| Author | Title | Citation | Summary | Year | Relevancy |
| Kit Kinports |
ILLEGAL PREDICATE SEARCHES AND TAINTED WARRANTS AFTER HEIEN AND STRIEFF |
92 Tulane Law Review 837 (April, 2018) |
A long-standing debate has surrounded the relationship between two features of the Fourth Amendment's exclusionary rule--the fruits of the poisonous tree doctrine and the good-faith exception--in cases where the evidence used to secure a search warrant was obtained in violation of the defendant's constitutional rights. Some judges and scholars... |
2018 |
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| Andrew Guthrie Ferguson |
ILLUMINATING BLACK DATA POLICING |
15 Ohio State Journal of Criminal Law 503 (Spring, 2018) |
The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. Police departments across the United States--like the civilian population--will learn to adapt to ever-shifting technological innovations and efficiencies. The question of adoption is not... |
2018 |
|
| Michael Burke |
Incoming Dem challenges party to make 'lasting, transformative change' |
2018 The Hill 6511044 (December 11, 2018) |
Rep.-elect Ayanna Pressley (D-Mass.) on Tuesday said Democrats' midterm victories in House races altered the course of history, but she also challenged Democrats not to simply be content with those victories." |
2018 |
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| Tom C.W. Lin |
INCORPORATING SOCIAL ACTIVISM |
98 Boston University Law Review 1535 (December, 2018) |
Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... |
2018 |
|
| Lisa Borders |
INSPIRING AND EMPOWERING WOMEN: THE WNBA LEADING THE WAY INTO THE 21ST CENTURY |
28 Journal of Legal Aspects of Sport 121 (2018) |
Atlanta, April 1968. No sound but the clop-clop of two mules along Auburn Avenue at Young Street as they pulled the wagon that carried the casket of Martin Luther King Jr. There I stood, 10 years old, next to my grandfather in a sea of people flooding the four-mile procession. We were dressed in our Sunday's best while others donned denim overalls,... |
2018 |
|
| Gregory DeAngelo , R Kaj Gittings , Anita Alves Pena |
INTERRACIAL FACE-TO-FACE CRIMES AND THE SOCIOECONOMICS OF NEIGHBORHOODS: EVIDENCE FROM POLICING RECORDS |
56 International Review of Law & Economics 1 (December, 2018) |
Article history: Received 4 May 2018 Accepted 8 May 2018 Available online 22 May 2018 JEL classification: K4 J1 R3 I3 Keywords: Victimization Inequality Race Ethnicity and social distance Using a novel data set comprising the universe of reported crimes to the Los Angeles Police Department from 2000 to 2007, we examine race victimization patterns... |
2018 |
|
| William Baude |
IS QUALIFIED IMMUNITY UNLAWFUL? |
106 California Law Review 45 (February, 2018) |
The doctrine of qualified immunity operates as an unwritten defense to civil rights lawsuits brought under 42 U.S.C. ยง 1983. It prevents plaintiffs from recovering damages for violations of their constitutional rights unless a government official violated clearly established law, which usually requires specific precedent on point. This Article... |
2018 |
|
| Lisa A. Crooms-Robinson |
IS THE THIRD TIME THE CHARM? RECONSTRUCTING PERSONHOOD AND REIMAGINING "WE THE PEOPLE" |
43 Human Rights 2 (2018) |
We the people. These three words announce the formation of the Constitution's more perfect union. Seven years with the Articles of Confederation made it clear that the Union would benefit from a different balance between enumerated federal powers, state sovereignty, and individual liberties. To this end, we the people committed themselves to... |
2018 |
|
| Aaron Hadlow |
IS THIS NECESSARY: AN ANALYSIS OF THE COURT'S RELAXED APPLICATION OF ANDERSON IN PETERS v. JOHNS |
83 Missouri Law Review 171 (Winter, 2018) |
In recent years, policing tactics have undergone increased public scrutiny as Black Lives Matter and other social activists have called attention to incidents where police officers have used lethal force. Reports, such as the United States Department of Justice's Investigation of the Ferguson Police Department, have revealed deeply systemic... |
2018 |
|
| John S. Ehrett |
KINGDOMS IN CONFLICT: CONSERVATIVE CHURCHES IN COURT, 2003-2018 |
9 Houston Law Review: Off the Record 7 (Fall, 2018) |
C1-3Table of Contents I. Introduction. 8 II. Why Amicus Briefs?. 9 III. Choosing Churches. 9 A. Lutheran Church--Missouri Synod. 10 B. United States Conference of Catholic Bishops. 11 C. Southern Baptist Convention. 11 D. Church of Jesus Christ of Latter-day Saints. 11 IV. Data and Methods. 12 V. Findings. 12 A. Case Categories. 12 B. Activation By... |
2018 |
|
| Scott L. Cummings |
LAW AND SOCIAL MOVEMENTS: REIMAGINING THE PROGRESSIVE CANON |
2018 Wisconsin Law Review 441 (2018) |
Introduction. 441 I. The Old Canon. 442 II. Toward A New Canon. 451 A. When a Lawsuit Sparks a Movement: The Antisweatshop Campaign. 452 B. Challenging Executive Overreach: Litigating Human Rights in the War on Terror. 460 C. Backlash Avoidance: The March Toward Marriage Equality. 470 D. Contesting Illegal Status: Immigrant Rights under Siege. 478... |
2018 |
|
| Bill Quigley |
LAWYERS AND CIVIL DISOBEDIENCE |
35 GPSolo 12 (May/June, 2018) |
Civil disobedience is as American as apple pie. Our nation has a long and rich history of thousands of principled political protest actions that violated the law in the name of justice. Our country was founded on a series of acts of civil disobedience. From its very foundation through the movements of people who opposed slavery, supported women's... |
2018 |
|
| Macklin W. Thornton |
LAYING SIEGE TO THE IVORY TOWER: RESOURCE ALLOCATION IN RESPONSE TO THE HECKLER'S VETO ON UNIVERSITY CAMPUSES |
55 San Diego Law Review 673 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 674 II. Background and Context. 679 A. Historical Context: The 1960s Free Speech Movement, 2011 Campus Occupy Movement, and University Free Speech Narrative. 680 B. Current Context: Events, Players, and Conflict. 683 III. Universities Must Protect Controversial Speakers Confronted by Hostile Protesters. 687 A.... |
2018 |
|
| Lindsey Webb |
LEGAL CONSCIOUSNESS AS RACE CONSCIOUSNESS: EXPANSION OF THE FOURTH AMENDMENT SEIZURE ANALYSIS THROUGH OBJECTIVE KNOWLEDGE OF POLICE IMPUNITY |
48 Seton Hall Law Review 403 (2018) |
Encounters between police officers and members of the community are deeply influenced by race. Yet when courts assess whether police officers have complied with the Fourth Amendment, they explicitly exclude consideration of the ways in which racial bias, assumptions, and fear influence police-civilian interactions. In determining whether law... |
2018 |
|
| Kelly Oeltjenbruns |
LEGAL DEFIANCE: GOVERNMENT-SANCTIONED GRAFFITI WALLS AND THE FIRST AMENDMENT |
95 Washington University Law Review 1479 (2018) |
The caricature face of Maine Governor Paul LePage, wearing a Ku Klux Klan hood and surrounded by the words homophobe, moron, and racist greeted every passerby of the Portland Water District (PWD) in Portland, Maine on September 6, 2016. The image sparked a controversial exchange between local government entities, a rarity since the City of Portland... |
2018 |
|
| Stephanie Johnson |
LEGAL LIMBO: THE FIFTH CIRCUIT'S DECISION IN TURNER v. DRIVER FAILS TO CLARIFY THE CONTOURS OF THE PUBLIC'S FIRST AMENDMENT RIGHT TO RECORD THE POLICE |
59 Boston College Law Review E-Supplement 245 (April 11, 2018) |
Abstract: On February 16, 2017, the U.S. Court of Appeals for the Fifth Circuit, in Turner v. Driver, held that the public has a First Amendment right to record the police that is subject only to reasonable time, place, and manner restrictions. Although Turner established that the public has a First Amendment right to film the police, the decision... |
2018 |
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| Megan Quattlebaum |
LET'S GET REAL: BEHAVIORAL REALISM, IMPLICIT BIAS, AND THE REASONABLE POLICE OFFICER |
14 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2018) |
Constitutional law is not particularly sophisticated about bias, and so it is not very good at protecting people from it. This is nowhere more evident than in the Supreme Court's jurisprudence around racial profiling. The Supreme Court has conceptualized racial profiling as something only bad police officers do; it has equated bad stops with bad... |
2018 |
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| Ingrid V. Eagly, Joanna C. Schwartz |
LEXIPOL: THE PRIVATIZATION OF POLICE POLICYMAKING |
96 Texas Law Review 891 (April, 2018) |
This Article is the first to identify and analyze the growing practice of privatized police policymaking. In it, we present our findings from public records requests that reveal the central role played by a limited liability corporation--Lexipol LLC--in the creation of internal regulations for law enforcement agencies across the United States.... |
2018 |
|
| Wadie E. Said |
LIMITLESS DISCRETION IN THE WARS ON DRUGS AND TERROR |
89 University of Colorado Law Review 93 (Winter, 2018) |
The wars on terror and drugs have been defined, largely, by what they lack: a readily identifiable opponent, a clear end goal, a timeline, and geographical boundaries. Based on that understanding, this Article discusses the increasingly expansive discretion of American authorities to prosecute individuals where the wars on terror and drugs... |
2018 |
|
| Pamela Wolf, J.D. |
LITIGATION NEWS, TRENDS-EMPLOYEE SUES EMPLOYER FOR FORCED RESIGNATION AFTER FLIP-OFF OF TRUMP WENT VIRAL |
2018 Wolters Kluwer Employment Law Daily 1633368 (April 5, 2018) |
A former employee has filed a lawsuit asserting that her employer, Akima, LLC, forced her to resign after an image of the employee flipping off President Trump's motorcade went viral. Akima, a government contractor in Herndon, Virginia, purportedly did not want to be associated with opposition to the President. The plaintiff contends that her... |
