| Author | Title | Citation | Summary | Year | Relevancy |
| Tryon P. Woods |
THE IMPLICIT BIAS OF IMPLICIT BIAS THEORY |
10 Drexel Law Review 631 (2018) |
Legal liberalism, as well as critical race theory, has examined issues of race, racism, and equality by focusing on the exclusion and marginalization of those subjects and bodies marked as different and/or inferior. The disadvantage of this approach is that the proposed remedies and correctives to the problem-- inclusion, protection, and greater... |
2018 |
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| Michael D. White , Henry F. Fradella |
THE INTERSECTION OF LAW, POLICY, AND POLICE BODY-WORN CAMERAS: AN EXPLORATION OF CRITICAL ISSUES |
96 North Carolina Law Review 1579 (June, 2018) |
Police body-worn cameras (BWCs) have diffused rapidly among U.S. law enforcement, in part because of early studies which suggested that the technology could produce important outcomes for police and their communities. The potential for BWCs to produce positive outcomes is affected by a wide range of issues tied to program planning and... |
2018 |
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| Thomas Ward Frampton |
THE JIM CROW JURY |
71 Vanderbilt Law Review 1593 (October, 2018) |
Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting the Jim Crow jury actively fought, both inside and outside the... |
2018 |
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| Tomiko Brown-Nagin |
THE LONG RESISTANCE |
36 Law and History Review 441 (August, 2018) |
We are living in an age of political turbulence, social division, and resistance. The resistance that formed in reaction to the election of Donald Trump styles itself a force to defend constitutional rights, democratic norms, and the rule of law in the United States. Perhaps the New Republic best explained its advent: the Resistance had been born... |
2018 |
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| Erez Aloni |
THE MARITAL WEALTH GAP |
93 Washington Law Review 1 (March, 2018) |
Abstract: Married couples are wealthier than people in all other family structures. The top 10% of wealth holders are, in great proportion, married. Even among the wealthiest households, married couples hold significantly more wealth than others. The Article identifies this phenomenon as the Marital Wealth Gap, and critiques the role of diverse... |
2018 |
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| Anupam Chander , Vivek Krishnamurthy |
THE MYTH OF PLATFORM NEUTRALITY |
2 Georgetown Law Technology Review 400 (Spring, 2018) |
In 1986, science and technology studies scholar Langdon Winner wrote, The issues that divide or unite people in society are settled not only in the institutions and practices of politics proper, but also, and less obviously, in tangible arrangements of steel and concrete, wires and transistors, nuts and bolts. To that list, we might add the... |
2018 |
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| David Decosimo, Assistant Professor, School of Theology, Boston University |
THE NEW GENEALOGY OF RELIGIOUS FREEDOM |
33 Journal of Law and Religion 3 (April, 2018) |
This article pursues an immanent critique of a scholarly movement and mood that I call the new genealogy of religious freedom and sketches an alternative proposal. The new genealogy of religious freedom claims that religious freedom is incoherent, systemically biased, oppressive, ideological--and necessarily so. Its critique deploys a methodology... |
2018 |
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| Etienne C. Toussaint |
THE NEW GOSPEL OF WEALTH: ON SOCIAL IMPACT BONDS AND THE PRIVATIZATION OF PUBLIC GOOD |
56 Houston Law Review 153 (Fall, 2018) |
Since Andrew Carnegie penned his famous Gospel of Wealth in 1889, corporate philanthropists have championed considerable public good around the world, investing in a wide range of social programs addressing a diversity of public issues, from poverty to healthcare to criminal justice. Nevertheless, the problem of the Rich and the Poor, as termed... |
2018 |
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| Charles S. Nary |
THE NEW HECKLER'S VETO: SHOUTING DOWN SPEECH ON UNIVERSITY CAMPUSES |
21 University of Pennsylvania Journal of Constitutional Law 305 (October, 2018) |
We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people. --John F. Kennedy In March of 2017, Dr. Charles Murray was invited by a... |
2018 |
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| Anne C. Dailey, Laura A. Rosenbury |
THE NEW LAW OF THE CHILD |
127 Yale Law Journal 1448 (April, 2018) |
ABSTRACT. This Article sets forth a new paradigm for describing, understanding, and shaping children's relationship to law. The existing legal regime, which we term the authorities framework, focuses too narrowly on state and parental control over children, reducing children's interests to those of dependency and the attainment of autonomy. In... |
2018 |
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THE PARADOX OF "PROGRESSIVE PROSECUTION" |
132 Harvard Law Review 748 (December, 2018) |
When Freddie Gray woke up on April 12, 2015, he surely did not know that he would soon enter a coma only to die a week later. That morning, he walked to breakfast in his old West Baltimore neighborhood with two of his best friends. The restaurant they wanted to visit was closed, however, so they left. At some point on the way home, they encountered... |
2018 |
|
| Valerie Schneider |
THE PRISON TO HOMELESSNESS PIPELINE: CRIMINAL RECORD CHECKS, RACE, AND DISPARATE IMPACT |
93 Indiana Law Journal 421 (Spring, 2018) |
Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism, yet those with criminal records--a population that disproportionately consists of racial minorities--are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the... |
2018 |
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| Kelsey Schwarzrock |
THE PROCESS OF PEACE: USING COMMUNITY DISPUTE RESOLUTION TO IMPROVE THE RELATIONSHIP BETWEEN POLICE AND COMMUNITY IN MINNESOTA |
39 Mitchell Hamline Law Journal of Public Policy and Practice 87 (Spring, 2018) |
Introduction. 88 I. Background. 89 A. A Brief History of CDR. 90 B. How is CDR Currently Used?. 92 1. The Current Landscape of ADR in Minnesota. 92 a. Collaborative Problem-Solving. 93 b. Restorative Practices. 94 c. Community Mediation. 96 2. Minnesota's Struggle with Police Shootings. 97 3. National Initiative for Building Community Trust and... |
2018 |
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| Elizabeth Jones |
THE PROFITABILITY OF RACISM: DISCRIMINATORY DESIGN IN THE CARCERAL STATE |
57 University of Louisville Law Review 61 (2018) |
The name Kalief Browder is familiar to many. Beginning at age sixteen, Browder was incarcerated on Riker's Island, where he spent most of his time in solitary confinement. Browder remained in detention due to his family's financial inability to post bail for the theft of a backpack, a charge that was later dismissed. After his release, he... |
2018 |
|
| Keith D. Stewart |
THE PROHIBITION ERA AND POLICING: A LEGACY OF MISREGULATION: BY WESLEY M. OLIVER | VANDERBILT UNIVERSITY PRESS | $27.95 | 280 PAGES | 2018 |
54-SEP Tennessee Bar Journal 25 (September, 2018) |
An ancient attic in Maine held an antebellum treasure until Professor Wesley Oliver ferreted it out. Lying prone before him in a rusty, dusty trunk was the origin of the exclusionary rule. Once thought to be the creation of the Supreme Court in 1886, the exclusionary rule actually came to life in 1854 in Maine and then lay dormant for 32 years.... |
2018 |
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| Michael Kagan |
THE PUBLIC DEFENDER'S PIN: UNTANGLING FREE SPEECH REGULATION IN THE COURTROOM |
112 Northwestern University Law Review 1245 (2018) |
Abstract--Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear Black Lives Matter pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in... |
2018 |
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| John Inazu |
THE PURPOSE (AND LIMITS) OF THE UNIVERSITY |
2018 Utah Law Review 943 (2018) |
Scholars of the university have produced volumes about growing pressures on the coherence and purpose of institutions of higher education. Meanwhile, legal scholars' writing about the university has typically focused on its First Amendment dimensions. This Article links insights from these two groups of scholars to explore the purpose of the... |
2018 |
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| Bruce Ledewitz |
THE RESURRECTION OF TRUST IN AMERICAN LAW AND PUBLIC DISCOURSE |
56 Duquesne Law Review 21 (Summer, 2018) |
I. Introduction. 21 II. What is the Death of Truth?. 22 III. How Did the Absence of Trust that Leads to the Death of Truth Come About?. 28 IV. What Can Be Done about the Loss of Trust that Leads to the Death of Truth?. 37 V. Regaining Self-Government. 43 VI. Conclusion. 46 |
2018 |
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| Scott E. Sundby |
THE RUGGED INDIVIDUAL'S GUIDE TO THE FOURTH AMENDMENT: HOW THE COURT'S IDEALIZED CITIZEN SHAPES, INFLUENCES, AND EXCLUDES THE EXERCISE OF CONSTITUTIONAL RIGHTS |
65 UCLA Law Review 690 (April, 2018) |
Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag.... |
2018 |
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| Jeremy K. Kessler , David E. Pozen |
THE SEARCH FOR AN EGALITARIAN FIRST AMENDMENT |
118 Columbia Law Review 1953 (November, 2018) |
Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation--generating widespread accusations that the Court has created a new Lochner. This introduction to the Columbia Law Review's Symposium on Free Expression... |
2018 |
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| Cedric Merlin Powell |
THE STRUCTURAL DIMENSIONS OF RACE: LOCK UPS, SYSTEMIC CHOKEHOLDS, AND BINARY DISRUPTIONS |
57 University of Louisville Law Review 7 (2018) |
Disrupting traditional conceptions of structural inequality, state decision-making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman Jr.'s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler's evocative and transformative book, Chokehold. While both books grapple... |
2018 |
