| Author | Title | Citation | Summary | Year |
| Anna Reed |
COVID: A SILVER LININGS PLAYBOOK |
37 Berkeley Journal of Gender, Law & Justice 221 (2022) |
For two centuries, reproductive health care has become increasingly medicalized --sometimes to the detriment of the health and well-being of people seeking reproductive health care. This article surveys positive shifts during the pandemic reversing the over-medicalization of contraception, fertility, birth, and abortion care. Specifically, it... |
2022 |
| Matthew A. Gasperetti |
CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS |
76 University of Miami Law Review 525 (Winter, 2022) |
Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... |
2022 |
| Edward L. Rubin, Malcolm M. Feeley |
CRIMINAL JUSTICE THROUGH MANAGEMENT: FROM POLICE, PROSECUTORS, COURTS, AND PRISONS TO A MODERN ADMINISTRATIVE AGENCY |
100 Oregon Law Review 261 (2022) |
Introduction. 262 I. How We Got Here. 272 II. Where We Are. 279 A. Detection: Police. 281 B. Disposition: Sheriffs, Prosecutors, and Judges. 284 C. Punishment: Prisons, Probation, and Parole. 292 III. What We Have Tried. 297 A. Constitutionalism. 299 B. Professionalism. 305 C. Rationalization. 309 IV. Where We Should Go. 313 A. Creating an Agency.... |
2022 |
| Benjamin Levin |
CRIMINAL LAW EXCEPTIONALISM |
108 Virginia Law Review 1381 (October, 2022) |
For over half a century, U.S. prison populations have ballooned, and criminal codes have expanded. In recent years, a growing awareness of mass incarceration and the harms of criminal law across lines of race and class has led to a backlash of anti-carceral commentary and social movement energy. Academics and activists have adopted a critical... |
2022 |
| The HLS Conference Organizers |
CRITICAL RACE THEORY: INSIDE AND BEYOND THE IVORY TOWER |
69 UCLA Law Review Discourse 118 (2022) |
The history of Critical Race Theory (CRT) is inextricably intertwined with the history of student activism on law school campuses. This activism was sparked in resistance to the dominant legal education system and with the goal of cultivating alternative spaces where law students could learn how to tackle and dismantle the seemingly permanent... |
2022 |
| Waruguru Gaitho |
CURING CORRECTIVE RAPE: SOCIO-LEGAL PERSPECTIVES ON SEXUAL VIOLENCE AGAINST BLACK LESBIANS IN SOUTH AFRICA |
28 William and Mary Journal of Race, Gender, and Social Justice 329 (Winter, 2022) |
Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to correct the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect... |
2022 |
| Rebecca Bratspies |
DECARCERATION WITH DECARBONIZATION: RENEWABLE RIKERS AND THE TRANSITION TO CLEAN POWER |
13 San Diego Journal of Climate & Energy Law 1 (2021-2022) |
C1-2Table of Contents I. Introduction. 2 II. The Scope of the Twin Problems. 5 A. The Climate Crisis. 5 B. The Mass Incarceration Crisis. 7 III. Responding to Climate Change: Decarbonization. 12 A. New York State Climate Leadership and Community Protection Act. 12 B. New York City Climate Mobilization Act. 17 IV. Renewable Rikers: Combining... |
2022 |
| Seema Tahir Saifee |
DECARCERATION'S INSIDE PARTNERS |
91 Fordham Law Review 53 (October, 2022) |
This Article examines a hidden phenomenon in criminal punishment. People in prison, during their incarceration, have made important--and sometimes extraordinary--strides toward reducing prison populations. In fact, stakeholders in many corners, from policy makers to researchers to abolitionists, have harnessed legal and conceptual strategies... |
2022 |
| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
| David Eichert |
DECOLONIZING THE CORPUS: A QUEER DECOLONIAL RE-EXAMINATION OF GENDER IN INTERNATIONAL LAW'S ORIGINS |
43 Michigan Journal of International Law 557 (2022) |
This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in... |
2022 |
| Abbe Smith |
DEFENDING GIDEON |
26 U.C. Davis Social Justice Law Review 235 (Summer, 2022) |
C1-2Table of Contents Introduction. 236 I. Paul Butler's Critique of Gideon. 239 II. Individual Rights May Not Be Everything, but They Are Essential to Individual Dignity. 249 III. Rights Are for the Guilty as Well as the Innocent, an Understanding That Is Essential to Ending Mass Incarceration. 258 IV. Defenders Are Allies and Supporters of the... |
