| Author | Title | Citation | Summary | Year | Relevancy |
| Valena E. Beety |
Pretrial Dismissal in the Interest of Justice: a Response to Covid-19 and Protest Arrests |
11/16/2020 University of Chicago Law Review Online 44 (11/16/2020) |
The most dangerous place to be in America is prison or jail. The coronavirus pandemic, which, when paired with unsanitary and overcrowded incarceration conditions, can transform a few months' sentence into a lifelong health condition or death, compounds the inherent dangers of incarceration in America. Nationally, in fact, jails and prisons are... |
2020 |
|
| E. Christopher Johnson, Jr., John H. Stout, Ashley C. Walter |
Profound Change: the Evolution of Esg |
75 Business Lawyer 2567 (Fall, 2020) |
This article has been abstracted from a series of telephone conference discussions among E. Christopher Johnson, Jr., John H. Stout, and Ashley C. Walter, each of whom has chaired committees of the Business Law Section and served as a member of the Council. The discussions focused on the evolution, meaning and critical importance of the ideas,... |
2020 |
|
| Stacey Haws Felkner, J.D. |
Proof of Qualified Immunity Defense in 42 U.s.c.a. § 1983 or Bivens Actions Against Law Enforcement Officers |
59 American Jurisprudence Proof of Facts 3d 291 (2020) |
This article addresses the protection afforded by the doctrine of qualified immunity in actions for violation of the plaintiff's constitutional rights brought against state and local police and law enforcement officers under 42 U.S.C.A. § 1983 or actions brought against federal law enforcement officers directly under the Constitution. Qualified... |
2020 |
|
| Caleb L. Green, Esq. |
Protecting Protest Art |
28-DEC Nevada Lawyer 11 (December, 2020) |
The death of George Floyd has resulted in a recent international outcry for social and criminal justice reform, sparking a wave of creative protests and artistic expressions. For example, on June 5, 2020, a team of eight artists joined a group of community volunteers to create a street mural with letters 50 feet in length spelling out BLACK LIVES... |
2020 |
|
| Frederick Vranizan |
Protecting the Individual Rights of Nfl Players as Private Sector Employees |
18 Seattle Journal for Social Justice 615 (Spring, 2020) |
It is a privilege to be a part of the National Football League--NFL Personal Conduct Policy Some of the subject matter of this article, and its underlying impetus, has been the subject of much debate for the last several years. Spurred by partisan politics and misinformation, the National Anthem debate that started when Colin Kaepernick knelt for... |
2020 |
|
| Catherine L. Fisk, Diana S. Reddy |
Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements |
70 Emory Law Journal 63 (2020) |
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... |
2020 |
|
| Amanda Maine, J.D. |
Proxy Season Illustrates Harmful Impact of Proposed Amendments on Shareholder Proposals, Investor Groups Say |
Sec. SEC Today 4642726 (2020) |
By Amanda Maine, J.D. Several investor advocacy groups have sent a letter to the SEC urging it to reject proposed changes to the SEC's shareholder proposal rules. In addition to reiterating earlier objections to the proposal relating to its impact on smaller investors and a lack of substantive economic analysis in the proposing release, the letter... |
2020 |
|
| |
Proxy Season Illustrates Harmful Impact of Shareholder Proposal Amendments, Investor Groups Say 32 |
SEC SEC No Action Letters Weekly 4642619 (2020) |
By Amanda Maine, J.D. Several investor advocacy groups have sent a letter to the SEC urging it to reject proposed changes to the SEC's shareholder proposal rules. In addition to reiterating earlier objections to the proposal relating to its impact on smaller investors and a lack of substantive economic analysis in the proposing release, the... |
2020 |
|
| Robert Size |
Publishing Fake News for Profit Should Be Prosecuted as Wire Fraud |
60 Santa Clara Law Review 29 (2020) |
This Article argues that publishing fake news online for profit should be prosecuted as wire fraud under 18 U.S.C. § 1343. Fake news publishers compete in the two-sided market for online news. They deceive their readers to profit from advertisers. Neither the readers nor the advertisers are defrauded. The readers are not defrauded because they do... |
