Article: Matthew Desmond, et al., “Police Violence and Citizen Crime Reporting in the Black Community,” 81 American Sociological Review 857 (2016).
High-profile cases of police violence—disproportionately experienced by black men—may present a serious threat to public safety if they lower citizen crime reporting. Using an interrupted time series design, this study analyzes how one of Milwaukee’s most publicized cases of police violence against an unarmed black man, the beating of Frank Jude, affected police-related 911 calls. Controlling for crime, prior call patterns, and several neighborhood characteristics, we find that residents of Milwaukee’s neighborhoods, especially residents of black neighborhoods, were far less likely to report crime after Jude’s beating was broadcast. The effect lasted for over a year and resulted in a total net loss of approximately 22,200 calls for service. Other local and national cases of police violence against unarmed black men also had a significant impact on citizen crime reporting in Milwaukee. Police misconduct can powerfully suppress one of the most basic forms of civic engagement: calling 911 for matters of personal and public safety.
News Article: Clyde Haberman, “Housing Bias and the Roots of Segregation,” New York Times, Sept. 18, 2016 [includes video documentary].
Texas Law Review Symposium: “The Constitution and Economic Inequality”
- Joseph Fishkin & William Forbath, Reclaiming constitutional political economy: an introduction to the Symposium on the Constitution and Economic Inequality, 94 Tex. L. Rev. 1287-1299 (2016).
- Ganesh Sitaraman, Economic structure and constitutional structure: an intellectual history, 94 Tex. L. Rev. 1301-1328 (2016).
- K. Sabeel Rahman, Domination, democracy, and constitutional political economy in the New Gilded Age: towards a fourth wave of legal realism? 94 Tex. L. Rev. 1329-1359 (2016).
- Mark A. Graber, The Second Freedman’s Bureau Bill’s Constitution, 94 Tex. L. Rev. 1361-1402 (2016).
- Frank I. Michelman, The unbearable lightness of tea leaves: constitutional political economy in court, 94 Tex. L. Rev. 1403-1414 (2016).
- Jedediah Purdy, Overcoming the Great Forgetting: a comment on Fishkin and Forbath, 94 Tex. L. Rev. 1415-1426 (2016).
- Jack M. Balkin, Republicanism and the Constitution of opportunity, 94 Tex. L. Rev. 1427-1446 (2016).
- Cynthia Estlund, The “constitution of opportunity” in politics and the courts, 94 Tex. L. Rev. 1447-1468 (2016).
- Joseph Fishkin & William Forbath, The democracy of opportunity and constitutional politics, 94 Tex. L. Rev. 1469-1494 (2016).
- David Singh Grewal & Cory Adkins, Two views of international trade in the constitutional order, 94 Tex. L. Rev. 1495-1526 (2016).
- Jeremy K. Kessler, The political economy of “constitutional political economy,” 94 Tex. L. Rev. 1527-1554 (2016).
- James Gray Pope, Why is there no socialism in the United States? Law and the racial divide in the American working class, 1676-1964, 94 Tex. L. Rev. 1555-1590 (2016).
- Kate Andrias, Building labor’s Constitution, 94 Tex. L. Rev. 1591-1621 (2016).
- Brishen Rogers, Libertarian corporatism is not an oxymoron, 94 Tex. L. Rev. 1623-1646 (2016).
- Olatunde C.A. Johnson, Inclusion, exclusion, and the “new” economic inequality, 94 Tex. L. Rev. 1647-1665 (2016).
Article: Palma Joy Strand, “‘Mirror, Mirror, on the Wall…’: Reflections on Fairness and Housing in the Omaha-Council Bluffs Region,” Creighton Law Review (forthcoming).
In 2016, eighty years after the federal Home Owners Loan Corporation (HOLC) drew redlining maps that solidified existing local segregation and gave the green light to suburban development, the residential patterns of race and socioeconomics in the Omaha, Nebraska, region embody those New Deal decisions. Inspired by recent regulations from HUD that intensify the agency’s responsibility under the Fair Housing Act to Affirmatively Further Fair Housing, this article looks past current inequities in housing to the institutional structures that facilitated White suburban growth after World War II. Special districts known as Sanitary and Improvement Districts (SIDs) gave – and continue to give today – private developers access to municipal bonds without significant public oversight. Historically, these SIDs provided market-rate housing to exclusively White residents; today they provide market-rate housing to predominantly White residents. Following SID development, the City of Omaha, which has extensive annexation powers under state law, annexes the SIDs, absorbing both their tax base and their remaining debt. This article describes this SID annexation development regime and the ways in which it diffuses responsibility for providing affordable housing and access to neighborhoods of opportunity throughout the metropolitan region. The article proposes an accounting and reconsideration of the existing development regime.
Article: Neil L. Sobol, “Lessons Learned from Ferguson: Ending Abusive Collection of Criminal Justice Debt,” 15 U. Md. L.J. Race Relig. Gender & Class 293 (2015).
On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report and discusses the major points to be learned from the allegations in Ferguson. The lessons learned from Ferguson should be a guide to other municipalities that are or may be on the brink of developing similar abusive collection practices.
Blog Post: Chris Odinet, “The Mortgage Credit Squeeze on Low/Moderate-Income Families and Consumers of Color,” PropertyProf Blog, Oct. 2, 2016. [with excerpts from the 2015 Home Mortgage Disclosure Act Report]
New Article: Janine Young Kim, “Racial Emotions and the Feeling of Equality,” 87 U. Colo. L. Rev. 437 (2016).
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial emotions can be analyzed and evaluated, employing three theories of emotion that have developed in various disciplines within the humanities and social sciences. These theories reveal that racial emotions are not idiosyncratic and elusive, but instead relate to reason and values, to social membership and hierarchy, and to political behavior. Understanding racial emotions in these more rigorous ways can enrich our views on both race and equality and present new avenues to achieve inclusion.
New Article: Jason P. Nance, “Over-Disciplining Students, Racial Bias, and the School-to-Prison Pipeline,” 50 Richmond L. Rev. 1063 (2016).
Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system — such as suspending or expelling them — as the “school-to-prison pipeline.” Perhaps the most alarming aspect of over-disciplining students and of the school-to-prison pipeline generally is that not all racial groups are affected equally by these negative trends. This short symposium essay describes the observed racial disparities associated with disciplining students. It then discusses the concept of implicit racial bias, which appears to be one of the causes of these racial disparities. Finally, it describes the role that national and state government entities, including the U.S. Department of Education and state departments of education, can play in forming a comprehensive strategy to address the implicit racial biases of educators.
Map: The Racial Dot Map, Demographics Research Group, at Weldon Cooper Center for Public Service (University of Virginia) (July 2013).