| Author | Title | Citation | Summary | Year | Relevancy |
| Sally Gunz , Marianne M. Jennings |
UNIVERSITY LEGAL COUNSEL: THE ROLE AND ITS CHALLENGES |
33 Notre Dame Journal of Law, Ethics & Public Policy 177 (2019) |
Once upon a time lawyers were told to select a career in-house if they wished for a calm and well-measured life. The clichéd account of a university environment was that of a cozy repository for deep thinkers debating issues at the pace of a leisurely snail. Both descriptions, if ever true, bear little relevance for university counsel today. The... |
2019 |
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| Distinguished Panelists |
USING THE LICENSING POWER OF THE ADMINISTRATIVE STATE: MODEL RULE 8.4(G) |
31 Regent University Law Review 31 (2018-2019) |
Hon. Anderson: It's my privilege to moderate this panel. We have a distinguished panel of guests to discuss Rule 8.4(g) and the implications thereof. We've got a couple of housekeeping things to deal with. First, I want to say I'm grateful for this opportunity. I was told that the Federalist Society was looking for a moderator with great charisma,... |
2019 |
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| Maybell Romero |
VIEWING ACCESS TO JUSTICE FOR RURAL MAINERS OF COLOR THROUGH A PROSECUTION LENS |
71 Maine Law Review 227 (2019) |
I. Introduction II. The Meaning of Rural: A Plethora of Definitions A. Pop Cultural and Vernacular Understandings of Rurality B. Census and Other Agency Definitions C. More Nebulous Definition of Rural III. Prosecutors and People of Color A. Inequitable Trends in the Prosecution of Crimes 1. Adults in the Criminal Justice System 2. Youth in the... |
2019 |
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| William J. Aceves |
VIRTUAL HATRED: HOW RUSSIA TRIED TO START A RACE WAR IN THE UNITED STATES |
24 Michigan Journal of Race and Law 177 (Spring, 2019) |
During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential... |
2019 |
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| Michelle S. Simon |
WALKING OUT: SCHOOLS, STUDENTS, AND CIVIL DISOBEDIENCE |
69 Syracuse Law Review 309 (2019) |
C1-2Contents Introduction. 309 I. The Power of Youth and Social Activism. 316 II. The First Amendment and Student Speech. 322 III. Analyzing Schools' Responses to Walkouts Under the First Amendment. 338 IV. What is a School to Do?. 346 Conclusion. 349 |
2019 |
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| Michelle Burrell |
WHAT CAN THE CHILD WELFARE SYSTEM LEARN IN THE WAKE OF THE FLOYD DECISION?: A COMPARISON OF STOP-AND-FRISK POLICING AND CHILD WELFARE INVESTIGATIONS |
22 CUNY Law Review 124 (Winter, 2019) |
Introduction. 125 I. The History of Stop-and-Frisk in New York. 128 II. Parallels Between Use of Stop-and-Frisk and CPS Investigations. 130 A. Low Burden of Proof. 130 B. Disproportionate Effects on People of Color in Low Income Communities. 133 C. The Impact on Community. 134 D. Lack of Recourse for Rogue Police Officers and Rogue Caseworkers. 135... |
2019 |
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| Jesse D.H. Snyder |
WHAT FANE LOZMAN CAN TEACH US ABOUT FREE SPEECH |
19 Wyoming Law Review 419 (2019) |
I. Introduction. 420 II. The Free-Speech Fissures Exposed During October Term 2017. 423 A. What the Past Century Has Taught About Free Speech. 424 B. October Term 2017 and the Growing Pains of Free-Speech Protection. 428 1. Can Baking a Cake Constitute Protected Speech?. 429 2. Can the Government Compel Disclosures in Violation of Sincerely Held... |
2019 |
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| Bruce Ledewitz |
WHAT HAS GONE WRONG AND WHAT CAN WE DO ABOUT IT? |
54 Tulsa Law Review 247 (Winter, 2019) |
Benjamin I. Page and Martin Gilens, Democracy in America? What Has Gone Wrong And What Can We Do About It? (University of Chicago Press 2018). Pp. 352. Hardcover $30.00. Steven Levitsky and Daniel Ziblatt, How Democracies Die (Penguin Random House 2018). Pp. 320. Hardcover $26.00. Paperback $15.00. Lawrence Lessig, America, Compromised (University... |
2019 |
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| Gregory P. Magarian |
WHEN AUDIENCES OBJECT: FREE SPEECH AND CAMPUS SPEAKER PROTESTS |
90 University of Colorado Law Review 551 (Spring, 2019) |
In March 2017, conservative author Charles Murray arrived to speak at Middlebury College in Vermont, invited by a student affiliate of the American Enterprise Institute. Murray planned to discuss his 2013 book, Coming Apart: The State of White America, 1960-2010. Many Middlebury students and faculty, however, deplored Murray for an earlier book,... |
2019 |
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| Danielle Keats Citron , Jonathon W. Penney |
WHEN LAW FREES US TO SPEAK |
87 Fordham Law Review 2317 (May, 2019) |
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexual-privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally... |
2019 |
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| Alexis Karteron |
WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING |
69 Case Western Reserve Law Review 669 (Spring, 2019) |
In response to programmatic stop-and-frisk, police killings, and other recent controversies in American policing, many have called for smart policing--the evidence-based deployment of police resources. An often-heralded example of smart policing is hot spots policing, which involves directing police attention to locations where crime and disorder... |
2019 |
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| Chan Tov McNamarah |
WHITE CALLER CRIME: RACIALIZED POLICE COMMUNICATION AND EXISTING WHILE BLACK |
24 Michigan Journal of Race and Law 335 (Spring, 2019) |
Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... |
2019 |
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| Geoff Gilbert |
WHO PLANS OUR POLITICAL ECONOMY? A SOLIDARITY ECONOMY VISION FOR DEMOCRATIC POLITICAL ECONOMY PLANNING |
12 Unbound: Harvard Journal of the Legal Left 101 (2019) |
- Ella Baker - Robin D.G. Kelley The Democratic Party's current left-wing resurgence shows that significant popular support exists for an expanded vision of fundamental rights for all people: rights to public health care and higher education; affordable h |
2019 |
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| Ariana H. Aboulafia |
WHO YA GONNA CALL? AN ANALYSIS OF PARADIGM SHIFTS AND SOCIAL HARMS AS A RESULT OF HYPER-VIRAL POLICE VIOLENCE |
10 University of Miami Race & Social Justice Law Review 1 (Fall, 2019) |
I. INTRODUCTION. 3 II. Ferguson is Everywhere -Why Good-Faith Individuals Are Reluctant to Call the Police. 4 (1) Adding Fuel to the Fire - Enhanced Fear of Calling Police in Minorities. 4 (1)(a) Changes in Policing. 6 (1)(b) Tough on Crime Policies that Target Minority Communities. 9 (1)(c) Hyper-Viral Police Violence, From Rodney King to... |
2019 |
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| Laura Rothstein |
WOULD THE ADA PASS TODAY?: DISABILITY RIGHTS IN AN AGE OF PARTISAN POLARIZATION |
12 Saint Louis University Journal of Health Law & Policy 271 (2019) |
The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that... |
2019 |
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| Griffin Edwards, Joshua J. Robinson , University of Alabama at Birmingham, USA |
YOU GOTTA FIGHT FOR YOUR RIGHT? PUBLICLY ASSIGNED BUT PRIVATELY ENFORCED PROPERTY RIGHTS |
59 International Review of Law & Economics 31 (September, 2019) |
Article history: Received 17 April 2018 Received in revised form 15 April 2019 Accepted 16 April 2019 Available online 24 April 2019 Establishment and enforcement of property rights is often seen as a key tenet of a productive society. Many argue that the absence of formal public institutions to establish and enforce property rights necessarily... |
