| Author | Title | Citation | Summary | Year | Relevancy |
| Greg Swanson |
NON-AUTONOMOUS ARTIFICIAL INTELLIGENCE PROGRAMS AND PRODUCTS LIABILITY: HOW NEW AI PRODUCTS CHALLENGE EXISTING LIABILITY MODELS AND POSE NEW FINANCIAL BURDENS |
42 Seattle University Law Review 1201 (Spring, 2019) |
Continuous improvements to core computing technologies over the previous decade have generated an explosive growth in artificial intelligence (AI) research and development, facilitated the rapid integration of AI computing systems into countless fields and industries, and spurred billions of dollars in private and public investment into the growing... |
2019 |
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Ocasio-Cortez calls decision not to charge NYPD officer in Eric Garner's death 'injustice' |
(July 16, 2019) |
New York Rep. Alexandria Ocasio-Cortez (D) on Tuesday blasted federal prosecutors' decision not to charge a New York City police offer for killing Eric Garner in 2014, calling it an injustice."" |
2019 |
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| Barbara Fedders |
OPIOID POLICING |
94 Indiana Law Journal 389 (Spring, 2019) |
This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social... |
2019 |
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| C.M.A. Mc Cauliff |
ORIGINALISM: PRIVILEGES v. FUNDAMENTAL VALUES |
47 Hofstra Law Review 1279 (Summer, 2019) |
Originalism has arguably fossilized our constitutional interpretation and set our recognition of existing human rights back by stingily offering us privileges we must pay for individually if we can afford them or else go without. In that way, originalism subordinates many aspects of the common good to privilege. In different ways, a gap between... |
2019 |
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| Samuel C. Rickless |
PAGANISM IS DEAD, LONG LIVE SECULARISM |
56 San Diego Law Review 451 (Spring, 2019) |
Pagans and Christians in the City is very readable and highly entertaining. To secularists, and to those who see the current culture wars as reflecting an ideological battle between secularism and religion for influence in, and perhaps even control of, the public square, the book mounts an interesting and original challenge. The story Steven Smith... |
2019 |
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| Danielle Wingfield-Smith |
PARDON ME PLEASE: CYNTOIA BROWN AND THE JUSTICE SYSTEM'S CONTEMPT FOR THE RIGHTS OF BLACK PEOPLE |
35 Harvard Blackletter Law Journal 85 (Spring, 2019) |
The outcry that precipitated Cyntoia Brown's pending release on August 7, 2019 is a resonating reverberation of the voices of counter-resistance, which continue to echo in the halls of American injustice. From the social media platforms for social justice to the chambers of the Supreme Court, the pleas for pardon are nothing new. Pardon me for... |
2019 |
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| Justin K. Reichman |
POLICE REFORM AS PREVENTATIVE MEDICINE: REFRAMING POLICE-COMMUNITY VIOLENCE AS A PUBLIC HEALTH LAW ISSUE |
22 Quinnipiac Health Law Journal 289 (2019) |
The author considers police-community violence a public health issue and evaluates the issue through the lens of public health law. Police-community violence is larger than the criminal justice system, and affects the health of the community as a whole. This concept is well documented in public health circles, but is surprisingly absent from... |
2019 |
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| Leonard M. Niehoff |
POLICING HATE SPEECH AND EXTREMISM: A TAXONOMY OF ARGUMENTS IN OPPOSITION |
52 University of Michigan Journal of Law Reform 859 (Summer, 2019) |
Hate speech and extremist association do real and substantial harm to individuals, groups, and our society as a whole. Our common sense, experience, and empathy for the targets of extremism tell us that our laws should do more to address this issue. Current reform efforts have therefore sought to revise our laws to do a better job at policing,... |
2019 |
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| Wayne A. Logan |
POLICING POLICE ACCESS TO CRIMINAL JUSTICE DATA |
104 Iowa Law Review 619 (January, 2019) |
ABSTRACT: Today, it is widely recognized that we live in an information-based society. This is certainly true of police on street patrol, who more than ever before rely on, and enjoy ready access to, information when doing their work. Information in aggregated form, for instance, is used to create algorithms for hot spot policing that targets... |
2019 |
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| Jeffrey Bellin , Shevarma Pemberton |
POLICING THE ADMISSIBILITY OF BODY CAMERA EVIDENCE |
87 Fordham Law Review 1425 (March, 2019) |
Body cameras are sweeping the nation and becoming, along with the badge and gun, standard issue for police officers. These cameras are intended to ensure accountability for abusive police officers. But, if history is any guide, the videos they produce will more commonly be used to prosecute civilians than to document abuse. Further, knowing that... |
2019 |
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| Deborah Ramirez , Marcus Wraight , Lauren Kilmister , Carly Perkins |
