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.
The Review: Volume 27
Preview
Issue 1
featuring
Issue 4
featuring
- Suspect Choices: Lineup Procedures and the Abdication of Judicial and Prosecutorial Responsibility for Improving the Criminal Justice System
- Understanding the Public Health Policies behind Ferguson
- Closing the Circle: Case v. Nebraska and the Future of Habeas Reform
- 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
- 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
- Capital Punishment as Closure: The Limits of a Victim-Centered Jurisprudence
- Unlimited Innocence: Recognizing an Actual Innocence Exception to AEDPA's Statute of Limitations
- When the State Is Silent: An Analysis of AEDPA's Adjudication Requirement
In Depth Reading
Volume 27 Issue 1
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.
Divide and Conquer: The Challenges of Multiracial Politics
Applying the theories of political race and the Miner's Canary to discuss anti-Asian policies and sentiments in the USA.
A Performative Critique of Democracy
A poem from the Blackout Arts Collective, exploring themes of movement-building through poetry.
Volume 27 Issue 4
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.
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.
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
When the State Is Silent: An Analysis of AEDPA's Adjudication Requirement
Analyzing AEDPA and arguing that perfunctory state opinions in habeas corpus cases should be reviewed de novo rather than deferring to state courts.
Cruel and Unusual Punishment: A Reconsideration of the Lackey Claim
Delays associated with capital punishment implicate constitutional issues; article explores a potential basis for it (i.e. Eighth Amendment, Sixth Amendment).
Capital Punishment as Closure: The Limits of a Victim-Centered Jurisprudence
The concept of closure and how it relates to incarcerated individuals, victims, and how it cannot be used to justify the death penalty.
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