2019 |
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| Chiraag Bains |
"A FEW BAD APPLES": HOW THE NARRATIVE OF ISOLATED MISCONDUCT DISTORTS CIVIL RIGHTS DOCTRINE |
93 Indiana Law Journal 29 (Winter, 2018) |
Viral videos of fatal police force used against unarmed or nondangerous individuals, many of them black men, are driving a conversation about race and policing in America. The names are familiar by now, part of a macabre roll of modern American tragedy. Eric Garner was choked to death in Staten Island, repeating I can't breathe before he died.... |
2018 |
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| Sara Mayeux |
"AN HONEST BUT FEARLESS FIGHTER": THE ADVERSARIAL IDEAL OF PUBLIC DEFENDERS IN 1930S AND 1940S LOS ANGELES |
36 Law and History Review 619 (August, 2018) |
Early one Sunday in 1948, Frederic Vercoe set out from his home in San Marino, California, for a speaking engagement in downtown Los Angeles. Perhaps he took the Arroyo Seco Parkway, which had opened for drivers 8 years before, linking the city more tightly with its vast agglomerate of suburbs. Although the roads may have changed, Vercoe had been... |
2018 |
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| Kenneth B. Nunn |
"ESSENTIALLY BLACK": LEGAL THEORY AND THE MORALITY OF CONSCIOUS RACIAL IDENTITY |
97 Nebraska Law Review 287 (2018) |
In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the... |
2018 |
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| Monique T. Curry |
"GET THAT SON OF A * OFF THE FIELD": REGULATING STUDENT-ATHLETE PROTEST SPEECH IN PUBLIC UNIVERSITY SPORTS FACILITIES |
61 Howard Law Journal 669 (Spring, 2018) |
INTRODUCTION. 669 I. PUBLIC FORUM DOCTRINE AND THE PUBLIC UNIVERSITY. 673 II. PROTEST SPEECH AS PROTECTED EXPRESSIVE CONDUCT. 687 III. STUDENT-ATHLETE PROTEST SPEECH IS WORTHY OF FIRST AMENDMENT PROTECTION. 693 CONCLUSION. 697 |
2018 |
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| Spencer K. Beall |
"LOCK HER UP!" HOW WOMEN HAVE BECOME THE FASTEST-GROWING POPULATION IN THE AMERICAN CARCERAL STATE |
23 Berkeley Journal of Criminal Law 1 (Spring, 2018) |
The majority of discourse on American mass incarceration attempts to explain the outsize populations in jails and prisons as the result of a political war against a specific group of people (e.g. against a certain race, against the poor), rather than against crime itself. Less attention has been paid to women, even though they are the... |
2018 |
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| Christina A. Zawisza |
"MLK 50: WHERE DO WE GO FROM HERE?": TEACHING THE MEMPHIS CIVIL RIGHTS MOVEMENT THROUGH A THERAPEUTIC JURISPRUDENCE LENS |
6 Belmont Law Review 175 (2018) |
We walk on sacred and honorable ground. As the nation pauses to commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. on April 4, 1968, in Memphis, Tennessee, it is imperative that we study the epic civil rights history of Memphis which preceded this dreadful event, especially in the legal academy. Therapeutic... |
2018 |
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| Samuel Walker |
"NOT DEAD YET": THE NATIONAL POLICE CRISIS, A NEW CONVERSATION ABOUT POLICING, AND THE PROSPECTS FOR ACCOUNTABILITY-RELATED POLICE REFORM |
2018 University of Illinois Law Review 1777 (2018) |
This Article argues that, despite the actions of the Trump Administration in cancelling two Justice Department accountability-related police reform programs, the prospects for continued police reform efforts in the immediate future remain alive. This argument is based on several factors, both in the broader social and political environment and... |
2018 |
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| Russell K. Robinson, David M. Frost |
"PLAYING IT SAFE" WITH EMPIRICAL EVIDENCE: SELECTIVE USE OF SOCIAL SCIENCE IN SUPREME COURT CASES ABOUT RACIAL JUSTICE AND MARRIAGE EQUALITY |
