| Author | Title | Citation | Summary | Year | Key Terms |
| Kathryne M. Young , Katie R. Billings |
Legal Consciousness and Cultural Capital |
54 Law and Society Review 33 (March, 2020) |
In this article, we use a Bourdieusian framework to theorize the relationship between cultural capital and legal consciousness, and in turn to consider how variation in legal consciousness contributes to the creation and maintenance of legal hegemony. We investigate how cultural capital shapes the ways people navigate situations that force them to... |
2020 |
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| Florence Wagman Roisman |
Lessons for Advocacy from the Life and Legacy of the Reverend Doctor Pauli Murray |
20 University of Maryland Law Journal of Race, Religion, Gender and Class Class 1 (Spring, 2020) |
I sing of a new American Separate from all others, Yet enlarged and diminished by all others. I am the child of kings and serfs, freemen and slaves, Having neither superiors nor inferiors, Progeny of all colors, all cultures, all systems, all beliefs. I have been enslaved, yet my spirit is unbound. I have been cast aside, but I sparkle in the... |
2020 |
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| Shajuti Hossain |
Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers |
24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) |
About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... |
2020 |
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| Robert B. Farrell |
Lessons in Leadership: How Dillard University Juggled the Complexities of Campus Free Speech, the Demands of its Mission, and the Boundaries of the Law--all in a Matter of Days |
45 Journal of College and University Law 50 (2020) |
Campus free speech generates strong opinions but few consider the challenge it presents to campus leadership. Presidents espouse diversity and inclusivity while recognizing the importance of all ideas, some of which threaten those goals. Dillard University in New Orleans faced this issue. In doing so, Dillard found its core ideals and determined... |
2020 |
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| Gerard A. Hornby |
Let Them Eat Cake: a Comparative Analysis of Recent British and American Law on Religious Liberty |
58 Duquesne Law Review 377 (Summer, 2020) |
I. Introduction. 377 II. Cakes and Consciences. 380 A. Masterpiece Cakeshop. 380 B. Ashers Baking Company. 384 C. The Devil Is in the Detail: Religion and the Refusal to Accommodate. 386 III. What We Can Learn from Masterpiece and Ashers. 390 A. A Sensible Synthesis?. 390 1. Compelled Speech. 390 2. Guilt by Expressive Association. 393 B. The... |
2020 |
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| Dallas Lopez, Oscar Sarabia Roman, Editors-In-Chief, Volume 30, Berkeley La Raza Law Journal |
Letter from the Editors |
30 Berkeley La Raza Law Journal L.J. I (2020) |
July 2020 Dear Comunidad: Berkeley Law students founded Berkeley La Raza Law Journal (LRLJ) in 1981 to uplift Latinx scholars' voices by providing a platform for publication. Since then, LRLJ has published and promoted critical legal pieces impacting the greater Latinx community. This year brought many unexpected changes. The COVID-19 pandemic... |
2020 |
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| Tal Axelrod |
Lgbtq Groups Celebrate Buttigieg Pick for Transportation Secretary |
The Hill (12/15/2020) |
Two of the nations top LGBTQ advocacy groups celebration Pete Buttigiegs nomination to be President-elect Joe Bidens Transportation secretary. |
2020 |
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| Athena D. Mutua |
Liberalism's Identity Politics: a Response to Professor Fukuyama |
23 University of Pennsylvania Journal of Law and Social Change 27 (2020) |
INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and... |
2020 |
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| Molly Gibbons |
License to Offend: How the Nlra Shields Perpetrators of Discrimination in the Workplace |
95 Washington Law Review 1493 (October, 2020) |
Abstract: Congress established the National Labor Relations Board (NLRB or the Board) to enforce the National Labor Relations Act (NLRA or the Act) and ensure fair labor practices in workplaces across the United States. The NLRA protects employees from discipline while engaging in union activity. Under the NLRA, employers and unions must... |
2020 |
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| G. Alex Sinha |
Lies, Gaslighting and Propaganda |
68 Buffalo Law Review 1037 (August, 2020) |
