ENVIRONMENTAL RACISM: THE U.S. EPA'S INEFFECTIVE ENFORCEMENT OF TITLE VI OF THE... |
2019 |
| Kimberly Grambo |
Far Right of the Mainstream: Racism, Rights, and Remedies from the Perspective of Justice Antonin Scalia's Mccleskey Memorandum |
21 University of Pennsylvania Journal of Constitutional Law 1299 (May, 2019) |
The years following the 2016 American Presidential election forced a reckoning with the role that misinformation played in our country's increasing political polarization. Today, consumers of online news media are still confronted with a seemingly impossible task: mitigating the effects of fake news without excessively burdening free speech. Fake... |
2019 |
| David Simson |
For Cause: Rethinking Racial Exclusion and the American Jury |
56 Houston Law Review 1033 (Spring, 2019) |
Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory--a social... |
2019 |
| Steven L. Nelson , Ray Orlando Williams |
From Slavery to Social Class to Disadvantage: an Intellectual History of the Use of Class to Explain Racial Differences in Criminal Involvement |
19 Journal of Law in Society 82 (Spring, 2019) |
In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in; Search Snippet: ...Institutional Injustice: Federal and State FROM SLAVE CODES TO EDUCATIONAL RACISM: URBAN EDUCATION POLICY IN THE UNITED STATES AS THE DISPOSSESSION... |
2019 |
| Ryan D. King, Michael T. Light |
Have We Overreacted to the Fear of Racial Profiling? |
48 Crime and Justice 365 (2019) |
Blacks and Hispanics convicted of felonies are more likely than whites to receive prison sentences for their crimes, and they receive slightly longer sentences if imprisoned. Yet the majority of prior research compares sentencing decisions at a single point in time and does not give explicit attention to whether and how racial and ethnic; Search Snippet: ...and Justice 2019 American Sentencing: What Happens and Why? HAVE RACIAL AND ETHNIC DISPARITIES IN SENTENCING DECLINED? Ryan D. King Michael... |
2019 |