| Author | Title | Citation | Summary | Year | Relevancy |
| Harvey Gee |
ALMOST GONE: THE VANISHING FOURTH AMENDMENT'S ALLOWANCE OF STINGRAY SURVEILLANCE IN A POST-CARPENTER AGE |
28 Southern California Review of Law & Social Justice 409 (Summer, 2019) |
C1-2TABLE OF CONTENTS I. FOURTH AMENDMENT JURISPRUDENCE AND THE LACK OF POLICE ACCOUNTABILITY IN TRAFFIC STOPS. 412 II. BEYOND TERRY V. OHIO: FROM ONE-ON-ONE ENCOUNTERS TO PROACTIVE LARGE-SCALE STOP AND FRISKS ON THE STREETS WITHIN A POLICE STATE. 417 III. DIGITAL UPGRADE: SURVEILLANCE STATE TECHNOLOGY AND REFRAMING THE SUPREME COURT'S FOURTH... |
2019 |
|
| Michael M. Oswalt |
ALT-BARGAINING |
82 Law and Contemporary Problems 89 (2019) |
Reflections on the modern labor movement tend to take a bad-news/good-news approach to the future: yes, unions are down, but a new trend suggests they are far from out. The framing is optimistic, but also right. What's new has often involved innovations in unionizing, and over the past three decades organized labor has gotten creative, taken... |
2019 |
|
| |
Alt-Right Threaten Both Partners and Police |
25 National Bulletin on Domestic Violence Prevention 10 (July 1, 2019) |
Three Auburn, Alabama, police officers were shot, one killed, responding to DV. When the officers arrived at the scene, Grady Wilkes emerged from a house wearing body armor and opened fire. He was eventually apprehended nine hours later and charged with shooting the officers as well as strangulation and DV assault charges for his assault on a woman... |
2019 |
|
| Kate Andrias |
AN AMERICAN APPROACH TO SOCIAL DEMOCRACY: THE FORGOTTEN PROMISE OF THE FAIR LABOR STANDARDS ACT |
128 Yale Law Journal 616 (January, 2019) |
There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation's growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American--in deep conflict with our traditions and our governing legal... |
2019 |
|
| Luna Martinez G. |
AN IDENTITY PROBLEM: CAN LAW SCHOOL BE A TOOL FOR SOCIAL CHANGE? |
29 Berkeley La Raza Law Journal 31 (2019) |
6:00-6:45 am: Alexa tells me the weather, plays the Word of the Day, gives me the NPR News brief, turns on the lights. I wake up. My desk is littered with handouts from the networking workshop last night, hosted by BigLawFirm. I hop on my bike, listen to The Daily podcast on the way to school. 6:45-7:00 am: I check the fridge in the Student Center.... |
2019 |
|
| Nancy Chi Cantalupo |
AND EVEN MORE OF US ARE BRAVE: INTERSECTIONALITY & SEXUAL HARASSMENT OF WOMEN STUDENTS OF COLOR |
42 Harvard Journal of Law & Gender 1 (Winter, 2019) |
Events in 2017 highlighted both celebrations of and contests over intersectionality and civil rights. In September 2017, the U.S. Department of Education rescinded Obama-era guidance on sexual harassment and replaced it with interim guidance that allows schools to set different evidentiary standards for investigations of sexual and racial... |
2019 |
|
| Shalanda H. Baker |
ANTI-RESILIENCE: A ROADMAP FOR TRANSFORMATIONAL JUSTICE WITHIN THE ENERGY SYSTEM |
54 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 2019) |
Climate change mitigation and adaptation require a transition of the energy system from one that relies on fossil fuels and is vulnerable to major climate events to one that is dependent on renewable energy resources and able to withstand climate extremes. Resilience has emerged as a conceptual frame to drive both climate and energy policy in this... |
2019 |
|
| V. Noah Gimbel , Craig Muhammad |
ARE POLICE OBSOLETE? BREAKING CYCLES OF VIOLENCE THROUGH ABOLITION DEMOCRACY |
40 Cardozo Law Review 1453 (April, 2019) |
