| Author | Title | Citation | Summary | Year |
| John Whitlow |
THE REAL ESTATE STATE AND GROUP-DIFFERENTIATED VULNERABILITY TO PREMATURE DEATH: EXPLORING THE POLITICAL-ECONOMIC ROOTS OF COVID-19'S RACIALLY DISPARATE DEADLINESS IN NEW YORK CITY IN THE SPRING OF 2020 |
35 Journal of Civil Rights & Economic Development 245 (Spring, 2022) |
Tell me how you die and I will tell you who you are. [I]n our time all politics is about real estate; and this from the loftiest statecraft to the most petty maneuvering around local advantage. In May 2020, after several bleak months in which Covid-19 took the lives of thousands of New York City's most vulnerable residents, a vigil was held in... |
2022 |
| Zohra Ahmed |
THE RIGHT TO COUNSEL IN A NEOLIBERAL AGE |
69 UCLA Law Review 442 (April, 2022) |
Legal scholarship tends to obscure how changes in criminal process relate to broader changes in the political and economic terrain. This Article offers a modest corrective to this tendency. By studying the U.S. Supreme Court's right to counsel jurisprudence, as it has developed since the mid-70s, I show the pervasive impact of the concurrent rise... |
2022 |
| Amy J. Cohen |
THE RISE AND FALL AND RISE AGAIN OF INFORMAL JUSTICE AND THE DEATH OF ADR |
54 Connecticut Law Review 197 (March, 2022) |
Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient settlement of legal disputes. But this was not always the case. In the 1970s, scholars imagined mediation as a technique of social and political transformation: a... |
2022 |
| Mirko Bagaric , Jennifer Svilar , Melissa Bull , Dan Hunter , Nigel Stobbs |
THE SOLUTION TO THE PERVASIVE BIAS AND DISCRIMINATION IN THE CRIMINAL JUSTICE SYSTEM: TRANSPARENT AND FAIR ARTIFICIAL INTELLIGENCE |
59 American Criminal Law Review 95 (Winter, 2022) |
Algorithms are increasingly used in the criminal justice system for a range of important matters, including determining the sentence that should be imposed on offenders; whether offenders should be released early from prison; and the locations where police should patrol. The use of algorithms in this domain has been severely criticized on a number... |
2022 |
| Margaret J. Finerty |
THE SUPREME COURT'S BRUEN DECISION AND ITS IMPACT: WHAT COMES NEXT? |
94-OCT New York State Bar Journal 8 (September/October, 2022) |
The impact of the Bruen decision on New York and throughout the country cannot be overstated. It will result in major changes to present gun regulations, as we have already seen in New York State, and increased legal challenges to existing gun laws, as is already happening. The executive branch, legislators and the courts, as well as lawyers, will... |
2022 |
| Gabriella Kamran |
THE THINGS WE BEAR: ON GUNS, ABORTION, AND SUBSTANTIVE DUE PROCESS |
23 Georgetown Journal of Gender and the Law 479 (Spring, 2022) |
As the Supreme Court sits ready to curtail both abortion rights and gun control laws in its current term, this Note seeks to retheorize the nexus between the constitutional claims to abortion and individual gun ownership. It departs from existing theories, which largely frame the legal arguments or bases of the two rights as parallel, by proposing... |
2022 |
| Jacob D. Charles , Brandon L. Garrett |
THE TRAJECTORY OF FEDERAL GUN CRIMES |
170 University of Pennsylvania Law Review 637 (February, 2022) |
Federal gun prosecutions have been a significant part of the federal docket for decades. In this Article, we explore for the first time the evolution of federal gun crimes. They cover conduct ranging from gun distribution and possession of particular weapons such as machine guns to use by drug traffickers and individual possession of firearms by... |
2022 |
| Jessica A. Shoemaker |
THE TRUTH ABOUT PROPERTY |
120 Michigan Law Review 1143 (April, 2022) |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
2022 |
| Vania Blaiklock, Esq. |
THE UNINTENDED CONSEQUENCES OF THE COURT'S RELIGIOUS FREEDOM REVOLUTION: A HISTORY OF WHITE SUPREMACY AND PRIVATE CHRISTIAN CHURCH SCHOOLS |
117 Northwestern University Law Review Online 46 (9/26/2022) |
