ABSTRACT Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic claims and there are barriers to...
Municipal Fair Housing Act Litigation and Reparations
ABSTRACT This Comment argues that a recent vein of litigation involving the FHA should be considered a promising type of reparations litigation, one uniquely positioned to achieve reparative ends that other types of this litigation have failed to accomplish. The FHA litigation involves more than a dozen local governments that have filed complaints against mortgage lenders. These municipal...
The Path to Municipal Liability for Racially Discriminatory Policing
ABSTRACT Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic claims and there are barriers...
Race, Racism, and Police Use of Force in 21st Century Criminology: An Empirical Examination
ABSTRACT Race scholars have voiced concerns about the field of criminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field’s overly positivist approach that privileges “white logics” that obscure the nuance of race relations to methodological critiques on how the field understands the significance of race in its models...
The Gender of Gideon
ABSTRACT This Article makes a simple claim that has been overlooked for decades and yet has enormous theoretical and practical significance: the constitutional guarantee of counsel adopted by the U.S. Supreme Court in Gideon v. Wainwright accrues largely to the benefit of men. In this Article, we present original data analysis demonstrating that millions of women face compulsory and highly...
The WTO Waiver on COVID-19 Vaccine Patents
Abstract In 2020, India and South Africa proposed a waiver (TRIPS Waiver) to temporarily suspend the protection of COVID-19 related intellectual property rights of countries belonging to the World Trade Organization (WTO). Disagreements between developing and developed countries over how to proceed stalled the adoption of the TRIPS Waiver until 2022. This was not the first time such a...
Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer Ethics
Abstract Lawyers are no longer the only legal practitioners. In several states and trending toward more, lawyers now share their so-called monopoly over the practice of law with nonlawyer practitioners (NPs). These NPs may practice law without the supervision of lawyers and, like nurse practitioners who provide greater access to medicine, this newborn class of legal professionals was created to...
Season 7, Episode 5: Tribal Sovereignty, Decolonization, and Abolition with Grace Carson
In this episode, Grace Carson discusses the intersections of abolition theory and decolonization theory, and how Tribes should reconsider systems of punishment and instead create systems of care and liberation as outlined in her article, Tribal Sovereignty, Decolonization, and Abolition: Why Tribes Should Reconsider Punishment, which will be punished in December 2022. Dialectic UCLA Law Review ·...