| Author | Title | Citation | Summary | Year | Relevancy |
| Sarah Brown , Natasha Brison |
MORE THAN AN ATHLETE: CONSTITUTIONAL AND CONTRACTUAL ANALYSIS OF ACTIVISM IN PROFESSIONAL SPORTS |
7 Arizona State Sports & Entertainment Law Journal 249 (Spring, 2018) |
Athlete activism is not a new issue. Rather, athletes at all levels and sports have used their platforms to protest long before Colin Kaepernick took a knee. During the 1960s and 1970s, at the height of the Civil Rights Movement, athletes including Muhammad Ali, Bill Russell, Jim Brown, and Arthur Ashe advocated for civil rights. As the fight for... |
2018 |
|
| Purvi Shah , Center for Constitutional Rights , Ellen Yaroshefsky , Published in April 2013 Bertha Social Justice Institute |
MOVEMENT LAWYERING READING GUIDE |
47 Hofstra Law Review 99 (Fall, 2018) |
Angela Harris, Margaretta Lin & Jeff Selbin, From The Art of War to Being Peace: Mindfulness and Community Lawyering in a Neoliberal Age, 95 Calif. L. Rev. 2073 (2007). Assesses the value of mindfulness in legal practice. Mindfulness sets aside typical adversarial and zero-sum approaches and opens up new relationship-based possibilities in... |
2018 |
|
| Bruce Zagaris and Zarine Kharazian |
MUELLER INDICTS 13 RUSSIAN NATIONALS WITH CRIMES RELATED TO 2016 ELECTION-MEDDLING |
34 International Enforcement Law Reporter 75 (February 1 - February 28, 2018) |
On Friday, February 16, 2018, The DOJ Special Counsel's Office released a 37-page indictment charging the Internet Research Agency, a Russian organization, as well as thirteen Russian nationals who carried out the organization's mission in the U.S, with crimes related to meddling in the U.S. political system, including in the 2016 presidential... |
2018 |
|
| Diana R. Donahoe |
NOT-SO-GREAT EXPECTATIONS: IMPLICIT RACIAL BIAS IN THE SUPREME COURT'S CONSENT TO SEARCH DOCTRINE |
55 American Criminal Law Review 619 (Summer, 2018) |
The Supreme Court's creation of the social expectation doctrine in third-party consent to search cases, where it equated a police officer demanding entrance to a suspect's home with a house call from a social visitor, is emblematic of the implicit bias that pervades the United States criminal justice system. This perception of friendly officers... |
2018 |
|
| Kathryn V. Ramsey |
ONE-STRIKE 2.0: HOW LOCAL GOVERNMENTS ARE DISTORTING A FLAWED FEDERAL EVICTION LAW |
65 UCLA Law Review 1146 (June, 2018) |
In recent years, local governments across the country have passed crime-free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal activity, sometimes even a single arrest. CHOs are... |
2018 |
|
| Elise C. Boddie |
ORDINARINESS AS EQUALITY |
93 Indiana Law Journal 57 (Winter, 2018) |
This Essay argues for an equality norm of racial ordinariness. Ordinariness here refers to the state of being treated as a full, complex person and a rightful recipient of human concern. As a norm, its purpose is to focus constitutional attention on common, everyday interactions as sources of racial indignity. It also seeks to sensitize courts and... |
2018 |
|
| Mitchell N. Berman |
OUR PRINCIPLED CONSTITUTION |
166 University of Pennsylvania Law Review 1325 (May, 2018) |
Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we disagree about what the law is. And, most probably, we disagree about what the law is on this matter because we... |
2018 |
|
| John “Longjones” Abdallah Wambere |
OUT, PROUD, AND AFRICAN: ONE MAN'S JOURNEY AS A GAY UGANDAN ACTIVIST |
40 Western New England Law Review 495 (2018) |
It was an afternoon; I stood by the sink at my work place in Nairobi, Kenya, and looked in the mirror. I washed my hands, slowly rubbing in between my fingers, just as Pontius Pilate did before he handed Jesus Christ over to be crucified. With much relief, I whispered slowly to myself, John, you are gay. I took a deep breath and wiped my hands... |
2018 |
|
| Philip N. Meyer |
PAINT A PICTURE |
104-FEB ABA Journal 22 (February, 2018) |
In January 2017, before President Donald Trump's inauguration, I attended the annual Association of American Law Schools conference in San Francisco. I stayed at the Mark Hopkins Hotel high up on Nob Hill--a walk away from the conference site at the Hilton in the business district near Union Square. My well-appointed vintage-style room was on an... |
2018 |
|
| Abbey Stemler |
PLATFORM ADVOCACY AND THE THREAT TO DELIBERATIVE DEMOCRACY |
78 Maryland Law Review 105 (2018) |
Businesses have long tried to influence political outcomes, but today, there is a new and potent form of corporate political power--Platform Advocacy. Internet-based platforms, such as Facebook, Google, and Uber, mobilize their user bases through direct solicitation of support and the more troubling exploitation of irrational behavior. Platform... |
2018 |
|
| Howard M. Wasserman |
POLICE MISCONDUCT, VIDEO RECORDING, AND PROCEDURAL BARRIERS TO RIGHTS ENFORCEMENT |
96 North Carolina Law Review 1313 (June, 2018) |
The story of police reform has become the story of video and video evidence, and record everything to know the truth has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct.... |
2018 |
|
| Michael C. McKeown |
POLICE MISCONDUCT: INEFFECTIVE POLICE DEPARTMENT COMPLAINT-REVIEW PROCEDURES AND THE PROPOSITION OF CORRECTIVE FEDERAL OVERSIGHT |
51 Suffolk University Law Review 309 (2018) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Over the past two centuries, the United States government has developed tools to accurately track annual tax revenues, but still has yet to implement effective means to report the exact number of lives... |
2018 |
|
| Jonathan Masur , Richard H. McAdams |
POLICE VIOLENCE IN THE WIRE |
2018 University of Chicago Legal Forum 139 (2018) |
Police brutality--the unsanctioned, unlawful use of force by police against unarmed (and often defenseless) civilians--is one of the recurring motifs of The Wire. The violence occurs in a variety of settings: occasionally the victim of the police brutality has done something to precipitate it (though the brutality is never justified), but more... |
2018 |
|
| Savannah Walker |
POLICING HATE: THE PROBLEMATIC EXPANSION OF LOUISIANA'S HATE CRIME STATUTE TO INCLUDE POLICE OFFICERS |
78 Louisiana Law Review 1413 (Spring, 2018) |
C1-3Table of Contents Introduction. 1413 I. Hate Crime Laws: A Broad Overview. 1417 A. Defining Hate Crime. 1417 B. Why We Legislate Hate. 1418 C. Structure of State Hate Crime Statutes. 1419 II. Dissecting the Flaws of the Blue Lives Matter Law. 1421 A. The Unnecessary Expressive Purpose. 1422 B. The Practical Shortcomings. 1424 1. Police... |
2018 |
|
| Tal Kastner |
POLICING NARRATIVE |
71 SMU Law Review 1117 (Fall, 2018) |
Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization... |
2018 |
|
| Renée McDonald Hutchins |
POLICING THE PROSECUTOR |
33-FALL Criminal Justice 14 (Fall, 2018) |
two events have collided to give prosecutors enormous power. The first is an inveterate retreat from robust enforcement of police conduct under the Fourth Amendment. The second is a now-dominant use of negotiated pleas to resolve criminal cases. The combination has meant a significant increase in the already substantial power of prosecutors--power... |
2018 |
|
| K. Sabeel Rahman |
POLICYMAKING AS POWER-BUILDING |
27 Southern California Interdisciplinary Law Journal 315 (Winter, 2018) |
The problem of balancing power through institutional design--always a central concern of constitutional theory--has taken on even greater salience in current scholarship in light of contemporary concerns over economic inequality and failures of American democracy today. This paper extends these concerns into the realm of administrative law and the... |
2018 |
|
| Alexi Nunn Freeman, Lindsey Webb |
POSITIVE DISRUPTION: ADDRESSING RACE IN A TIME OF SOCIAL CHANGE THROUGH A TEAM-TAUGHT, REFLECTION-BASED, OUTWARD-LOOKING LAW SCHOOL SEMINAR |
21 University of Pennsylvania Journal of Law and Social Change 121 (2018) |
Addressing race in the legal classroom has long been a potentially disruptive, even professionally hazardous, act. Despite multiple innovations in the legal curriculum, the decades-long discussion regarding racial inclusion in law schools has led us to the same, largely race-avoidant, place. Now, as we navigate a tumultuous period in which issues... |
2018 |
|
| Chris DiNardo |
PREGNANCY IN CONFINEMENT, ANTI-SHACKLING LAWS AND THE "EXTRAORDINARY CIRCUMSTANCES" LOOPHOLE |
25 Duke Journal of Gender Law & Policy 271 (Spring, 2018) |
One might have hoped that, by this hour, the very sight of chains on black flesh, or the very sight of chains, would be so intolerable a sight for the American people, and so unbearable a memory, that they would themselves spontaneously rise up and strike off the manacles. But, no, they appear to glory in their chains; now, more than ever, they... |
2018 |
|
| Ira S. Rubinstein |
PRIVACY LOCALISM |
93 Washington Law Review 1961 (December, 2018) |
Abstract: Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level (which it dubs privacy localism), using recently enacted privacy laws in Seattle and New York City as principal examples.... |
2018 |
|
| Scott Skinner-Thompson |
PRIVACY'S DOUBLE STANDARDS |
93 Washington Law Review 2051 (December, 2018) |
Abstract: Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people... |
2018 |
|
| |
PROTESTOR LOSES FALSE ARREST CLAIM |
24 CITYLAW 81 (July/August, 2018) |
Demonstrator claims she was falsely arrested by a police officer at Black Lives Matter protest. On April 29, 2015, Carlene Pinto marched with 200 to 500 demonstrators at a Black Lives Matter rally that began in Union Square. Officers with loudspeakers continually instructed protestors to stay on the sidewalks. Officer Joseph Diaz, one of the NYPD... |
2018 |
|
| Carolyn A. Dubay |
PUBLIC CONFIDENCE IN THE COURTS IN THE INTERNET AGE: THE ETHICAL LANDSCAPE FOR JUDGES IN THE POST-WATERGATE ERA |
40 Campbell Law Review 531 (Spring, 2018) |
Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth... |
2018 |
|
| James M. LoPiano |
PUBLIC FORA PURPOSE: ANALYZING VIEWPOINT DISCRIMINATION ON THE PRESIDENT'S TWITTER ACCOUNT |
28 Fordham Intellectual Property, Media and Entertainment Law Journal 511 (Spring, 2018) |
Today, protectable speech takes many forms in many spaces. This Note is about the spaces. This Note discusses whether President Donald J. Trump's personal Twitter account functions as a public forum, and if so, whether blocking constituents from said account amounts to viewpoint discrimination--a First Amendment freedom of speech violation. Part I... |
2018 |
|
| Amber Lara |
QUEER WOMYN OF COLOR AND EMPLOYMENT DISCRIMINATION LAW IN WISCONSIN-- DOES WISCONSIN LAW DO ENOUGH TO LIFT ANXIETY? |
19 Marquette Benefits & Social Welfare Law Review 265 (Spring, 2018) |
America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of... |
2018 |
|
| Zachary A. Kaplan |
R2D2 OR IROBOT: CAN ARMED ROBOTS BE A FRIEND TO POLICE WITHOUT BEING A FOE TO THE PUBLIC? |
32 Notre Dame Journal of Law, Ethics & Public Policy 603 (2018) |
At a time when dissention over law enforcement related killings was reaching a breaking point, Dallas police officers took another controversial step by deploying a bomb-wielding robot to kill an active shooter during a Black Lives Matter protest. The assailant was taking cover, out of the reach of officers, in a community college parking garage... |
2018 |
|
| Matthew J. Parlow |
RACE, SPEECH, AND SPORTS |
52 University of Richmond Law Review 923 (May, 2018) |
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (NFL) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and... |
2018 |
|
| LeRoy Pernell |
RACIAL JUSTICE AND FEDERAL HABEAS CORPUS AS POSTCONVICTION RELIEF FROM STATE CONVICTIONS |
69 Mercer Law Review 453 (Winter, 2018) |
It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity--federal habeas corpus as a postconviction remedy. By... |
2018 |
|
| Michael A. Lawrence |
RACIAL JUSTICE DEMANDS TRUTH & RECONCILIATION |
80 University of Pittsburgh Law Review 69 (Fall, 2018) |
The Negro race in America, stolen, ravished and degraded, struggling up through difficulties and oppression, needs sympathy and receives criticism; needs help and is given hindrance, needs protection and is given mob-violence, needs justice and is given charity, needs leadership and is given cowardice and apology, needs bread and is given a stone.... |
2018 |
|
| Honorable Evelyn Z. Wilson |
RANDOM THOUGHTS |
87-JUN Journal of the Kansas Bar Association 15 (June, 2018) |
This isn't the column that takes an in-depth, logical, and well-researched position on a thorny legal issue. No, this is the column by someone who is, or soon will be, a lame duck president who sees the hook coming from backstage. My time, my space, and your attention are limited. Here are just some things that I think need to be said: 1. Thank you... |
2018 |
|