C1-2Table of Contents Introduction. 1040 I. Defining Propaganda. 1044 A. Legal Uses of the Term. 1047 1. International law. 1047 2. Domestic law. 1051 B. Scholarly Uses of the Term. 1062 C. Refining the Definition of Propaganda to Derive a Comprehensive Model. 1065 1. Manipulation. 1066 2. Persuasive power and persuasive effect. 1076 II.... |
2020 |
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| Mailyn Fidler |
Local Police Surveillance and the Administrative Fourth Amendment |
36 Santa Clara High Technology Law Journal 481 (August, 2020) |
Police surveillance has become a problem of governance, not a problem of procedure. The introduction and use of sophisticated surveillance technologies, once reserved for elite central governments, in local policing has raised questions about the sufficiency of existing approaches. Judicial oversight-- applying standard Fourth Amendment... |
2020 |
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| Justin Wise |
Loeffler Knocks Wnba Players for Wearing Shirts Backing Democratic Challenger |
The Hill (8/4/2020) |
Republican Sen. Kelly Loeffler on Tuesday ramped up her criticism of the WNBA after players across the league wore T-shirts endorsing her Democratic challenger in the Georgia Senate race, claiming it showed they were more concerned with playing politics than basketball. |
2020 |
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Looking Back, and Looking Ahead, at Corporate Governance |
24No.12 Wallstreetlawyer.com: Securities in the Electronic Age NL 2 (12/1/2020) |
Earlier this year, John Wilcox retired as Executive Chairman of Morrow Sodali (he is now Chairman Emeritus), a role that he held from 2006 to 2020. From 2003 to 2008 he was Senior Vice President and Head of Corporate Governance at TIAA-CREF and earlier he served as Chairman of Georgeson & Company. He is also a member of Wall Street Lawyers... |
2020 |
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| Zack Budryk |
Los Angeles Mayor Announces He Won't Be Joining Biden Administration |
The Hill (12/17/2020) |
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2020 |
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| Marty Johnson |
Louisville Police Chief Declares State of Emergency Ahead of Expected Breonna Taylor Announcement |
The Hill (9/21/2020) |
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2020 |
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| Richard Delgado , Jean Stefancic |
Love in the Time of Cholera |
68 UCLA Law Review Discourse 176 (2020) |
A famous novel by Gabriel García Márquez describes a love story among three actors that took place in a city in Colombia during the time of cholera. The interpersonal dynamics that unfold in this work by a Nobel Prize-winning writer offer insight into events taking place today. We show how the urge to romanticize emotions during a time of great... |
2020 |
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Manage Political Messaging Through Dress Codes |
37No.18 Employment Alert NL 1 (9/1/2020) |
18.1 During every presidential election, employers contend with employees who want to express support for their candidate through hats, buttons, t-shirts, and other apparel emblazoned with candidates names or slogans. Add in a new option for expression this yearface masks meant to protect workers and customers from COVID-19and employers will... |
2020 |
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| David L. Johnson, Butler Snow LLP |
Managing Office Politics: Avoiding Discord in the Workplace |
1No.11 Midsouth Employment Law Letter 1 (11/1/2020) |
It seems like we live in a tinderbox. The combination of the upcoming presidential election, emerging debates about social justice issues, and the ongoing pandemic seems to have created the perfect storm. When filtered into a diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability... |
2020 |
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| Caroline V. Lawrence, The COVID-Dynamic Team |
Masking Up: a Covid-19 Face-off Between Anti-mask Laws and Mandatory Mask Orders for Black Americans |
11 California Law Review Online 479 (November, 2020) |
Mandatory PPE orders during COVID-19 have forced Black Americans to weigh the dangers of disease against the dangers of selective enforcement and racial profiling. In states with civil rights-era anti-mask laws, both wearing and eschewing masks could lead to police interaction. This Essay argues that anti-mask laws were only superficially intended... |
2020 |
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| Naomi Murakawa |
Mass Incarceration Is Dead, Long Live the Carceral State! |
55 Tulsa Law Review 251 (Winter, 2020) |
James Forman, Jr., Locking Up Our Own: Crime and Punishment in Black America (Farrar, Straus and Giroux 2017). Pp. 320. Hardcover $27.00. PaperbackK $16.00. Issa Kohler-Hausmann, Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing (Princeton University Press 2018). Pp. 328. Hardcover $29.95. Paperback $22.95.... |
2020 |
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| Sharon Dolovich |
Mass Incarceration, Meet Covid-19 |
11/16/2020 University of Chicago Law Review Online Online 4 (11/16/2020) |
From the earliest days of the pandemic, it was clear that the novel coronavirus posed an outsized danger to the more than two million people locked inside America's prisons and jails. Responding to the risk, many public officials nationwide took modest steps to reduce the incarcerated populations in their jurisdictions. But these efforts, though... |
2020 |
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| Zack Budryk |
Mccarthy Yanks Endorsement of California Candidate over Social Media Posts |
The Hill (5/25/2020) |
House Minority Leader Kevin McCarthy (R-Calif.) on Monday rescinded his endorsement of Ted Howze, a candidate for a California House district, after social media posts expressing anti-Muslim sentiment and accusing prominent Democrats of murder and drug use came to light. |
2020 |
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| Brett Samuels |
Mcenany Attacks Media in Response to Questions about Trump Nascar Tweet |
The Hill (7/6/2020) |
White House press secretary Kayleigh McEnany sparred with members of the press on Monday after repeatedly dodging questions about a tweet in which President Trump blamed NASCAR's decision to ban the Confederate flag for lower ratings and attacked one of the sport's most prominent Black drivers. |
2020 |
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Mcenany Says Maga Is Synonymous 'With Blue Lives Matter' |
The Hill (8/19/2020) |
White House press secretary Kayleigh McEnany said Wednesday that the president's 2016 Make American Great Again" slogan |
2020 |
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Minimum Lot Size Zoning Restrictions in Fact Dictate Much of the Affordable Housing Debate. |
2020-8 Construction Briefings NL 1 (8/1/2020) |
As the novel coronavirus continues its march across the country, and as the nation continues to confront the issues raised by the Black Lives Matter movement, both have brought to the fore concerns that have remained smoldering for a long time. One of those is the matter of affordable housing. In our preceding Briefings, we briefly looked at... |
2020 |
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| Chan Tov McNamarah |
Misgendering as Misconduct |
68 UCLA Law Review Discourse 40 (2020) |
As litigation regarding the civil rights of transgender persons blossoms, a curious trend has emerged: In briefs, pleadings, and motions advocating antitrans positions, attorneys have addressed trans parties with language at odds with their gender. Through a close review of the language in briefs for three recent Supreme Court cases, this Article... |
2020 |
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| Blair Chavis, Kevin Davis, Liane Jackson |
Moment -Or- Movement? |
106-NOV ABA Journal 34 (October/November, 2020) |
Lawyers have a long tradition of supporting efforts to bring racial and social justice to this country. They've argued important civil rights cases, demanded police accountability and advocated for public policies to address systemic and institutional racism. Recent killings of unarmed Black people by police have sparked a new wave of protests and... |
2020 |
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| Celine Castronuovo |
More than 1,000 Black Women Urge Biden to Appoint More Black Female Cabinet Members |
The Hill (12/8/2020) |
A group of more than 1,000 Black women leaders from across the country on Monday penned an open letter to President-elect Joe Biden and Vice President-elect Kamala Harris urging them to consider nominating more Black women for top Cabinet posts. |
2020 |
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More than 130 Federal Agents Will Stay Behind in Portland as 'Quick Reaction Force' :Report |
(7/31/2020) |
As some federal forces withdraw from Portland, more than 130 other federal officers will stay behind near the federal courthouse there to act as a quick reaction force, The Washington Post reported Friday |
2020 |
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| Katharine Silbaugh |
More than the Vote: 16-year-old Voting and the Risks of Legal Adulthood |
100 Boston University Law Review 1689 (October, 2020) |
Advocates of 16-year-old voting have not grappled with two significant risks to adolescents of their agenda. First, a right to vote entails a corresponding accessibility to campaigns. Campaign speech is highly protected, and 16-year-old voting invites more unfettered access to minors by commercial, government, and political interests than current... |
2020 |
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| John Kruzel |
More than Two Dozen Dc Bar Members Urge Disciplinary Probe of Ag Barr |
The Hill (7/22/2020) |
More than two dozen members of the D.C. Bar Association, including four of its former presidents, urged the groups disciplinary board on Wednesday to investigate Attorney General William Barr for committing serious ethical deviations as head of the Justice Department under President Trump. |
2020 |
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| Scott L. Cummings |
Movement Lawyering |
27 Indiana Journal of Global Legal Studies 87 (Winter, 2020) |
Over the past decade, scholars and practitioners in the United States, and around the world, have turned greater attention to the role of lawyers in social movements. This new focus has come at a time when fundamental questions ask what it means to achieve access to justice against the backdrop of extreme inequality and right wing populism across... |
2020 |
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| Anastasia M. Boles |
Moving the Needle: Two Promising Tools to Attack Arkansas's Racial Disparity in Criminal Sentencing |
43 University of Arkansas at Little Rock Law Review Rev. 1 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 1 II. Race and Incarceration in Arkansas. 6 A. Sentencing Disparities in Arkansas. 9 B. The Science of Racial Bias and the Criminal Justice System. 12 III. Racism, the Constitution, and the Jury Process. 15 IV. Before The Verdict: Arkansas's New Jury Instruction. 17 A. AMI Crim. 2d 101. 18 B. Other... |
2020 |
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| Shiu-Ming Cheer |
Moving Toward Transformation: Abolitionist Reforms and the Immigrants' Rights Movement |
68 UCLA Law Review Discourse 68 (2020) |
This Article discusses the criteria for abolitionist reforms and assesses whether current immigrants' rights demands move us towards a more transformative agenda, one that questions the legitimacy of the state. The Article argues that calls to invest in immigrant communities and to release immigrants from detention can be radical reforms that move... |
2020 |
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| Caitlin Reilly, CQ Roll Call |
Muni Investors, Advisers Seek Transparency on Police Misconduct Payouts |
CQ Briefing Roll Call Washington Corporate Governance (7/6/2020) |
As Black Lives Matter protests march on around the U.S., some investment advisers and asset managers are pushing for more disclosure on so-called judgment allocation bonds issued by cities and governments to fund payouts for settlements of lawsuits against police. |
2020 |
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| Marty Johnson |
Nba Flexes Muscle amid Partisan Attacks |
The Hill (8/28/2020) |
When the Milwaukee Bucks refused to play their playoff game against the Orlando Magic in outrage over the police shooting of Jacob Blake on Wednesday, the NBA already maligned by some as being too political took a giant step to the forefront on one of Americas most pressing social issues. |
2020 |
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Ncua's Harper Calls for Greater Agency, Industry Focus on Racial Justice |
(6/19/2020) |
National Credit Union Administration Board Member Todd M. Harper challenged the industry and his agency to do more to promote economic equality and racial justice amid the aftermath of the death of George Floyd and the protests by the Black Lives Matter movement that followed. |
2020 |
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| Marty Johnson |
New Aclu Report Finds That Police Shootings Have Not Decreased Despite Pandemic |
The Hill (8/19/2020) |
A new report from the American Civil Liberties Union (ACLU) reveals that even though Americans have spent most of 2020 inside their homes social distancing because of the coronavirus pandemic, fatal police shootings haven't stopped or slowed down. |
2020 |
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| Dylan Phillips |
New Technological Trends Are Changing the Legal, Ethical, and Public Policy Implications of Sting Operations |
26 Richmond Journal of Law and Technology Tech. 4 (Summer, 2020) |
It has long been held that a lawyer may not act deceitfully when working on a case by making false statements to the opposing party, especially to a person who has already retained counsel and the lawyer has already made statements directly to the opposing party. However, like all other legal doctrines, there are exceptions to the requirement that... |
2020 |
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News and Notes |
10/2020 The Florida Bar News 22 (10/1/2020) |
Roy L. Weinfeld presented, The End of Florida Moratoriums and Impact of Evictions, Foreclosures and Enforceable Writs, via Zoom webinar. Nicola Larmond-Harvey of Saunders & Walker in Pinellas Park has been appointed by the U.S. Southern District Court to the plaintiffs leadership team in the Zantac Multidistrict Litigation. |
2020 |
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| Tal Axelrod |
Number of Americans Who Disapprove of Trump's Race Relations Rises since February |
The Hill (10/3/2020) |
The number of Americans who disapprove of President Trumps handling of race relations ticked up since February, according to a new survey from the Democracy Fund + UCLA Nationscape Project that was published by USA Today. |
2020 |
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| Jason Rogovich |
Nyc Mayor Lifts Curfew Before Legal Challenges |
2020 CityLand CityLand 1 (6/11/2020) |
Curfew lawsuit filed in Los Angeles, but not necessary in New York City. On June 1, 2020, New York Governor Andrew Cuomo and Mayor Bill de Blasio collectively instituted a citywide curfew following four evenings of protests, which although mostly peaceful, included some instances of chaotic behavior which resulted in vandalism and property damage.... |
2020 |
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| Morgan Gstalter |
Obama Remembers John Lewis: 'I Stood on His Shoulders' |
The Hill (7/18/2020) |
Former President Obama on Saturday morning mourned the death of Rep. John Lewis (D-Ga.), saying he stood on his shoulders about the civil rights icon and longstanding member of Congress. |
2020 |
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| Marty Johnson |
Ocasio-cortez Demands Accountability over Viral Video of Unmarked Nypd 'Snatching' Protester |
The Hill (7/29/2020) |
Rep. Alexandra Ocasio-Cortez (D-N.Y.) lambasted the New York Police Department (NYPD) early on Wednesday after the NYPD late on Tuesday confirmed that it had conducted an arrest of a protester in an unmarked van. |
2020 |
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Ocasio-cortez: Trump Tweet on 75-year-old Protester a 'Reprehensible Act' |
(6/10/2020) |
Rep. Alexandria Ocasio-Cortez (D-N.Y.) on Wednesday denounced President Trump's sharing of an unfounded conspiracy theory that the elderly protester shoved to the ground by police in Buffalo, N.Y., may have been an ANTIFA provocateur |
2020 |
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| Jennifer Ferentz |
Officer Use of Force and the Failure of Oversight of New York City Jails |
47 Fordham Urban Law Journal 1393 (October, 2020) |
Introduction. 1394 I. Excessive Use of Force as an Intractable Problem. 1397 A. Jails and a History of Violence. 1397 B. Judicial Intervention and Federal Monitorship. 1402 C. Nunez v. City of New York and the Nunez Federal Monitorship. 1405 II. Mapping the New York City Jail System. 1407 A. The Department of Correction. 1408 B. New York City... |
2020 |
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| Marty Johnson |
Officers in George Floyd's Death Appear in Court, Motion for Separate Trials |
The Hill (9/11/2020) |
The four former Minneapolis police officers who were involved in the killing of George Floyd at the end of May appeared in the Hennepin County courthouse on Friday for a pretrial hearing, with attorneys on both sides of the case representing multiple motions. |
2020 |
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| Kaelan Deese |
Omar Declares Hypocrisy over Reaction to Far-right Protester Calling for 'Assassinating Democrats' |
The Hill (9/8/2020) |
Rep. Ilhan Omar (D-Minn.) accused the media of hypocrisy after a video showed a right-wing counterprotester in Oregon who called for assassinating Democrats."" |
2020 |
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| Leah M. Litman, Deeva Shah |
On Sexual Harassment in the Judiciary |
115 Northwestern University Law Review 599 (2020) |
Abstract--This Essay examines the legal profession's role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It... |
2020 |
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| Christina Bohannan |
On the 50th Anniversary of Tinker V. Des Moines: Toward a Positive View of Free Speech on College Campuses |
105 Iowa Law Review 2233 (July, 2020) |
ABSTRACT: Fifty years ago, the Tinker case confirmed the free speech rights of students and identified the classroom as peculiarly the marketplace of ideas. Upholding the students' right to protest the Vietnam War, Tinker was one of many Supreme Court decisions to establish the First Amendment as an ally in movements for freedom, justice, and... |
2020 |
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