| Author | Title | Citation | Summary | Year | Relevancy |
| |
HIGHLIGHTS |
44 Federal Rules of Evidence Newsletter 1 (September 1, 2019) |
The September 2019 issue of Federal Rules of Evidence News discusses several recent federal court decisions involving the Federal Rules of Evidence, including: RULES CONSTRUED IN THIS ISSUE: 201, 401, 403, 404, 611, 702, 801, 802, 803, 807 |
2019 |
|
| Isabel Bilotta , AbCorrington , Saaid A. Mendoza , Ivy Watson , Eden King |
HOW SUBTLE BIAS INFECTS THE LAW |
15 Annual Review of Law and Social Science 227 (2019) |
subtle bias, law, decision making, selection This review describes the ways in which contemporary forms of prejudice and stereotypes, which are often subtle and unconscious, give rise to critical problems throughout the legal system. This summary highlights dominant themes and understudied issues at the intersection of legal and psychological... |
2019 |
|
| JoAnn Kamuf Ward, Catherine Coleman Flowers |
HOW THE TRUMP ADMINISTRATION'S EFFORTS TO REDEFINE HUMAN RIGHTS THREATEN ECONOMIC, SOCIAL, AND RACIAL JUSTICE |
4 Columbia Human Rights Law Review Online 1 (November 13, 2019) |
In July of 2019, the United States established a federal advisory commission that is poised to undercut economic and social rights protections by narrowly re-defining human rights to exclude them. Limiting the interpretation of human rights in this way has profound implications for human rights norms and for advocates. This limitation undercuts the... |
2019 |
|
| Marcus R. Nemeth |
HOW WAS THAT REASONABLE? THE MISGUIDED DEVELOPMENT OF QUALIFIED IMMUNITY AND EXCESSIVE FORCE BY LAW ENFORCEMENT OFFICERS |
60 Boston College Law Review 989 (March, 2019) |
Abstract: Under the qualified immunity doctrine, current policy shields law enforcement officers who utilize excessive force against ordinary American citizens. As a result, police departments and enforcement officers lack incentives to change their behavior, leaving victims and grieving families powerless in the face of an unforgiving legal... |
2019 |
|
| Laura Rene McNeal |
HUSH DON'T SAY A WORD: SAFEGUARDING STUDENTS' FREEDOM OF EXPRESSION IN THE TRUMP ERA |
35 Georgia State University Law Review 251 (Winter, 2019) |
The controversy surrounding NFL player Colin Kaepernick's act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick's symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong... |
2019 |
|
| M. Annie Houghton-Larsen |
I PAID FOR A WHITE BABY: HOW ASSISTED REPRODUCTIVE TECHNOLOGIES REPRODUCE WHITE SUPREMACY |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 161 (Fall, 2019) |
The white genetic tie--if free from any trace of blackness--is an extremely valuable attribute entitling a child to a privileged status. --Dorothy Roberts, Killing the Black Body: Race, Production, and the Meaning of Liberty C1-3Table of Contents L1-2Introduction . L3161 I. Assisted Reproduction in America. 163 A. Assisted Reproductive... |
2019 |
|
| |
IDEAS AND TRENDS |
47 HDR Current Developments 4 (December 13, 2019) |
On October 23, the House Financial Services Committee held at a full Committee hearing with sole witness Mark Zuckerberg, Chairman and CEO of Facebook, entitled, An Examination of Facebook and Its Impact on the Financial Services and Housing Sectors. Facebook plans to create a digital currency, Libra, and a digital wallet, Calibra. Democrats have... |
2019 |
|
| Aleena Aspervil |
IF THE FEDS WATCHING: THE FBI'S USE OF A "BLACK IDENTITY EXTREMIST" DOMESTIC TERRORISM DESIGNATION TO TARGET BLACK ACTIVISTS & VIOLATE EQUAL PROTECTION |
62 Howard Law Journal 907 (Spring, 2019) |
INTRODUCTION. 908 I. THE FBI'S REPRESSIVE HISTORY AND ITS GOVERNING GUIDELINES. 911 A. The FBI Has a History of Targeting and Using Harsher Methods for Black Dissent. 911 1. COINTELPRO - White Hate Group. 912 2. COINTELPRO - Black Nationalist/Hate Group. 914 B. The FBI's Governing Guidelines. 916 1. Attorney General Guidelines. 917 II. DOMESTIC... |
2019 |
|
| Karla McKanders |
IMMIGRATION AND BLACKNESS |
44 Human Rights 20 (2019) |
Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... |
2019 |
|
| Sarah Valentine |
IMPOVERISHED ALGORITHMS: MISGUIDED GOVERNMENTS, FLAWED TECHNOLOGIES, AND SOCIAL CONTROL |
46 Fordham Urban Law Journal 364 (April, 2019) |
This Article posits that governments deploy algorithms as social control mechanisms to contain and criminalize marginalized populations. Though recognition of the dangers inherent in misuse of big data and predictive analytics is growing, governments and scholars alike have not paid sufficient attention to how these systems inevitably target the... |
2019 |
|
| Angel E. Sanchez |
IN SPITE OF PRISON |
132 Harvard Law Review 1650 (April, 2019) |
