| Author | Title | Citation | Summary | Year | Key Terms |
| Camille Gear Rich |
Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child |
104 Minnesota Law Review 2375 (May, 2020) |
Introduction. 2377 I. Packaging Race in the ART Market. 2391 A. Packaging Gametes. 2392 B. Packaging Race. 2397 C. Packaging and Its Effect on Consumer Perceptions. 2405 1. The Re-Biologization of Race. 2406 2. Re-Instantiating Racial Categories. 2407 3. Racial Purity Rules. 2409 4. The Toxic Search for Whiteness. 2410 5. Anti-Miscegenation Ethos.... |
2020 |
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Convicted: Do Recent Cases Represent a Shift in Police Accountability? A Research Note |
56 Criminal Law Bulletin ART 3 (2020) |
Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race, Crime, and Justice... |
2020 |
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| Frank Rudy Cooper |
Cop Fragility and Blue Lives Matter |
2020 University of Illinois Law Review 621 (2020) |
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012-2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police... |
2020 |
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Copyright Law Reports Letter No. 495 |
CCH Copyright Law Reporter P 1192309 (2020) |
Rapper Drake's sampling of Jimmy Smith song was fair use $6.75M award for destruction of aerosol art paintings affirmed LEGO entitled to injunction barring rival from selling action figures Newsletter publisher's failure to mitigate not a complete defense In-vehicle CD-copying devices not subject to royalty provisions Use of video to... |
2020 |
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| Robert B. Barnett Jr., J.D. |
Copyright-s.d.n.y.: Use of Video to Mock Views Expressed in it Deemed Fair Use |
Wolters Kluwer Intellectual Property Law Daily (2/7/2020) |
The court determined that it had the right to adjudicate fair use, an affirmative defense, from the face of the complaint on a motion to dismiss. A suit by Akilah Hughes, a liberal YouTube content creator, against Carl Benjamin, a conservative YouTube content creator, alleging copyright infringement and misrepresentation was dismissed with... |
2020 |
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| Eric Berger |
Courts, Culture, and the Lethal Injection Stalemate |
( |
The Supreme Court's 2019 decision in Bucklew v. Precythe reiterated the Court's great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts' deference, executions have ground to... |
2020 |
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| Jessica Bregant , Eugene M. Caruso , Alex Shaw |
Crime Because Punishment? The Inferential Psychology of Morality and Punishment |
2020 University of Illinois Law Review 1177 (2020) |
Psychologically speaking, punishment may operate as a special case of social norm information, but what sets punishment apart from other norms is the moral weight punishment carries. Although norms other than punishment may also communicate moral messages, punishment seems to be unique in its relationship to morality, and especially to judgments of... |
2020 |
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| Marisol Orihuela |
Crim-imm Lawyering |
34 Georgetown Immigration Law Journal 613 (Spring, 2020) |
C1-2Table of Contents Introduction. 614 I. The Rise of Crim-Imm. 616 II. Lawyering Theory in Criminal and Immigration Law. 619 A. Why Lawyering Models Matter. 620 1. Early Social Change Lawyering Scholarship. 621 2. Intentionality and Self-Reflection. 622 B. Lawyering Theory in Immigration Law. 623 1. Community Lawyering. 624 2. Movement Lawyering.... |
2020 |
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| Daniel S. McConkie, Jr. |
Criminal Justice Citizenship |
72 Florida Law Review 1023 (September, 2020) |
The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized... |
2020 |
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| Barbara O'Brien , Catherine M. Grosso |
Criminal Trials and Reforms Intended to Reduce the Impact of Race: a Review |
16 Annual Review of Law and Social Science 117 (2020) |
race, criminal trials, pretrial decisions, bail, jury selection, peremptory strikes, jury deliberations, jury unanimity, implicit bias, prison abolition This review collects initiatives and legal decisions designed to mitigate discrimination in pretrial decision making, jury selection, jury unanimity, and jury deliberations. It also reviews... |
2020 |
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| Featuring Michael Banerjee, Michael Z. Green, Alexis Karteron, Ji Seon Song |
Critical Topics Concerning Police and Policing - Panel Discussion from Fourth National People of Color Legal Scholarship Conference, Hosted at the American University Washington College of Law |
44 Harbinger 45 (2/9/2020) |
All right, so it seems like we're running a few minutes behind, maybe it's a good time to get started. Welcome everyone, my name is Alexis Karteron. I'm an Assistant Professor at Rutgers Law School in Newark, and I have been drafted to moderate this panel, and we're lucky to have some really interesting papers and topics up for... |