Abstract--Although private church schools have historically received less attention than charter schools and other private nonsectarian schools in public discourse, in recent years, the Supreme Court's First Amendment jurisprudence has allowed private church schools to make great strides in achieving state funding. At a time where public education... |
2022 |
| Cynthia Godsoe |
THE VICTIM/OFFENDER OVERLAP AND CRIMINAL SYSTEM REFORM |
87 Brooklyn Law Review 1319 (Summer, 2022) |
[N]o one enters violence for the first time by committing it.--Danielle Sered Legal interpretation takes place in a field of pain and death .. Neither [the law] nor the violence it occasions may be properly understood apart from one another.--Robert M. Cover The victim/offender overlap is the link between victimization and the perpetration of... |
2022 |
| Gabriel J. Chin , Sam Chew Chin |
THE WAR AGAINST ASIAN SAILORS AND FISHERS |
69 UCLA Law Review 572 (April, 2022) |
Beginning in the 1880s, maritime unions sought federal legislation to prevent Chinese, Japanese, Filipino, and Asian Indian sailors from serving as crew members on U.S.-flag vessels. The campaign succeeded and mandatory citizenship requirements for crews remain in the U.S. Code to this day. Similarly, federal and state laws limited the ability of... |
2022 |
| Kindaka Sanders |
THE WATCHMAN'S TIME TO KILL: THE RIGHT TO VIGILANTE JUSTICE IN THE JIM CROW SOUTH |
25 Journal of Gender, Race and Justice 355 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 355 A. Vigilante Justice. 363 B. Birth and Background of the 14th Amendment. 375 II. An Uninterrupted History of Un-Protection. 382 A. Federal Betrayal. 383 B. White Supremacy and White Impunity. 384 1. Jim Crow Massacres. 385 2. Jim Crow Lynchings. 388 3. Injustice on the Jury. 390 III. The Fourteenth... |
2022 |
| William J. Aceves |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 115 (Summer, 2022) |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
2022 |
| Prof. Sandra L. Rierson, Melanie H. Schwimmer |
THE WILMINGTON MASSACRE AND COUP OF 1898 AND THE SEARCH FOR RESTORATIVE JUSTICE |
14 Elon Law Review 117 (2022) |
I. Introduction. 118 II. North Carolina's Ethnic Cleansing: The Wilmington Massacre and Coup of 1898. 121 A. The Establishment and Rise of Wilmington. 122 B. Wilmington's Thriving Black Middle Class and the Ephemeral Success of Reconstruction. 124 C. White Backlash and Democrats' Plot to Overthrow the Fusionist Government. 128 D. Death and... |
2022 |
| Martha S. Jones |
THICK WOMEN AND THE THIN NINETEENTH AMENDMENT |
20 Georgetown Journal of Law & Public Policy 1 (Winter, 2022) |
The Nineteenth Amendment's centennial year--2020--got started long before the calendar date arrived. The staging of laser light shows, the design of floats, the organization of speeches and symposia, and the unveiling of monuments in that year required efforts that began long before, all in anticipation of marking 100 years of a Constitution that... |
2022 |
| Frank D. LoMonte , Paola Fiku |
THINKING OUTSIDE THE DOX: THE FIRST AMENDMENT AND THE RIGHT TO DISCLOSE PERSONAL INFORMATION |
91 UMKC Law Review 1 (Fall, 2022) |
During a hard-fought 2021 mayoral race in New York City, an unanticipated issue fixated the attention of local journalists and threatened to derail the frontrunning campaign of Democrat Eric Adams: it was not clear that Adams actually lived in New York. Reporters used publicly available records to sleuth out indicators that Adams' primary residence... |
2022 |
| Gillian R. Chadwick |
TIME'S UP FOR ATTORNEY-CLIENT SEXUAL VIOLENCE |
22 University of Maryland Law Journal of Race, Religion, Gender and Class 76 (Spring, 2022) |
Lawyers have positioned themselves at the helm of litigation and policy reform catalyzed by #MeToo. However, lawyers have catastrophically failed to self-regulate with respect to sexual violence. When confronted with fellow lawyers who have sexually abused and harassed their own clients, the attorney discipline system has fallen short of its... |
2022 |
| Khrystan Nicole Policarpio, Grecia Orozco |
TOGETHER BUT UNEQUAL: HOW THE COVID-19 PANDEMIC EXACERBATED THE INEQUITIES HARMING MINORITY LAW STUDENTS |
