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Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman Jan 2024

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 Mar 2023

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 Jan 2023

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 Jun 2022

#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 Jun 2022

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 Jun 2022

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 Jun 2022

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 Jan 2022

Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang

Scholarly Works

No abstract provided.


Indigenous Subjects, Addie C. Rolnick Jan 2022

Indigenous Subjects, Addie C. Rolnick

Scholarly Works

No abstract provided.


Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick Jun 2021

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 Jun 2021

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 Jun 2021

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 Jun 2021

Web Of Incarceration: School-Based Probation, Jyoti Nanda

Nevada Law Journal

No abstract provided.


American Punishment And Pandemic, Danielle C. Jefferis Jun 2021

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 Jun 2021

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 Jun 2021

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 Jun 2021

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 Jun 2021

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 Jan 2021

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 Jan 2021

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2019

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 Jan 2019

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 Sep 2018

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 May 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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, …