| Author | Title | Citation | Summary | Year | Relevancy |
| Theresa Zhen, Vinuta Naik |
A CLEAN SLATE CASE STUDY OF COMMUNITY LAWYERING |
106 California Law Review 557 (April, 2018) |
Between 1990 and 2005, a new prison opened in the United States every ten days. Prison growth and the resulting prison-industrial complex--the business interests that capitalize on prison construction--made imprisonment so profitable that millions of dollars were spent lobbying state legislators to keep expanding the use of incarceration to... |
2018 |
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| Jenny B. Davis |
A GREAT RESPONSIBILITY |
104-NOV ABA Journal 12 (November, 2018) |
RAMSEY CLARK'S career defies categorization. Those who came of age in the 1960s know Ramsey Clark for his leadership in the Department of Justice, where he worked with President John F. Kennedy and Attorney General Robert Kennedy and became attorney general under President Lyndon B. Johnson. A key player in the civil rights movement, the... |
2018 |
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| Magda Boutros |
A MULTIDIMENSIONAL VIEW OF LEGAL CYNICISM: PERCEPTIONS OF THE POLICE AMONG ANTI-HARASSMENT TEAMS IN EGYPT |
52 Law and Society Review 368 (June, 2018) |
In Egypt in 2012, several anti-harassment groups were established to respond to an increase in sexual violence in public spaces and to the failure of the state to tackle the issue. Anti-harassment groups organized patrol-type intervention teams that operated during demonstrations or public celebrations to stop sexual assaults. This article examines... |
2018 |
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| Susan D. Carle , Scott L. Cummings |
A REFLECTION ON THE ETHICS OF MOVEMENT LAWYERING |
31 Georgetown Journal of Legal Ethics 447 (Summer, 2018) |
This essay takes a new look at legal ethics issues salient to movement lawyers who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement... |
2018 |
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| Katherine A. Macfarlane |
ACCELERATED CIVIL RIGHTS SETTLEMENTS IN THE SHADOW OF SECTION 1983 |
2018 Utah Law Review 639 (2018) |
The families of Eric Garner, Laquan McDonald, Freddie Gray, and Walter Scott have obtained multimillion dollar settlements from the cities in which their family members lost their lives. This Article identifies and labels these settlements as a legal response unique to high-profile police-involved deaths: accelerated civil rights settlement. It... |
2018 |
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| Ellen E. Deason , Michael Z. Green , Donna Shestowsky , Rory Van Loo , Ellen Waldman |
ADR AND ACCESS TO JUSTICE: CURRENT PERSPECTIVES |
33 Ohio State Journal on Dispute Resolution 303 (2018) |
Ellen Deason: Welcome to the 2018 AALS Annual Meeting Alternative Dispute Resolution Section program. We thank the Litigation Section for their co-sponsorship of this presentation. I will introduce the panelists by name and school and then they will each provide a more substantive introduction in a minute. At the far end is Michael Green from Texas... |
2018 |
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| Beth Shane |
AFTER "KNOWING EXPOSURE": FIRST AND FOURTH AMENDMENT DIMENSIONS OF DRONE REGULATION |
73 New York University Annual Survey of American Law 323 (2018) |
C1-3TABLE OF CONTENTS I. Introduction. 324 II. First Amendment Rights in the National Airspace System. 329 A. Background on the Drone Rule and Newsgathering by Drones. 331 B. The First Amendment Right to Record. 333 C. Preserving the Fourth Amendment by Protecting the First. 336 D. Forum Analysis of the National Airspace System. 338 E. Alternative... |
2018 |
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| Ashley E. Russo |
AN ANALYSIS OF THE FIRST AMENDMENT THROUGH THE LENS OF SOCIAL MOVEMENTS: HOW APPLE'S LATEST IPHONE PATENT CAN CHANGE THE WAY WE RISE |
18 Journal of High Technology Law 331 (2018) |
Every day, all across the world, billions of people use their iPhone as a vital source for communicating, gathering information, listening to music, and capturing photos and videos. With the swipe of a finger or the touch of a button, billions of people worldwide have the technology in the palm of their hands to capture any moment that they... |
2018 |
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| Becky Monroe |
AN ATTACK ON AMERICA'S PEACEMAKERS IS AN ATTACK ON ALL OF US: ON THE IMPORTANCE OF EMBRACING THE POWER OF COMMUNITIES AND REJECTING THE TRUMP ADMINISTRATION'S ATTEMPT TO ELIMINATE THE COMMUNITY RELATIONS SERVICE |
37 Yale Law and Policy Review 299 (Fall, 2018) |
As images of neo-Nazis marching through our streets fill our screens, and reports of a growing number of hate crimes sweep the country, how can the Community Relations Service (CRS), a small component of the U.S. Department of Justice created by the Civil Rights Act of 1964, help preserve democracy? What is at stake when the Trump Administration... |
2018 |
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Around the Nation |
45 School Law Bulletin 4 (February 10, 2018) |
In March 2017, Kenda Miller, a former principal, had her principals teaching certificate suspended by the Oklahoma State Board of Education (OSBE) after failing to report claims of alleged molestation. Miller appealed this decision to the Oklahoma Court of Civil Appeals, and her appeal was denied. The court upheld the OSBEs suspension, showing... |
2018 |
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Around the Nation |
20 Student Discipline Law Bulletin 5 (February 1, 2018) |
San Jose school police officers got notice recently that their job is not to serve as school disciplinarians. A memo from the police department informed campus police officers that their job is to ensure safety, not to discipline students. School police are encouraged to find solutions to problems like truancy by working with educators, but they... |
2018 |
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| Cindy Cohn |
BAD FACTS MAKE BAD LAW: HOW PLATFORM CENSORSHIP HAS FAILED SO FAR AND HOW TO ENSURE THAT THE RESPONSE TO NEO-NAZIS DOESN'T MAKE IT WORSE |
2 Georgetown Law Technology Review 432 (Spring, 2018) |
From Cloudflare's headline-making takedown of the Daily Stormer to YouTube's summer restrictions on LGBTQ content, 2017 was a banner year for platform censorship. Companies--under pressure from lawmakers, shareholders, the press, and some members of the public--ramped up restrictions on speech by adding new rules, adjusting their still-hidden... |
2018 |
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| Stacy L. Hawkins |
BATSON FOR JUDGES, POLICE OFFICERS & TEACHERS: LESSONS IN DEMOCRACY FROM THE JURY BOX |
23 Michigan Journal of Race and Law 1 (2017-2018) |
In our representative democracy we guarantee equal participation for all, but we fall short of this promise in so many domains of our civic life. From the schoolhouse, to the jailhouse, to the courthouse, racial minorities are underrepresented among key public decision-makers, such as judges, police officers, and teachers. This gap between our... |
2018 |
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Battle over Trump court pick to be most expensive ever |
(June 29, 2018) |
The fight to replace retiring Justice Anthony Kennedy is expected to be the most expensive Supreme Court confirmation battle in history. |
2018 |
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| Charles W. McKinney, Jr. |
BEYOND DREAMS AND MOUNTAINS: MARTIN KING'S CHALLENGE TO THE ARC OF HISTORY |
49 University of Memphis Law Review 263 (Fall, 2018) |
I. Introduction: The Master Narrative of the Civil Rights Movement. 263 II. Dr. King's Renowned Influence on the Movement. 267 A. The Celebrated and Well-Known Message. 267 B. A King's Memorial and Perception. 269 C. Heeding Dr. King's Message. 272 III. The Forgotten Narrative of Today's Struggles. 272 A. Activists in an Ongoing Battle. 273 B.... |
2018 |
