| Author | Title | Citation | Summary | Year |
| 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) |
|
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) |
|
2021 |
| Rachel Sieder |
ANTHROPOLOGICAL CONTRIBUTIONS TO INTERNATIONAL LEGAL APPROACHES TO VIOLENCE AGAINST INDIGENOUS WOMEN |
115 AJIL Unbound 272 (2021) |
|
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) |
|
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) |
|
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) |
|
2021 |
| Fahim A. Gulamali |
CIRCUMSCRIBING THE RIGHT TO BEAR ARMS: THE SECOND AMENDMENT, GUN VIOLENCE, AND GUN CONTROL IN CALIFORNIA AND MISSISSIPPI |
28 University of Miami International and Comparative Law Review 405 (Spring, 2021) |
|
2021 |
| Corynn Wilson |
DOMESTIC TERRORISM SHOULD BE A CRIME: FIGHTING WHITE SUPREMACIST VIOLENCE LIKE CONGRESS FOUGHT "ANIMAL ENTERPRISE TERRORISM" |
58 Houston Law Review 749 (Winter, 2021) |
|
2021 |
| Sumaya H. Bouadi |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
33 Yale Journal of Law & Feminism 169 (2021) |
|
2021 |
| Dr. Donald F. Tibbs |
FROM TIKTOK TO RACIAL VIOLENCE: ANTI-BLACKNESS IN THE GENDERED SPHERE |
33 Saint Thomas Law Review 198 (Spring, 2021) |
|
2021 |
| Joerika Stitt |
GUN VIOLENCE AND DE FACTO SEGREGATION: COULD ENVIRONMENTAL DISCRIMINATION BE FUELING CHICAGO'S SOARING GUN VIOLENCE? |
11 Wake Forest Journal of Law and Policy 395 (2021) |
|
2021 |
| Peggy Cooper Davis , Zachary Mason |
HIDDEN VOICES: REIMAGINING RACIAL VIOLENCE |
44 Harvard Journal of Law & Gender 217 (Spring, 2021) |
|
2021 |
| Maya Itah |
HOW THE GUN CONTROL ACT DISARMS BLACK FIREARM OWNERS |
96 Washington Law Review 1191 (October, 2021) |
|
2021 |
| Mike German |
LEARNING FROM OUR MISTAKES: HOW NOT TO CONFRONT WHITE SUPREMACIST VIOLENCE |
12 Journal of National Security Law & Policy 169 (2021) |
|
2021 |
| Nina Ciffolillo |
LEGAL BARRIERS TO TRIBAL JURISDICTION OVER VIOLENCE AGAINST WOMEN IN MAINE: DEVELOPMENTS AND PATHS FORWARD |
73 Maine Law Review 351 (2021) |
|
2021 |
| Valena E. Beety |
LEGAL SUPPORT FOR VICTIM COMPENSATION FUNDS FOR POLICE VIOLENCE VICTIMS |
21 Nevada Law Journal 953 (Spring, 2021) |
|
2021 |
| Ana Condes |
MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN |
116 Northwestern University Law Review 515 (2021) |
|
2021 |
| J. Thomas Sullivan |
MASS SHOOTINGS, MENTAL "ILLNESS," AND TARASOFF |
82 University of Pittsburgh Law Review 685 (Summer, 2021) |
|
2021 |
| Colleen Campbell |
MEDICAL VIOLENCE, OBSTETRIC RACISM, AND THE LIMITS OF INFORMED CONSENT FOR BLACK WOMEN |
26 Michigan Journal of Race and Law 47 (Winter, 2021) |
|
2021 |
| Joseph Blocher, Samuel W. Buell, Jacob D. Charles, Darrell A.H. Miller |
POINTING GUNS |
99 Texas Law Review 1173 (May, 2021) |
|
2021 |
| Bret Matthew |
RESPONSIBLE GUNMAKERS: HOW A NEW THEORY OF FIREARM INDUSTRY LIABILITY COULD OFFER JUSTICE FOR MASS SHOOTING VICTIMS |
54 Suffolk University Law Review 401 (2021) |
|
2021 |
| Shawn “Pepper” Roussel |
THE CARROT IS THE STICK: FOOD AS A WEAPON OF SYSTEMIC OPPRESSION FOR BLACK CONSUMERS AND THE DISENFRANCHISEMENT OF BLACK FARMERS |
36 Journal of Environmental Law & Litigation 129 (2021) |
|
2021 |
| Mark Anthony Frassetto |
THE NONRACIST AND ANTIRACIST HISTORY OF FIREARMS PUBLIC CARRY REGULATION |
74 SMU Law Review Forum 169 (October, 2021) |
|
2021 |
| David G. Maxted |
THE QUALIFIED IMMUNITY LITIGATION MACHINE: EVISCERATING THE ANTI-RACIST HEART OF § 1983, WEAPONIZING INTERLOCUTORY APPEAL, AND THE ROUTINE OF POLICE VIOLENCE AGAINST BLACK LIVES |
98 Denver Law Review 629 (Spring, 2021) |
|
2021 |
| Lindsey Webb |
TRUE CRIME AND DANGER NARRATIVES: REFLECTIONS ON STORIES OF VIOLENCE, RACE, AND (IN)JUSTICE |
24 Journal of Gender, Race and Justice 131 (Spring, 2021) |
|
2021 |
| Amy F. Kimpel |
VIOLENT VIDEOS: CRIMINAL DEFENSE IN A DIGITAL AGE |
37 Georgia State University Law Review 305 (Winter, 2021) |
|
2021 |