2020 |
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| Marty Johnson |
Cuccinelli Says Dhs to Change Camouflage Uniforms of Federal Agents Used in Portland |
The Hill (8/4/2020) |
Acting Deputy Homeland Security Secretary Ken Cuccinelli told a Senate panel on Tuesday that the remaining federal agents in Portland, Ore., would be transitioning away from the camouflage military-style uniforms they have been wearing. |
2020 |
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| Brendan Doneghy |
Culturally Courageous Conversations |
2020-AUT West Virginia Lawyer 44 (Autumn, 2020) |
In his 1963 letter from the Birmingham jail, Martin Luther King Jr. wrote [i]njustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Culturally Courageous Conversations is a 2020 webinar and article series... |
2020 |
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| Sarah Chaney Reichenbach |
Cve and Constitutionality in the Twin Cities: How Countering Violent Extremism Threatens the Equal Protection Rights of American Muslims in Minneapolis-st. Paul |
69 American University Law Review 1989 (August, 2020) |
In 2011, President Barack Obama announced a national strategy for countering violent extremism (CVE) to attempt to prevent the radicalization of potential violent extremists. The Obama Administration intended the strategy to employ a community-based approach, bringing together the government, law enforcement, and local communities for CVE... |
2020 |
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| Valencia Richardson |
Data-driven Discrimination: a Case for Equal Protection in the Racially Disparate Impact of Big Data |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 209 (Fall, 2020) |
C1-2Table of Contents Introduction. 209 I. Holding the Government Liable Under the Fourteenth Amendment. 211 II. What Happens When Big Data is Racist. 214 A. What is Big Data?. 214 B. The Consequences of Big Data. 215 C. Responding to Big Data's Challenges Through Civil Rights Statutes. 217 III. Revisiting Fourteenth Amendment Jurisprudence for... |
2020 |
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| John Bowden |
Dc Mayor: Trump Treated Military 'Like Toy Soldiers' to Intimidate Americans |
The Hill (6/8/2020) |
Washington, D.C., Mayor Muriel Bowser (D) accused President Trump on Monday of using the U.S. military as toy soldiers" to "intimidate Americans" in her city." |
2020 |
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Deconstructing Disinformation's Threat to Democracy |
44-WTR Fletcher Forum of World Affairs 153 (Winter, 2020) |
FLETCHER FORUM: Are there any new developments in the disinformation arena that you're worried people are overlooking at this time? joan donovan: It really depends on what events we might be talking about. Different media manipulators use different tactics. For example, some of the things we're looking at in our lab have to do with elections, so... |
2020 |
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| Aila Hoss |
Decriminalization as Substance Use Disorder Prevention |
51 University of Toledo Law Review 477 (Spring, 2020) |
FROM the President pointing fingers at China for the influx of fentanyl to journalists encouraging celebrities to end the stigma of substance use disorder (SUD) to activists promoting harm reduction strategies, everyone has something to say about the opioid use disorder and overdose crisis. Just like during its predecessor the crack epidemic,... |
2020 |
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| Richard L. Hasen |
Deep Fakes, Bots, and Siloed Justices: American Election Law in a "Post-truth" World |
64 Saint Louis University Law Journal 535 (Summer, 2020) |
About a decade or so ago, the major questions in the field of election law were familiar to scholars and centered on the Supreme Court: Would the Supreme Court overrule cases upholding limits on corporate and labor union campaign spending in candidate elections? Would the Court strike down a key provision of the Voting Rights Act requiring... |
2020 |
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| Meaghan O'Connor |
Defamation in the Age of Social Media: Why North Carolina's "Micro-influencers" Should Be Classified as Limited Purpose Public Figures |
42 Campbell Law Review 335 (Spring, 2020) |
The advent of social media has changed the way society communicates and the way ideas are spread. These new platforms for speech have inevitably pushed the boundaries of the law, particularly in the area of defamation. Social media has created new types of speakers, new publication methods, and easier ways for people to defame each other. This... |
2020 |
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| David J. Oliveiri, M.B.A., J.D. |
