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- Adoption and Safe Families Act; federal law; parents' rights; adoption; trauma; permanent family separation; child protective proceeding; termiantion of parental rights; parent-child relationship; the civil death penalty; cash payments; anti-poverty (1)
- Constitutional Law; Criminal Law; Criminal Reform; Criminal Justice; Criminal Justice Reform; Mental Health; Police Accountability; Community Investment; Qualified Immunity; Policing; Police Reform; Defund Police; Mental Health Crisis; State-Created Danger; Disability Rights; Black Lives Matter; Law and Society; Law and Policy (1)
- Criminal Law; Criminal Reform; Criminal Justice; Criminal Justice Reform; Civil Asset Forfeitures; New York; Community Investment; White Collar Crime; Law and Society; District Attorney (1)
- Criminal Law; Veterans Law; Veterans Rights; Problem-Solving Courts; Veterans Treatment Courts; Theraputic Justice; rehabilitation; law and society; collateral consequences; criminal record (1)
- Family regulation system; racist; classist; public defense; criminal punishment system; reform; general uplift; public access; systemic change (1)
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- Federal Rule of Evidence 606(b); No-Impeachment Rule; Juror (1)
- Racism; Racist; Peña-Rodriguez v. Colorado; Racial Bias; Evidence; Evidentiary; Racial Disparity; BIPOC; Implicit Bias; Explicit Bias; United States v. Shalout; Criminal Defendant; Jury Deliberations; Vaise v. Delaval; Mansfield Rule; McDonald v. Pless; Tanner v. United States; United States v. Reid; Mattox v. United States; Warger v. Shauers; Iowa Rule; Wright v. Illinois & Mississippi Telegraph Co.; United States v. Smith; Harden v. Hillman; State v. Berhe; United States v. Brooks; United States v. Birchette; Commonwealth v. Ralph R.; State v. Spates (1)
- Sex Work; Sex Work Decriminalization; New York City Human Rights Law; Housing Discrimination; Housing Rights; Feminism; New York Penal Law; Disparate Impact; New York City Commission on Human Rights; Real Property Actions and Proceedings Law; RPAPL 715; Policing; Undercover Policing; Vice Crimes; Morality; Background Checks; Full Decriminalization; Clean Slate Act; DH v. City of New York; Walking While Trans; NYPL 230.47; Stop Violence in the Sex Trades Act; Sex Trade Survivors Justice and Equality Act; Clean Slate Act; Fair Chance for Housing Act (1)
Articles 1 - 7 of 7
Full-Text Articles in Law and Race
Toward “The Most Freedom”: Decriminalizing Sex Work Alleviates Housing Discrimination And Housing Instability Faced By Sex Workers In New York City, Bianca B. Li
Journal of Law and Policy
While sex work has been incrementally decriminalized in New York City, statutes that criminalize some forms of sex work remain good law in New York City and generate potentially life-altering penalties for sex workers who are arrested or convicted under these laws. This leads to complications for sex workers who seek to rent apartments. The New York City Human Rights Law, the City’s anti-discrimination statute, does not offer explicit protection to sex workers against housing discrimination, and two criminal laws penalize property owners for allowing sex work to occur on or near their premises. This Note explores the shortcomings of …
A Call To Action For Parents' Lawyers In The Family Regulation System: Bearing Witness As Praxis And Practice In The Face Of Structural Injustice, Joshua Michtom
Journal of Law and Policy
In this Essay, a public defender specializing in parent defense argues that the family regulation system is fundamentally unfair to parents, and that this unfairness is perpetuated by closed courtrooms and a lack of public understanding. He calls on lawyers who represent parents in these proceedings to make the practice of public storytelling integral to their work, by reporting the injustices that happen in family regulation courts to a broader audience, and helping clients tell their own stories publicly when they want to. He argues that only when the workings of this system are broadly exposed can policy change and …
When Permanency Is Permanent Separation: In The Family Regulation System, A Temporary Removal Fast Tracks Terminating Parents' Rights, Alison Peebles
When Permanency Is Permanent Separation: In The Family Regulation System, A Temporary Removal Fast Tracks Terminating Parents' Rights, Alison Peebles
Journal of Law and Policy
The Adoption and Safe Families Act (“ASFA”) is a federal law that creates a mandate for states to move to terminate parents’ rights if a child has been in foster care for fifteen out of the twenty-two most recent months. The federal government then pays states for each adoption over a set threshold amount, which has resulted in terminating over two million children’s parents’ rights and disbursing over four hundred million dollars to states. Black families, Indigenous families, and families of color as well as low-income families disproportionately experience the trauma and harm of permanent family separation. This Note argues …
What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias, Priyadarshini Das
What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias, Priyadarshini Das
Journal of Law and Policy
The no-impeachment rule, Federal Rule of Evidence 606(b), necessitates that jurors keep their deliberations secret. However, in the 2017 Supreme Court case Peña-Rodriguez v. Colorado, the Court created a racial bias exception to the no-impeachment rule. This exception allows jurors to notify the court when “one or more jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict.” This Note argues that this standard is too narrow because it fails to consider several situations of racial bias, like implicit bias. The ineffectiveness of this exception is demonstrated …
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Journal of Law and Policy
Criminal justice reform is elusive in the United States. Despite evidence that the system is broken, change remains ephemeral at best. This is partially attributable to the fact that most attempts to reform the criminal legal system have occurred through the political process. However, another method of criminal justice reform is to assist communities as they address the root causes of crime. Undergirding this approach is the belief that building stronger communities contributes to less crime and reduces recidivism. After seizing $250 million via prosecutions of financial crimes in 2016, the New York County District Attorney’s Office created a “first-of-its-kind” …