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Articles 1 - 4 of 4
Full-Text Articles in Law
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Michigan Journal of Race and Law
“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg Carr
Carceral Intent, Danielle C. Jefferis
Carceral Intent, Danielle C. Jefferis
Michigan Journal of Race and Law
For decades, scholars across disciplines have examined the stark injustice of American carceralism. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the state’s power to incarcerate. These intent requirements include the “deliberate indifference” standard of the Eighth Amendment, which regulates prison conditions, and the “punitive intent” standard of due process jurisprudence, which regulates the scope of confinement.
This Article coins the term “carceral intent” to refer collectively to those legal intent requirements and examines critically the role of carceral intent in shaping and maintaining the deep-rooted structural racism and …
Abusing Discretion: The Battle For Childhood In Schools, Hannah Dodson
Abusing Discretion: The Battle For Childhood In Schools, Hannah Dodson
Michigan Journal of Race and Law
For too many children the schoolhouse doors become a point of entry into the criminal justice system. Children of color are the most likely to suffer from this phenomenon. The presence of policing in schools is a key contributor to this “school-to-prison pipeline.” This Note argues that broad, discretionary mandates for school resource officers (SROs) promote biased law enforcement that impacts Black girls in different and specific ways. I contend that SRO mandates can be effectively limited by strategically bolstering community organizing efforts with impact litigation.
Keeping Counsel: Challenging Immigration Detention Transfers As A Violation Of The Right To Retained Counsel, Natasha Phillips
Keeping Counsel: Challenging Immigration Detention Transfers As A Violation Of The Right To Retained Counsel, Natasha Phillips
Michigan Journal of Race and Law
In 2019 U.S. Immigration and Customs Enforcement (“ICE”) incarcerated nearly 500,000 individuals. More than half of the individuals detained by ICE were transferred between detention facilities, and roughly thirty percent of those transferred were moved between federal circuit court jurisdictions. Detention transfers are isolating, bewildering, and scary for the detained noncitizen and their family. They can devastate the noncitizen’s legal defense by destroying an existing attorney-client relationship or the noncitizen’s ability to obtain representation. Transfers also obstruct the noncitizen’s ability to gather evidence and may prejudicially change governing case law. This Note describes the legal framework for transfers and their …