| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| Ethan Howland, CQ Roll Call |
Environmental Justice to Factor in Corporate Renewable Deals, Levelten Says |
CQ Briefing Roll Call Washington Corporate Governance (11/9/2020) |
Companies will increasingly consider social justice issues when they buy renewable energy, according to LevelTen Inc. |
2020 |
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Eric's Blog |
25No.4 Cyberspace Lawyer NL 5 (5/1/2020) |
Bell authored a book called Winning Isnt Normal. He got a copyright registration for the book and a separate registration for a 241-word passage from the book (I wont include that passage here for reasons that soon will be obvious). Bell claims this passage is the heart of the book. In May 2016, Moawad Group posted the passage to its social... |
2020 |
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| Era Anagnosti, Colin Diamond, Maia Gez, Dov Gottlieb, Danielle Herrick |
Esg Disclosure Trends in Sec Filings |
Corporate Governance Advisor 6018401 (2020) |
Era Anagnosti, Colin Diamond, Maia Gez, and Dov Gottlieb are Partners, and Danielle Herrick is a Professional Support Lawyer, of White & Case LLP. By Era Anagnosti, Colin Diamond, Maia Gez, Dov Gottlieb, and Danielle Herrick © 2020 White & Case LLP. Era Anagnosti, Colin Diamond, Maia Gez, and Dov Gottlieb are Partners, and... |
2020 |
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| Laura Weiss, CQ Roll Call |
Esg Investors Emphasize Paid Leave, Worker Say as Covid-19 Cases Climb |
CQ Briefing Roll Call Washington Corporate Governance (11/19/2020) |
As the U.S. reaches record-highs for daily COVID-19 cases, investors are demanding that companies provide workers with paid sick leave and give employees a say in pandemic safety and other workplace issues. |
2020 |
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| Tom C.W. Lin |
Executive Private Misconduct |
88 George Washington Law Review 327 (March, 2020) |
Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... |
2020 |
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| Zack Budryk |
Ex-pence Aide Turned Trump Critic 'Very Concerned' about Jan. 6 Violence |
The Hill (12/29/2020) |
A former aide to Vice President Pence who has since become a vocal critic of the Trump administration warned Monday that she feared violence could erupt in Washington, D.C., on Jan. 6, when Congress will formally certify President-elect Joe Bidens Electoral College victory. |
2020 |
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| Zack Budryk |
Ex-presidents Honor Lewis's Contributions to Nation at Funeral |
The Hill (7/30/2020) |
Every living former president was present or represented at the Thursday funeral of the late Rep. John Lewis (D-Ga.) at Atlantas Ebenezer Baptist Church, capping off a week of tributes to the late civil rights icon. |
2020 |
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Facebook Directors Failed to Curb Discrimination, Investor Suit Says |
35No.02 08 (2020) |
A Facebook shareholder says the social media giant's top executives and directors have perpetuated unlawful discrimination against Black individuals and other minorities, causing massive damage" to the company's reputation and bottom line. Natalie Ocegueda's derivative complaint |
2020 |
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| Cristina Marcos |
Facebook Removes Gop Lawmaker's Post for Inciting Violence |
The Hill (9/2/2020) |
Rep. Clay Higgins (R-La.) suggested in a Facebook post on Tuesday that armed demonstrators in his state should be met with force, leading the social media platform to remove it for breaking its policies against inciting violence. |
2020 |
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| Laura Weiss, CQ Roll Call |
Facebook, Oracle, Qualcomm Shareholders Sue over Diversity Commitments |
CQ Briefing Roll Call Washington Corporate Governance (8/27/2020) |
Boards of some of the largest U.S. companies including Facebook Inc. and Oracle Corp. are failing to follow through on public statements about diversity, according to lawsuits filed on behalf of investors. |
2020 |
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| Joyce Boland-DeVito |
Fashion(ing) a Political Statement: a Review of the Legal & Social Issues That Arise from Banned Political Clothing and Other Controversial Fashion Items in Light of the U.s. Supreme Court's Decision in Minnesota Voters Alliance V. Mansky |
30 Fordham Intellectual Property, Media and Entertainment Law Journal 493 (Winter, 2020) |
