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Articles 1 - 16 of 16
Full-Text Articles in Law
Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth
Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth
Michigan Law Review
A Review of Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Michigan Law Review
A Review of McCleskey v. Kemp. By Mario Barnes, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 557, 581. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Foreword, Daniel B. Rodriguez
Foreword, Daniel B. Rodriguez
Northwestern University Law Review
No abstract provided.
Equal Protection Under The Carceral State, Aya Gruber
Equal Protection Under The Carceral State, Aya Gruber
Northwestern University Law Review
McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …
Mccleskey V. Kemp: Field Notes From 1977-1991, John Charles Boger
Mccleskey V. Kemp: Field Notes From 1977-1991, John Charles Boger
Northwestern University Law Review
The litigation campaign that led to McCleskey v. Kemp did not begin as an anti-death-penalty effort. It grew in soil long washed in the blood of African-Americans, lynched or executed following rude semblances of trials and hasty appeals, which had prompted the NAACP from its very founding to demand “simple justice” in individual criminal cases. When the Warren Court signaled, in the early 1960s, that it might be open to reflection on broader patterns of racial discrimination in capital sentencing, the NAACP Legal Defense & Educational Fund, Inc. (LDF) began to gather empirical evidence and craft appropriate constitutional responses. As …
Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith
Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith
The Modern American
No abstract provided.
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
Michigan Law Review
The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Michigan Law Review
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
Making The Familiar Conventional Again, Steven L. Winter
Making The Familiar Conventional Again, Steven L. Winter
Michigan Law Review
In 1984, Gerald López published his groundbreaking and still remarkable Lay Lawyering, employing then-recent developments in cognitive science to reexamine and reconfigure basic questions of law and legal reasoning. Three years later, Charles Lawrence's The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism used insights from cognitive and Freudian psychology to probe the problem of racism and the inadequacy of the law's response. George Lakoff's Women, Fire, and Dangerous Things appeared that same year. It was followed by a series of articles in which I examined a range of legal and theoretical issues in light of the new …
The Law Professor As Populist, Mark A. Graber
The Law Professor As Populist, Mark A. Graber
University of Richmond Law Review
A new populism is taking root in the strangest soil, American law schools. Tocqueville regarded "the profession of law" as an "aristocratic element," "a sort of privileged body in the scale of intellect." Lawyers, he observed, belonged to "thehighest political class," and routinely developed "some of the tastes and habits of aristocracy." During the 1990s, however, bold challenges to elite rule in the name ofpopular majoritarianism were issued by distinguished professors and chair holders at the most prestigious law schools in the United States. Such leading jurists as Richard Parker, Jack Balkin, Akbil Reed Amar, Sanford Levinson, and Mark Tushnet …
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
University of Richmond Law Review
For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.
Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein
Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein
Touro Law Review
No abstract provided.
Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly
Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly
St. Mary's Law Journal
Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
In the landmark case of New Jersey v. T.L.O., the United States Supreme Court applied the fourth amendment to searches conducted by public school officials. This past term, in O'Conner v. Ortega, the Court held that the fourth amendment is also applicable to work-related searches conducted by public employers. As in New Jersey v. T.L.O., the Court rejected the probable cause standard in favor of a "reasonableness under all the circumstances" test to determine the constitutionality of such searches. This general "reasonableness" approach was also approved in Maryland v. Garrison, where the Court held that an "objectively understandable and reasonable" …