| Author | Title | Citation | Summary | Year | Relevancy |
| Rory Kramer , Brianna Remster |
STOP, FRISK, AND ASSAULT? RACIAL DISPARITIES IN POLICE USE OF FORCE DURING INVESTIGATORY STOPS |
52 Law and Society Review 960 (December, 2018) |
Black civilians are more likely to be stopped by police than white civilians net of relevant factors. Less is known about whether or not racial inequalities exist in police use of force during stops. Using data on over 2 million police stops in New York City from 2007 to 2014 and drawing on literatures on race, policing, and the Black Lives Matter... |
2018 |
|
| Ellen Yaroshefsky |
SYMPOSIUM INTRODUCTION |
47 Hofstra Law Review 1 (Fall, 2018) |
Many lawyers who advise, counsel, and otherwise participate in social justice organizations are called movement lawyers. They work with organizations such as Black Lives Matter, Make the Road, the Community Justice Project, the Center for Constitutional Rights, workers' rights collectives, and loosely-organized community groups to use the law to... |
2018 |
|
| Joanna C. Schwartz |
SYSTEMS FAILURES IN POLICING |
51 Suffolk University Law Review 535 (2018) |
Four years ago, Ferguson Police Officer Darren Wilson killed Michael Brown. Brown's death has been credited with changing the national conversation about police violence. Yet, since Michael Brown's death, thousands of people have been killed by the police. Hundreds of them were unarmed. And the public response to each killing--at least each killing... |
2018 |
|
| I. Bennett Capers |
TECHNO-POLICING |
15 Ohio State Journal of Criminal Law 495 (Spring, 2018) |
In July 2017, the New York Times reported that Three Square Market, a Wisconsin-based technology company, was asking its employees to have a microchip the size of a grain of rice injected between their thumb and index finger. Responding to privacy concerns raised by the media, the Chief Executive Officer of Three Square Market made clear that the... |
2018 |
|
| Owen Fiss |
THE ACCUMULATION OF DISADVANTAGES |
106 California Law Review 1945 (December, 2018) |
The continued subjugation of a historically disadvantaged group is the product of policies that cut across all walks of life. Members of such a group are personally shunned, their educational opportunities are impaired, the jobs open to them are limited, and they are confined to living with one another in the same neighborhood, usually in the... |
2018 |
|
| Christopher Ross |
THE ALT-RIGHT, THE CHRISTIAN RIGHT, AND IMPLICATIONS ON FREE SPEECH |
20 Rutgers Journal of Law & Religion 47 (Fall, 2018) |
2016 brought a lot of things, but perhaps most alarming was the rise of the Alternate-Right, or in short, the Alt-Right. The Alt-Right had a meteoric rise to prominence, especially as the political spectrum in the United States became increasingly polarized. While the Alt-Right is widely known to be a fringe group much further right than the... |
2018 |
|
| Neda Saghafi |
THE AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN: USING A HUMAN RIGHTS FRAMEWORK TO DECONSTRUCT SYSTEMIC POLICE MISCONDUCT AGAINST LOW-INCOME WOMEN OF COLOR |
10 Northeastern University Law Review 502 (Summer, 2018) |
The history of hierarchical identities has become enmeshed in U.S. policing. Given the multiple forms of discrimination that arise from intersecting identities, low-income women of color are at high risk of police misconduct. The existence of violent, hegemonic masculinity in police culture, in conjunction with problematic policing policies, such... |
2018 |
|
| Marvin Zalman |
THE ANTI-BLACKSTONIANS |
48 Seton Hall Law Review 1319 (2018) |
I. INTRODUCTION. 1320 II. CONTEXTS FOR THINKING ABOUT THE BLACKSTONE PRINCIPLE. 1329 A. The Innocence Movement and Its Critics. 1329 B. The Ideal of Balanced Justice. 1336 C. Criminologists on Blackstone. 1338 1. Bushway on the Blackstone Ratio. 1338 2. Forst on Reasonable Doubt. 1342 III. OVERVIEW AND INTERNAL CRITIQUES OF EPPS, LAUDAN AND ALLEN,... |
2018 |
|
| Kimberlee Gee |
THE ATTACK ON POLITICAL SPEECH AND BLACK ACTIVISM: WHAT THE NFL PROTESTS ARE TEACHING US ABOUT CIVIL LIBERTIES AND CIVIL RIGHTS |
23-APR NBA National Bar Association Magazine 8 (April, 2018) |
Unless you have been living in a bubble, you are likely aware of the National Football League (NFL) protests that have been taking place across the country. While these NFL protests commenced during the 2016 football season, they began to grow even more in scale and gained even more attention after President Donald Trump's comments at an Alabama... |
2018 |
|
| Dr. Donald F. Tibbs , Justin Hollinger |
THE BEND AT THE END: WHAT LAWYERS CAN LEARN ABOUT DISRUPTIONS AND INNOVATIONS IN CRIMINAL DEFENSE PRACTICE FROM MARKET ANALYSIS |
69 Mercer Law Review 901 (Spring, 2018) |
The link to the workers' struggle is located in the desire to blow up power at any point of its application. [P]ast performance is not an indicator of future success. In the world of stock market analysis, there is one certainty: the stock market is unpredictable. It acts with a will of its own, and despite experts' attempts at market forecast,... |
2018 |
|
| Devon W. Carbado , L. Song Richardson |
THE BLACK POLICE: POLICING OUR OWN LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA. BY JAMES FORMAN JR. NEW YORK, N.Y.: FARRAR, STRAUS AND GIROUX. 2017. PP. 306. $27.00 |
131 Harvard Law Review 1979 (May, 2018) |
Since Darren Wilson shot and killed Michael Brown in 2014, the problem of police violence against African Americans has been a relatively salient feature of nationwide discussions about race. Across the ideological spectrum, people have had to engage the question of whether, especially in the context of policing, it's fair to say that black lives... |
2018 |
|
| Scott Michelman |
THE BRANCH BEST QUALIFIED TO ABOLISH IMMUNITY |
93 Notre Dame Law Review 1999 (May, 2018) |
Qualified immunity--the legal doctrine that shields government officials from suit for constitutional violations unless the right they violate is sufficiently clear that every reasonable official would have understood that what he is doing violates that right--has come under increasing judicial and scholarly criticism from diverse ideological... |
2018 |
|
| Lindsey Dillon |
THE BREATHERS OF BAYVIEW HILL: REDEVELOPMENT AND ENVIRONMENTAL JUSTICE IN SOUTHEAST SAN FRANCISCO |
24 Hastings Environmental Law Journal 227 (Summer, 2018) |
The bus idled on a hilly residential street overlooking the Hunters Point Naval Shipyard--an irregularly shaped expanse of largely man-made land, extending into the San Francisco Bay from the southeastern edge of the city. It was a clear day in February 2015. Staff members from the city of San Francisco's environmental, health, and public works... |
2018 |
|
| Katie R. Eyer |
THE CANON OF RATIONAL BASIS REVIEW |
93 Notre Dame Law Review 1317 (January, 2018) |
The modern constitutional law canon fundamentally misdescribes rational basis review. Through a series of errors--of omission, simplification, and recharacterization--we have largely erased a robust history of the use of rational basis review by social movements to generate constitutional change. Instead, the story the canon tells is one of dismal... |
2018 |
|
| Nirej Sekhon |
THE CHOKEHOLD |
57 University of Louisville Law Review 43 (2018) |
Eric Garner's last words, I can't breathe became a political slogan for Black Lives Matter. Professor Paul Butler takes it from there in his most recent book, Chokehold. Equal parts exegesis, polemic, and self-help tract, he argues that a chokehold is more than just a brutal police tactic. It is a metaphor for a host of social practices that... |
2018 |
|
| Benjamin Levin |
THE CONSENSUS MYTH IN CRIMINAL JUSTICE REFORM |
117 Michigan Law Review 259 (November, 2018) |
It has become popular to identify a consensus on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct... |
2018 |
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| Reva B. Siegel |
THE CONSTITUTIONALIZATION OF DISPARATE IMPACT--COURT-CENTERED AND POPULAR PATHWAYS: A COMMENT ON OWEN FISS'S BRENNAN LECTURE |
106 California Law Review 2001 (December, 2018) |
Introduction. 2001 I. Disparate Impact's Constitutionalization: Fiss's Court-Centered Account. 2005 II. Disparate Impact's Constitutionalization: A Dialogic and Democratic Account. 2006 A. The Intent Requirement Shifts Civil Rights Remedies from Courts to Politics. 2007 B. (Re)reading Davis as Authorizing Disparate Impact. 2008 C. The Court... |
2018 |
|
| Kenneth Lasson |
THE DECLINE OF FREE SPEECH ON THE POSTMODERN CAMPUS: THE TROUBLING EVOLUTION OF THE HECKLER'S VETO |
37 Quinnipiac Law Review 1 (2018) |
I. Introduction. 2 II. The Evolution of the Heckler's Veto. 4 A. Courts' Treatment of the Heckler's Veto Over Time. 4 B. Modern Situations Invoking the Heckler's Veto Doctrine. 15 III. The Dilution of Free Speech Over the Past Half-Century. 17 A. Causes. 17 B. Effects. 18 1. Safe Spaces and Trigger Warnings. 18 IV. Trends. 28 A. Trigger Words... |
2018 |
|
| Gail Heriot, Alison Somin |
THE DEPARTMENT OF EDUCATION'S OBAMA-ERA INITIATIVE ON RACIAL DISPARITIES IN SCHOOL DISCIPLINE: WRONG FOR STUDENTS AND TEACHERS, WRONG ON THE LAW |
22 Texas Review of Law and Politics 471 (Spring, 2018) |
Introduction. 473 I. The Department of Education's Disparate Impact Policy Is Encouraging Discrimination Rather Than Preventing It.. 481 II. The Department of Education's Policy Is Leading to Increased Disorder in Schools.. 495 III. Racial Disparities in School Discipline Have Not Been Shown to Be the Root Cause of Racial Disparities in Adult Life,... |
2018 |
|
| Anna Spain Bradley |
THE DISRUPTIVE NEUROSCIENCE OF JUDICIAL CHOICE |
9 UC Irvine Law Review 1 (September, 2018) |
Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy--all... |
2018 |
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| Christi Metcalfe , Justin T. Pickett |
THE EXTENT AND CORRELATES OF PUBLIC SUPPORT FOR DETERRENCE REFORMS AND HOT SPOTS POLICING |
52 Law and Society Review 471 (June, 2018) |
As one approach to prison downsizing and criminal justice reform, scholars recommend altering the nature of policing by reallocating resources toward policing and increasing sentinel patrols and hot spots interventions. Public attitudes toward these reforms are unknown. In the current police crisis, shifting policies in ways disfavored by the... |
2018 |
|
| Jonathan C. Augustine |
THE FIERY FURNACE, CIVIL DISOBEDIENCE, AND THE CIVIL RIGHTS MOVEMENT: A BIBLICAL EXEGESIS ON DANIEL 3 AND LETTER FROM BIRMINGHAM JAIL |
21 Richmond Public Interest Law Review 243 (April 29, 2018) |
This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.'s untimely assassination in April 1968. It highlights some of King's most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King's famed Letter From... |
2018 |
|
| Justin Hansford |
THE FIRST AMENDMENT FREEDOM OF ASSEMBLY AS A RACIAL PROJECT |
127 Yale Law Journal Forum 685 (January 20, 2018) |
ABSTRACT. Beginning with the author's own experience of being arrested as a legal observer during a 2014 protest in Ferguson, Missouri, this Essay explores the fragile protection provided by the freedom of assembly for those who fight for racial justice. The Essay rejects free speech proponents' reliance on the First Amendment's ostensibly... |
