| Author | Title | Citation | Summary | Year |
| The Task Force 2.0 Research Working Group |
RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
97 Washington Law Review 1 (March, 2022) |
As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... |
2022 |
| Dylan C. Penningroth |
RACE IN CONTRACT LAW |
170 University of Pennsylvania Law Review 1199 (May, 2022) |
Modern contract law is rife with ideas about race and slavery and cases involving African Americans, but that presence is very hard to see. This Article recovers a hidden history of race in contract law, from its formative era in the 1870s, through the Realist critiques of the early 1900s to the diverse intellectual movements of the 1970s and 80s.... |
2022 |
| The Task Force 2.0 Juvenile Justice Subcommittee |
RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
57 Gonzaga Law Review 636 (2021/2022) |
C1-2Table of Contents Message from the Juvenile Justice Subcommittee. 638 Participating Organizations and Institutions. 640 Acknowledgments and Note on Process. 641 Definitions. 644 Executive Summary. 649 I. Youth-Centered Blueprint for Change. 654 II. The Overrepresentation of Youth of Color in the Juvenile Legal System Persists. 662 III. How Did... |
2022 |
| Liane Jackson |
RACE TO THE BOTTOM |
108-MAR ABA Journal 11 (February/March, 2022) |
Intersection is a column that explores issues of race, gender and law across America's criminal and social justice landscape. Years ago as a TV reporter working with our chief photographer out in the field in Nashville, Tennessee, I was surprised to learn he always carried a gun just in case, he told me, patting his hip. Certainly, the job of a... |
2022 |
| Cyra Akila Choudhury |
RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE |
91 University of Cincinnati Law Review 1 (2022) |
Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... |
2022 |
| Dan L. Burk |
RACIAL BIAS IN ALGORITHMIC IP |
106 Minnesota Law Review Headnotes 270 (Spring, 2022) |
Justice? Hawkmoon called after him as he left the room. Is there such a thing? It can be manufactured in small quantities, Fank told him. But we have to work hard, fight well and use great wisdom to produce just a tiny amount. Intellectual property law currently stands at the intersection of two dramatic social trends. Machine learning... |
2022 |
| Pavan S. Krishnamurthy |
RACIAL BIAS IN THE UNITED STATES ARMED FORCES: A THREAT TO NATIONAL SECURITY IN THE ERA OF RENEWED GREAT POWER COMPETITION |
29 Virginia Journal of Social Policy and the Law 31 (Winter, 2022) |
Introduction. 33 I. The History of International Security Environments. 35 A. The Cold War Era. 35 B. The Post-Cold War Era. 36 C. The Era of Renewed Great Power Competition. 36 II. Racial Bias in the United States Armed Forces. 38 Diagram 1: Racial Bias within Micro and Macro Perspectives. 40 A. Racial Bias in the Cold War Era. 40 B. Racial Bias... |
2022 |
| E. Tendayi Achiume |
RACIAL BORDERS |
110 Georgetown Law Journal 445 (March, 2022) |
This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... |
2022 |
| Tonya L. Brito , Kathryn A. Sabbeth , Jessica K. Steinberg , Lauren Sudeall |
RACIAL CAPITALISM IN THE CIVIL COURTS |
122 Columbia Law Review 1243 (June, 2022) |
This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket... |
2022 |
| Allyson Crane |
RACIAL DISPARITIES IN MENTAL HEALTH TREATMENT: HOW INDIANA MISSES THE MARK IN PROVIDING ACCESSIBLE AND QUALITY TREATMENT AMIDST THE CORONAVIRUS PANDEMIC |
19 Indiana Health Law Review 427 (2022) |
Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality... |
2022 |
| Yuvraj Joshi |
RACIAL JUSTICE AND PEACE |
110 Georgetown Law Journal 1325 (June, 2022) |
The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... |
2022 |
| Angela Onwuachi-Willig , Anthony V. Alfieri |
RACIAL TRAUMA IN CIVIL RIGHTS REPRESENTATION |
120 Michigan Law Review 1701 (June, 2022) |
Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of... |
2022 |
| Sara Hildebrand |
RACIALIZED IMPLICATIONS OF OFFICER GANG EXPERT TESTIMONY |
92 Mississippi Law Journal 155 (2022) |
Introduction. 156 I. The Rise of Police as Expert Witnesses. 159 II. Anti-Gang Legislation and Officers as Gang Experts. 163 III. Bases for Exclusion of Officer Gang Expert Testimony. 167 A. Excessive Judicial Deference to Police as Gang Experts. 168 1. Uncritical Judicial Assessment of Officer Qualifications. 169 2. Unreliable, Overbroad, and... |
2022 |
| Erika K. Wilson |
RACIALIZED RELIGIOUS SCHOOL SEGREGATION |
132 Yale Law Journal Forum 598 (11/17/2022) |
abstract. Carson v. Makin has several implications for the future of school-choice programs. This Essay explores one possibility: an increase in sectarian schools participating in state-funded school-choice programs, causing new forms of school segregation based on race and religion and impairing the democracy-enhancing functions of public... |
2022 |
| Suzy J. Park |
RACIALIZED SELF-DEFENSE: EFFECTS OF RACE SALIENCE ON PERCEPTIONS OF FEAR AND REASONABLENESS |
55 Columbia Journal of Law and Social Problems 541 (Summer, 2022) |
Through a controlled experiment, this Note investigates the hypothesis that implicit references to racial stereotypes, such as subtle racial imagery, trigger mock jurors' implicit biases to a greater degree than explicit invocations of racial stereotypes. Across six conditions, 270 participants read facts resembling those of People v. Goetz, in... |
2022 |
| Lili Levi |
RACIALIZED, JUDAIZED, FEMINIZED: IDENTITY-BASED ATTACKS ON THE PRESS |
20 First Amendment Law Review 147 (2022) |
The press is under a growing and dangerous form of attack through identity-based online harassment of journalists. Armies of online abusers are strategically using a variety of rhetorical tools (including references to lynching, the Holocaust, rape and dismemberment) to intimidate and silence non-white, non-male and non-Christian journalists. Such... |
2022 |
| Adam Winkler |
RACIST GUN LAWS AND THE SECOND AMENDMENT |
135 Harvard Law Review Forum 537 (6/21/2022) |
For a significant portion of American history, gun laws bore the ugly taint of racism. The founding generation that wrote the Second Amendment had racist gun laws, including prohibitions on the possession or carrying of firearms by Black people, whether free or enslaved. A Florida law in 1825 authorized white people to enter into all Negro houses... |
2022 |
| Patrick J. Charles |
RACIST HISTORY AND THE SECOND AMENDMENT: A CRITICAL COMMENTARY |
43 Cardozo Law Review 1343 (April, 2022) |
C1-2Table of Contents I. A Critical Examination of How and Why the Gun Control Is Racist Narrative Came to Be. 1345 II. A Critical Examination of How (and the Elusive Why) the Second Amendment Is Racist Narrative Came to Be. 1368 III. Racist History and the Second Amendment: The History-in-Law Case for a High Evidentiary Burden. 1375 |
2022 |
| Maneka Sinha |
RADICALLY REIMAGINING FORENSIC EVIDENCE |
73 Alabama Law Review 879 (2022) |
Introduction. 880 I. Abolition and Forensics in Context. 888 A. The Abolition Framework. 889 B. The Forensic System Today. 892 1. The Carceral Origins of Forensic Methods. 894 2. Carceral Culture in Forensics. 898 II. Forensic Science Reform Efforts. 904 A. Policy Reforms. 904 B. Legal Reforms. 908 1. The Change in Standards Governing Admissibility... |
2022 |
| Alice Ristroph |
READ THYSELF |
74 Alabama Law Review 493 (2022) |
What makes a crime violent? I asked in 2011. What is a violent crime? asks David Sklansky in A Pattern of Violence, a decade later. Over that decade, criminal law scholars, as well as political leaders, advocates, and activists outside the academy, have increasingly scrutinized the concept of violence in criminal law. There are a number of... |
2022 |
| Sarah A. Husk |
REBUFFING THE GAZE: TOWARD THE LEGAL RECOGNITION OF OWNERSHIP AND USE RIGHTS OF NONCONSENSUAL PHOTOGRAPHIC SUBJECTS |
26 U.C. Davis Social Justice Law Review 187 (Summer, 2022) |
C1-2Table of Contents Abstract. 189 I. Introduction: Through the Looking Glass. 190 II. Federal Copyright Law and the Protection of Photographic Images in the United States. 195 A. The Copyright Act. 195 1. Copyright Infringement. 197 a. Exceptions, Limitations, and Defenses: Fair Use. 199 b. Alternatives to Copyright Protection: Works in the... |
2022 |
| Jennifer Lee Barrow |
RECIDIVISM REFORMATION: ELIMINATING DRUG PREDICATES |
135 Harvard Law Review Forum 418 (5/20/2022) |
