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Articles 1 - 30 of 62
Full-Text Articles in Law
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Scholarly Works
No abstract provided.
Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric
Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric
Nevada Law Journal
No abstract provided.
Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan
Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan
Scholarly Works
Part I outlines the many ways that corporate employers fail in racial equity efforts and the barriers that have been put into place to keep BIPOC workers from succeeding. Drawing from industrial organizational psychology and sociology, I identify six distinct challenges that must be remedied or ameliorated in order for BIPOC to achieve pay equity in the corporate climate. Part II identifies and analyzes the decades of litigation and class action settlements that have tried and failed to address the persistent lack of BIPOC representation in the financial industry. I categorize these cases into three waves of litigation intended to …
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
Nevada Law Journal
No abstract provided.
Restorative Justice And Anti-Racism, Martha Minow
Restorative Justice And Anti-Racism, Martha Minow
Nevada Law Journal
No abstract provided.
The “Fool’S Gold” Standard Of Confession Evidence: How Intersecting, Disadvantaged Identities Heighten The Risk Of False Confession, Nicole Weis
Nevada Law Journal
No abstract provided.
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Nevada Law Journal
No abstract provided.
Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang
Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang
Scholarly Works
No abstract provided.
Indigenous Subjects, Addie C. Rolnick
Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick
Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick
Nevada Law Journal
No abstract provided.
The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields
The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields
Nevada Law Journal
No abstract provided.
Enough! Eliminating Police Abuse Of Individuals Of Color With Disabilities, Ann C. Mcginley
Enough! Eliminating Police Abuse Of Individuals Of Color With Disabilities, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Nevada Law Journal
No abstract provided.
American Punishment And Pandemic, Danielle C. Jefferis
American Punishment And Pandemic, Danielle C. Jefferis
Nevada Law Journal
No abstract provided.
Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety
Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety
Nevada Law Journal
No abstract provided.
Women Of Color In Immigration Enforcement, Kit Johnson
Women Of Color In Immigration Enforcement, Kit Johnson
Nevada Law Journal
No abstract provided.
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Nevada Law Journal
No abstract provided.
An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White
An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White
Nevada Law Journal
No abstract provided.
The Rhetoric Of Racism In The United States Supreme Court, Kathryn M. Stanchi
The Rhetoric Of Racism In The United States Supreme Court, Kathryn M. Stanchi
Scholarly Works
This Article is the first study that categorizes and analyzes all the references to the terms "racist," "racism," and "white supremacy" throughout Supreme Court history. It uses the data to tease out how the Court shaped the meaning of these terms and uncovers a series of patterns in the Court's rhetorical usages. The most striking pattern uncovered is that, for the Supreme Court, racism is either something that just happens without any acknowledged racist actor or something that is perpetrated by a narrow subset of usual suspects, such as the Ku Klux Klan or Southern racists. In the Supreme Court's …
Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper
Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper
Scholarly Works
Recent uprisings over the failure to hold police officers responsible for killing civilians—from Ferguson, Missouri to nationwide George Floyd protests—show the importance of excessive force as a social problem. Some scholars have launched racial critiques of policing as resulting from explicit or implicit racial bias. This Essay is the first to demonstrate that an intersectional analysis of both race and class helps explain both aggressive policing and the Court’s permissive excessive force doctrine.
This Essay identifies several take-aways from intersectionality theory’s basic insight that unique senses of self-identity and unique stereotypes form at places where categories of identity meet. First, …
Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper
Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper
Scholarly Works
This Article occupies the junction of dis/abilities studies and critical race theory. It joins the growing commentary analyzing the groundbreaking lawsuit by Compton, California students and teachers against the Compton school district under federal disability law and seeking class certification and injunctive relief in the form of teacher training, provision of counselors, and changed disciplinary practices. The federal district court denied the defendants’ motion to dismiss but also denied the plaintiffs’ motion for a preliminary injunction and class certification, resulting in prolonged settlement talks. The suit is controversial because it seeks to address the trauma suffered by Black and Latinx …
Bridging Divides In Divisive Times: Revisiting The Massie-Fortescue Affair, Stewart Chang
Bridging Divides In Divisive Times: Revisiting The Massie-Fortescue Affair, Stewart Chang
Scholarly Works
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five "Hawaiians" of gang raping her, even though they were of various Asian Pacific ethnic identities. The rape case ended in a hung jury, and so her relatives resorted to vigilante murder of one of the defendants. The subsequent murder trial resulted in convictions, but the 10- year prison sentences for the white defendants were commuted to …
Cop Fragility And Blue Lives Matter, Frank Rudy Cooper
Cop Fragility And Blue Lives Matter, Frank Rudy Cooper
Scholarly Works
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012–2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women.
There is also a new police resistance to criticism. It fits within the tradition of the “Blue Wall of Silence,” but also includes a new pro-police movement known as Blue Lives Matter. The Blue Lives Matter movement makes the dubious claim that there is a war on police and counter attacks by calling for …
Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia
Politically Engaged Unionism: The Culinary Workers Union In Las Vegas, Ruben J. Garcia
Scholarly Works
This chapter introduces the reader to "politically engaged unionism" as demonstrated by the bargaining successes of The Culinary Workers Union Local 226 in Las Vegas, Nevada. Professor Ruben J. Garcia provides a brief background of the union and its member demographics, arguing it can serve as a model for unions across the country.
Defending White Space, Addie C. Rolnick
Defending White Space, Addie C. Rolnick
Scholarly Works
Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions—ranging from body cameras to greater federal oversight to anti-bias training for police—likewise focus on violence as a problem of policing. Amid this national conversation, however, insufficient attention has been paid to private violence. This Article examines the relationship between race, self-defense laws, and modern residential segregation. The goal is to sketch the contours of an important but undertheorized relationship between residential segregation, private violence, and state criminal law. By describing the interplay between residential segregation and modern self-defense law, this Article reveals how criminal …
Defending The Spirit: The Right To Self-Defense Against Psychological Assault, Kindaka J. Sanders
Defending The Spirit: The Right To Self-Defense Against Psychological Assault, Kindaka J. Sanders
Nevada Law Journal
No abstract provided.
The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase
The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase
Nevada Law Journal
No abstract provided.
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Scholarly Works
In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.
A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper
A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper
Scholarly Works
President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men. Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …
Remorse Bias, M. Eve Hanan
Remorse Bias, M. Eve Hanan
Scholarly Works
In this article, Professor M. Eve Hanan addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants' displays of remorse and how we can lessen the effects of that bias. Part I of this article introduces the main ideas to be discussed. Part II establishes the salience of remorse to punishment decisions and then demonstrates the ambiguity involved in assessing the sincerity of remorse. Part III examines existing research on implicit biases associating African Americans with criminality to consider whether judges are likely to view African American defendants' expressions of remorse as insincere and, thus, …