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Improving Police Officer Accountability In Minnesota: Three Proposed Legislative Reforms, Jim Hilbert 2021 Mitchell Hamline School of Law

Improving Police Officer Accountability In Minnesota: Three Proposed Legislative Reforms, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.


Arbitrator Diversity: Can It Be Achieved?, Sarah Rudolph Cole 2021 Moritz College of Law, The Ohio State University

Arbitrator Diversity: Can It Be Achieved?, Sarah Rudolph Cole

Washington University Law Review

The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract dispute did not include a black arbitrator highlighted ongoing concerns about the lack of diversity in the arbitrator corps. Given arbitration’s already less formal structure, one method for enhancing its legitimacy among diverse disputants would be to ensure greater diversity among those empowered to make decisions. Increasing diversity of neutral rosters––and more importantly, of the arbitrators ultimately selected from those rosters––may improve the public’s perception of the fairness and impartiality of the ...


Wage Theft Criminalization, Benjamin Levin 2021 University of Colorado Law School

Wage Theft Criminalization, Benjamin Levin

Articles

Over the past decade, workers’ rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians, advocates, and academics: wage theft speaks the language of criminal law, and wage theft is a crime that should be punished. Harshly. Self-proclaimed “progressive prosecutors” have made wage theft cases a priority, and left-leaning politicians in the United States and abroad have begun to propose more criminal statutes ...


License To Discriminate: A Rule For Protecting Limited English Proficient Persons From National Origin Discrimination By State Departments Of Motor Vehicles, Brandon T. Lozeau 2021 Candidate for J.D., Roger Williams University School of Law, 2021

License To Discriminate: A Rule For Protecting Limited English Proficient Persons From National Origin Discrimination By State Departments Of Motor Vehicles, Brandon T. Lozeau

Roger Williams University Law Review

No abstract provided.


Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian 2021 University of Maryland Francis King Carey School of Law

Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian

Journal of Health Care Law and Policy

No abstract provided.


Lawyers For White People?, Jessie Allen 2021 University of Pittsburgh School of Law

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate ...


Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg 2021 Duke Law School

Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg

Faculty Scholarship

What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine ...


Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff 2021 University of New Mexico

Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff 2021 University of New Mexico

Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter 2021 UCLA School of Law

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Articles

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants ...


Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page 2021 FAMU College of Law

Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page

Journal Publications

We have come a mighty long way in our criminal justice system. We have gone from a period of time when people of African descent were not considered humans and were deliberately excluded from serving on jury panels to seeing Black judges, defense attorneys and prosecuting attorneys taking part in selecting more diverse juries. Progress has been made, but how far have we really journeyed, and are the vestiges of racial animus and discrimination from the Jim Crow era truly eradicated? One need not look further than the current criminal trial we are witnessing of former Minneapolis police officer Derek ...


School "Safety" Measures Jump Constitutional Guardrails, Maryam Ahranjani 2021 University of New Mexico - School of Law

School "Safety" Measures Jump Constitutional Guardrails, Maryam Ahranjani

Faculty Scholarship

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...


Antiracism, Reflection, And Professional Identity, Andrew King-Ries, Monte Mills, Eduardo R.C. Capulong 2021 Alexander Blewett III School of Law at the University of Montana

Antiracism, Reflection, And Professional Identity, Andrew King-Ries, Monte Mills, Eduardo R.C. Capulong

Faculty Law Review Articles

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to ...


Unshackling Plea Bargaining From Racial Bias, Elayne E. Greenberg 2021 St. John's University School of Law

Unshackling Plea Bargaining From Racial Bias, Elayne E. Greenberg

Faculty Publications

“History, despite its wrenching pain, cannot be unlived, [but] if faced with courage, need not be lived again.”

Dr. Maya Angelou

When an African American male defendant tries to plea bargain an equitable justice outcome, he finds that the deep-rooted racial bias that casts African American men as dangerous, criminal and animalistic, compromises his justice rights. Plea bargaining has become the preferred process used to secure convictions for upwards of 97 percent of cases because of its efficiency. This efficiency, however, comes at a cost. The structure and process of plea bargaining makes it more likely that the historical racial ...


Tribally Defined Citizenship Criteria: Countering Whiteness As Property Interpretations Of “Indian” For Restoring Inherent Sovereignty, Lori Bable 2021 University of California, Hastings College of the Law

Tribally Defined Citizenship Criteria: Countering Whiteness As Property Interpretations Of “Indian” For Restoring Inherent Sovereignty, Lori Bable

Hastings Race and Poverty Law Journal

This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations’ sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS opinions, especially recently, threaten to further reduce tribal sovereignty insofar as Tribal Nation citizenship remains based upon blood quantum. The case studies examined herein were selected because of the ways they strategically diminished Tribal Nation sovereignty via rhetorical precarity created using equivocations on the meaning of “Indian.” Through articulating how SCOTUS ...


A Necessary Job: Protecting The Rights Of Parents With Disabilities In Child Welfare Systems, Enne Mae Guerrero 2021 University of California, Hastings College of the Law

A Necessary Job: Protecting The Rights Of Parents With Disabilities In Child Welfare Systems, Enne Mae Guerrero

Hastings Race and Poverty Law Journal

No abstract provided.


Antiracism, Reflection, And Professional Identity, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills 2021 University of California, Hastings College of the Law

Antiracism, Reflection, And Professional Identity, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

Hastings Race and Poverty Law Journal

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to ...


From Threat To Victim: Why Stand Your Ground Laws Are Inherently Prejudiced And Do Nothing To Further Justice, Rene Perez 2021 University of California, Hastings College of the Law

From Threat To Victim: Why Stand Your Ground Laws Are Inherently Prejudiced And Do Nothing To Further Justice, Rene Perez

Hastings Race and Poverty Law Journal

Stand Your Ground laws give jurors too much leeway in determining what constitutes a reasonable threat in defense cases.2 By removing the traditional duty to retreat, the reasonableness determination makes or breaks a case and inherently discriminates against people of color. This is because reasonableness can all too easily become a character determination instead of an objective adjudgment. Because Stand Your Ground is present at the investigator’s discretion stage, the prosecutorial discretion stage, and finally the judicial stage through jury instructions and juror bias—there is a unique platform for implicit bias to dictate how defendants are advantaged ...


Rubber Bullets And The Black Lives Matters Protests, Talia Doumani, Jamil Dakwar 2021 American University Washington College of Law

Rubber Bullets And The Black Lives Matters Protests, Talia Doumani, Jamil Dakwar

Human Rights Brief

No abstract provided.


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