How does a former gang-banging, gun-toting Latino serving a thirty-year prison sentence, the product of an elderly uneducated immigrant father and a drug-addicted mother, go from a prison cell to law school? It was not because of prison, but in spite of it. The prosecutor is offering you a plea deal of seven years in juvenile prison, and if you... |
2019 |
|
| Dr. JoAnne Sweeny |
INCITEMENT IN THE ERA OF TRUMP AND CHARLOTTESVILLE |
47 Capital University Law Review 585 (Summer, 2019) |
In the wake of several violent rallies in 2016 and 2017, debate over incitement cases has begun to appear in the news and the courts. Incitement is a historic exception to the First Amendment that has been rarely used except in times of political unrest. Unsurprisingly, then, as political unrest has re-emerged in the wake of Donald Trump's... |
2019 |
|
| Ryan Hartzell C. Balisacan |
INCORPORATING POLICE PROVOCATION INTO THE FOURTH AMENDMENT "REASONABLENESS" CALCULUS: A PROPOSED POST-MENDEZ AGENDA |
54 Harvard Civil Rights-Civil Liberties Law Review 327 (Winter, 2019) |
When police officers provoke a violent encounter that leads to the shooting of a civilian, should they be held liable for damages? Intuitive notions of justice suggest that they should, but Fourth Amendment jurisprudence has yet to provide a clear answer. Circuits split on whether courts can consider officers' earlier provocations. Using a... |
2019 |
|
| Amanda Harmon Cooley |
INCULCATING SUPPRESSION |
107 Georgetown Law Journal 365 (January, 2019) |
[P]ublic education must prepare pupils for citizenship in the Republic .. It must inculcate the habits and manners of civility as values in themselves conducive to happiness and as indispensable to the practice of self-government in the community and the nation. C1-3Table of Contents L1-2Introduction . L3366 I. Inculcating: The Supreme Court's... |
2019 |
|
| Devon W. Carbado , Cheryl I. Harris |
INTERSECTIONALITY AT 30: MAPPING THE MARGINS OF ANTI-ESSENTIALISM, INTERSECTIONALITY, AND DOMINANCE THEORY |
132 Harvard Law Review 2193 (June, 2019) |
2019 marks thirty years since the publication of Kimberlé Crenshaw's groundbreaking article, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics. While scholars across the disciplines have engaged intersectionality from a range of theoretical and... |
2019 |
|
| Hajer Al-Faham , Angelique M. Davis , Rose Ernst |
INTERSECTIONALITY: FROM THEORY TO PRACTICE |
15 Annual Review of Law and Social Science 247 (2019) |
Black women, intersectionality, identity, inequality, politics Intersectionality as a framework and praxis has gathered significance in law and the social sciences over the past 20 years. This article begins by reviewing how intersectionality has been conceptualized, as well as the implications of varying definitions attributed to... |
2019 |
|
| |
INTRODUCTION |
132 Harvard Law Review 1568 (April, 2019) |
Many agree that American carceral punishment is unjust; from the New York Times to the Movement for Black Lives, calls for urgent and drastic change have become increasingly common. But where the New York Times editorial is headlined End Mass Incarceration Now and laments that the United States has gone past the point where the numbers of... |
2019 |
|
| Laurie L. Levenson |
JUDICIAL ETHICS: LESSONS FROM THE CHICAGO EIGHT TRIAL |
50 Loyola University Chicago Law Journal 879 (Summer, 2019) |
Four things belong to a judge: to hear courteously; to answer wisely; to consider soberly; and to decide impartially.--Socrates Introduction. 879 I. The Chicago Eight Trial: Unprecedented Courtroom Conflict. 883 II. Who Was Judge Hoffman?. 886 III. The Judge's Missteps and the Law's Inadequacies. 888 IV. The Evolution of the Laws on Contempt and... |
2019 |
|
| Vida B. Johnson |
KKK IN THE PD: WHITE SUPREMACIST POLICE AND WHAT TO DO ABOUT IT |
23 Lewis & Clark Law Review 205 (2019) |
There is an epidemic of white supremacists in police departments. Police officers have been identified as members of white supremacist groups in Florida, Alabama and Louisiana. There have been scandals in over 100 different police departments, in over forty different states, in which individual police officers have sent overtly racist emails,... |
2019 |
|
| Katelyn Ringrose |
LAW ENFORCEMENT'S PAIRING OF FACIAL RECOGNITION TECHNOLOGY WITH BODY-WORN CAMERAS ESCALATES PRIVACY CONCERNS |
105 Virginia Law Review Online 57 (February, 2019) |
Half of American adults are currently in a law enforcement facial-recognition network. As the use of body-worn camera (BWC) technology by law enforcement increases, the demand for facial-recognition technology likewise accelerates. Through grants called Smart Policing Initiatives, the U.S. Department of Justice has dedicated over $20 million to... |
2019 |
|
| Angela Morris |
LAW SCHOOL TACKLES POLICE REFORM |
105-FEB ABA Journal 12 (January-February, 2019) |
IN 2016, professor Rosa Brooks was on a sabbatical from her position at Georgetown University Law Center to finish a book. After it was complete, Brooks began looking for a new project and decided to enroll in the police academy. As she progressed through tactical training to become a volunteer reserve police officer in Washington, D.C., Brooks was... |
2019 |
|
| Nicholas W. Allard |
LOVE'S LABORS FOUND |
50 University of Toledo Law Review 199 (Winter, 2019) |
Grown men should never confess their love in public, especially when it is the love of an institution; even worse, a law school. SO says the incomparable Owen Fiss in the coda of Pillars of Justice, his inspiring, highly personal reminiscences about 13 legal giants. Professor Fiss, whose teaching and scholarship shape what I understand and... |
2019 |
|
| Brent J. Horton |
MALIGN MANIPULATIONS: CAN GOOGLE'S SHAREHOLDERS SAVE DEMOCRACY? |
54 Wake Forest Law Review 707 (Fall, 2019) |
Research shows that by manipulating Google Search--or more precisely, the order of the search results--a malign actor can shift public opinion regarding a candidate for political office or public policy issue. One double-blind study conservatively estimated the shift at twenty percent of undecided voters. However, it is not clear the extent to... |
2019 |
|
| Daniel Johnson |
MARGINALIZATION AND DIVESTMENT: THE EFFECTS OF RELOCATING THE LOS ANGELES WOMEN'S JAIL |
26 UCLA Women's Law Journal 43 (Fall, 2019) |
C1-2Table of Contents Introduction. 43 I. Defining the Issue. 45 A. The Prison Industrial Complex. 47 B. Visitation as a Right. 50 C. The Incarcerated Population of the L.A. County Women's Jail. 54 II. Reevaluating the Issue: Community Concerns. 57 A. A Larger Community Impact. 57 B. Community Concerns About Health and Safety Issues. 58 C. The... |
2019 |
|
| Ann T. Greeley, Karen Hirschman Larsen |
MELDING A DIVERSE TRIAL TEAM |
48-WTR Brief 56 (Winter, 2019) |
Most of us who watched the women's movement in the 1960s hoped that there would no longer be a gender gap in the legal profession in the year 2019. We also hoped that diverse attorneys would be represented in firms in numbers equal to the population, at a minimum. While change has happened, it has not happened enough or fast enough. For example,... |
2019 |
|
| Brandon Greene |
MIRROR, MIRROR: ANTI-BLACKNESS AND LAWYERING AS AN IDENTITY |
35 Harvard Blackletter Law Journal 19 (Spring, 2019) |
Anti-Blackness manifests itself in a myriad of ways, not all of which are intentional. That is what makes this work so challenging, so draining, so exhausting. Particularly if you, like me, see yourself as an impacted person first, and a lawyer second because to survive and thrive, the most important, most visceral parts of your identity - Black,... |
2019 |
|
| Susan Miller |
MONITORING MIGRANTS IN THE DIGITAL AGE: USING TWITTER TO ANALYZE SOCIAL MEDIA SURVEILLANCE |
17 Colorado Technology Law Journal 395 (2019) |
This note uses the collection of social media handles from immigrants, non-immigrants, and other non-citizens by the government as a lens to understand the privacy concerns surrounding social media surveillance and monitoring. This policy also underscores the government's propensity for imposing surveillance techniques that undermine constitutional... |
2019 |
|
| Susan R. Klein |
MOVEMENTS IN THE DISCRETIONARY AUTHORITY OF FEDERAL DISTRICT COURT JUDGES OVER THE LAST 50 YEARS |
50 Loyola University Chicago Law Journal 933 (Summer, 2019) |
Introduction. 933 I. Federal Judicial Impartiality in the Tumultuous 1960s Versus the New Age of Courtwatchers and Other Modern-Day Protestors. 935 II. Federal Judges Lose Criminal Justice Authority to Federal Prosecutors in the 1980s. 954 III. Federal District Court Judges and Current Nationwide Injunctions Against the Federal Government. 960... |
2019 |
|
| |
NATIONAL SECURITY CHALLENGES OF ARTIFICIAL INTELLIGENCE, MANIPULATED MEDIA, AND "DEEPFAKES" |
410 Corporate Counsel's International Adviser 2 (July 1, 2019) |
(U.S. House Permanent Select Committee on Intelligence, June 13, 2019). Web: https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=109620. [The following is from the prepared testimony of witnesses appearing at the hearing. All footnotes, and some other text, have been removed for space reasons, but are available in the original files on... |
2019 |
|
| Tally Kritzman-Amir , Jaya Ramji-Nogales |
NATIONALITY BANS |
2019 University of Illinois Law Review 563 (2019) |
This Article conducts a comparative analysis between the nationality bans that exist in both Israel and the United States. In exploring the similarities and differences between these two countries' nationality bans, this Article critically evaluates the publicly projected rationales for the bans and argues that these bans promote blanket... |
2019 |
|