112 Northwestern University Law Review 1565 (2018) |
Abstract--This Essay seeks to draw connections between race, sexual orientation, and social science in Supreme Court litigation. In some respects, advocates for racial minorities and sexual minorities face divergent trajectories. Among those asserting civil rights claims, LGBT rights claimants have been uniquely successful at the Court ever since... |
2018 |
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| Elizabeth J. Upton |
"SOME KIND OF NOTICE" IS NO KIND OF STANDARD: THE NEED FOR JUDICIAL INTERVENTION AND CLARITY IN DUE PROCESS PROTECTIONS FOR PUBLIC SCHOOL STUDENTS |
86 George Washington Law Review 655 (March, 2018) |
Public backlash over zero tolerance policies that funnel public school students to jail through the school to prison pipeline has unveiled the systemic issues associated with discriminatory application and the detrimental effects of exclusionary discipline. What remains unaddressed and largely ignored is the lack of procedural safeguards afforded... |
2018 |
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| Arturo Peña Miranda |
"WHERE THERE IS A RIGHT (AGAINST EXCESSIVE FORCE), THERE IS ALSO A REMEDY": REDRESS FOR POLICE VIOLENCE UNDER THE EQUAL PROTECTION CLAUSE |
65 UCLA Law Review 1678 (September, 2018) |
This Comment argues that the Equal Protection Clause compels the federal courts to create an implied damages remedy in excessive force cases. Implied constitutional remedies are disfavored today. Jurists believe that as tribunals of limited jurisdiction, federal courts may only issue a damages remedy when Congress so provides in the constitutional... |
2018 |
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| Sofia Yakren |
"WRONGFUL BIRTH" CLAIMS AND THE PARADOX OF PARENTING A CHILD WITH A DISABILITY |
87 Fordham Law Review 583 (November, 2018) |
Wrongful birth is a controversial medical malpractice claim raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information denied her the chance to abort. Plaintiff-mothers are required to testify that, but for the defendant's negligence, they would have terminated... |
2018 |
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| Janos Marton |
#CLOSERIKERS: THE CAMPAIGN TO TRANSFORM NEW YORK CITY'S CRIMINAL JUSTICE SYSTEM |
45 Fordham Urban Law Journal 499 (February, 2018) |
Introduction. 500 I. Rikers Island: A History of Racism, Violence, and Corruption. 503 A. Richard Riker. 504 B. Creating the Rikers Island Jail Complex. 505 C. Problems Arise: Rikers Island Jail Complex from 1935-1980. 507 D. Closing Rikers Island: The First Attempt. 510 E. Violence Rises During the 1990s and 2000s. 512 F. Modern Reform Failures.... |
2018 |
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| Renee Nicole Allen, Deshun Harris |
#SOCIALJUSTICE: COMBATTING IMPLICIT BIAS IN AN AGE OF MILLENNIALS, COLORBLINDNESS & MICROAGGRESSIONS |
18 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2018) |
Law schools, in an effort to produce practice-ready graduates, are in an opportune position to take the lead in confronting social justice. Many schools are shifting from traditional classroom instruction to more experiential learning environments which place students early in their academic pursuits in contact with clients and legal problems.... |
2018 |
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| K. Sabeel Rahman |
(RE)CONSTRUCTING DEMOCRACY IN CRISIS |
65 UCLA Law Review 1552 (September, 2018) |
Contemporary concerns about democratic backsliding in the United States and elsewhere have produced an important new literature on democratic crisis and the ways in which political actors can undermine institutions and norms of constitutional democracy. This Article complements the democratic backsliding discourse by focusing on another set of... |
2018 |
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