On February 5, 2018, Baltimore activists organized a successful cease-fire weekend, during which no one was killed--and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into... |
2019 |
|
| |
Around the Nation |
46 School Law Bulletin 5 (June 10, 2019) |
East Middle School in New York is facing a lawsuit along with the Binghamton City School District (BCSD) brought by the parents of four girls who claim that they were subjected to strip searches at school by their principal, assistant principal, and school nurse. These searches were conducted without the girls consent, and were done without... |
2019 |
|
| |
ARTICLE II. JUDICIAL NOTICE. |
44 Federal Rules of Evidence Newsletter 2 (September 1, 2019) |
A police officer who was seriously injured at a protest when an unidentified person hit him with a heavy object brought an action against the organizer of the protest and the Black Lives Matter, the group associated with the protest. The district court dismissed the action, and the officer appealed to the Fifth Circuit on the ground, inter alia,... |
2019 |
|
| Matthew B. Kugler , Lior Jacob Strahilevitz |
ASSESSING THE EMPIRICAL UPSIDE OF PERSONALIZED CRIMINAL PROCEDURE |
86 University of Chicago Law Review 489 (March, 2019) |
Though personalization of law is often viewed as a new idea, pockets of criminal procedure already tolerate it. Many courts have held that Miranda warnings must be tailored when read to juveniles or people with limited English proficiency; a suspect's age is necessarily part of the judicial calculus when determining whether the police's questioning... |
2019 |
|
| Taylor Emory |
BARRING ACCESS TO THE TRUTH: NORTH CAROLINA'S LIMITING APPROACH TO POLICE BODY-CAMERA FOOTAGE |
41 Campbell Law Review 483 (Spring, 2019) |
Police body-cameras are innovative, truth-detecting tools. When it comes to controversial citizen-law enforcement interactions, they can depict an accurate portrayal of the events. No speculation, no controversy--just the truth. And with the truth, the existing tension between law enforcement officials and the general populace can begin to ease.... |
2019 |
|
| Anders Walker |
BEYOND INTEGRATION: FORWARD THROUGH FERGUSON/BACKWARD THROUGH BROWN |
63 Saint Louis University Law Journal 565 (Summer, 2019) |
Three months after the death of Michael Brown, Missouri Governor Jay Nixon appointed a commission to study racial inequality in St. Louis. The ensuing report, styled Forward Through Ferguson, advanced 189 calls to action aimed at addressing racial disparities in the region, including reforms to criminal justice, youth services, and education.... |
2019 |
|
| Jane H. Aiken |
BEYOND THE DISORIENTING MOMENT |
26 Clinical Law Review 37 (Fall, 2019) |
These are overwhelming times for the law. Things that I have taken for granted as a lawyer--like facts, like principle, like truth and the adversary system-- all seem to be in play. Lawyers have a special role in ensuring that the rule of law is supported. Challenging rights deprivation is critical to a functioning democracy. Legal educators need... |
2019 |
|
| Joseph W. Yockey |
BIAS RESPONSE ON CAMPUS |
48 Journal of Law and Education 1 (Winter, 2019) |
Bias Assessment and Response Teams (BARTs) are becoming ubiquitous at universities in the United States. These programs rely on administrative personnel to investigate and intervene in alleged bias incidents on campus. BART proponents maintain that the programs play an important role in promoting safety, diversity, and inclusivity. Critics, on the... |
2019 |
|
| Roza E. Patterson |
