| Author | Title | Citation | Summary | Year | Relevancy |
| Osagie K. Obasogie , Zachary Newman |
CONSTITUTIONAL INTERPRETATION WITHOUT JUDGES: POLICE VIOLENCE, EXCESSIVE FORCE, AND REMAKING THE FOURTH AMENDMENT |
105 Virginia Law Review 425 (April, 2019) |
I. Introduction. 425 II. Endogeneity, the Fourth Amendment, and the Problem of Police Accountability. 428 A. Reasonableness and the Fourth Amendment. 428 B. Legal Endogeneity and Constitutional Law. 430 C. A Lack of Accountability. 434 III. Procedural Justice and Police Violence. 437 A. Divergent Perceptions and Police Mistrust. 437 B. What Is... |
2019 |
|
| Kate Sablosky Elengold |
CONSUMER REMEDIES FOR CIVIL RIGHTS |
99 Boston University Law Review 587 (March, 2019) |
This Article considers whether the consumer protection doctrine offers a more promising avenue to remedying certain forms of discrimination than the antidiscrimination doctrine. Using a housing discrimination story as a case study, this Article breaks down the doctrinal trade-offs between seeking redress through a consumer protection claim and an... |
2019 |
|
| Andrew Moshirnia |
COUNTERING PERNICIOUS IMAGES: MEMETIC VISUAL PROPAGANDA AND THE 2018 ELECTIONS |
50 Seton Hall Law Review 79 (2019) |
Russian disinformation attacks through social media increasingly involve genuine photos paired with inaccurate captions to create false news. The relative ease and devastating impact of this meme-based (memetic) method have led domestic actors to adopt these same informational warfare tactics. This is apparent in an examination of the conservative... |
2019 |
|
| Marvin L. Astrada |
DEATH, LAW & POLITICS: THE EFFECTS OF EMBRACING A LIBERTY-RESTRICTIVE vs. A LIBERTY-ENHANCING INTERPRETATION OF HABEAS CORPUS |
48 University of Baltimore Law Review 147 (Spring, 2019) |
Habeas corpus, commonly referred to as the [G]reat [W]rit, essentially prevents the State from unlawfully depriving a subject of its liberty. Habeas played a fundamental role in the development of American law since the inception of the United States. Habeas, inherited from the English common law, has remained a mainstay of U.S. criminal law and... |
2019 |
|
| Addie C. Rolnick |
DEFENDING WHITE SPACE |
40 Cardozo Law Review 1639 (April, 2019) |
What I knew then, what black people have been required to know, is that there are few things more dangerous than the perception that one is a danger. --Jelani Cobb, Between the World and Ferguson Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions--ranging from body cameras to... |
2019 |
|
| Alexander Tsesis |
DELIBERATIVE DEMOCRACY, TRUTH, AND HOLMESIAN SOCIAL DARWINISM |
72 SMU Law Review 495 (Summer, 2019) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 495 II. MARKETPLACE OF IDEAS FRAMEWORK. 496 III. CONSTRUCTIVE TRUTHS VS. DESTRUCTIVE MESSAGES. 503 IV. TRUTH AND DELIBERATIVE DEMOCRACY. 508 V. CONCLUSION. 510 |
2019 |
|
| Runa Rajagopal |
DIARY OF A CIVIL PUBLIC DEFENDER: CRITICAL LESSONS FOR ACHIEVING TRANSFORMATIVE CHANGE ON BEHALF OF COMMUNITIES |
46 Fordham Urban Law Journal 876 (June, 2019) |
Introduction. 876 I. Lesson 1: Myth Versus Reality--Crime Is Not What You Think It Is. 881 A. Criminality and the War on Drugs. 885 B. Bias by Police, Prosecutors, and Judges in the Criminal Court Process. 887 II. Lesson 2: Poverty Is a Pipeline to Systems Involvement. 890 III. Lesson 3: No Civil Consequence Is Collateral. 893 IV. Lesson 4: We... |
2019 |
|
| Dorothy E. Roberts |
DIGITIZING THE CARCERAL STATE: AUTOMATING INEQUALITY: HOW HIGH-TECH TOOLS PROFILE, POLICE, AND PUNISH THE POOR. BY VIRGINIA EUBANKS. NEW YORK, N.Y.: ST. MARTIN'S PRESS. 2018. PP. 260. $26.99 |
132 Harvard Law Review 1695 (April, 2019) |
Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local, state, and federal levels increasingly make automated decisions based on vast collections of digitized information about individuals and mathematical algorithms that both... |
2019 |
|
| Nancy Chi Cantalupo |
DOG WHISTLES AND BEACHHEADS: THE TRUMP ADMINISTRATION, SEXUAL VIOLENCE, AND STUDENT DISCIPLINE IN EDUCATION |
54 Wake Forest Law Review 303 (Spring, 2019) |
Beachhead: A defended position on a beach taken from the enemy by landing forces, from which an attack can be launched. --Oxford English Dictionary Beachhead: A strategy to infiltrate academia, push back Obama-era policies, undermine collective civil rights, and impose large-scale federal deregulation. --Dr. Anne McClintock, Who's Afraid of... |
2019 |
|
| Brian Mahoney |
ELIAS v. ROLLING STONE: SMALL-GROUP DEFAMATION IN AN INVESTIGATIVE AGE |
91 Temple Law Review 643 (Spring, 2019) |
One of the media's most powerful attributes in recent years has been its ability to put pressure on groups to reform themselves. An unfettered social media enabled Black Lives Matter activists to protest institutionalized police violence and seek nationwide reform. Upstart news websites like BuzzFeed sparked a nationwide conversation on the... |
2019 |
|
| Sarah Fox |
ENVIRONMENTAL GENTRIFICATION |
90 University of Colorado Law Review 803 (Summer, 2019) |
Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to... |
2019 |
|
| Allegra M. McLeod |
ENVISIONING ABOLITION DEMOCRACY |
132 Harvard Law Review 1613 (April, 2019) |
What is, so to speak, the object of abolition? Not so much the abolition of prisons but the abolition of a society that could have prisons, that could have slavery, that could have the wage, and therefore not abolition as the elimination of anything but abolition as the founding of a new society. --Fred Moten & Stefano Harney, The University and... |
2019 |
|
| James M. Doyle |
ESSAY: A "SAFETY MODEL" PERSPECTIVE CAN AID DIAGNOSIS, PREVENTION, AND RESTORATION AFTER CRIMINAL JUSTICE HARMS |
59 Santa Clara Law Review 107 (2019) |
C1-2Table of Contents Introduction. 107 1. The Safety Perspective on Public Safety. 108 2. The Safety Perspective and Diagnosing Unsafe Outcomes. 114 3. The Prevention Potential In Forward-Looking Accountability. 117 4. Participation, Collaboration, Restoration. 126 5. A Safety Place. 132 |
2019 |
|
| Jonathan Simon |
EXPLICIT BIAS: WHY CRIMINAL JUSTICE REFORM REQUIRES US TO CHALLENGE CRIME CONTROL STRATEGIES THAT ARE ANYTHING BUT RACE BLIND |
54 Tulsa Law Review 331 (Winter, 2019) |
Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America (Harvard University Press 2017). Pp.464. Paperback $18.95. Nicole Gonzalez Van Cleve, Crook County: Racism and Injustice in America's Largest Criminal Court (Stanford University Press 2016). Pp. 272. Hardcover $16.95. These books rely upon... |
2019 |
|
| Henry Kenyon, CQ Roll Call |
Facebook must clamp down on police-created fake accounts, rights group says |
2019 CQ Roll Call Washington Data Privacy Briefing (April 16, 2019) |
Facebook, Inc., needs to take tougher steps to prevent law enforcement agencies from setting up fake user profiles to spy on users and user groups, a digital rights group says. |
2019 |
|
| Allison Denton |
FAKE NEWS: THE LEGALITY OF THE RUSSIAN 2016 FACEBOOK INFLUENCE CAMPAIGN |
37 Boston University International Law Journal 183 (Spring, 2019) |
