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Articles 1 - 14 of 14
Full-Text Articles in Law and Race
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 …
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Journal of Appellate Practice and Process
No abstract provided.
The Abyss Of Racism, J. Thomas Sullivan
The Abyss Of Racism, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin
How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin
Popular Media
No abstract provided.
(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias, Anna Roberts
(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias, Anna Roberts
Faculty Scholarship
No abstract provided.
Is Color Blind Justice Also Culturally Blind? The Cultural Blindness In Justice, Shiv Narayan Persaud
Is Color Blind Justice Also Culturally Blind? The Cultural Blindness In Justice, Shiv Narayan Persaud
Journal Publications
As diverse ethnic groups continue to experience numeric growth and societal grounding in America, their advocacies for culturally competent representation within the legal system cannot be ignored or underplayed. Undoubtedly, some professions such as mental and physical health, and their related sectors, have developed and continue to integrate cultural competencies into their respective practices. Others such as the legal profession seem to lag in their advocacies and promotion of culturally competent practices.
In the criminal justice system, where discretionary legal decision-making authority is commonplace and may grossly affect the civil liberties of the citizenry, a paucity of standards requiring cultural …
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
Articles & Chapters
Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally 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 Americans. In …
Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan
Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan
University of Michigan Journal of Law Reform Caveat
One of the lasting vestiges of Richard Nixon’s presidency is the infamous “War on Drugs,” a forty-year-old effort aimed at curtailing “illicit drug consumption and transactions in America.” Although the goal behind the policy—a reduction in the rate of substance abuse—may be altruistic, the War on Drugs has dismally failed to achieve its goals and has exacerbated existing problems. Specifically, laws dealing with crack cocaine result in a “heavily disproportionate impact on black defendants;” in 2008 “blacks comprised 79.8 percent of those convicted for crack cocaine-related offenses,” whereas “whites comprised only 10.4 percent.” More generally, these laws illustrate a fundamental …
Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods
Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods
Michigan Journal of Race and Law
This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the prosecuted White-affiliated gangs fell into three categories: international organized crime groups, outlaw motorcycle gangs, and White supremacist prison gangs. Some scholars and practitioners would explain these findings by contending that most criminal street gangs are comprised of racial minorities. This Article challenges and problematizes this …
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
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan
Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan
Articles
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …
Why We Need A Progressive Account Of Violence, Aya Gruber
Why We Need A Progressive Account Of Violence, Aya Gruber
Publications
No abstract provided.
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
Articles
Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.
This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …