| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
|
| Hendrick Townley , Asaf Lubin |
The International Law of Rabble Rousing |
45 Yale Journal of International Law Online Online 1 (2020) |
I. Introduction. 1 II. Introducing Rabble-Rousing: A Two-Faced Troll. 5 A. What Is Rabble-Rousing?. 5 B. The Danger of Rabble-Rousing. 8 C. Why Rabble-Rousing?. 10 III. The Legality Of Rabble-Rousing: A Square Peg Among Round Holes. 12 A. Rabble-Rousing and the Principle of Non-Intervention. 12 1. Domaine Réservé. 13 2. Coercion. 13 B.... |
2020 |
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| Brandon Garrett , Christopher Slobogin |
The Law on Police Use of Force in the United States |
21 German Law Journal 1526 (December, 2020) |
Recent events in the United States have highlighted the fact that American police resort to force, including deadly force, much more often than in many other Western countries. This Article describes how the current regulatory regime may ignore or even facilitate these aggressive police... (Received 09 September 2020; accepted 11 September 2020) |
2020 |
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| Jessica Owley , Jess Phelps |
The Life and Death of Confederate Monuments |
68 Buffalo Law Review 1393 (December, 2020) |
Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates:... |
2020 |
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| James A. Kushner |
The Life and Death of Great Cities in the Time of Climate Change and the Covid-19 Pandemic |
4 Journal of Comparative Urban Law and Policy 133 (2020) |
Prologue I. History and Culture A. Security B. The Effects of War C. Internal Revolt D. The Automobile E. Tourism and its Effects F. Regulatory Traditions II. Current Dilemmas A. Public Transport 1. Combatting the Effects of Automobile Use 2. Life on the Street 3. Parking 4. Transportation Network Companies 5. Land Ethics Towards Open Land 6.... |
2020 |
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| Chibli Mallat |
The Limits of Authoritarian International Law |
114 AJIL Unbound 247 (2020) |
Tom Ginsburg's concept of authoritarian international law (AIL) is as important as the one it references, Thomas Franck's right to democratic governance. It underlines how the promise carried by Franck was betrayed in the bitter turn of history that ended the emerging hope for democracy ruling all nations in the world after 1989. This hope had... |
2020 |
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| Mei Tsang , Eemaan Jalili , Richard J. McNeil |
The Long Journey: Perspectives of Black Attorneys in Orange County |
62-AUG Orange County Lawyer 28 (August, 2020) |
The most recent Black Lives Matter movement has highlighted the challenges of a community that has suffered a history of strife and obstacles. In light of this painful but very real issue, a few of our Black Orange County legal community members have agreed to share their experiences and thoughts on their experiences and recent incidents. We hope... |
2020 |
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| Niall Stanage |
The Memo: Trump's Election Push Causing Long-term Damage, Experts Say |
The Hill (12/7/2020) |
President Trumps attempt to subvert the election results is destined to fail but is causing long-term damage to American democracy, experts say. |
2020 |
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| Niall Stanage |
The Memo: Trump's Law and Order Bet Falling Flat |
The Hill (6/23/2020) |
President Trumps bet on hard-line law and order rhetoric isnt paying off so far. |
2020 |
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| Jonathan Peters |
The Modern Fight for Media Freedom in the United States |
18 First Amendment Law Review 60 (Symposium, 2020) |
The First Amendment as a subject is challenging and provocative, and scholarly and popular understandings of it are changing. New communication technologies are pushing lawyers, judges, and scholars to revisit, and sometimes rethink, old legal doctrines and concepts. In the area of privacy, we have to think today about encryption and a website's... |
2020 |
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| John F. Reed , Maureen Hanawalt |
The next Normal: Business Development and Marketing During and after Covid-19 |
99-OCT Michigan Bar Journal 60 (October, 2020) |
Unprecedented, uncertain, and unpredictable will forever describe 2020, thanks to an insidious virus that exploded into a global pandemic. Remember January and February? We recall that time faintly, in a haze--the old normal. Before COVID-19, lawyers built relationships through arm's-length exchanges including face-to-face meetings in the office or... |
2020 |
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| Dimetria A. Jackson, Larisa M. Dinsmoor |
The Ocba's Racial Justice Task Force |
62-AUG Orange County Lawyer 30 (August, 2020) |
As Dr. Martin Luther King Jr. wrote in his Letter From Birmingham Jail, We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. The OCBA stands in solidarity with the Black community. Black lives matter. As one of the largest voluntary bar associations in... |
2020 |
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| Sarah J. Schendel |
The Pandemic Syllabus |
98 Denver Law Review Forum Forum 1 (12/1/2020) |
If necessity is the mother of invention, perhaps there is no greater proof for the ubiquity of professor frustration over students' failure to read the syllabus than the hardy, ever-growing corner of Etsy dedicated to shirts, mugs, stickers, and now, masks bearing the phrase: Read the syllabus. As each new semester dawns, professors across the... |