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| Emmanuel Mauleón |
BLACK TWICE: POLICING BLACK MUSLIM IDENTITIES |
65 UCLA Law Review 1326 (June, 2018) |
In a political moment that includes various iterations of a Muslim Ban, and a resurgent mainstreaming of white nationalism, race and religion clearly remain hotly contested in American life. And yet, in much of the recent scholarship and public debate on these issues, the intersecting experiences of Black Muslims are often elided, if not entirely... |
2018 |
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BLOG TRACKER-NOTEWORTHY BLOG POSTS AND OTHER COMMENTARY |
2018 Wolters Kluwer Intellectual Property Law Daily 773847 (February 8, 2018) |
The week's most insightful, intriguing, or entertaining blog posts regarding intellectual property issues: Giga Law, Bitcoin Domain Names Become Popular And Attract Disputes, by Doug Isenberg IPWatchdog, Letter to President Trump on China IP Probe is Latest Sign of Conservative Support for Private IP Rights, by Steve Brachmann Kluwer Patent... |
2018 |
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Boston police monitored social media for years without City Council knowing |
(February 13, 2018) |
The Boston Police Department used social media surveillance software to scan citizens' social media accounts for criminal or terrorist activity from 2014 through 2016 without alerting the City Council, a civil liberties group says. |
2018 |
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| Christine C. Washington |
BRAND NAMES . MATTER! THE FIRST AMENDMENT TRUMPS TRADEMARK LAW AS OFFENSIVE BRANDS ARE DEEMED FREE SPEECH AMIDST BACKDROP OF HATE AND CULTURAL BRAND MARGINALIZATION |
23-APR NBA National Bar Association Magazine 20 (April, 2018) |
Ev'rybody shout this trademark, ev'rybody sing this tune: a watermelon, razor, a chicken and a coon! From The Coon's Trademark composed by Tom Logan and performed by Bert Williams & George Walker, pictured below circa 1898. Intellectual property (IP) is usually viewed as an objective body of established, albeit evolving, law. As a general rule,... |
2018 |
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| Michael Vitiello |
BROCK TURNER: SORTING THROUGH THE NOISE |
49 University of the Pacific Law Review 631 (2018) |
C1-2Table of Contents Part I. The Media's Role. 634 A. Six Months for Rape?. 634 B. Okay, But Sixth Months for Sexual Assault?. 638 C. But Vitiello, You are Cherry-Picking the Facts. 643 D. But Judge Persky Showed Bias, Racial or Otherwise. 646 Part II: Taking the Wrong Path Towards Recall. 649 A. Existing Checks on Judicial Misconduct. 650 B.... |
2018 |
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| Jonathan G. Finck |
CAN NFL PLAYERS BE PUNISHED FOR KNEELING? AN ANALYSIS OF THE BANTER SURROUNDING THE STAR-SPANGLED BANNER |
21 University of Denver Sports and Entertainment Law Journal 125 (Spring, 2018) |
This article explores the different punishments frequently used by the NFL to determine whether they can legally be applied to players who kneel during the anthem. Additionally, this article analyzes how the NFL's 2020 collective bargaining agreement can change to narrow its broad power while still allowing the league to punish reprehensible acts.... |
2018 |
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| Ronald F. Wright , Kay L. Levine |
CAREER MOTIVATIONS OF STATE PROSECUTORS |
86 George Washington Law Review 1667 (November, 2018) |
Because state prosecutors in the United States typically work in local offices, reformers often surmise that greater coordination within and among those offices will promote sound prosecution practices across the board. Real transformation, however, requires commitment not only from elected chief prosecutors but also from line prosecutors--the... |
2018 |
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| Meena Jagannath , Sameer Ashar |
CASE STUDY 1: MOVEMENT GROUPS WITH FLAT, INNOVATIVE GOVERNANCE STRUCTURES |
47 Hofstra Law Review 19 (Fall, 2018) |
