| Author | Title | Citation | Summary | Year | Relevancy |
| Kevin M. Barry |
THE DEATH PENALTY AND THE FUNDAMENTAL RIGHT TO LIFE |
60 Boston College Law Review 1545 (June, 2019) |
Introduction. 1547 I. The Eighth Amendment Challenge. 1551 II. Substantive Due Process Generally. 1554 A. Is the Right Deprived Fundamental?. 1554 1. Specificity. 1556 2. History and Tradition. 1557 3. Dignity. 1559 4. Negative and Positive Rights. 1561 B. Does the Law Meet the Appropriate Level of Scrutiny?. 1562 III. The Death Penalty Deprives... |
2019 |
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| James Monaghan |
The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective by Markus D Dubber (2018) Oxford University Press, 304 pp ISBN 9780198744290 |
41 Sydney Law Review 149 (March, 2019) |
Liberal penality is in crisis. States supposedly committed to a liberal view of criminal law routinely engage in penal violence, seemingly unconstrained by the limits that concepts like law and liberalism'--in certain idealised forms-- are meant to provide. In The Dual Penal State, Markus D Dubber offers us a diagnosis of this crisis, presents a... |
2019 |
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| Osagie K. Obasogie , Zachary Newman |
THE ENDOGENOUS FOURTH AMENDMENT: AN EMPIRICAL ASSESSMENT OF HOW POLICE UNDERSTANDINGS OF EXCESSIVE FORCE BECOME CONSTITUTIONAL LAW |
104 Cornell Law Review 1281 (July, 2019) |
If the Fourth Amendment is designed to protect citizens from law enforcement abusing its powers, why are so many unarmed Americans killed? Traditional understandings of the Fourth Amendment suggest that it has an exogenous effect on police use of force, i.e., that the Fourth Amendment provides the ground rules for how and when law enforcement can... |
2019 |
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| Andrew Guthrie Ferguson |
THE EXCLUSIONARY RULE IN THE AGE OF BLUE DATA |
72 Vanderbilt Law Review 561 (March, 2019) |
In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court's understanding of the exclusionary rule: As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence. The open question remains: How can defendants... |
2019 |
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| Matthew McElvenny |
THE EYES OF THE WORLD ARE WATCHING YOU NOW: COLIN KAEPERNICK'S COLLUSION SUIT AGAINST THE NFL |
26 Jeffrey S. Moorad Sports Law Journal 115 (2019) |
Colin Kaepernick's (Kaepernick) silent protest did not flicker into existence out of nowhere; his issues are ones that have a long history, not just in the United States, but around the world. In September 1977, South African police officers who were interrogating anti-apartheid activist Steven Biko became incensed when Biko, forced to stand for... |
2019 |
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| Alexandra Natapoff |
THE HIGH STAKES OF LOW-LEVEL CRIMINAL JUSTICE: MISDEMEANORLAND: CRIMINAL COURTS AND SOCIAL CONTROL IN AN AGE OF BROKEN WINDOWS POLICING BY ISSA KOHLER-HAUSMANN PRINCETON UNIVERSITY PRESS, 2018 |
128 Yale Law Journal 1648 (April, 2019) |
The low-level misdemeanor process is a powerful socio-legal institution that both regulates and generates inequality. At the same time, misdemeanor legal processing often ignores many foundational criminal justice values such as due process, evidence, and even individual guilt. These features are linked: the erosion of the rule of law is one of the... |
2019 |
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| Rory Van Loo |
THE MISSING REGULATORY STATE: MONITORING BUSINESSES IN AN AGE OF SURVEILLANCE |
72 Vanderbilt Law Review 1563 (October, 2019) |
An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history--large platforms such as Amazon, Facebook, and Google--have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by... |
2019 |
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| Katie R. Eyer |
THE NEW JIM CROW IS THE OLD JIM CROW |
128 Yale Law Journal 1002 (February, 2019) |
Mothers of Massive Resistance: White Women and the Politics of White Supremacy BY ELIZABETH GILLESPIE MCRAE OXFORD UNIVERSITY PRESS, 2018 A More Beautiful and Terrible History: The Uses and Misuses of Civil Rights History BY JEANNE THEOHARIS BEACON PRESS, 2018 A vast divide exists in the national imagination between the racial struggles of the... |
2019 |
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| Tomer Shadmy |
THE NEW SOCIAL CONTRACT: FACEBOOK'S COMMUNITY AND OUR RIGHTS |
37 Boston University International Law Journal 307 (Summer, 2019) |
Digital platforms have an ever-growing ability to control and regulate their users. The platforms' terms of service, content moderation policies, and algorithms form new regulatory ecosystems. These new ecosystems, this Article argues, do more than simply establish sets of affordances and constraints; rather, they challenge and transform basic... |
2019 |
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| Drew Ruzanski |
THE OPEN PUBLIC RECORDS ACT: THE PEOPLE'S BASTION AGAINST POLICE MISCONDUCT IN NEW JERSEY |
16 Rutgers Journal of Law & Public Policy 83 (Spring, 2019) |
In the United States of America, police brutality and overreach have been and continue to be insidious problems. Protests erupted in Ferguson, Missouri, in 2014, after the shooting death of an unarmed African-American teenager at the hands of a Ferguson police officer. A subsequent United States Department of Justice (USDOJ) investigation into the... |
2019 |
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| Mary L. Dudziak |
THE OUTCOME OF INFLUENCE: HITLER'S AMERICAN MODEL AND TRANSNATIONAL LEGAL HISTORY |
117 Michigan Law Review 1179 (April, 2019) |
Hitler's American Model: The United States and the Making of Nazi Race Law. By James Q Whitman. Princeton and Oxford: Princeton University Press. 2017. P. 161. Cloth, $24.95; paper, $14.95. On July 17, 1935, William E. Dodd, the U.S. Ambassador to Germany, sent a disturbing dispatch to the Secretary of State: SIR: I have the honor to report that... |
2019 |
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| Jocelyn Simonson |
THE PLACE OF "THE PEOPLE" IN CRIMINAL PROCEDURE |
119 Columbia Law Review 249 (January, 2019) |
The rules and practices of criminal procedure assume a clean separation between the interests of the public and the interests of the lone defendant who stands accused. Even the names given to criminal prosecutions often declare this dichotomy, as in jurisdictions such as California, Illinois, Michigan, and New York that caption criminal cases The... |
2019 |
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| Rebecca Goldstein |
THE POLITICS OF DECARCERATION, PRISONERS OF POLITICS: BREAKING THE CYCLE OF MASS INCARCERATION BY RACHEL ELISE BARKOW, HARVARD UNIVERSITY PRESS, 2019 |
129 Yale Law Journal 446 (November, 2019) |
In Prisoners of Politics, Rachel Barkow convincingly argues that the criminal-justice system is deeply broken: the United States's incarceration rate is the highest in the world, and there is little evidence that this system, with all its devastating human and monetary costs, is contributing to improved public safety. Prisoners of Politics argues... |
2019 |
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| Tabatha Abu El-Haj |
THE POSSIBILITIES FOR RESPONSIVE PARTY GOVERNMENT |
119 Columbia Law Review Online 123 (May 6, 2019) |
Professor Kang raises two fundamental worries about the associational path to party reform in The Problem of Irresponsible Party Government, his response to my essay, Networking the Party: First Amendment Rights and the Pursuit of Responsive Party Government. First, he doubts the feasibility of reestablishing thick relational parties given social,... |
2019 |
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| Abbe Smith |
THE PROSECUTORS I LIKE: A VERY SHORT ESSAY |
16 Ohio State Journal of Criminal Law 411 (Spring, 2019) |
Generally speaking, I don't like prosecutors. The longer I practice law--more than three decades now--the more it is so. Maybe this is inevitable for a career indigent defense lawyer; a certain bitterness might come with the territory. Prosecutors have enormous power and the resources to back it up, while indigent defendants lack the most basic... |
2019 |
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| Jeannine Bell |
THE RESISTANCE & THE STUBBORN BUT UNSURPRISING PERSISTENCE OF HATE AND EXTREMISM IN THE UNITED STATES |
26 Indiana Journal of Global Legal Studies 305 (Winter, 2019) |
Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States--from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017... |
2019 |
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| Laura Victorelli |
THE RIGHT TO BE HEARD (AND UNDERSTOOD): IMPARTIALITY AND THE EFFECT OF SOCIOLINGUISTIC BIAS IN THE COURTROOM |
80 University of Pittsburgh Law Review 709 (Spring, 2019) |
Working for Justice can take many forms, but for linguists, we believe it should include listening to vernacular dialects more closely and hearing their speakers more clearly and more fairly, not only in courtrooms, but also in schools, job interviews, apartment searches, doctors' visits, and everywhere that speech and language matter. --John... |
2019 |
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| Tucker Carrington |
THE ROLE OF JUDGING 50 YEARS AFTER THE "CHICAGO SEVEN" TRIAL: A REMEMBRANCE OF CHARLES R. GARRY |
50 Loyola University Chicago Law Journal 969 (Summer, 2019) |
Introduction. 969 I. Some Brief Historical Context. 970 II. The Beginning. 976 III. Los Siete.. 980 IV. Huey Newton. 981 V. HUAC. 983 VI. Garry's Legacy. 984 |
2019 |
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| Anthony F. Cottone, Esq., Solo practitioner in Providence Hearing officer and counsel for RI Department of Education |
THE SCHOOLHOUSE GATE: PUBLIC EDUCATION, THE SUPREME COURT, AND THE BATTLE FOR THE AMERICAN MIND BY JUSTIN DRIVER |
67-FEB Rhode Island Bar Journal 23 (January/February, 2019) |
In the Introduction to The Schoolhouse Gate: Public Education, the Supreme Court and the Battle for the American Mind (Pantheon Books, 2018), Justin Driver notes that [o]n any given weekday, during school hours, at least one-sixth of the U.S. population can be found in a public school, and quoting Justice John Paul Stevens, Driver adds that the... |
2019 |
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| Suzanne Barth |
THE TERRY DILEMMA: A GAME THEORETIC ANALYSIS OF QUALIFIED IMMUNITY FOR POLICE OFFICERS |
28 Boston University Public Interest Law Journal 87 (Winter, 2019) |
I. Introduction. 87 II. Legal Background. 88 A. The Birth of the Terry Stop. 88 B. The Civil Action for Damages. 90 C. Qualified Immunity. 91 D. Thomas v. Dillard. 96 III. Economic Background. 99 IV. Model 1: The Terry Dilemma. 101 A. The Suspect's Considerations: Criminal Liability, Physical Safety, and the Fourth Amendment. 102 B. The Police... |
2019 |
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| Seth Davis |
THE THIRTEENTH AMENDMENT AND SELF-DETERMINATION |
104 Cornell Law Review Online 88 (September, 2019) |
Slavery in the American South was a system of government that denied self-determination to Black communities. The Thirteenth Amendment to the U.S. Constitution promised that [n]either slavery nor involuntary servitude . shall exist within the United States. Today, Black communities and other subordinated communities are demanding... |
2019 |
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| Robert M. Sanger |
THE WAR ON KIDS: HOW AMERICAN JUVENILE JUSTICE LOST ITS WAY BY CARA DRINAN OXFORD UNIVERSITY PRESS (2018) |
43-MAR Champion 57 (March, 2019) |
Cara Drinan's The War on Kids is a timely and well-written book that should be read by all lawyers and, in fact, by the American public. Certainly, the themes and material will be familiar to criminal defense lawyers who deal with clients under the age of 25 (that would be all of us, right?) and, of course, familiar to thoughtful juvenile... |
2019 |
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| Benjamin Paul Bennett |
THICK ENOUGH TO STOP A BULLET: CIVIL PROTECTION ORDERS, SOCIAL MEDIA, AND FREE SPEECH |
50 Columbia Human Rights Law Review 228 (Spring, 2019) |
