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Full-Text Articles in Law

Defense Counsel And Public Defence, Eve Brensike Primus Nov 2017

Defense Counsel And Public Defence, Eve Brensike Primus

Book Chapters

Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted ...


International Law And Contemporary Slavery: The Long View, Rebecca J. Scott Nov 2017

International Law And Contemporary Slavery: The Long View, Rebecca J. Scott

Michigan Journal of International Law

The three essays in this special issue come together to confirm the value of exploring varying domestic expressions of and adaptations to international legal ideals. In each polity, lawmakers have viewed the terms “slavery” and “slave labor” in part through a domestic historical lens, and have drafted (or failed to draft) legislation accordingly. The United States inherited core concepts dating back to the moment of abolition of chattel slavery, and thus initially built its prohibitions of modern slavery on nineteenth-century rights guarantees and anti-peonage statutes, later reinforced by modern concepts of human trafficking. Having just emerged from a long dictatorship ...


The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr May 2017

The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr

Articles

This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and ...


Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens Mar 2017

Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens

Other Publications

African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the ...


The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman Mar 2017

The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman

University of Michigan Journal of Law Reform

The summer of 2016 showed that racial discrimination in voting is alive and well, as federal courts across the country struck down state statutes that disproportionately disenfranchise minority voters, including voter ID laws, restrictions on early voting, and racially gerrymandered legislative districts. However, at the local level, discriminatory practices in the nation’s approximately 89,000 political subdivisions have gone largely uninvestigated and challenged. Recent conflicts between communities of color and law enforcement have highlighted the failure of local governments in places like Ferguson, Missouri to adequately represent the interests of minority voters. These failures of representation, which occur in ...