"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System,
2011
American University Washington College of Law
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Family Medical Leave Act: What You See And What You Get,
2011
American University Washington College of Law
The Family Medical Leave Act: What You See And What You Get, Robin R. Cockey
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Overwhelmed By Big Consolidation: Bringing Back Regulation To Increase Diversity In Programming That Serves Minority Audiences,
2011
Indiana University Maurer School of Law
Overwhelmed By Big Consolidation: Bringing Back Regulation To Increase Diversity In Programming That Serves Minority Audiences, Caridad Austin
Federal Communications Law Journal
This Note addresses diversity in the media and the need for regulation that will enhance programming so that it is inclusive of minority audiences. It begins by analyzing the historical development of diversity in the media through landmark cases, such as Metro Broadcasting, Inc. v. Federal Communications Commission, and it addresses the consolidating effects of the Telecommunications Act of 1996 and the FCC's 2003 Report and Order. It argues that despite technological growth, the FCC's open market regulatory approach of the last three decades has resulted in a lack of diverse perspectives in the media and that the FCC needs …
Odious Discrimination And The Religious Exemption Question,
2011
Cornell Law School
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Cornell Law Faculty Publications
Recently, claims have been asserted that religious exemptions should be afforded to individuals who object to providing public and commercial services to gay and lesbian individuals, as otherwise mandated by law (e.g., municipal clerks who must grant same-sex marriage licenses, or commercial vendors who are asked to serve at same-sex weddings). This article argues that just as religious exemptions of this sort are not granted for discrimination on the basis of race, religion, national origin, or gender, they should not be granted for discrimination on the basis of sexual orientation or transgender status. Discrimination on the basis of an individual's …
Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability,
2011
University of North Carolina
Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall
Cardozo Law Review
No abstract provided.
Odious Discrimination And The Religious Exemption Question,
2011
Cornell University
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Cardozo Law Review
No abstract provided.
Introduction,
2011
Seattle University School of Law
Introduction, Hon. Steven C. Gonzàlez
Seattle University Law Review
At Seattle University School of Law’s Symposium on Racial Bias and the Criminal Justice System, students, faculty, judges, scholars, lawyers, and community members gathered to address racial disparity in the criminal justice system and to explore ways to keep the promise of our democracy that we all are equal before the law. Race, ethnicity, skin color, and national origin profoundly influence our legal structure and our liberty. The way that race influences perceptions and actions is critically important in the context of our criminal justice system—a system that changes lives, disrupts and protects communities, and represents a key part of …
“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System,
2011
Seattle University School of Law
“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender
Seattle University Law Review
Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III …
Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol,
2011
Seattle University School of Law
Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill
Seattle University Law Review
Racial profiling violates the United States Constitution’s premise that all people are equal under the law, as well as the Fourth Amendment’s guarantee that people should be free from unreasonable searches and seizures. Racial profiling has been found to result from individual officer racism or stereotyping, from institutionalized biases, and from the organizational culture of law enforcement agencies. We begin this Article by discussing the history of racial profiling before proceeding to consider various studies from a select number of American jurisdictions. We then examine important methodological and theoretical issues in conducting research on racial profiling and racially biased policing, …
Actual Versus Perceived Performance Of Judges,
2011
Seattle University School of Law
Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Seattle University Law Review
Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All,
2011
Seattle University School of Law
O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert
Seattle University Law Review
This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in …
The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion,
2011
Seattle University School of Law
The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion, Robert J. Smith, Justin D. Levinson
Seattle University Law Review
The Article is organized as follows: Part II provides an introduction to implicit bias research, orienting readers to the important aspects of implicit bias most relevant to prosecutorial discretion. Part III begins the examination of implicit bias in the daily decisions of prosecutors. The Part presents key prosecutorial discretion points and specifically connects each of them to implicit bias. Part IV recognizes that, despite compelling proof of implicit bias in a range of domains, there is no direct empirical proof of implicit bias in prosecutorial decision-making. It thus calls for an implicit bias research agenda designed to further examine how …
Slavery Revisited In Penal Plantation Labor,
2011
Seattle University School of Law
Slavery Revisited In Penal Plantation Labor, Andrea C. Armstrong
Seattle University Law Review
This Article argues that society must critically examine the types of labor we require our inmates to perform and prohibit the imposition of slavery, even when the enslaved is an inmate. Part II focuses on the text and history of Section 1 of the Thirteenth Amendment11 and argues that the Amendment’s exception allowing forced inmate labor is not as broad as it first appears. Part III examines the Eighth Amendment and how the imposition of slave status on inmates should be considered cruel and unusual punishment. Lastly, Part IV applies these concepts to the history and operation of one such …
Preliminary Report On Race And Washington's Criminal Justice System,
2011
Seattle University School of Law
Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System
Seattle University Law Review
For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. We found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes.We found that use of arrest rates likely overstates black crime commission rates for several reasons.68 But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by commission …
Analyzing Stops, Citations, And Searches In Washington And Beyond,
2011
Seattle University School of Law
Analyzing Stops, Citations, And Searches In Washington And Beyond, Mario L. Barnes, Robert S. Chang
Seattle University Law Review
Racial disproportionality in the criminal justice system is a fact. But the fact of racial disproportionality is the beginning and not the end of the conversation. The fact that blacks are overrepresented in stop, arrest, charge, pretrial detention, conviction, and incarceration statistics demonstrates only correlation and not causation. A number of commentators caution that disproportionality and the overrepresentation of blacks, Native-Americans, and Hispanics in Washington State’s prisons do not prove racial discrimination. Further, the fact of disproportionality at each stage of criminal justice processing does not prove that racial discrimination occurs at each particular stage. For example, the observed disproportionality …
Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys,
2011
Seattle University School of Law
Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon
Seattle University Law Review
This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.
“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday,
2011
Seattle University School of Law
“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday, Michael Callahan
Seattle University Law Review
This Note argues that of the three opinions from Monday, Washington state courts should follow Chief Justice Madsen’s concurring opinion. The Monday decision also raises three questions that none of the opinions adequately answer: who does Monday apply to, what conduct does Monday forbid, and what is the legal source of the rules from Monday? The court will have to answer these questions in the future to determine the scope of its new rules. Part II of this Note discusses how Washington courts previously addressed the issue of prosecutorial misconduct and appeals to racial bias in trials. Part …
The Rights Of The Child,
2011
Washington and Lee University School of Law
The Rights Of The Child, Catherine Smith
Scholarly Articles
There are certainly upsides and downsides to pursuing the rights of children of LGBTs that must be thoroughly vetted. On one hand, a focus on the rights of children of gays and lesbians offers another avenue to push for equality by recognizing that discrimination extends to individuals because of their relationship to LGBTs, on the other hand, it may be viewed as bootstrapping or an end-run around lawful discrimination against LGBTs. On one hand, a child-centered approach to LGBT issues may contribute to the children’s rights movement, however, the same principles developed to seek recourse for these children could be …
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers,
2011
University of Baltimore School of Law
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson
All Faculty Scholarship
This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.
The Financial Costs And Legal Repercussions Of Marriage Inequality,
2011
University of Georgia School of Law
The Financial Costs And Legal Repercussions Of Marriage Inequality, Lisa Milot, Kim Mellen
Working in the Public Interest Conferences
Discusses the financial and legal consequences that couples face when their unions are not recognized by the State.