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| Myron Orfield , William Stancil |
THE SUMMIT FOR CIVIL RIGHTS: MISSION, STRUCTURE, AND INITIAL OUTCOMES |
36 Law & Inequality: A Journal of Theory and Practice 191 (Summer, 2018) |
The Summit for Civil Rights began with a simple premise. In decades past, Americans built a powerful and transformative Civil Rights Movement. Although that movement won historic victories, many of the problems it sought to address--racial segregation, economic inequality, and a persistent lack of opportunity in many communities--have remained, or... |
2018 |
|
| John Bennett |
THE TOTALITARIAN IDEOLOGICAL ORIGINS OF HATE SPEECH REGULATION |
46 Capital University Law Review 23 (Winter, 2018) |
Obviously, political correctness is a strategy of intimidation in the struggle for intellectual and educational power. - Arthur Schlesinger, Jr., historian and special assistant to John F. Kennedy For many members of the former Marxist left, the death of Communism has been replaced equally fervidly with advocacy of the new Pc. - Ronald Radosh,... |
2018 |
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| Kathryn P. Banks, J.D., LL.M., DIRECTOR, CHILDREN'S RIGHTS CLINIC, WASHINGTON UNIVERSITY SCHOOL OF LAW |
THE TRICKLE UP EFFECT: INCORPORATING AN UNDERSTANDING OF IMMIGRATION LAW AND POLICIES INTO BEST INTEREST ANALYSIS IN STATE CHILD WELFARE PROCEEDINGS |
17 Washington University Global Studies Law Review 627 (2018) |
Immigration law is an area of legal practice that requires an understanding of a complex, ever-changing landscape. With policies and laws widely changing, sometimes within the span of 280 characters, immigration attorneys have to be ready to address each crisis facing our nation's broken immigration system. In the past eight weeks, the United... |
2018 |
|
| Jonathan Todres |
THE TRUMP EFFECT, CHILDREN, AND THE VALUE OF HUMAN RIGHTS EDUCATION |
56 Family Court Review 331 (April, 2018) |
Since launching his presidential campaign, Donald Trump's rhetoric has often been divisive as well as demeaning of selected groups. This article examines the impact of Trump's rhetoric on children and their communities and explores the role that human rights education can play in responding to Trump and forging broader support for human rights. The... |
2018 |
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| Natalie Nanasi |
THE U VISA'S FAILED PROMISE FOR SURVIVORS OF DOMESTIC VIOLENCE |
29 Yale Journal of Law & Feminism 273 (2018) |
Abstract: Recognizing the unique vulnerabilities of immigrants who become victims of crime in the United States, Congress enacted the U visa, a form of immigration relief that provides victims, including survivors of domestic violence, a path to lawful status. Along with this humanitarian aim, the U visa was intended to aid law enforcement in... |
2018 |
|
| Bruce Zagaris |
THE U.S. AND INTERNATIONAL LAW ON ELECTION INTERFERENCE |
34 International Enforcement Law Reporter 114 (March 1-March 31, 2018) |
On March 7, 2018, Eddie Skolnick and Jessica Alsart, both students at Georgetown Law School, introduced the Georgetown Law School's Global Law program entitled Election Interference and International Law and announced the program has prepared a paper. Carrie Cordero (CC), Counsel at Zwill Gen PLLC, said the U.S. intelligence community has... |
2018 |
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| Adam Crepelle |
THE UNITED STATES FIRST CLIMATE RELOCATION: RECOGNITION, RELOCATION, AND INDIGENOUS RIGHTS AT THE ISLE DE JEAN CHARLES |
6 Belmont Law Review 1 (2018) |
INTRODUCTION. 2 I. HOW THE RESIDENTS OF THE ISLAND BECAME CLIMATE REFUGEES. 4 A. Taming the Mississippi. 5 B. The Oil Industry. 6 II. LOUISIANA'S COASTAL INDIGENOUS COMMUNITIES. 8 A. Indian Tribes, the Environment, and Federal Recognition. 9 B. A Brief History of Louisiana's Coastal Tribes. 13 C. Cultural Struggles and the Environment. 17 III.... |
2018 |
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| Lisa R. Pruitt |
THE WOMEN FEMINISM FORGOT: RURAL AND WORKING-CLASS WHITE WOMEN IN THE ERA OF TRUMP |
49 University of Toledo Law Review 537 (Spring, 2018) |
I. Forgotten, Invisible, Hidden. 543 A. Rural Americans. 543 B. Working-Class Whites. 547 II. From Neglect to Contempt. 552 III. So What's Been Going on with Those Women While We Weren't Looking?. 557 A. The Gendered Rural Socioeconomic Milieu. 557 B. Violence Against Women and Rural Porn. 560 C. Deaths of Despair. 561 IV. The 2016 Election:... |
2018 |
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| Richard A. Epstein |
THE WRONG RIGHTS, OR: THE INESCAPABLE WEAKNESSES OF MODERN LIBERAL CONSTITUTIONALISM |
85 University of Chicago Law Review 403 (March, 2018) |
My thesis is that modern progressive or social-democratic liberal constitutionalism invites economic decline and political polarization, even if it avoids the massive institutional rot that pervades authoritarian regimes. Its key omission is its conscious decision not to specify the protected individual rights, of which individual autonomy, private... |
2018 |
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