The Armed Career Criminal Act (ACCA) imposes a minimum fifteen-year sentence for violating 18 U.S.C. § 922(g) after three violent felony or serious drug offense convictions. The ACCA disproportionately impacts people of color and imposes significant costs on the federal judiciary and the criminal justice system overall. This Essay contributes... |
2022 |
| Lauren Johnson, Cinnamon Pelly, Ebony L. Ruhland, Simone Bess, Jacinda K. Dariotis, Janet Moore |
RECLAIMING SAFETY: PARTICIPATORY RESEARCH, COMMUNITY PERSPECTIVES, AND POSSIBILITIES FOR TRANSFORMATION |
18 Stanford Journal of Civil Rights & Civil Liberties 191 (May, 2022) |
This paper offers the first known interdisciplinary, community-based participatory research study to focus directly on two questions that have drawn increased attention in the wake of global protests over racialized police violence: 1) What is the definition of safety? and 2) How can safety be made equally accessible to all? The study is part of a... |
2022 |
| Nicholas Serafin |
REDEFINING THE BADGES OF SLAVERY |
56 University of Richmond Law Review 1291 (Spring, 2022) |
Section 2 of the Thirteenth Amendment grants Congress the authority to eliminate the badges and incidents of slavery. What constitutes an incident of slavery is clear: the incidents of slavery are the legal restrictions, such as submission to a master and a ban on the ownership of productive property, that were inherent in the institution of... |
2022 |
| Tessa Ptucha |
RE-DIRECTING THE 50-YEAR-LONG WAR ON DRUGS IN THE UNITED STATES: SAFE INJECTION SITES AS THE NECESSARY WEAPONS |
50 Hofstra Law Review 929 (Summer, 2022) |
Just north of Philadelphia, Pennsylvania, locals from the town of Kensington watched their quaint community transform into the epicenter of the opioid crisis in less than forty years. Since 2007, more people report using the non-prescription opioid, heroin, each year in the United States--with an all-time high of 948,000 (reported) opioid users... |
2022 |
| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
| Kele M. Stewart |
RE-ENVISIONING CHILD WELL-BEING: DISMANTLING THE INEQUITABLE INTERSECTIONS AMONG CHILD WELFARE, JUVENILE JUSTICE, AND EDUCATION |
12 Columbia Journal of Race and Law 1 (June, 2022) |
I. Racialized Outcomes, Poverty and America's Hierarchy. 4 A. Racialized Youth Outcomes. 4 B. The Role of Poverty. 6 C. Hierarchies. 7 II. The Child Welfare, Education, and Juvenile Justice Systems. 8 A. The Family Regulation System. 9 B. The Juvenile Justice System. 14 C. The Education System. 16 III. The Compounding Effect of Interaction Between... |
2022 |
| Vanessa Zboreak |
REGULATORY REPARATIONS |
14 Elon Law Review 215 (2022) |
I. Introduction. 215 II. Reparations frameworks. 219 A. Theories of Reparations Compensation. 219 B. Tort Theory & Limits of Reparations Litigation. 223 C. Reparations as Legislative Repair. 228 III. Regulatory Reparations Groundwork. 235 A. Reparative Regulatory Review. 236 B. Citizen Petitions for Reparations Review. 242 C. Complementarity with... |
2022 |
| Zamir Ben-Dan |
REIMAGINING JUSTICE: PEOPLE v. CHARLES AND THE MYTH OF JUSTICE WITHOUT POLICE ACCOUNTABILITY IN NEW YORK CITY |
45 New York University Review of Law and Social Change 509 (2022) |
Police play an integral role in the criminal judicial system; they start the process through searches and seizures and are often involved in other parts of the process, including evidentiary hearings and trials. Thus, it is imperative that police officers do their jobs ethically and responsibly. This Article examines how police officers in New York... |
2022 |
| Brandon Hasbrouck |
REIMAGINING PUBLIC SAFETY |
117 Northwestern University Law Review 685 |
Abstract--In the aftermath of George Floyd's murder, abolitionists were repeatedly asked to explain what they meant by abolish the police--the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists' secondary proposals, as interviewers quickly jettisoned the idea of literally... |
2022 |
| Aneri Shah |
REINVIGORATING THE FEDERAL GOVERNMENT'S ROLE IN CIVIL RIGHTS ENFORCEMENT UNDER 18 U.S.C. § 242: THE GEORGE FLOYD JUSTICE IN POLICING ACT'S NOT SO RECKLESS PROPOSAL |
52 Seton Hall Law Review 1601 (2022) |