Defense of Good Faith in Action for Damages Against Law Enforcement Official under 42 U.s.c.a. § 1983, Providing for Liability of Person Who, under Color of Law, Subjects Another to Deprivation of Rights |
61 American Law Reports ALR Federal 7 (2020) |
Collected and analyzed in this annotation are those cases in which the federal courts have considered questions related to the availability or establishment by law enforcement officials of a defense of good faith in actions seeking damages under 42 U.S.C.A. § 1983, which provides for liability of persons who, under color of law, subject another to... |
2020 |
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| David Schraub |
Deliberation and Dismissal |
22 University of Pennsylvania Journal of Constitutional Law 1319 (August, 2020) |
One of the earliest steps in civil litigation is the motion to dismiss. Dismissal offers the opportunity to preemptively dispose of a given claim that does not present a legally judiciable case or controversy prior to expending time or energy on matters like discovery or a trial. Everyday talk, of course, is not bound by such procedural rules.... |
2020 |
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| Amna A. Akbar |
Demands for a Democratic Political Economy |
134 Harvard Law Review Forum 90 (12/1/2020) |
Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters .. Power concedes nothing without a demand. It never did and it never will. --Frederick Douglass, 1857 We are living in a... |
2020 |
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Democratic Attorneys Criticize House Judiciary Democrats' Questioning of Barr |
(7/28/2020) |
Democratic attorneys criticized Democrat lawmakers on the House Judiciary Committee over their questioning of Attorney General William Barr on Tuesday, opining that they could have been more effective and pointed with the nation's top lawyer. |
2020 |
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| Cristina Marcos |
Democratic Rep. Max Rose Concedes New York House Race |
The Hill (11/12/2020) |
Rep. Max Rose (D-N.Y.) conceded his House race against Republican challenger Nicole Malliotakis on Thursday, paving the way for the GOP to retake one of the most competitive districts in the nation. |
2020 |
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| CQ Roll Call Washington Energy Briefing |
Democrats Push for Hearing on Pendley Nomination for Blm |
(8/7/2020) |
More than a year into the job officially still temporary, acting Bureau of Land Management Director William Perry Pendley is making decisions that may be permanent and Senate Democrats are seeking a chance to hold him to account. |
2020 |
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| Mike Lillis and Cristina Marcos |
Democrats See Victory in Trump Culture War |
The Hill (7/8/2020) |
Democrats are taking aggressive steps to highlight President Trumps focus on the hot-button cultural topics of race and heritage, betting it will play to their partys advantage in November. |
2020 |
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| Mike Lillis and Scott Wong |
Democrats Unveil Sweeping Legislation in Response to Protests of Police Brutality |
The Hill (6/8/2020) |
Democrats in both chambers introduced sweeping reforms on Monday designed to combat racial disparities in the criminal justice system the partys much awaited legislative response to recent police violence against African Americans that's sparked mass protests across the country and beyond. |
2020 |
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| Rebecca Beitsch |
Democrats Use Vulnerable Gop Senators to Get Rare Win on Environment |
The Hill (8/17/2020) |
President Trumps decision to withdraw his controversial nominee to lead the Bureau of Land Management (BLM) is a rare example of Democrats and conservation groups being able to leverage the vulnerability of Republican senators to their advantage. |
2020 |
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| Alexander Bolton |
Democrats Worry about Voter Backlash in Suburbs |
The Hill (8/28/2020) |
Democratic strategists are worried scenes of violence in Kenosha, Wis., and the defund the police debate could give Republicans and President Trump a boost with suburban voters. |
2020 |
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| Justine Coleman |
Demonstrators Protest Portland Tactics Outside Home of Dhs Chief |
The Hill (7/26/2020) |
Demonstrators protested the tactics federal authorities are using in Portland, Ore., outside the Virginia home of the acting Department of Homeland Security (DHS) secretary on Sunday. |
2020 |
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| Katharine Silbaugh |
Developmental Justice and the Voting Age |
47 Fordham Urban Law Journal 253 (February, 2020) |
Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco... |
2020 |
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| Marty Johnson |
Dhs Compiled Intelligence Reports on Journalists Reporting on Protests in Portland: Report |
The Hill (7/30/2020) |
