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Full-Text Articles in Law

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

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

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …


Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams May 2019

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams

American Indian Law Journal

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for …