Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, 2020 Trinity College
Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, John Lawson
Senior Theses and Projects
The U.S. Supreme Court decisions Duren v. Missouri (1979) and Batson v. Kentucky (1986) address under-representative venire drawing processes and discriminatory peremptory strikes during voir dire, respectively, to combat jury discrimination. In this thesis, I examine state level implementation of these two decisions in five states - Connecticut, Florida, Louisiana, Illinois, and Washington - to evaluate jury discrimination jurisprudence and recommend improvements at jurisprudential and policy levels. While state-level Duren and Batson jurisprudence remains woefully underdeveloped, recent developments such as Washington’s General Rule 37 and Connecticut’s Jury Selection Task Force could initiate a nationwide reform effort.
Gerrymandering Justiciability, 2020 Georgetown University Law Center
Gerrymandering Justiciability, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
As illustrated by its 2019 decision in Rucho v. Common Cause, the Supreme Court has gerrymandered its justiciability doctrines in a way that protects the political power of white voters. Comparing the Court’s willingness to find racial gerrymanders justiciable with its refusal to find partisan gerrymanders justiciable reveals a lack of doctrinal constraint. That gives the Court the discretionary power to uphold or strike down particular gerrymanders by deeming them racial or partisan in nature. Such discretion is problematic because, when the Supreme Court has exercised discretion in a racial context, it has historically done so to protect the …
For Cause: Rethinking Racial Exclusion And The American Jury, 2020 Harvard Law School
For Cause: Rethinking Racial Exclusion And The American Jury, Thomas Ward Frampton
Michigan Law Review
Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury reflects and reproduces racial hierarchies: massive racial disparities also pervade the use of challenges for cause. This Article examines challenges for cause and race in nearly 400 trials and, based on original archival research, presents a revisionist account of the Supreme Court’s three most recent Batson cases. It establishes that challenges for cause, no less than peremptory strikes, are an important—and unrecognized—vehicle of …
Dignity: The Most Important Common Resource, 2020 Brigham Young University Law School
Dignity: The Most Important Common Resource, Brianna Rosier
Brigham Young University Journal of Public Law
No abstract provided.
Unsecured (Black) Bodies: How Baltimore Foreshadows The Dangers Of Racially Targeted Dragnet Policing Let Loose By Utah V. Strieff, 2020 Howard Univsersity School of Law
Unsecured (Black) Bodies: How Baltimore Foreshadows The Dangers Of Racially Targeted Dragnet Policing Let Loose By Utah V. Strieff, Lucius T. Outlaw Iii
New Mexico Law Review
Through Utah v. Strieff, the Supreme Court has added to law enforcement’s arsenal of stripping people of their citizenship and humanity. This article strives to add to the growing criticism of Strieff in three ways.
First, it adds to the chorus of work exposing and criticizing the flawed legal reasoning of the majority opinion.
Next, by using Baltimore, Maryland’s recent policing history, this article shows how racially targeted dragnet policing was already a fact of life pre-Strieff for many black residents of our cities, and how this discriminatory policing tactic is fortified and encouraged by Strieff.
Finally, …
Conclusion: A Way Forward, 2020 Georgetown University Law Center
Conclusion: A Way Forward, Peter B. Edelman
Georgetown Law Faculty Publications and Other Works
Where do we go next? I have three suggestions. One is to enlarge the frame of our work on poverty and race, including a focus on the ever-widening chasm of inequality, and all of it pressing toward the center stage of national attention. A second is to consolidate our work about income, jobs, and cash assistance into a unified frame, which I call a three-legged stool. And the third is to think from a perspective of place, and what that tells us about our antipoverty work.
We need a banner, a message, a theme, a politics for ending poverty. The …
Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, 2020 Roger Williams University
Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Crisis? Whose Crisis?, 2020 William & Mary Law School
Crisis? Whose Crisis?, Jack M. Beermann
William & Mary Law Review
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
Blue Lives & The Permanence Of Racism, 2020 Maurer School of Law - Indiana University
Blue Lives & The Permanence Of Racism, India Thusi
Articles by Maurer Faculty
In true dystopian form, the killing of unarmed Black people by the police has sparked a national narrative about the suffering of police officers. “Blue Lives Matter” has become the rallying call for those offended by the suggestion that we should hold police officers accountable for killing unarmed Black people. According to a December 2016 poll, 61% of Americans believed that there was a “war on police,” and 68% of Whites had a favorable view of the police as compared to 40% of Blacks. Lawmakers around the country have been proposing Blue Lives Matter laws that make it a hate …
Crisis? Whose Crisis?, 2020 Boston University School of Law
Crisis? Whose Crisis?, Jack M. Beermann
Faculty Scholarship
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
In Honor Of Robert E. “Robbie” Robinson (J.D. ‘74), 2020 University of Georgia School of Law
In Honor Of Robert E. “Robbie” Robinson (J.D. ‘74), University Of Georgia School Of Law
Robert E. Robinson (J.D. 1974)
Robinson was a beloved civil rights attorney and city alderman in Savannah, GA known for his work in the community and service to numerous indigent clients. A community leader and activist, Robinson served on the executive board and as counsel for the NAACP and was an influential leader in the fight for school desegregation in Savannah. On December 18, 1989, Robinson was tragically killed by a mail bomb that was sent to his Savannah office.
