| Author | Title | Citation | Summary | Year | Key Terms |
| Mari J. Matsuda |
THIS IS (NOT) WHO WE ARE: KOREMATSU, CONSTITUTIONAL INTERPRETATION, AND NATIONAL IDENTITY |
128 Yale Law Journal Forum 657 (January 30, 2019) |
abstract. This Essay argues that we are at a critical moment in the project of constitutional interpretation. Our choice to expand or contract our notion of rights implicates our survival as a species, as growing wealth inequality, globalized neofascism, and climate chaos loom. Asserting the continued usefulness of legal claims, the author asks a... |
2019 |
|
| Ayesha Bell Hardaway |
TIME IS NOT ON OUR SIDE: WHY SPECIOUS CLAIMS OF COLLECTIVE BARGAINING RIGHTS SHOULD NOT BE ALLOWED TO DELAY POLICE REFORM EFFORTS |
15 Stanford Journal of Civil Rights & Civil Liberties 137 (June, 2019) |
Many view the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for engaging in a pattern or practice of policing that violates the... |
2019 |
|
| Meghan Racklin |
TITLE IX AND CRIMINAL LAW ON CAMPUS: AGAINST MANDATORY POLICE INVOLVEMENT IN CAMPUS SEXUAL ASSAULT CASES |
94 New York University Law Review 982 (October, 2019) |
This Note argues that policy proposals mandating law enforcement involvement in campus sexual assault cases are harmful to survivors of sexual assault and are inconsistent with Title IX. Title IX's gender-equality goals require schools to address sexual assault as a civil rights issue, with a focus on its impact on survivors' continued access to... |
2019 |
|
| John Zachary Blanchard, Jr., Past Chair, LSBA Insurance, Tort, Workers' Compensation and Admiralty Law Section, 90 Westerfield St., Bossier City, LA 71111 |
TORT: LIABILITY FOR DAMAGES IN CIVIL PROTESTS |
67 Louisiana Bar Journal 205 (October/November, 2019) |
Doe v. Mckesson, _ F.3d _ (5 Cir. 2019), 2019 WL 3729587. In July 2016, during the summer of our national discontent, a protest associated with Black Lives Matter took place by blocking a highway in front of the Baton Rouge Police Department headquarters. The Baton Rouge Police Department prepared by organizing a front line of officers in riot... |
2019 |
|
| Anthony J. Ghiotto |
TRAFFIC STOP FEDERALISM: PROTECTING NORTH CAROLINA BLACK DRIVERS FROM THE UNITED STATES SUPREME COURT |
48 University of Baltimore Law Review 323 (Summer, 2019) |
Black drivers face a different constitutional reality than whites the moment they step behind the wheel in North Carolina. Although black drivers represent only about twenty-two percent of the North Carolina population, thirty-two percent of all traffic stops involve black drivers. This racial disparity may raise suspicion of either implicit or... |
2019 |
|
| Justin Wise |
Twitter locks McConnell campaign account after posting video of protester shouting threats, profanities |
2019 The Hill 3716820 (August 7, 2019) |
Twitter has locked the account for Senate Majority Leader Mitch McConnell's (R-Ky.) campaign after it shared a video of a protester's profanity-laced rant outside the senator's home. |
2019 |
|
| Whitney Benns |
UNHOLY UNION: ST. LOUIS PROSECUTORS AND POLICE UNIONIZE TO MAINTAIN RACIST STATE POWER |
35 Harvard Blackletter Law Journal 39 (Spring, 2019) |
In late December 2018, St. Louis County prosecutors voted to unionize and join the St. Louis Police Officer Association (SLPOA), the infamous St. Louis City police union that represents many of the city's white police officers. This vote came on the heels of former St. Louis County Prosecuting Attorney Bob McCulloch--whose almost three-decade... |
2019 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Amna Toor |
"OUR IDENTITY IS OFTEN WHAT'S TRIGGERING SURVEILLANCE": HOW GOVERNMENT SURVEILLANCE OF #BLACKLIVESMATTER VIOLATES THE FIRST AMENDMENT FREEDOM OF ASSOCIATION |
44 Rutgers Computer and Technology Law Journal 286 (2018) |
I. INTRODUCTION: Birth of the #BlackLivesMatter Movement-- Formation of a Social Movement and a Target of Government Surveillance. 287 II. BACKGROUND: Revisiting the Past & Joining the Future - Tracing Surveillance from Slavery to COINTELPRO to the #BlackLivesMatter Movement. 294 III: Finding Association: Unraveling the First Amendment Freedom of... |
2018 |
Most Relevant |
| Raja Staggers-Hakim, PhD, MPH |
BLACK LIVES MATTER, CIVIL RIGHTS, AND HEALTH INEQUITIES |
40 Western New England Law Review 447 (2018) |
As a social justice and civil rights movement, Black Lives Matter (BLM) emerged out of state sanctioned violence against African-Americans. With police violence as the backdrop, the movement recognizes all forms of violence and oppression that unfairly target Black Americans. A Vision for Black Lives has called for the United States government to... |
2018 |
Most Relevant |
| Raja Staggers-Hakim, PhD, MPH |
BLACK LIVES MATTER, CIVIL RIGHTS, AND HEALTH INEQUITIES |
40 Western New England Law Review 447 (2018) |
As a social justice and civil rights movement, Black Lives Matter (BLM) emerged out of state sanctioned violence against African-Americans. With police violence as the backdrop, the movement recognizes all forms of violence and oppression that unfairly target Black Americans. A Vision for Black Lives has called for the United States government to... |
2018 |
Most Relevant |
| Dr. Bridgette Baldwin |
BLACK, WHITE, AND BLUE: BIAS, PROFILING, AND POLICING IN THE AGE OF BLACK LIVES MATTER |
40 Western New England Law Review 431 (2018) |
Most middle-class whites have no idea what it feels like to be subjected to police who are routinely suspicious, rude, belligerent, and brutal. Benjamin Spock On July 17, 2014, in Staten Island, New York, Eric Garner lost his life to an illegal chokehold at the hands of police officer Daniel Pantaleo. With his last words, Garner uttered the... |
2018 |
Most Relevant |
| Dr. Bridgette Baldwin |
BLACK, WHITE, AND BLUE: BIAS, PROFILING, AND POLICING IN THE AGE OF BLACK LIVES MATTER |
40 Western New England Law Review 431 (2018) |
Most middle-class whites have no idea what it feels like to be subjected to police who are routinely suspicious, rude, belligerent, and brutal. Benjamin Spock On July 17, 2014, in Staten Island, New York, Eric Garner lost his life to an illegal chokehold at the hands of police officer Daniel Pantaleo. With his last words, Garner uttered the... |
2018 |
Most Relevant |
| Twila L. Perry |
CONSCIOUS AND STRATEGIC REPRESENTATIONS OF RACE: PRINCE, MUSIC, BLACK LIVES, AND RACE SCHOLARSHIP |
27 Southern California Interdisciplinary Law Journal 549 (Spring, 2018) |
Prince has often been described in the media as an artist who transcended barriers of race, gender and music genre. However, the context of race has received much less attention than the contexts of gender and music. Although discussions of Prince in the media have seldom focused on his racial identity as an African-American, an examination of... |
2018 |
Most Relevant |
| Twila L. Perry |
CONSCIOUS AND STRATEGIC REPRESENTATIONS OF RACE: PRINCE, MUSIC, BLACK LIVES, AND RACE SCHOLARSHIP |
27 Southern California Interdisciplinary Law Journal 549 (Spring, 2018) |
Prince has often been described in the media as an artist who transcended barriers of race, gender and music genre. However, the context of race has received much less attention than the contexts of gender and music. Although discussions of Prince in the media have seldom focused on his racial identity as an African-American, an examination of... |
2018 |
Most Relevant |
| Bruce Miller |
CONSTITUTIONAL LAW--DO BLACK LIVES MATTER TO THE CONSTITUTION? |
40 Western New England Law Review 459 (2018) |
The question is, of course, a provocation. If read rhetorically, it lends itself (too) easily to equally categorical, opposing answers: of course black lives don't matter to the Constitution's infamous three-fifths clause, its protection of property interests in escaped enslaved people, and its recognition of the states' power to control... |
2018 |
Most Relevant |
| Bruce Miller |
CONSTITUTIONAL LAW--DO BLACK LIVES MATTER TO THE CONSTITUTION? |
40 Western New England Law Review 459 (2018) |
The question is, of course, a provocation. If read rhetorically, it lends itself (too) easily to equally categorical, opposing answers: of course black lives don't matter to the Constitution's infamous three-fifths clause, its protection of property interests in escaped enslaved people, and its recognition of the states' power to control... |
2018 |
Most Relevant |
| Marjorie Johnson, J.D. |
DISCRIMINATION-RACE-S.D. IND.: WHITE MANAGER FIRED AFTER CRITICAL 'BLACK LIVES MATTER' FACEBOOK POST CAN PURSUE RACE DISCRIMINATION AND REPRISAL CLAIMS |
2018 Wolters Kluwer Employment Law Daily 2015993 (May 1, 2018) |
A white bank manager who was demoted and then fired after posting a message on his Facebook feed that was critical of the Black Lives Matter movement plausibly alleged Title VII claims of race discrimination and retaliation, held a federal district court in Indiana, given his purported exemplary work performance and the fact that African-American... |
2018 |
Most Relevant |
| Marjorie Johnson, J.D. |
DISCRIMINATION-RACE-S.D. IND.: WHITE MANAGER FIRED AFTER CRITICAL 'BLACK LIVES MATTER' FACEBOOK POST CAN PURSUE RACE DISCRIMINATION AND REPRISAL CLAIMS |
2018 Wolters Kluwer Employment Law Daily 2015993 (May 1, 2018) |
A white bank manager who was demoted and then fired after posting a message on his Facebook feed that was critical of the Black Lives Matter movement plausibly alleged Title VII claims of race discrimination and retaliation, held a federal district court in Indiana, given his purported exemplary work performance and the fact that African-American... |
2018 |
Most Relevant |
| Marjorie Johnson, J.D. |
DISCRIMINATION-RACE-W.D.N.C.: EMPLOYEE CALLED 'RACIST' AFTER FACEBOOK RANT ABOUT BLACK LIVES MATTER CAN'T ADVANCE RACE, DEFAMATION CLAIMS |
2018 Wolters Kluwer Employment Law Daily 948039 (February 20, 2018) |
Coworkers' comments calling an airline employee racist following her controversial Facebook posts regarding the Black Lives Matter movement did not create an actionable hostile work environment since they were neither race-based nor sufficiently severe or pervasive. Granting the defendants' partial motion to dismiss, a federal court in North... |
2018 |
Most Relevant |
| Marjorie Johnson, J.D. |
DISCRIMINATION-RACE-W.D.N.C.: EMPLOYEE CALLED 'RACIST' AFTER FACEBOOK RANT ABOUT BLACK LIVES MATTER CAN'T ADVANCE RACE, DEFAMATION CLAIMS |
2018 Wolters Kluwer Employment Law Daily 948039 (February 20, 2018) |
Coworkers' comments calling an airline employee racist following her controversial Facebook posts regarding the Black Lives Matter movement did not create an actionable hostile work environment since they were neither race-based nor sufficiently severe or pervasive. Granting the defendants' partial motion to dismiss, a federal court in North... |
2018 |
Most Relevant |
| Harris Freeman |
FOREWORD--POLICE MISCONDUCT AND KIBBE v. CITY OF SPRINGFIELD |
40 Western New England Law Review 393 (2018) |
The Law Review's 2017 symposium, Perspectives on Racial Justice in the Era of #BlackLivesMatter, appropriately opened with a panel that addressed the ongoing challenge of combatting police misconduct, as seen through the lens of Kibbe v. City of Springfield, a civil rights case that unfolded in Western Massachusetts and reached the United States... |
2018 |
Most Relevant |
| Megan Keller |
Sessions in Chicago: If you want more shootings, listen to ACLU, Antifa, Black Lives Matter |
2018 The Hill 4491438 (September 19, 2018) |
Attorney General Jeff Sessions said Wednesday that groups like the American Civil Liberties Union, Antifa and Black Lives Matter are responsible for an increase in violence in Chicago. |
2018 |
Most Relevant |
| Megan Keller |
Sessions in Chicago: If you want more shootings, listen to ACLU, Antifa, Black Lives Matter |
2018 The Hill 4491438 (September 19, 2018) |
Attorney General Jeff Sessions said Wednesday that groups like the American Civil Liberties Union, Antifa and Black Lives Matter are responsible for an increase in violence in Chicago. |
2018 |
Most Relevant |
| Philip Lee |
STUDENT PROTESTS AND ACADEMIC FREEDOM IN AN AGE OF #BLACKLIVESMATTER |
79 Ohio State Law Journal 223 (2018) |
C1-2Table of Contents I. Introduction. 224 II. The Historical Context of Racial Exclusion on American College Campuses. 229 III. The Constitutional Standard of Student Academic Freedom. 237 A. Tension Between Academic Freedom of Students and Institutions. 242 B. Tension Between Academic Freedom of Students and Professors. 245 IV. Toward a New... |
2018 |
Most Relevant |
| Carlton Edward Williams |
SYMPOSIUM--THE MORE WE FIGHT, THE MORE WE WIN: MOVEMENT LAWYERING IN THE ERA OF #BLACKLIVESMATTER |
40 Western New England Law Review 403 (2018) |
I work for the American Civil Liberties Union of Massachusetts (ACLU) in Boston, and my work focuses solely on issues of racial justice, so you can imagine that's a very specific and very narrow thing. It isn't though--because racial justice reflects on issues of police brutality, police killings, police murders committed against, specifically,... |
2018 |
Most Relevant |
| Garrett Chase |
THE EARLY HISTORY OF THE BLACK LIVES MATTER MOVEMENT, AND THE IMPLICATIONS THEREOF |
18 Nevada Law Journal 1091 (Spring, 2018) |
From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America's consciousness. But what is this movement? Where did it come from? Does Black Lives Matter stand for civil rights, or human rights? What... |
2018 |
Most Relevant |
| Garrett Chase |
THE EARLY HISTORY OF THE BLACK LIVES MATTER MOVEMENT, AND THE IMPLICATIONS THEREOF |
18 Nevada Law Journal 1091 (Spring, 2018) |
From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America's consciousness. But what is this movement? Where did it come from? Does Black Lives Matter stand for civil rights, or human rights? What... |
2018 |
Most Relevant |
| Kimberly A. Yuracko , Ronen Avraham |
VALUING BLACK LIVES: A CONSTITUTIONAL CHALLENGE TO THE USE OF RACE-BASED TABLES IN CALCULATING TORT DAMAGES |
106 California Law Review 325 (April, 2018) |
This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... |
2018 |
Most Relevant |
| Kimberly A. Yuracko , Ronen Avraham |
VALUING BLACK LIVES: A CONSTITUTIONAL CHALLENGE TO THE USE OF RACE-BASED TABLES IN CALCULATING TORT DAMAGES |
106 California Law Review 325 (April, 2018) |
This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... |
2018 |
Most Relevant |
| Laura Goolsby |
WHY INTERNATIONAL LAW SHOULD MATTER TO BLACK LIVES MATTER: A DRAFT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS ON BEHALF OF THE FAMILY OF ERIC GARNER |
21 University of Pennsylvania Journal of Law and Social Change 29 (2018) |
The United States consistently fails to provide effective remedies to victims of unlawful force perpetrated by police departments around the country. Efforts to address this impunity and underlying systemic racism have met with limited success. Recently, activists and scholars have begun calling for international review of these practices. This... |
2018 |
Most Relevant |
| Laura Goolsby |
WHY INTERNATIONAL LAW SHOULD MATTER TO BLACK LIVES MATTER: A DRAFT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS ON BEHALF OF THE FAMILY OF ERIC GARNER |
21 University of Pennsylvania Journal of Law and Social Change 29 (2018) |
The United States consistently fails to provide effective remedies to victims of unlawful force perpetrated by police departments around the country. Efforts to address this impunity and underlying systemic racism have met with limited success. Recently, activists and scholars have begun calling for international review of these practices. This... |
2018 |
Most Relevant |
| 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 |
|
| 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 |
|
| 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 |
|