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Full-Text Articles in Law and Race

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie Nov 2020

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie

Michigan Law Review

In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates …


Challenges And Opportunities: Intersectional Leadership In Law Schools, Sudha Setty Jan 2020

Challenges And Opportunities: Intersectional Leadership In Law Schools, Sudha Setty

Faculty Scholarship

In 2019, the Author organized with Maria Isabel Medina and participated as a panelist in the Roundtable on Intersectionality and Strengths and Challenges in Leadership at the Fourth National People of Color Legal Scholarship Conference. This Essay is one of four in the cited article. The Essay summarizes the Author’s remarks at the Roundtable on contemplating a leadership role, the value of mentorship, and the profound impact that a woman of color as dean can have, simply by occupying that role.


Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza Jan 2020

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.


Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson Jan 2020

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

All Faculty Scholarship

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …


Law, Race, And The Epistemology Of Ignorance, George A. Martinez Jan 2020

Law, Race, And The Epistemology Of Ignorance, George A. Martinez

Faculty Journal Articles and Book Chapters

Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …