| Author | Title | Citation | Summary | Year | Key Terms |
| Bennett Capers |
CRIMINAL PROCEDURE, THE POLICE, AND THE WIRE AS DISSENT |
2018 University of Chicago Legal Forum 65 (2018) |
The Wire is rich with metaphors. There is the physical wire in the opening credits, a metaphor for surveillance more generally. There is the metaphor of the wire in the sense of a modern tightrope--another filmic work, Man on a Wire, comes to mind--where any minute one can lose one's balance. There is even the metaphor of the wire in the sense that... |
2018 |
|
| Anjali Vats , Deidré A. Keller |
CRITICAL RACE IP |
36 Cardozo Arts and Entertainment Law Journal 735 (2018) |
ABSTRACT. 736 Introduction. 737 I. Why Critical Race IP. 743 A. The Rise of the Intellectual Property Economy. 746 B. From CLS to Critical IP. 752 II. Locating Critical Race IP. 755 A. What is the Race in Critical Race IP?. 759 B. What is the IP in Critical Race IP?. 762 C. (Un)bounding Critical Race IP. 764 1. Storytelling as Critical Race IP... |
2018 |
|
| Ann C. Hodges, Justin Pugh |
CROSSING THE THIN BLUE LINE: PROTECTING LAW ENFORCEMENT OFFICERS WHO BLOW THE WHISTLE |
52 U.C. Davis Law Review Online 1 (June, 2018) |
Law enforcement makes headline news for shootings of unarmed civilians, departmental corruption, and abuse of suspects and witnesses. Also well-documented is the code of silence, the thin blue line, which discourages officers from reporting improper and unlawful conduct by fellow officers. Accordingly, accountability is challenging and mistrust of... |
2018 |
|
| Jason M. Shepard , Kathleen B. Culver |
CULTURE WARS ON CAMPUS: ACADEMIC FREEDOM, THE FIRST AMENDMENT, AND PARTISAN OUTRAGE IN POLARIZED TIMES |
55 San Diego Law Review 87 (Winter, 2018) |
C1-2Table of Contents I. Introduction. 88 II. Classrooms Going Viral: A New Phenomenon. 92 A. OCC Case: From the Classroom to National News. 92 B. New Technologies and Unintended Consequences. 96 C. The Conservative Media's Outrage Machine. 100 III. Academic Freedom Law. 106 A. OCC Case: Legal Issues Presented. 106 B. Campus Polarization Over... |
2018 |
|
| JP Perry |
DEFAMATION AND THE FIRST AMENDMENT: PROTECTING FREE SPEECH WHILE PROMOTING ACCOUNTABILITY UNDER TRUMP |
21 CUNY Law Review 259 (Fall, 2018) |
Introduction. 259 I. Background. 264 A. Constitutional Limitations on Defamation Law in the United States. 265 1. New York Times Company v. Sullivan: Articulating the Public Figure Actual Malice Standard. 265 2. Gertz v. Robert Welch, Inc.: Defining the General Purpose and Limited Purpose Public Figure. 268 3. Common Law Defamation Today: Libel... |
2018 |
|
| Allison M. Cunneen |
DEMANDING DUE PROCESS: TIME TO AMEND 8 U.S.C. § 1226(C) AND LIMIT INDEFINITE DETENTION OF CRIMINAL IMMIGRANTS |
83 Brooklyn Law Review 1497 (Summer, 2018) |
Alejandro Rodriguez came to the United States from Mexico with his family when he was an infant. Rodriguez became a lawful permanent resident (LPR) at age nine and has lived in the United States continuously since he first arrived. His family, including his parents, siblings, and three children, also live in the United States either as citizens or... |
2018 |
|
| Mary D. Fan |
DEMOCRATIZING PROOF: POOLING PUBLIC AND POLICE BODY-CAMERA VIDEOS |
96 North Carolina Law Review 1639 (June, 2018) |
There are two cultural revolutions in recording the police. From the vantage of police departments, there is the rapidly spreading uptake of police-worn body cameras. On the public side, community members are increasingly using their cell phone cameras to record the police. Together, these dual recording revolutions are generating important new... |
2018 |
|
| Barbara Bezdek |
DIGGING INTO DEMOCRACY: REFLECTIONS ON CED AND SOCIAL CHANGE LAWYERING AFTER #OWS |
77 Maryland Law Review Endnotes 16 (February 1, 2018) |
Imagine your city free of poverty, racism, violence. Now consider, how does the law you teach or practice bring that vision closer to reality? I ask myself this question, in response to a key flexion point in Professor Haber's article, CED After #OWS, which urges Community Economic Development (CED) lawyers to assess how tame the social justice... |
2018 |
|
| Tyler Quinn Yeargain |
DISCRETION versus SUPERSESSION: CALIBRATING THE POWER BALANCE BETWEEN LOCAL PROSECUTORS AND STATE OFFICIALS |
