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Articles 1261 - 1290 of 2530
Full-Text Articles in Entire DC Network
Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger
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
"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
Ending The Internal Affairs Farce, Rachel Moran
Buffalo Law Review
No abstract provided.
Confronting Race And Collateral Consequences In Public Housing, Ann Cammett
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
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
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky
Law School Blogs
No abstract provided.