2020 |
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| Jamelia N. Morgan |
The Paradox of Inclusion: Applying Olmstead's Integration Mandate in Prisons |
27 Georgetown Journal on Poverty Law and Policy 305 (Winter, 2020) |
In this Essay, I discuss Olmstead and some potential opportunities and barriers to implementing Olmstead's integration mandate in prisons. In particular, I address what I term the paradox of inclusion with respect to applying the integration mandate in prison. Recognizing that the central features and function of prisons conflict with the animating... |
2020 |
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| Chris Adams , Adams & Bischoff, LLC, Charleston, South Carolina, 843-277-0090, Email chris@adamsbischoff.com, Website www.adamsbischoff.com |
The People We Fight for |
44-AUG Champion Champion 5 (August, 2020) |
Looking in the mirror, she fidgeted with her hair for the final time. The van was pulling into the residential drug treatment facility to take her to the first day of work at an automobile factory. As she stepped into the van, she was unsure of what lay ahead. Twenty-one months later, Britney Hodge has earned promotions at work, recently graduated... |
2020 |
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| Ruth Colker |
The Power of Insults |
100 Boston University Law Review 1 (January, 2020) |
Insults work on both a structural level and a personal level. This Article argues that the economic and political power elite has effectively hurled insults at civil rights activists, plaintiffs, and their lawyers to undermine civil rights reform. It has long been understood that the civil rights community must engage in cultural, political, and... |
2020 |
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| Professor Taylor Simpson-Wood |
The Precarious Position of the Fourth Estate in Trumptopia: the Role of Popular Culture and the Law in Protecting Media Freedom |
49 Southwestern Law Review Rev. 1 (2020) |
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so... |
2020 |
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| Michael Diederich, Jr. |
The President, the States and Policing American Cities |
92-OCT New York State Bar Journal 26 (September/October, 2020) |
President Donald Trump is reportedly planning to send federal agents to New York City to help out with the uptick in crime and protests. He claims local officials have lost control of the streets. NYSBA President Scott M. Karson asked for the opinion of the Committee on Civil Rights (CCR) as to whether President Trump has the constitutional... |
2020 |
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| Jack Davis |
The Public Use of Reparations: How Land-based Reparations Can Satisfy the Public Use Requirement of the Takings Clause |
( |
Emancipation, one of our nation's boldest and most morally profound acts, rested upon the hope that a dramatic reconception of property would take root. Almost four million African Americans gained the rights and remedies of personhood, no longer to be property. This transformation also carried with it one of our nation's most enduring property... |
2020 |
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| Jeff Sloan, Sloan Sakai Yeung & Wong, LLP |
The Relative Benefits of Advisory Arbitration |
30No.18 California Employment Law Letter Letter 3 (7/20/2020) |
In late June 2020, California's 5th District Court of Appeal overturned an arbitrator's advisory decision in favor of two deputy sheriffs and their union in a contractual dispute arising under a memorandum of understanding (MOU) between the county and the union. The dispute centered on the county's decision to remove the deputies from specialty... |
2020 |
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| Zohra Ahmed |
The Sanctuary of Prosecutorial Nullification |
83 Albany Law Review 239 (2019-2020) |
In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus. Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from... |
2020 |
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| Mary Anne Franks |
The Second Amendment's Safe Space, or the Constitutionalization of Fragility |
83 Law and Contemporary Problems 137 (2020) |
Contempt for vulnerability is the defining characteristic of contemporary American conservatism. Conservatives ridicule diversity initiatives, government assistance, antidiscrimination policies, the #MeToo movement, worker protections, universal health care, family leave, forgiveness of student debt, and other progressive concepts as obsessions of... |
2020 |
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| Molly P. Matter |
The Shaw Claim: the Rise and Fall of Colorblind Jurisprudence |
18 Seattle Journal for Social Justice 25 (Summer, 2020) |
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. --Amendment XV, Section 1, United States Constitution Justice is not blind, nor should it aspire to be. Our training as legal professionals demands that we apply the... |
2020 |
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| Elsa Kaka |
The Supreme Court of Canada's Justification of Charter Breaches and its Effect on Black and Indigenous Communities |
43 Manitoba Law Journal 117 (2020) |
Throughout my time in law school, I noticed that the criminal cases covered in my courses very rarely adequately dealt with how racism affected the ways in which the police investigated and arrested Black, Indigenous, and People of Colour (BIPOC). Instead, I observed an expansion of police powers and a frightening trend of justifying Charter... |