BLACK BODIES DROWNING IN THE MEDITERRANEAN SEA: WHY DOES THE WORLD NOT CARE? |
23 UCLA Journal of International Law and Foreign Affairs 183 (Spring, 2019) |
In November 2014, Pope Francis urged European leaders to stop the Mediterranean Sea from becoming a vast cemetery for migrants. Known for its crystal-clear blue water, beautiful sunsets, and top vacation destinations, calling the Mediterranean Sea a cemetery seemed rather paradoxical. However, this sea has, in fact, become the graveyard for... |
2019 |
|
| Nina W. Chernoff |
BLACK TO THE FUTURE: THE STATE ACTION DOCTRINE AND THE WHITE JURY |
58 Washburn Law Journal 103 (Winter, 2019) |
In 1967, Charles L. Black described the state action problem as the most important problem in American law. In 2019, racial inequality is one of the most critical problems in the American criminal justice system. This article demonstrates that Black's critique of state action doctrine applies with equal force to modern courts' analysis of... |
2019 |
|
| Anthony V. Alfieri |
BLACK, POOR, AND GONE: CIVIL RIGHTS LAW'S INNER-CITY CRISIS |
54 Harvard Civil Rights-Civil Liberties Law Review 629 (Summer, 2019) |
In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call.... |
2019 |
|
| Sinclaire Devereux Marber |
BLOODY FOUNDATION? ETHICAL AND LEGAL IMPLICATIONS OF (NOT) REMOVING THE EQUESTRIAN STATUE OF THEODORE ROOSEVELT AT THE AMERICAN MUSEUM OF NATURAL HISTORY |
43 Columbia Journal of Law & the Arts 85 (Fall, 2019) |
Now the statue is bleeding. We did not make it bleed. It is bloody at its very foundation. On October 26, 2017, protestors calling themselves the Monument Removal Brigade (MRB) splashed red paint on the base of a statue of Theodore Roosevelt outside the American Museum of Natural History (AMNH, Museum, or Natural History Museum) in New... |
2019 |
|
| Brian Knudsen |
CAUSES AND CONSEQUENCES OF SEGREGATION |
28 Journal of Affordable Housing & Community Development Law 193 (2019) |
Segregation by Design: Local Politics and Inequality in American Cities By Jessica Trounstine Cambridge University Press 2018 282 pages. $99.99 (cloth); $29.99 (paper) Political scientist Jessica Trounstine, a leading scholar of American local government politics, has written a remarkable new book sure to become a must-read for academics,... |
2019 |
|
| Scott Wong |
CBC lawmakers rip Justice Democrats for targeting black lawmakers for primaries |
2019 The Hill 3035420 (July 12, 2019) |
Congressional Black Caucus members are furious at Justice Democrats, accusing the outside progressive group aligned with firebrand Rep. Alexandria Ocasio-Cortez (D-N.Y.) of trying to oust lawmakers of color, specifically African American lawmakers. |
2019 |
|
| Deborah L. Rhode |
CHARACTER IN CRIMINAL JUSTICE PROCEEDINGS: RETHINKING ITS ROLE IN RULES GOVERNING EVIDENCE, PUNISHMENT, PROSECUTORS, AND PAROLE |
45 American Journal of Criminal Law 353 (Spring, 2019) |
This article focuses on how flawed judgments about character contribute to fundamental problems in the American criminal justice system. The discussion begins by exploring how prohibitions on the use of character evidence to prove misconduct are riddled with limitations that undermine the purpose of the prohibition. Discussion then turns to the way... |
2019 |
|
| Richard Delgado |
CHILDREN'S RIGHTS TO A LIVABLE FUTURE |
71 Alabama Law Review 261 (2019) |
Introduction: Introducing Rodrigo. 262 I. In Which Rodrigo Fills the Professor in on Recent Youth Movements. 264 II. Examples of Children's Movements. 268 III. Daddy, Please Stop Killing Me. 274 IV. Hearts of Stone? Eight Cautionary Tales. 276 A. Reason 1: Right-Wing Ideology. 277 B. Reason 2: Sociobiology. 278 C. Reason 3: Religion. 278 D.... |