2020 |
|
| Jeremiah A. Ho |
Queer Sacrifice in Masterpiece Cakeshop |
31 Yale Journal of Law & Feminism 249 (2020) |
Abstract: This Article interprets the Supreme Court's decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell's interest-convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and... |
2020 |
|
| Avidan Y. Cover |
Quieting the Court: Lessons from the Muslim Ban Case |
23 Journal of Gender, Race and Justice Just. 1 (Spring, 2020) |
The Supreme Court's Muslim ban decision in Trump v. Hawaii calls into question the civil rights litigation enterprise insofar as lawsuits challenge the U.S. government's injurious national security and immigration policies. Litigants and advocacy organizations should employ an array of strategies and tactics to avoid the Court's rulings that almost... |
2020 |
|
| Jeffrey Fagan , Alexis D. Campbell |
Race and Reasonableness in Police Killings |
( |
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer's assessment of whether threats to their safety or the safety of others requires... |
2020 |
|
| Johonna Turner, Ph.D. |
Race, Gender and Restorative Justice: Ten Gifts of a Critical Race Feminist Approach |
23 Richmond Public Interest Law Review 267 (March, 2020) |
By reading past this point you agree that you are accountable to the council. You affirm our collective agreement that in the time of accountability, the time past law and order, the story is the storehouse of justice. You remember that justice is no longer punishment. You affirm that the time of crime was an era of refused understanding and... |
2020 |
|
| Lolita Buckner Inniss |
Race, Space, and Surveillance: a Response to #Livingwhileblack: Blackness as Nuisance |
69 American University Law Review Forum 213 (August, 2020) |
C1-2Table of Contents Introduction. 213 I. Nuisance, Trespass, and the Interaction Between the Two. 219 II. #LWB Incidents as Legal Geography: Race and Space. 225 III. #LivingWhileBlack and Surveillance. 229 Conclusion. 231 |
2020 |
|
| Larry J. Martin |
Racial Equity: It's Time to Step up |
93-AUG Wisconsin Lawyer Law. 3 (July/August, 2020) |
As an organization, the State Bar is acting to ensure equal justice, but we can't do that alone. We need your help. Please. Take a moment to reflect on what you can do, as an individual and as a member . then do it. This isn't the column I was planning to write, but given the events of the last few months, it's the one I must. The killing of George... |
2020 |
|
| Robert L. Tsai |
Racial Purges |
118 Michigan Law Review 1127 (April, 2020) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies... |
2020 |
|
| Kim Shayo Buchanan, Phillip Atiba Goff |
Racist Stereotype Threat in Civil Rights Law |
67 UCLA Law Review 316 (May, 2020) |
Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,... |
2020 |
|
| |
Recent Eeoc Actions: Statement on Lgbt Month; Resolution of Mourning |
37No.15 Employment Alert NL 3 (7/22/2020) |
15.3 EEOC Chair Janet Dhillon recently posted a statement in honor of LGBT month: Many of our ancestors who immigrated to America idealized this country before they arrived, and once they got here, despite challenges and hardships, they and their children fell in love even more deeply with the United States. Few people ever let that love flow into... |
2020 |
|
| John Felipe Acevedo |
Reclaiming Black Dignity |
99 Texas Law Review Online Online 1 (2020) |
As American society seeks to institute police reforms in the wake of the protests following George Floyd's murder, the imperative to include communities that have been disproportionately victimized by police in those reform processes becomes increasingly apparent. For members of these communities, questions of police reform implicate not only... |
2020 |
|
| Margo Kaplan |
Reconciling #Metoo and Criminal Justice |
17 Ohio State Journal of Criminal Law 361 (Spring, 2020) |
I. Introduction. 361 II. #MeToo's Achievements. 366 A. Exposing the Criminal Justice System's Failures. 366 B. Contextualizing Sexual Violence. 371 III. #MeToo's Failures. 377 A. The Continuing Erasure of Women of Color. 377 B. The Monster Narrative. 382 IV. Lessons for the Criminal Justice System. 389 A. Reforming Rape Law and the Carceral State.... |
2020 |
|
| Travis Crum |
Reconstructing Racially Polarized Voting |
