| Author | Title | Citation | Summary | Year | Relevancy |
| Angela P. Harris , Aysha Pamukcu |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and... |
2020 |
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| Fred O. Smith, Jr. |
The Constitution after Death |
120 Columbia Law Review 1471 (October, 2020) |
From mandating separate and unequal gravesites, to condoning mutilation after lynchings, to engaging in cover-ups after wrongful police shootings, governmental actors have often degraded dignity in death. This Article offers an account of the constitutional law of the dead and takes aim at a legal rule that purports to categorically exclude the... |
2020 |
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| Pamuela Halliwell, LMFT |
The Dying Black Transgender Woman: Sight Unseen #Saytheirnames |
42 Thomas Jefferson Law Review Rev. 6 (Spring, 2020) |
INTRODUCTION. 7 I. THE FOUNDATION BEHIND VIOLENCE UPON BLACK TRANS WOMEN. 9 A. Transgender Women Lives Lost as a Result of Unequal Rights and Protections: Misgendering by Law Enforcement & The Media. 9 B. Factors leading to Anti-transgender Stigma and Increased Violence. 14 II. CURRENT ADMINISTRATION VIEWING BLACK TRANSGENDER WOMEN'S LIVES AS LESS... |
2020 |
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| Luz Herrera , Louise G. Trubek |
The Emerging Legal Architecture for Social Justice |
44 New York University Review of Law and Social Change 355 (2020) |
Lawyers advocating for social change are now front and center in newspapers and social media. This Article discusses how a new breed of progressive lawyers envision social justice law practice today. These lawyers, who we refer to as critical lawyers, are diverse in background, gender, ethnicity and race. They see law as a complex, contradictory... |
2020 |
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| Anne E. Conroy |
The First Amendment's Role on the Internet Governed by Private Actors: Disclosure Requirements as the "Best of Disinfectants" |
27 George Mason Law Review 381 (Spring, 2020) |
In the twenty years since the Supreme Court first considered regulation of speech on the internet, the medium has lived up to its promise to provide a myriad of opportunities for speech. But in that same time period, the enormously expanded power of companies like Twitter and Facebook over those speech opportunities has brought new challenges to... |
2020 |
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| Hon. Martin C. Carlson |
The Fourth Amendment: a Philosophical Appreciation, Historic Reflection, Current Assessment and Thoughts on a Path Forward |
29 Widener Commonwealth Law Review 11 (2020) |
In this symposium, we contemplate--and celebrate--the Fourth Amendment to the United States Constitution. It is altogether fitting and proper that we do so. In a mere 54 words, the Fourth Amendment protects persons, places, and things from unreasonable searches and seizures while prescribing the legal requisites for issuance of warrants. As such,... |
2020 |
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| Christian Sundquist |
The Future of Law Schools: Covid-19, Technology, and Social Justice |
53 Connecticut Law Review Online Online 1 (December, 2020) |
The COVID-19 pandemic has laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum. The need to re-envision the future of legal education existed well before the current pandemic, spurred by the shifting nature of legal practice as well as... |
2020 |
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| Paul J. Larkin, Jr. |
The Future of Presidential Clemency Decision-making |
16 University of Saint Thomas Law Journal 399 (Spring, 2020) |
I. The Importance of Improving the Clemency Process. 400 II. Improving the Architecture of the Clemency Process. 404 III. Should the President Make Clemency Decisions at All?. 407 IV. Conclusion. 422 |
2020 |
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| Jennifer M. Pizio |
The Importance of Diversity and Inclusion in Health Care Compliance |
22No.2 Journal of Health Care Compliance 21 (March-April, 2020) |
The importance of diversity and the challenges of inclusion have been dominating the media and employment sector for the past few years. Social movements such as #blacklivesmatter, the #metoo movement, and expansions in understandings of gender and sexuality in the LGBTQ community have trickled down from society at large and have become part of our... |
2020 |
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| John F. Pfaff |
The Incentives of Private Prisons |
52 Arizona State Law Journal 991 (Fall, 2020) |
Few institutions in our deeply flawed and troubled criminal justice system draw as much immediate ire as private prisons. In his 2016 campaign for the Democratic presidential nomination, for example, Senator Bernie Sanders's first stab at a criminal justice reform platform was to sponsor a (surely unconstitutional) bill banning private prisons in... |
2020 |
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| Chris M. Kwok |
The Inscrutable Shsat |
27 Asian American Law Journal 32 (2020) |
Introduction 32 I. Mayor de Blasio and the Invisibility of the Asian American Community 34 A. Mayor de Blasio did not seek Asian American community buy-in and the backlash to proposed reforms 34 B. Mayor de Blasio's Use of Asians Americans as a Wedge and Misappropriation of the Civil Rights Movement 37 II. An Alternative Explanation for Racial... |
2020 |
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| K. Sabeel Rahman , Jocelyn Simonson |
The Institutional Design of Community Control |
108 California Law Review 679 (June, 2020) |
A growing set of social movements has in recent years revived interest in community control, the idea that local residents should exercise power over services like the police, infrastructure, and schools. These range from a call from the Partnership for Working Families, a grassroots coalition, to build community control through the direct... |
2020 |
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| Jeffery P. Langer, Neel Sukhatme, Paul R. Zielinski, G. Nagesh Rao, PJ Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz, Andrei Iancu, Patrick Kilbride, Carl J. Schramm, Colman Ragan, Ami Patel Shah, Randall R. Rader |
The International Intellectual Property Commercialization Council's 3rd Annual U.s. Conference: the State of Innovation in the Union |
28 Catholic University Journal of Law & Technology Tech. 1 (Spring, 2020) |
United States Capitol Visitor Center Washington, D.C. Opening Remarks: JEFFERY P. LANGER, General Counsel, Zoeller Company; and Executive Member, IIPCC Panelists for Panel 1: PROFESSOR NEEL SUKHATME, Georgetown University Law Center PAUL R. ZIELINSKI, Executive Director, Federal Laboratory Consortium for... |
2020 |
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| Hendrick Townley , Asaf Lubin |
The International Law of Rabble Rousing |
45 Yale Journal of International Law Online Online 1 (2020) |
I. Introduction. 1 II. Introducing Rabble-Rousing: A Two-Faced Troll. 5 A. What Is Rabble-Rousing?. 5 B. The Danger of Rabble-Rousing. 8 C. Why Rabble-Rousing?. 10 III. The Legality Of Rabble-Rousing: A Square Peg Among Round Holes. 12 A. Rabble-Rousing and the Principle of Non-Intervention. 12 1. Domaine Réservé. 13 2. Coercion. 13 B.... |
2020 |
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| Brandon Garrett , Christopher Slobogin |
The Law on Police Use of Force in the United States |
21 German Law Journal 1526 (December, 2020) |
Recent events in the United States have highlighted the fact that American police resort to force, including deadly force, much more often than in many other Western countries. This Article describes how the current regulatory regime may ignore or even facilitate these aggressive police... (Received 09 September 2020; accepted 11 September 2020) |
2020 |
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| Jessica Owley , Jess Phelps |
The Life and Death of Confederate Monuments |
68 Buffalo Law Review 1393 (December, 2020) |
Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates:... |
2020 |
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| James A. Kushner |
The Life and Death of Great Cities in the Time of Climate Change and the Covid-19 Pandemic |
4 Journal of Comparative Urban Law and Policy 133 (2020) |
Prologue I. History and Culture A. Security B. The Effects of War C. Internal Revolt D. The Automobile E. Tourism and its Effects F. Regulatory Traditions II. Current Dilemmas A. Public Transport 1. Combatting the Effects of Automobile Use 2. Life on the Street 3. Parking 4. Transportation Network Companies 5. Land Ethics Towards Open Land 6.... |
2020 |
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| Chibli Mallat |
The Limits of Authoritarian International Law |
114 AJIL Unbound 247 (2020) |
Tom Ginsburg's concept of authoritarian international law (AIL) is as important as the one it references, Thomas Franck's right to democratic governance. It underlines how the promise carried by Franck was betrayed in the bitter turn of history that ended the emerging hope for democracy ruling all nations in the world after 1989. This hope had... |
2020 |
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| Mei Tsang , Eemaan Jalili , Richard J. McNeil |
The Long Journey: Perspectives of Black Attorneys in Orange County |
62-AUG Orange County Lawyer 28 (August, 2020) |
The most recent Black Lives Matter movement has highlighted the challenges of a community that has suffered a history of strife and obstacles. In light of this painful but very real issue, a few of our Black Orange County legal community members have agreed to share their experiences and thoughts on their experiences and recent incidents. We hope... |
2020 |
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| Niall Stanage |
The Memo: Trump's Election Push Causing Long-term Damage, Experts Say |
The Hill (12/7/2020) |
President Trumps attempt to subvert the election results is destined to fail but is causing long-term damage to American democracy, experts say. |
2020 |
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| Niall Stanage |
The Memo: Trump's Law and Order Bet Falling Flat |
The Hill (6/23/2020) |
President Trumps bet on hard-line law and order rhetoric isnt paying off so far. |
2020 |
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| Jonathan Peters |
The Modern Fight for Media Freedom in the United States |
18 First Amendment Law Review 60 (Symposium, 2020) |
The First Amendment as a subject is challenging and provocative, and scholarly and popular understandings of it are changing. New communication technologies are pushing lawyers, judges, and scholars to revisit, and sometimes rethink, old legal doctrines and concepts. In the area of privacy, we have to think today about encryption and a website's... |
2020 |
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| John F. Reed , Maureen Hanawalt |
The next Normal: Business Development and Marketing During and after Covid-19 |
99-OCT Michigan Bar Journal 60 (October, 2020) |
Unprecedented, uncertain, and unpredictable will forever describe 2020, thanks to an insidious virus that exploded into a global pandemic. Remember January and February? We recall that time faintly, in a haze--the old normal. Before COVID-19, lawyers built relationships through arm's-length exchanges including face-to-face meetings in the office or... |
2020 |
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| Dimetria A. Jackson, Larisa M. Dinsmoor |
The Ocba's Racial Justice Task Force |
62-AUG Orange County Lawyer 30 (August, 2020) |
As Dr. Martin Luther King Jr. wrote in his Letter From Birmingham Jail, We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. The OCBA stands in solidarity with the Black community. Black lives matter. As one of the largest voluntary bar associations in... |
2020 |
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| Sarah J. Schendel |
The Pandemic Syllabus |
98 Denver Law Review Forum Forum 1 (12/1/2020) |
If necessity is the mother of invention, perhaps there is no greater proof for the ubiquity of professor frustration over students' failure to read the syllabus than the hardy, ever-growing corner of Etsy dedicated to shirts, mugs, stickers, and now, masks bearing the phrase: Read the syllabus. As each new semester dawns, professors across the... |
2020 |
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| Jamelia N. Morgan |
The Paradox of Inclusion: Applying Olmstead's Integration Mandate in Prisons |
27 Georgetown Journal on Poverty Law and Policy 305 (Winter, 2020) |
In this Essay, I discuss Olmstead and some potential opportunities and barriers to implementing Olmstead's integration mandate in prisons. In particular, I address what I term the paradox of inclusion with respect to applying the integration mandate in prison. Recognizing that the central features and function of prisons conflict with the animating... |
2020 |
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| Chris Adams , Adams & Bischoff, LLC, Charleston, South Carolina, 843-277-0090, Email chris@adamsbischoff.com, Website www.adamsbischoff.com |
The People We Fight for |
44-AUG Champion Champion 5 (August, 2020) |
Looking in the mirror, she fidgeted with her hair for the final time. The van was pulling into the residential drug treatment facility to take her to the first day of work at an automobile factory. As she stepped into the van, she was unsure of what lay ahead. Twenty-one months later, Britney Hodge has earned promotions at work, recently graduated... |
2020 |
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| Ruth Colker |
The Power of Insults |
100 Boston University Law Review 1 (January, 2020) |
Insults work on both a structural level and a personal level. This Article argues that the economic and political power elite has effectively hurled insults at civil rights activists, plaintiffs, and their lawyers to undermine civil rights reform. It has long been understood that the civil rights community must engage in cultural, political, and... |
2020 |
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| Professor Taylor Simpson-Wood |
The Precarious Position of the Fourth Estate in Trumptopia: the Role of Popular Culture and the Law in Protecting Media Freedom |
49 Southwestern Law Review Rev. 1 (2020) |
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so... |
2020 |
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| Michael Diederich, Jr. |
The President, the States and Policing American Cities |
92-OCT New York State Bar Journal 26 (September/October, 2020) |
President Donald Trump is reportedly planning to send federal agents to New York City to help out with the uptick in crime and protests. He claims local officials have lost control of the streets. NYSBA President Scott M. Karson asked for the opinion of the Committee on Civil Rights (CCR) as to whether President Trump has the constitutional... |
2020 |
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