Black Lives Matter, Occupy Wall Street, the global justice/anti-globalization movement, the radical environmental movement of the 1990s, and other organizations have moved away from traditional hierarchical models of leadership within their movements in favor of more horizontal, leader-full structures or network models. More horizontal or network... |
2018 |
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| Scott Mair |
Challenging Infanticide: Why Section 233 of Canada's Criminal Code Is Unconstitutional |
41 Manitoba Law Journal 241 (2018) |
In the early twentieth century, Canadian juries were reluctant to convict mothers who had murdered their newly born children (children who are under one year of age) and would acquit them despite their obvious guilt. In 1948, Parliament tried to remedy this by adding s. 233 to the Canadian Criminal Code, creating the offence of infanticide. With a... |
2018 |
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| Will Stancil |
CHARTER SCHOOLS AND SCHOOL DESEGREGATION LAW |
44 Mitchell Hamline Law Review 455 (2018) |
I. Introduction. 455 II. An Overview of Charter Schools. 459 A. Charter School Segregation. 465 B. Segregative Charters. 469 C. Racial Targeting in Charters. 473 D. Increasing Conflict Over Charter Racial Targeting. 481 E. Things Come to a Head in Minnesota. 484 III. The Desegregation Cases. 489 A. The Early Cases. 490 1. Green (1968). 491 2. Swann... |
2018 |
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| Julian R. Murphy |
CHILLING: THE CONSTITUTIONAL IMPLICATIONS OF BODY-WORN CAMERAS AND FACIAL RECOGNITION TECHNOLOGY AT PUBLIC PROTESTS |
75 Washington and Lee Law Review Online 1 (August 30, 2018) |
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these... |
2018 |
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| Arthur S. Leonard |
CIVIL LITIGATION NOTES |
2018 LGBT Law Notes 450 (September, 2018) |
U.S. COURT OF APPEALS, 10TH CIRCUIT - On September 1, 2017, Chief U.S. District Judge Marcia S. Krieger (D. Colo.), denied plaintiffs' motion for preliminary injunction and summary judgment in 303 Creative LLC v. Elenis, 2017 WL 4331065, declining to declare that the Colorado Human Rights Commission should not interfere with the plaintiffs'... |
2018 |
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| Katlyn E. DeBoer |
CLASH OF THE FIRST AND SECOND AMENDMENTS: PROPOSED REGULATION OF ARMED PROTESTS |
45 Hastings Constitutional Law Quarterly 333 (Winter, 2018) |
A man with a bandana over his face and a long AR-15 rifle in hand gathered with approximately a dozen other people outside of the Islamic Center of Irving, Texas, to protest the Islamization of America on November 21, 2015. Next to him, another man dressed in black held his tactical shotgun close and mocked Arabic music as afternoon prayers... |
2018 |
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| David L. Hudson Jr. |
CLASS DISMISSED |
104-OCT ABA Journal 18 (October, 2018) |
Teresa Buchanan, by most accounts, was a rising academic star at Louisiana State University. She began teaching there in 1995, was promoted to associate professor with tenure in 2001, and recommended for a full professorship in 2013. However, her fortunes changed after a public school superintendent and several of Buchanan's students had complained... |
2018 |
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| Susan Ayres |
CLAUDIA RANKINE'S CITIZEN: DOCUMENTING AND PROTESTING AMERICA'S HALTING MARCH TOWARD RACIAL JUSTICE AND EQUALITY |
9 Alabama Civil Rights & Civil Liberties Law Review 213 (2018) |
Introduction. 214 I. Citizen as Protest Poetry in a Documentary and Epideictic Mode. 219 A. Documentary Poetry. 222 B. Epideictic Discourse--Does Poetry Matter?. 225 II. Racism and the Racial Imaginary: Microaggressions and Major Moments. 228 A. The Racial Imaginary. 229 B. Examples of Racism in Citizen--Call Out Racism When You See It. 237... |
2018 |
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