| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
|
| Cristina Marcos and Mike Lillis |
Revered Civil Rights Leader Rep. John Lewis Lies in State in the Capitol |
The Hill (7/27/2020) |
The late Rep. John Lewis (D-Ga.), a civil rights legend who maintained a crusade for voting rights throughout his 33 years in Congress, lay in state in the Capitol on Monday in a ceremony reserved for the most revered of statesmen. |
2020 |
|
| Luke A. Wake |
Righting a Wrong: Assessing the Implications of Knick V. Township of Scott |
14 Charleston Law Review 205 (Winter, 2020) |
INTRODUCTION. 206 I. WILLIAMSON COUNTY REGIONAL PLANNING COMMISSION V. HAMILTON BANK: IT'S A TRAP!. 209 A. Background and History of Williamson County. 209 B. Procedural Ripeness Requirement. 212 C. State Litigation Requirement. 214 i. Hotel California: San Remo Hotel v. City and County of San Francisco. 217 ii. Manipulative Defendants Exploited... |
2020 |
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| |
Romney Marches with George Floyd Protesters in Dc |
(6/7/2020) |
Sen. Mitt Romney (R-Utah) joined protesters marching in Washington, D.C., in response to the death of George Floyd on Sunday as demonstrations continue to sweep the country amid calls for police reform. |
2020 |
|
| Alexander Bolton |
Romney Says He Wants to Be Part of Change Between Black Voters and Gop |
The Hill (6/8/2020) |
Sen. Mitt Romney (R-Utah) on Monday said his party has an embarrassingly small share of African American votes and would like to change that, one day after he marched in a protest in Washington. |
2020 |
|
| Zack Budryk |
Romney Says Trump's Protest Tweets 'Clearly Intended to Further Inflame Racial Tensions' |
The Hill (9/2/2020) |
Sen. Mitt Romney (R-Utah) accused President Trump of attempting to further inflame racial tensions with his response to unrest in American cities. |
2020 |
|
| Alexander Bolton |
Romney Slams Trump for Refusing to Denounce Qanon on National Television |
The Hill (10/16/2020) |
Sen. Mitt Romney (R-Utah) on Friday slammed President Trump for refusing to denounce QAnon, a group that has spread false information on social media about COVID-19 and the Black Lives Matter movement and which the FBI warns is a domestic terror threat. |
2020 |
|
| Jim Saksa, CQ Roll Call |
Rubio, Collins Propose $300 Billion in Ppp Loans to Small Companies |
CQ Briefing Roll Call Washington Banking (7/28/2020) |
Senate Republicans' proposal for a next round of COVID-19 relief, detailed Monday, includes a second round of Paycheck Protection Program loans for the nation's hardest hit small businesses. |
2020 |
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| Steven S. Gensler, Lumen N. Mulligan |
Rule10.form of Pleadings |
FRCP-RC Federal RULE Rules of Civil Procedure, Rules and Commentary 10 (2020) |
Rule 10 addresses a variety of issues associated with the form of pleadings. First, it requires the plaintiff to list the names of all of the parties in the caption. Doe pleadings are allowed only in limited circumstances. Second, it asks pleaders to break their allegations down into numbered... (Amended April 30, 2007, eff. December 1, 2007.) |
2020 |
|
| Jenny E. Carroll |
Safety, Crisis, and Criminal Law |
52 Arizona State Law Journal 769 (Fall, 2020) |
Concepts of safety and prevention of danger pervade the criminal law canon. Arizona is no exception. The state's criminal systems pivot around central and entwined goals of protecting public safety and preventing danger. The state constitution permits pretrial detention both for the most serious offenses and when no other condition of release will... |
2020 |
|
| Lisa Kern Griffin |
Sandra Day O'connor's "First" Principles: a Constructive Vision for an Angry Nation: First: Sandra Day O'connor. By Evan Thomas. New York: Random House, 2019. Pp. 476. $32.00 |
120 Columbia Law Review 2017 (November, 2020) |
During her twenty-five-year tenure on the Supreme Court, Justice Sandra Day O'Connor became one of the most admired figures in American public life. A recent biography by historian and journalist Evan Thomas chronicles her extraordinary personal qualities, remarkable professional journey, and constructive brand of patriotism. In this Book Review, a... |
2020 |
|
| Rebecca Klar |
Schiff Says Trump 'Willfully Fanning the Flames' of Violence to Help Campaign |
The Hill (8/30/2020) |
House Intelligence Committee Chairman Adam Schiff (D-Calif.) said Sunday that President Trump is willfully fanning the flames of violence amid clashes between protesters and counterprotesters over police brutality. |
2020 |
|
| Marty Johnson |
Seattle Mayor Says Federal Agents Are Leaving City |
The Hill (7/29/2020) |
Federal agents that had been deployed to Seattle last week to protect federal buildings from anticipated protests have left the city, Mayor Jenny Durkan (D) said late Tuesday. |
2020 |
|
| Meghan J. Ryan |
Secret Conviction Programs |
77 Washington and Lee Law Review 269 (Winter, 2020) |
Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence--the results of computer programs and their underlying algorithms and source codes--judges have generally denied their requests. Instead, judges have prioritized the business... |
2020 |
|
| Brian L. Bengs |
Self-defense under Siege: Creeping Criminalization of Individual Self-defense in the U.s. Military |
56 California Western Law Review 337 (Spring, 2020) |
All U.S. jurisdictions recognize individual self-defense as an inherent right belonging to each person. As an inherent right, self-defense is rooted firmly in natural law, as opposed to positive law, which entails a revocable grant from a sovereign. This article contends that prior legal recognition of such an inherent right precludes a sovereign... |
2020 |
|
| Morgan Gstalter |
Sen. Rand Paul Says He and His Wife Were 'Attacked by an Angry Mob' after Trump Speech |
The Hill (8/28/2020) |
Sen. Rand Paul (R-Ky.) was met with protesters early Friday while walking with his wife from the White House following President Trumps closing speech at the Republican National Convention. |
2020 |
|
| Julia Manchester |
Senate Gop Campaign Arm Invokes Law-and-order Message in New Ad |
The Hill (9/2/2020) |
The campaign arm for Senate Republicans is invoking a law-and-order message in a new ad released exclusively to The Hill as part of the GOP's effort to defend its majority in the upper chamber this fall. |
2020 |
|
| Marty Johnson |
Senior Dhs Official Reassigned after Office Compiled Intel Reports on Journalists, Protesters |
The Hill (8/1/2020) |
The Department of Homeland Security (DHS) has reassigned a senior official who led the agency's Intelligence & Analysis Office after reports surfaced that the office had been creating intelligence reports on journalists covering the protests in Portland, Ore., The Washington Post reported Saturday. |
2020 |
|
| Marty Johnson |
Sharpton, Police Reform Take Center Stage at National Mall |
The Hill (8/28/2020) |
The Rev. Al Sharpton headlined his new March on Washington on Friday, delivering a fiery speech in which he demanded more legislative action to address police brutality and racial inequality in the country. |
2020 |
|
| James Bikales |
Sheila Jackson Lee Presses Congress to Pass Reparations Bill at Dc March |
The Hill (8/28/2020) |
Rep. Sheila Jackson Lee (D-Texas) on Friday used her speech at a march in Washington to call on Congress to pass her bill to study paying reparations to Black Americans. |
2020 |
|
| Michael M. Oswalt |
Short Strikes |
95 Chicago-Kent Law Review 67 (2020) |
The state of strikes--their numbers, their results, their coverage--has been a perennial source of labor movement discussion. And things could get kind of dark. In 1992, the American Prospect asked, [i]s the Strike Dead? In 2003, so did the New Labor Forum. Another decade brought new data and notably less morbidity. Fast food workers walk out in... |
2020 |
|
| Charles Adside, III |
Shutting down Speech 101: Saving Campus Free Speech from the Heckler's Veto and the Speech Gerrymander |
34 BYU Journal of Public Law 217 (2020) |
Professors cannot teach and students cannot learn without the freedom of speech. First Amendment jurisprudence demands that universities allow their students the exposure to multiple viewpoints which is so necessary for their development as future leaders; this educational mission is fulfilled when the university serves as a forum for diverse... |
2020 |
|
| John Martinez |
Significant Trends/highlights |
Local Government Law HIGHLIGHTS (2020) |
In its 2019-20 Term, the United States Supreme Court issued several decisions affecting local government, including the following: Comcast Corp. v. National Association of African American-Owned Media, 2020 WL 1325816 (U.S. 2020) (42 U.S.C. § 1981, which prohibits racial discrimination in contracting, requires that plaintiffs have the burden over... |
2020 |
|
| Jonathan Easley and Brett Samuels |
Sinking Trump Seeks to Squash Gop Dissent |
The Hill (7/24/2020) |
President Trump is seeking to squash lingering dissent within the GOP, lashing out at Rep. Liz Cheney (R-Wyo.) and former Bush administration official Tom Ridge after the two offered implicit and explicit criticism of the president. |
2020 |
|
| Madeline Halimi |
Siting Homeless Shelters in New York City: Fair Share Versus Borough-based |
47 Fordham Urban Law Journal 1519 (October, 2020) |
New York City is currently experiencing a housing crisis and, in turn, a homelessness crisis. In 2017, in response to rising numbers of individuals and families experiencing homelessness, Mayor Bill de Blasio released Turning the Tide on Homelessness in New York City, a report aimed to address the issue by creating 90 new centralized shelters.... |
2020 |
|
| Matthew N. Currie |
Social Ecology and Lawyering in the Anthropocene |
45 University of Dayton Law Review 401 (Summer, 2020) |
Introduction. 401 I. The Anthropocene. 404 II. Failure of Existing Legal Frameworks to Address Current Issues. 405 III. Revisiting an Old Approach to Change: Community Lawyering Nuts and Bolts. 407 IV. Community Lawyering and the Gem City Market. 409 V. Social Ecology and Municipalism: A New Community Economic Development Model. 415 VI. Lawyering,... |
2020 |
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| Carolyn S. Koch , Jury Solutions LLC, Fairfax, Virginia, 703-864-6457, Email ckoch@jurysolutions.com, Website www.jurysolutions.com |
Social Media Research--a 'Must' When Selecting a Jury |
44-MAR Champion 54 (March, 2020) |
I used to think that outside research on prospective jurors was a distraction that prevented lawyers from focusing on the more important task of sizing jurors up in open court. I also had faith (and personal experience) that the system worked, that judges would hear jurors out, and that jurors would speak up when lawyers posed simple questions that... |
2020 |
|
| David S. Meyer , Kaylin Bourdon |
Social Movements and Standing in the American Gun Debate |
69 Emory Law Journal 919 (2020) |
Who gets to be heard is a fundamental question in any democracy, and access to the arenas of political debate is every bit as contested as the disputes about policy within. The legal system offers rules of standing to determine who can make claims in a courtroom. We think the concept of standing is useful in making sense of access to a range of... |
2020 |
|
| John Rappaport |
Some Doubts about "Democratizing" Criminal Justice |
87 University of Chicago Law Review 711 (May, 2020) |
The American criminal justice system's ills are by now so familiar as scarcely to bear repeating: unprecedented levels of incarceration, doled out disproportionately across racial groups, and police that seem to antagonize and hurt the now-distrustful communities they are tasked to serve and protect. Systemic social ailments like these seldom... |
2020 |
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| Mark Tushnet |
Spontaneous Demonstrations and the First Amendment |
71 Alabama Law Review 773 (2020) |
I. Variant One: The Symbolically Significant Date. 777 II. Variant Two: The Occasional Demonstration Triggered by a Predictable Event Occurring at an Unpredictable Time. 778 A. Long Beach: The Facts. 782 B. Vodak: The Facts. 784 C. The Holdings. 787 III. Variant Three: The Truly Spontaneous Demonstration. 788 Conclusion. 790 |
2020 |
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Spotlight |
26No.12 Special Education Law Bulletin NL 1 (12/1/2020) |
By Amy Clark 2020 has been an extremely challenging year all around. People around the world are dealing with unimaginable situations and circumstances. And yet, life doesnt stop. People are expected to keep on going and making do. Children are expected to continue learning, either virtually, in-person, or in some sort of a hybrid model. While... |
2020 |
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State Highlights |
43No.16 Workers' Compensation Law Bulletin NL 6 (8/25/2020) |
The California Labor Commissioners Office has filed suit against Mobile Wash Inc. (MW) of Bellflower, California for allegedly misclassifying 100 or more workers as independent contractors. This is the first lawsuit the office has filed to enforce Assembly Bill 5, enacted in 2019 and requiring the ABC Test to be applied to evaluate whether a... |
2020 |
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| Spencer Overton |
State Power to Regulate Social Media Companies to Prevent Voter Suppression |
53 U.C. Davis Law Review 1793 (April, 2020) |
Fake social media accounts and ads did not merely polarize the American electorate in 2016--these tactics also targeted and suppressed Black votes. While African Americans made up just 12.7% of the United States population, Black audiences accounted for over 38% of U.S.-focused ads purchased by the Russian Internet Research Agency and almost half... |
2020 |
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| Laura Weiss, CQ Roll Call |
State Street Seeks Diversity Strategies, Data of Companies it Invests in |
CQ Briefing Roll Call Washington Corporate Governance (9/2/2020) |
A manager of more than $3.1 trillion in invested assets is warning U.S. companies that a lack of transparency or failure to engage on racial and ethnic diversity issue could lead the firm to oppose corporate leaders at shareholder meetings. |
2020 |
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| Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler |
Stepping into the Shoes of the Department of Justice: the Unusual, Necessary, and Hopeful Path the Illinois Attorney General Took to Require Police Reform in Chicago |
15 Northwestern Journal of Law & Social Policy 121 (Winter, 2020) |
We can't continue to let this go on. Someone has to have the will, someone has to have the serious will, to want to have this change ..--Testimony of Karl Brinson, President of Chicago West Side Branch of NAACP, during the fairness hearing. The decree takes an important step forward in the City of Chicago's ongoing efforts to repair the... |
2020 |
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| Anthony C. Thompson |
Stepping up to the Challenge of Leadership on Race |
48 Hofstra Law Review 735 (Spring, 2020) |
First and foremost, I want to thank you for inviting me to deliver this keynote address. I applaud your choice to participate in a conference on difference and leadership because these are critical issues that deserve our best thinking and our collective attention. I have watched with great interest as organizations from global businesses, to law... |
2020 |
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| Rebecca Klar |
Steyer Endorses Reparations Bill, Commits to Working with Jackson Lee |
The Hill (7/27/2020) |
Former Democratic presidential candidate Tom Steyer on Monday endorsed legislation sponsored by Rep. Sheila Jackson Lee (D-Texas) that would fund a committee to explore whether Black Americans should receive reparations for slavery. |
2020 |
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| Brian McNeil |
Stop-and-frisk in New York, Philadelphia, and Chicago: Slowly Approaching an Uneasy Synthesis or Running out of Time to Justify its Freight? |
29 Widener Commonwealth Law Review 69 (2020) |
Most people know what stops and frisks are, and what standards apply to them. But while these standards provide the framework for adjudging the propriety of stops and frisks on an individual basis, different considerations come into play where the relative benefits and drawbacks of widespread stop-and-frisk practices as a policy are addressed. This... |
2020 |
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| Devon W. Carbado |
Stop-and-strip Violence: the Doctrinal Migrations of Reasonable Suspicion |
55 Harvard Civil Rights-Civil Liberties Law Review 467 (Summer, 2020) |
In 1968, the U.S. Supreme Court decided Terry v. Ohio. Writing for the Court, Chief Justice Earl Warren ruled that police officers may stop-and-frisk people whom they have reasonable suspicion to believe are armed and dangerous. The reasonable suspicion standard was an exception to the Fourth Amendment's probable cause requirement, one that the... |
2020 |
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| Ellen L. Weintraub , Carlos A. Valdivia |
Strike and Share: Combatting Foreign Influence Campaigns on Social Media |
16 Ohio State Technology Law Journal 701 (Spring, 2020) |
C1-3Contents I. FOREIGN INFLUENCE CAMPAIGNS ARE TARGETING U.S. ELECTIONS. 702 II. THE LAW AGAINST CONTRIBUTIONS FROM FOREIGN NATIONALS. 706 III. WHAT CAN WE DO ABOUT IT?. 711 IV. CONCLUSION. 720 |
2020 |
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