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Numbers can be absolutely accurate—and still fool the hell out of you. I know because it happened to me. Years ago, a doctoral student asked to study our juvenile detention reform initiative. I welcomed the research because I thought I already knew what she would find. School referrals were plumme…
What if we’ve been asking the wrong question about discrimination for more than fifty years? For decades, American civil rights law has recognized that discrimination does not always announce itself through racial slurs, malicious intent, or explicitly discriminatory rules. Sometimes a policy can a…
What if a law designed to protect merit is now being challenged in the name of restoring merit? That’s the puzzle at the center of this special Conversation on Justice. In our last episode, The Reality of the Numbers, I argued that statistics are not verdicts. A racial disparity does not automatic…
What happens when everyone in a system is trying to do the right thing—and the system still produces the wrong result? Shortly after I became a juvenile court judge in 1999, a thirteen-year-old boy was brought into my courtroom from detention. His wrists were handcuffed. His ankles were chained. …
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