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Full-Text Articles in Law and Race
First Amendment Protections For "Good Trouble", Dawn C. Nunziato
First Amendment Protections For "Good Trouble", Dawn C. Nunziato
Emory Law Journal
In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech—the preferred response within our constitutional framework—but also by efforts by the dominant power structure to censor and shut down those forms of public rebuke of our nation’s racist practices. Fast forward seventy years, and the tactics of the dominant power structure have essentially remained the same in response to today’s civil rights activists who seek to protest …
How They Get Away With Murder: The Intersection Of Capital Punishment, Prosecutor Misconduct, And Systemic Injustice, Rushton Davis Pope
How They Get Away With Murder: The Intersection Of Capital Punishment, Prosecutor Misconduct, And Systemic Injustice, Rushton Davis Pope
Emory Law Journal
Black defendants are executed at a disproportionately high rate, an injustice quietly persisting in the shadow of America’s dark history of slavery and Jim Crow. While a variety of intersectional factors have perpetuated this injustice, the role of prosecutors who commit misconduct to secure a conviction is significant. Defendants are presumed innocent until proven guilty, but when the prosecutors who carry the burden of proving that guilt choose not to play by the rules, they wantonly and recklessly embrace the risk of convicting—even killing—an innocent person.
This Comment focuses on two primary forms of prosecutor misconduct: Batson violations that occur …