| Author | Title | Citation | Summary | Year | Key Terms |
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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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| 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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