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Criminal Law Commons

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Full-Text Articles in Criminal Law

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender Jan 2024

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …


Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …


Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile May 2015

Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile

Fordham Law Review

Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members captured on film singing a racist lynching song; race exploded into the nation’s collective consciousness. Even the Starbucks Coffee chain’s recent “Race Together” campaign, intended to promote discussion about race, sparked a controversy and was quickly withdrawn. These and other events have …


Police Racial Violence: Lessons From Social Psychology, L. Song Richardson May 2015

Police Racial Violence: Lessons From Social Psychology, L. Song Richardson

Fordham Law Review

The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island, New York; John Crawford III in Beavercreek, Ohio; Ezell Ford in Los Angeles, California; Dante Parker in San Bernardino County, California; and Vonderrit D. Myers Jr. in St. Louis, Missouri. Data reported to the FBI indicate that white police officers killed black citizens almost twice a …


When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock May 2015

When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock

Fordham Law Review

In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case represented a marked shift from prior BIA decisions, which for fifteen years had interpreted sections 208(a) and 241(b)(3) of the Immigration and Naturalization Act more narrowly, thus excluding claims of home country abuse as reasonable grounds to grant asylum. Specifically, …


Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes May 2015

Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes

Fordham Law Review

Perhaps, not surprisingly, the controversy over the rise of self-defense reforms in the United States that have come to be known as ―Stand Your Ground‖ (SYG) laws, began with a story about colors. This Article principally applies an empirical method and critical race theory (eCRT) lens to explore whether these reformed statutes, which generally have authorized greater use of force within the context of self-defense, deter crime and differentially affect Whites, Blacks, and other racial groups.


When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber May 2015

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Fordham Law Review

Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …