Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (201)
- University of Michigan Law School (66)
- Washington and Lee University School of Law (50)
- Touro University Jacob D. Fuchsberg Law Center (22)
- Yeshiva University, Cardozo School of Law (22)
-
- American University Washington College of Law (19)
- Columbia Law School (19)
- University of Nebraska - Lincoln (16)
- University of Washington School of Law (15)
- Maurer School of Law: Indiana University (14)
- Pepperdine University (14)
- St. John's University School of Law (14)
- William & Mary Law School (14)
- St. Mary's University (13)
- Villanova University Charles Widger School of Law (13)
- New York Law School (12)
- Northwestern Pritzker School of Law (12)
- Boston University School of Law (11)
- UIC School of Law (11)
- University of Colorado Law School (11)
- Brooklyn Law School (8)
- Roger Williams University (8)
- Georgia State University College of Law (7)
- University of Arkansas Little Rock (7)
- University of Miami Law School (7)
- Loyola University Chicago, School of Law (6)
- Osgoode Hall Law School of York University (6)
- Texas A&M University School of Law (6)
- BLR (5)
- Brigham Young University Law School (5)
- Keyword
-
- Police (75)
- Race (44)
- Discrimination (38)
- Law enforcement (32)
- Policing (31)
-
- Civil rights (30)
- Civil Rights (28)
- Criminal justice (26)
- Fourth Amendment (26)
- Prisons (26)
- Racism (26)
- Prisoners (25)
- Race and law (23)
- Racial profiling (23)
- African Americans (22)
- Incarceration (22)
- Constitution (19)
- Constitutional Law (19)
- Criminal law (19)
- Criminal Law (18)
- Police brutality (17)
- Evidence (16)
- Law (16)
- Minorities (16)
- Section 1983 (16)
- Police reform (15)
- Prison (14)
- Corrections (13)
- Due process (13)
- Eighth Amendment (13)
- Publication Year
- Publication
-
- Seattle University Law Review (199)
- Faculty Scholarship (42)
- Articles (33)
- Washington and Lee Journal of Civil Rights and Social Justice (31)
- Michigan Journal of Race and Law (19)
-
- Michigan Law Review (16)
- United States Department of Justice: Publications (15)
- Faculty Publications (13)
- Pepperdine Law Review (13)
- Journal of Race, Gender, and Ethnicity (12)
- Scholarly Articles in Law Reviews & Journals (11)
- Publications (10)
- The Scholar: St. Mary's Law Review on Race and Social Justice (10)
- Villanova Law Review (1956 - ) (10)
- Law Faculty Scholarship (9)
- Scholarly Articles (9)
- Northwestern Journal of Law & Social Policy (7)
- Touro Law Review (7)
- Washington Law Review (7)
- Washington and Lee Law Review (7)
- Articles by Maurer Faculty (6)
- Cardozo Law Review (6)
- Georgia State University Law Review (6)
- Journal of Civil Rights and Economic Development (6)
- UIC Law Review (6)
- University of Michigan Journal of Law Reform (6)
- All Faculty Scholarship (5)
- BYU Law Review (5)
- Brooklyn Law Review (5)
- ExpressO (5)
- Publication Type
- File Type
Articles 571 - 600 of 744
Full-Text Articles in Civil Rights and Discrimination
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Project on Addressing Prison Rape - Articles
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
Scholarly Articles in Law Reviews & Journals
This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …
Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger
Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger
Articles
For this Introduction, I undertake to look a bit more broadly at recent data. The best sources of demographic information about prisoners are the various surveys and censuses conducted by the U.S. Department of Justice Bureau of Justice Statistics (BJS). While no BJS publication directly addresses the issue, and no BJS dataset allows its full analysis, it is possible to glean something from the most recent BJS prison census, the 2005 Census of State and Federal Adult Correctional Facilities.
Plata V. Brown And Realignment: Jails, Prisons, Courts, And Politics, Margo Schlanger
Plata V. Brown And Realignment: Jails, Prisons, Courts, And Politics, Margo Schlanger
Articles
The year 2011 marked an important milestone in American institutional reform litigation. That year, a bare majority of the U.S. Supreme Court, in an opinion in Brown v. Plata by Justice Anthony Kennedy, affirmed a district court order requiring California to remedy its longstanding constitutional deficits in prison medical and mental health care by reducing prison crowding. Not since 1978 had the Court ratified a lower court's crowding-related order in a jail or prison case, and the order before the Court in 2011 was fairly aggressive; theoretically, it could have (although this was never a real prospect) induced the release …
The (In)Admissibility Of False Confession Expert Testimony, David A. Perez
The (In)Admissibility Of False Confession Expert Testimony, David A. Perez
Touro Law Review
This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Pepperdine Law Review
No abstract provided.
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Subverting Symbolism: The Matthew Shepard And James Byrd, Jr. Hate Crimes Prevention Act And Cooperative Federalism, Kami Chavis Simmons
Faculty Publications
Hate crimes continue to persist in the United States and undermine the traditions and values to which the country aspires. Until recently, however, the stringent jurisdictional limitations of existing federal legislation made it difficult for the federal government to prosecute these crimes. In October 2009, President Obama signed into law the Matthew Shepard James Byrd Jr., Hate Crimes Prevention Act (the "HCPA"). The HCPA significantly expands the federal government's authority to prosecute defendants accused of hate crimes because it dispenses with a previous jurisdictional requirement that made it difficult to prosecute many such crimes. The HCPA also represents an expansion …
Profiling And Immigration, Aaron Haas
Profiling And Immigration, Aaron Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
Michigan Journal of Race and Law
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him …
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Pepperdine Law Review
No abstract provided.
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Pepperdine Law Review
No abstract provided.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross
Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano
Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano
Articles & Chapters
This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.
Keynote: The Crisis And Criminal Justice, Bernard Harcourt
Keynote: The Crisis And Criminal Justice, Bernard Harcourt
Faculty Scholarship
There has been a lot of recent debate over whether the economic crisis presents an opportunity to reduce prison populations and improve the state of criminal justice in this country. Some commentators suggest that the financial crisis has already triggered a move towards reducing the incarcerated population. Some claim that there is a new climate of bipartisanship on punishment. Kara Gotsch of the Sentencing Project, for example, suggests that we are now in a unique political climate embodied by the passage of the Second Chance Act under President George W. Bush – a climate that is substantially different than the …
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray
Publications
Prosecutors, like most Americans, view the criminal-justice system as fundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices--and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors--contribute to the staggering and disproportionate incarceration of black …
Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis
Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis
Faculty Scholarship
Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York …
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
Faculty Scholarship
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Faculty Publications
No abstract provided.