2020 |
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| Michael A. Lawrence |
The Thirteenth Amendment as Basis for Racial Truth & Reconciliation |
62 Arizona Law Review 637 (Fall, 2020) |
This is a country whose existence was predicated on the torture of black fathers, on the rape of black mothers, on the sale of black children .. Having been enslaved for 250 years, black people were not left to their own devices [after slavery ended]. They were terrorized. In the Deep South, a second slavery ruled. In the North, legislatures,... |
2020 |
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| K-Sue Park |
This Land Is Not Our Land |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... |
2020 |
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| Morgan Gstalter |
Tim Ryan Condemns Trump's Call for Goodyear Boycott: 'This Is an Iconic American Company in a Swing State' |
The Hill (8/19/2020) |
Ohio Rep. Tim Ryan (D) on Wednesday said he was shocked to see President Trump call for a boycott of Goodyear over reports that employees were told not to wear the president's trademark Make America Great Again attire. |
2020 |
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| Yolanda Hunter, Workplace HR, LLC |
Tips for Improving, Maintaining Inclusion in a Remote Workforce |
18No.2 Federal Employment Law Insider Insider 6 (10/1/2020) |
During the global pandemic, organizational leaders and HR professionals have been challenged with managing a remote workforce. Along with increasing social justice issues and concerns raised by the Black Lives Matter (BLM) movement, organizational leaders are now focusing their diversity, equity, and inclusion (DEI) efforts on ensuring remote... |
2020 |
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| Justin Wise |
Top Pence Aide Calls Nba Player Strike over Jacob Blake Shooting 'Absurd' and 'Silly' |
The Hill (8/27/2020) |
A Trump administration official on Thursday dismissed the decision of NBA teams to refuse to play Wednesday night's playoff games to protest the police shooting of Jacob Blake, calling it absurd" and "silly."" |
2020 |
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| Monica Bell, Stephanie Garlock, Alexander Nabavi-Noori |
Toward a Demosprudence of Poverty |
69 Duke Law Journal 1473 (April, 2020) |
This Article describes the rift between a due-process-focused jurisprudence on legal-financial obligations--the centerpiece of the current fight against criminalization of poverty--and the substantive and structural problems of poverty criminalization. It argues that judges can help address this disconnect while still operating within the scope of... |
2020 |
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| Emily Hammond |
Toward a Role for Protest in Environmental Law |
70 Case Western Reserve Law Review 1039 (Summer, 2020) |
The story of environmental law closely coincides with that of the Environmental Protection Agency (EPA), which has doubtless made many contributions to improved governance and enhanced environmental protection. In this symposium tribute to the EPA's fiftieth anniversary, however, I invite a renewed look at the role of protest in environmental... |
2020 |
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| Martin Johnson |
Trump Administration, Oregon Governor's Office Talking about Removing Agents from Portland: Report |
The Hill (7/29/2020) |
The Trump administration is in early talks with the Oregon governor's office to remove federal officers from Portland that have been in the city since late June to protect its federal courthouse, which has become a focal point for Black Lives Matter protests, a senior White House official told The Associated Press. |
2020 |
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| Marty Johnson |
Trump after Portland Mayor Tear-gassed: 'He Made a Fool out of Himself' |
The Hill (7/24/2020) |
President Trump took a dig at Portland Mayor Ted Wheeler (D) on Thursday evening, mocking him for getting tear-gassed at protests in Oregon the previous night. |
2020 |
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| Marty Johnson |
Trump Blasts Oregon Officials over Portland Protests |
The Hill (7/29/2020) |
President Trump on Wednesday went on the offensive once again against Oregon Democrats who have opposed the presence of federal agents in Portland, calling Gov. Kate Brown (D) and Mayor Ted Wheeler (D) very weak people. |
2020 |
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| |
Trump Calls into Rush Limbaugh's Show for Two Hours |
(10/9/2020) |
President Trump on Friday called into Rush Limbaugh's talk radio show for two hours, during which the president levied familiar complaints about the media and Democrats and took yet another position on stimulus talks. |
2020 |
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| Brett Samuels |
Trump Calls Treatment of St. Louis Couple Who Pointed Guns at Protesters 'A Disgrace' |
The Hill (7/14/2020) |
President Trump on Tuesday defended a St. Louis couple who went viral after they stood outside their home brandishing weapons as a group of protesters marched past them. |
2020 |
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| Morgan Chalfant |
Trump Dismisses Question on Deaths of Black Americans in Police Custody |
The Hill (7/14/2020) |
President Trump on Tuesday asserted that more white Americans die at the hands of police than Black Americans and criticized a reporter for asking why African Americans are still dying in law enforcement custody. |
2020 |
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