POLICING THE POLICE: COULD MANDATORY PROFESSIONAL LIABILITY INSURANCE FOR OFFICERS PROVIDE A NEW ACCOUNTABILITY MODEL? |
45 American Journal of Criminal Law 407 (Spring, 2019) |
When Eric Garner's mother, Gwen Carr, asked a Congressional Black Caucus panel on policing why the officer who killed her son with an illegal chokehold was still employed, the question hung in the air. Article coauthor Professor Deborah Ramirez sat amongst the assembled experts who struggled to answer that day. This paper was born in that silence... |
2019 |
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| Deborah N. Archer |
POLITICAL LAWYERING FOR THE 21 CENTURY |
96 Denver Law Review 399 (Spring, 2019) |
Legal education purports to prepare the next generation of lawyers capable of tackling the urgent and complex social justice challenges of our time. But law schools are failing in that public promise. Clinical education offers the best opportunity to overcome those failings by teaching the skills lawyers need to tackle systemic and interlocking... |
2019 |
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| Nandini Kavuri, Esq., Cozen O'Connor |
Politics in the workplace: More than just a headache for employers |
2019 Practitioner Insights Commentaries 1590957 (April 15, 2019) |
Cozen O'Connor attorney Nandini Kavuri discusses ways that employers can defuse heated political discussions in the workplace without improperly restricting the ability of employees to express themselves. |
2019 |
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POST-PANEL COMMENTARY |
13 FIU Law Review 853 (Spring, 2019) |
These passages are generated from the commentary that followed each panel at the symposium. Because these remarks are the product of transcriptions from audio recordings, we ask that you please excuse any errors. Some portions have been omitted where the author's message was unclear. Any inaudible portions in the commentary that did not detract... |
2019 |
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| Ekow N. Yankah |
PRETEXT AND JUSTIFICATION: REPUBLICANISM, POLICING, AND RACE |
40 Cardozo Law Review 1543 (April, 2019) |
On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath... |
2019 |
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| Rachel Levinson-Waldman |
PRIVATE EYES, THEY'RE WATCHING YOU: LAW ENFORCEMENT'S MONITORING OF SOCIAL MEDIA |
71 Oklahoma Law Review 997 (Summer, 2019) |
Social media is a powerful tool that gives people the chance to connect and interact with others from all over the world. Users on platforms like Facebook, Twitter, and Instagram can easily chat or share videos and pictures with friends and connections in their city or across the world. On most social media sites, all that is generally required to... |
2019 |
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| Brie McLemore |
PROCEDURAL JUSTICE, LEGAL ESTRANGEMENT, AND THE BLACK PEOPLE'S GRAND JURY |
105 Virginia Law Review 371 (April, 2019) |
Introduction. 371 I. Procedural Justice and Policing. 375 II. Legal Estrangement and the Limitations of Procedural Justice. 377 III. The Role of Courts in Legal Estrangement. 380 A. Community Responses to the Death of Michael Brown. 383 IV. The Black People's Grand Jury. 387 V. Recommendations. 393 Conclusion. 395 |
2019 |
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| Tiffany R. Murphy |
PROSECUTING THE EXECUTIVE |
56 San Diego Law Review 105 (Winter, 2019) |
C1-2Table of Contents I. Introduction. 106 II. Why and When is a Special Prosecutor Necessary?. 111 A. Special Counsel's Role in Protecting the Rule of Law. 111 1. What is a Special Prosecutor?. 111 2. The Power of the Executive Branch: Who is a Target?. 114 B. Active Subversion of the Rule of Law. 116 1. What is the Rule of Law?. 116 2. Active... |
2019 |
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| Nicole D. Prysby, J.D. |
PUBLIC EMPLOYEES-N.D. ALA.: FIRED FOR RACIST FACEBOOK POSTS, POLICE OFFICER'S RACE BIAS CLAIMS FAIL |
2019 Wolters Kluwer Employment Law Daily 2612504 (June 26, 2019) |
The officer could not rebut the stated reasons for his discharge: that he refused to remove the offending content and negative public reaction to his posts impaired the department. A white police officer's race discrimination claims following his discharge for posting racist Facebook posts failed on summary judgment. The employee posted offensive... |
2019 |
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| Carmen Maye |
PUBLIC-COLLEGE STUDENT-ATHLETES AND GAME-TIME ANTHEM PROTESTS: IS THERE A NEED FOR A CONSTITUTIONAL-ANALYTICAL AUDIBLE? |
24 Communication Law and Policy 55 (Winter, 2019) |
National-anthem-related protests among NFL players have revealed complexities associated with symbolic counter-speech tied to American symbols of patriotism. For public-college officials and coaches, who are bound by the First Amendment, the handling of game-time anthem protests may reverberate beyond the court of public opinion. Because uniformed... |
2019 |
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| George S. Scoville III |
PURGED BY PRESS RELEASE: FIRST RESPONDERS, FREE SPEECH, AND PUBLIC EMPLOYMENT RETALIATION IN THE DIGITAL AGE |
97 Oregon Law Review 477 (2019) |
Introduction. 479 I. Firing Anthony Venable. 483 II. Speech Retaliation Claims Pursuant to Section 1983. 485 A. The Section 1983 Civil Rights Claim. 486 B. Pickering Distinguishes Categories of Speakers and Speech. 488 C. Myers Narrows What Constitutes a Matter of Public Concern. 490 D. Garcetti Severely Limits Speech Protections for Public... |
2019 |
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| Anthony J. Gaughan |
PUTIN'S REVENGE: THE FOREIGN THREAT TO AMERICAN CAMPAIGN FINANCE LAW |
62 Howard Law Journal 855 (Spring, 2019) |
INTRODUCTION 855 I. FOREIGN INTERFERENCE AS A CAMPAIGN FINANCE ISSUE 857 A. The Foreign Hacking Threat 857 B. The Foreign Interference Threat 859 II. RUSSIAN INTERFERENCE IN 2016 863 A. Putin's Preferred Candidate 863 B. The Russian Interference Campaign 871 III. THE BROADER ROLE OF FOREIGN GOVERNMENTS ON AMERICAN ELECTION CAMPAIGNS 878 A. The... |
2019 |
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| Jamila A. Odeh |
PUTTING ACCESSIBLE EXPRESSION TO BED |
117 Michigan Law Review 1507 (May, 2019) |
In 2011, the Occupy movement began. Occupiers seized space in dozens of public parks and in the American imagination, providing a compelling illustration of an inclusive format of political expression. In the courtroom, protesters sought injunctive relief on First Amendment grounds to protect the tent encampments where Occupiers slept. In 2017, the... |
2019 |
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| David Tolbert |
QUO VADIS: WHERE DOES THE HUMAN RIGHTS MOVEMENT GO FROM HERE? |
47 Georgia Journal of International and Comparative Law 479 (2019) |
Ford Foundation Fellow Visiting Scholar, Sanford School of Public Policy Duke University Dean Rusk International Center University of Georgia 2 October 2018 Thanks to the Director of the Dean Rusk International Center, Kathleen Doty, for her kind introduction and to all of you for being here. I am also grateful for Professor Diane Amann's presence... |
2019 |
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| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
'RACE, RACISM, AND AMERICAN LAW': A SEMINAR FROM THE INDIGENOUS, BLACK, AND IMMIGRANT LEGAL PERSPECTIVES |
21 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2019) |
Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... |
2019 |
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| Naomi Murakawa |
RACIAL INNOCENCE: LAW, SOCIAL SCIENCE, AND THE UNKNOWING OF RACISM IN THE US CARCERAL STATE |
15 Annual Review of Law and Social Science 473 (2019) |
racism, antidiscrimination law, colorblindness, criminal justice reform, racial liberalism, abolition Racial innocence is the practice of securing blamelessness for the death-dealing realities of racial capitalism. This article reviews the legal, social scientific, and reformist mechanisms that maintain the racial innocence of one particular site:... |
2019 |
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| Jodi Rios, PhD |
RACIAL STATES OF MUNICIPAL GOVERNANCE: POLICING BODIES AND SPACE FOR REVENUE IN NORTH ST. LOUIS COUNTY, MO |
37 Law & Inequality: A Journal of Theory and Practice 235 (Summer, 2019) |
In the suburbs of North St. Louis County, Black residents are disciplined and policed for revenue to fund small struggling cities. To put it in the way many residents do, municipalities view poor Black residents as ATMs, to which they return time and again through multiple forms of predatory policing and juridical practices. As part of this... |
2019 |
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| Hina B. Shah |
RADICAL RECONSTRUCTION: (RE) EMBRACING AFFIRMATIVE ACTION IN PRIVATE EMPLOYMENT |
48 University of Baltimore Law Review 203 (Spring, 2019) |
You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, you are free to compete with all the others, and still justly believe that you have been completely fair. The history of employment in this country is the history of racism. Using public and private... |
2019 |
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| Paul Gowder |
RECONSTITUTING WE THE PEOPLE: FREDERICK DOUGLASS AND JÜRGEN HABERMAS IN CONVERSATION |
114 Northwestern University Law Review 335 (2019) |
Abstract--This Article draws on Black American intellectual history to offer an approach to fundamental questions of constitutional theory from the standpoint of the politically excluded. Democratic constitutional theory is vexed by a series of well-known challenges rooted in the inability to justify law without democracy (the countermajoritarian... |
2019 |
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| Taurus Myhand |
REDEFINING THE REASONABLE PERSON IN POLICE ENCOUNTERS: THE IMPACT OF THE MAINSTREAM NEWS MEDIA'S PORTRAYAL OF MODERN POLICE CONDUCT |
96 University of Detroit Mercy Law Review 267 (Winter, 2019) |
Current trends in the news media's coverage of police conduct has increasingly led to the display of more graphic and more disturbing images of violent police encounters with individuals. The depictions of how law enforcement officers engage citizens are troubling, yet the inundation of headlines in the mainstream media lends to the false notion... |
2019 |
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