Excerpt from The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy
Explaining a new concept of race and power, called political race, through the metaphor of a miner's canary. This concept links race with social movements.
The Review: Volume 27
Preview
Issue 1
featuring
Issue 4
featuring
- Closing the Circle: Case v. Nebraska and the Future of Habeas Reform
- Understanding the Public Health Policies behind Ferguson
- Suspect Choices: Lineup Procedures and the Abdication of Judicial and Prosecutorial Responsibility for Improving the Criminal Justice System
- Is the Attorney General the Custodian of An Ins Detainee - Personal Jurisdiction and the Immediate Custodian Rule in Immigration-Related Habeas Actions
Issues 2 & 3
featuring
- Cruel and Unusual Punishment: A Reconsideration of the Lackey Claim
- Capital Punishment as Closure: The Limits of a Victim-Centered Jurisprudence
- Amici Curiae Brief of New York Law School Professors in People v. Harris: Constitutionality of the New York Death Penalty Statute under the State Constitution's Cruel and Unusual Punishments and Antidiscrimination Clauses
- Comparative Proportionality Reviews Reconceptualized: Categorizing Mitigation and Satisfying the Eighth Amendment in the Death Penalty
In Depth Reading
Volume 27 Issue 1
Political Race, Faith and the Democratic Process
Using the theories of political race to understand social movements, and how white organizers can and should defer to people of color within the movement.
A Performative Critique of Democracy
A poem from the Blackout Arts Collective, exploring themes of movement-building through poetry.
Accessing Higher Education as a Multiracial Movement
Analyzing affirmative action policies as part of the "political race" movement, focusing on the lawsuits against the University of Michigan as a case study.
Volume 27 Issue 4
Is the Attorney General the Custodian of An Ins Detainee - Personal Jurisdiction and the Immediate Custodian Rule in Immigration-Related Habeas Actions
AG should be the custodian of immigrants in INS custody (not the warden), and habeas corpus actions should be directed at the AG as the appropriate respondent.
Closing the Circle: Case v. Nebraska and the Future of Habeas Reform
There needs to be effective state postconviction procedures; looks at Case v. Nebraska and builds upon that principle while offering further suggestions.
Suspect Choices: Lineup Procedures and the Abdication of Judicial and Prosecutorial Responsibility for Improving the Criminal Justice System
The Court and the prosecution in People v. Franco failed in improving criminal justice system by not adopting lineup reforms.
Understanding the Public Health Policies behind Ferguson
The flaws of the public health system played a role in exacerbating legal issues of pregnant women being arrested in hospitals.
Volume 27 Issues 2 & 3
Comparative Proportionality Reviews Reconceptualized: Categorizing Mitigation and Satisfying the Eighth Amendment in the Death Penalty
Comparative proportionality review protects death penalty defendants' procedural rights and ensures fairness and compliance with the Eighth Amendment.
Amici Curiae Brief of New York Law School Professors in People v. Harris: Constitutionality of the New York Death Penalty Statute under the State Constitution's Cruel and Unusual Punishments and Antidiscrimination Clauses
Amici are teachers in New York law schools who have studied the operation of the death penalty for the purpose of teaching the subject, writing about it in scholarly journals, or representing persons accused or convicted of capital crimes. Most
Unlimited Innocence: Recognizing an Actual Innocence Exception to AEDPA's Statute of Limitations
Is AEDPA's statute of limitations constitutional in barring habeas corpus petitions in situations where petitioners can make a "colorable showing" of innocence.
Greasing the Wheel: How the Criminal Justice System Hurts Gay, Lesbian, Bisexual and Transgendered People and Why Hate Crime Laws Won't Save Them
The death penalty is an issue that affects the LGBT community and that hate crime legislation is not helpful to advancing the interests of the community.