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Full-Text Articles in Law and Race

Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold May 2016

Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold

Michigan Journal of Race and Law

At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways that a …

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Making A Buck While Making A Difference, Alphonse A. Gerhardstein May 2016

Making A Buck While Making A Difference, Alphonse A. Gerhardstein

Michigan Journal of Race and Law

It is not right for children to die before their parents. It is not right for peaceful, unarmed citizens to die at the hands of the police. In my civil rights practice, I have met many mothers, fathers, and family members who are struggling to recover after a law enforcement officer caused the death of their loved one. Sure, they want fair compensation. But money does little to reduce their loss or make the grief more bearable. They often want to do something that will ensure that their loved one did not die in vain. They want to prevent other …

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Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith May 2016

Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith

Michigan Journal of Race and Law

On August 9, 2014, Michael Brown was shot to death in Ferguson, Missouri, by police officer Darren Wilson. Members of the Ferguson community rose up in response. Protests demanding that police violence against African Americans cease and that accountability for police misconduct be addressed erupted across the country, and they have not subsided since. Incidents in Baltimore, Maryland; Chicago, Illinois; WallerCounty, Texas; and elsewhere have kept the movement alive. The mass media, the political elite, and the White middle class woke up to a reality that had been long known to communities of color – force is used disproportionately against …

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Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King May 2016

Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King

Dissertations

Historical racial segregation within Mississippi’s public universities and colleges has led to litigation that spanned 25 years and eventually led to sweeping changes in policies and practices. Among these changes were the standardization of admission criteria and the creation of the Summer Developmental Program (SDP). This study sought to better understand the intentions and motives behind the creation and implementation of the SDP at all of the four-year public institutions in Mississippi stemming from the United States v. Fordice (1992) higher education desegregation case. This study compared retention and graduation rates of SDP participants to non-SDP participants from the first …

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The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander May 2016

The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander

Michigan Journal of Race and Law

The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 million people were …

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Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani May 2016

Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani

Michigan Journal of Race and Law

Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These …

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The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner May 2016

The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner

Michigan Journal of Race and Law

In 2013, the ACLU of Ohio released a report titled The Outskirts of Hope: How Ohio’s Debtors’ Prisons Are Ruining Lives and Costing Communities. The report exposed the blatantly unconstitutional practice in courts across Ohio of jailing people who were too poor to pay their court fines and fees, and along with our ongoing advocacy efforts, resulted in sweeping change across the state. This Essay looks at the destruction modern debtors’ prisons have on individuals, families, and communities and overviews the research, advocacy, and communications tools the ACLU of Ohio has used to successfully combat debtors’ prisons. The goal is …

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Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott May 2016

Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott

Michigan Journal of Race and Law

Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their …

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Abraham Lincoln And The Dakota War In Academic And Popular Literature, Larry D. Mansch Apr 2016

Abraham Lincoln And The Dakota War In Academic And Popular Literature, Larry D. Mansch

Madison Historical Review

While the Civil War all but consumed Abraham Lincoln’s presidency, at least one other military matter caught his attention. The 1862 Dakota War in Minnesota resulted in the deaths of 358 white settlers, 106 United States soldiers, and 29 Dakota warriors. When the fighting ended hundreds of Indians were placed in prisoner camps, and after sham trials nearly 400 warriors were sentenced to death. Military leaders, politicians, and an enraged citizenry demanded that Lincoln order swift executions. Seeking to balance a sense of justice against the public’s insistence for revenge, Lincoln examined the trial records of each of the defendants, …

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Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render Apr 2016

Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render

Popular Media

This article published on April 25, 2016 at the Huffington Post examines the case of McKinley Phipps. He was sentenced to thirty years of hard labor for a crime that, to this day, he insists he did not commit. During the trial prosecutors used Phipps’s rap persona and lyrics - remixed for special effect - to carefully construct a story of Phipps’s guilt. The article discusses how Phipps lyrics and persona contributed to his conviction and the progress of his appeals.

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Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne Apr 2016

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.

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Thurgood Marshall Memorial Lecture: A Keynote Address By Mahzarin Banaji: Blindspot: Hidden Biases Of Good People 04-14-2016, Roger Williams University School Of Law Apr 2016

Thurgood Marshall Memorial Lecture: A Keynote Address By Mahzarin Banaji: Blindspot: Hidden Biases Of Good People 04-14-2016, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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Trending @ Rwu Law: Deborah Johnson's Post: Implicit Bias And The Law: 04/12/2016, Deborah Johnson Apr 2016

Trending @ Rwu Law: Deborah Johnson's Post: Implicit Bias And The Law: 04/12/2016, Deborah Johnson

Law School Blogs

Also available @ http://law.rwu.edu/blog/implicit-bias-and-law

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Newsroom: Are You Sure You're Not Prejudiced? 04-07-2016, Roger Williams University School Of Law Apr 2016

Newsroom: Are You Sure You're Not Prejudiced? 04-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff Apr 2016

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.

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Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise Apr 2016

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.

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The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead Apr 2016

The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead

Fordham Urban Law Journal

No abstract provided.

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Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo Apr 2016

Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo

Fordham Urban Law Journal

No abstract provided.

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Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda Apr 2016

Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda

Fordham Urban Law Journal

No abstract provided.

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Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann Apr 2016

Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann

Fordham Urban Law Journal

No abstract provided.

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Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins Apr 2016

Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins

Fordham Urban Law Journal

No abstract provided.

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Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram Apr 2016

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …

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Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse Apr 2016

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.

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High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras Apr 2016

High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras

Cardozo Journal of International and Comparative Law

The note argues that legalizing marijuana in the United States could significantly reduce the racial disparities perpetuated by the war on drugs. It traces the origins of marijuana prohibition to racially motivated policies and highlights how these laws disproportionately affect minority communities. By examining international models and domestic legalization efforts, the article suggests that ending prohibition could address systemic inequities and generate economic benefits.

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We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg Apr 2016

We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg

Cardozo Journal of International and Comparative Law

The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.

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Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz Apr 2016

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

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Foreword: Innocent Until Proven Poor, Sara Zampierin Apr 2016

Foreword: Innocent Until Proven Poor, Sara Zampierin

Faculty Scholarship

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.

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On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours, Eleanor Marie Lawrence Brown Apr 2016

On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours, Eleanor Marie Lawrence Brown

Michigan Law Review

Most modern constitutions have eminent domain provisions that mandate just compensation for forced deprivations of land and require such deprivations to be for a public use or public purpose. The Takings Clause is a classic example of such a provision. The takings literature is essentially focused on outlining the outer boundaries within which the state can take property from an owner. But there are other takings that have been deemed “extraordinary”; in such circumstances, the state takes away property without just compensation and simultaneously makes a point about a person or a group’s standing in the community of citizens.

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Justice Kennedy And The Fisher Revisit: Will The Irrelevant Prove Decisive?, Richard O. Lempert Apr 2016

Justice Kennedy And The Fisher Revisit: Will The Irrelevant Prove Decisive?, Richard O. Lempert

Articles

Most Court watchers expect Justice Kennedy to cast the deciding vote when the Supreme Court hands down its decision in this term’s installment of Fisher v. University of Texas at Austin or, as it is colloquially titled, Fisher II. What divides observers is not whose vote will be crucial, but the law that vote will make. At one extreme, Justice Kennedy could vote to uphold the Fifth Circuit’s reaffirmation of its earlier decision. When the case was heard, this would almost certainly have meant affirming the circuit court’s decision by an equally divided Court. (Justice Kagan, an almost certain supporter …

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Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford Mar 2016

Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford

Fordham Urban Law Journal

No abstract provided.

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