68 Emory Law Journal 95 (2018) |
Driven by shifts in public opinion, reform-minded prosecutors recently have unseated tough-on-crime incumbent prosecutors in local elections all across the United States. As these reformers institute more liberal prosecution policies, the tough-on-crime legal establishment in their states will be tempted to rely on laws allowing state officials... |
2018 |
|
| Jason McCloskey |
DISCRIMINATORYBNB: A DISCUSSION OF AIRBNB'S RACE PROBLEM, ITS NEW ANTI-DISCRIMINATION POLICIES, AND THE NEED FOR EXTERNAL REGULATION |
57 Washington University Journal of Law & Policy 203 (2018) |
Early in 2017, Airbnb capitalized on President Trump's much contested executive order instituting a travel ban from specific Muslim nations with an advertisement during Super Bowl LI entitled #WeAccept. Though some noticed the advertisement's implicit irony, given Airbnb's struggles with discrimination, it is important that the millions of other... |
2018 |
|
| Erin A. Penrod |
DISENFRANCHISEMENT 2.0: RECENT VOTER ID LAWS AND THE IMPLICATIONS THEREOF |
14 University of Saint Thomas Law Journal 207 (Spring, 2018) |
Black lives don't matter and neither do[ ] your votes--graffiti found in Durham, North Carolina on November 9, 2016, the day after Donald Trump was elected as the 45th President of the United States. Disguised as a necessary measure to protect the integrity of elections and to avoid voter fraud, the latest form of voter suppression is requiring a... |
2018 |
|
| Carol Goforth |
DIVERSITY IN LAW SCHOOL FACULTY HIRING: WHY IT IS A MISTAKE TO MAKE IT ALL ABOUT RACE |
56 University of Louisville Law Review 237 (2018) |
It is depressing to realize that we continue to live in a society where people are too often judged by the color of their skin rather than the content of their character. Despite widespread acknowledgment by most citizens that race alone is not an appropriate basis on which to judge individuals, progress in achieving a society where race, in and of... |
2018 |
|
| Dr. Julian Vasquez Heilig , Dr. Steven Nelson , Matt Kronzer |
DOES THE AFRICAN AMERICAN NEED SEPARATE CHARTER SCHOOLS? |
36 Law & Inequality: A Journal of Theory and Practice 247 (Summer, 2018) |
In Does the Negro Need Separate Schools?, W.E. Burghardt Du Bois asked if separate schools and institutions [were] needed for the proper education of African Americans. The existing system of public education in the United States includes some places that are excelling and some that are struggling. Overall, the United States performs in the... |
2018 |
|
| Craig Ettinger |
DOES THE HISTORY BEHIND THE ADOPTION OF THE FOURTH AMENDMENT DEMAND ABOLISHING THE THIRD-PARTY DOCTRINE? |
29 George Mason University Civil Rights Law Journal 1 (Fall, 2018) |
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Fourth... |
2018 |
|
| Sabrina G. Singer |
EMBRACING FEDERALISM IN SPECIAL PROSECUTION MODELS: AN ANALYSIS OF EXPERIMENTATION IN THE STATES |
51 Columbia Journal of Law and Social Problems 431 (Spring, 2018) |
The main project of this Note is to use the example of police officer-involved deaths of unarmed civilians to craft and apply different special prosecution models. In Part II, this Note starts from the proposition that a special prosecutor should supersede the local prosecutor to investigate and prosecute certain cases, such as the police-involved... |
2018 |
|
| Valeria Vegh Weis |
EMERGENCIES BLIND REASON: WHEN "FAST ON CRIME" UNDERMINES "SMART ON CRIME" |
57 Washburn Law Journal 337 (Spring, 2018) |
Throughout the first year since Donald Trump's election, a key element of his mandate has been calling for emergencies threatening the core values of the nation. The purpose of the article is to analyze Trump's emergency-based approach to criminal problems, its potentially negative effects in terms of encouraging ill and warlike criminal... |
2018 |
|
| Bill Piat |
ENTRADA: SLAVERY, RELIGION AND RECONCILIATION |
13 Intercultural Human Rights Law Review 1 (2018) |
Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the peaceful re-conquest of the Indigenous people by the Spanish colonizers. Controversy has... |
2018 |
|
| 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 |
|