2018 |
|
| Katherine A. Macfarlane |
LOS ANGELES v. MENDEZ: PROXIMATE CAUSE PROMISE FOR POLICE SHOOTING VICTIMS |
118 Columbia Law Review Online 48 (February 5, 2018) |
County of Los Angeles v. Mendez, the Supreme Court's recent decision rejecting shooting victims' excessive force claims, has been written off as yet another case in which police violence has no civil rights consequences. The Court found that the deputies who shot Jennifer Garcia and Angel Mendez fifteen times used reasonable force because Mendez... |
2018 |
|
| Timothy Zick |
MANAGING DISSENT |
95 Washington University Law Review 1423 (2018) |
In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a managed speech approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse,... |
2018 |
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| |
Mandela's grandson: Trump tweet about South Africa shows 'total ignorance of reality' |
(August 24, 2018) |
Nelson Mandelas grandson slammed President Trump on Thursday for arrogant tweets about South Africas land reform program |
2018 |
|
| Tracey Maclin , Maria Savarese |
MARTIN LUTHER KING, JR. AND PRETEXT STOPS (AND ARRESTS): REFLECTIONS ON HOW FAR WE HAVE NOT COME FIFTY YEARS LATER |
49 University of Memphis Law Review 43 (Fall, 2018) |
I. Introduction. 43 A. Pretext Stops in America. 45 B. Pretext Stops and the Fourth Amendment. 50 II. The Impact of Whren v. United States. 54 III. The Numbers Today--Driving While Black Remains a Reality. 65 A. Stanford Open Policing Project. 66 B. Department of Justice Special Reports. 68 C. Department of Justice Investigation of the Ferguson,... |
2018 |
|
| Mark Conrad |
MATAL v. TAM--A VICTORY FOR THE SLANTS, A TOUCHDOWN FOR THE REDSKINS, BUT AN AMBIGUOUS JOURNEY FOR THE FIRST AMENDMENT AND TRADEMARK LAW |
36 Cardozo Arts and Entertainment Law Journal 83 (2018) |
Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed immoral, deceptive, or scandalous; or those which may disparage individuals. This provision was the subject of a challenge by an Asian-American dance-rock band named The Slants after the trademark examiner refused to... |
2018 |
|
| John Charles Boger |
MCCLESKEY v. KEMP: FIELD NOTES FROM 1977-1991 |
112 Northwestern University Law Review 1637 (2018) |
Abstract--The litigation campaign that led to McCleskey v. Kemp did not begin as an anti-death-penalty effort. It grew in soil long washed in the blood of African-Americans, lynched or executed following rude semblances of trials and hasty appeals, which had prompted the NAACP from its very founding to demand simple justice in individual criminal... |
2018 |
|
| Maria R. Volpe, Bradley L. Roth |
MEDIATION CAPACITY BUILDING WITH LIBERIAN DIASPORA COMMUNITIES: SOME OBSERVATIONS |
19 Cardozo Journal of Conflict Resolution 709 (Spring, 2018) |
Mediation has been a method of conflict resolution for millenia, but since the 1970s, it has become progressively more widely recognized and established as an essential component of efforts to peaceably resolve conflicts in the U.S. and many other countries. Countless mediation scholars, practitioners, trainers, and program administrators have... |
2018 |
|
| Cale Jaffe |
MELTING THE POLARIZATION AROUND CLIMATE CHANGE POLITICS |
30 Georgetown Environmental Law Review 455 (Spring, 2018) |
Climate change has become one of the most highly polarized political problems, but it was not always this way. As recently as 2008, leading Republicans and Democrats agreed on the implications of global warming research. This Article charts how the United States moved from a bipartisan agreement on the need to address climate change to the current... |
2018 |
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| Mae C. Quinn |
MISSOURI *@!!?*@! - TOO SLOW |
62 Saint Louis University Law Journal 847 (Summer, 2018) |
Hound dogs on my trail School children sitting in jail Black cat cross my path I think every day's gonna be my last Picket lines School boycotts They try to say it's a communist plot All I want is equality For my sister my brother my people and me I don't trust you any more [All] You keep on saying [is] Go slow! But that's just the trouble Do it... |
2018 |
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| The Honorable Eric H. Holder, Jr. |
MLK50 SYMPOSIUM: WHERE DO WE GO FROM HERE? KEYNOTE ADDRESS |
49 University of Memphis Law Review 33 (Fall, 2018) |
Thank you. Good afternoon, everybody. I want to thank President Rudd, Dean Letsou, and President Freeman for inviting me here today. Louise, it's always good to see you--and you bring Doug with you, of course. Thank you, Senator Doug Jones, for your kind words and warm welcome but also for your service to our country. Now as a person who has worked... |
2018 |
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