55 U.C. Davis Law Review Online 91 (May, 2022) |
C1-2Table of Contents Introduction. 93 I. The Law School Institutional Structure. 95 A. Law School Admissions Have Numerous Structural Hurdles for Minority Law Students. 96 1. LSAT. 96 2. Law School Rankings. 99 B. Law Schools Continue to Uphold White Supremacy in the Classroom. 101 C. Minority Law School Graduates Continue to Face Structural... |
2022 |
| Ben Grunwald |
TOWARD AN OPTIMAL DECARCERATION STRATEGY |
33 Stanford Law and Policy Review 1 (March, 2022) |
With mounting support for dramatic criminal justice reform, the question is no longer whether we should decarcerate American prisons but how. This question is far more complicated than it might seem. We could cut the prison population in half for example, by drastically shortening sentences. Or we could reduce prison admissions. Or we could do... |
2022 |
| Alina Ball |
TRANSACTIONAL COMMUNITY LAWYERING |
94 Temple Law Review 397 (Spring, 2022) |
The racial reckoning during the summer of 2020 presented a renewed call to action for movement lawyers committed to collaborating with mobilized clients to advance racial equity and economic justice. During the last thirty years, community lawyering scholarship has made significant interventions into poverty lawyering and provides the theoretical... |
2022 |
| Rachael Liebert |
TRAUMA AND BLAMEWORTHINESS IN THE CRIMINAL LEGAL SYSTEM |
18 Stanford Journal of Civil Rights & Civil Liberties 225 (May, 2022) |
Violence can result in trauma, but so too can trauma lead to violence. Neuroscience offers an increasingly sophisticated understanding of the biology of behavior, including the nexus between trauma and criminal behavior. Yet the criminal legal system consistently fails to account for the traumatic backgrounds of many people charged with crimes.... |
2022 |
| Todd J. Clark , Caleb Gregory Conrad , André Douglas Pond Cummings , Amy Dunn Johnson |
TRAUMA: COMMUNITY OF COLOR EXPOSURE TO THE CRIMINAL JUSTICE SYSTEM AS AN ADVERSE CHILDHOOD EXPERIENCE |
90 University of Cincinnati Law Review 857 (2022) |
The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (ACEs) represent the single greatest unaddressed public health threat facing our nation today according to Dr.... |
2022 |
| Teri Dobbins Baxter |
TRAUMATIC JUSTICE |
56 University of Richmond Law Review 331 (Winter, 2022) |
In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were... |
2022 |
| C. Scott Holmes , Amelia O'Rourke-Owens |
TRESPASSING ON WHITE SUPREMACY: THE LEGACY OF ESTABLISHMENT WHITE SUPREMACY IN NORTH CAROLINA |
100 North Carolina Law Review Forum 149 (2022) |
White supremacy offers a unifying framework for understanding the legal history of North Carolina, the current legal regime of the state, and the actions of the state in responding to protests demanding redress from that insidious history. We provide a history of the First Reconstruction in the state, the leading role of white lawyers in the... |
2022 |
| Alexis B. Thurston |
TRIAGING LOMAX: AN URGENT PROPOSAL FOR LEGISLATIVE REFORM TO RESTORE JUDICIAL PROTECTION IN AMERICAN PRISONS |
60 Duquesne Law Review 150 (Winter, 2022) |
Remember those in prison as though you were in prison with them, and the mistreated as though you yourselves were suffering bodily.--Hebrews 13:3 I. Introduction. 150 II. Background. 152 A. Tough on Crime: The Birth of the PLRA. 152 B. A Closer Look at the Exhaustion Requirement. 155 C. Risks to Indigent Plaintiffs from the PLRA. 157 D. Lomax's... |
2022 |
| Clare Holtzman |
TRIBAL SOVEREIGNTY AND THE RIGHT TO LIFE |
32 Duke Journal of Comparative & International Law 467 (Spring, 2022) |
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal... |
2022 |
| Ann E. Tweedy |
TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE |
55 U.C. Davis Law Review 2625 (June, 2022) |
We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... |
2022 |
| Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek |
TRUTH AND RECONCILIATION: THE KU KLUX KLAN HEARINGS OF 1871 AND THE GENESIS OF SECTION 1983 |
126 Dickinson Law Review 685 (Spring, 2022) |
Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men--who just six years earlier were enslaved and barred from testifying in Southern courts-- appeared before Congress to tell their... |
2022 |
| Jefferson T. Stamp |
U.S.-MEXICO CROSS-BORDER SHOOTINGS & HERNANDEZ v. MESA (2020): MOVING FROM SEGREGATIONIST SECURITY TO TRANSNATIONAL SECURITY VIA EXTRADITION POLICY |
28 U.C. Davis Journal of International Law and Policy 87 (Spring, 2022) |
One key measure of U.S.-Mexico transnational security over the last twenty years can be found in the area of extradition policy. During the past two decades, the focus has been on increasing extraditions from Mexico to combat drug trafficking. In contrast, when presented with extradition requests for Customs and Border Protection (CBP) officers... |
2022 |
| Rachel J. Wechsler |
VICTIMS AS INSTRUMENTS |
97 Washington Law Review 507 (June, 2022) |
Abstract: Crime victims are often instrumentalized within the criminal legal process in furtherance of state prosecutorial interests. This is a particularly salient issue concerning victims of gender-based violence (GBV) because victim testimony is typically considered essential for successful prosecution of these types of crimes. Since the U.S.... |
2022 |
| Emily R. Larrabee |
VIOLENCE IN THE NAME OF THE CONFEDERACY: AMERICA'S FAILURE TO DEFEAT THE LOST CAUSE |
14 Drexel Law Review 451 (2022) |
Since the immediate aftermath of the American Civil War, the United States has been plagued with its violent consequences. Following the Civil War, there was a rise of neo-Confederate hate groups who preached the Lost Cause ideology. To this day, these groups continue to plague the United States. The failure to invalidate the Lost Cause ideology,... |
2022 |
| L. Joe Dunman |
WARRANT NULLIFICATION |
124 West Virginia Law Review 479 (Winter, 2022) |
Police officers execute thousands of search warrants in the United States every year, often looking for drugs in people's homes. Many search warrants are executed by militarized dynamic entry teams who violently conduct raids late at night with little or no warning, guns drawn. These raids have killed and injured hundreds of people... |
2022 |
| Alexandra L. Raleigh |
WE CAN'T BREATHE: REIMAGINING EQUAL PROTECTION AS A COLLECTIVE RIGHT |
72 Case Western Reserve Law Review 785 (Spring, 2022) |
George Floyd couldn't breathe. We can't either. We live in fear. Fear of walking outside. Wearing a hoodie. Going for a jog. Sleeping in our own home. Existing. Every day, a new hashtag. Every hour, a new injustice. Every second, more pain. We don't deserve to live like this--and we continue to fight until white supremacy no longer permeates every... |
2022 |
| S. Lisa Washington |
WEAPONIZING FEAR |
132 Yale Law Journal Forum 163 (10/17/2022) |
abstract. In a letter dated February 22, 2022, Texas Governor Greg Abbott directed the commissioner of the Texas Department of Family and Protective Services to conduct a prompt and thorough investigation of any reported instances of what he called abusive sex change procedures. Many condemned the weaponizing of the child welfare system against... |
2022 |
| Barry Friedman |
WHAT IS PUBLIC SAFETY? |
102 Boston University Law Review 725 (April, 2022) |
For hundreds of years, political leaders and thinkers have deemed public safety the first duty of government. But they have defined public safety rather narrowly, primarily in terms of the protection function--protecting individuals from violent harm to person or property from third parties (and also from natural elements). As the first duty, the... |
2022 |
| Aziz Z. Huq |
WHAT WE ASK OF LAW |
132 Yale Law Journal 487 (November, 2022) |
A minimal, reasonably uncontroversial demand of any legal system is that it should stabilize a polity against both the chance hazards of ordinary violence and sudden blows of extraordinary, destabilizing misfortune. Law in the contemporary United States, though, has not so far abated the lethal toll of violent crime, the serial mass shootings of... |
2022 |
| Elena Baylis |
WHITE SUPREMACY, POLICE BRUTALITY, AND FAMILY SEPARATION: PREVENTING CRIMES AGAINST HUMANITY WITHIN THE UNITED STATES |