Amid the clashes between protestors and federal officers in downtown Portland, Ore., the Department of Homeland Security (DHS) which deployed the agents created intelligence reports on a pair of journalists that it claims reported on leaked, unclassified information regarding the tense situation, according to The Washington Post. |
2020 |
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| Brianna Rosier |
Dignity: the Most Important Common Resource |
34 BYU Journal of Public Law 313 (2020) |
As a proselyting missionary, I spent time in many northern Colorado cities. While living in Loveland and Fort Collins, I was occasionally hit by a foul-smelling wind. Citizens of those cities would take a whiff and say, Smells like Greeley. The phrase was so prevalent that I picked it up myself, even though I had never been to Greeley, a city... |
2020 |
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| Annette Clark |
Diploma Privilege and the Future of the Bar Exam |
37No.6 GPSolo 19 (November/December, 2020) |
The COVID-19 pandemic has disrupted our lives and work in ways that were unimaginable only six months ago, as we've been faced with illness and death within our families and communities, a health care system that has been strained beyond capacity, the loss of jobs and increasing economic insecurity, anxiety and depression brought on by the fear of... |
2020 |
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| David Eichert |
Disciplinary Sodomy: Prison Rape, Police Brutality, and the Gendered Politics of Societal Control in the American Carceral System |
105 Cornell Law Review 1775 (September, 2020) |
This Note engages with critical legal scholarship about gender and race to reframe discussions about sodomy in American law. Instead of concentrating on the history and constitutionality of sodomy bans, I instead demonstrate how disciplinary sodomy remains an intrinsic part of the American carceral system. I detail several scenarios in which anal... |
2020 |
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| Daniel A. Klein, J.D. |
Disclosure, under State Freedom of Information or Records Act, of Video Obtained by Police or Other Law Enforcement Authorities from Dash Camera, Mobile Video Recorder, or Security or Surveillance Camera |
48 American Law Reports ALR7th Art. 2 (2020) |
Various types of electronic devices are typically used by police or other law enforcement agencies for recording or surveillance purposes. Besides stationary surveillance or security cameras within law enforcement agency premises, such devices include mobile video recorders or dashboard cameras (dash cams) mounted in law enforcement vehicles.... |
2020 |
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| Derek W. Miller |
Discrimination, Discretion, and Iowa's Packed Prisons |
105 Iowa Law Review 901 (January, 2020) |
ABSTRACT: For decades, the racial disparity in Iowa's prison system has persistently been one of the worst in the nation--despite the fact that the state is home to relatively few people of color. This Note submits that Iowa's County Attorneys may play an outsized role in perpetuating this state of affairs by charging and convicting... |
2020 |
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| Sarah L. Swan |
Discriminatory Dualism |
54 Georgia Law Review 869 (Spring, 2020) |
This Article identifies and theorizes a significant but previously overlooked feature of structural discrimination: it frequently develops into two seemingly opposing, yet in fact mutually supportive practices. This discriminatory dualism occurs in multiple contexts, including policing, housing, and employment. In policing, communities of color... |
2020 |
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| Clint Watts |
Disinformation's Dangerous Appeal: How the Tactic Continues to Shape Great Power Politics |
44-SUM Fletcher Forum of World Affairs 19 (Summer, 2020) |
fletcher forum: Can you define for us what is meant by the term, disinformation? clint watts: Disinformation is information that is deliberately created to achieve an objective that is knowingly false. This means that the person, the organization, the country, or the entity that is distributing it knows that it is not true, but it's designed to... |
2020 |
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| Kevin E. Jason |
Dismantling the Pillars of White Supremacy: Obstacles in Eliminating Disparities and Achieving Racial Justice |
23 CUNY Law Review 139 (Winter, 2020) |
Introduction. 140 I. A Tale of Two Americas Still Persists Today Between People of Color and Whites. 142 II. The Four Pillars Of White Supremacy: A Proposed Framework and Illustration Through Housing Policies. 148 A. Recognizing the Four Pillars of White Supremacy. 148 B. The Four Pillars at Work in Government-Led and Government-Sanctioned Housing... |
2020 |
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| Peter Blanck , Ynesse Abdul-Malak , Meera Adya , Fitore Hyseni , Mary Killeen , Fatma Altunkol Wise |