Does the U.S. Supreme Court believe that the Free Speech Clause of the First Amendment includes freedom of expression in our clothing? The answer is yes! This Article will show that fashion can make a strong political statement (or misstatement) in the court of law as demonstrated by the U.S. Supreme Court's recent decision striking down... |
2020 |
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| Morgan Gstalter |
Fbi Memo: Administration Officials Saw Immediate Threat from George Floyd Protests |
The Hill (7/29/2020) |
A memo from the deputy director of the FBI reportedly declared anti-racism protests following George Floyd's death a national crisis and suggested protesters be arrested under a law from the 1940s, a signal that Trump administration officials were alarmed and uncertain about the demonstrations. |
2020 |
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| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to... |
2020 |
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| Marty Johnson |
Federal Agents Clash with Portland Protesters, Use Tear Gas |
The Hill (7/25/2020) |
Protesters and federal agents faced off again Friday night in downtown Portland, with protesters shooting fireworks toward the federal courthouse and agents responding with tear gas. |
2020 |
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| Marty Johnson |
Federal Judge Temporarily Bars Federal Officers in Portland from Taking Actions Against Journalists, Observers |
The Hill (7/23/2020) |
A federal judge in Oregon on Thursday night issued a temporary restraining order against the federal agents deployed in Portland, prohibiting them from threatening to arrest, arresting, dispersing or using force against journalists and legal observers who are at the protests. |
2020 |
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| Jim Saksa, CQ Roll Call |
Fed's Powell Urges Congress to Spend on Unemployed in Pandemic |
CQ Briefing Roll Call Washington Banking (6/16/2020) |
Federal Reserve Chairman Jerome Powell on Tuesday urged Congress to spend more money to limit the economic damage of the COVID-19 pandemic, the latest in a chorus of current and past Fed officials to tell lawmakers that inaction could lengthen the recession. |
2020 |
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| G. Michael Parsons |
Fighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas |
104 Minnesota Law Review 2157 (May, 2020) |
Introduction. 2158 I. The Modern Market Metaphor: Reckoning with Reality. 2162 A. Conceptual Problems. 2162 1. Competition for Individual Acceptance. 2164 2. Competition for Exposure Across Society. 2169 B. Empirical Problems. 2171 C. Historical Problems. 2176 II. Attentional Choice: A Theory of Competition for the Marketplace of Ideas. 2180 III.... |
2020 |
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| Jessie Hellmann and Peter Sullivan |
Five Takeaways from Fauci's Testimony |
The Hill (7/31/2020) |
When Anthony Fauci, the nations top infectious diseases doctor, testified before Congress a month ago, the U.S. had just set a record with 48,000 new coronavirus cases in a single day. |
2020 |
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| Mike Lillis and Cristina Marcos |
Floyd's Brother Urges Congress to Take Action |
The Hill (6/10/2020) |
The brother of George Floyd appeared Wednesday on Capitol Hill to implore lawmakers to take the reins in the fight against racial injustice in law enforcement, injecting a shot of high emotion into an historic debate over police brutality and Congresss role in curbing it. |
2020 |
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| Nick Robinson |
Foreign Agents in an Interconnected World: Fara and the Weaponization of Transparency |
69 Duke Law Journal 1075 (February, 2020) |
The Foreign Agents Registration Act (FARA) is a sweeping and generally underenforced public-disclosure statute. Enacted in 1938, FARA was used during World War II to target fascist propaganda, but by the 1960s its enforcement had shifted to lobbyists and public-relations firms for foreign governments. After the 2016 presidential election, FARA... |
2020 |
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| Michael J. Klarman |
Foreword: the Degradation of American Democracy--and the Court |
134 Harvard Law Review Rev. 1 (November, 2020) |
C1-2CONTENTS Introduction. 4 I. The Degradation of American Democracy. 11 A. The Authoritarian Playbook. 11 B. President Trump's Authoritarian Bent. 19 1. Attacks on Freedom of the Press and Freedom of Speech. 20 2. Attacks on an Independent Judiciary. 22 3. Politicizing Law Enforcement. 23 4. Politicizing the Rest of the Government. 25 5. Using... |
