AuthorTitleCitationSummaryYearKey Terms
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  
Lisa P. Ramsey FREE SPEECH CHALLENGES TO TRADEMARK LAW AFTER MATAL v. TAM 56 Houston Law Review 401 (Symposium, 2018) Trademark laws and free speech are on a collision course. In Matal v. Tam, the U.S. Supreme Court clarified that trademark laws are speech regulations subject to First Amendment scrutiny when it held that the federal trademark law denying registration to potentially disparaging marks was unconstitutional. Tam opens the door to wide-ranging free... 2018  
Elisabeth E. Constantino FREE SPEECH, PUBLIC SAFETY, & CONTROVERSIAL SPEAKERS: BALANCING UNIVERSITIES' DUAL ROLES AFTER CHARLOTTESVILLE 92 Saint John's Law Review 637 (Fall, 2018) On a humid night in August, 2017, self-proclaimed members of the alt-right gathered in Emancipation Park in Charlottesville, Virginia. Invoking Nazi imagery through clothing and chants, protestors entered the University of Virginia campus. Wielding weapons, marchers pelted protestors with water bottles, chemicals, tear gas, rocks, and hurled... 2018  
Arielle W. Tolman, David M. Shapiro FROM CITY COUNCIL TO THE STREETS: PROTESTING POLICE MISCONDUCT AFTER LOZMAN v. CITY OF RIVIERA BEACH 13 Charleston Law Review 49 (Fall, 2018) In June 2018, in Lozman v. City of Riviera Beach, the Supreme Court held 8-1 that the existence of probable cause for arrest does not categorically bar a First Amendment claim for damages. At issue in the case was the City of Riviera Beach's arrest of resident Fane Lozman as he spoke against public corruption during a city council meeting. In this... 2018  
Christopher J. Tyson FROM FERGUSON TO FLINT: IN SEARCH OF AN ANTISUBORDINATION PRINCIPLE FOR LOCAL GOVERNMENT LAW 34 Harvard Journal on Racial & Ethnic Justice 1 (Spring, 2018) Abstract. 1 Introduction. 2 I. The City vs. The Citizens. 7 A. Ferguson, Missouri. 7 B. Flint, Michigan. 16 II. Localism and Antisubordination. 22 III. Antisubordination in Local Government Law. 30 A. Land Use and Housing. 30 B. Metropolitan Organization. 37 C. Anti-Discrimination. 39 D. Participatory Democracy. 41 E. Federal Civil Rights. 46 IV.... 2018  
Svana M. Calabro FROM THE MESSAGE BOARD TO THE FRONT DOOR: ADDRESSING THE OFFLINE CONSEQUENCES OF RACE- AND GENDER-BASED DOXXING AND SWATTING 51 Suffolk University Law Review 55 (2018) If you've never been on the receiving end of a viral Internet hate mob, it's hard to convey the confluence of galloping adrenaline and roaring dread. At ten o'clock on a Sunday night, while her children were in bed, flashing police lights suddenly flooded Congresswoman Katherine Clark's home. Clark looked outside and saw police cruisers... 2018  
William Rhee , Stephen C. Scott GEOGRAPHIC DISCRIMINATION: OF PLACE, SPACE, HILLBILLIES, AND HOME 121 West Virginia Law Review 531 (Winter 2018) Abstract. 533 I. Introduction. 534 II. Basic Human Capabilities at Home. 538 A. The Capabilities Approach. 538 B. Central Capabilities Need Place and Space. 540 1. A Home of One's Own. 541 2. A Job of One's Own. 544 3. A School of One's Own. 545 III. Politically Incorrect Locational Prejudice. 545 A. An Intersectional or Multidimensional Concept.... 2018  
John Bowden GOP lawmaker tweets out reporter's cell number over emailed question 2018 The Hill 4183430 (September 1, 2018) A Republican congressman from Iowa tweeted a screenshot of an email sent by a journalist for The Associated Press on Friday that appeared to contain the journalist's cell phone number. 2018  
Rachel Levinson-Waldman GOVERNMENT ACCESS TO AND MANIPULATION OF SOCIAL MEDIA: LEGAL AND POLICY CHALLENGES 61 Howard Law Journal 523 (Spring, 2018) INTRODUCTION. 523 I. LAW ENFORCEMENT MONITORING OF PUBLICLY AVAILABLE SOCIAL MEDIA. 525 A. Following Individuals, Groups, or Affiliations. 526 1. Technology and Case Studies. 526 2. Constitutional and Policy Considerations. 531 a. Fourth, First, and Fourteenth Amendment. 532 B. Using an Informant, a Friend of the Target, or an Undercover Account to... 2018  
