Michigan's Minority Graduates in Practice: The River Runs Through Law School

This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by conventional measures. In particular, the survey indicates that minority graduates (defined so as to include graduates with African American, Latino, and Native American backgrounds) are no less successful than white graduates, whether success is measured by the log of current income, self-reported satisfaction, or an index of service contributions. Also, although an admissions index that combines LSAT scores and undergraduate grade-point average is a significant predictor of law school grades, it does not predict career success on any of our three outcome measures. Michigan is a highly selective law school; our results may not generalize to people who have graduated from other law schools.     

MODELING THE EFFECTS OF RACIAL THREAT ON PUNITIVE AND RESTORATIVE SCHOOL DISCIPLINE PRACTICES*

It is clear that schools are mirroring the criminal justice system by becoming harsher toward student misbehavior despite decreases in delinquency. Moreover, Black students consistently are disciplined more frequently and more severely than others for the same behaviors, much in the same way that Black criminals are subjected to harsher criminal punishments than other offenders. Research has found that the racial composition of schools is partially responsible for harsher school discipline just as the racial composition of areas has been associated with punitive criminal justice measures. Yet, no research has explored comprehensively the dynamics involved in how racial threat and other factors influence discipline policies that ultimately punish Black students disproportionately. In this study (N = 294 public schools), structural equation models assess how school racial composition affects school disciplinary policies in light of other influences on discipline and gauge how other possible predictors of school disciplinary policies relate to racial composition of schools, to various school disciplinary policies, and to one another. Findings indicate that schools responding to student misbehavior with one type of discipline tend to use other types of responses as well and that many factors predict the type of disciplinary response used by schools. However, disadvantaged, urban schools with a greater Black, poor, and Hispanic student population are more likely to respond to misbehavior in a punitive manner and less likely to respond in a restorative manner.     

Health law and mental health law courses in US medical schools

Results of a recent survey of all 127 medical schools in the United States indicate that about two fifths of medical schools offer a separate course that focuses on topics in medicine and law and a number of medical schools integrate health law topics into other courses. Presumably reflecting concern over temporary medical malpractice litigation, most health law courses include informed consent, medical malpractice, privileged/confidential information, and patients' rights. In contrast, schools that offer a course on psychiatry and law are clearly in a minority. It is elective at all but two of the 13 schools with such a course. Although the hours allotted and the format of these courses vary greatly, courses typically cover most of the topics listed on the questionnaire. Most of the courses are led or co-led by a member of the American Academy of Psychiatry and the Law. Information from two additional surveys suggests two related factors that may influence a medical school to present a separate course on health law. Medical licensing boards were surveyed to determine which states require physicians to be examined on health law. In two states that require physicians to pass a separate medical jurisprudence examination for licensure, all four-year medical schools offer a course on health law for medical students. Medical malpractice companies providing coverage in all 50 states and the District of Columbia were surveyed to determine which states have the highest claim rates. The claim rate per 1,000 physicians insured per year was significantly greater in states with health law courses than was the rate in states without such courses.     

Law School Accreditation Standards and the Structure of American Legal Education

In the past 50 years, eligibility for admission to the bar has come to depend increasingly on the accreditation status of the law school attended. The author traces the history of the American Bar Association's law school ac-crediting standards and their impact on part-time and proprietary law schools, presents the results of a study of the ABA standard prohibiting the accreditation of proprietary law schools, and discusses ramifications for legal education and the legal profession.     

Diversity in Policing

Abstract

Police and minority relations have received much interest among public and academic audiences, yet little is known about policing in Latino communities. As Latinos emerge as the largest minority group in the United States, researchers and police agencies are increasingly concerned with the experience of Latinos in the criminal justice system. One strategy for improving police and community relations is to enhance the diversity of law enforcement agencies. Therefore, the purpose of this study is to examine the ethnic composition of law enforcement agencies in major U.S. metropolitan areas between 1990 and 2000. Using data from the U.S. Census and the Law Enforcement Management and Administrative Statistics (LEMAS) survey, it appears that the growth in the U.S. Latino population has been met with an increase in the percentage of Latinos as sworn full-time police officers. Further, the degree of enhanced diversity varies by the ethnic composition of the community served. Implications of findings for improving relations between police and the Latino community are discussed.     

Criminal Records and Employment: A Survey of Experiences and Attitudes in the United States

Ban-the-Box (BTB) legislation, which bans employers from asking about criminal history records on the initial job application, is arguably the most prominent policy arising from the prisoner reentry movement. BTB policies assume: 1) most employers ask about criminal records, and 2) inquiries occur at the application stage. However, we lack reliable information about the validity of these assumptions or about public attitudes towards criminal background checks, which limits our understanding of the potential scope of this innovative policy. Using survey data from a national probability sample, we estimate that in the past year, over 31 million U.S. adults were asked about a criminal record on a job application. According to our survey, virtually all of the criminal record inquiries occurred at the application stage, highlighting the potential of BTB. However, we also found that the public is sharply divided on whether to prevent employers from asking on applications, as per BTB.     

