| Author | Title | Citation | Summary | Year | Relevancy |
| Andrew Melzer , Whittney Barth |
Whether Employees Can Be Fired for Participating in Peaceful Protests |
2020 University of Illinois Law Review Online 221 (Fall, 2020) |
Protestors across the country have poured into the streets in the days and weeks following the police killings of George Floyd in Minneapolis, Minnesota and Breonna Taylor in Louisville, Kentucky, among others. These tragic deaths are but the latest chapter in the long struggle for racial justice and systemic reform in the United States. As the... |
2020 |
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| Lolita Buckner Inniss |
While the Water Is Stirring: Sojourner Truth as Proto-agonist in the Fight for (Black) Women's Rights |
100 Boston University Law Review 1637 (October, 2020) |
This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... |
2020 |
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| Brandon Hasbrouck |
White Saviors |
77 Washington and Lee Law Review Online 47 (7/15/2020) |
Bury me in the ocean with my ancestors who jumped from ships, cause they knew death was better than bondage. I am an assistant professor of law at Washington and Lee University School of Law. I am a tenure-track faculty member. I am Black. Two of my Black colleagues, Cary Martin Shelby and Carliss Chatman, endorse my entire statement below in... |
2020 |
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| Ruth Vassar Lazenby |
Who Pays? An Analysis of Fine Collection in New York City |
130 Yale Law Journal Forum 213 (10/20/2020) |
ABSTRACT. This Essay analyzes data from New York City's Office of Administrative Trials and Hearings on the collection of municipal fines for administrative violations in New York City. The analysis concludes that slightly more than half of fines imposed are collected in full. The Essay explores potential implications of these collection rates, as... |
2020 |
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| Max I. Fiest |
Why a Data Disclosure Law Is (Likely) Unconstitutional |
43 Columbia Journal of Law & the Arts 517 (Summer, 2020) |
C1-2TABLE OF CONTENTS Introduction. 518 I. Background. 520 A. Why Disclosure?. 520 B. How Would Disclosure Occur?. 524 1. The Data Recipients. 525 2. The Regulated Platforms. 526 3. The Data. 526 II. Why a Data Disclosure Law Would Violate the Free Speech Clause. 527 A. The Platform's Speech Rights--Compelled Speech. 530 1. Free Speech and First... |
2020 |
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| Kori Cooper |
Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs |
120 Columbia Law Review Forum 250 (11/20/2020) |
Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... |
2020 |
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| Vivian D. Wesson |
Why Facial Recognition Technology Is Flawed |
92-AUG New York State Bar Journal 20 (August, 2020) |
What do Steve Talley and Robert Julian-Borchak Williams have in common? Both men share the dubious distinction of false arrest by law enforcement using facial recognition technology. In December 2015, the Denver police using facial comparison technology falsely arrested Mr. Talley when he was identified as a suspect in an armed bank robbery. Prior... |
2020 |
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Wnba Players Wear 'Vote Warnock' Shirts in Support of Loeffler Democratic Challenger |
(8/4/2020) |
Players around the WNBA are wearing shirts in support of one of Sen. Kelly Loeffler's (R-Ga.) a co-owner of the league's Atlanta Dream Democratic challengers in Georgia's special Senate election in November. |
2020 |
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| Joya Misra |
Women, Politics, and Gender Inequality |
42 Western New England Law Review 397 (2020) |
Women's representation in U.S. politics has increased but remains substantially lower than in many other countries. This Article first examines the structural impediments to higher levels of women's representation, including how gender stereotypes may limit women's electoral success. Then, the focus shifts to how women's representation may and may... |
2020 |
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| Sean Flores |
You Write in Cursive, I Write in Graffiti: How #Blacklivesmatter Reorients Social Movement Legal Theory |
67 UCLA Law Review 1022 (October, 2020) |
We gon' be alright! --Baltimore This Comment compares and contrasts: (1) analyses and recommendations posited by longstanding Constitutional scholars discussing social movements, with (2) the efforts and achievements by the Black Lives Matter movement. Using the scholarship of Jack Balkin and Reva Siegel as examples, this Comment argues that... |
2020 |
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| Peter Hyndman |
"BODY CAMERAS WON'T BRING JUSTICE": WHY PENNSYLVANIA'S CHAPTER 67A DOES NOT PROMISE POLICE ACCOUNTABILITY |
91 Temple Law Review 321 (Winter, 2019) |
On August 9, 2014, Ferguson, Missouri, police officer Darren Wilson shot and killed Michael Brown, an unarmed, black eighteen-year-old. The killing sparked immediate and prolonged protests in Ferguson and elsewhere, with demonstrators taking to the streets to challenge what they viewed as yet another instance of police brutality against people of... |
2019 |
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| Erica Goldberg |