Domestic violence occurs in private and public spaces, including the virtual spaces social media platforms create. This Note examines the role domestic violence Civil Protection Orders can play in regulating social media behavior. Contrary to scholars who have argued that injunctions and criminal statutes should rarely, if ever, prohibit speech... |
2019 |
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| Mari J. Matsuda |
THIS IS (NOT) WHO WE ARE: KOREMATSU, CONSTITUTIONAL INTERPRETATION, AND NATIONAL IDENTITY |
128 Yale Law Journal Forum 657 (January 30, 2019) |
abstract. This Essay argues that we are at a critical moment in the project of constitutional interpretation. Our choice to expand or contract our notion of rights implicates our survival as a species, as growing wealth inequality, globalized neofascism, and climate chaos loom. Asserting the continued usefulness of legal claims, the author asks a... |
2019 |
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| Ayesha Bell Hardaway |
TIME IS NOT ON OUR SIDE: WHY SPECIOUS CLAIMS OF COLLECTIVE BARGAINING RIGHTS SHOULD NOT BE ALLOWED TO DELAY POLICE REFORM EFFORTS |
15 Stanford Journal of Civil Rights & Civil Liberties 137 (June, 2019) |
Many view the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for engaging in a pattern or practice of policing that violates the... |
2019 |
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| Meghan Racklin |
TITLE IX AND CRIMINAL LAW ON CAMPUS: AGAINST MANDATORY POLICE INVOLVEMENT IN CAMPUS SEXUAL ASSAULT CASES |
94 New York University Law Review 982 (October, 2019) |
This Note argues that policy proposals mandating law enforcement involvement in campus sexual assault cases are harmful to survivors of sexual assault and are inconsistent with Title IX. Title IX's gender-equality goals require schools to address sexual assault as a civil rights issue, with a focus on its impact on survivors' continued access to... |
2019 |
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| John Zachary Blanchard, Jr., Past Chair, LSBA Insurance, Tort, Workers' Compensation and Admiralty Law Section, 90 Westerfield St., Bossier City, LA 71111 |
TORT: LIABILITY FOR DAMAGES IN CIVIL PROTESTS |
67 Louisiana Bar Journal 205 (October/November, 2019) |
Doe v. Mckesson, _ F.3d _ (5 Cir. 2019), 2019 WL 3729587. In July 2016, during the summer of our national discontent, a protest associated with Black Lives Matter took place by blocking a highway in front of the Baton Rouge Police Department headquarters. The Baton Rouge Police Department prepared by organizing a front line of officers in riot... |
2019 |
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| Anthony J. Ghiotto |
TRAFFIC STOP FEDERALISM: PROTECTING NORTH CAROLINA BLACK DRIVERS FROM THE UNITED STATES SUPREME COURT |
48 University of Baltimore Law Review 323 (Summer, 2019) |
Black drivers face a different constitutional reality than whites the moment they step behind the wheel in North Carolina. Although black drivers represent only about twenty-two percent of the North Carolina population, thirty-two percent of all traffic stops involve black drivers. This racial disparity may raise suspicion of either implicit or... |
2019 |
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| Justin Wise |
Twitter locks McConnell campaign account after posting video of protester shouting threats, profanities |
2019 The Hill 3716820 (August 7, 2019) |
Twitter has locked the account for Senate Majority Leader Mitch McConnell's (R-Ky.) campaign after it shared a video of a protester's profanity-laced rant outside the senator's home. |
2019 |
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| Whitney Benns |
UNHOLY UNION: ST. LOUIS PROSECUTORS AND POLICE UNIONIZE TO MAINTAIN RACIST STATE POWER |
35 Harvard Blackletter Law Journal 39 (Spring, 2019) |
In late December 2018, St. Louis County prosecutors voted to unionize and join the St. Louis Police Officer Association (SLPOA), the infamous St. Louis City police union that represents many of the city's white police officers. This vote came on the heels of former St. Louis County Prosecuting Attorney Bob McCulloch--whose almost three-decade... |
2019 |
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