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Articles 1 - 5 of 5
Full-Text Articles in Law
Judge Frankel’S Fifty-Year-Old Invitation To Reconstruct Sentencing, Jelani Jefferson Exum
Judge Frankel’S Fifty-Year-Old Invitation To Reconstruct Sentencing, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
America was a different place at the time Judge Marvin Frankel penned his now-famous text Criminal Sentences: Law without Order in 1973. Richard Nixon was the U.S. president. The Vietnam War was ending. The Watergate scandal was unfolding. There was much to grab the public’s attention, and criminal sentencing was not a national or international headline. Just two years earlier, President Nixon had declared a war on drugs and targeted drug abuse as “public enemy number one,” but it would be over a decade before punitive mandatory minimum drug sentences would become our sentencing norm. At the time of …
The Empty Promise Of The Fourth Amendment In The Family Regulation System, Anna Arons
The Empty Promise Of The Fourth Amendment In The Family Regulation System, Anna Arons
Faculty Publications
Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches—required elements of investigations into allegations of child maltreatment in virtually every jurisdiction—state agents invade the home, the most protected space in Fourth Amendment jurisprudence. Accordingly, federal courts agree that the Fourth Amendment’s warrant requirement applies to family regulation home searches. But almost universally, the abstract recognition of Fourth Amendment protections runs up against a concrete expectation on the ground that state actors should have easy and expansive access to families’ homes. Legislatures …
Get Out: Structural Racism And Academic Terror, Renee Nicole Allen
Get Out: Structural Racism And Academic Terror, Renee Nicole Allen
Faculty Publications
Released in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.
Like Get …
High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg
High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg
Faculty Publications
Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled - the public shaming for remarks that are deemed racist - has had a chilling effect on having meaningful conversations about racism. What lost opportunities!
This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping …
Integration & Transformation: Incorporating Critical Information Literacy And Critical Legal Research Into Advanced Legal Research Instruction, Courtney Selby
Integration & Transformation: Incorporating Critical Information Literacy And Critical Legal Research Into Advanced Legal Research Instruction, Courtney Selby
Faculty Publications
(Excerpt)
Legal research is not a separate and distinct endeavor from legal analysis and advocacy. These activities are inextricably intertwined in the practice of law. Few would suggest that advocacy includes the process of applying rules to situations in a vacuum without reference to context and consequences. Yet we often see this assumption about the legal research process. Many students presume that conducting legal research is a neutral endeavor, and that when done properly, it delivers the universe of relevant authorities to the researcher. This essay is about my experience integrating critical perspectives into an existing advanced legal research course …