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Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr 2019 University of California, Hastings College of the Law

Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr

Hastings Race and Poverty Law Journal

No abstract provided.


The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac 2019 University of California, Hastings College of the Law

The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead, 2019 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin 2019 University of California, Hastings College of the Law

Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin

Hastings Race and Poverty Law Journal

No abstract provided.


Death In The Shadows, Mary Campbell Dr., Lucille Jewel 2019 University of California, Hastings College of the Law

Death In The Shadows, Mary Campbell Dr., Lucille Jewel

Hastings Race and Poverty Law Journal

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939) (fig.1), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national ...


Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan 2019 University of California, Hastings College of the Law

Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan

Hastings Race and Poverty Law Journal

No abstract provided.


The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano 2019 University of California, Hastings College of the Law

The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano

Hastings Race and Poverty Law Journal

No abstract provided.


The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer 2019 University of California, Hastings College of the Law

The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Hastings Race and Poverty Law Journal

No abstract provided.


Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu 2019 University of California, Hastings College of the Law

Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu

Hastings Race and Poverty Law Journal

No abstract provided.


Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams 2019 Seattle University School of Law

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams

American Indian Law Journal

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for ...


Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph 2019 Seattle University School of Law

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. McNeal 2019 University of Louisville

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Laura R. McNeal

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.


Introduction, Deborah W. Post 2019 Touro Law Center

Introduction, Deborah W. Post

Deborah W. Post

No abstract provided.


A Retrospective On Race: The View From Long Island, Deborah W. Post 2019 Touro Law Center

A Retrospective On Race: The View From Long Island, Deborah W. Post

Deborah W. Post

No abstract provided.


Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle 2019 American University Washington College of Law

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle

University of Miami Law Review

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between “us” versus “them” on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership ...


Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar 2019 Stanford Law School

Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar

Michigan Law Review

U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other ...


Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi 2019 University at Albany, State University of New York

Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi

Criminal Justice

This study investigates the relations between citizens’ perceptions of how police misconduct as a factor contributing to wrongful convictions is connected to attitudes towards police legitimacy. I hypothesized that there would be a negative correlation between the two variables such that the more individuals believe police error contributes to wrongful convictions, the less legitimate they perceive the police to be. I also examined how citizens’ race affects these perceptions and attitudes, too, and hypothesized that Black citizens are more likely than White citizens to believe police error leads to wrongful conviction and mistrust the police. To test the hypotheses data ...


Racial Indirection, Yuvraj Joshi 2019 Yale Law School

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance 2019 University of Florida Levin College of Law

Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance

Jason P. Nance

In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S ...


The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola 2019 Elisabeth Haub School of Law at Pace University

The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola

Pace Law Review

The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially ...


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