| Author | Title | Citation | Summary | Year | Relevancy |
| Nathaniel W. Reisinger |
REDRAWING THE LINE: RETROACTIVE SENTENCE REDUCTIONS, MASS INCARCERATION, AND THE BATTLE BETWEEN JUSTICE AND FINALITY |
54 Harvard Civil Rights-Civil Liberties Law Review 299 (Winter, 2019) |
In Dorsey v. United States, the Supreme Court made clear that Congress possesses sole responsibility for drawing the line between justice and finality in sentencing. That is, when Congress passes a law reducing sentences, it must also choose whether to apply those reductions retroactively or to accept the sentence disparities between preand... |
2019 |
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| Vanita Saleema Snow |
REFRAMING RADICAL RELIGION |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 2 II. Weaponized Frames. 5 A. Framing Crime and Public Safety. 6 B. Framing National Security. 11 1. Framing Muslims as Foreign Intruders. 13 2. False Frames.. 14 III. Framing Theory. 15 A. Framing Techniques. 17 B. Fabricated Frames. 19 IV. The Effects of Weaponized Frames. 20 A. Discriminatory Policing... |
2019 |
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| Annie Flanagan |
RESISTING RACIALIZED IMMIGRATION ENFORCEMENT THROUGH COMMUNITY BOND FUNDS |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... |
2019 |
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| Helen H. Kang |
RESPECT FOR COMMUNITY NARRATIVES OF ENVIRONMENTAL INJUSTICE: THE DIGNITY RIGHT TO BE HEARD AND BELIEVED |
25 Widener Law Review 219 (2019) |
Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... |
2019 |
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| Jill C. Morrison |
RESUSCITATING THE BLACK BODY: REPRODUCTIVE JUSTICE AS RESISTANCE TO THE STATE'S PROPERTY INTEREST IN BLACK WOMEN'S REPRODUCTIVE CAPACITY |
31 Yale Journal of Law & Feminism 35 (2019) |
Abstract: 2019 marks 400 years since the first Africans were brought to the Virginia colony as captives, and deemed not human beings but rather the property of others. Black women have endured reproductive oppression since our arrival in the United States. This Article argues that current methods of reproductive oppression attempt to restore the... |
2019 |
|
| Harvey Gee |
REVIEW ESSAY: "WHAT'S GOING ON?" |
23 Asian Pacific American Law Journal 19 (Spring, 2019) |
Jeff Chang, We Gon' Be Alright: Notes on Race and Resegregation, New York: Picador, 2016. Pp. 192. $16.00. C1-2Table of Contents Introduction. 19 I. Just Sayin': Narratives on Race and Resegregation. 21 II. Ferguson, the Black Lives Matter Movement, and the Prosecution of N.Y.P.D. Officer Peter Liang. 27 III. Fisher v. University of Texas. 33 IV.... |
2019 |
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| Darin E.W. Johnson |
RUSSIAN ELECTION INTERFERENCE AND RACE-BAITING |
9 Columbia Journal of Race and Law 191 (2019) |
Russian interference in the 2016 United States presidential election exposed the nation's vulnerability to targeted campaign disruption by foreign intelligence actors through social media. The Russian cyber disinformation campaign exploited racial divisions in the United States to undermine public confidence in American electoral processes and... |
2019 |
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| Monica C. Bell |
SAFETY, FRIENDSHIP, AND DREAMS |
54 Harvard Civil Rights-Civil Liberties Law Review 703 (Summer, 2019) |
1. I never really lost nobody to killing--only one Person and I called him my Brother. we used to smoke and stuff together we was supposed to link up that same day we were supposed to go downtown we was supposed to just hang out Four o'clock in the morning, He got killed on the playground. you always see somebody just gone... |
2019 |
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| Bethany R. Berger |
SAVAGE EQUALITIES |
94 Washington Law Review 583 (June, 2019) |
Abstract: Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special... |
2019 |
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| Ian Kerr |
SCHRÖDINGER'S ROBOT: PRIVACY IN UNCERTAIN STATES |
20 Theoretical Inquiries in Law 123 (January, 2019) |
Can robots or AIs operating independently of human intervention or oversight diminish our privacy? There are two equal and opposite reactions to this issue. On the robot side, machines are starting to outperform human experts in an increasing array of narrow tasks, including driving, surgery, and medical diagnostics. This is fueling a growing... |
2019 |
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| Megan B. Mavis, Matthew D. Shapiro |
SECOND AMENDMENT INTERPRETATION AND A CRITIQUE OF THE RESISTANCE TO COMMON-SENSE GUN REGULATION IN THE FACE OF GUN VIOLENCE: THIS IS AMERICA |
46 Western State Law Review 85 (Spring, 2019) |
Open dialogue, as well as public discourse, are fundamental components to the Republic and has historically and uniquely shaped the body of politics of the United States. This is evidenced plainly by the basic tenants of the Bill of Rights. Despite its universal language, the Bill of Rights was once exclusively reserved for a selective few. The... |
2019 |
|
| Wendy Jennings |
SEPARATING FAMILIES WITHOUT DUE PROCESS: HIDDEN CHILD REMOVALS CLOSER TO HOME |
22 CUNY Law Review 1 (Winter, 2019) |
Introduction. 3 I. Family Separation Traumatizes Children and Their Parents. 8 A. Removing a Child from Her Parent Harms the Child. 8 B. Removing a Child from His Parent Has Long-Term Consequences for Families and Impacted Communities. 9 II. The Basic Path of New York Child Abuse and Neglect Cases. 10 A. How Does an Abuse or Neglect Case Begin?. 11... |
2019 |
|
| Marion Crain , Ken Matheny |
SEXUAL HARASSMENT AND SOLIDARITY |
87 George Washington Law Review 56 (January, 2019) |
In the waning months of 2017, Americans endured an almost daily barrage of news reports describing sexual harassment by powerful men in entertainment, media, politics, and law. The media focus continued in 2018 as reactions proliferated, ranging from walkouts at Google by workers protesting the company's handling of sexual-misconduct allegations... |
2019 |
|
| Michael Patty |
SOCIAL MEDIA AND CENSORSHIP: RETHINKING STATE ACTION ONCE AGAIN |
40 Mitchell Hamline Law Journal of Public Policy and Practice 99 (Spring, 2019) |
I. Introduction. 100 II. Social Medial Platforms and Censorship Concerns. 103 A. The Changing Landscape of Political and Social Discussion. 103 B. How is Content Regulated by Social Media Companies?. 106 C. Allegations of Censorship and Political Bias on Social Media Platforms. 107 III. The State Action Doctrine. 113 A. Principles, History, and... |
2019 |
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| Allyson Haynes Stuart |
SOCIAL MEDIA, MANIPULATION, AND VIOLENCE |
15 South Carolina Journal of International Law & Business 100 (Spring, 2019) |
For centuries now, inventions heralded as advances in human progress have been exploited by the criminal mind. New technologies, all too soon, can become instruments used to commit serious crimes. The railroad is one example . and the telephone another .. So, it will be with the Internet and social media. Many of us lament the ubiquity of social... |
2019 |
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| Carrie Leonetti |
SPEAKING OF PROSECUTORS: DECEPTIVELY DESCRIPTIVE ON THE SURFACE WITH A HEAVY NORMATIVE UNDERTOW |
16 Ohio State Journal of Criminal Law 453 (Spring, 2019) |
Prosecutors and Democracy: A Cross-National Study (Cambridge University Press 2017) The American mass incarceration crisis and the collateral consequences that flow from it are long standing and well documented, but the United States has only lately begun grappling with its international leadership in political penal punitiveness. Going to back to... |
2019 |
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| Jennifer Daskal |
SPEECH ACROSS BORDERS |
105 Virginia Law Review 1605 (December, 2019) |
As both governments and tech companies increasingly seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to delink or delist material in a geographically segmented way, or are global delinking and takedown orders needed to protect the underlying... |
2019 |
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| Andrea Alajbegović |
STILL SEPARATE, STILL UNEQUAL: LITIGATION AS A TOOL TO ADDRESS NEW YORK CITY'S SEGREGATED PUBLIC SCHOOLS |
22 CUNY Law Review 304 (Summer, 2019) |
Introduction. 305 I. The Foundations of Desegregation Litigation. 310 II. Suing in Federal Court: A Dead End for School Districts Experiencing De Facto Segregation. 313 A. The Process of Federal Desegregation Litigation. 313 B. The Impact of Desegregation Litigation. 314 III. School Finance Litigation in State Courts: Success Remains to Be Seen.... |
2019 |
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| Blanche Bong Cook |
STOP TRAFFIC: USING EXPERT WITNESSES TO DISRUPT INTERSECTIONAL VULNERABILITY IN SEX TRAFFICKING PROSECUTIONS |
24 Berkeley Journal of Criminal Law 147 (Spring, 2019) |
Oberyn Martell: They don't hurt little girls in Dorne. Cersei Lannister: Everywhere in the world, they hurt little girls. ABSTRACT. 149 INTRODUCTION. 151 PART ONE. CASE STUDY: JD7. 162 PART TWO. LEGAL FRAMEWORK: FEDERAL SEX TRAFFICKING LAW. 165 PART THREE. THEORETICAL FRAMEWORK. 173 A. THE FEMALE AS PROPERTY. 174 B. EVALUATING AGENCY IN THE CONTEXT... |
2019 |
|
| Elias R. Feldman |
STRICT TORT LIABILITY FOR POLICE MISCONDUCT |
53 Columbia Journal of Law and Social Problems 89 (Fall, 2019) |
The disproportionate rates at which police use wrongful deadly force against racial minorities in the United States is a matter of significant national concern. This Note contributes to the ongoing conversation by proposing a new legal reform, which calls for the state law imposition of strict tort liability on municipal governments for police... |
