Yale Law Journal. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional...
Yale Law Journal. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional...
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There's a word for why we're all probably at least a little bit racist, even if we really don't want to be: Implicit bias. It's a term that describes what's happening when, despite our best intentions and without our awareness, racial stereotypes and...
Understanding the racial bias you didn't know you had Barack Obama has been confused with a valet. Teachers have lower expectations for black and Hispanic students. Jurors are more likely to see darker-skinned defendants as guilty. Sure, you could...
Miguel Angel Peña-Rodriguez is a victim of discrimination; that, nobody denies. Nine years ago, two teenage girls accused him of sexually assaulting them in a Colorado public bathroom, and a jury convicted based exclusively on the girls’ own testimony...
If even a small amount of racial bias is perceived during “private” jury deliberations, trial judges are permitted to bypass the rule protecting the secrecy of deliberations to ensure defendants get a fair trial, the Supreme Court ruled Monday, March...
I sometimes imagine conference at the U.S. Supreme Court as a bit like some holiday dinners I have attended, events dominated by comments like, “Some people think it’s okay to take the last of the gravy,” or “That pie looks so delicious it makes me wish...
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Yale Law Journal - Do Human Rights Treaties Make a Difference?
111 Yale L.J. 1870 (2002)Do countries comply with the requirements of human rights treaties that they join? Are these treaties effective in chan- ging changing states' behavior for the better? This Ar...
The Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and la...
Yale Law Journal - Fifty Years of Defiance and Resistance After Gideon v. Wainwright
122 Yale L.J. 2150 (2013).In its 1963 ruling Gideon v. Wainwright, the Supreme Court declared the right to a lawyer “fundamental and essential” to fairness in the criminal courts and held that lawyers...
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