| Author | Title | Citation | Summary | Year | Relevancy |
| Purvi Shah |
REBUILDING THE ETHICAL COMPASS OF LAW |
47 Hofstra Law Review 11 (Fall, 2018) |
Each generation must out of relative obscurity discover its mission, fulfill it, or betray it. - Frantz Fanon We are in an incredibly challenging moment in U.S. history. Emboldened by the Trump presidency, a racist, anti-immigrant, anti-poor movement is gaining momentum. And while oppression is certainly nothing new, the scale and severity of the... |
2018 |
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| Courtlyn G. Roser-Jones |
RECONCILING AGENCY FEE DOCTRINE, THE FIRST AMENDMENT, AND THE MODERN PUBLIC SECTOR UNION |
112 Northwestern University Law Review 597 (2018) |
Abstract--Few institutions have done more to improve working conditions for the middle class than labor unions. Their efforts, of course, cost money. To fund union activities, thousands of collective bargaining agreements across the nation have long included provisions permitting employers to require employees to pay fair share or agency fees.... |
2018 |
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| André Douglas Pond Cummings |
REFORMING POLICING |
10 Drexel Law Review 573 (2018) |
C1-2Table of Contents Introduction. 575 I. Historical Evolution of Policing in the United States. 578 II. Connecting History with Current Practices. 583 III. Nationwide Police Reform Efforts Finding Success. 591 A. Policing in a Multiracial Society Project. 591 B. The Use of Force Project. 595 C. Community Policing in Cincinnati. 597 D.... |
2018 |
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| Cynthia Lee |
REFORMING THE LAW ON POLICE USE OF DEADLY FORCE: DE-ESCALATION, PRESEIZURE CONDUCT, AND IMPERFECT SELF-DEFENSE |
2018 University of Illinois Law Review 629 (2018) |
This Article seeks to contribute to the national conversation on reforming police practices by evaluating the current law on police use of deadly force, identifying problems with that law, and suggesting a modest change to that law in the form of model legislation governing police use of deadly force. Existing statutes on police use of deadly force... |
2018 |
|
| Kyle Langvardt |
REGULATING ONLINE CONTENT MODERATION |
106 Georgetown Law Journal 1353 (June, 2018) |
The Supreme Court held in 2017 that the vast democratic forums of the Internet in general, and social media in particular, are the most important places . for the exchange of views. Yet within these forums, speakers are subject to the closest and swiftest regime of censorship the world has ever known. This censorship comes not from the... |
2018 |
|
| Rodney A. Smolla |
REGULATION OF POLITICAL APPAREL IN POLLING PLACES: WHY THE SUPREME COURT'S MANSKY OPINION DID NOT GO FAR ENOUGH |
2018 Cato Supreme Court Review 225 (2017-2018) |
In Minnesota Voters Alliance v. Mansky, the Supreme Court struck down a Minnesota law prohibiting voters from wearing various political messages on buttons or clothing inside a polling place on Election Day. In an opinion written by Chief Justice John Roberts, the Court held that Minnesota's sweeping ban on political expression violated the First... |
2018 |
|
| Leah Litman |
REMEDIAL CONVERGENCE AND COLLAPSE |
106 California Law Review 1477 (October, 2018) |
This Article describes and interrogates a phenomenon of spillovers across remedies--how the legal standards governing the availability of remedies in cases regarding executive violations of individuals' constitutional rights, particularly in the area of policing, have converged around similar ideas that narrow the availability of several different... |
2018 |
|
| Thomas Wanebo |
REMOTE KILLING AND THE FOURTH AMENDMENT: UPDATING CONSTITUTIONAL LAW TO ADDRESS EXPANDED POLICE LETHALITY IN THE ROBOTIC AGE |
65 UCLA Law Review 976 (May, 2018) |
In the early morning hours of July 8, 2016, a loud boom echoed between the buildings in downtown Dallas, signaling both the end to a bloody massacre that took the lives of five Dallas-area police officers and the dawn of a new age in American law enforcement. Police officers had killed an armed suspect by affixing a bomb to a remotely controlled... |
2018 |
|
| Richard Delgado , Jean Stefancic |
RETHEORIZING ACTIONS FOR TARGETED HATE SPEECH: A COMMENT ON PROFESSOR BROWN |
9 Alabama Civil Rights & Civil Liberties Law Review 169 (2018) |
I. Introduction: Alexander Brown's Retheorizing Actionable Injuries and the Value of Precision. 170 II. Hate Speech Law and Scholarship. 175 A. Tort Law and Scholarship About Hate Speech: A Brief History. 176 B. Campus Hate Speech Codes--Case Law and Legal Scholarship. 177 C. Campus Climate Activism. 178 D. Controlling Hate--Competing Positions and... |
2018 |
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| Benjamin Levin |
RETHINKING THE BOUNDARIES OF "CRIMINAL JUSTICE" |
15 Ohio State Journal of Criminal Law 619 (Spring, 2018) |
The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff eds., N.Y.U. Press 2017). [T]he criminal justice system is not a system at all, observed Lawrence Friedman in his 1993 history of punishment in the United States. Over twenty years later, John Pfaff concluded that [t]he criminal justice system in the United States . is... |
2018 |
|
| Zachary Gold, Mark Latonero |
ROBOTS WELCOME? ETHICAL AND LEGAL CONSIDERATIONS FOR WEB CRAWLING AND SCRAPING |
13 Washington Journal of Law, Technology & Arts 275 (Spring, 2018) |
Web crawlers are widely used software programs designed to automatically search the online universe to find and collect information. The data that crawlers provide help make sense of the vast and often chaotic nature of the Web. Crawlers find websites and content that power search engines and online marketplaces. As people and organizations put an... |
2018 |
|
| Carolyn Y. Forrest |
RUSSIA'S DISINFORMATION CAMPAIGN: THE NEW COLD WAR |
33-WTR Communications Lawyer 2 (Winter, 2018) |
While President Trump continues to criticize investigations into Russian interference during the 2016 presidential election, Dan Coats, Director of National Intelligence, appeared before the Senate Intelligence Committee in February, not only confirming that Russia interfered in 2016, but also declaring that Russia is targeting the 2018 midterm... |
2018 |
|
| Stephanie Hong |
SAY HER NAME: THE BLACK WOMAN AND INCARCERATION |
19 Georgetown Journal of Gender and the Law 619 (Spring, 2018) |
In the modern 21st century, the United States imprisons more people per capita than any other country in the world. This mass incarceration epidemic, deeply rooted in a history of oppression and racism, is primarily discussed in the context of its effects on black men. Black women, on the other hand, are often forgotten in the discussion despite... |
2018 |
|
| Irene Scharf |
SECOND CLASS CITIZENSHIP? THE PLIGHT OF NATURALIZED SPECIAL IMMIGRANT JUVENILES |
40 Cardozo Law Review 579 (December, 2018) |
C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... |
2018 |
|
| Kenneth W. Mack |
SECOND MODE INCLUSION CLAIMS IN THE LAW SCHOOLS |
87 Fordham Law Review 1005 (December, 2018) |
In October 2015, a group of Harvard Law School (HLS) students calling themselves Royall Must Fall announced their presence on both Facebook and Twitter, declaring their solidarity with the Rhodes Must Fall movement --which had called for the removal of a statue of Cecil Rhodes at the University of Cape Town. While the immediate concern of the... |
2018 |
|
| Charles Du |
SECURING PUBLIC INTEREST LAW'S COMMITMENT TO LEFT POLITICS |
128 Yale Law Journal Forum 244 (October 21, 2018) |
abstract. Public interest law is a vague concept, encompassing a multitude of diverse forms of legal practice, whose meaning is often taken for granted. Yet despite being amorphous and undertheorized, public interest law is also highly institutionalized, making it an important arena for political contestation. At the same time, traditional forms... |
2018 |
|
| Will Potter |
SENTINEL SPECIES: THE CRIMINALIZATION OF ANIMAL RIGHTS ACTIVISTS AS "TERRORISTS," AND WHAT IT MEANS FOR CIVIL LIBERTIES IN TRUMP'S AMERICA |
95 Denver Law Review 877 (Summer, 2018) |
The animal rights movement has pioneered new, diverse forms of social activism that have rapidly redefined how we view animals. But those remarkable successes have been met with an increasingly aggressive backlash, including new terrorism laws, widespread surveillance, experimental prisons, and legislation explicitly criminalizing journalists and... |
2018 |
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| Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph J. Fins |
SEVERE BRAIN INJURY, DISABILITY, AND THE LAW: ACHIEVING JUSTICE FOR A MARGINALIZED POPULATION |
45 Florida State University Law Review 313 (Winter, 2018) |
Thousands of persons with severe brain injury who are minimally conscious or locked in are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate... |
2018 |
|
| Chris Chambers Goodman |
SHADOWING THE BAR: ATTORNEYS' OWN IMPLICIT BIAS |
28 Berkeley La Raza Law Journal 18 (2018) |
Everything we see, is a shadow of that which we do not see. Martin Luther King, Jr. INTRODUCTION. 18 PART ONE: IMPLICIT BIAS RESEARCH. 19 A. Identifying Bias. 19 B. The Stereotypic Association Between African Americans and Violence. 21 C. The Stereotypic Association Between African Americans and Crime. 23 D. Critiquing Implicit Bias. 25 E. The... |
2018 |
|
| Mark Osler |
SHORT OF THE MOUNTAINTOP: RACE NEUTRALITY, CRIMINAL LAW, AND THE JERICHO ROAD AHEAD |
49 University of Memphis Law Review 77 (Fall, 2018) |
I. Introduction. 77 II. The Illusion of Success. 80 III. The Continuing Problem of Disparate Racial Impacts and Hidden Discretion. 86 A. The Truth of Racial Inequality in Criminal Law. 86 B. The Problem of Hidden Discretion. 90 IV. Two Short-Term Solutions to the Enduring Problem of Racial Bias in Criminal Law. 93 A. Long-Term and Short-Term Goals.... |
2018 |
|
| Lindsey Webb |
SLAVE NARRATIVES AND THE SENTENCING COURT |
42 New York University Review of Law and Social Change 125 (2018) |
