The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, 2016 Duke Law School
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Race, Class, And Access To Civil Justice, 2016 Duke Law School
Race, Class, And Access To Civil Justice, Sara Sternberg Greene
Faculty Scholarship
After many years of inattention, policymakers are now focused on troubling statistics indicating that members of poor and minority groups are less likely than their higher-income counterparts to seek help when they experience a civil justice problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience a civil justice problem, and inaction is even more pronounced among poor blacks. Past work on access to civil justice largely relies on unconfirmed assumptions about the behavior patterns and needs of those experiencing civil justice problems. At a time when increased attention and resources are being devoted to …
What's Wrong With Sentencing Equality?, 2016 Cardozo Law School
What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
All Faculty Scholarship
Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …
The Antidemocratic Sixth Amendment, 2016 University of Cincinnati College of Law
The Antidemocratic Sixth Amendment, Janet Moore
Faculty Articles and Other Publications
Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …
Whren's Flawed Assumptions Regarding Race, History, And Unconscious Bias, 2016 University of Pittsburgh School of Law
Whren's Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Articles
This article is adapted from remarks presented at CWRU Law School's symposium marking the 20th anniversary of Whren v. United States. The article critiques Whren’s constitutional methodology and evident willful blindness to issues of social psychology, unconscious bias, and the lengthy American history of racialized conceptions of crime and criminalized conceptions of race. The article concludes by suggesting a possible path forward: reconceptualizing racially motivated pretextual police encounters as a badge or incident of slavery under the Thirteenth Amendment issue rather than as abstract Fourth or Fourteenth Amendment issues.
"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, 2016 University of Washington School of Law
"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes
Articles
No abstract provided.
Dismantling The School-To-Prison Pipeline: Tools For Change, 2016 University of Florida Levin College of Law
Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance
UF Law Faculty Publications
The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This article analyzes the school-to-prison pipeline’s devastating consequences on students, its causes, and its disproportionate impact on students of color. But most importantly, this article comprehensively identifies and describes specific, evidence-based tools to dismantle the school-to-prison pipeline that lawmakers, school administrators, and teachers in all areas can immediately …
Black Contemporary Social Movements, Resource Mobilization, And Black Musical Activism, 2016 University of Georgia School of Law
Black Contemporary Social Movements, Resource Mobilization, And Black Musical Activism, Andrea L. Dennis
Scholarly Works
In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country’s attention. Multiple groups are pressing for change, including Ferguson Action, Black Lives Matter, Say Her Name, and the leaderless social media effort organized by DeRay McKesson and Johnetta Elzie, to name a few. These fledgling activist groups have already experienced some success, garnering public attention and government response. As it currently stands, this nascent civil-rights …
Racial Emotions And The Feeling Of Equality, 2016 University of Colorado Law School
Racial Emotions And The Feeling Of Equality, Janine Young Kim
University of Colorado Law Review
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial emotions can be analyzed and evaluated, employing three theories of emotion that have developed in various disciplines within the humanities and social sciences. These theories reveal that racial emotions are not idiosyncratic and elusive, but instead relate to reason and values, to social membership and hierarchy, …
Marriage Equality And Marital Supremacy, 2016 University of Pennsylvania Carey Law School
Marriage Equality And Marital Supremacy, Serena Mayeri
All Faculty Scholarship
No abstract provided.
When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, 2016 Pitzer College
When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn
Pitzer Senior Theses
This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.
The Effect Of Victim Religion On Juror Perceptions Of Hate Crimes, 2016 University of Kentucky
The Effect Of Victim Religion On Juror Perceptions Of Hate Crimes, Casey Magyarics
Theses and Dissertations--Psychology
The present study investigated mock juror perceptions of hate crimes in the courtroom, specifically whether a victim’s religion (Atheist, Christian, Jewish, or Muslim) influenced the likelihood that a mock juror would render a hate crime verdict. I employed a mock juror methodology where participants read an assault trial summary, rendered a verdict, and answered a series of rating questions about the victim and defendant. Two theoretical explanations were proposed to explain the main effect of victim religion on participant verdict decisions; that participants would be most likely to render a guilty verdict when the victim is considered an in-group member …
The Free Blacks Of Virginia: A Personal Narrative, A Legal Construct, 2016 University of New Mexico - School of Law
The Free Blacks Of Virginia: A Personal Narrative, A Legal Construct, Sherri L. Burr
Faculty Scholarship
The existence of the Free Blacks of Virginia as a group in United States history would surprise most Americans. The common narrative is that all Africans were brought to this country as slaves with no rights, and systematically received legal privileges after the Civil War in the 1860s and the Civil Rights struggle a century later. The reality differs from this assumption. The first Africans who landed on the shores of Virginia in 1619 began their lives as indentured servants similar to many European immigrants. After finishing their terms of service, these Africans were accorded liberties such as the right …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), 2016 Roger Williams University
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
RWU Law
No abstract provided.
Challenging Boardroom Homogeneity, 2016 St. John's University School of Law
Challenging Boardroom Homogeneity, Cheryl L. Wade
Faculty Publications
(Excerpt)
Over the past two years, US citizens have heard a great deal about diversity as it relates to race in general, and African Americans in particular. A string of deaths of unarmed African American men at the hands of white police officers has galvanized the nation’s attention. When Michael Brown was shot and killed in Ferguson, Missouri in August, 2014, there was a considerable amount of discussion about the gross underrepresentation of African Americans on the police force and among local politicians. Many observers believed that a racially-homogenous police force and the homogeneity among political leaders partially explained the …
Confronting The Carceral State, 2016 Georgetown University Law Center
Confronting The Carceral State, Allegra M. Mcleod
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, 2016 University of Michigan Law School
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Articles
At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, 2016 University of Michigan Law School
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr
Articles
In this Article, I explore why measuring disparate-treatment discrimination by police is so difficult, and consider the ways that researchers' existing tools can make headway on these challenges and the ways they fall short. Lab experiments have provided useful information about implicit racial bias, but they cannot directly tell us how these biases actually affect real-world behavior. Meanwhile, for observational researchers, there are various hurdles, but the hardest one to overcome is generally the absence of data on the citizen conduct that at least partially shapes policing decisions. Most crime, and certainly most noncriminal "suspicious" or probable-cause-generating behavior, goes unreported …
For Better Or For Worse: An Exploration Of Law And Black Identity In America, 2016 Bard College
For Better Or For Worse: An Exploration Of Law And Black Identity In America, Tareian Alexis King
Senior Projects Spring 2016
Senior Project submitted to The Division of Social Studies of Bard College.
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, 2016 Columbia Law School
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
Faculty Scholarship
Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …