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Hepatitis C Treatment in Prisons: How the Sixth Circuit\u27s Interpretation of the Deliberate Indifference Standard Fails To Protect Healthcare Rights Under the Eighth Amendment
Get PDFRestoring Faith in Military Justice
Get PDFThe military justice system was designed to maintain good order and discipline, strengthen national security, and achieve justice. After military leaders failed to effectively address the sexual assault crisis within the armed forces, Congress lost faith in this system. In response, Congress enacted sweeping legislative reform, transferring prosecutorial discretion for the most serious offenses from commanders to military lawyers. Unlike civilian prosecutions, most decisions within the military justice system have overwhelmingly favored one consideration: maintaining good order and discipline in the unit. While Congress’s reforms change who makes the decisions in many cases, they will have little effect unless military leaders also broaden the underlying criteria upon which their recommendations and decisions are made.
This Article proposes an innovative framework to assist military leaders in implementing a holistic approach to decision-making. Borrowing from the law of armed conflict, we propose a test that empowers decision makers to consider all the federal principles of prosecution and sentencing that Congress has repeatedly indicated should serve as touchstones for reform. When employing this framework, military justice decision makers will better account for the long-term impact on accused service members, society, and victims rather than solely focus on short-term deterrence within the unit. This proposal attempts to bring military prosecutions more in line with the criteria applied by civilian federal prosecutors and restore credibility in the military justice system, thereby enabling it to continue to do what it was designed to do
Episode 2: I don\u27t like owing people money
No full textFrom Texas Public Radio, this is the Enduring Gap, a limited series exploring some of the reasons just 17% Latino adults in San Antonio have a bachelor’s degree. This is episode 2: I don\u27t like owing people money
Racial Capitalism in the Civil Courts
Get PDFThis 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
Saying the Quiet Parts Out Loud: Teaching Students How Law School Works
Get PDFThe summer of 2020 was an inflection point for legal education’s relationship with racial and other inequities. After Minneapolis police murdered George Floyd, faculty, administrators, and students spoke out with increased urgency about the need to address race in law school curricula. For example, professors sought to give race context to cases found in law school casebooks by not presenting judicial opinions as neutral statements of the law. Many law schools, including our own, formally (re)dedicated themselves to helping students recognize and analyze structural inequalities and how the law perpetuates them.
Law schools focused on what their faculty and graduates could do to change the legal landscape. Whether they did so effectively was vigorously discussed in the press and on Twitter. Students were frustrated: they were asking their schools to make changes but weren’t getting very far. Students noticed the disconnect. We noticed the disconnect. This Article and the teaching methods it describes are one response to that disconnect