70 Duke Law Journal 261 (November, 2020) |
Racially polarized voting makes minorities more vulnerable to discriminatory changes in election laws and therefore implicates nearly every voting rights doctrine. In Thornburg v. Gingles, the Supreme Court held that racially polarized voting is a necessary--but not a sufficient--condition for a vote dilution claim under Section 2 of the Voting... |
2020 |
|
| Leah C. Butler, Francis T. Cullen, Alexander L. Burton, Angela J. Thielo, Velmer S. Burton, Jr., University of Cincinnati, University of Louisville, University of Arkansas at Little Rock |
Redemption at a Correctional Turning Point: Public Support for Rehabilitation Ceremonies |
84-JUN Federal Probation 38 (June, 2020) |
NEARLY TWO DECADES ago, Shadd Maruna (2001) transformed the study of life-course criminology with his classic Making Good: How Ex-Convicts Reform and Rebuild Their Lives. For most of its existence, American criminology had focused on juvenile delinquency (Cullen, 2011), assuming that crime peaked during the teen years and that most youths then... |
2020 |
|
| John E. Taylor, Interim Dean and Jackson Kelly Professor, West Virginia University College of Law |
Reflecting on the Death of George Floyd |
2020-AUT West Virginia Lawyer Law. 8 (Autumn, 2020) |
It's a privilege to lead the College of Law for the next year and to address The Bar through this column. I thank Greg Bowman for his service, and I wish him the best of luck at Roger Williams. We are living through an extraordinary time. The College of Law, like most other institutions, faces difficult challenges in adapting to the COVID-19... |
2020 |
|
| Blaine Goodwin |
Regulating Twitter as a Public Utility to Ensure Nondiscrimination |
50 Cumberland Law Review 597 (2019-2020) |
The idea that a tasteless joke could result in corporate entities removing a site from the internet would strike many readers as an Orwellian hypothetical. Nevertheless, this hypothetical became reality when Google canceled the registration of notorious neo-Nazi website Daily Stormer, mere hours after GoDaddy Inc., the website's host, also... |
2020 |
|
| Valorie E. Douglas |
Reparations 4.0: Trading in Older Models for a New Vehicle |
62 Arizona Law Review 839 (Fall, 2020) |
Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation of social and economic harm and hardship that Black Americans suffer for being Black Americans, notions of fairness and justice suggest redress for... |
2020 |
|
| Hilde Lindemann, Michigan State University, hlinde@msu.edu |
Reply to Mark Lance, Ásta, and Marya Schechtman |
17 Journal of Ethics & Social Philosophy 322 (June, 2020) |
Many thanks to my commentators, who expand on my ideas, fill in some missing gaps, and gently correct my blunders in Counter the Counterstory. They all, in one way or another, press down on my overoptimistic assessment of reasons to hope that counterstories will prevail in the end. Mark Lance focuses on the institution of stock characters,... |
2020 |
|
| Justine Coleman |
Republican Kenosha Congressman: Trump Visit Will 'Help Begin the Process of Healing' |
The Hill (9/1/2020) |
Rep. Bryan Steil (R-Wis.), who represents Kenosha, said Tuesday that President Trumps visit will help begin the process of healing for the city. |
2020 |
|
| Julia Manchester and Morgan Chalfant |
Republicans Cast Trump as Best Choice for Women |
The Hill (8/27/2020) |
Republicans have used the GOP convention this week to appeal directly to female voters, seeking to present President Trump as an advocate for women as he faces a significant gender gap in his battle for reelection against Democratic presidential nominee Joe Biden. |
2020 |
|
| Alexander Bolton |
Republicans Fear Backlash over Trump's Threatened Veto on Confederate Names |
The Hill (7/2/2020) |
Senate Republicans fear President Trump is putting them into a political no-win situation by threatening to veto a popular defense policy bill over bipartisan language to rename military bases named after Confederate generals. |
2020 |
|
| Scott Wong and Mike Lillis |
Republicans Walk Tightrope on Police Reform |
The Hill (6/9/2020) |
Congressional Republicans are walking a fine line as they craft police reforms in response to the public outcry over the death of George Floyd, an unarmed black man killed in police custody last month. |
2020 |
|