Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Race (43)
- Civil Rights and Discrimination (28)
- Criminal Law (17)
- Law Enforcement and Corrections (16)
- Law and Society (15)
-
- Constitutional Law (13)
- Social and Behavioral Sciences (13)
- Criminal Procedure (9)
- Law and Gender (9)
- Arts and Humanities (8)
- Courts (7)
- History (6)
- Criminology and Criminal Justice (5)
- Education (5)
- Law and Politics (5)
- Legal Studies (5)
- Race, Ethnicity and Post-Colonial Studies (5)
- Civil Procedure (4)
- Legal Education (4)
- Legal Profession (4)
- Sociology (4)
- United States History (4)
- Civil Law (3)
- Education Law (3)
- Fourteenth Amendment (3)
- Judges (3)
- Law and Economics (3)
- Legal History (3)
- Legal Writing and Research (3)
- Institution
-
- Northwestern Pritzker School of Law (8)
- University of Tennessee College of Law (8)
- Roger Williams University (5)
- Boston University School of Law (4)
- Maurer School of Law: Indiana University (4)
-
- American University Washington College of Law (3)
- Selected Works (3)
- University of Richmond (3)
- Ouachita Baptist University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- Washington University in St. Louis (2)
- AccessLex (1)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Georgia State University College of Law (1)
- Illinois Math and Science Academy (1)
- Loyola University Chicago, School of Law (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- Northern Illinois University (1)
- San Jose State University (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- US Army War College (1)
- University at Albany, State University of New York (1)
- Publication
-
- Faculty Scholarship (6)
- Northwestern University Law Review (6)
- Scholarly Works (5)
- College of Law Faculty Scholarship (4)
- Articles in Law Reviews & Other Academic Journals (3)
-
- Indiana Law Journal (3)
- Life of the Law School (1993- ) (3)
- University of Richmond Law Review (3)
- All Faculty Scholarship (2)
- History Class Publications (2)
- Publications (2)
- Scholarship@WashULaw (2)
- Thomas W. Mitchell (2)
- AccessLex Institute Research (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Faculty Publications (1)
- Faculty Publications & Other Works (1)
- Georgia State University Law Review (1)
- Global Honors Theses (1)
- Honors Undergraduate Theses (1)
- Journal Articles (1)
- Journal of Civil Rights and Economic Development (1)
- Journal of Criminal Law and Criminology (1)
- Journal of Feminist Scholarship (1)
- Law Faculty Articles and Essays (1)
- Law School Blogs (1)
- Lisa A. Rich (1)
- Marquette Benefits and Social Welfare Law Review (1)
- Mitchell Hamline Law Review (1)
- Publication Type
Articles 61 - 73 of 73
Full-Text Articles in Law
Bias In, Bias Out, Sandra G. Mayson
Bias In, Bias Out, Sandra G. Mayson
All Faculty Scholarship
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.
This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies …
Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell
Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell
Articles by Maurer Faculty
The well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.
The construction of African-American men as symbolic assailants is one of the most important factors characterizing police …
Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara
Marquette Benefits and Social Welfare Law Review
America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of assimilation and how failure to assimilate may make these womyn targets in their work environments. This comment will also compare the handling of employment discrimination under Title VII and Wisconsin law and determine whether Wisconsin law in practice actually affords queer womyn of color more …
Assessing Dangerousness Amidst Racial Stereotypes: An Analysis Of The Role Of Racial Bias In Bond Decisions And Ideas For Reform, Lydette S. Assefa
Assessing Dangerousness Amidst Racial Stereotypes: An Analysis Of The Role Of Racial Bias In Bond Decisions And Ideas For Reform, Lydette S. Assefa
Journal of Criminal Law and Criminology
The problems of mass incarceration in the United States and its burdens on the economic and social well-being of local communities, counties, and states have received increased attention and have spurred conversations on prison and jail reform. More recently, reform efforts have appropriately focused on the bond system and the role of pretrial detention in fueling jail and prison overcrowding. The bond process presents a unique opportunity for reform because defendants at this stage are presumed innocent and, as the Supreme Court has affirmed, these defendants possess fundamental rights to liberty and a presumption towards pretrial release. Yet jurisdictions, such …
Hope [Reviews], Wendy A. Bach
Critical Race Ip, Anjali Vats, Deidre A. Keller
Critical Race Ip, Anjali Vats, Deidre A. Keller
Articles
In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …
Navigating Law Librarianship While Black A Week In The Life Of A Black Female Law Librarian, Shamika Dalton
Navigating Law Librarianship While Black A Week In The Life Of A Black Female Law Librarian, Shamika Dalton
Scholarly Works
No abstract provided.
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Publications
It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …
Police, Race, And The Production Of Capital Homicides, Jeffrey A. Fagan, Amanda Geller
Police, Race, And The Production Of Capital Homicides, Jeffrey A. Fagan, Amanda Geller
Faculty Scholarship
Racial disparities in capital punishment have been well documented for decades. Over 50 studies have shown that Black defendants more likely than their white counterparts to be charged with capital-eligible crimes, to be convicted and sentenced to death. Racial disparities in charging and sentencing in capital-eligible homicides are the largest for the small number of cases where black defendants murder white victims compared to within-race killings, or where whites murder black or other ethnic minority victims. These patterns are robust to rich controls for non-racial characteristics and state sentencing guidelines. This article backs up the research on racial disparities to …
Rethinking The Boundaries Of “Criminal Justice", Benjamin Levin
Rethinking The Boundaries Of “Criminal Justice", Benjamin Levin
Scholarship@WashULaw
This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique. Specifically, I trace two themes in the book: (1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and (2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement. I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Scholarship@WashULaw
It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …
Racial Character Evidence In Police Killing Cases, Jasmine Gonzales Rose
Racial Character Evidence In Police Killing Cases, Jasmine Gonzales Rose
Faculty Scholarship
The United States is facing a twofold crisis: police killings of people of color and unaccountability for these killings in the criminal justice system. In many instances, the officers’ use of deadly force is captured on video and often appears clearly unjustified, but grand and petit juries still fail to indict and convict, leaving many baffled. This Article provides an explanation for these failures: juror reliance on “racial character evidence.” Too often, jurors consider race as evidence in criminal trials, particularly in police killing cases where the victim was a person of color. Instead of focusing on admissible evidence, jurors …
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …