Law and Race Commons^™

A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline M. Corbin

UC Irvine Law Review

A majority of state legislatures have introduced bills prohibiting public schools from teaching certain “divisive concepts” attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white privilege and especially its companion, white fragility.

After providing a primer on critical race theory, Part I explains how the state bans profoundly misunderstand critical race theory, which focuses on how systems and institutions reproduce racial inequality. These bans, however, assume that racism is individual, intentional, and rare, and that …

Progressive Algorithms, Itay Ravid, Amit Haim

UC Irvine Law Review

Our criminal justice system is broken. Problems of mass incarceration, racial disparities, and susceptibility to error are prevalent in all phases of the criminal process. Recently, two dominant trends that aspire to tackle these fundamental problems have emerged in the criminal justice system: progressive prosecution—a model of prosecution adopted by elected reform-minded prosecutors that advance systemic change in criminal justice—and algorithmic decision-making—characterized by the adoption of statistical modeling and computational methodology to predict outcomes in criminal contexts.

While there are growing bodies of literature on each of these two trends, thus far, they have not been discussed in tandem. This …

Letting The Cat Out Of The Bag: How Lack Of Access To Animal Companionship And Husbandry Fosters Inequality For Black Americans, Kelsey Goldman

UC Irvine Law Review

Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and husbandry. Racism and capitalism in America have resulted in a confusing labyrinth of private actors, animal organizations, corporate industries, courts, and legislators who have worked collectively to cut off opportunities for Black Americans to benefit from animal companionship and husbandry.

In Part I, this Note …

Negotiations In Juvenile Dependency: Addressing Power, Race, And Class Inequities, Akila Shenoy

UC Irvine Law Review

A primary goal of the juvenile-dependency system is the preservation of the family, yet this goal is undermined by the gross disparity in bargaining power that exists between parties and that disproportionately affects poor families of color. This Note argues that the systemic power imbalance within the dependency system that disadvantages parents and is exacerbated by racial and class bias can be ameliorated by incorporating objective criteria into proceedings, moving from an adversarial to problem-solving approach in negotiations, requiring cultural competency that acknowledges disproportionality and its sources, and expanding access to mediation. This Note proceeds in five parts. Part I …

Reimagining American Policing, Tom Tyler

UC Irvine Law Review

Current efforts at police reform focus on heightening the legal accountability of police officers when they engage in questionable behavior. While valuable, such reforms do not address the underlying problems in police organizations that lead to problems with the use of force. This paper highlights the desirability of shifting from a warrior culture, one built around gaining compliance through the threat or use of force, to a guardian- or service-oriented culture, one focused on gaining acceptance by building trust and confidence among people in the community. Beyond changing the dynamics of authority in police-civilian encounters, this new model of policing …

Suspicion And Discretion In Policing: How Laws And Policies Contribute To Inequity, Amanda Charbonneau, Jack Glaser

UC Irvine Law Review

No abstract provided.

Investing In Alternatives: Three Logics Of Criminal System Replacement, Monica C. Bell, Katherine Beckett, Forrest Stuart

UC Irvine Law Review

What logics underlie the call to “defund the police,” and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement’s call to “defund the police” captured the national imagination. Several municipal governments promised to cut funding and contracts for their respective police departments, with mixed results. Because we expect police defunding and reinvestment to remain a central movement demand, this Article explores the demand’s discursive and normative terrain. It does so by …

State Regulation Of Policing: Post Commissions And Police Accountability, Hilary Rau, Kim S. Buchanan, Monique L. Dixon, Phillip A. Goff

UC Irvine Law Review

This Article examines the untapped potential of Peace Officer Standards and Training (POST) commissions to protect communities that experience police misconduct and discrimination. POST commissions, which are created by state laws and exist in all fifty states, have broad authority to regulate police officers and police departments. POST commissions determine eligibility and qualifications for police employment and regulate the content of training officers receive. Most POST commissions can also revoke certification of officers who commit serious misconduct or fail to meet continuing eligibility requirements set by the commissions. In some states, they can also impose statewide, compulsory reforms to policing …

Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales

UC Irvine Law Review

This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an “open borders” approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration reform efforts. In applying abolition theory to the immigration legal system, this Note uses a framework of three tenets of prison abolition. First, the assumptions upon which our current system of immigration enforcement is based, such as public safety and economic justifications, are open to …

What Has Twenty-Five Years Of Racial Gerrymandering Doctrine Achieved?, Michael J. Pitts

UC Irvine Law Review

In 1993, Shaw v. Reno created a doctrine of racial gerrymandering that has now been in existence for twenty-five years. This Article examines the doctrine’s impact over that time—whether it has achieved the goals the Court set out for the doctrine in Shaw and whether it has had other consequences. This Article examines the doctrine’s impact through the lens of the place where the doctrine first took root and has been most heavily litigated over the last twenty-five years—North Carolina’s congressional districts. This Article also draws upon the existing empirical literature in its assessment of the doctrine’s impact. In so …

The Fiscal Savings Of Accessing The Right To Legal Counsel Within Twenty-Four Hours Of Arrest: Chicago And Cook County, 2013, Bryan L. Sykes, Eliza Solowiej, Evelyn J. Patterson

UC Irvine Law Review

No abstract provided.

Race, Prison Discipline, And The Law, Andrea C. Armstrong

UC Irvine Law Review

No abstract provided.

Foreword: Criminal Justice For Those (Still) At The Margins—Addressing Hidden Forms Of Bias And The Politics Of Which Lives Matter, Mario L. Barnes

UC Irvine Law Review

No abstract provided.

Police Encounters With Race And Gender, Eric J. Miller

UC Irvine Law Review

No abstract provided.

Collateral Damage: A Public Housing Consequence Of The “War On Drugs”, Lahny R. Silva

UC Irvine Law Review

No abstract provided.

A New Approach To Voir Dire On Racial Bias, Cynthia Lee

UC Irvine Law Review

No abstract provided.

“A Spectacle Of Slavery Unwilling To Die”: Curbing Reliance On Racial Stereotyping In Self-Defense Cases, Jonathan Markovitz

UC Irvine Law Review

No abstract provided.

Afterword: Criminal Justice And The Problem Of Institutionalized Bias—Comments On Theory And Remedial Action, Mona Lynch

UC Irvine Law Review

No abstract provided.

Policing Wage Theft In The Day Labor Market, Stephen Lee

UC Irvine Law Review

No abstract provided.

Hargrave’S Nightmare And Taney’S Dream, Michael Meranze

UC Irvine Law Review

No abstract provided.

Law As Temporality: Colonial Politics And Indian Settlers, Renisa Mawani

UC Irvine Law Review

No abstract provided.

Standing On Shaky Ground: Criminal Jurisdiction And Ecclesiastical Immunity In Seventeenth-Century Lima, 1600–1700, Michelle A. Mckinley

UC Irvine Law Review

No abstract provided.

Property, Law, And Race: Modes Of Abstraction, Brenna Bhandar

UC Irvine Law Review

No abstract provided.

Foreword: Reigniting Community: Strengthening The Asian Pacific American Identity, Denny Chan, Jennifer Chin, James Yoon

UC Irvine Law Review

No abstract provided.

An Invisibility Cloak: The Model Minority Myth And Unauthorized Asian Immigrants, Denny Chan

UC Irvine Law Review

No abstract provided.

The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman

UC Irvine Law Review

No abstract provided.

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

UC Irvine Law Review

No abstract provided.

Reconceptualizing Asian Pacific American Identity At The Margins, Julian Lim

UC Irvine Law Review

No abstract provided.

“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang

UC Irvine Law Review

No abstract provided.

Critical Ethnic Legal Histories: Unearthing The Interracial Justice Of Filipino American Agricultural Labor Organizing, Marc-Tizoc González

UC Irvine Law Review

No abstract provided.