2022 University of Illinois Law Review 1475 (2022) |
The United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, but in fact, there is a real risk of crimes against humanity occurring within the United States. This risk is illustrated by well-known events such as systemic police brutality against Black Americans, the federal family... |
2022 |
| Vida B. Johnson |
WHITE SUPREMACY'S POLICE SIEGE ON THE UNITED STATES CAPITOL |
87 Brooklyn Law Review 557 (Winter, 2022) |
The attack that took place at the nation's Capitol on January 6, 2021, has proven that white supremacy and far-right extremism in policing are some of our country's most dangerous problems. I have previously written about the crisis of white supremacists in law enforcement, and I am not alone. The Federal Bureau of Investigation (FBI) has issued... |
2022 |
| Christian Powell Sundquist |
WHITE VIGILANTISM AND THE RACISM OF RACE-NEUTRALITY |
99 Denver Law Review 763 (Summer, 2022) |
Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This... |
2022 |
| Marissa Jackson Sow |
WHITENESS AS CONTRACT |
78 Washington and Lee Law Review 1803 (2022) |
2020 forced scholars, policymakers, and activists alike to grapple with the impact of twin pandemics--the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities--on American society. As atrocious acts of anti-Black violence and harassment... |
2022 |
| Brandon Hasbrouck |
WHO CAN PROTECT BLACK PROTEST? |
170 University of Pennsylvania Law Review Online 39 (2022) |
Police violence both as the cause of and response to the racial justice protests following George Floyd's murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and... |
2022 |
| Radha Kumar |
WITNESSING VIOLENCE, WITNESSING AS VIOLENCE: POLICE TORTURE AND POWER IN TWENTIETH-CENTURY INDIA |
47 Law and Social Inquiry 946 (August, 2022) |
Police custodial violence was a normal occurrence in the southern Indian province of Madras through the twentieth century, across the colonial and postcolonial periods alike. While governmental authorities attributed torture to individual deviants and the press attributed the practice to a lack of government will in punishing offenders, this... |
2022 |
| H. Timothy Lovelace, Jr. |
XENOPHOBIC CONSPIRACY THEORIES AND THE LONG ROOTS OF JANUARY SIXTH |
85 Law and Contemporary Problems 19 (2022) |
On January 6, 2021, insurrectionists stormed the U.S. Capitol. The insurrectionists supported President Donald Trump's false claims that the 2020 presidential election was stolen through election fraud. One of the central claims underlying what white nationalists called the Stop the Steal campaign was that foreign voting companies manipulated the... |
2022 |
| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
| Dominique Davis |
A 2020 PUBLIC HEALTH CRISIS--BUT NOT THE ONE YOU'RE THINKING OF: WHY GUN VIOLENCE HAS SPIKED DURING THE COVID-19 PANDEMIC & WHAT WE CAN DO ABOUT IT |
19 Seattle Journal for Social Justice 915 (Spring, 2021) |
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2021 |
| Alexander Afnan |
AN ABOLITIONIST VISION: RECLAIMING PUBLIC SAFETY FROM A CULTURE OF VIOLENCE |
28 Virginia Journal of Social Policy and the Law 1 (Spring, 2021) |
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2021 |
| Rachel Sieder |
ANTHROPOLOGICAL CONTRIBUTIONS TO INTERNATIONAL LEGAL APPROACHES TO VIOLENCE AGAINST INDIGENOUS WOMEN |
115 AJIL Unbound 272 (2021) |
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2021 |
| The Honorable Kirk H. Nakamura, The Honorable Deborah C. Servino |
ANTI-ASIAN VIOLENCE IN ORANGE COUNTY: A HISTORICAL PERSPECTIVE |
63-OCT Orange County Lawyer 28 (October, 2021) |
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2021 |
| Monica Ramsy |
BEYOND THE U VISA AND CARCERAL FEMINIST "CRIMMIGRATION": TRANSFORMING THE VAWA SELF-PETITION TO REMEDY SEXUAL VIOLENCE IN IMMIGRATION DETENTION |
45 New York University Review of Law and Social Change 37 (2021) |
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2021 |
| Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
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2021 |