| Author | Title | Citation | Summary | Year | Relevancy |
| Aya Gruber |
EQUAL PROTECTION UNDER THE CARCERAL STATE |
112 Northwestern University Law Review 1337 (2018) |
Abstract--McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan's phrase, a fear of too much justice. The popular interpretation of this phrase is that the Supreme Court harbored what I call a disparity-claim fear, dreading a future... |
2018 |
|
| Susan D. Carle |
ETHICS AND THE HISTORY OF SOCIAL MOVEMENT LAWYERING |
2018 Wisconsin Law Review Forward 12 (2018) |
Introduction. 12 I. Old Canon Lawyering. 13 II. New Canon Lawyering. 20 Conclusion. 25 |
2018 |
|
| Bennett Capers |
EVIDENCE WITHOUT RULES |
94 Notre Dame Law Review 867 (December, 2018) |
Much of what we tell ourselves about the Rules of Evidence--that they serve as an all-seeing gatekeeper, checking evidence for relevance and trustworthiness, screening it for unfair prejudice--is simply wrong. In courtrooms every day, fact finders rely on evidence--for example, a style of dress, the presence of family members in the gallery, and... |
2018 |
|
| Katelyn Rowe |
EXAMINING THE VALUE-ADD OF NON-ADVERSARIAL PROCESSES IN THE IMMEDIATE AFTERMATH OF POLICE SHOOTINGS |
27 Boston University Public Interest Law Journal 133 (Winter, 2018) |
I. Introduction. 134 II. Criticisms of Adversarial Processes. 136 III. The Potential Value-Add of Non-Adversarial Processes. 139 A. Community Policing as a Non-Adversarial Process. 141 B. Procedural Justice as a Non-Adversarial Process. 143 C. Building Police-Community Partnerships as a Non-Adversarial Process. 145 D. Current Lack of Literature on... |
2018 |
|
| Gemma Donofrio |
EXPLORING THE ROLE OF LAWYERS IN SUPPORTING THE REPRODUCTIVE JUSTICE MOVEMENT |
42 New York University Review of Law and Social Change 221 (2018) |
Reproductive freedoms have been under attack in the United States for centuries. The ability to decide whether to have children, and the capacity to adequately provide for those children, has been severely constrained in law and in practice, particularly for women of color, low-income women, and queer individuals. The reproductive rights movement... |
2018 |
|
| Danielle Keats Citron |
EXTREMIST SPEECH, COMPELLED CONFORMITY, AND CENSORSHIP CREEP |
93 Notre Dame Law Review 1035 (January, 2018) |
Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, the dominant tech companies have pledged to respond to reports of hate speech within... |
2018 |
|
| |
False Arrest |
35 Law Enforcement Employment Bulletin 3 (June 1, 2018) |
Citation: Pinto v. City of New York, 2018 WL 1468348 (2d Cir. 2018) The Second U.S. Circuit has jurisdiction over Connecticut, New York, and Vermont. Officer Joseph Diaz observed Carlene Pinto, who was participating in a Black Lives Matter demonstration at New Yorks Union Square along with 200 to 500 others, standing or walking into the street... |
2018 |
|
| Chase T. Karpus |
FIFTEEN MINUTES OF SHAME: SOCIAL MEDIA AND 21ST CENTURY ENVIRONMENTAL ACTIVISM |
29 Villanova Environmental Law Journal 101 (2018) |
As we progress through the vast technological advances that have allowed us as a people to become more interconnected than ever, one thing has become abundantly clear: social media is here to stay. Statista, a data collection company, revealed that the number of worldwide social media users has grown from 970 million users in 2010 to 2.28 billion... |
2018 |
|
| AbK. Wood , Ann M. Ravel |
FOOL ME ONCE: REGULATING "FAKE NEWS" AND OTHER ONLINE ADVERTISING |
91 Southern California Law Review 1223 (September, 2018) |
A lack of transparency for online political advertising has long been a problem in American political campaigns. Disinformation attacks that American voters have experienced since the 2016 campaign have made the need for regulatory action more pressing. Internet platforms prefer self-regulation and have only recently come around to supporting... |
2018 |
|
| Sonja Arndt, Editor-in-Chief, Volume 29 |
FOREWORD |
29 Hastings Women's Law Journal 149 (Summer, 2018) |
No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens. - Michelle Obama Hastings Women's Law Journal (HWLJ) is committed to providing a platform for underrepresented communities to be heard within the legal field. From shining light on women who are shackled... |
2018 |
|
| Farah Peterson |
FOREWORD |
104 Virginia Law Review Online 1 (January, 2018) |
On August 11 and 12, 2017, neo-Nazis and Klansmen came to Charlottesville to hold a rally meant to assert themselves as a force in American society. That event, and the President's reaction to it, raised the disturbing possibility that for the first time in more than fifty years, white supremacy could be a matter of debate at the highest levels of... |
2018 |
|
| Jennifer Gerarda Brown |
FOUR QUESTIONS ABOUT FREE SPEECH AND CAMPUS CONFLICT |
2018 Journal of Dispute Resolution 45 (Spring, 2018) |
As I ponder the issues raised by free speech conflicts on university campuses and the difficult balance that must be achieved between the preservation of a respectful learning community and free and open discourse (especially when that discourse includes ideas that are racist, sexist, homophobic, Islamophobic, anti-Semitic, or otherwise hateful), I... |
2018 |
|
| Rebecca Laitman |
FOURTH AMENDMENT FLAGRANCY: WHAT IT IS, AND WHAT IT IS NOT |
45 Fordham Urban Law Journal 799 (April, 2018) |
Introduction. 800 I. A Failure to Define Flagrancy. 802 A. Exclusionary Rule Jurisprudence. 803 1. Culpability Limitation: Good Faith. 804 2. Causation Limitation: Independent Source. 806 3. Causation Limitation: Inevitable Discovery. 807 4. Causation Limitation: Attenuation. 808 B. A Prelude to Strieff: The Problems Caused by the Herring Opinion.... |
2018 |
|
| Lisa P. Ramsey |
FREE SPEECH CHALLENGES TO TRADEMARK LAW AFTER MATAL v. TAM |
56 Houston Law Review 401 (Symposium, 2018) |
Trademark laws and free speech are on a collision course. In Matal v. Tam, the U.S. Supreme Court clarified that trademark laws are speech regulations subject to First Amendment scrutiny when it held that the federal trademark law denying registration to potentially disparaging marks was unconstitutional. Tam opens the door to wide-ranging free... |
2018 |
|
| Elisabeth E. Constantino |
FREE SPEECH, PUBLIC SAFETY, & CONTROVERSIAL SPEAKERS: BALANCING UNIVERSITIES' DUAL ROLES AFTER CHARLOTTESVILLE |
92 Saint John's Law Review 637 (Fall, 2018) |
On a humid night in August, 2017, self-proclaimed members of the alt-right gathered in Emancipation Park in Charlottesville, Virginia. Invoking Nazi imagery through clothing and chants, protestors entered the University of Virginia campus. Wielding weapons, marchers pelted protestors with water bottles, chemicals, tear gas, rocks, and hurled... |
2018 |
|
| Arielle W. Tolman, David M. Shapiro |
FROM CITY COUNCIL TO THE STREETS: PROTESTING POLICE MISCONDUCT AFTER LOZMAN v. CITY OF RIVIERA BEACH |
13 Charleston Law Review 49 (Fall, 2018) |
In June 2018, in Lozman v. City of Riviera Beach, the Supreme Court held 8-1 that the existence of probable cause for arrest does not categorically bar a First Amendment claim for damages. At issue in the case was the City of Riviera Beach's arrest of resident Fane Lozman as he spoke against public corruption during a city council meeting. In this... |
2018 |
|
| Christopher J. Tyson |
FROM FERGUSON TO FLINT: IN SEARCH OF AN ANTISUBORDINATION PRINCIPLE FOR LOCAL GOVERNMENT LAW |
34 Harvard Journal on Racial & Ethnic Justice 1 (Spring, 2018) |
Abstract. 1 Introduction. 2 I. The City vs. The Citizens. 7 A. Ferguson, Missouri. 7 B. Flint, Michigan. 16 II. Localism and Antisubordination. 22 III. Antisubordination in Local Government Law. 30 A. Land Use and Housing. 30 B. Metropolitan Organization. 37 C. Anti-Discrimination. 39 D. Participatory Democracy. 41 E. Federal Civil Rights. 46 IV.... |
2018 |
|
| Svana M. Calabro |
FROM THE MESSAGE BOARD TO THE FRONT DOOR: ADDRESSING THE OFFLINE CONSEQUENCES OF RACE- AND GENDER-BASED DOXXING AND SWATTING |
51 Suffolk University Law Review 55 (2018) |
If you've never been on the receiving end of a viral Internet hate mob, it's hard to convey the confluence of galloping adrenaline and roaring dread. At ten o'clock on a Sunday night, while her children were in bed, flashing police lights suddenly flooded Congresswoman Katherine Clark's home. Clark looked outside and saw police cruisers... |
2018 |
|
| William Rhee , Stephen C. Scott |
GEOGRAPHIC DISCRIMINATION: OF PLACE, SPACE, HILLBILLIES, AND HOME |
121 West Virginia Law Review 531 (Winter 2018) |
Abstract. 533 I. Introduction. 534 II. Basic Human Capabilities at Home. 538 A. The Capabilities Approach. 538 B. Central Capabilities Need Place and Space. 540 1. A Home of One's Own. 541 2. A Job of One's Own. 544 3. A School of One's Own. 545 III. Politically Incorrect Locational Prejudice. 545 A. An Intersectional or Multidimensional Concept.... |
2018 |
|
| John Bowden |
GOP lawmaker tweets out reporter's cell number over emailed question |
2018 The Hill 4183430 (September 1, 2018) |
A Republican congressman from Iowa tweeted a screenshot of an email sent by a journalist for The Associated Press on Friday that appeared to contain the journalist's cell phone number. |
2018 |
|
| Rachel Levinson-Waldman |
GOVERNMENT ACCESS TO AND MANIPULATION OF SOCIAL MEDIA: LEGAL AND POLICY CHALLENGES |
61 Howard Law Journal 523 (Spring, 2018) |
INTRODUCTION. 523 I. LAW ENFORCEMENT MONITORING OF PUBLICLY AVAILABLE SOCIAL MEDIA. 525 A. Following Individuals, Groups, or Affiliations. 526 1. Technology and Case Studies. 526 2. Constitutional and Policy Considerations. 531 a. Fourth, First, and Fourteenth Amendment. 532 B. Using an Informant, a Friend of the Target, or an Undercover Account to... |
2018 |
|
| Stephanie H. Jones |
GREATER THAN THE SUM OF ITS PARTS: THE INTEGRATION OF ENVIRONMENTAL JUSTICE ADVOCACY AND ECONOMIC POLICY ANALYSIS |
26 New York University Environmental Law Journal 402 (2018) |
Introduction. 403 I. Development of the Role of Cost-Benefit Analysis in Environmental Policymaking. 405 A. Overview of Cost-Benefit Analysis Methodology. 405 B. Development of the Role of Cost-Benefit Analysis in U.S. Regulatory Policymaking. 408 C. Development of Cost-Benefit Analysis with Respect to Environmental Policy Specifically. 410 II. The... |
2018 |
|
| Mary N. Beall |
GUTTING THE FOURTH AMENDMENT: JUDICIAL COMPLICITY IN RACIAL PROFILING AND THE REAL-LIFE IMPLICATIONS |
36 Law & Inequality: A Journal of Theory and Practice 145 (Winter, 2018) |
Thirteen years, eleven months, twenty-two days, and approximately forty-six police stops filled the time between Philando Castile's first and final traffic stop. The majority of Mr. Castile's interactions with Minnesota's law enforcement officers were initiated pursuant to minor traffic infractions and only six stop records detailed traffic... |
2018 |
|
| Katherine J. King |
HELLER AS POPULAR CONSTITUTIONALISM? THE OVERLOOKED NARRATIVE OF ARMED BLACK SELF-DEFENSE |
20 University of Pennsylvania Journal of Constitutional Law 1237 (May, 2018) |
On July 6, 2016, Diamond Lavish Reynolds live streamed a video on Facebook that was seen by millions of people in the days that followed. This video depicts the final moments of Philando Castile, Reynolds' thirty-two-year-old, black boyfriend, who had just been shot by Jeronimo Yanez, a Saint Anthony, Minnesota police officer. Viewers observe... |
2018 |
|
| Monica C. Bell |
HIDDEN LAWS OF THE TIME OF FERGUSON |
132 Harvard Law Review Forum 1 (October, 2018) |
Every society is really governed by hidden laws, by unspoken but profound assumptions on the part of the people, and ours is no exception. It is up to the American writer to find out what these laws and assumptions are. In a society much given to smashing taboos without thereby managing to be liberated from them, it will be no easy matter. --James... |
2018 |
|
| Bruce A. Kimball , Daniel R. Coquillette |
HISTORY AND HARVARD LAW SCHOOL |
87 Fordham Law Review 883 (December, 2018) |
In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an... |
2018 |
|
| Nazgol Ghandnoosh , The Sentencing Project, Washington, DC, 202-628-0871, Email nghandnoosh@sentencingproject.org, Website www.sentencingproject.org |
HOW DEFENSE ATTORNEYS CAN ELIMINATE RACIAL DISPARITIES IN CRIMINAL JUSTICE |
42-JUN Champion 36 (June, 2018) |
Why did Judge Aaron Persky not sentence Stanford University student-athlete Brock Turner to longer than six months in jail for sexually assaulting an unconscious woman? Why was Texas teenager Ethan Couch, characterized as suffering from affluenza sentenced to only probation for a drunk driving accident that killed four people? Why was Dylann... |
2018 |
|
| Jesus A. Alonso |
HOW POLICE CULTURE AFFECTS THE WAY POLICE DEPARTMENTS VIEW AND UTILIZE DEADLY FORCE POLICIES UNDER THE FOURTH AMENDMENT |
60 Arizona Law Review 987 (2018) |
Police are an important part of our criminal justice system. When people begin to lose faith and trust in the police, chaos inevitably erupts. Although we are not at a breaking point yet, recent controversies and examinations of police departments have found that there are disparities in police use-of-force strategies that allow some police... |
2018 |
|
| Ryan M. Walters |
HOW TO TELL A FAKE: FIGHTING BACK AGAINST FAKE NEWS ON THE FRONT LINES OF SOCIAL MEDIA |
23 Texas Review of Law and Politics 111 (Fall, 2018) |
In the span of a few years, fake news slithered out from the recesses of the web to ultimately become one of the greatest threats to civil political discourse. This digital menace has capitalized on the consumer shift to online news consumption--in particular, the increasing trend of news consumers migrating to social media sites. However, the... |
2018 |
|
| Engy Abdelkader |
HUMANITARIAN ISLAM |
30 Pace International Law Review 175 (Spring, 2018) |
In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the... |
2018 |
|