2019 |
|
| Atanu Das |
CHILLING SOCIAL MEDIA: WARRANTLESS BORDER SEARCHES OF SOCIAL MEDIA ACCOUNTS INFRINGE UPON THE FREEDOM OF ASSOCIATION AND THE FREEDOM TO BE ANONYMOUS UNDER THE FIRST AMENDMENT |
84 Brooklyn Law Review 1287 (Summer, 2019) |
In its landmark case, NAACP v. Alabama, the U.S. Supreme Court held that a person has the freedom of association under the First Amendment. That is, a person can associate with any group without government interference, intrusion, or intimidation. This freedom was promulgated from the freedom of speech and the freedom of assembly under the First... |
2019 |
|
| Yishai Blank |
CITY SPEECH |
54 Harvard Civil Rights-Civil Liberties Law Review 365 (Summer, 2019) |
Cities speak. A rich array of expressive activities, city speech, surrounds us. Cities topple confederate monuments, fly LGBT pride flags on City Hall, erect monuments commemorating victims of sexual violence, and issue statements that oppose the policies of state and federal governments. They disseminate information concerning climate change,... |
2019 |
|
| |
City's Sign Ordinance Unconstitutional |
37 McQuillin Municpal Law Report 2 (July 1, 2019) |
In Willson v. City of Bel-Nor, Missouri, 924 F.3d 995 (8th Cir. 2019) (decided May 20, 2019), plaintiff challenged the Citys sign ordinance on First Amendment grounds after he had been charged with violating the ordinance. The Eighth Circuit Court of Appeals held that the ordinance, which restricted the number of signs displayed on private... |
2019 |
|
| John Bowden |
Clip of Meadows saying send Obama back to 'Kenya or wherever' resurfaces after clash with Tlaib |
2019 The Hill 955958 (February 27, 2019) |
A heated exchange between Rep. Mark Meadows (R-N.C.) and Rep. Rashida Tlaib (D-Mich.) prompted Twitter users on Wednesday to resurface comments made by Meadows in 2012 about sending former President Obama home to Kenya or wherever it is."" |
2019 |
|
| Oliver J. Kim |
COGS IN THE MACHINE: TWO COUNTRIES ATTEMPT TO BALANCE INDIVIDUALIZED CONCERNS IN THE PURSUIT OF PUBLIC HEALTH |
44 Southern Illinois University Law Journal 41 (Fall, 2019) |
Just like an online video going viral, healthcare can now be crowdsourced, providing a new method for public health officials to follow and analyze trends in a community's health. Indeed, by following the public's online searches, researchers can determine an individual's likelihood of developing an eating disorder, the effectiveness of flu... |
2019 |
|
| Sonika R. Data |
COLORING IN THE GAPS OF TITLE VI: CLARIFYING THE PROTECTIONS AGAINST THE SKIN-COLOR CASTE SYSTEM |
107 Georgetown Law Journal 1393 (May, 2019) |
C1-2Table of Contents Introduction. 1394 I. What is Colorism and Why is it Important?. 1398 a. roots of colorism. 1398 1. Colorism as a Global Phenomenon. 1398 2. Slavery as America's Root in Colorism. 1400 b. present day colorism. 1402 1. Socioeconomic Differences. 1402 2. Employment Discrimination. 1403 3. Criminal Justice. 1404 4. School... |
2019 |
|
| Melissa Murray |
CONSEQUENTIAL SEX: #METOO, MASTERPIECE CAKESHOP, AND PRIVATE SEXUAL REGULATION |
113 Northwestern University Law Review 825 (2019) |
Abstract--The last sixty years have ushered in a tectonic shift in American sexual culture, from the sexual revolution--with its liberal attitudes toward sex and sexuality--to a growing recognition of rape culture and sexual harassment. The responses to these changes in sexual culture have varied. Conservatives, for their part, bemoan the... |
2019 |
|