2020 |
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| Julia Manchester and Scott Wong |
Former Cop Demings Faces Progressive Pushback in Veepstakes |
The Hill (6/19/2020) |
ORLANDO Rep. Val Demings (D-Fla.) is coming under intense scrutiny from progressives over her record as Orlando police chief a decade ago, posing a potential hurdle to her prospects of becoming Joe Biden's running mate. |
2020 |
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| Marty Johnson |
Former Dhs Spokesman Rips Federal Agents' Presence in Portland |
The Hill (7/28/2020) |
A former spokesperson for the Department of Homeland Security (DHS) wrote an op-ed Monday criticizing the Trump administration's response to the protests in Portland, Ore. |
2020 |
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| Marty Johnson |
Former Homeland Security Secretary Says Dhs Not Meant to Be 'President's Personal Militia' |
The Hill (7/22/2020) |
Tom Ridge, a former Republican governor of Pennsylvania and the first secretary of Homeland Security, asserted that the department established in late 2002 was not created to be the President's personal militia."" |
2020 |
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| Timothy Zick |
Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties |
106 Iowa Law Review 229 (November, 2020) |
ABSTRACT: Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a collective, civic republican, individual, and fundamental right. Gun rights advocates have... |
2020 |
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| Alan K. Chen |
Free Speech, Rational Deliberation, and Some Truths about Lies |
62 William and Mary Law Review 357 (November, 2020) |
Could fake news have First Amendment value? This claim would seem to be almost frivolous given the potential for fake news to undermine two core functions of the freedom of speech--promoting democracy and facilitating the search for truth, as well as the corollary that to be valuable, speech must promote rational deliberation. Some would... |
2020 |
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| Justin Driver |
Freedom of Expression Within the Schoolhouse Gate |
73 Arkansas Law Review Rev. 1 (2020) |
In the late 1960s, the Supreme Court began contemplating how the First Amendment's commitment to the freedom of speech should protect the right of students to introduce their own ideas into the schoolhouse. This constitutional question extended well beyond the matter addressed in West Virginia State Board of Education v. Barnette, because that... |
2020 |
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| Molly Connor |
From First Steps to Second Chances: Addressing Mass Incarceration in State Prisons |
95 Notre Dame Law Review 1699 (March, 2020) |
It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones .. --Nelson Mandela The United States contains only 5% of the world's population, but incarcerates over 20% of the world's prisoners. For the 2.3 million people currently behind... |
2020 |
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| Megan Armstrong |
From Lynching to Central Park Karen: How White Women Weaponize White Womanhood |
32 Hastings Women's Law Journal 27 (Winter, 2020) |
In recent years, we have seen an influx of Karens and otherwise nicknamed white women gain infamy on the internet. Though sometimes the behavior of these women is innocuous and merely entitled, the pejorative nickname Karen has also become a term for white women engaging in racist behavior. A typical scenario involves a white woman calling the... |
2020 |
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| Bandana Purkayastha |
From Suffrage to Substantive Human Rights: the Continuing Journey for Racially Marginalized Women |
42 Western New England Law Review 419 (2020) |
This Article highlights racially marginalized women's struggles to substantively access rights. Suffrage was meant to acquire political rights for women, and through that mechanism, move towards greater equality between women and men in the public and private spheres. Yet, racial minority women, working class and immigrant women, among others,... |
2020 |
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| Myra C. Selby |
From the Chair |
26No.3 Dispute Resolution Magazine Mag. 3 (September, 2020) |