"GOOD ORTHODOXY" AND THE LEGACY OF BARNETTE |
13 FIU Law Review 639 (Spring, 2019) |
I. Introduction: What Would Barnette Do?. 639 II. Why the Good Orthodoxy Might Be Bad. 644 A. Cake Baking, Photograph Making, and Union Dues Taking. 645 B. Public Universities and Diversity Statements. 649 III. Approaching Modern Applications of Barnette. 656 A. Defining Speech. 657 B. Impermissible Motives, Dignitary Interests, and Unanimity of... |
2019 |
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| Seemantani Sharma |
"HOW TWEET IT IS!": HAVE TWITTER ARCHIVES BEEN LEFT IN THE DARK? |
2019 University of Illinois Journal of Law, Technology and Policy 49 (Spring, 2019) |
Social media is an increasingly prevalent method of communication. The information disseminated through these platforms is by nature ephemeral and at risk of loss. This has led institutions to build social media collections for posterity. The value of preserving social media for research purposes is increasingly important, yet significant legal... |
2019 |
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| Jakobi Williams |
"YOU CAN KILL THE REVOLUTIONARY, BUT YOU CAN'T KILL THE REVOLUTION": A REFLECTION ON DEPUTY CHAIRMAN FRED HAMPTON'S LIFE AND LEGACY 50 YEARS AFTER HIS ASSASSINATION |
35 Harvard Blackletter Law Journal 77 (Spring, 2019) |
Deputy Chairman Fred Hampton of the Illinois Chapter of the Black Panther Party (ILBPP) is the most important political figure in the twentieth century that most people today have yet to learn about. Hampton believed that racism is a derivative of capitalism and that America could never live up to its democratic ideals and principles under... |
2019 |
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| Jamillah Bowman Williams, J.D., Ph.D. , Lisa Singh, Ph.D. , Naomi Mezey, J.D. |
#METOO AS CATALYST: A GLIMPSE INTO 21 CENTURY ACTIVISM |
2019 University of Chicago Legal Forum 371 (2019) |
The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This online phenomenon, which has largely involved posting on Twitter and retweeting to share other's posts has revealed crucial information about the... |
2019 |
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| Theresa Zhen |
(COLOR)BLIND REFORM: HOW ABILITY-TO-PAY DETERMINATIONS ARE INADEQUATE TO TRANSFORM A RACIALIZED SYSTEM OF PENAL DEBT |
43 New York University Review of Law and Social Change 175 (2019) |
As economic sanctions imposed with a criminal conviction proliferate nationwide, reformers have fought for and won the institutionalization of ability-to-pay determinations. While often viewed as a victory in the effort to end the criminalization of poverty, there is a substantial risk that ability-to-pay determinations may actually exacerbate the... |
2019 |
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| Sarah Deer |
(EN)GENDERING INDIAN LAW: INDIGENOUS FEMINIST LEGAL THEORY IN THE UNITED STATES |
31 Yale Journal of Law & Feminism 1 (2019) |
Abstract: American Federal Indian law is often mistakenly assumed to be a gender-neutral discipline. Although Native women suffer disproportionately from numerous maladies, Indian law practitioners rarely engage with questions of gender discrimination or intersectional oppression. Several Canadian scholars have begun to explicate indigenous... |
2019 |
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| Kathryn A. Sabbeth |
(UNDER)ENFORCEMENT OF POOR TENANTS' RIGHTS |
27 Georgetown Journal on Poverty Law and Policy 97 (Fall, 2019) |
Millions of tenants in the United States reside in substandard housing conditions ranging from toxic mold to the absence of heat, running water, or electricity. These conditions constitute blatant violations of law. The failure to maintain housing in habitable condition can violate the warranty of habitability, common law torts, and, in some cases,... |
2019 |
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| Lesley Wexler |
2018 SYMPOSIUM LECTURE: #METOO AND PROCEDURAL JUSTICE |
22 Richmond Public Interest Law Review 13 (April 23, 2019) |
Thank you so much, Riley Henry, for all of the help in putting this symposium, and to the University of Richmond Law School, and to the Public Interest Law Review for putting on this very timely panel. I am a lawyer, but I've been a professor for almost as long as I've been a lawyer, so I tend to think of law questions sometimes as non-law... |
2019 |
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| Nicola Soekoe |
A MORE POSSIBLE MEETING: INITIAL REFLECTIONS ON ENGAGING (AS) THE OPPRESSOR |
20 Yale Human Rights and Development Law Journal 43 (2019) |
We have chosen each other and the edge of each other's battles the war is the same if we lose someday women's blood will congeal upon a dead planet if we win there is no telling we seek beyond history for a new and more possible meeting. Audre Lorde, excerpt of Outlines In the poem included above, civil rights poet, activist, and revolutionary... |
2019 |
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| Brianna Hathaway |
A NECESSARY EXPANSION OF STATE POWER: A "PATTERN OR PRACTICE" OF FAILED ACCOUNTABILITY |
44 New York University Review of Law and Social Change 61 (2019) |
Too often do we hear of a person of color, frequently a Black man, dying at the hands of the police. Too often do we dismiss the tragedy as an isolated event. And too often do we learn that our criminal justice system has failed to provide meaningful redress. Local prosecutors work closely and develop strong ties with the police, leading to a... |
2019 |
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| Ann Ravel |
A NEW KIND OF VOTER SUPPRESSION IN MODERN ELECTIONS |
49 University of Memphis Law Review 1019 (Summer, 2019) |
I. Introduction. 1019 II. Political Trust. 1025 III. Campaign Finance Policy Causes People to Stay Away from the Polls. 1028 A. Pivotal Supreme Court Decisions. 1032 B. Dark Money. 1040 C. FEC Deadlock. 1042 IV. Elected Official Voter Engagement. 1045 V. Socialmedia and its Role in Voter Suppression. 1049 VI. Election Management. 1056 VII. What Can... |
2019 |
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| Claire Ashley Saba |
A ROADMAP FOR COMPREHENSIVE CRIMINAL JUSTICE REFORM TO EMPLOY EX-OFFENDERS: BEYOND TITLE VII AND BAN THE BOX |
56 American Criminal Law Review 547 (Spring, 2019) |
This Note argues that the federal government needs to go beyond Ban the Box and Title VII in order to address one facet of America's mass incarceration by promoting employment of ex-offenders. While Title VII addresses racial employment discrimination against Black ex-offenders, Title VII is a patchwork solution to a larger problem. Though useful... |
2019 |
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| Bradley S. Abramson |
ABA MODEL RULE 8.4(G): CONSTITUTIONAL AND OTHER CONCERNS FOR MATRIMONIAL LAWYERS |
31 Journal of the American Academy of Matrimonial Lawyers 283 (2019) |
At its 2016 Annual Convention the American Bar Association (ABA) adopted an amendment to the ABA Model Rules of Professional Conduct, adding a new subsection (g) to Rule 8.4, the Model Attorney Misconduct Rule. The new Rule makes it a violation of the Rules of Professional Conduct for lawyers to engage in harassment or discrimination in conduct... |
2019 |
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| Patrisse Cullors |
ABOLITION AND REPARATIONS: HISTORIES OF RESISTANCE, TRANSFORMATIVE JUSTICE, AND ACCOUNTABILITY |
132 Harvard Law Review 1684 (April, 2019) |
The historical context of abolition is minimally understood, either in today's social movements or in U.S. society more broadly. For our political strategies and struggles against racism, patriarchy, and capitalism to be effective, we must deeply ground ourselves in an abolitionist vision and praxis. The combination of theory and practice takes... |
2019 |
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| Dylan RodrÃguez |
ABOLITION AS PRAXIS OF HUMAN BEING: A FOREWORD |
132 Harvard Law Review 1575 (April, 2019) |
What are the historical conditions and political imperatives of abolition as a contemporary praxis? How does abolition generate a radical critique of carceral power--of incarceration as a logic of state and social formation? What are the limitations of liberal-to-progressive demands to reform (allegedly) dysfunctional and/or scandalous systems... |
2019 |
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| Clare Huntington |
ABORTION TALK |
117 Michigan Law Review 1043 (April, 2019) |
About Abortion: Terminating Pregnancy in Twenty-First-Century America. By Carol Sanger. Cambridge and London: Harvard University Press. 2017. Pp. xv, 238. $29.95. Public service announcements routinely note that one in eight women will be diagnosed with breast cancer. Advocates frequently invoke the twenty percent wage gap between men and women.... |
2019 |
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| Jessica Horan-Block, Elizabeth Tuttle Newman |
ACCIDENTS HAPPEN: EXPOSING FALLACIES IN CHILD PROTECTION ABUSE CASES AND REUNITING FAMILIES THROUGH AGGRESSIVE LITIGATION |
22 CUNY Law Review 382 (Summer, 2019) |
Introduction. 383 I. Shift to Early and Aggressive Litigation in the Bronx Defenders' Abuse Cases. 385 A. Multiple Fractures in Three-Month-Old Baby: Protracted Litigation Exposes Medical Overreach. 386 B. Challenging Abuse Allegations at Case Outset: Proving an Infant Skull Fracture Is Accidental. 388 II. A Framework of Bronx Child Protection... |
2019 |
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| I. Bennett Capers |
AFROFUTURISM, CRITICAL RACE THEORY, AND POLICING IN THE YEAR 2044 |
94 New York University Law Review 1 (April, 2019) |
In 2044, the United States is projected to become a majority-minority country, with people of color making up more than half of the population. And yet in the public imagination--from Robocop to Minority Report, from Star Trek to Star Wars, from A Clockwork Orange to 1984 to Brave New World--the future is usually envisioned as majority white.... |
2019 |
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| Steven W. Bender , Francisco Valdes , Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona |
AFTERWORD WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
9 University of Miami Race & Social Justice Law Review 141 (Spring, 2019) |
I. Introduction. 142 II. Origins and Anchors. 146 A. The Fundamental Role of the Annual/Biennial Conference. 146 B. The Continuing Need for Critical Outsider Pipelines and Networking. 152 C. The Centrality of Knowledge Production to the LatCrit Mission. 158 D. The Equal Centrality of Critical Pedagogy to the LatCrit Mission. 162 III. Priorities and... |
2019 |
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