The Situationist

The Legal and Procedural Situation of Segregation

Posted by The Situationist Staff on October 9, 2008

Bennett Capers, has posted an intriguing article, “Policing, Race, and Place” (forthcoming 44 Harv. CR-CL L. Rev. (2008)) on SSRN.  Here’s the abstract.

* * *

Most Americans live in neighborhoods and communities segregated along race lines, and take this segregation for granted. To the extent they view their communities as racially segregated at all, they assume that this segregation is the largely the result of individual choice or socio-economic status, or perhaps a remnant of de jure segregation. The ambition of this Article is to draw attention to a component of segregation that has been largely ignored: the significant role that criminal law and procedure have played, and continue to play, in maintaining racialized spaces.

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