To honor his legacy, the School of Law has established the Robinson Scholars Program, which benefits underrepresented student populations with ties to Georgia and a …
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, 2020 University of Miami Law School
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
University of Miami Law Review
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …
Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, 2020 Universidad de Los Andes School of Law
Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, Ana Bejarano Ricaurte
Indiana Journal of Global Legal Studies
This article does not discuss whether pro bono programs should exist in Colombia, or whether they cause positive transformation in the legal profession. These issues are examined in other types of legal literature, and this author departs from the standpoint of viewing this type of work as a positive practice within the legal culture. The main thesis of this article is that pro bono work is still developing in Colombia, both in its numbers of participating attorneys and clients, as well as in the ways it is affecting the legal culture. As important as it might be, the work of …
Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, 2020 Universidad Austral de Chile School of Law
Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.
Indiana Journal of Global Legal Studies
In order to contribute from a situated perspective to a global narrative of access to justice, in the next sections I will trace the origins of compassionate and cause lawyering in the history of Chilean legal aid and training. Part II will explain how legal assistance to the poor was codified as a duty of legal professionals during the Middle Ages, in both canon law and in Castilian legislation. Part III will show that practical legal training, both in Spain and in Chile, began much later as the result of the ambition among prominent members of the legal profession to …
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, 2020 Instituto de Pesquisa Economica Aplicada
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Indiana Journal of Global Legal Studies
This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.
Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …
Access To Justice And Legal Clinics: Developing A Reflective Lawyering Space Some Insights From The Italian Experience, 2020 University of Brescia
Access To Justice And Legal Clinics: Developing A Reflective Lawyering Space Some Insights From The Italian Experience, Marzia Barbera, Venera Protopapa
Indiana Journal of Global Legal Studies
This paper first provides a brief description of the genesis of legal clinics in Italy, and highlights the motivations and expectations lying behind the emergence of the legal clinic movement in this context. Second, the paper gives a brief description of the institutional context of legal aid in Italy, and assesses its effectiveness in terms of granting legal assistance to those unable to afford a lawyer. The third and fourth parts then offer an account of court enforcement mechanisms that aim to ensure effective access to justice. Part three gives this account through the lens of court enforcement of the …
Revitalizing Fourth Amendment Protections: A True Totality Of The Circumstances Test In § 1983 Probable Cause Determinations, 2020 University of Nebraska-Lincoln
Revitalizing Fourth Amendment Protections: A True Totality Of The Circumstances Test In § 1983 Probable Cause Determinations, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Article analyzes claims of police misconduct and false arrest, specifically addressing the issue of whether a police officer may ignore evidence of an affirmative defense, such as self-defense, when determining probable cause for an arrest. The inquiry most often arises in § 1983 civil claims for false arrest where the officer was aware of some evidence a crime had been committed, but was also aware of facts indicating the suspect had an affirmative defense to the crime observed. In extreme cases, the affirmative defense at issue is actually self-defense in response to the officer’s own unlawful conduct. As police …
Segregation In The Galleries: A Reconsideration, 2020 University of Michigan Law School
Segregation In The Galleries: A Reconsideration, Richard Primus
Michigan Law Review Online
When constitutional lawyers talk about the original meaning of the Fourteenth Amendment as applied to questions of race, they often men-tion that the spectators’ galleries in Congress were racially segregated when Congress debated the Amendment.1 If the Thirty-Ninth Congress practiced racial segregation, the thinking goes, then it probably did not mean to prohibit racial segregation.2 As an argument about constitutional interpretation, this line of thinking has both strengths and weaknesses. But this brief Essay is not about the interpretive consequences, if any, of segregation in the congressional galleries during the 1860s. It is about the factual claim that the galleries …
Predatory Cities, 2020 Chicago-Kent College of Law
Predatory Cities, Bernadette Atuahene
All Faculty Scholarship
Between 2011 and 2015, the Wayne County Treasurer completed the property tax foreclosure process for one in four properties in Detroit, Michigan. No other American city has experienced this elevated rate of property tax foreclosures since the Great Depression. Studies reveal that the City of Detroit systematically and illegally inflated the assessed value of most of its residential properties, which led to inflated property tax bills unaffordable to many homeowners. Extraordinary tax foreclosure rates and extensive dispossession resulted. Consequently, Detroit has become a “predatory city”—a new and important sociolegal concept that this Article develops. Predatory cities are urban areas where …
Teaching Professional Responsibility Through Theater, 2020 University of Maryland Francis King Carey School of Law
Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.
Faculty Scholarship
This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).
The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to …