Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Innocent Until Proven Poor (10)
- Criminalization of poverty (5)
- Ferguson (4)
- Race and law (4)
- Bearden v. Georgia (3)
-
- Fees (3)
- Fines (3)
- Poverty (3)
- African Americans (2)
- Criminal justice (2)
- Debtors' prisons (2)
- Law reform (2)
- Minorities (2)
- Reform (2)
- War on Drugs (2)
- Warrants (2)
- ACLU (1)
- ACLU of Ohio (1)
- Access to justice (1)
- Accessibility (1)
- Administrative costs (1)
- Admission of liability (1)
- Alabama v. Shelton (1)
- Algorithms (1)
- Alhambra (1)
- Alternative dispute resolution (1)
- Americans with Disabilities Act (1)
- Argersinger v. Hamlin (1)
- Ashcroft v. Iqbal (1)
- Bail systems (1)
Articles 1 - 16 of 16
Full-Text Articles in Law and Race
The Tyranny Of Small Things, Yxta Maya Murray
The Tyranny Of Small Things, Yxta Maya Murray
Michigan Journal of Race and Law
In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …
Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton
Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton
Michigan Journal of Race and Law
This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer’s and client’s racial sameness impact legal representation. This Article brings together three strands of lawyering theory – the role of race in lawyering, critical race theory, and the role of the lawyer in intra-race legal representation. In doing so, this Article explores a number of provocative questions: Does being the same race as their clients make lawyers better legal representatives? Should lawyers of color embrace or resist race’s …
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Michigan Journal of Race and Law
This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Michigan Journal of Race and Law
Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …
Black Health Matters: Disparities, Community Health, And Interest Convergence, Mary Crossley
Black Health Matters: Disparities, Community Health, And Interest Convergence, Mary Crossley
Michigan Journal of Race and Law
Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories, with only limited progress in narrowing the health gap between whites and racial and ethnic minorities. The implementation of the Affordable Care Act (ACA) and the movement toward value-based payment methods for health care may supply a new avenue for addressing disparities. This Article argues that the ACA’s requirement that tax-exempt …
Foreword: Innocent Until Proven Poor, Sara Zampierin
Foreword: Innocent Until Proven Poor, Sara Zampierin
Michigan Journal of Race and Law
One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.
The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander
The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander
Michigan Journal of Race and Law
The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 million people were …
Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold
Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold
Michigan Journal of Race and Law
At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways that a …
Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani
Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani
Michigan Journal of Race and Law
Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These …
Making A Buck While Making A Difference, Alphonse A. Gerhardstein
Making A Buck While Making A Difference, Alphonse A. Gerhardstein
Michigan Journal of Race and Law
It is not right for children to die before their parents. It is not right for peaceful, unarmed citizens to die at the hands of the police. In my civil rights practice, I have met many mothers, fathers, and family members who are struggling to recover after a law enforcement officer caused the death of their loved one. Sure, they want fair compensation. But money does little to reduce their loss or make the grief more bearable. They often want to do something that will ensure that their loved one did not die in vain. They want to prevent other …
Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith
Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith
Michigan Journal of Race and Law
On August 9, 2014, Michael Brown was shot to death in Ferguson, Missouri, by police officer Darren Wilson. Members of the Ferguson community rose up in response. Protests demanding that police violence against African Americans cease and that accountability for police misconduct be addressed erupted across the country, and they have not subsided since. Incidents in Baltimore, Maryland; Chicago, Illinois; WallerCounty, Texas; and elsewhere have kept the movement alive. The mass media, the political elite, and the White middle class woke up to a reality that had been long known to communities of color – force is used disproportionately against …
Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty
Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty
Michigan Journal of Race and Law
The subject of my talk today is how the criminalization of poverty has become normalized in American culture and why you should care.
The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner
The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner
Michigan Journal of Race and Law
In 2013, the ACLU of Ohio released a report titled The Outskirts of Hope: How Ohio’s Debtors’ Prisons Are Ruining Lives and Costing Communities. The report exposed the blatantly unconstitutional practice in courts across Ohio of jailing people who were too poor to pay their court fines and fees, and along with our ongoing advocacy efforts, resulted in sweeping change across the state. This Essay looks at the destruction modern debtors’ prisons have on individuals, families, and communities and overviews the research, advocacy, and communications tools the ACLU of Ohio has used to successfully combat debtors’ prisons. The goal is …
Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott
Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott
Michigan Journal of Race and Law
Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their …
Keynote Remarks, Vanita Gupta
Keynote Remarks, Vanita Gupta
Michigan Journal of Race and Law
In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society. Because discrimination in so many areas—from the classroom, to the …
How The E-Government Can Save Money By Building Bridges Across The Digital Divide, Alison Rogers
How The E-Government Can Save Money By Building Bridges Across The Digital Divide, Alison Rogers
Michigan Journal of Race and Law
As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient (“LEP”) individuals in cyberspace. The Note suggests reforms, policies, and programs that should be adopted by federal aid recipients to ensure that LEP individuals have meaningful access to online services.