| Author | Title | Citation | Summary | Year | Relevancy |
| David Gray |
COLLECTIVE STANDING UNDER THE FOURTH AMENDMENT |
55 American Criminal Law Review 77 (Winter, 2018) |
The Supreme Court's landmark decision in Katz v. United States changed the direction of Fourth Amendment law. There, the Court redefined searches as government actions that violate subjectively manifested expectations of privacy that society is prepared to recognize as reasonable. Although perceived as progressive at the time, this reasonable... |
2018 |
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| Clay Calvert |
COLLEGE CAMPUSES AS FIRST AMENDMENT COMBAT ZONES AND FREE-SPEECH THEATRES OF THE ABSURD: THE HIGH PRICE OF PROTECTING EXTREMIST SPEAKERS FOR SHOUTING MATCHES AND INSULTS |
16 First Amendment Law Review 454 (Spring, 2018) |
On October 19, 2017, the free-speech circus rolled into Gainesville, Florida. The contentious crowd--Richard Spencer and a cadre of alt-right white nationalists --brought their traveling spectacle to a public university for the first time since deadly violence erupted in Charlottesville, Virginia--home to the University of Virginia--about two... |
2018 |
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| Beverly Daniel Tatum, Ph.D. |
COMMUNITY OR CHAOS? DIALOGUE AS TWENTY-FIRST CENTURY ACTIVISM |
49 University of Memphis Law Review 285 (Fall, 2018) |
I. Introduction. 286 II. Fifty Years Later: Our Current Context. 286 A. Current Voting Patterns, Political Rhetoric, and Economic Disparity. 287 B. The Aftermath of Progress. 289 1. Do Black Lives Matter?. 289 2. Changes in the American Demographic. 291 3. Current School Segregation. 292 4. Current Context Through the Words of Dr. King. 294 III.... |
2018 |
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| Melia Thompson-Dudiak |
COMPARISON: IMPROVING HOW THE LEGACIES OF STATE-SPONSORED SEGREGATION IN THE UNITED STATES AND SOUTH AFRICA AFFECT EQUITY AND INCLUSION IN AMERICAN AND SOUTH AFRICAN HIGHER EDUCATION SYSTEMS |
49 California Western International Law Journal 163 (Fall, 2018) |
C1-2Table of Contents Introduction. 164 I. The Historical Inequities Stemming From State-Sponsored Segregation in Education. 167 A. Reviewing the Historical Factors Leading to the Contemporary Statuses of Black Americans in Higher Education. 167 B. Reviewing the Historical Factors Leading to the Contemporary Statuses of Black South Africans in... |
2018 |
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| Erica Goldberg |
COMPETING FREE SPEECH VALUES IN AN AGE OF PROTEST |
39 Cardozo Law Review 2163 (August, 2018) |
This Article endeavors to catalog and resolve cases involving competing free speech values, and then applies its solutions to violent and disruptive protests. Almost every First Amendment case can be framed as implicating free speech values on both sides of the First Amendment equation. Government action directly abridges speech, but government... |
2018 |
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| Rachel Smith |
CONDEMNED TO REPEAT HISTORY? WHY THE LAST MOVEMENT FOR BAIL REFORM FAILED, AND HOW THIS ONE CAN SUCCEED |
25 Georgetown Journal on Poverty Law and Policy 451 (Spring, 2018) |
I. Introduction. 451 II. The First Bail-Reform Movement. 454 A. The Anatomy and Achievements of the 1960s Bail-Reform Movement. 454 B. Why the First Bail-Reform Movement Ultimately Failed. 456 III. The Modern Bail-Reform Movement. 458 A. Anatomy of the Modern Bail-Reform Movement. 459 1. The Role of Journalists. 460 2. The Role of Activists. 460 3.... |
2018 |
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| Anne Norton |
CONFRONTING THE CHAOS OF THE NEW: DEMOCRACY, DIFFERENCE, AND DARING |
16 Georgetown Journal of Law & Public Policy 779 (Special Issue 2018) |
Diversity is often thought to demand the softer practices and virtues: empathy, forbearance, patience, and tolerance. The proper ethic for diversity is an ethic of courage. That ethic is allied to practices of daring, judgment and friendship that are necessary to the practice of democracy. Democracies attract people of all kinds, with varying... |
2018 |
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| Keegan Stephan |
CONSPIRACY: CONTEMPORARY GANG POLICING AND PROSECUTIONS |
40 Cardozo Law Review 991 (December, 2018) |
Surely gang members cannot be decreed to be outlaws, subject to the merest whim of the police as the rest of us are not. C1-2Table of Contents Introduction. 992 I. Background: Gang Policing and the Law. 998 A. Gang Policing Before Morales. 998 B. Vagueness Doctrine. 1000 C. Morales. 1003 D. The Application of Morales. 1006 E. Vagueness Doctrine... |
2018 |
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| Stephanie H. Barclay , Mark L. Rienzi |
CONSTITUTIONAL ANOMALIES OR AS-APPLIED CHALLENGES? A DEFENSE OF RELIGIOUS EXEMPTIONS |
59 Boston College Law Review 1595 (May, 2018) |
Introduction. 1597 I. The Criticism of Religious Exemptions as Anomalous and Dangerous. 1600 A. Smith and Initial Backlash. 1600 B. Smith's Academic Resurgence. 1603 II. Religious Exemptions Understood as As-Applied Challenges. 1608 A. As-Applied Challenges Such as Religious Exemptions Are the Preferred Mode of Constitutional Adjudication. 1609 B.... |
2018 |
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| Darryl K. Brown |
CRIMINAL ENFORCEMENT REDUNDANCY: OVERSIGHT OF DECISIONS NOT TO PROSECUTE |
103 Minnesota Law Review 843 (December, 2018) |
L1-2Introduction . L3844 I. Underenforcement and Reasons Not to Prosecute. 852 A. Sources of Unjustified Noncharging Decisions. 852 1. Underenforcement Against Corruption. 854 2. Underenforcement Against Sexual Assault. 855 3. Underenforcement Against Police Excessive Uses of Force. 856 4. Other Underenforcement Contexts. 857 B. Other Contributions... |
2018 |
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| Deborah Tuerkheimer |
CRIMINAL JUSTICE AND THE MATTERING OF LIVES |
116 Michigan Law Review 1145 (April, 2018) |
Locking Up Our Own: Crime and Punishment in Black America. By James Forman Jr. New York: Farrar, Straus, and Giroux. 2017. P. 239. $27. These are confusing times for criminal justice reformers. Although opposition to mass incarceration runs deep and wide, the conventional wisdom advances solutions that are woefully inadequate. The state-by-state... |
2018 |
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CRIMINAL LAW--BAIL REFORM--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT JUDGES MUST ISSUE FINDINGS OF FACT WHEN SETTING UNAFFORDABLE BAIL FOR INDIGENT DEFENDANTS.--BRANGAN v. COMMONWEALTH, 80 N.E.3D 949 (MASS. 2017) |
131 Harvard Law Review 1497 (March, 2018) |
In our criminal legal system, innocent until proven guilty does not likewise mean free until proven guilty. Judges exercise significant discretion over whether defendants charged with crimes will be detained while awaiting trial. If judges decide against pretrial detention, they can impose money bail as a way to ensure defendants have a vested... |
2018 |
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| I. Bennett Capers |
CRIMINAL PROCEDURE AND THE GOOD CITIZEN |
118 Columbia Law Review 653 (March, 2018) |
There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon. Embedded in the Supreme Court's criminal procedure jurisprudence--at times hidden in plain sight, at other times hidden below the surface--are asides about what it means to be a good citizen. The good citizen, for example,... |
2018 |
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| Bennett Capers |
CRIMINAL PROCEDURE, THE POLICE, AND THE WIRE AS DISSENT |
2018 University of Chicago Legal Forum 65 (2018) |
The Wire is rich with metaphors. There is the physical wire in the opening credits, a metaphor for surveillance more generally. There is the metaphor of the wire in the sense of a modern tightrope--another filmic work, Man on a Wire, comes to mind--where any minute one can lose one's balance. There is even the metaphor of the wire in the sense that... |
2018 |
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| Anjali Vats , Deidré A. Keller |
CRITICAL RACE IP |
36 Cardozo Arts and Entertainment Law Journal 735 (2018) |
ABSTRACT. 736 Introduction. 737 I. Why Critical Race IP. 743 A. The Rise of the Intellectual Property Economy. 746 B. From CLS to Critical IP. 752 II. Locating Critical Race IP. 755 A. What is the Race in Critical Race IP?. 759 B. What is the IP in Critical Race IP?. 762 C. (Un)bounding Critical Race IP. 764 1. Storytelling as Critical Race IP... |
2018 |
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| Ann C. Hodges, Justin Pugh |
CROSSING THE THIN BLUE LINE: PROTECTING LAW ENFORCEMENT OFFICERS WHO BLOW THE WHISTLE |
52 U.C. Davis Law Review Online 1 (June, 2018) |
Law enforcement makes headline news for shootings of unarmed civilians, departmental corruption, and abuse of suspects and witnesses. Also well-documented is the code of silence, the thin blue line, which discourages officers from reporting improper and unlawful conduct by fellow officers. Accordingly, accountability is challenging and mistrust of... |
2018 |
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| Jason M. Shepard , Kathleen B. Culver |
CULTURE WARS ON CAMPUS: ACADEMIC FREEDOM, THE FIRST AMENDMENT, AND PARTISAN OUTRAGE IN POLARIZED TIMES |
55 San Diego Law Review 87 (Winter, 2018) |
C1-2Table of Contents I. Introduction. 88 II. Classrooms Going Viral: A New Phenomenon. 92 A. OCC Case: From the Classroom to National News. 92 B. New Technologies and Unintended Consequences. 96 C. The Conservative Media's Outrage Machine. 100 III. Academic Freedom Law. 106 A. OCC Case: Legal Issues Presented. 106 B. Campus Polarization Over... |
2018 |
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| JP Perry |
DEFAMATION AND THE FIRST AMENDMENT: PROTECTING FREE SPEECH WHILE PROMOTING ACCOUNTABILITY UNDER TRUMP |
21 CUNY Law Review 259 (Fall, 2018) |
Introduction. 259 I. Background. 264 A. Constitutional Limitations on Defamation Law in the United States. 265 1. New York Times Company v. Sullivan: Articulating the Public Figure Actual Malice Standard. 265 2. Gertz v. Robert Welch, Inc.: Defining the General Purpose and Limited Purpose Public Figure. 268 3. Common Law Defamation Today: Libel... |
2018 |
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| Allison M. Cunneen |
DEMANDING DUE PROCESS: TIME TO AMEND 8 U.S.C. § 1226(C) AND LIMIT INDEFINITE DETENTION OF CRIMINAL IMMIGRANTS |
83 Brooklyn Law Review 1497 (Summer, 2018) |
Alejandro Rodriguez came to the United States from Mexico with his family when he was an infant. Rodriguez became a lawful permanent resident (LPR) at age nine and has lived in the United States continuously since he first arrived. His family, including his parents, siblings, and three children, also live in the United States either as citizens or... |
2018 |
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| Mary D. Fan |
DEMOCRATIZING PROOF: POOLING PUBLIC AND POLICE BODY-CAMERA VIDEOS |
96 North Carolina Law Review 1639 (June, 2018) |
There are two cultural revolutions in recording the police. From the vantage of police departments, there is the rapidly spreading uptake of police-worn body cameras. On the public side, community members are increasingly using their cell phone cameras to record the police. Together, these dual recording revolutions are generating important new... |
2018 |
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| Barbara Bezdek |
DIGGING INTO DEMOCRACY: REFLECTIONS ON CED AND SOCIAL CHANGE LAWYERING AFTER #OWS |
77 Maryland Law Review Endnotes 16 (February 1, 2018) |
Imagine your city free of poverty, racism, violence. Now consider, how does the law you teach or practice bring that vision closer to reality? I ask myself this question, in response to a key flexion point in Professor Haber's article, CED After #OWS, which urges Community Economic Development (CED) lawyers to assess how tame the social justice... |
2018 |
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| Tyler Quinn Yeargain |
DISCRETION versus SUPERSESSION: CALIBRATING THE POWER BALANCE BETWEEN LOCAL PROSECUTORS AND STATE OFFICIALS |
68 Emory Law Journal 95 (2018) |
Driven by shifts in public opinion, reform-minded prosecutors recently have unseated tough-on-crime incumbent prosecutors in local elections all across the United States. As these reformers institute more liberal prosecution policies, the tough-on-crime legal establishment in their states will be tempted to rely on laws allowing state officials... |
2018 |
