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Eugenics, Jim Crow, And Baltimore's Best, Garrett Power 2016 University of Maryland School of Law

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.


Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz 2016 Stanford Program in Neuroscience and Society at Stanford Law School

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …


Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School of Law 2016 Roger Williams University

Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter 2016 University of Richmond School of Law

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.


Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Morality In Race Relations, Joseph T. Leonard, S.S.J. 2016 St. John's University School of Law

Morality In Race Relations, Joseph T. Leonard, S.S.J.

The Catholic Lawyer

No abstract provided.


Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


The Legality Of De Facto Segregation, Charles E. Rice 2016 St. John's University School of Law

The Legality Of De Facto Segregation, Charles E. Rice

The Catholic Lawyer

No abstract provided.


A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin 2016 University of Georgia School of Law

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.


Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright 2016 North Carolina Central University School of Law

Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright

North Carolina Central Law Review

No abstract provided.


Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton 2016 DePaul University College of Law

Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton

Michigan Journal of Race and Law

This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer’s and client’s racial sameness impact legal representation. This Article brings together three strands of lawyering theory – the role of race in lawyering, critical race theory, and the role of the lawyer in intra-race legal representation. In doing so, this Article explores a number of provocative questions: Does being the same race as their clients make lawyers better legal representatives? Should lawyers of color embrace or resist race’s …


The Tyranny Of Small Things, Yxta Maya Murray 2016 Loyola Law School

The Tyranny Of Small Things, Yxta Maya Murray

Michigan Journal of Race and Law

In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …


Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle 2016 University of Pennsylvania Law School

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

Michigan Journal of Race and Law

This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …


Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt 2016 University of Michigan Law School

Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt

Michigan Journal of Race and Law

Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …


What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas 2016 Benjamin N. Cardozo School of Law

What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Articles

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 …


Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson 2016 Drexel University Thomas R. Kline School of Law

Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson

Cardozo Law Review

This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination-patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens that they …


Normative History And Congress's Enforcement Power Under The Reconstruction Amendments, Edward Cantu 2016 University of Missouri - Kansas City, School of Law

Normative History And Congress's Enforcement Power Under The Reconstruction Amendments, Edward Cantu

Faculty Works

As an originalist matter, what degree of logistical power did the Framers of the Reconstruction Amendments want Congress to have in actualizing the substantive guarantees of those amendments? In the 1990s the Court, seeking to revive its federalism vigilance, answered: "relatively limited power." Scholars pounced, and it quickly became "settled" in the scholarly literature that the Court had misread the historical record regarding the Framers' intent. Despite the scholarly reactions, the Roberts Court has carried the Rehnquist Court's torch on this interpretative matter. As such, strident accusations of conservative judicial activism toward the Roberts Court have paralleled the charges leveled …


Black Health Matters: Disparities, Community Health, And Interest Convergence, Mary Crossley 2016 University of Pittsburgh School of Law

Black Health Matters: Disparities, Community Health, And Interest Convergence, Mary Crossley

Michigan Journal of Race and Law

Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories, with only limited progress in narrowing the health gap between whites and racial and ethnic minorities. The implementation of the Affordable Care Act (ACA) and the movement toward value-based payment methods for health care may supply a new avenue for addressing disparities. This Article argues that the ACA’s requirement that tax-exempt …


Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School of Law 2016 TIME Magazine

Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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