Law Review Articles
This Article argues that the casual home invasions of the family regulation system are not just another story of lawless state action carried out by rogue actors or of an adversarial system failing to function. Instead, this is a story of a problem-solving system functioning exactly as it was designed. The problem-solving model emphasizes informality,…
Certain members of society are more vulnerable and require more protection than others; minors are but one example. Society recognizes the unique position of children and adolescents in other areas of law and investigatory procedures. That same recognition should be extended to custodial interrogations of minors charged with acts of juvenile delinquency so that appropriate…
In this Article, we call for greater nuance and careful treatment of rap-related evidence in the courtroom, which includes recognizing rap’s history, conventions, and practices generally, and acknowledging rap’s complicated and complex intersection with gangs specifically. Greater nuance and more careful treatment will enable courtroom members, including judges and jurors, to make better informed evaluations…
This paper analyzes how race and reproductive healthcare are used as carceral tools of racial oppression that emanate from slavery. I argue that both mass incarceration and the denial of reproductive health services for Black women must be abolished as a way of abolishing vestiges of slavery. Part II contextualizes the historical control of Black…
This Article suggests that doing non-extractive research, what some have called liberation science,7 involves transformation starting from the earliest stages of the research process to upend implicit hierarchies of knowledge and power. Part I of this Article explains the concept of wicked problems and documents the embedded wicked problem of structural racism. Part II focuses…
This article situates trauma within the Supreme Court’s mitigation framework for adolescents. The framework is based on the developmental research recognized by the Supreme Court in three landmark cases—Roper v. Simmons, Graham v. Florida, and Miller v. Alabama.
The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred.…
This article calls for the categorical exclusion of young children from juvenile court jurisdiction as a pathway toward the abolition of the juvenile legal system in its current form. This article highlights the landscape of age-based jurisdictional boundaries across the country: 24 states have no minimum age of arrest and prosecution, while 18 states have…
In re Personal Restraint of Asaria Miller, at the urging of merits counsel from the University of Washington’s Race and Justice Clinic, supported by amicus counsel from Seattle University School of Law’s Civil Rights Clinic, the Washington State Court of Appeals took an important step in accounting for the ways that youth of color likely…
This article makes the argument against the imposition of life without parole for young people who commit felony murder using an adolescent development framework. The author analyzes existing case law to outline that, just as the U.S. Supreme Court found the death penalty inappropriate for felony murder and relied on adolescent brain development research in…
This article calls for the use of the Thirteenth Amendment to abolish federal and state gang statutes. Highlighting the lineage of modern-day gang statutes from Black Codes to vagrancy laws from the Jim Crow era to gang injunctions, this article establishes how current gang statutes remain as “badges and incidents” of slavery. This article walks…
This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals that imputed liability murder is anything but a fringe subtype of homicide: an astounding…
