Online
Essay
Mass Incarceration, Meet COVID-19
Sharon Dolovich
Professor of Law, UCLA School of Law; Director, UCLA Law COVID-19 Behind Bars Data Project.

I thank Sasha Natapoff and Brendan Saloner for helpful comments; John Boston, David Fathi, Aaron Littman, and Alan Mills for their generous willingness to field my many questions; Liz DeWolf for her editorial advice; and Kaitlyn Fryzek for excellent research assistance. I also thank the entire UCLA Law COVID-19 Behind Bars Data Project team—staff, leadership team, and volunteers—who have worked tirelessly since the start of the pandemic to collect and analyze data of all kinds bearing on the impact of COVID on people in custody. Your commitment to the enterprise has been inspiring beyond measure. Thanks are due as well to the Vital Projects Fund, Arnold Ventures, and the United States Centers for Disease Control, for their generous support of our work. All views presented in this Essay are solely my own.

From the earliest days of the pandemic, it was clear that the novel coronavirus posed an outsized danger to the more than two million people locked inside America’s prisons and jails.

Online
Essay
Law Enforcement as Disease Vector
Maybell Romero
Associate Professor, Northern Illinois University College of Law.

Thanks to Marissa Jackson Sow, Kim Ricardo, Michael S. Sinha, and commentators at the 2020 Northern Illinois University College of Law Chicagoland Junior Scholars Conference.

The people have judged the cops to be a greater risk to health than covid and frankly that’s on cops.

Online
Essay
Pretrial Dismissal in the Interest of Justice: A Response to COVID-19 and Protest Arrests
Valena E. Beety
Professor of Law, Arizona State University Sandra Day O’Connor College of Law; Deputy Director, Academy for Justice.

Thank you for excellent feedback from Darryl Brown and Anna Roberts, both of whom have written valuable scholarship on dismissals in the interest of justice.  My gratitude as well to ASU law students Zach Stern, Priyal Thakkar, and Alejandra Curiel Molina for their research assistance. Finally, thank you to University of Chicago Law Review editor Matthew Reade for his insightful edits on this piece, and for his tremendous work and partnership in organizing this symposium.

The most dangerous place to be in America is prison or jail.

Online
Essay
Virtual Criminal Courts
Deniz Ariturk
Health, Law and Justice Fellow, Wilson Center for Science and Justice, Duke University School of Law; Duke University, Masters Bioethics and Science Policy.
William E. Crozier
Research Director of the Wilson Center for Science and Justice, Duke University School of Law.
Brandon L. Garrett
L. Neil Williams Professor of Law and Director of the Wilson Center for Science and Justice, Duke University School of Law.

Criminal courtrooms are among many workplaces to shut down and adopt virtual operations in response to the coronavirus pandemic.

Online
Essay
COVID-19 and the Ruralization of U.S. Criminal Court Systems
Pamela R. Metzger
Pamela Metzger is the Director of the Deason Criminal Justice Reform Center at the SMU Dedman School of Law. Professor Metzger’s scholarship combines theory and practice in seeking improvements in criminal justice. Professor Metzger’s work has appeared in publications such as the Yale Law Journal, Vanderbilt Law Review, Southern California Law Review, and Northwestern University Law Review, and has been widely cited by leading authorities and by the U.S. Supreme Court.
Gregory J. Guggenmos
Greg Guggenmos provides the Deason Center with statistical consultation and research support. He graduated Phi Beta Kappa from SMU with a B.S. and M.S. in Applied Statistics and Data Analytics. During his time at SMU, he conducted independent research on pretrial detention and studied abroad in five countries. Deeply invested in civic engagement, Guggenmos founded the Community Bail Fund of North Texas in 2018. In 2019, he served as the Deason Center’s Law & Statistics Coordinator.

The COVID-19 pandemic is imposing typically rural practice constraints on the United States’ urban and suburban criminal court systems.

Online
Essay
Policing the Pandemic
Barry Friedman
Jacob D. Fuchsberg Professor of Law and Faculty Director of the Policing Project at New York University School of Law; Reporter, American Law Institute, Principles of the Law: Policing. Author, Unwarranted: Policing Without Permission
Robin Tholin
Harvard Law School, J.D. 2019; former Litigation Fellow at the Policing Project at NYU School of Law.

Although there were those who foretold the risks of a pandemic, it is fair to say most of the world was caught unprepared. All of the sudden there was a scramble—for protective clothing, for tests, for antivirals and a vaccine.

Online
Essay
Policing Opioid Use Disorder in a Pandemic
Jennifer D. Oliva
Associate Professor of Law, Seton Hall University School of Law.

We are not very good at admitting past mistakes, especially on issues of race, and that has consequences.

Online
Essay
Talking About Affirmative Action
Matthew D. Reade
Executive Online Editor, The University of Chicago Law Review; Pomona College, B.A. 2018; The University of Chicago Law School, J.D. 2021.

I’m grateful to the many people who took time to review and critique early drafts of this introduction, including Brian Sanders, Nathan Tschepik, Taiyee Chien, Jessica Lee, and Daniel Simon.  Taiyee Chien deserves special thanks for his steadfastness, equanimity, and clarity of purpose as we assembled, advocated, and edited this series.  I also thank the participating authors and the Online Editors of The University of Chicago Law Review.  In these times, standing for fulsome, open, and honest debate is no small act of courage.

On October 27, 1996, as the cameras rolled, San Francisco Mayor and former California State Assembly Speaker Willie L. Brown, Jr. took the stage in a drab auditorium on the campus of San Francisco State University. 

Online
Essay
Affirmative Action: Towards a Coherent Debate
Coleman Hughes
Coleman Hughes is a fellow at the Manhattan Institute and a contributing editor at City Journal, where his writing focuses on race, public policy, and applied ethics. His writing has been featured in the New York Times, the Wall Street Journal, National Review, Quillette, The City Journal, and The Spectator. Hughes has appeared on many podcasts and also hosts his own, Conversations with Coleman. In 2019, he testified before the U.S. Congress about slavery reparations.

This November, the citizens of California will vote on a proposition to remove the following words from their state constitution: “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

Online
Essay
Fifteen Questions About Prop. 16 and Prop. 209
Richard H. Sander
Richard Sander is the Dukeminier Distinguished Professor of Law at UCLA, and co-chair of the UCLA-RAND Center for Policy Research. He has a doctorate in economics and a law degree from Northwestern University.
The extraordinary protests and marches that swept the United States during the late spring, in the wake of the death of George Floyd, centered on calls for racial justice, but specific proposals to define and achieve racial justice were scarce.
Online
Essay
Good Trouble
Girardeau A. Spann
Copyright © 2020 by Girardeau A. Spann. James and Catherine Denny Professor of Law, Georgetown University Law Center.

I would like to thank Richard Chused, Lisa Heinzerling, Pat King, Mike Seidman, and Mark Tushnet for their help in developing the ideas expressed in this Essay. Research for this Essay was supported by a grant from the Georgetown University Law Center.

The widespread, controversial protests against racial injustice that began in the spring of 2020 offer hope that U.S. culture may be evolving to a more sophisticated conception of racial equality.

Online
Essay
“All (Poor) Lives Matter”: How Class-Not-Race Logic Reinscribes Race and Class Privilege
Jonathan P. Feingold
Jonathan P. Feingold is an Associate Professor at Boston University School of Law; B.A., Vassar College; J.D., UCLA School of Law.

The author thanks Jerry Kang for feedback on a prior draft and thanks the editors of The University of Chicago Law Review for their superb edits and feedback, and Sean Hickey for research assistance that supported this Essay.

In An Intersectional Critique of Tiers of Scrutiny, Professors Devon Carbado and Kimberlé Crenshaw infuse affirmative action with an overdue dose of intersectionality theory. Their intervention exposes equality law as an unmarked intersectional project that “privileges the intersectional identities of white antidiscrimination claimants.”