The deaths of George Floyd, Daunte Wright, Breonna Taylor, Jacob Blake, Ahmaud Arbery, Tamir Rice, Eric Garner, Michael Brown, and many others ignited intense protests throughout the country in 2020 and a fierce debate in Congress concerning police reform. The widespread protests following the death of George Floyd, in particular, catalyzed a new... |
2022 |
| Andrea Kupfer Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden |
REMOTE JUSTICE & DOMESTIC VIOLENCE: PROCESS PLURALISM LESSONS FROM THE PANDEMIC |
52 Stetson Law Review 231 (Winter 2022) |
As the world faced a global pandemic in 2020, governments imposed various restrictions and urged everyone to keep their distance from other people and stay home. Schools, workplaces, courts, and social service providers went remote within a matter of days in a social and technological transformation that was both stunning and painful. While people... |
2022 |
| Adam Coretz |
REPARATIONS FOR A PUBLIC NUISANCE? THE EFFORT TO COMPENSATE SURVIVORS, VICTIMS, AND DESCENDANTS OF THE TULSA RACE MASSACRE ONE HUNDRED YEARS LATER |
43 Cardozo Law Review 1641 (April, 2022) |
C1-2Table of Contents Introduction. 1642 I. Background. 1645 A. History of the Greenwood District and the 1921 Tulsa Race Massacre. 1645 B. History and Evolution of Public Nuisance as a Tort. 1649 C. Defining Public Nuisance at Common Law Today. 1651 D. Public Nuisance in Oklahoma. 1652 E. Tulsa Race Massacre Lawsuit. 1654 F. Race Reparations for... |
2022 |
| The Task Force 2.0 Juvenile Justice Subcommittee |
REPORT AND RECOMMENDATIONS TO ADDRESS RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
45 Seattle University Law Review 1025 (Spring, 2022) |
As the Editors-in Chief of Gonzaga Law Review and Seattle University Law Review, we represent the flagship legal academic publications of Washington's two Jesuit law schools. We are pleased to present this report as a joint publication and to highlight the important work of the Task Force 2.0 Juvenile Justice Subcommittee. Sincerely, Carly C.... |
2022 |
| Willie J. Epps, Jr. |
RESIGNATION IN PROTEST: JUDGE WILLIAM HASTIE'S UNCOMPROMISING BATTLE AGAINST DISCRIMINATORY TREATMENT OF BLACKS IN THE ARMED FORCES |
90 UMKC Law Review 549 (Spring, 2022) |
In November of 1940, less than a year before the attack on Pearl Harbor, Judge William H. Hastie was appointed to a prestigious position in the War Department to advise on policy concerning Blacks in the armed forces. Judge Hastie found the status of Black officers had improved since World War I but remained far from what it should be. He viewed... |
2022 |
| Peter H. Huang |
RESISTANCE IS NOT FUTILE: CHALLENGING AAPI HATE |
28 William and Mary Journal of Race, Gender, and Social Justice 261 (Winter, 2022) |
This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate--defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect,... |
2022 |
| Alexa Sardina, Ph.D. , Alissa R. Ackerman, Ph.D. |
RESTORATIVE JUSTICE IN CASES OF SEXUAL HARM |
25 CUNY Law Review 1 (Winter, 2022) |
Introduction. 1 I. The Impact of the Criminal Legal System on Those Who Have Been Sexually Harmed. 3 Secondary Victimization: Underreporting, Police Interactions, and Case Attrition. 4 II. A Brief History of Post-Conviction Sex Crimes Policies. 13 III. The Etiology of Sexual Harm. 21 IV. What Is Restorative Justice?. 25 How Is Restorative Justice... |
2022 |
| Robert Weiss |
RETHINKING PRISON FOR NON-VIOLENT GUN POSSESSION |
112 Journal of Criminal Law and Criminology 665 (Summer, 2022) |
Whatever the wisdom or folly of the belief, Americans who live in violence-affected neighborhoods often believe they need a gun for self-defense. Yet many are, due to age or criminal record, unable to legally possess a firearm. The result is a Catch-22 they describe as either being caught with a gun . [or] dead without one. Indeed, Chicago,... |
2022 |
| Nick Robinson |
RETHINKING THE CRIME OF RIOTING |
107 Minnesota Law Review 77 (November, 2022) |
Introduction. 78 I. The Problem of Rioting. 85 A. The United States and Its Many Types of Riots. 85 B. The Challenge of the Riot. 89 C. The Weaponization of the Accusation of Rioting. 91 ii. The Development of the Crime of Rioting. 93 A. English Roots. 93 B. United States Evolution. 96 III. A Critique of Anti-Riot Legal Measures. 106 A.... |
