Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

1618 Full-Text Articles 1100 Authors 323219 Downloads 127 Institutions

All Articles in Law and Race

Faceted Search

1618 full-text articles. Page 3 of 56.

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson 2017 University of Miami Law School

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson

University of Miami Race & Social Justice Law Review

No abstract provided.


A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste McCaw 2017 University of Miami Law School

A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw

University of Miami Race & Social Justice Law Review

No abstract provided.


Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum 2017 University of Toledo College of Law

Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum

Cleveland State Law Review

In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for ...


The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe 2017 New York Law School

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Cleveland State Law Review

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of ...


The Role Of The Prosecutor And The Grand Jury In Police Use Of Deadly Force Cases: Restoring The Grand Jury To Its Original Purpose, Ric Simmons 2017 Michael E. Moritz College of Law, The Ohio State University

The Role Of The Prosecutor And The Grand Jury In Police Use Of Deadly Force Cases: Restoring The Grand Jury To Its Original Purpose, Ric Simmons

Cleveland State Law Review

In deciding whether and what to charge in a criminal case, the prosecutor looks to three different factors. The first is legal: is there probable cause that the defendant committed this crime? The second is practical: if the case goes to trial, will there be sufficient evidence to convict the defendant beyond a reasonable doubt of this crime? And the third is equitable: should the defendant be charged with this crime? The prosecutor is uniquely qualified to answer the first and second question, but the third is a bit trickier. If it is used properly, the grand jury could provide ...


Restoring Independence To The Grand Jury: A Victim Advocate For The Police Use Of Force Cases, Jonathan Witmer-Rich 2017 Cleveland-Marshall College of Law, Cleveland State University

Restoring Independence To The Grand Jury: A Victim Advocate For The Police Use Of Force Cases, Jonathan Witmer-Rich

Cleveland State Law Review

This Article proposes a grand jury victim advocate to represent the interests of the complainant before the grand jury in investigations into police use of excessive force. Currently, the prosecutor has near-exclusive access to the grand jury, and as a result, grand juries have become almost entirely dependent on prosecutors. Historically, however, grand juries exhibited much greater independence. In particular, grand juries have a long history in America of providing oversight over government officials, bringing criminal charges for official misconduct even when local prosecutors proved reluctant. Permitting the alleged victim of police excessive force to be represented before the grand ...


Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler 2017 Seattle University School of Law

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal ...


Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik 2017 University of Tennessee - Knoxville

Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod 2017 American University Washington College of Law

The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod

Jayesh Rathod

In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who ...


Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith 2017 American University

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Brenda Smith

This Essay transcribes and discusses Smith’s keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith’s speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.


Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas 2017 Georgia State University College of Law

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Lauren Sudeall Lucas

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they constitute ...


Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown 2017 Lincoln Memorial University Duncan School of Law

Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown

Lincoln Memorial University Law Review

The purpose of this paper is to provide a high-level survey of our nation’s prohibition policies within the context of the costs of the law enforcement efforts upholding those policies. The discussion will offer a cursory review of the economic expense of the war on drugs with tangential coverage of the constitutional, institutional and intangible expenses that are inseparable from an assessment of the costs of America’s drug control efforts. Part I provides a historical review of illicit drug use in the United States, while Part II supplies the evolution of the country’s efforts to codify its ...


Race, Partisan Gerrymandering And The Constitution, John M. Greabe 2017 University of New Hampshire School of Law

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Legal Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez 2017 The Graduate Center, City University of New York

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky 2017 Georgia State University College of Law

Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel 2017 University of Maryland Francis King Carey School of Law

Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel

Maryland Law Review

No abstract provided.


Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander 2017 University of Maryland Francis King Carey School of Law

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Maryland Law Review

No abstract provided.


The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer 2017 University of Maryland Francis King Carey School of Law

The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer

Maryland Law Review

No abstract provided.


Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene 2017 University of Maryland Francis King Carey School of Law

Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene

Maryland Law Review

No abstract provided.


Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe 2017 University of Maryland Francis King Carey School of Law

Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe

Maryland Law Review

No abstract provided.


Digital Commons powered by bepress