2022 |
| Rashida Richardson |
DEFINING AND DEMYSTIFYING AUTOMATED DECISION SYSTEMS |
81 Maryland Law Review 785 (2022) |
Government agencies are increasingly using automated decision systems to aid or supplant human decision-making and policy enforcement in various sensitive social domains. They determine who will have their food subsidies terminated, how many health care benefits a person is entitled to, and who is likely to be a victim of a crime. Yet, existing... |
2022 |
| Leonard S. Rubinowitz , Michelle Shaw |
DELAYED SYNERGY: CHALLENGING HOUSING DISCRIMINATION IN CHICAGO IN THE STREETS AND IN THE COURTS |
17 Northwestern Journal of Law & Social Policy 1 (Spring, 2022) |
During the Montgomery Bus Boycott, the Montgomery Improvement Association combined a boycott with a successful constitutional challenge to bus segregation laws, producing more progress to desegregate the buses than either strategy could have brought about on its own. The Montgomery Improvement Association's approach was a paradigm of the synergy... |
2022 |
| Emily Tucker |
DELIBERATE DISORDER: HOW POLICING ALGORITHMS MAKE THINKING ABOUT POLICING HARDER |
46 New York University Review of Law and Social Change 86 (2022) |
Introduction. 87 I. Policing Algorithms in the Context of American Carceral History. 92 II. Why Algorithms Can Never Produce Justice. 100 III. Principles for Resisting Algorithmic Conceptions of Policing. 108 |
2022 |
| Elaine Gross, MSW |
DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE |
38 Touro Law Review 589 (2022) |
In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... |
2022 |
| Khiara M. Bridges |
DEPLOYING DEATH |
68 UCLA Law Review 1510 (February, 2022) |
This Article observes that if the U.S. Supreme Court overturns Roe v. Wade, people of color--specifically black people--disproportionately will be impacted by the abortion restrictions that will proliferate in the wake of the decision. In many cases, those forced to terminate unwanted pregnancies under unsafe conditions will be black; some of these... |
2022 |
| Prashasti Bhatnagar |
DEPORTABLE UNTIL ESSENTIAL: HOW THE NEOLIBERAL U.S. IMMIGRATION SYSTEM FURTHERS RACIAL CAPITALISM AND OPERATES AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH |
36 Georgetown Immigration Law Journal 1017 (Spring, 2022) |
This Note situates the U.S. immigration system itself as a negative social determinant of health that threatens the health and well-being of immigrants-- particularly laborers and agricultural workers--through racialized expropriation and exploitation of their labor. Section I uses the Chinese Exclusion Act and Bracero Program as examples to... |
2022 |
| Madalyn K. Wasilczuk |
DEVELOPING POLICE |
70 Buffalo Law Review 271 (January, 2022) |
C1-2Contents Introduction. 273 I. The Social Environment of Policing. 283 A. Duties. 285 B. Discretion. 286 C. Danger. 289 D. Deference. 290 II. Hiring for Harm Reduction. 292 A. Police Hiring. 298 B. Minimum Hiring Ages. 301 C. The History of Minimum Qualifying Age. 303 D. The Effects of Age on Policing. 306 III. Developing Within the Department.... |
2022 |
| Evan R. Seamone |
DISABILITY COMPENSATION FOR THE PSYCHOLOGICAL IMPACT OF RACE DISCRIMINATION: LESSONS FROM THE BOARD OF VETERANS' APPEALS |
74 Administrative Law Review 309 (Spring, 2022) |
Introduction. 310 II. VA Disability Compensation Framework. 317 III. Research Methodology. 323 A. The Written VA Appellate Decision as the Unit of Analysis. 323 B. Supervised Machine Learning to Classify Discrimination Cases. 326 C. Study Limitations. 327 IV. Study Results. 329 A. General Trends in Outcomes Across Discrimination Cases. 329 B.... |
2022 |
| Regina Kline , Michael Morris , Nanette Goodman , Peter Blanck |
DISABILITY REPARATIONS AND THE MODERNIZATION OF THE COMMUNITY REINVESTMENT ACT OF 1977 |
24 NYU Journal of Legislation and Public Policy 375 (2021-2022) |
The Community Reinvestment Act of 1977 (CRA) was enacted to reverse the historical exclusion of low and moderate income (LMI) communities from bank lending, investment, and services. This practice of so-called redlining was endemic to a system of finance in which banks typically took wealth out of LMI communities while denying the credit... |
2022 |
| Jamelia Morgan |
DISABILITY, POLICING, AND PUNISHMENT: AN INTERSECTIONAL APPROACH |
75 Oklahoma Law Review 169 (Autumn, 2022) |
Disabled people of color are uniquely vulnerable to policing and punishment. Proponents of police reform and, more recently, police abolition note that disabled people, particularly people with psychiatric disabilities, are vulnerable to citation and arrest. Indeed, data on the high percentages of people in prisons and jails who report having a... |
2022 |
| Jamelia Morgan |
DISABILITY'S FOURTH AMENDMENT |
122 Columbia Law Review 489 (March, 2022) |
Issues relating to disability are undertheorized in the Supreme Court's Fourth Amendment jurisprudence. Across the lower courts, although disability features prominently in excessive force cases, typically involving individuals with psychiatric disabilities, it features less prominently in other areas of Fourth Amendment doctrine. Similarly,... |
2022 |
| Ngozi Okidegbe |
DISCREDITED DATA |
107 Cornell Law Review 2007 (November, 2022) |
Jurisdictions are increasingly employing pretrial algorithms as a solution to the racial and socioeconomic inequities in the bail system. But in practice, pretrial algorithms have reproduced the very inequities they were intended to correct. Scholars have diagnosed this problem as the biased data problem: pretrial algorithms generate racially and... |
2022 |
| Rachael Hanna, Eric Halliday |
DISCRETION WITHOUT OVERSIGHT: THE FEDERAL GOVERNMENT'S POWERS TO INVESTIGATE AND PROSECUTE DOMESTIC TERRORISM |
55 Loyola of Los Angeles Law Review 775 (Summer, 2022) |
Following the Jan. 6, 2021, attack on the U.S. Capitol, elected officials and terrorism experts renewed calls for Congress to pass a domestic terrorism statute to empower the federal government to pursue white supremacists and other domestic terrorists. But, the debate over whether the federal government needs additional powers to investigate... |
2022 |
| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
| Lucas Swaine |
DOES HATE SPEECH VIOLATE FREEDOM OF THOUGHT? |
29 Virginia Journal of Social Policy and the Law 1 (Winter, 2022) |
I. Introduction. 2 II. What Is Hate Speech?. 3 III. What's Wrong With Hate Speech?. 7 IV. Freedom of Speech and Freedom of Thought. 11 V. Hate-Speech Violations of Freedom of Thought: Cases and Examples. 16 A. Tabloid Treatments of the Murder of Ingrid Escamilla. 16 B. Slave-Auction Markers in Virginia and Maryland. 19 C. R.A.V. v. City of St.... |
2022 |
| Melvin L. Otey |
DOES MOTIVE ALSO FOLLOW THE BULLET? TRANSFERRED INTENT AND VIOLENT CRIMES IN AID OF RACKETEERING |
89 Tennessee Law Review 377 (Winter, 2022) |
Introduction. 377 I. The Transferred Intent Legal Fiction. 380 A. Transferred Intent Generally. 381 B. Distinguishing Intent and Motive. 385 II. VICAR's Alternative Motives Element. 388 A. VICAR's Pecuniary Motive Alternative. 391 B. VICAR's Positional Motive Alternative. 394 1. Gaining Entrance to an Enterprise. 395 2. Maintaining or Increasing... |
2022 |
| Edith Perez |
DON'T MAKE A RUN FOR IT: RETHINKING ILLINOIS v. WARDLOW IN LIGHT OF POLICE SHOOTINGS AND THE NATURE OF REASONABLE SUSPICION |
32 University of Florida Journal of Law and Public Policy 361 (Spring, 2022) |
Nor is it true as an accepted axiom of criminal law that the wicked flee when no man pursueth, but the righteous are as bold as a lion. Fear and distrust of law enforcement have been longstanding in the Black community. Those in power have fueled this fear and distrust through brutal beatings, harassment, and general discrimination. The... |
2022 |
| Simon Balto, Department of History, University of Wisconsin-Madison, Madison, Wisconsin, USA, sebalto@wisc.edu, https://doi.org/10.1093/ajlh/njac006, Advance Access Publication Date: 25 March 2022 |
DOUGLAS J. FLOWE, UNCONTROLLABLE BLACKNESS: AFRICAN AMERICAN MEN AND CRIMINALITY IN JIM CROW NEW YORK (CHAPEL HILL: UNIVERSITY OF NORTH CAROLINA PRESS 2020), PP 332, US $29.95 (HARDBACK). ISBN 978-1469655727 |
62 American Journal of Legal History 129 (March, 2022) |