2018 |
|
| Molly “Delaney” Nevius |
THE FIRST PRIDE WAS A RIOT: HOW QUEER ACTIVISM HAS PARTNERED WITH POLICE TO HURT THE COMMUNITY'S MOST VULNERABLE |
29 Hastings Women's Law Journal 125 (Winter, 2018) |
Each June, thousands of queer San Francisco residents celebrate queer power, community, and visibility. The Pride Parade, which began as a Gay Freedom Day Parade in 1970 to commemorate the one-year anniversary of the Stonewall Riots, has expanded into a weekend of celebrations. Today, the Dyke March is twenty-three years running, the Trans March... |
2018 |
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| Osagie K. Obasogie, Zachary Newman |
THE FUTILE FOURTH AMENDMENT: UNDERSTANDING POLICE EXCESSIVE FORCE DOCTRINE THROUGH AN EMPIRICAL ASSESSMENT OF GRAHAM v. CONNOR |
112 Northwestern University Law Review 1465 (2018) |
Abstract--Graham v. Connor established the modern constitutional landscape for police excessive force claims. The Supreme Court not only refined an objective reasonableness test to describe the constitutional standard, but also held that the Fourth Amendment is the sole avenue for courts to adjudicate claims that police violated a person's... |
2018 |
|
| Andrew Manuel Crespo |
THE HIDDEN LAW OF PLEA BARGAINING |
118 Columbia Law Review 1303 (June, 2018) |
The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates beyond the shadow of the law. That assumption holds true with respect to substantive and... |
2018 |
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| Hiroshi Fukurai, Alice Yang |
THE HISTORY OF JAPANESE RACISM, JAPANESE AMERICAN REDRESS, AND THE DANGERS ASSOCIATED WITH GOVERNMENT REGULATION OF HATE SPEECH |
45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) |
Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... |
2018 |
|
| Christine Schwöbel-Patel |
THE 'IDEAL' VICTIM OF INTERNATIONAL CRIMINAL LAW |
29 European Journal of International Law 703 (August, 2018) |
Two clichés make us laugh, a hundred clichés move us. - Umberto Eco The role of victims is increasingly central to discussions in, and practices of, international criminal law. This increased attentiveness to victims, I argue, is leading to a visual and discursive specification of victimhood. Drawing on criminologist Nils Christie's theorizing of... |
2018 |
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| Natalie Salmanowitz , Stanford Program in Neuroscience and Society, Stanford Law School, Stanford, CA, 94305, USA, Corresponding author. E-mail: nsalmanowitz@jd19.law.harvard.edu |
THE IMPACT OF VIRTUAL REALITY ON IMPLICIT RACIAL BIAS AND MOCK LEGAL DECISIONS |
5 Journal of Law & the Biosciences 174 (April, 2018) |
Implicit racial biases are one of the most vexing problems facing current society. These split-second judgments are not only widely prevalent, but also are notoriously difficult to overcome. Perhaps most concerning, implicit racial biases can have consequential impacts on decisions in the courtroom, where scholars have been unable to provide a... |
2018 |
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| Matthew R. Mattie |
THE IMPLICATIONS OF MAJOR NEWS OUTLETS BROADCASTING LAW ENFORCEMENT-CITIZEN ENCOUNTERS: ARE THEY RELIABLE? |
19 Journal of High Technology Law 130 (2018) |
From video recordings displaying the death of Eric Garner to the beating of Richard Hubbard III, major news outlets have shown videos that have forever changed American policing. Since 1991, the United States has experienced a handful of cases in which black men and women have died at the hands of police officers. Twelve-year old Tamir Rice was... |
2018 |
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