| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| Juliegrace Brufke |
Gop Rep Calls on Primary Opponent to Condemn Campaign Surrogate's Racist Video |
The Hill (6/4/2020) |
Rep. Denver Riggleman (R-Va.) called on his primary opponent Bob Good to condemn a video containing racist and homophobic remarks made by Goods campaign surrogate circulating social media on Thursday. |
2020 |
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| Scott Wong |
Gop Struggles to Confront Racial Issues |
The Hill (6/14/2020) |
Less than five months before the election, congressional Republicans are struggling to confront a host of thorny racial issues that have been unexpectedly thrust into the 2020 campaign spotlight. |
2020 |
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| Marty Johnson |
Grand Jury Charges No Officers in Breonna Taylor Death |
The Hill (9/23/2020) |
A Kentucky grand jury on Wednesday did not bring any charges against police officers in the killing of Breonna Taylor, and instead announced three lesser counts of wanton endangerment against Louisville police officer Brett Hankison. |
2020 |
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| Caitlyn Grey Fiebrich |
Guns, Gundy, Gorsuch: Could a New Nondelegation Doctrine Change the Course of the Aumf? |
58 Houston Law Review 453 (Fall, 2020) |
One congressional grant of authority, aimed explicitly at the forces involved in the September 11 attacks, has become the legal basis for effectively all military operations in the Middle East and Northern Africa to date. The Authorization for Use of Military Force of 2001 (AUMF) was passed hastily during a time of national crisis, yet it remains... |
2020 |
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| Andrea Giampetro-Meyer , Nancy Kubasek |
Harvey: Environmental Justice and Law |
31 Fordham Environmental Law Review 37 (Winter, 2020) |
Disasters provide moments in which fractures and inequalities in society are exposed for all to see. The true injustice of Harvey is that many of the people who have lost their homes and lives to Harvey are the same people who have had to live with the environmental degradation, polluted water and toxic air from the oil and gas refineries along... |
2020 |
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| John Bowden |
Hawley Calls for Civil Rights Probe of Prosecutor Investigating Gun-wielding St. Louis Couple |
The Hill (7/16/2020) |
Sen. Josh Hawley (R-Mo.) called on the Justice Department to launch a civil rights investigation into St. Louis Circuit Attorney Kimberly Gardner and her office after Gardner herself announced an investigation into a white couple who were seen on video threatening Black Lives Matter protesters at gunpoint. |
2020 |
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| GabBirenbaum |
Hawley Fires Back at Espn, Nba over China |
The Hill (7/13/2020) |
Sen. Josh Hawley (R-Mo.) in an interview on Monday called ESPNs suspension of reporter Adrian Wojnarowski a distraction from the NBA's relationship with China and said he would support a Senate subpoena of NBA Commissioner Adam Silver. |
2020 |
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Headlines on School Law |
47No.14 School Law Bulletin NL 1 (7/25/2020) |
In 2015-2016 federal data indicates that while black children constitute 15% of K-12 U.S. students, they make up 31% of those arrested at school or referred to law enforcement. Many believe this kind of data forms the underpinning of what is commonly referred to as the school-to-prison pipeline, a pattern of discrimination sending young people of... |
2020 |
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| George J. Annas |
Health and Human Rights |
45 Human Rights Rts. 1 (2020) |
The American health care industry is killing us, and the casualties are mounting daily. Instead of saving lives, it is more often taking them, and not only by failing to seriously confront the coronavirus pandemic and racism in the industry, but also by the way health care is financed. We have the most expensive health care system in the world, and... |
2020 |
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Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown |
56 Criminal Law Bulletin ART 3 (2020) |
Delores Jones-Brown: 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,... |
2020 |
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Highlights |
45No.1 Federal Rules of Evidence Newsletter NL 1 (1/1/2020) |
The January 2020 issue of Federal Rules of Evidence News discusses several recent federal court decisions involving the Federal Rules of Evidence, including: RULES CONSTRUED IN THIS ISSUE: 201, 401, 402, 403, 404, 414, 701, 702, 1006 |
2020 |
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| Mike Lillis and Cristina Marcos |
House Panel Advances Police Reform Bill |
The Hill (6/17/2020) |
Democrats on the House Judiciary Committee on Wednesday advanced historic legislation to reform police practices in the wake of the death of George Floyd, an African American man who died while in police custody last month.The partisan 24-14 vote after a marathon 11-hour markup sends the package to the full House for consideration next week and... |
2020 |
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| Jonathan Easley |
How Trump Cleared the Park Around the White House |
The Hill (6/1/2020) |
Tensions between President Trump, law enforcement and protesters demanding justice for George Floyd reached ominous new heights Monday night when military personnel fired tear gas into a crowd of demonstrators just outside White House grounds. |
2020 |
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| Aziz Rana |
How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire |
130 Yale Law Journal Forum 312 (11/2/2020) |
abstract. Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say... |
2020 |
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Ideas and Trends Issue No. 837 |
HR HR Compl. Compliance 7124720 (2020) |
STATE LAW ROUNDUP PART 1The impact of COVID-19 on this year's state legislative activity cannot be overstated EMPLOYEE LEAVEEmployees gained greater leave protections in 2020 ACCOMMODATIONSMaryland, Tennessee, and Virginia said employers cannot force pregnant employees to take leave EMPLOYEE PRIVACYLawmakers said no to device implantation,... |
2020 |
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| Marty Johnson |
Illinois Lawmaker Says Trump Wants to Instigate a Race War |
The Hill (7/22/2020) |
Rep. Bobby Rush (D-Ill.) on Wednesday lashed out at President Trump for his support of federal officers deployed to Portland in recent weeks, saying that the president's game plan" is to stoke racial tension among the country." |
2020 |
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| T. Andrew Brown |
Imagining a Bright Future Where Everyone Is Treated Equally |
92-AUG New York State Bar Journal B.J. 8 (August, 2020) |
Racial injustice has seemingly become everyone's problem, increasing the interest in and likelihood of finding solutions. Finally. Conversation around racial injustice in America has reached new heights. It's no longer a conversation driven solely by people of color, for people of color. Black Lives Matter (BLM) has become a movement embraced by... |
2020 |
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| Charles R. Lawrence III |
Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 |
133 Harvard Law Review 2304 (May, 2020) |
We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... |
2020 |
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In the News |
16No.7 Education Employment Law Bulletin NL 5 (7/1/2020) |
According to the May employment report released by the U.S. Bureau of Labor Statistics, employment in private education rose over the course of the month while public employment declined. As a direct result of school closures due to the Coronavirus, there were major declines in local government education employment. These declines accounted for... |
2020 |
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| Nizan Geslevich Packin |
In Too-big-to-fail We Trust: Ethics and Banking in the Era of Covid-19 |
2020 Wisconsin Law Review 1043 (2020) |
The COVID-19 economic crisis has brought to light something very broken in the American banking system--that banks prioritize their own profits over the interests of those they serve and over the interests of social justice. And they are permitted to do so because they do not owe a fiduciary duty to their customers and are not social welfare... |
2020 |
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