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Articles 1 - 23 of 23
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Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Law Faculty Scholarship
[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …
From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump
Washington Law Review
A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …
Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse
Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse
Washington and Lee Law Review
No abstract provided.
"Hell Man, They Did Invent Us:" The Mass Media, Law, And African Americans, Adeno Addis
"Hell Man, They Did Invent Us:" The Mass Media, Law, And African Americans, Adeno Addis
Buffalo Law Review
No abstract provided.
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
Indiana Law Journal
No abstract provided.
Defending The Poor, Bennett L. Gershman
Defending The Poor, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
University of Richmond Law Review
The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Cleveland State Law Review
This review of §1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court §1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court §1983 litigation, and the Supreme Court has begun to pay greater attention to state court §1983 cases. Nonetheless, most §1983 materials focus on the federal courts. Moreover, the few works addressing litigation of §1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by …
Face At The Bottom Of The Well (Book Review), Willy E. Rice
Face At The Bottom Of The Well (Book Review), Willy E. Rice
Faculty Articles
No abstract provided.
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
University of Richmond Law Review
The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …
Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth
Targeting Conduct: A Constitutional Method Of Penalizing Hate Crimes, Kevin N. Ainsworth
Fordham Urban Law Journal
Forty-three states have enacted hate-crime statutes. These laws generally fall into one of two classes, either hate-speech or penalty-enhancement statutes. The former has sought to control virulent expression by punishing the utterance or display of words or symbols that the user knows will arouse anger in others on the basis of race, color, religion, gender, or some other immutable characteristic. The United States Supreme Court examined an ordinance of this type in R.A.V. v. City of St. Paul and found that the law infringed on the First Amendment right to free speech. Penalty enhancement statutes vary slightly among states, but …
A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg
A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
All Faculty Scholarship
hate crimes, criminal liability
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman
Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Articles & Chapters
No abstract provided.
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Faculty Publications
No abstract provided.
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
Articles
While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …
Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn
Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn
UF Law Faculty Publications
This Article addresses the Supreme Court's application of the Equal Protection Clause to the selection of juries in criminal trials. Focusing on Black-white relations, it takes the position that efforts to eliminate racial discrimination in jury selection are successful only to the extent that they also eliminate the result of the discrimination- racial subjugation of Blacks through the criminal justice process. By this measure, the Supreme Court's recent jury selection cases are an abject failure.
The Australian Reluctance About Rights, Hilary Charlesworth
The Australian Reluctance About Rights, Hilary Charlesworth
Osgoode Hall Law Journal
This article examines the way in which the Australian legal system protects human rights. It discusses the paucity of constitutionally protected rights and the failure of various attempts made to amend the Constitution in this respect. The paper looks at the inadequacy of the Australian common law and legislation in the protection of rights. It argues that the politics of both federalism and legalism have produced a culture wary of rights discourse. The paper concludes by considering how the Australian protection of rights can be improved and suggests that one way ahead would be to introduce an Australian charter of …
When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy
When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy
Georgetown Law Faculty Publications and Other Works
The aging of the persons leading the civil rights movement is only a metaphor for a more serious aging process that afflicts the movement. It is a sclerotic condition that has kept an old agenda and once-prodding - but now increasingly intolerant - ideas in place, a fixed way of thinking that has become more strident and resistant to change as it has become more complacent with itself. Once the opponent of conformity, some parts of the civil rights community now preach conformity within their communities. I see these not as indices of the venality of the civil rights movement, …
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
Angela P Harris
No abstract provided.
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz
Marjorie M. Shultz
No abstract provided.