Stephanie H. Jones GREATER THAN THE SUM OF ITS PARTS: THE INTEGRATION OF ENVIRONMENTAL JUSTICE ADVOCACY AND ECONOMIC POLICY ANALYSIS 26 New York University Environmental Law Journal 402 (2018) Introduction. 403 I. Development of the Role of Cost-Benefit Analysis in Environmental Policymaking. 405 A. Overview of Cost-Benefit Analysis Methodology. 405 B. Development of the Role of Cost-Benefit Analysis in U.S. Regulatory Policymaking. 408 C. Development of Cost-Benefit Analysis with Respect to Environmental Policy Specifically. 410 II. The... 2018  
Mary N. Beall GUTTING THE FOURTH AMENDMENT: JUDICIAL COMPLICITY IN RACIAL PROFILING AND THE REAL-LIFE IMPLICATIONS 36 Law & Inequality: A Journal of Theory and Practice 145 (Winter, 2018) Thirteen years, eleven months, twenty-two days, and approximately forty-six police stops filled the time between Philando Castile's first and final traffic stop. The majority of Mr. Castile's interactions with Minnesota's law enforcement officers were initiated pursuant to minor traffic infractions and only six stop records detailed traffic... 2018  
Katherine J. King HELLER AS POPULAR CONSTITUTIONALISM? THE OVERLOOKED NARRATIVE OF ARMED BLACK SELF-DEFENSE 20 University of Pennsylvania Journal of Constitutional Law 1237 (May, 2018) On July 6, 2016, Diamond Lavish Reynolds live streamed a video on Facebook that was seen by millions of people in the days that followed. This video depicts the final moments of Philando Castile, Reynolds' thirty-two-year-old, black boyfriend, who had just been shot by Jeronimo Yanez, a Saint Anthony, Minnesota police officer. Viewers observe... 2018  
Monica C. Bell HIDDEN LAWS OF THE TIME OF FERGUSON 132 Harvard Law Review Forum 1 (October, 2018) Every society is really governed by hidden laws, by unspoken but profound assumptions on the part of the people, and ours is no exception. It is up to the American writer to find out what these laws and assumptions are. In a society much given to smashing taboos without thereby managing to be liberated from them, it will be no easy matter. --James... 2018  
Bruce A. Kimball , Daniel R. Coquillette HISTORY AND HARVARD LAW SCHOOL 87 Fordham Law Review 883 (December, 2018) In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an... 2018  
Nazgol Ghandnoosh , The Sentencing Project, Washington, DC, 202-628-0871, Email nghandnoosh@sentencingproject.org, Website www.sentencingproject.org HOW DEFENSE ATTORNEYS CAN ELIMINATE RACIAL DISPARITIES IN CRIMINAL JUSTICE 42-JUN Champion 36 (June, 2018) Why did Judge Aaron Persky not sentence Stanford University student-athlete Brock Turner to longer than six months in jail for sexually assaulting an unconscious woman? Why was Texas teenager Ethan Couch, characterized as suffering from affluenza sentenced to only probation for a drunk driving accident that killed four people? Why was Dylann... 2018  
Jesus A. Alonso HOW POLICE CULTURE AFFECTS THE WAY POLICE DEPARTMENTS VIEW AND UTILIZE DEADLY FORCE POLICIES UNDER THE FOURTH AMENDMENT 60 Arizona Law Review 987 (2018) Police are an important part of our criminal justice system. When people begin to lose faith and trust in the police, chaos inevitably erupts. Although we are not at a breaking point yet, recent controversies and examinations of police departments have found that there are disparities in police use-of-force strategies that allow some police... 2018  
Ryan M. Walters HOW TO TELL A FAKE: FIGHTING BACK AGAINST FAKE NEWS ON THE FRONT LINES OF SOCIAL MEDIA 23 Texas Review of Law and Politics 111 (Fall, 2018) In the span of a few years, fake news slithered out from the recesses of the web to ultimately become one of the greatest threats to civil political discourse. This digital menace has capitalized on the consumer shift to online news consumption--in particular, the increasing trend of news consumers migrating to social media sites. However, the... 2018  
Engy Abdelkader HUMANITARIAN ISLAM 30 Pace International Law Review 175 (Spring, 2018) In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the... 2018  
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  
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  
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  
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  
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  
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