Virginia Trial Lawyers Association’s Post

Black on Black Representation Professor Hoag asserts "Although indigent defendants from other non-dominant ethnicities and cultures can benefit from culturally competent representation, this Article focuses on the potential impact expanding counsel of choice may have on indigent Black people facing criminal charges. The overrepresentation of Black people in the criminal legal system reflects longstanding structural racism born from slavery and the racial hierarchy that resulted. It also stems from the strength of anti-Black bias that stereotypes Black people as dangerous and criminal. These stereotypes are direct descendants of slavery, which produced a racialized caste system. In her book, Caste, journalist Isabel Wilkerson explains: “What people look like, or, rather, the race they have been assigned or are perceived to belong to, is the visible cue to their caste.” The public then relies on caste as an “historic flash card” to determine “how [people] are to be treated, where they are expected to live, ... [and] whether they may be shot by authorities with impunity.” Historian Khalil Muhammad calls it “racial criminalization: the stigmatization of crime as '[B]lack”’ while simultaneously“masking ... crime among whites as individual failure.” Studies show that police stop and question Black people at higher rates; prosecutors file more serious charges when the suspect is Black and the victim is white; defense attorneys are more likely to recommend plea bargains for Black clients that impose longer sentences than those they would recommend for similarly situated white clients; and judges and juries impermissibly consider race when determining whether to convict and what sentence to impose"

Wardlow after Black Lives Matter: Using a Protest Movement to Establish a Colorable Equal Protection Challenge to Supreme Court Precedent Mr. Maley asserts "With the Wardlow doctrine in place, over-policing of minority communities has only increased. One extensive study shows that over a five-year period in New York City, the high-crime-area criterion in particular was deployed haphazardly, ineffectively, and discriminatorily. This Comment first joins the chorus of critics challenging both the constitutional validity and practical benefits of the Wardlow doctrine. As Justice Stevens articulated when dissenting in Wardlow (joined by Justices Souter, Ginsberg, and Breyer), the doctrine is unconstitutional in conception. And as scholars and jurists have established in the years since, the doctrine is discriminatory in practice, targeting Black and Brown communities for enhanced police activity and lessened constitutional protections. Although endorsing these familiar critiques, this Comment also challenges the most commonly proposed solution: increased reliance on empirical data like crime rates to justify the stops that Wardlow permits. If an officer can use “high-crime area” to legitimize a stop, the argument goes, then that criterion should be as objective as possible. In short: if American law is stuck with Wardlow, data should ground its effects. The argument suggests that since crime begets crime, certain crime-ridden neighborhoods will produce higher crime and justify enhanced policing for the public welfare. But this Comment shows that data will not save Americans from Wardlow. Statistics fail to justify Wardlow, first, because crime rates depend less on criminal activity than they do on patterns of policing and, second, because the notions of racially blind classifications of neighborhoods as high-crime and of presumed wrongdoing by suspects who are evasive of police are fallacies, which has become clearer than ever thanks to the work of the Black Lives Matter movement."

Long Overdue: The Need for an Examination of the Specter of Racial Bias in the Federal Death Penalty System Professor Nidiry and Attorney Friedman asserts "Persistent criticism of and commentary on the racially disparate application of the death penalty in this country have focused almost exclusively on state capital punishment systems, leaving the indicia of racial bias and the evident racial disparities in the federal government's administration of the death penalty largely unexamined. This Article contends that such an examination is long overdue. While the population of the federal death row is not as large as that of states like California and Texas, the federal government is a highly visible actor, whatever the issue; its role on the capital punishment stage recently became more prominent when it briefly led the nation in the pace of executions. Yet many aspects of the federal death penalty remain largely unexplored. In particular, although racial disparities are among the system's most salient features, the role of race in the implementation of the federal death penalty has yet to be scrutinized."

Well that is over with...and should result in a HUGE health movement which will reshape pharma, the medical system, insurance, natural products, cannabis, food, and likely personal care. #LetsGo Let's hope as RFK Jr's team begins to assemble their transitional folks that they don't make the same mistakes of the past. I am hoping some of you all might nominate me/us. Ken Watkins and I have some ideas concerning education around the ECS that will need to be incorpated in any re-education about your function. We need NEW thinking. We need the leaders. We need the tip of the spear folks. If you know folks like that, please consider nominating them for service at https://lnkd.in/gXsS7uHi

The Patent Professor Team is celebrating Thanksgiving. Having an amazing team to work with is one of the most amazing blessings that we are grateful for at the Patent Professor. What is one thing that you are grateful for? I want to share three of life's most valuable treasures which we can all be grateful for this year. You can read all about it in my article below: https://lnkd.in/eV5VxygX

Live your life as an example to others. Speak the truth, practice what you preach, and always be a person of integrity. #91dayyear #liveonpurpose #HaveyourBestWeek #HBCUbiz #HBCU #Blackbusiness #GrowYourBusiness #4GChallenge

I've had the privilege of knowing Mark for over 30 years, and he has certainly saved my technical bacon many times Very grateful for his kind words: #salesenablement #saleseffectiveness #salesandmarketing #salescoaching #salestips

“Just finished Driving Change and Anti-Racism“ by Kwame Christian, Esq., M.A.. Check it out: https://lnkd.in/gvgNamjM #leadingpositivechange #allyship #antiracism

Reputation is proud to present this year's Kenneth Monarrez Person of the Year Award recipients! This award honors our late friend and colleague Kenneth Monarrez, who was both an incredible person and teammate. Kenneth sadly lost his battle with cancer and this is our way of honoring his memory. Kenneth made people better both professionally and personally, and this award aims to recognize the people that do the same. Congratulations to this year's winner, SASIDHAR LINGALADINNE 🌟 and to our finalists, Jacob Jenne, Shannon Heath, Kerstin Young! These individuals along with the slew of nominations exhibit the following characteristics and we're lucky to have you all on our team! Teamwork: A willingness to work alongside others for a greater cause. Accountability: Follows through with their actions; encourages others to do the same. Kindness: Recognizes humanity in others; treats people with love, respect and care. Gratitude: Knows that our current circumstances are partially influenced by the efforts of others or external factors, and we should be thankful for them.  Generosity: Recognizes that the concept of giving is a great opportunity to make a difference in the lives of others. Service: Proactively helps others in need outside of the workplace. Customer Success: Passionate about ensuring that we are true partners to our customers; demonstrates that we are committed to their growth. Community: Cares about establishing community with colleagues and neighbors.

Live your life as an example to others. Speak the truth, practice what you preach, and always be a person of integrity. #91dayyear #liveonpurpose #HaveyourBestWeek #HBCUbiz #HBCU #Blackbusiness #GrowYourBusiness #4GChallenge