Law and Race Commons^™

Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter

St. Mary's Journal on Legal Malpractice & Ethics

When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …

Reflective Journal: Curricular Deficits, Pedagogical Challenges And Constructing Community In A Non- Traditional Law School Class, Rita A. Sethi

Roger Williams University Law Review

No abstract provided.

Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito

Journal of Race, Gender, and Ethnicity

No abstract provided.

Dispensing Reparations For Marijuana Convictions, Michelle Mazzola

Journal of Race, Gender, and Ethnicity

No abstract provided.

Reclaiming Safety: Participatory Research, Community Perspectives, And Possibilities For Transformation, Janet Moore

Faculty Articles and Other Publications

This paper offers the first known interdisciplinary, community-based participatory research study to focus directly on two questions that have drawn increased attention in the wake of global protests over racialized police violence: 1) What is the definition of safety? and 2) How can safety be made equally accessible to all? The study is part of a larger project that was co-designed by community members and academic researchers. The project aimed to strengthen local justice reform efforts by adding new data literacy skills to existing community-organizing capacity among Black residents of the Cincinnati, Ohio metropolitan area. Community-led roundtable discussions offered community …

Race And Lawyering In The Legal Writing Classroom, Danielle L. Tully

Faculty Scholarship

No abstract provided.

Divest, Invest, & Mutual Aid, Cynthia Godsoe, Caitlyn Garcia

Faculty Scholarship

No abstract provided.

Filing While Black: The Casual Racism Of The Tax Law, Steven A. Dean

Faculty Scholarship

No abstract provided.

Case Note: Federal Indian Law – Tribal Criminal Jurisdiction – Indian Civil Rights Act – Tribal Sovereignty – United States V. Cooley, Sarah A. Sadlier, Mnikȟówožu Lakȟóta

Tribal Law Journal

In United States v. Cooley, a Ninth Circuit panel denied a petition for rehearing en banc, holding that a tribal officer, who was not cross-deputized, could neither search nor detain a non-Indian on a federal or state highway right-of-way through the reservation unless that individual had committed an “apparent” crime in the officer’s presence. Narrowly defining tribal police authority, the panel ruled that the officer conducted an extra-jurisdictional search and seizure. In arriving at this conclusion, the panel refused to recognize that the Tribe’s sovereignty affords its law enforcement agencies the authority to investigate those who imperil public order on …

A 385-Year Experiment To Erase A People: Intergenerational Acts Of Genocide Against The Narragansett Indian Tribe By The United States Of America And The State Of Rhode Island, Taylor A. Dumpson, Afro-Indigenous; Black, Narragansett, Nanticoke, And Mohawk Ancestry

Tribal Law Journal

Since Roger Williams’ arrival in Narragansett Territory in 1636, and his subsequent settlement of the Providence Plantations, the Narragansett Indian Tribe--the Indigenous people to this land--have faced a series of intergenerational atrocities, including attempted genocides. For generations, these heinous wrongs have not been corrected by state or federal courts, which have often compounded the harms against the Narragansett people. Although the American legal system has played a role in perpetuating the intergenerational harms experienced by the Narragansett people, these institutions also have the opportunity to be a part of the solution. The Article examines the existing domestic legal framework for …

Affirmed Or Delegated? Finding Inherent Tribal Civil Power To Issue Protection Orders Against All Persons In Light Of Spurr V. Pope, Kelly Gaines Stoner, Cherokee Ancestry, Lauren Van Schilfgaarde, Cochiti Pueblo

Tribal Law Journal

Federal courts have wreaked havoc on tribal jurisdiction by injecting incertitude over their most basic authority, including the authority to issue and enforce civil protection orders. This jurisdictional incertitude causes not just legal disruption, but also further compromises the safety of Native people who are disproportionately victimized, especially by gender-based forms of violence. While Congress has been slow to remedy the onslaught of judicial limitations on tribal jurisdiction, Congress has at least remedied tribal authority to issue and enforce protection orders in 18 U.S.C. § 2265(e). However, even in this remedy, jurisdictional incertitude remains.

Bad Men Among The Whites Claims In The Mni Wiconi Age, Julie Combs, Cherokee Nation

Tribal Law Journal

In a series of nine treaties with Native Nations in the late 1860s, the United States promised to reimburse Indigenous people for wrongs committed by “bad men among the whites, or among other people subject to the authority of the United States.” In the century and half that followed the signing of these nine treaties, “bad men among the whites” claims have been litigated in the Federal Circuit with some success by Indigenous plaintiffs, and courts have shaped the meaning of the clause and the remedies a successful plaintiff may receive. This comment explores the Bad Men clause in the …

Dedication To Professor Christine Zuni Cruz, Tribal Law Journal

Tribal Law Journal

No abstract provided.

Introduction: Special Issue On Racial Capitalism And Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

No abstract provided.

Citizenship, Race, And Statehood, Kristina M. Campbell

Journal Articles

This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (“TID”), focusing on the Territory of Puerto Rico and how the issues of citizenship, race, and statehood have evolved in shadow of empire as a result. Part III will look back on the admission to the Union of New Mexico and Arizona—the forty-seventh and forty-eighth states—and discuss the substantial difficulties these territories had in getting admitted for statehood due …

Equality Offshore, Martin W. Sybblis

Faculty Articles

Global governance architecture, crafted by wealthy nations, has perpetuated the subordination of developing jurisdictions. The Article offers a novel and surprising analysis of governance tools used by wealthy countries and inter-governmental organizations to constrain offshore financial centers (OFCs) by focusing on the tools’ disparate impacts on tax havens whose populations comprise predominantly Black and Brown people. With tax haven issues garnering increasing attention, this Article provides a pathbreaking conceptual framework for examining the international tax, crime, and business discourse on OFCs. It also illuminates how the actions of powerful international actors, such as the Organization for Economic Cooperation and Development …

"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson

Faculty Articles

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …

The Color Of Pain: Racial Bias In Pain And Suffering Damages, Maytal Gilboa

Georgia Law Review

For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff’s race when calculating compensatory tort damages, and they do so in a manner that systematically results in lower awards to Black plaintiffs than to White. This Article examines this problem, zeroing in on the specific issue of racial bias in calculations of tort damages for pain and suffering.

The severity of a plaintiff’s injury is commonly …

Citizen's Arrest And Race, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

I begin with a mea culpa. In 2016, I published an article about citizen’s arrest. The idea for the article arose in 2014, when a disgruntled Virginia citizen attempted to arrest a law school professor while class was in progress. I set out to research and write a “traditional” law review article. In it, I traced the origins of the doctrine of citizen’s arrest to medieval England, imposing a positive duty on citizens to assist the King in seeking out suspected offenders and detaining them. I observed that the need for citizen’s arrest lessened with the development of organized and …

Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington

Upper Level Writing Requirement Research Papers

No abstract provided.