Digital Commons Network^™

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu

Michigan Journal of Race and Law

As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the Court analyzes Korematsu in depth, acknowledging that its own judgment had been mistaken in the internment cases, instead of simply citing the decisions as it formally had done until the very recent past. The Court nevertheless fails to appreciate the differences between Korematsu and Adarand, and in particular the consequences of using "strict scrutiny" for all racial classifications. This essay explores the complex relation-ship between Korematsu and Adarand, and offers a critique of the reasoning used in both cases. The essay …

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

Whose Justice? Which Victims?, Lynne Henderson

Scholarly Works

No abstract provided.

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.

The Empitness Of Majority Rule, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

In this Note, the author steers away from the current substantive debates surrounding the Voting Rights Act, its various amendments, and the "correct" way of interpreting its intended benefits and constitutionally accepted mandates. Instead, indirectly joins the many "radical" voices advocating for a departure from the majoritarian stranglehold-the decision-making process where fifty percent plus one of the voting population carry the election. The author does so not by suggesting yet another mechanism by which representatives may be elected, but by critiquing the perceived underpinnings of our democratic system of government. The author does not profess to delineate a definitive interpretation …

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Publications

No abstract provided.

Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

Faculty Articles

In this essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal

All Faculty Scholarship

The African-American struggle for civil rights has been a long one, one that began with the importation of the first black person into the country as a slave, and continues today. Through radical political struggle coupled with legal precedent, de jure segregation became a part of the past of the United States. Meticulous legal strategizing by the NAACP Legal Defense Fund culminated with the Supreme Court's decision in Brown v. Board of Education, which declared unconstitutional the governmental practice of segregating on the basis of race. Careful legislative lobbying—as well as the threats posed by radical black political groups who …

United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer

American University Law Review

No abstract provided.

United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer

American University Law Review

No abstract provided.

True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen

Michigan Law Review

In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman

Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin

Florida State University Law Review

No abstract provided.

Comparative Proportionality Review: Will The Ends, Will The Means , Bruce Gilbert

Seattle University Law Review

This Comment attempts to achieve several objectives. Part II discusses the reasons that the death penalty was found to be unconstitutional in Furman v. Georgia. Part III reviews several post-Furman Supreme Court cases and the revised death penalty statutes that were deemed to satisfy the procedural inadequacies found in pre-Furman death sentence statutes. This Part also discusses the role proportionality review plays in making a death penalty statute constitutional. Part IV examines the development of comparative proportionality review in the State of Washington. State v. Benn will serve as the focus of this discussion. Part V demonstrates that Washington's application …

Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski

Fordham Urban Law Journal

This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …

Lawyers And Social Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling

Touro Law Review

No abstract provided.

Crossing The Racial Divide: Challenging Stereotypes About Black Jurors, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson

All Faculty Scholarship

Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.

Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …

The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence

Michigan Law Review

This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.

The distinction between …

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …

Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris

Indiana Law Journal

No abstract provided.

Intersections Of Race, Ethnicity, And The Law, Valerie P. Hans, Ramiro Martinez Jr.

Cornell Law Faculty Publications

The development of law is inextricably linked to matters of race and ethnicity. The stories of minority citizens--the texture of their lives, the prejudices they have endured, and their struggles for fair treatment--have been documented in the pages of legal opinions, as judges over the years have wrestled with fundamental questions of racial bias and inequality. Studying race, ethnicity, and the law is challenging for many reasons, not the least of which is the prime difficulty of defining what we mean by race. Even the choice of words used to identify minority individuals has social and political ramifications. How law …

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston

Michigan Law Review

A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe

Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman

Washington and Lee Law Review

No abstract provided.

Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly

Washington and Lee Law Review

No abstract provided.