On a steamy August night in 1900, Arthur Harris, a Black migrant from Virginia to New York, stabbed a White plainclothes police officer named Robert Thorpe to death in the Tenderloin district on Manhattan's West Side. Harris was defending his common-law wife May Enoch from Thorpe, who had approached Enoch as she stood outside a saloon waiting for... |
2022 |
| Colin Gordon |
DRESS REHEARSAL FOR SHELLEY: SCOVEL RICHARDSON AND THE CHALLENGE TO RACIAL RESTRICTIONS IN ST. LOUIS |
67 Washington University Journal of Law & Policy 87 (2022) |
Throughout the twenty-first century, St. Louis was one of the most segregated metropolitan cities in the nation. This problematic setting allowed the city to become ground zero for the legal battle against racial segregation. While many are aware of the historic ruling in Shelley v. Kraemer, which prohibited state enforcement of racially... |
2022 |
| Sunita Patel |
EMBEDDED HEALTHCARE POLICING |
69 UCLA Law Review 808 (May, 2022) |
Scholars and activists are urging a move away from policing and towards more care-based approaches to social problems and public safety. These debates contest the conventional wisdom about the role and scope of policing and call for shifting resources to systems of care, including medical, mental health, and social work. While scholars and... |
2022 |
| Lori A. Nessel |
ENFORCED INVISIBILITY: TOWARD NEW THEORIES OF ACCOUNTABILITY FOR THE UNITED STATES' ROLE IN ENDANGERING ASYLUM SEEKERS |
55 U.C. Davis Law Review 1513 (February, 2022) |
C1-2Table of Contents Introduction. 1515 I. Deconstructing the Web of Policies that Comprise the Invisibility Regime at the Southern Border. 1521 A. Migrant Protection Protocols (MPP). 1522 B. The Asylum Transit Ban. 1527 C. Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP). 1529 D. Metering. 1530 E. Asylum... |
2022 |
| Brennan Gardner Rivas |
ENFORCEMENT OF PUBLIC CARRY RESTRICTIONS: TEXAS AS A CASE STUDY |
55 U.C. Davis Law Review 2603 (June, 2022) |
In ongoing conversations about public carry laws, many scholars make references to enforcement of public carry laws. These references tend to claim that such laws were enforced in a discriminatory way, or even not at all. This Article presents data-driven conclusions about the enforcement of the 1871 deadly weapon law of Texas, the state's primary... |
2022 |
| Cissy Jackson |
ENHANCING COURT SECURITY--AN UNFORTUNATE IMPERATIVE |
69-JUN Federal Lawyer 4 (May/June, 2022) |
According to the FBI and the Department of Homeland Security, in recent years, domestic violent extremists (DVEs) have become a national threat priority on par with foreign terrorist organizations. DVEs are individuals who commit violent criminal acts in furtherance of ideological goals such as racial bias, misogyny, or antigovernment sentiment,... |
2022 |
| Sidney Balman |
ENSURING BLACK LIVES MATTER WHEN THE PENALTY IS DEATH |
15 Idaho Critical Legal Studies Journal 1 (2022) |
[I]t is not so much that the death penalty has a race problem as it is that the race problems of America manifest themselves through the implementation of the death penalty. Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They... |
2022 |
| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
| Darrell A.H. Miller |
ESTOPPEL BY NONVIOLENCE |
85 Law and Contemporary Problems 69 (2022) |
There are two traditions of political change in America. One tradition invokes Lexington and Concord, the minutemen, George Washington crossing the Delaware, and the surrender at Yorktown. This is the American tradition of political violence: Liberty seized through the sword. The other invokes Montgomery and Selma, the Freedom Riders, the march... |
2022 |
| Megan Uren |
EVERY 66 HOURS. DEAD OR DISAPPEARED. A COLONIAL GENDERED LENS ON GENOCIDE: CASE STUDY ON CANADA'S GENOCIDE AGAINST INDIGENOUS WOMEN, GIRLS, AND 2SLGBTQQIA PEOPLE |
50 Denver Journal of International Law and Policy 167 (Spring, 2022) |
Genocide is happening today, and it will be happening tomorrow. It is not yet time to tell volunteers to stop dredging the Red River for dead bodies of Indigenous women and girls nor time for red dresses to stop being hung on the Highway of Tears. There are dead bodies in the water. There are missing bodies who were taken along wooded highways .... |