From the Internet Research Agency's office building in Saint Petersburg, Russia, a number of Russian hackers created fake Facebook profiles of American citizens and used these profiles to purchase and design politically divisive Facebook advertisements. Likely backed by the Russian government, Agency hackers intended to use the fake advertisements... |
2019 |
|
| Joshua R. Fattal |
FARA ON FACEBOOK: MODERNIZING THE FOREIGN AGENTS REGISTRATION ACT TO ADDRESS PROPAGANDISTS ON SOCIAL MEDIA |
21 NYU Journal of Legislation and Public Policy 903 (2018-2019) |
In court filings in 2018, Special Counsel Robert S. Mueller III claimed that Russian social media disinformation actors during and after the 2016 election did not fulfill their obligation to register as agents of a foreign principal under the Foreign Agents Registration Act (FARA), the primary federal law concerning the political activities of... |
2019 |
|
| |
FIFTIETH SELECTED BIBLIOGRAPHY ON COMPUTERS, TECHNOLOGY, AND THE LAW |
45 Rutgers Computer and Technology Law Journal 169 (2019) |
Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed to be a research guide to assist our readers in searching for recent articles on computer and technology law. This year's annual Bibliography contains nearly 1000... |
2019 |
|
| |
First Amendment |
27 Police Department Disciplinary Bulletin 1 (June 1, 2019) |
Citation: Sabatini v. Las Vegas Metropolitan Police Department, 2019 WL 1261362 (D. Nev. 2019) John Sabatini was a Las Vegas Metropolitan Police Department (Metro) officer who was disciplined for posting material on Facebook that violated the departments social-media policy. Sabatini, a now-retired corrections officer, made over two dozen posts on... |
2019 |
|
| Clay Calvert |
FIRST AMENDMENT ENVELOPE PUSHERS: REVISITING THE INCITEMENT-TO-VIOLENCE TEST WITH MESSRS. BRANDENBURG, TRUMP, & SPENCER |
51 Connecticut Law Review 117 (February, 2019) |
This Article examines weaknesses with the United States Supreme Court's Brandenburg v. Ohio incitement test as its fiftieth anniversary approaches. A lawsuit targeting Donald Trump, as well as multiple cases pitting white nationalist Richard Spencer against public universities, provide timely springboards for analysis. Specifically, In re Trump: 1)... |
2019 |
|
| |
FIRST AMENDMENT--FREEDOM OF SPEECH--RETALIATORY ARREST--NIEVES v. BARTLETT |
133 Harvard Law Review 272 (November, 2019) |
Police officers violate the First Amendment when they arrest individuals in retaliation for protected speech, but the First Amendment is not an impenetrable shield. In general, to sue a government actor for retaliatory arrest, a plaintiff must show three things: that he was injured, that the government acted against him with retaliatory animus,... |
2019 |
|
| Lee Epstein |
FIVE RECOMMENDATIONS |
9 Journal of Law: A Periodical Laboratory of Legal Scholarship 208 (2019) |
Robert J. Hume Ethics and Accountability on the U.S. Supreme Court: An Analysis of Recusal Practices (SUNY Press 2017) Controversies over recusals--more precisely, failures to recuse--flare up every now and then. Who can forget the Scalia-Cheney duck-hunting saga? Or calls for Kagan and Thomas to step out of the Obamacare litigation, which... |
2019 |
|
| Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez Martínez |
FOREWORD TO LATCRIT 2017 SYMPOSIUM: WHAT'S NEXT? RESISTANCE RESILIENCE AND COMMUNITY IN THE TRUMP ERA |
9 University of Miami Race & Social Justice Law Review 1 (Spring, 2019) |
