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Articles 1 - 5 of 5
Full-Text Articles in Law
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Faculty Scholarship
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …
Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor
Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor
Faculty Scholarship
In 1958, Bruce Boynton was arrested for ordering food in a Whites-Only diner and charged with criminal trespass. Sixty years later, African Americans continue to face arrest and threat of arrest in commercial establishments based on discriminatory trespass claims. When store owners or employees decide to exclude would-be patrons from their establishment for discriminatory reasons, both overt and implicit, they rely on the police to enforce this form of discrimination. This article considers the legacy of Boynton v. Virginia, particularly the resonance of Boynton’s unaddressed claim, that the state enforcement of discriminatory trespass allegations is an Equal Protection …
Race And Bankruptcy: Explaining Racial Disparities In Consumer Bankruptcy, Edward R. Morrison, Belisa Pang, Antoine Uettwiller
Race And Bankruptcy: Explaining Racial Disparities In Consumer Bankruptcy, Edward R. Morrison, Belisa Pang, Antoine Uettwiller
Faculty Scholarship
African American bankruptcy filers select Chapter 13 far more often than other debtors, who opt instead for Chapter 7, which has higher success rates and lower attorneys’ fees. Prior scholarship blames racial discrimination by attorneys. We propose an alternative explanation: Chapter 13 offers benefits, including retention of cars and driver’s licenses, that are more valuable to African American debtors because of relatively long commutes. We study a 2011 policy change in Chicago, which seized cars and suspended licenses of consumers with large traffic-related debts. The policy produced a large increase in Chapter 13 filings, especially by African Americans. Two mechanisms …
An Opening: Advocating For Equity In A Polarized America, Olatunde C.A. Johnson
An Opening: Advocating For Equity In A Polarized America, Olatunde C.A. Johnson
Faculty Scholarship
American society is facing a daunting array of political and social challenges. The ascendance of Trump reflects deep political fissures that seem to have calcified over the last four years. Blatant racist appeals have become part of ordinary politics and our core democratic foundations have been shaken by the emergence of an ethno-nationalist populist ethic that is skeptical of government and evidence based expertise. The killings by police of unarmed black people, and the convulsive protests in response, made plain the persistence of racism. The pandemic has further ravaged our society: exposing pre-existing race- and class-based inequalities, and — by …
Child Welfare And Covid-19: An Unexpected Opportunity For Systemic Change, Jane M. Spinak
Child Welfare And Covid-19: An Unexpected Opportunity For Systemic Change, Jane M. Spinak
Faculty Scholarship
The COVID-19 pandemic has already wrecked greater havoc in poor neighborhoods of color, where pre-existing conditions exacerbate the disease’s spread. Crowded housing and homelessness, less access to health care and insurance, and underlying health conditions are all factors that worsen the chances of remaining healthy.Workers desperate for income continue to work without sufficient protective measures, moving in and out of these neighborhoods, putting themselves and their families at risk. During periods of greater disruption, tensions are heightened and violence more prevalent. Already some experts are warning of an onslaught of child maltreatment cases, citing earlier examples of spikes in foster …