2022 |
| Sheri Lynn Johnson |
EXPLAINING THE INVIDIOUS: HOW RACE INFLUENCES CAPITAL PUNISHMENT IN AMERICA |
107 Cornell Law Review 1513 (September, 2022) |
[W]e decline to assume that what is unexplained is invidious. McCleskey v. Kemp, 481 U.S. 279, 313 (1987) Introduction. 1514 I. Race, the American Death Penalty, and the Supreme Court. 1516 A. Before the Fourteenth Amendment: Open Discrimination. 1516 B. From Reconstruction to Furman: Unbridled Discretion. 1518 C. The Role of Race in Furman and... |
2022 |
| Joubin Khazaie |
FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW |
12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) |
This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... |
2022 |
| Janet H. Vo |
FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE |
66 Boston Bar Journal 23 (2022) |
More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... |
2022 |
| Cynthia Lee |
FIREARMS AND INITIAL AGGRESSORS |
101 North Carolina Law Review 1 (December, 2022) |
Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... |
2022 |
| Nicholas J. Johnson |
FIREARMS AND PROTEST: LESSONS FROM THE BLACK TRADITION OF ARMS |
54 Connecticut Law Review 953 (July, 2022) |
Kenosha was no aberration. Our history is filled with episodes of righteous protest boiling over into violence. Where violence is imminent, our traditions and laws allow innocents to use corresponding violence in self-defense. This arrangement is imperfect and demands hard thinking about how to refine and possibly improve it. One source of lessons... |
2022 |
| Robert M. Jarvis |
FLORIDA'S JUDICIAL ETHICS RULES: HISTORY, TEXT, AND USE |
76 University of Miami Law Review 982 (Summer, 2022) |
A handy summary of Florida's federal and state judicial ethics codes does not exist. As a result, Florida attorneys and judges often must invest considerable time and effort when a question of judicial ethics arises. To assist such queries, this article provides a comprehensive description of both the Florida Code of Judicial Conduct and the Code... |
2022 |
| Khiara M. Bridges |
FOREWORD: RACE IN THE ROBERTS COURT |
136 Harvard Law Review 23 (November, 2022) |
C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... |
2022 |
| Derek W. Black |
FREEDOM, DEMOCRACY, AND THE RIGHT TO EDUCATION |
116 Northwestern University Law Review 1031 (2022) |
Abstract--While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing--a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to... |
2022 |
| Charisa Smith |
FROM EMPATHY GAP TO REPARATIONS: AN ANALYSIS OF CAREGIVING, CRIMINALIZATION, AND FAMILY EMPOWERMENT |
90 Fordham Law Review 2621 (May, 2022) |
America's legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples... |
2022 |
| Marnie Lowe |
FRUIT OF THE RACIST TREE: A SUPER-EXCLUSIONARY RULE FOR RACIST POLICING UNDER CALIFORNIA'S RACIAL JUSTICE ACT |
131 Yale Law Journal 1035 (January, 2022) |
This Comment explores a novel legal remedy for demonstrated racial bias or animus in police investigations presented in the recently enacted California Racial Justice Act (RJA) of 2020. The Comment contends that the California RJA, in attempting to address racism throughout the state's criminal justice system, establishes a super-exclusionary... |
2022 |
| David McNamee |
FUNDAMENTAL LAW, FUNDAMENTAL RIGHTS, AND CONSTITUTIONAL TIME |
55 Indiana Law Review 319 (2022) |
This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation--as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary... |
2022 |
| Jeremy Dang , An Independent Writing Project, Harvard Law School 2021, Supervised by Professor Carol Steiker |
FUTURE DANGEROUSNESS: A FAULTY COG IN THE MACHINERY OF DEATH |
49 American Journal of Criminal Law 199 (Spring, 2022) |
I. Introduction. 200 II. Part 1: Predicting the Future. 203 A. Future Dangerousness and the Supreme Court. 204 B. Empirical and Practical Objections. 207 C. Constitutional Objections. 209 D. Philosophical Objections. 212 III. Part 2: Texas, Duane Buck, and Furman's Empty Promise. 214 A. The Case of Duane Buck: A Small Dose of a Deadly Toxin. 220... |
2022 |