This Article reveals the hidden influence of slavery in contemporary law and explores the issues created by the profession’s failure to address this legacy. It finds that slave cases are cited at equivalent rates to other cases decided at the same time in the same courts and uses newly available citation data to estimate that 18% of all American reported cases are within two citations of a slave case. The pervasive influence of the law of slavery on contemporary American law raises hard questions about what it means to acknowledge and redress the terrible damage that slavery inflicted. It also raises questions about the law these deci- sions helped create. Scholars and judges have mostly avoided these questions by treating slave cases, especially those involving routine legal matters, as ordinary law. This Article suggests that this treatment is unjustified. Slave cases are too deeply entwined in American law to completely excise their influence but ignoring that influence should no longer be an option.
“A fully operational HB 7 will enable a purge of race scholarship and race scholars in Florida’s colleges and universities, as a result of the law’s targeting of these scholars and their scholarship.”
Although cloaked in the rhetoric of rehabilitation and restorative justice, prison industries have an ugly and disturbing history that is entwined with slavery and post-Civil War Reconstruction-era judicial policies. The continued racial disparities in the U.S. prison system require a
Brooks Emanuel∞ Abstract This article argues that because of the North Carolina Supreme Court’s failure to perform its statutorily mandated comparative proportionality review of all death sentences, North Carolina’s imposition of the death penalty violates the Eighth and Fourteenth Amendments
I understood death to be an essential part of life, but understanding this fact still didn’t make the experience of losing someone dear any easier.