AuthorTitleCitationSummaryYearKey Terms
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  
  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  
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  
  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  
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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