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Criminal law

Law and Race

Fordham Law School

Articles 1 - 3 of 3

Full-Text Articles in Law

Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez Jan 2020

Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez

Faculty Scholarship

Law and Society research in and about Latin America has been particularly beneficial in elucidating the gap between the ideals of racial equality laws in the region and the actual subordinated status of its racialized subjects. Some of the recurrent themes in the race-related literature have been: the limits of the Latin American emphasis on criminal law to redress discriminatory actions; the limits of multicultural constitutional reform for full political participation; the insufficiency of land reform and recognition of ethnic communal property titles; and the challenges to implementing race conscious public policies such as affirmative action. Especially illuminating have been …


Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez Jan 2019

Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez

Faculty Scholarship

No abstract provided.


When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber May 2015

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Fordham Law Review

Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …