| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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. ยง 1981, which prohibits racial discrimination in contracting, requires that plaintiffs have the burden over... |
2020 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| J. Edward Moreno |
Surgeon General: 'The Virus Doesn't Care about Your Politics' Whether at Trump Rally or Protest |
The Hill (9/23/2020) |
Surgeon General Jerome Adams on Wednesday said that the coronavirus doesnt care about your politics, emphasizing that anyone attending in-person gatherings of any kind should follow public health measures. |
2020 |
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| Laura Weiss, CQ Roll Call |
Sustainability Investors Want Esg to Be Presidential Priority |
CQ Briefing Roll Call Washington Securities Enforcement & Litigation (11/4/2020) |
Sustainability investors managing $3 trillion in assets are urging the next U.S. president, whoever that may be, to help speed a shift from shareholder-focused corporations to a broader emphasis on stakeholder accountability. |
2020 |
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| Laura Weiss, CQ Roll Call |
Sustainability Investors Want Esg to Be Priority for Trump or Biden |
CQ Briefing Roll Call Washington Corporate Governance (11/6/2020) |
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2020 |
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Symposium Discussion: Schor |
68 Drake Law Review 371 (2020) |
Jack Balkin: What is the prescriptive thesis? And is this prescriptive thesis an alteration of the rules of free expression? Miguel Schor: No, I didn't make that argument. The point is that the problem is not political. It is deeply societal, and it's the very process of engagement with that amendment that can enable that kind of discussion.... |
2020 |
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| Jennifer W. Reynolds |
Talking about Abortion (Listening Optional) |
8 Texas A&M Law Review 141 (Fall, 2020) |
Whether we can expect others to listen--and whether we choose to listen to others--have become central challenges in handling conflicts around polarized and high-profile political matters. For those who study alternative dispute resolution (ADR), these concerns about listening hit especially close to the bone because they implicate some of the... |
2020 |
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| Matthew D. Reade |
Talking about Affirmative Action |
10/30/2020 University of Chicago Law Review Online 1 (10/30/2020) |
On October 27, 1996, as the cameras rolled, San Francisco Mayor and former California State Assembly Speaker Willie L. Brown, Jr. took the stage in a drab auditorium on the campus of San Francisco State University. Joining him on stage, behind a mustard-colored dais, was California Assemblyman Bernie Richter. The men convened that evening to... |
2020 |
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| AbHarrington |
Tanks and Rubber Bullets Vs. Pussy Hats and High-fives: a Comparative Look at the 2014 Ferguson Uprising and the 2017 Women's March on Washington |
31 Hastings Women's Law Journal 101 (Winter, 2020) |
A picture is worth a thousand words. Throughout the beginning of the twenty-first century, the prevalence of cell phones has increased the ability of many to snap a picture. These images are then distributed through social media platforms and shared across cities, states, and beyond. After the police shooting of Michael Brown in 2014, images from... |
2020 |
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| Joseph A. Tomain |
Teaching Information Privacy Law |
59 Washburn Law Journal 445 (Summer, 2020) |
Teaching information privacy law is exciting and challenging because of the fast pace of technological and legal development and because information privacy law sprawls across a vast array of disparate areas of substantive law that do not automatically connect. This Essay provides one approach to teaching this fascinating, doctrinally diverse,... |
2020 |
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| Karen J. Pita Loor |
Tear Gas + Water Hoses + Dispersal Orders: the Fourth Amendment Endorses Brutality in Protest Policing |
100 Boston University Law Review 817 (May, 2020) |
Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable siezures. However, the Court showed extreme deference to law enforcement's use of force by using a permissive reasonableness analysis... |
2020 |
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Termination |
Labor Arbitration Awards 3570533 (2020) |
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2020 |
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| Kyndal Currie |
That Was Then, this Is Now: the Revival of the Proposed Equal Rights Amendment and the Co-optation of the #Metoo Movement |
50 Golden Gate University Law Review 169 (August, 2020) |
Introduction. 170 I. An Overview of the Proposed Equal Rights Amendment and Modern Social Campaigns. 174 A. The Rise, Fall, and Revival of the Proposed Equal Rights Amendment. 174 B. Co-Optation Both Within and Without the #MeToo Movement. 177 II. Black, Female Stereotypes and Black Women's Experiences of Sexual Violence. 180 A. The Image of the... |
2020 |
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| Deionna Ferguson |
That's the One!: an Analysis of Eyewitness Identifications in Missouri and Their Impact on Cross-racial Identification |
63 Washington University Journal of Law & Policy 357 (2020) |
On August 9, 2014, Michael Brown, Jr., an African American man, was shot by Darren Wilson, a police officer, in Ferguson, Missouri. Ferguson is located within St. Louis County. A grand jury was called to determine if Officer Wilson should be indicted. Robert McCulloch, then the St. Louis County Prosecutor, provided the grand jury with evidence that... |
2020 |
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| Patrick A. Talley, Jr. , Kim M. Boyle |
The "Farewell" Interview: on the Retirement of Louisiana Supreme Court Chief Justice Bernette Joshua Johnson |
68 Louisiana Bar Journal 242 (December, 2020/January, 2021) |
Chief Justice Bernette Joshua Johnson is the Louisiana Supreme Court's 25th Chief Justice, its second female Chief Justice and its first African-American Chief Justice. Her professional career has included a series of firsts. She was one of the first African-American women to attend and earn a JD degree in 1969 from Louisiana State University... |
2020 |
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| Neriah Yue |
The "Weaponization" of Facebook in Myanmar: a Case for Corporate Criminal Liability |
71 Hastings Law Journal 813 (April, 2020) |
The advent of social media platforms in the mid-2000s increased global communication and encouraged innovative activism by ushering new, effective ways to organize and protest. News agencies have recently reported the misuse of these platforms by individual actors and authoritarian regimes. Autocrats, in particular, twist social media platforms... |
2020 |
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| Collin Poirot |
The Anatomy of a Federal Terrorism Prosecution: a Blueprint for Repression and Entrapment |
5 Columbia Human Rights Law Review Online 60 (12/8/2020) |
C1-2Table of Contents I. Federal Anti-Terrorism Operations in the Wake of September 11, 2001. 61 II. Counter-Terrorism Surveillance and the Information-Sharing Environment. 63 A. Surveillance Without a Factual Predicate. 65 B. Suspicious Activity Reporting. 67 C. The Information-Sharing Environment and Fusion Centers. 69 III. Weaving the Web of... |
2020 |
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| Kristi W. Arth |
The Art of the Matter: a Linguistic Analysis of Public Art Policy in Confederate Monument Removal Case Law |
56 Gonzaga Law Review Rev. 1 (2020/2021) |
C1-2Table of Contents Introduction. 3 I. Research Methodology. 9 II. An Overview of Confederate Monument Removal Case Law. 12 A. The Typical Monuments. 13 B. The Typical Parties. 14 C. The Typical Claims. 15 D. State Statue Statutes. 15 E. The Injunctive Relief Posture. 16 III. Frameworks of Public Art Policy. 18 A. Public Art in the United States.... |
2020 |
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| Christine Kumar |
The Automated Tipster: How Implicit Bias Turns Suspicion Algorithms into Bbq Beckys |
72 Federal Communications Law Journal 97 (May, 2020) |
C1-3Table of Contents I. Introduction. 98 II. The Wrongful Mobilization of the Police: How Implicit Bias in Humans and Technologies can Influence Policing. 101 A. Implicit Bias in Human and Police Interactions. 102 B. Big Data, Machine Learning and the Police. 104 III. Legal Mechanisms that can Protect Against Implicit Bias in Police-Used Machine... |
2020 |
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The Battle to Protect Those Fleeing Persecution and Torture Intensifies under the Trump Administration |
97No.35 Interpreter Releases Art. 1 (9/14/2020) |
Forty years ago, Congress codified asylum law with the enactment of the Refugee Act of 1980.[ ] The interpretation of the definition of a refugee and who qualifies for protection from persecution and torture has evolved ever since. Instead of a celebration of the 40th anniversary of the Refugee Act in 2020, however, the focus has been on attempts... |
2020 |
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| Susan R. Jones |
The Case for Leadership Coaching in Law Schools: a New Way to Support Professional Identity Formation |
48 Hofstra Law Review 659 (Spring, 2020) |
Leadership coaching, a personalized and confidential form of professional and personal development, is a creative partnership between a coach and a client designed to empower the client toward greater self-reflection, clarity of purpose, meaningful change, accountability, and effective engagement in the world. At its core, leadership is about... |
2020 |
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| Katelyn P. Dembowski |
The Case for Socioeconomic Affirmative Action: a Jurisprudential Examination at the Disparity Between Privilege and Poverty in Higher Education Admissions |
31 Hastings Women's Law Journal 129 (Winter, 2020) |
It is hard for us Westerners, not that the freedom that men seek differs according to their social or economic status, but that the majority who possess it have gained it by exploiting, or, at least, averting their gaze from, the vast majority who do not. - Isaiah Berlin Racial minorities in America have faced unequal representation and... |
2020 |
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| Jeffrey Bellin |
The Changing Role of the American Prosecutor |
18 Ohio State Journal of Criminal Law 329 (Fall, 2020) |
The following is a November 2019 presentation to the Louisiana District Attorneys Association, Fall Meeting of Elected District Attorneys (DA). The invited presentation was part of an agenda that included remarks from the Governor of Louisiana and the Chief Justice of the Louisiana Supreme Court. The opinions expressed are solely those of the... |
2020 |
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| 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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