Law Commons^™

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and …

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King

Leslie E. Wolf

No abstract provided.

Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington

Tanya Monique Washington

No abstract provided.

Loving Grutter: Recognizing Race In Transracial Adoptions, Tanya Washington

Tanya Monique Washington

No abstract provided.

Comparative Racialization: From Subjugation To Resistance And Remedy, Tanya Washington

Tanya Monique Washington

No abstract provided.

We Are Mad About The Wrong Thing, Tanya M. Washington

Tanya Monique Washington

No abstract provided.

All Things Being Equal: The Promise Of Affirmative Efforts To Eradicate Color-Coded Inequality In The United States And Brazil, Tanya Washington

Tanya Monique Washington

No abstract provided.

The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington

Tanya Monique Washington

No abstract provided.

The Supreme Court And Affirmative Action: Why Now?, Eric J. Segall

Eric J. Segall

No abstract provided.

Judicial Humility And Affirmative Action, Eric J. Segall

Eric J. Segall

No abstract provided.

Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky

Eric J. Segall

No abstract provided.

Critical Race Theory As International Human Rights Law, Natsu Taylor Saito

Natsu Taylor Saito

No abstract provided.

Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito

Natsu Taylor Saito

No abstract provided.

Decolonization, Development, And Denial, Natsu Taylor Saito

Natsu Taylor Saito

No abstract provided.

Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito

Natsu Taylor Saito

This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.

Complementarity And Post-Coloniality, Nirej S. Sekhon

Nirej Sekhon

The International Criminal Court’s jurisdiction is complementary to that of national criminal jurisdictions. While most agree that complementarity is a cornerstone principle, debate continues as to what precisely it should mean for the ICC’s relationship to national criminal justice actors. “Positive complementarity,” a view many commentators hold, suggests that the ICC should use its power to educate, persuade, and prod states parties to undertake international criminal law investigations. For positive complementarity’s more optimistic proponents, the future holds promise for a coordinated system of global justice in which the ICC plays a secondary role to national courts in vindicating international criminal …

Negotiating Peremptory Challenges, Caren Morrison

Caren Myers Morrison

Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of cause, and accordingly are often exercised on the basis of race. In Batson v. Kentucky, the Supreme Court tried to remedy the most obvious abuses by requiring that strike proponents give a “race neutral” reason for the strike, and directing trial courts to assess the credibility of the explanation. But the Batson regime has proved spectacularly unsuccessful. It has not ended racial discrimination in jury selection, nor does it adequately safeguard the rights of the excluded jurors.

One of the reasons for …

In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Spectrum Initiative: An Insiders View, Trina Holloway

Trina Holloway

No abstract provided.

In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Insurance Mandates: Colorectal Cancer Screening Utilization And Racial/Ethnic Disparities, Michael Preston

Michael Preston

Colorectal Cancer is the third most common cancer found in men and women in the United states. In 2014, the American Cancer Society estimates over 136,000 new cases of colorectal cancer and approximately 50,000 deaths. Although the overall death rate for colorectal cancer has decreased over the past 20 years, disparities remain among medically underserved populations.

Through The Looking Glass, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Trafficking For Organ Removal, Anne T. Gallagher Ao

Anne T Gallagher

No abstract provided.

Adjudicating Social And Economic Rights: Can Democratic Experimentalism Help?, Katharine G. Young, Sandra Liebenberg

Katharine G. Young

No abstract provided.

We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene

Bernadette Atuahene

The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene

Bernadette Atuahene

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land …

Legal History And The Politics Of Inclusion, Felice Batlan

Felice J Batlan

The Blacks Who "Got Their Forty Acres": A Theory Of Black West Indian Migrant Asset Acquisition, Eleanor M. Brown

Eleanor M Brown

Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan D. Carle

Susan D. Carle