Peer effects in affirmative action: Evidence from law student performance

In the Grutter case, Justice O’Connor suggested that universities could justifiably try to enroll a “critical mass” of minority students. Enroll fewer than that “critical mass,” reason some observers, and minority students will feel too marginalized to perform at their highest levels. In this article, we test whether minority students perform better with other students from their ethnic group in a class or school. To do so, we assemble data on the ethnicity and performance of each student in all classes at two law schools - for three years at one, and for 16 years at the other. Although these schools enrolled a smaller fraction of African-Americans than most law schools, they are located in states with a much smaller fraction of African-Americans than in the United States as a whole. There is also a large amount of variation in the percent African-American across classes. At these schools, we find no consistent evidence that having additional students from one's ethnic group raises a student's performance. Instead, we find some evidence that having additional ethnic peers lowers performance - albeit by a very small amount.     

Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

The discipline of difference: Ethnolinguistic heterogeneity and corporal punishment

The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders.     

Violence, schools, and dropping out: racial and ethnic disparities in the educational consequence of student victimization

Without a doubt, exposure to violence and victimization can be profoundly detrimental to the overall well-being and development of all youth. Moreover, violence and victimization that occurs within a school context is particularly alarming because a successful educational process is essential toward establishing socioeconomic success later in life. The educational consequence of exposure to violence and victimization at school is uncertain for racial and ethnic minority students. This study utilizes data from the Education Longitudinal Study of 2002 and incorporates multilevel modeling techniques to examine the impact of violence and victimization at school on dropping out. The results indicate Black/African Americans and Latino American students who are victimized at school are at higher risk of dropping out. The implications of the evident racial and ethnic disparities in the relationship between victimization and dropping out within the U.S. school system are discussed.     

Racial Encroachment and the Formal Control of Space: Minority Group-Threat and Misdemeanor Arrests in Urban Communities

The study examined the minority group-threat hypothesis across a metropolitan setting to test whether (1) increases in black and Latino representation in communities were associated with increased misdemeanor arrests and (2) if increases in minority groups in historically white communities were associated with increased police arrests. The study argued that threat trigger variables should be measured in terms of difference scores and weighted by initial dominant group representation. The latter argument is informed by the defended neighborhood perspective and assesses the threat hypotheses in historically white communities. Using negative binomial regression modeling that adjusted for spatial autocorrelation, the study found that net of theoretical controls, increases in percent black population were associated with increased black misdemeanor arrests, but only in historically white census tracts. Increases in Latino representation were associated with increased minority misdemeanor arrests both across all tracts generally, as well as in historically majority white tracts.     

Hate crimes on campus: racial/ethnic diversity and campus safety

Colleges and universities across the US have prioritized minority enrollments in their recruitment strategies, but theories offer to possible outcomes of increasing diversity on campus-increased racial harmony or increased racial tension. This study examines the impact of racial diversity on the reported number of hate crimes that occur on campus. Findings suggest that those schools that are most successful in recruiting the hardest to recruit minorities (Black and Latino students) report fewer hate crimes on campus. Implications for campus climate and racial dynamics on campus, as well as future research, are discussed.     

FACIAL PROFILING: RACE,PHYSICAL APPEARANCE,AND PUNISHMENT*

We investigate the associations among physical appearance, threat perceptions, and criminal punishment. Psychological ideas about impression formation are integrated with criminological perspectives on sentencing to generate and test unique hypotheses about the associations among defendant facial characteristics, subjective evaluations of threatening appearance, and judicial imprisonment decisions. We analyze newly collected data that link booking photos, criminal histories, and sentencing information for more than 1,100 convicted felony defendants. Our findings indicate that Black defendants are perceived to be more threatening in appearance. Other facial characteristics, such as physical attractiveness, baby‐faced appearance, facial scars, and visible tattoos, also influence perceptions of threat, as do criminal history scores. Furthermore, some physical appearance characteristics are significantly related to imprisonment decisions, even after controlling for other relevant case characteristics. These and other findings are discussed as they relate to psychological research on impression formation, criminological theories of court actor decision‐making, and sociological work on race and punishment.     

Is it all about race? Intergroup threat and perceptions of racial profiling

Relatively few studies have assessed theoretically relevant predictors of individual’s perceptions of racial profiling by law enforcement officers. The current study addresses this limitation by drawing on theoretical frameworks highlighted in the growing body of literature examining disproportionate minority contact (DMC) with the criminal justice system. Specifically, we draw on the racial and symbolic threat perspectives with the objective of identifying theoretically relevant individual and community level predictors of perceptions of racial profiling by public and private police bodies in airports, malls, and on the roads. Results of our analysis of data on White and Black individuals nested within communities support the racial threat perspective in documenting the influence of racial heterogeneity and interracial labor market competition on perceptions of racial profiling. However, in contention to predictions derived from the symbolic threat perspective, the results fail to uncover a link between interracial socioeconomic inequality and perceptions of racial profiling by law enforcement officers. These results highlight the importance of moving beyond individual explanations of profiling and other forms of DMC and suggest community characteristics and perceptions of intergroup threat are particularly salient to understanding perceptions of race-based distinctions in formal social control.     

