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Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin 2014 John Marshall Law School

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …


Racial Templates, Richard Delgado, Juan F. Perea 2014 University of Alabama School of Law

Racial Templates, Richard Delgado, Juan F. Perea

Michigan Law Review

This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched all the way to …


Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose 2014 Boston University School of Law

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose

Faculty Scholarship

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …


Let's Talk About Race, Ronald E. Wheeler 2014 Boston University School of Law

Let's Talk About Race, Ronald E. Wheeler

Faculty Scholarship

Despite other scholars’ suggestions that law librarianship and the American Association of Law Libraries lack diversity, Mr. Wheeler examines numerical and anecdotal data indicating that efforts to promote racial and ethnic diversity within AALL and the profession are beginning to show positive results.


A Defense Of Stand Your Ground Legislation, Jarrett Field '14 2014 Ursinus College

A Defense Of Stand Your Ground Legislation, Jarrett Field '14

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.


Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton 2014 University of Miami School of Law

Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton

Articles

No abstract provided.


Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov 2014 Barry University

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Faculty Scholarship

No abstract provided.


Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James 2014 University of Miami School of Law

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

Articles

Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …


Interactions Between African Americans And Police Officers: How Cultural Stereotypes Create A Wrongful Conviction Pipeline For African Americans, Cynthia J. Najdowski 2014 University at Albany, State University of New York

Interactions Between African Americans And Police Officers: How Cultural Stereotypes Create A Wrongful Conviction Pipeline For African Americans, Cynthia J. Najdowski

Psychology Faculty Scholarship

Erroneous convictions are not as rare as one might expect and when they occur, the wrongfully accused are more often African American than White: Of those who were wrongfully convicted and later exonerated in the last quarter century, 47% were African American (The National Registry of Exonerations, 2013), even though only 13% of the U.S. population is (Rastogi, Johnson, Hoeffel, & Drewery, 2011). Yet Gould, Carrano, Leo, and Young’s (2013) recent analysis of miscarriages of justice indicated that race does not reliably differentiate between cases in which innocent defendants are wrongfully convicted as opposed to rightfully acquitted. They suggested that, …


Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda 2014 UIC School of Law

Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda

UIC Law Review

No abstract provided.


A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul 2014 American University Washington College of Law

A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul

The Modern American

No abstract provided.


The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado 2014 UIC School of Law

The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado

UIC Law Review

No abstract provided.


The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize 2014 UIC School of Law

The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize

UIC Law Review

No abstract provided.


The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano 2014 UIC School of Law

The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano

UIC Law Review

No abstract provided.


Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin 2014 UIC School of Law

Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin

UIC Law Review

This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing two federal court cases involving Cherokee Freedmen and citizenship: Vann v. United States DOI and Cherokee Nation v. Nash.


Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart 2014 UIC School of Law

Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart

UIC Law Review

No abstract provided.


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian 2014 Unviersity of California, Berkeley School of Law

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …


The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram 2014 UC Law SF

The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram

UC Law Journal of Race and Economic Justice

The fallout of the financial crisis continues to have major effects across the American correctional landscape. Federal and state budgetary limits have slowed and even reversed what were thought to be ever-rising incarceration rates. While this has successfully led to less punitive policies regarding the death penalty and the war on drugs, incarceration practices have affected punitivism in more complex ways. This article explores the correctional changes prompted by the financial crisis that are being made not at the ballot box, but behind closed doors. The outcomes of negotiations between prison administrators and private service providers, or amongst state governments, …


Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell 2014 University of the District of Columbia David A Clarke School of Law

Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell

Journal Articles

United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …


Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes 2014 University of Miami School of Law

Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes

Articles

No abstract provided.


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