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Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger Jan 2017

Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger

Articles & Chapters

Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism fundamental to all the others. We then examine one particularly important policy, the carceral state, which can be described as the most important policy response to the civil rights era. A significant body of scholarship on employment discrimination presents a site for explaining the transformation of law on the books into the law in action. Finally, we review scholarship on the persistence of segregation …


Valuing Identity, Osamudia R. James Jan 2017

Valuing Identity, Osamudia R. James

Articles

No abstract provided.


"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey Jan 2017

"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey

Touro Law Review

No abstract provided.


Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Trina Jones, Kimberly Jade Norwood Jan 2017

Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Trina Jones, Kimberly Jade Norwood

Faculty Scholarship

Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …


You Have The Right To Free Speech: Retaliatory Arrests And The Pretext Of Probable Cause, Katherine G. Howard Jan 2017

You Have The Right To Free Speech: Retaliatory Arrests And The Pretext Of Probable Cause, Katherine G. Howard

Georgia Law Review

An important question about an individual's First
Amendment freedoms arises when a citizen or journalist is
arrested while verbally challenging, filming, or writing
about police actions. Did the police officer have legitimate
law enforcement reasons for the arrest, or was the arrest in
retaliationfor engaging in First Amendment activities the
officer did not like? Courts have grappled with the best
way to resolve this question, often importing the Fourth
Amendment's bright-line rule about probable cause into
analyses of FirstAmendment retaliatoryarrest claims and
barringthose claims were the officer had probable cause to
arrest. This Note argues that when retaliatory arrest
claims …


Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality Dec 2016

Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Gregory


Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz Dec 2016

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality Nov 2016

Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Williams v. Steele


Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz Nov 2016

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …


Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden Oct 2016

Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden

Seattle University Law Review

This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes a clinical …


Brief For Amici Curiae Fred T. Korematsu Center For Law And Equality, Anti-Defamation League, Asian Americans Advancing Justice, Asian American Bar Association Of New York, Asian American Legal Defense And Education Fund, Hispanic National Bar Association, Latinojustice Prldef Inc., Metropolitan Black Bar Association, Naacp Legal Defense & Education Fund, Inc., National Asian Pacific American Bar Association, National Asian Pacific American Women's Forum, National Bar Association, National Native American Bar Association, Society Of American Law Teachers, Inc., South Asian Bar Association Of New York, South Asian Bar Association Of North America, And Law Professors In Support Of Defendant-Apellant, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae Oct 2016

Brief For Amici Curiae Fred T. Korematsu Center For Law And Equality, Anti-Defamation League, Asian Americans Advancing Justice, Asian American Bar Association Of New York, Asian American Legal Defense And Education Fund, Hispanic National Bar Association, Latinojustice Prldef Inc., Metropolitan Black Bar Association, Naacp Legal Defense & Education Fund, Inc., National Asian Pacific American Bar Association, National Asian Pacific American Women's Forum, National Bar Association, National Native American Bar Association, Society Of American Law Teachers, Inc., South Asian Bar Association Of New York, South Asian Bar Association Of North America, And Law Professors In Support Of Defendant-Apellant, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

People v. Joseph Bridgeforth


Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle Oct 2016

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

Michigan Journal of Race and Law

This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …


The First Amendment And The Police In The Digital Age, Kermit V. Lipez Oct 2016

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?, Alisa Lalana Oct 2016

Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?, Alisa Lalana

Loyola of Los Angeles Law Review

No abstract provided.


Can You Hear Me Now?: Interpreters For California Civil Cases, Jena Maccabe Oct 2016

Can You Hear Me Now?: Interpreters For California Civil Cases, Jena Maccabe

Loyola of Los Angeles Law Review

No abstract provided.


What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas Oct 2016

What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Articles

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …


Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioners, Robert Chang, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae Sep 2016

Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioners, Robert Chang, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

State v. Houston-Sconiers et al.


Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs Sep 2016

Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings Sep 2016

“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern Sep 2016

Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos Sep 2016

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

Articles

If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …


When More Is Less—Swat And Procedural Justice, Timothy C. Macdonnell Sep 2016

When More Is Less—Swat And Procedural Justice, Timothy C. Macdonnell

Washington and Lee Journal of Civil Rights and Social Justice

Since the “war on drugs” began in the early 1970s the use of Special Weapons and Tactics units has increased exponentially. These units, originally designed to address unique policing situations like riots or a barricaded gun man, are now deploying approximately 60,000 times a year. Over half of those deployments are for search warrants. Because SWAT units deploy assuming that they are going to a situation with a high likelihood of violence, their tactics reflect that assumption. SWAT means and methods emphasize the decisive use of force to resolve conflicts. These means and methods do not encourage communication between police …


Prison Bars On Classroom Doors, Cornelius Lee Aug 2016

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.


How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman Aug 2016

How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman

DePaul Journal for Social Justice

No abstract provided.


What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum Aug 2016

What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum

DePaul Journal for Social Justice

No abstract provided.


Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue Aug 2016

Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue

University of Miami Race & Social Justice Law Review

This Article provides two principal contributions to the study of wrongful convictions. First, it fills a gap in the literature by clarifying the scope of a capital defendant’s constitutional right to use statistics when attacking a wrongful conviction caused by racial bias in jury selection. In doing so, the Article not only examines the content of the Court’s jurisprudence but it also explores the historical “arc” toward greater evidentiary protections. This arc has been guided primarily by the realization that prior narrower solutions have been ineffective at combating racially-motivated peremptory strikes. The Article will also place modern statistical evidence in …


Ending The Internal Affairs Farce, Rachel Moran Aug 2016

Ending The Internal Affairs Farce, Rachel Moran

Buffalo Law Review

No abstract provided.


Confronting Race And Collateral Consequences In Public Housing, Ann Cammett Jul 2016

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett

Seattle University Law Review

Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of …


Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni Jul 2016

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it produced the …


Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky Jul 2016

Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky

Law School Blogs

No abstract provided.