Criminal records and college admissions: A modified experimental audit

In this article, we consider the effect of criminal records on college admissions. Nearly 72 percent of colleges require criminal history information during their application processes, which indicates that an applicant's criminal history could be a significant impediment to achieving the benefits associated with higher education. We conducted a modified experimental audit to learn whether and to what extent criminal records affect admissions decisions. Matched same-race pairs of tester applications were sent to a national sample of nonelite 4-year colleges, with both testers applying as either Black or White. Within each pair, one application signaled a prior low-level felony conviction only when required by the application. Consistent with the findings of research on employment, we find the rejection rate for applicants with felony convictions was nearly 2.5 times the rate of our control testers. Relative to the large racial differences observed in previous studies of hiring decisions, we find smaller racial differences in admissions decisions. Nevertheless, Black applicants with criminal records were particularly penalized when disclosing a felony record at colleges with high campus crime rates. We address implications for reentry, racial progress, and the college “Ban the Box” movement. We suggest colleges consider narrowing the scope of such inquiries or removing the question altogether – particularly when it conflicts with the goals of these institutions, including reducing the underrepresentation of students of color.”     

追问刑法精神

所谓刑法精神 ,是指贯穿于刑法之中 ,作为刑法之基的关于犯罪与刑罚的基本观念或理念。刑法典为刑法之形 ,刑法精神为刑法之魂。我国刑法在基本立场或基本精神上更加接近于古典派 ,更准确地说 ,是接近于新古典主义 ,带有明显的折衷或调和色彩。刑法精神(此处特指刑法典精神 )应当是一国整个刑事法律体系的基本精神 ,一国刑事法律体系的基本精神必须统一于刑法精神或曰刑法典精神     

Sexually violent predator laws and the liberal state: an ominous threat to individual liberty

No other country has taken the idea of the liberal state - a government that relies on the rule of law to limit state power and maximize individual liberty - as seriously as the United States. But now many states are manipulating the government's civil commitment authority to indefinitely confine sex offenders who have served their criminal sentences and are entitled to their freedom in the community. This new system of preventive detention masquerading as civil commitment poses an ominous threat to individual liberty and to the continued vitality of the liberal state.     

Crime,politics, and minority populations: Use of official statistics in the united states and Japan

Although the governments of the United States and Japan differ markedly in racial ideology, official crime statistics in both nations reflect political arrangements which marginalize minority populations. In both nations, official crime statistics reveal more about the attempts of majority populations to label minority populations as a criminal class than about variations in criminal behavior across racial populations. While there is no racially pure Black population in the United States, there is a “black” category within official statistics, and the statistics are used to justify crime control policies which have a disparate impact on the diverse peoples who are socially‐perceived as Black. While there are undeniably non‐Japanese populations in Japan, there are no racial categories for them in official statistics which define them out of existence; except where crime statistics are concerned, so that the police can monitor the criminality of “foreigners.” In both societies, official categorization of race in crime statistics implies that crime is a minority problem; government statistics reinforce official ideology that crimes by “foreigners” and “black violence” are the real threats to civil society.     

On the Use of Criminal Law Notions in Determining State Responsibility for Genocide

On the face of it the 1948 Convention on Genocide appears tobe a treaty that on the one hand obliges contracting statesto criminalize and punish genocide in their domestic legal systemsand, on the other, arranges for interstate judicial cooperationfor the repression of genocide. The International Court of Justice(ICJ), in the Bosnia v. Serbia judgment, has instead held thatthe Convention, in addition to providing for the criminal liabilityof individuals, also imposes on contracting states as internationalsubjects a set of obligations (to refrain from engaging in genocide,to prevent and punish the crime, and also to refrain for allthose categories of conduct enumerated in Article III: conspiracy,incitement, attempt, complicity). This approach raises two questions:(i) is it warranted so to broaden states' responsibility? (ii)when applying such Article III categories to state responsibility,should an international court such as the ICJ that pronounceson interstate disputes rely upon criminal law categories toestablish whether a state incurs responsibility for conspiracy,complicity, and so on? Or should it instead forge autonomouslegal categories better suited to state responsibility? Theauthor sets forth doubts about whether it is appropriate totranspose criminal law categories to the corpus of internationallaw of state responsibility. In particular, his misgivings relateto the category of ‘state complicity in genocide’as set out by the Court: once the Court decided to transplantthis criminal law category to state responsibility, arguablyit should have relied upon the rigorous concept of complicity,as derived by international criminal courts from case law andthe relevant practice of states, rather than apply a notionthat finds no basis in international criminal law, in comparativecriminal law or in state practice.