The United States incarcerates a greater percentage of its population than any other country in the world. Courts are substantially more likely to sentence African American people to prison than white people in similar circumstances, and African American people in particular represent a grossly disproportionate percentage of the incarcerated... |
2018 |
|
| Deborah A. Rosen |
SLAVERY, RACE, AND OUTLAWRY: THE CONCEPT OF THE OUTLAW IN NINETEENTH-CENTURY ABOLITIONIST RHETORIC |
58 American Journal of Legal History 126 (March, 2018) |
The concept of the outlaw provided antebellum abolitionists with a powerful rhetorical weapon in their challenge to the Southern slave system. They vigorously condemned the practice of placing slaves and free blacks outside the law through official and informal outlawry. Calling attention to racial discrimination in criminal laws and the... |
2018 |
|
| Mary D. Fan |
SMARTER EARLY INTERVENTION SYSTEMS FOR POLICE IN AN ERA OF PERVASIVE RECORDING |
2018 University of Illinois Law Review 1705 (2018) |
Investigations of police departments by the U.S. Department of Justice spurred the spread of early intervention systems that use data to detect officers at elevated risk of problematic conduct. These systems of internal self-surveillance remain even when consent decrees expire and federal investigators turn to other tasks--or pull back during... |
2018 |
|
| Jane R. Bambauer |
SNAKE OIL SPEECH |
93 Washington Law Review 73 (March, 2018) |
Abstract: Snake oil is dangerous only by way of the claims that are made about its healing powers. It is a speech problem, and its remedy involves speech restrictions. But First Amendment doctrine has struggled to find equilibrium in the balance between free speech and the reduction of junk science. Regulation requires the government to take an... |
2018 |
|
| Zackory T. Burns , Sachiko V. Donley |
SOCIAL EVALUATIVE MECHANICS: A POTENTIAL PSYCHOLOGICAL MECHANISM COLORING POLICE-PUBLIC ENCOUNTERS |
8 UC Irvine Law Review 1 (January, 2018) |
Contact between the public and police (hereinafter referred to as police-public encounters) are under increased scrutiny as social movements highlight violent police actions. Psychologists and legal scholars analyzing and critiquing police-public encounters provide insights into the psychological mechanisms that contribute to these violent... |
2018 |
|
| Terri R. Day , Danielle Weatherby |
SPEECH NARCISSISM |
70 Florida Law Review 839 (July, 2018) |
From its embryonic stage during the civil rights era to its modern-day presence on college campuses, the political correctness movement has undergone an extreme metamorphosis. In the university setting, it was originally intended to welcome diverse views by encouraging minority students to feel part of the learning environment and to contribute to... |
2018 |
|
| Joseph Russomanno |
SPEECH ON CAMPUS: HOW AMERICA'S CRISIS IN CONFIDENCE IS ERODING FREE SPEECH VALUES |
45 Hastings Constitutional Law Quarterly 273 (Winter, 2018) |
When Thomas Jefferson founded the University of Virginia, he wrote of the philosophy that not only that institution would follow, but one that many other universities and colleges would practice: This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to... |
2018 |
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SPORTS, POLITICS & SOCIAL MOVEMENTS |
25 Jeffrey S. Moorad Sports Law Journal 147 (2018) |
Sports have the ability to transcend barriers, whether they be socioeconomic, geographical, or political. But what happens when sports, politics, and social movements collide? The 2018 Jeffrey S. Moorad Sports Law Journal Symposium-- Sports, Politics & Social Movements--examines the hard-hitting legal and political issues dominating sports and the... |
2018 |
|
| Adam Crepelle |
STANDING ROCK IN THE SWAMP: OIL, THE ENVIRONMENT, AND THE UNITED HOUMA NATION'S STRUGGLE FOR FEDERAL RECOGNITION |
64 Loyola Law Review 141 (Spring, 2018) |
I. INTRODUCTION. 141 II. TRIBAL SOVEREIGNTY AND THE ENVIRONMENT. 144 III. FEDERAL RECOGNITION. 147 IV. PROBLEMS WITH THE PROCESS. 153 V. THE HOUMA. 157 A. A Brief History of the Houma. 157 B. Rebutting the BIA's Proposed Finding. 164 C. The Houma Since the BIA's Proposed Finding. 174 VI. CONCLUSION. 183 |
2018 |
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| Jesse Merriam |
STEPHEN PRESSER'S LOVE LETTER TO THE LAW, IN FIVE PARTS LAW PROFESSORS: THREE CENTURIES OF SHAPING AMERICAN LAW. BY STEPHEN B. PRESSER. ST. PAUL: WEST PUBLISHING, 2017. PP. XII + 486. $48.00 (CLOTH) |
33 Constitutional Commentary 71 (Winter, 2018) |
This book on law professors, Stephen Presser writes in the Preface, is a love letter to the teaching of law (p. v). But this is no mere love letter. The twenty-four chapters read more like a break-up letter, sounding with each successive chapter the ominous tone of a betrayed lover--more like Søren Kierkegaard's regretful reflections on losing... |
2018 |
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