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Articles 1 - 30 of 62
Full-Text Articles in Entire DC Network
Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene
American University Journal of Gender, Social Policy & the Law
The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: In 1743, a group of enslaved Africans from various estates in French colonial New Orleans gathered, held a musical ceremony sung in their native language, and discussed the actions and fate of a slaveholder named Corbin. Earlier, Corbin had threatened to shoot one of the enslaved Africans in this group, and Corbin’s brother then actually shot that person with a gun loaded with salt. Now, as the group of Africans gathered, they determined that Corbin had to die. Two months later, Corbin disappeared and was never found.
If we use a traditional (Western) legal framework to describe this …
Are We Still Not Saved? Race, Democracy, And Educational Inequality, Lia Epperson
Are We Still Not Saved? Race, Democracy, And Educational Inequality, Lia Epperson
Articles in Law Reviews & Other Academic Journals
Thirty-four years ago, in his seminal book, "And We Are Not Saved: The Elusive Quest for Racial Justice," Derrick Bell provided a critical view of American history and constitutional jurisprudence to illustrate the challenges the United States faces in reaching true equality. In his enlightened observations about the structure of our republic, Bell refers to “the American contradiction.” To see true progress toward meaningful equality, he contends, we must reckon with the challenging truth of our history—that we are a nation founded on this “constitutional contradiction”... In his work, Professor Bell argued that this American contradiction, “shrouded by myth,” serves …
Surveillance And The Tyrant Test, Andrew Guthrie Ferguson
Surveillance And The Tyrant Test, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
How should society respond to police surveillance technologies? This question has been at the center of national debates around facial recog- nition, predictive policing, and digital tracking technologies. It is a debate that has divided activists, law enforcement officials, and academ- ics and will be a central question for years to come as police surveillance technology grows in scale and scope. Do you trust police to use the tech- nology without regulation? Do you ban surveillance technology as a manifestation of discriminatory carceral power that cannot be reformed? Can you regulate police surveillance with a combination of technocratic rules, policies, …
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo, or identifying every person who walks past a digital camera, the privacy and security impacts of facial recognition are profound and troubling.
This Article explores the constitutional design problem at the heart of facial recognition surveillance systems. One might hope that the Fourth Amendment – designed to restrain police power and enacted to limit governmental overreach – would have something to say …
Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty
Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty
American University Law Review
No abstract provided.
#Livingwhileblack: Blackness As Nuisance, Taja-Nia Y. Henderson, Jamila Jefferson-Jones
#Livingwhileblack: Blackness As Nuisance, Taja-Nia Y. Henderson, Jamila Jefferson-Jones
American University Law Review
No abstract provided.
Erasing Race, Llezlie Green
Erasing Race, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hwur exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader antisubordination …
There Isn't Any Dumpster, Jill C. Engle
There Isn't Any Dumpster, Jill C. Engle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
The Reasonable Black Child: Race, Adolescence, And The Fourth Amendment, Kristin N. Henning
The Reasonable Black Child: Race, Adolescence, And The Fourth Amendment, Kristin N. Henning
American University Law Review
No abstract provided.
The Federal Death Penalty, Trumpism, And Civil Rights Enforcement, Richard Broughton
The Federal Death Penalty, Trumpism, And Civil Rights Enforcement, Richard Broughton
American University Law Review
No abstract provided.
Adea Disparate-Impact Claims: How The Third Circuit Age-Proofed Comparators, Stephanie Vilella
Adea Disparate-Impact Claims: How The Third Circuit Age-Proofed Comparators, Stephanie Vilella
American University Business Law Review
No abstract provided.
To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock
To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock
American University Business Law Review
No abstract provided.
The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams
The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams
American University Law Review
No abstract provided.
Blog: Reducing Racial Bias In Capital Jury Selection By Eliminating Peremptory Challences, Kaitlin Bigger
Blog: Reducing Racial Bias In Capital Jury Selection By Eliminating Peremptory Challences, Kaitlin Bigger
The Modern American
No abstract provided.
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
Contributions to Books
No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Articles in Law Reviews & Other Academic Journals
he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
American University Law Review
No abstract provided.
Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney
Criminal Law Practitioner
No abstract provided.
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul
The Modern American
No abstract provided.
Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt
Criminal Law Practitioner
No abstract provided.
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Articles in Law Reviews & Other Academic Journals
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Legislation and Policy Brief
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
No abstract provided.
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gimme Some More: Centering Gender And Inequality In Criminal Justice And Discretion Discourse, Shaun Ossei-Owusu
Gimme Some More: Centering Gender And Inequality In Criminal Justice And Discretion Discourse, Shaun Ossei-Owusu
American University Journal of Gender, Social Policy & the Law
No abstract provided.