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Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman Jul 2021

Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman

Articles

This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality and the vestiges of discrimination, courts have been reticent to use the tools at their disposal to adopt proactive remedial approaches to address these disparities. This piece uses two examples from Judge Roger Gregory’s jurisprudence to illustrate how an antiracist approach to judicial remedies might work.


Partnering For Change: Lawyer-Leadership In The Manhattan Da's Office, Davis Polk Leadership Initiative Jun 2021

Partnering For Change: Lawyer-Leadership In The Manhattan Da's Office, Davis Polk Leadership Initiative

Davis Polk Leadership Initiative

In April 2021, the Manhattan DA’s Office announced that it would stop prosecuting theoffenses of prostitution and loitering for the purpose of prostitution. The Office shifted itspolicy, the first of its kind in New York State and one of the first in the nation, in an effort tominimize contact with the criminal justice system and the adverse consequences of arrest andconviction for these offenses. The Office promptly moved to dismiss nearly 6,000 pendingcases.

The policy shift was years in the making — the result of careful exploration of alternatives incollaboration with affected communities in the face of strong competing values …