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| Jason McCloskey |
DISCRIMINATORYBNB: A DISCUSSION OF AIRBNB'S RACE PROBLEM, ITS NEW ANTI-DISCRIMINATION POLICIES, AND THE NEED FOR EXTERNAL REGULATION |
57 Washington University Journal of Law & Policy 203 (2018) |
Early in 2017, Airbnb capitalized on President Trump's much contested executive order instituting a travel ban from specific Muslim nations with an advertisement during Super Bowl LI entitled #WeAccept. Though some noticed the advertisement's implicit irony, given Airbnb's struggles with discrimination, it is important that the millions of other... |
2018 |
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| Erin A. Penrod |
DISENFRANCHISEMENT 2.0: RECENT VOTER ID LAWS AND THE IMPLICATIONS THEREOF |
14 University of Saint Thomas Law Journal 207 (Spring, 2018) |
Black lives don't matter and neither do[ ] your votes--graffiti found in Durham, North Carolina on November 9, 2016, the day after Donald Trump was elected as the 45th President of the United States. Disguised as a necessary measure to protect the integrity of elections and to avoid voter fraud, the latest form of voter suppression is requiring a... |
2018 |
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| Carol Goforth |
DIVERSITY IN LAW SCHOOL FACULTY HIRING: WHY IT IS A MISTAKE TO MAKE IT ALL ABOUT RACE |
56 University of Louisville Law Review 237 (2018) |
It is depressing to realize that we continue to live in a society where people are too often judged by the color of their skin rather than the content of their character. Despite widespread acknowledgment by most citizens that race alone is not an appropriate basis on which to judge individuals, progress in achieving a society where race, in and of... |
2018 |
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| Dr. Julian Vasquez Heilig , Dr. Steven Nelson , Matt Kronzer |
DOES THE AFRICAN AMERICAN NEED SEPARATE CHARTER SCHOOLS? |
36 Law & Inequality: A Journal of Theory and Practice 247 (Summer, 2018) |
In Does the Negro Need Separate Schools?, W.E. Burghardt Du Bois asked if separate schools and institutions [were] needed for the proper education of African Americans. The existing system of public education in the United States includes some places that are excelling and some that are struggling. Overall, the United States performs in the... |
2018 |
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| Craig Ettinger |
DOES THE HISTORY BEHIND THE ADOPTION OF THE FOURTH AMENDMENT DEMAND ABOLISHING THE THIRD-PARTY DOCTRINE? |
29 George Mason University Civil Rights Law Journal 1 (Fall, 2018) |
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Fourth... |
2018 |
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| Sabrina G. Singer |
EMBRACING FEDERALISM IN SPECIAL PROSECUTION MODELS: AN ANALYSIS OF EXPERIMENTATION IN THE STATES |
51 Columbia Journal of Law and Social Problems 431 (Spring, 2018) |
The main project of this Note is to use the example of police officer-involved deaths of unarmed civilians to craft and apply different special prosecution models. In Part II, this Note starts from the proposition that a special prosecutor should supersede the local prosecutor to investigate and prosecute certain cases, such as the police-involved... |
2018 |
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| Valeria Vegh Weis |
EMERGENCIES BLIND REASON: WHEN "FAST ON CRIME" UNDERMINES "SMART ON CRIME" |
57 Washburn Law Journal 337 (Spring, 2018) |
Throughout the first year since Donald Trump's election, a key element of his mandate has been calling for emergencies threatening the core values of the nation. The purpose of the article is to analyze Trump's emergency-based approach to criminal problems, its potentially negative effects in terms of encouraging ill and warlike criminal... |
2018 |
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| Bill Piat |
ENTRADA: SLAVERY, RELIGION AND RECONCILIATION |
13 Intercultural Human Rights Law Review 1 (2018) |
Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the peaceful re-conquest of the Indigenous people by the Spanish colonizers. Controversy has... |
2018 |
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