2019 |
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| William J. Aceves |
SUING RUSSIA: HOW AMERICANS CAN FIGHT BACK AGAINST RUSSIAN INTERVENTION IN AMERICAN POLITICS |
43 Fordham International Law Journal 1 (October, 2019) |
The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and... |
2019 |
|
| Nicolas Duque Franco |
SUSPICIOUS TO WHOM? REFORMING THE SUSPICIOUS ACTIVITY REPORTING PROGRAM TO BETTER PROTECT PRIVACY AND PREVENT DISCRIMINATION |
43 New York University Review of Law and Social Change 611 |
Introduction. 613 I. The SAR Program: A Response to 9/11 & the Need for Information Sharing. 615 II. The Policies and Procedures of the SAR Program. 619 A. The SAR Functional Standards. 619 B. The Procedure for SAR Collection, Analysis, and Dissemination. 620 III. Criticisms of the Nationwide SAR Initiative. 625 A. Problems with the Efficacy and... |
2019 |
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| Amy Adler , Jeanne C. Fromer |
TAKING INTELLECTUAL PROPERTY INTO THEIR OWN HANDS |
107 California Law Review 1455 (October, 2019) |
When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy... |
2019 |
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| Victoria Bell |
THE "WHITE" TO BEAR ARMS: HOW IMMUNITY PROVISIONS IN STAND YOUR GROUND STATUTES LEAD TO AN UNEQUAL APPLICATION OF THE LAW FOR BLACK GUN OWNERS |
46 Fordham Urban Law Journal 902 (June, 2019) |
Twenty-five states across the country have enacted some form of Stand Your Ground (SYG) laws, undercutting the traditional notion of a duty to retreat when faced with a perceived threat. Proponents of SYG argue that these laws derive from a fundamental right of self-defense and are intended to safeguard all citizens from imminent threats of... |
2019 |
|
| Ben Trachtenberg |
THE 2015 UNIVERSITY OF MISSOURI PROTESTS AND THEIR LESSONS FOR HIGHER EDUCATION POLICY AND ADMINISTRATION |
107 Kentucky Law Journal 61 (2018-2019) |
In 2015, student protestors at more than eighty American universities issued administrators demands related to racial justice. Even readers intensely interested in both civil rights and higher education policy could name few of these institutions. Yet somehow the University of Missouri (Mizzou)--along with Yale and a few other... |
2019 |
|
| Jonathan Kahn, J.D., Ph.D. |
THE 911 COVENANT: POLICING BLACK BODIES IN WHITE SPACES AND THE LIMITS OF IMPLICIT BIAS AS A TOOL OF RACIAL JUSTICE |
15 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2019) |
Introduction. 1 I. The Narrative of Implicit Bias. 3 A. What is Implicit Bias?. 4 B. Implicit Bias is Everyone's Problem. 7 C. Implicit Bias Marginalizes Racism. 8 D. Implicit Bias Consigns Racism to the Dustbin of History. 9 II. A Social Inflection Point?. 12 III. A Legal Inflection Point. 15 A. Revisiting and Revising Jody Armour's Reasonable... |
2019 |
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| Christopher Griffin |
THE CELIA DOCTRINE: A NEW DEFENSE AGAINST THE CRIMINALIZATION OF RAPE VICTIMS |
43 Journal of the Legal Profession 251 (Spring, 2019) |
Introduction. 251 I. State of Missouri v. Celia. 252 II. State of Tennessee v. Cyntoia. 255 III. Celia & Cyntoia. 259 IV. What is the Celia Doctrine?. 262 V. Application of the Celia Doctrine. 263 VI. Cyntoia Today. 264 VII. Clemency. 266 Conclusion. 268 |
2019 |
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| Grace Nosek |
THE CLIMATE NECESSITY DEFENSE: PROTECTING PUBLIC PARTICIPATION IN THE U.S. CLIMATE POLICY DEBATE IN A WORLD OF SHRINKING OPTIONS |
49 Environmental Law 249 (Winter, 2019) |
Scholars have documented how, since 1989, the climate change counter-movement, a densely connected and well-funded network of fossil fuel industry members and their allies, has worked to stymie government action on climate change. Recent allegations that key actors in the climate change counter-movement, including Exxon Mobil, actively misled the... |
2019 |
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| Jyoti Nanda |
THE CONSTRUCTION AND CRIMINALIZATION OF DISABILITY IN SCHOOL INCARCERATION |
9 Columbia Journal of Race and Law 265 (2019) |
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized... |
2019 |
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| Chrystie F. Swiney |
THE COUNTER-ASSOCIATIONAL REVOLUTION: THE RISE, SPREAD, AND CONTAGION OF RESTRICTIVE CIVIL SOCIETY LAWS IN THE WORLD'S STRONGEST DEMOCRATIC STATES |
43 Fordham International Law Journal 399 (December, 2019) |
In recent years, an increasing number of democratic states, including fully consolidated, long-standing democratic states, have adopted laws that impose new restrictions on the ability of civil society organizations (CSOs) to operate autonomous from government control, a phenomenon that is unsurprising in authoritarian contexts, but perplexing in... |
2019 |
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