| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Pamela Wolf, J.D. |
LITIGATION NEWS, TRENDS-EMPLOYEE SUES EMPLOYER FOR FORCED RESIGNATION AFTER FLIP-OFF OF TRUMP WENT VIRAL |
2018 Wolters Kluwer Employment Law Daily 1633368 (April 5, 2018) |
A former employee has filed a lawsuit asserting that her employer, Akima, LLC, forced her to resign after an image of the employee flipping off President Trump's motorcade went viral. Akima, a government contractor in Herndon, Virginia, purportedly did not want to be associated with opposition to the President. The plaintiff contends that her... |
2018 |
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| Katherine A. Macfarlane |
LOS ANGELES v. MENDEZ: PROXIMATE CAUSE PROMISE FOR POLICE SHOOTING VICTIMS |
118 Columbia Law Review Online 48 (February 5, 2018) |
County of Los Angeles v. Mendez, the Supreme Court's recent decision rejecting shooting victims' excessive force claims, has been written off as yet another case in which police violence has no civil rights consequences. The Court found that the deputies who shot Jennifer Garcia and Angel Mendez fifteen times used reasonable force because Mendez... |
2018 |
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| Timothy Zick |
MANAGING DISSENT |
95 Washington University Law Review 1423 (2018) |
In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a managed speech approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse,... |
2018 |
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| |
Mandela's grandson: Trump tweet about South Africa shows 'total ignorance of reality' |
(August 24, 2018) |
Nelson Mandelas grandson slammed President Trump on Thursday for arrogant tweets about South Africas land reform program |
2018 |
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| Tracey Maclin , Maria Savarese |
MARTIN LUTHER KING, JR. AND PRETEXT STOPS (AND ARRESTS): REFLECTIONS ON HOW FAR WE HAVE NOT COME FIFTY YEARS LATER |
49 University of Memphis Law Review 43 (Fall, 2018) |
I. Introduction. 43 A. Pretext Stops in America. 45 B. Pretext Stops and the Fourth Amendment. 50 II. The Impact of Whren v. United States. 54 III. The Numbers Today--Driving While Black Remains a Reality. 65 A. Stanford Open Policing Project. 66 B. Department of Justice Special Reports. 68 C. Department of Justice Investigation of the Ferguson,... |
2018 |
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| Mark Conrad |
MATAL v. TAM--A VICTORY FOR THE SLANTS, A TOUCHDOWN FOR THE REDSKINS, BUT AN AMBIGUOUS JOURNEY FOR THE FIRST AMENDMENT AND TRADEMARK LAW |
36 Cardozo Arts and Entertainment Law Journal 83 (2018) |
Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed immoral, deceptive, or scandalous; or those which may disparage individuals. This provision was the subject of a challenge by an Asian-American dance-rock band named The Slants after the trademark examiner refused to... |
2018 |
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| John Charles Boger |
MCCLESKEY v. KEMP: FIELD NOTES FROM 1977-1991 |
112 Northwestern University Law Review 1637 (2018) |
Abstract--The litigation campaign that led to McCleskey v. Kemp did not begin as an anti-death-penalty effort. It grew in soil long washed in the blood of African-Americans, lynched or executed following rude semblances of trials and hasty appeals, which had prompted the NAACP from its very founding to demand simple justice in individual criminal... |
2018 |
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| Maria R. Volpe, Bradley L. Roth |
MEDIATION CAPACITY BUILDING WITH LIBERIAN DIASPORA COMMUNITIES: SOME OBSERVATIONS |
19 Cardozo Journal of Conflict Resolution 709 (Spring, 2018) |
Mediation has been a method of conflict resolution for millenia, but since the 1970s, it has become progressively more widely recognized and established as an essential component of efforts to peaceably resolve conflicts in the U.S. and many other countries. Countless mediation scholars, practitioners, trainers, and program administrators have... |
2018 |
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| Cale Jaffe |
MELTING THE POLARIZATION AROUND CLIMATE CHANGE POLITICS |
30 Georgetown Environmental Law Review 455 (Spring, 2018) |
Climate change has become one of the most highly polarized political problems, but it was not always this way. As recently as 2008, leading Republicans and Democrats agreed on the implications of global warming research. This Article charts how the United States moved from a bipartisan agreement on the need to address climate change to the current... |
2018 |
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| Mae C. Quinn |
MISSOURI *@!!?*@! - TOO SLOW |
62 Saint Louis University Law Journal 847 (Summer, 2018) |
Hound dogs on my trail School children sitting in jail Black cat cross my path I think every day's gonna be my last Picket lines School boycotts They try to say it's a communist plot All I want is equality For my sister my brother my people and me I don't trust you any more [All] You keep on saying [is] Go slow! But that's just the trouble Do it... |
2018 |
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| The Honorable Eric H. Holder, Jr. |
MLK50 SYMPOSIUM: WHERE DO WE GO FROM HERE? KEYNOTE ADDRESS |
49 University of Memphis Law Review 33 (Fall, 2018) |
Thank you. Good afternoon, everybody. I want to thank President Rudd, Dean Letsou, and President Freeman for inviting me here today. Louise, it's always good to see you--and you bring Doug with you, of course. Thank you, Senator Doug Jones, for your kind words and warm welcome but also for your service to our country. Now as a person who has worked... |
2018 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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