2022 |
| |
RIGHT OF ACCESS TO COURTS |
51 Georgetown Law Journal Annual Review of Criminal Procedure 1189 (2022) |
The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help inmates prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required... |
2022 |
| |
RIGHT TO A JURY TRIAL |
51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2022 |
| Corey L. Gordon |
RIGHTING WRONGS THROUGH POSTHUMOUS PARDONS: MAX MASON, THE DULUTH LYNCHINGS, AND LESSONS FOR THE FUTURE |
18 University of Saint Thomas Law Journal 87 (Spring, 2022) |
On June 12, 2020, just three days shy of the 100th anniversary of the infamous lynchings of three African-Americans in Duluth, Minnesota, and less than three weeks after the brutal murder of George Floyd at the hands (and knees) of Minneapolis police officers, the Minnesota Board of Pardons granted the state's first-ever posthumous pardon. It went... |
2022 |
| Ayesha Bell Hardaway |
RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT |
55 Connecticut Law Review 179 (December, 2022) |
Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... |
2022 |
| Aaron R. Megar |
ROAD TO REFORM: THE CASE FOR REMOVING POLICE FROM TRAFFIC REGULATION |
75 Vanderbilt Law Review En Banc 13 (2022) |
L1-2Introduction . L314 I. Racialized Traffic Enforcement in the United States. 17 A. Traffic Policing as the General Warrant. 18 1. Fourth Amendment Doctrine and the Supreme Court. 19 2. Institutional, Implicit, and Systemic Motivations Behind Pretextual Policing. 21 B. The Effect of Warrants in Traffic Stops. 23 C. The Unofficial... |
2022 |
| André Douglas Pond Cummings , Steven A. Ramirez |
ROADMAP FOR ANTI-RACISM: FIRST UNWIND THE WAR ON DRUGS NOW |
96 Tulane Law Review 469 (February, 2022) |
I. Introduction. 469 II. A Short History of the War on Drugs and Mass Incarceration. 475 III. The Devastation Suffered in Communities of Color. 486 A. Direct Economic Costs of the War on Drugs and Mass Incarceration. 487 B. Government Expenditures. 488 C. Economic and Psychological Costs on Families of Color. 490 D. Indirect Costs of the War on... |
2022 |
| Gabriel J. Chin |
ROBERT COVER AND CRITICAL RACE THEORY |
37 Touro Law Review 1837 (2022) |
Professor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other,... |
2022 |
| Renee Griffin |
SEARCHING FOR TRUTH IN THE FIRST AMENDMENT'S TRUE THREAT DOCTRINE |
120 Michigan Law Review 721 (February, 2022) |
Threats of violence, even when not actually carried out, can inflict real damage. As such, state and federal laws criminalize threats in a wide range of circumstances. But threats are also speech, and free speech is broadly protected by the First Amendment. The criminalization of threats is nonetheless possible because of Supreme Court precedents... |
2022 |
| Katherine Macfarlane |
SECTION 1983 DEALMAKING |
97 Tulane Law Review 1 (November, 2022) |
Breonna Taylor was killed in her home during the botched execution of a no-knock warrant. However, any civil rights claims arising from her death would likely fail in court because of qualified immunity, which often shields officers from civil damages, and City of Los Angeles v. Lyons, which blocks reform that might be achieved through injunctive... |
2022 |
| Jacob D. Charles |
SECURING GUN RIGHTS BY STATUTE: THE RIGHT TO KEEP AND BEAR ARMS OUTSIDE THE CONSTITUTION |
120 Michigan Law Review 581 (February, 2022) |
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun... |
2022 |
| Brendan Lantz, Marin R. Wenger, Zachary T. Malcom, College of Criminology and Criminal Justice, Florida State University |
SEVERITY MATTERS: THE MODERATING EFFECT OF OFFENSE SEVERITY IN PREDICTING RACIAL DIFFERENCES IN REPORTING OF BIAS AND NONBIAS VICTIMIZATION TO THE POLICE |
46 Law and Human Behavior 15 (February, 2022) |
Objective: Previous research has noted contradictory findings regarding race and police notification, such that Black people indicate higher levels of distrust in the police yet report victimization to the police at rates similar to or higher than others. We investigated the role of offense severity in accounting for these discrepancies.... |
2022 |