Diversity and Inclusion in the American Legal Profession: First Phase Findings from a National Study of Lawyers with Disabilities and Lawyers Who Identify as Lgbtq+ |
23 University of the District of Columbia Law Review 23 (Spring, 2020) |
Purpose: This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (ABA). With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse... |
2020 |
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Diversity Matters, Disclosure Works, and the Sec Can Do More |
24No.10 Wallstreetlawyer.com: Securities in the Electronic Age NL 5 (10/1/2020) |
Today I want to talk you about a topic that has dominated my thoughts recently, and Im sure many of yours as well: diversity and inclusion. I know that many of you have long advocated for greater diversity on corporate boards and elsewhere. Recent events have triggered an unprecedented national conversation on racial injustice that also highlights... |
2020 |
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| Richard S. Levick |
Diversity, Equity, and Inclusion: the Challenges Ahead for Lawyers and Directors |
39No.10 Of Counsel Counsel 5 (October, 2020) |
Are directors even relevant anymore? --Fortune 150 Board Member Over the years, I have had the honor of working with and speaking to many boards, public and private, and with many individual board members. Never was I simultaneously impressed and surprised by a question more than the one above. And that was three years ago. The world has only... |
2020 |
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| Jonathan Cardi , Valerie P. Hans , Gregory Parks |
Do Black Injuries Matter?: Implicit Bias and Jury Decision Making in Tort Cases |
93 Southern California Law Review 507 (March, 2020) |
They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by African Americans are devalued relative to the injuries of whites. This study is one of the first comprehensive experimental examinations of how race affects judgments of tort injuries. We... |
2020 |
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Dress Code-related Discipline Related to Blm Movement Turns into a Breeding Ground of Controversy |
360 Employment Law Counselor NL 3 (8/1/2020) |
An employee handbook clearly states that employees are prohibited from donning visible slogans, messages, logos or advertising that are not company-related. During the COVID-19 era, that organizations employees are expected to wear face masks at work. If they wear masks with messaging or non-work-related logos, the employer offers them... |
2020 |
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| Malhar Shah |
Elusive Morality: Why the Supreme Court Should Formally Disavow Moral Justifications for Burdening Liberty Interests, but Recognize its Importance for Expanding Rights |
25 Texas Journal on Civil Liberties & Civil Rights 131 (Spring, 2020) |
Abstract. 132 I. Introduction. 132 II. The Mentalist Theory: A Framework for Understanding Meaning. 133 III. How Judith Butler and Slavoj Iiiek's Theories of the Mind Make Meaning Fraught. 135 IV. Brain Scans: A Lens into Meaning. 138 V. The History of Morality in the Supreme Court. 141 A. The Supreme Court's disavowal of moral interests. 141 B.... |
2020 |
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| CQ Roll Call staff |
Emergency Room Visits Plunged During Covid-19 Lockdowns, Cdc Says |
CQ Roll Call Insurance Briefing (6/4/2020) |
Emergency room visits fell sharply over a four-week period from March 29 to April 25 as states imposed lockdowns to combat the COVID-19 pandemic, Centers for Disease Control and Prevention data shows. |
2020 |
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| Karen M. Markin, Ph.D., Director of Research Development, University of Rhode Island |
Emerson, Thomas I. Toward a General Theory of the First Amendment, 72 Yale L. J. 877 (1963) |
25 Communication Law and Policy 390 (Summer, 2020) |
I have probably referred to Thomas I. Emerson's Toward a General Theory of the First Amendment more often than any other article. Emerson's theory--which covers the values served by the First Amendment, the problems with maintaining a system of freedom of expression, the role of law and legal institutions in this effort, and the formulation of... |
2020 |
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| Richard I. Lehr, Lehr Middlebrooks Vreeland & Thompson, P.C. |
Employers Play Key Role in National Reckoning on Racial Disparities |
1No.8 Southeast Employment Law Letter 5 (8/1/2020) |
The Black Lives Matter movement emerged in 2013 after George Zimmerman was acquitted in the shooting death of Trayvon Martin. The recent killings of George Floyd and others have resulted in the movement expanding beyond the issues of law enforcement and race--they have resulted in a national reckoning on racial disparities in several regards,... |
2020 |
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