The first Chair column of the bar year probably ought to be an inspirational and uplifting discussion of goals for the coming year, ending with a polite invitation to keep up the good work. As I sat down to write that column, the uplifting words just would not flow because other words spoke louder and with unrelenting urgency. THE WORLD IS ON... |
2020 |
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From the Desk of Jessica Klein |
26No.8 National Bulletin on Domestic Violence Prevention NL 3 (8/1/2020) |
Note: Jessicas column this month is written by Dominique Rémy. Dominique is a NYC-based writer and producer who is currently working on video and written projects about issues that impact Black and Brown communities. She is producing a feature-length documentary about maternal mortality and morbidity in communities of color. by Dominique Rémy Dear... |
2020 |
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| Lindsay R. Johnson , Mary-Kathryn Hawes |
From the Trail of Tears to Tam: How United States Trademark Law Fails Native Americans |
21 Wake Forest Journal of Business and Intellectual Property Law 29 (Fall, 2020) |
Abstract. 32 I. Introduction. 32 II. The Psychology of Trademarks. 34 A. Overview. 34 B. The Psychological Difference Between Design and Word Marks. 35 C. The Psycho-Socio-Economic Effects of Misappropriation of Racial Representations in Design Marks. 37 III. The Indian Arts and Crafts Act. 38 A. Background and Legislative History of the Indian and... |
2020 |
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| Christopher Williams |
Gatekeeping the Profession |
26 Cardozo Journal of Equal Rights & Social Justice 171 (Winter, 2020) |
Introduction. 171 Part I: Social Stratification. 175 Part II. The Structure of U.S. Legal Education. 179 A. Introduction to The Gate. 182 1. Test Prep. 182 2. LSAC Costs. 183 3. LSAT Bias. 185 4. Admission Bias. 186 B. Navigating Law School. 189 1. In Class. 190 2. Activities. 190 3. Community. 192 C. Exiting Law School. 193 Part III: Adapting to... |
2020 |
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| Helen M. Alvaré |
Gender Mistrust as a Public Health Crisis: a Preliminary Proposal |
108 Georgetown Law Journal 1401 (May, 2020) |
C1-3Table of Contents L1-2Introduction . L31401 I. Impaired Relations and Negative Stereotypes as a Public Health Crisis?. 1403 a. what makes a public health crisis?. 1403 b. impaired relations as a public health crisis: gun violence, racism, and opioid addiction. 1405 II. Gender Mistrust Has the Characteristics of a Public Health Crisis. 1408 a.... |
2020 |
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| Trina Jones , Jessica L. Roberts |
Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law |
120 Columbia Law Review 1929 (November, 2020) |
Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... |
2020 |
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| Zack Budryk |
George Floyd's Brother: Trump Kept 'Pushing Me Off' During Call |
The Hill (5/31/2020) |
The brother of George Floyd, the man whose death in Minneapolis on Monday set off nationwide protests, expressed disappointment with a conversation he had with President Trump, saying the president kept pushing me off. |
2020 |
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| Girardeau A. Spann |
Good Trouble |
10/30/2020 University of Chicago Law Review Online 35 (10/30/2020) |
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. The contemporary clash between competing visions of race is illustrated perhaps most clearly in the debate about affirmative action--a debate that often... |
2020 |
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Goodyear Stock Falls after Trump Tweet Calling for Boycott |
The Hill (8/19/2020) |
Goodyear Tire & Rubber Company stock fell by as much as 3.5 percent on Wednesday after President Trump called for a boycott over reports that employees in Kansas were told that Make America Great Again" apparel and other politically affiliated gear is not acceptable at work." |
2020 |
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| Mark Stricherz, CQ Roll Call |
Google, Netflix, Paypal to Bolster Black-owned Startups, Banks with Capital |
CQ Briefing Roll Call Washington Capital Markets (7/1/2020) |
Alphabet Inc.'s Google and Netflix Inc. said they will spend hundreds of millions of dollars to support Black-owned startups and banks in underserved communities after the technology companies were criticized over their hiring practices and other polices amid the Black Lives Matter movement. PayPal Holdings Inc. is also pitching in. |
2020 |
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