Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Criminal law (2)
- Policing (2)
- Criminal procedure (2)
- Race (2)
- Jurisprudence (1)
-
- ACCA (1)
- Mass incarceration (1)
- Racial discrimination (1)
- Cultural property (1)
- Criminal adjudication (1)
- Guns (1)
- Self-determination (1)
- Facially neutral (1)
- Mandatory minimum sentencing (1)
- Segregation (1)
- Equal protection (1)
- First Amendment (1)
- American Indians (1)
- Constitutional law (1)
- Criminal justice reform (1)
- Intangible property (1)
- Progressives (1)
- Indian lands (1)
- Discriminatory intent (1)
- Intellectual property (1)
- Dispossession (1)
- Fifth Amendment (1)
- Possession crimes (1)
- Judicial politics (1)
- Legal history (1)
Articles 1 - 4 of 4
Full-Text Articles in Law and Race
Guns And Drugs, Benjamin Levin
Guns And Drugs, Benjamin Levin
Articles
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass ...
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Articles
No abstract provided.
Response, Values And Assumptions In Criminal Adjudication, Benjamin Levin
Response, Values And Assumptions In Criminal Adjudication, Benjamin Levin
Articles
This Response to Andrew Manuel Crespo's Systemic Facts: Toward Institutional Awareness in Criminal Courts proceeds in two Parts. In Part I, I argue that Crespo presents a compelling case for the importance of systemic factfinding to the task of criminal court judges. If, as a range of scholars has argued, criminal courts are increasingly serving a quasi-administrative function, then shouldn’t they at least be administrating accurately? Systemic Facts provides a novel account of how — with comparatively little institutional reform — courts might begin to serve as more effective administrators. However, in Part II, I also argue that Crespo’s ...
Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter
Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter
Articles
In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make contemporary headlines, American Indians often experience these claims within a historical and continuing experience of dispossession. For hundreds of years, the U.S. legal system has sanctioned the taking and destruction of Indian lands, artifacts, bodies, religions, identities, and beliefs, all toward the project of conquest and ...