Professor Bernadette Atuahene’s theoretical framework for “stategraft” denotes actions by which state agents transfer cash or property from the people to the state in violation of the law or basic human rights norms. Because illegality is central to stategraft, attention to it may push other forms of state predation—those that are legal or whose legality are uncertain—out of the realm of reform given the dearth of funding for legal advocacy and difficulties in marshalling lawmaker attention. This Essay suggests, however, that consideration of stategraft provides opportunities for advocates to push back against legal, or not yet illegal, predatory practices. It does so by looking to recent advocacy efforts related to two types of predatory behaviors outside the bounds of stategraft: the use of fines and fees, and civil forfeiture practices.
Beth A. Colgan
Although civil rights advocates have largely supported hate crimes laws over the last four decades, growing concern over mass incarceration is now leading some to question the focus on enhancing prison sentences. This Essay explores two alternatives to the traditional sentence enhancement model that might retain the expressive message of hate crimes laws—to convey society’s particular condemnation of crimes of bias—while relying less heavily on police and prisons: the reformation of victim compensation programs to help victims and targeted communities and the application of restorative justice processes to hate crimes. Each of these alternatives presents complications, but both offer sufficient potential to justify further exploration.