I. Introduction. 2 II. Unprecedented, Unprincipled, Unprofessional: The Rise of the Trump Administration in the United States. 8 III. Constellations of Resistance: How Persisting and Emerging Social Movement Actors are Fighting Back. 15 IV. Gathering Together for LatCrit XXI: What's Next?. 21 V. The Symposium Pieces: The Spirit of Resistance and... |
2019 |
|
| Dorothy E. Roberts |
FOREWORD: ABOLITION CONSTITUTIONALISM |
133 Harvard Law Review 1 (November, 2019) |
C1-3CONTENTS L1-2Introduction . R33. I. The New Abolitionists. 11 A. The Prison Industrial Complex and the Carceral State. 12 B. Abolition Praxis: Past, Present, Future. 19 1. Slavery Origins. 19 (a) Police. 20 (b) Prisons. 29 (c) Death Penalty. 38 2. Not a Malfunction.. 42 3. A Society Without Prisons.. 43 C. The Unfinished Abolition Struggle. 48... |
2019 |
|
| Steven Zeidman |
FROM DROPSY TO TESTILYING: PROSECUTORIAL APATHY, ENNUI, OR COMPLICITY? |
16 Ohio State Journal of Criminal Law 423 (Spring, 2019) |
To meet his constitutional and ethical obligations, a prosecutor should . approach the preparation of a case with a healthy skepticism . He should not assume his witnesses are telling the truth . The often close relationship between prosecutors and police make detection of police fabrication unlikely. [Manhattan District Attorney] Vance's... |
2019 |
|
| Farrah Bara |
FROM MEMPHIS, WITH LOVE: A MODEL TO PROTECT PROTESTERS IN THE AGE OF SURVEILLANCE |
69 Duke Law Journal 197 (October, 2019) |
In 1978, after two years of contentious litigation, the City of Memphis entered into a unique agreement with its citizens: it signed a consent decree, stipulating that it would halt its interference with First Amendment-protected activities. More specifically, the Consent Decree barred the City from surveilling protesters--the very conduct that... |
2019 |
|
| Steven L. Nelson , Ray Orlando Williams |
FROM SLAVE CODES TO EDUCATIONAL RACISM: URBAN EDUCATION POLICY IN THE UNITED STATES AS THE DISPOSSESSION, CONTAINMENT, DEHUMANIZATION, AND DISENFRANCHISEMENT OF BLACK PEOPLES |
19 Journal of Law in Society 82 (Spring, 2019) |
In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in... |
2019 |
|
| Jenny E. Carroll |
GRAFFITI, SPEECH, AND CRIME |
103 Minnesota Law Review 1285 (February, 2019) |
Graffiti resides at the uncomfortable intersection of criminal law and free speech. Graffiti is not the shout of revolution to the gathered, protesting masses, or the political pamphlet flung from a 1920s window. It is not the obscene-rendered-political- jacketed protest of war, or a flag set aflame in the name of reclaiming patriotism. It is an... |
2019 |
|
| Alicia L. Granse |
GUN CONTROL AND THE COLOR OF THE LAW |
37 Law & Inequality: A Journal of Theory and Practice 387 (Summer, 2019) |
There is a world of difference between thirty million unarmed, submissive Black people and thirty million Black people armed with freedom and defense guns and the strategic methods of liberation. - Huey P. Newton, June 20, 1967 In August of 2017, then-St. Paul, Minnesota mayoral candidate Melvin Carter's home was burglarized. A lockbox containing... |
2019 |
|
| Ryan D. King, Michael T. Light |
HAVE RACIAL AND ETHNIC DISPARITIES IN SENTENCING DECLINED? |
48 Crime and Justice 365 (2019) |
Blacks and Hispanics convicted of felonies are more likely than whites to receive prison sentences for their crimes, and they receive slightly longer sentences if imprisoned. Yet the majority of prior research compares sentencing decisions at a single point in time and does not give explicit attention to whether and how racial and ethnic... |
2019 |
|