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Full-Text Articles in Law
The Never Ending Tale: Racism And Inequality In The Era Of Broken Windows, Jonathan Oberman, Kendra Johnson
The Never Ending Tale: Racism And Inequality In The Era Of Broken Windows, Jonathan Oberman, Kendra Johnson
Articles
No abstract provided.
Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus
Culture As A Structural Problem In Indigent Defense, Eve Brensike Primus
Articles
In Part I, I will describe the ways in which today's right-to-counsel challenges are similar to and different from those that faced the writers of the 1961 symposium. I will also explain in more detail why the structural conditions of criminal defense work to create (and, to some extent, always have created) a cultural problem in indigent defense delivery systems across the country. In Part II, I will discuss why I believe that we are, once again, facing a moment for potential reform, albeit reform that is different in scope and kind from that which was possible in the 1960s. …
Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles
Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles
Articles
In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is the culmination of decades of significant income and wealth gains for the top, combined with stagnant or decreasing growth for the majority - a trend that continues apace. But nowhere is the gap more glaring than in the civil docket, where class actions brought by or on behalf of low-income consumers and employees are on the verge of disappearing.
To be sure, the decline in class actions is only …
Broken Windows: Restoring Social Order Or Damaging And Depleting New York’S Poor Communities Of Color?, Jonathan Oberman, Kendra Johnson
Broken Windows: Restoring Social Order Or Damaging And Depleting New York’S Poor Communities Of Color?, Jonathan Oberman, Kendra Johnson
Articles
No abstract provided.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Articles
As part of a symposium marking the sesquicentennial of the Thirteenth Amendment, this Article briefly explores whether the Thirteenth Amendment applies to class-based subordination. While recognizing that the increasingly rigid class-based stratification of our society, rampant discrimination against the poor, increasing income inequality, and the concentration of enormous wealth in the hands of so few are all pressing social challenges that the legal system must address, this Article concludes that generalized class-based discrimination likely would not fall within the scope of the “badges and incidents of slavery” that the Amendment prohibits.
This Article argues, however, that the Thirteenth Amendment's prohibition …