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Race-Based Defenses--The Insights of Traditional Analysis
(Arkansas Law Review, 2002)
The determination of whether racialized defenses should be permitted depends upon a number of factors. Professor Alfieri is right to emphasize race-consciousness as an important variable, but wrong to give it dispositive ...
Does Unconscious Racial Bias Affect Trial Judges
(Notre Dame Law Review, 2009)
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit ...
Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection
(New York University Law Review, 1993)
Racial and ethnic minorities continue to be substantially underrepresented on criminal
juries. At all stages of jury selection-venue choice, source list development, qualified
list development, and jury panel and foreperson ...
Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction
(Georgetown Law Journal, 1984)
The equal protection clause, ambiguous in its language and its history,' has
over the last three decades been transformed from the "last resort of constitutional
arguments' into a significant force in shaping the American ...