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Are Discipline Code Proceedings Another Example of Racial Disparities in Legal Education?
No full textAddressing racism within legal education has historically focused on diversifying the faculty and student body, as well as integrating teaching about institutional and structural racism into the law school curriculum. More recently, law school faculty have begun to focus on creating an inclusive campus culture, which requires looking at all systems and procedures that affect our students\u27 sense of belonging and potential success as students and lawyers. One system that merits this attention is law school disciplinary code proceedings. This Article reviews studies from K-12, undergraduate, and lawyer disciplinary proceedings--all of which have found disparities exist. Given those findings, it is unlikely law school disciplinary code proceedings are a disparity-free zone. Because of the effect of disciplinary code proceedings on students\u27 academic and career trajectories, as well as their emotional well-being, if law schools truly seek to address the institutional, structural, and interpersonal racism within our institutions, this area needs to be explored. The Article argues that law schools should collect demographic data from all phases of disciplinary code proceedings. Without this data, law schools cannot fully understand the impact of systems believed to operate neutrally but are, in fact, not neutral. If, as we suspect, the data shows disparities, the data also moves legal educators from a framework where we believe disparities, if they exist, are unintentional and we have no accountability, to a new framework of collective accountability for institutional practices that systematically disadvantage particular groups. The Article concludes with ideas to help ameliorate disciplinary code proceeding disparities should a law school find that they exist
Racial Capitalism in the Civil Courts
No full textThis Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket settings, including civil courts.The lens of racial capitalism enriches access to justice scholarship by explaining how and why state civil courts subordinate racialized groups and individuals. Civil cases are often framed as voluntary disputes among private parties, yet many racially and economically marginalized litigants enter the civil legal system involuntarily, and the state plays a central role in their subordination through its judicial arm. A major function of the civil courts is to transfer assets from these individual defendants to corporations or the state itself. The courts accomplish this through racialized devaluation, commodification, extraction, and dispossession.Using consumer debt collection as a case study, we illustrate how civil court practices facilitate and enforce racial capitalism. Courts forgo procedural requirements in favor of speedy proceedings and default judgments, even when fraudulent practices are at play. The debt spiral example, along with others from eviction and child support cases, highlights how civil courts normalize, legitimize, and perpetuate the extraction of resources from poor, predominately Black communities and support the accumulation of white wealth
Galaxy Next Gen. v. Ehlert, ORDER ON MOTIONS FOR ABATEMENT, SANCTIONS, REALIGNMENT OF PARTIES
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SB 174: Revising Georgia\u27s List of Bail Restricted Offenses
Get PDFThe Act amends Georgia’s law relating to the general provisions regarding bond and recognizances by revising the list of bail restricted offenses through the addition of both misdemeanor and felony crimes. The Act authorizes appointed judges who are fulfilling a vacancy of an elected judge to issue certain bonds and an unsecured judicial release in certain circumstances
Is the Pandemic Causing a Return to Urban Sprawl?
Get PDFUrban sprawl is a catch-all term and a scapegoat for everything that is bad about urban growth today, such as congestion, blight, monotony, and ecological destruction. In recent decades, sprawl might have attenuated as America experienced a period of urban revival even as technology made working from home (WFH) and shopping from home possible nearly anywhere. The onset of the COVID-19 pandemic has accelerated the adoption of infrastructures and forced firms to rethink the necessity of workplaces. Retailers have accelerated the pace of online sales and home deliveries by years if not decades. These and other advances have decoupled people from their workplaces, shopping and other activities usually associated with density. Indeed, the sudden spurning of urban density attributable to the pandemic raises fundamental questions for the future of cities. While the pandemic has accelerated trends in people moving out of denser neighborhoods in metropolitan areas in favor of smaller metros, suburban, and exurban locations, the major shift in net migration is from a drop in people moving into central cities. This paper contextualizes pandemic era migration literature with prior studies of urban sprawl to derive a useful framework for planners, developers, and decision-makers to better understand how cities expand and to predict the lasting impacts that COVID-19 will leave on U.S. cities
Resilience Re-Examined: Thoughts on the COVID-19 Pandemic\u27s Lessons for Communities
Get PDFPrompted by this century’s major disasters, many local governments have adopted policies, plans, and laws to help guide their response to future natural hazard events. Some communities have prepared plans informed by their firsthand experience with recent catastrophic storms. Other communities have speculated about potential disaster scenarios; they have imagined the work involved in rebuilding their towns following an event that would threaten residents’ homes, health, and livelihoods. COVID-19 gives communities reason to reshape thinking around natural hazards planning. The ongoing pandemic should cause local governments to revisit and rework their plans for facilitating community recovery following a disaster. By providing a detailed nationwide picture of populations at risk from acute shocks to our economic, healthcare, and educational systems, COVID-19 highlights how communities are broadly vulnerable—beyond even the significant adversities revealed by a major hurricane, flood, or earthquake event. This essay examines a few ways that COVID-19 is reframing how we must plan for disaster response and recovery. Discussion of these changes will include consideration of: (1) the core focus that both philanthropic and government funders must place on making investments that promote equity; (2) the increasing incidence of serial disaster events and the imperative that local governments plan to navigate response to and recovery from successive hazard events; and (3) the important role that a robust infrastructure for data collection and analysis must play in promoting effective disaster response and long-term recovery