| Author | Title | Citation | Summary | Year | Relevancy |
| Samia E. McCall |
THINKING OUTSIDE OF THE RACE BOXES: A TWO-PRONGED APPROACH TO FURTHER DIVERSITY AND DECREASE BIAS |
2018 Brigham Young University Education and Law Journal 23 (2018) |
Diverse perspectives and experiences are central to academic quality because they expand creative thought and analysis, test unexamined assumptions, challenge accepted truths, and broaden understanding of ourselves and our world .. - Reverend Paul L. Locatelli In spite of increases in diversity across university campuses nationwide, American... |
2018 |
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| Makiba Gaines |
THIS MEANS WAR: A CASE FOR JUST REPARATIONS UNDER THE DOCTRINE OF INALIENABILITY |
30 Regent University Law Review 433 (2017-2018) |
A close examination of America's post-emancipation timeline reveals incessant cycles of racial discord marked by turbulent junctures of conflict between Blacks and American governments. Sustained antagonism is evinced by at least one major declaration of mass dissent every twenty to thirty years since ratification of the Thirteenth Amendment. Most... |
2018 |
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| Ronald T. Hosko |
THROUGH POLICE EYES--THE FERGUSON EFFECT SCARE |
23 Berkeley Journal of Criminal Law 9 (Spring, 2018) |
The dynamic world of American policing encountered a period of great turbulence during the closing years of Barack Obama's presidency. Some place blame at his feet while others recognize the broader complexities of police and community relations, the impact of serious and deadly use of force incidents, the amplifying effect of the media, expansion... |
2018 |
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| Ross E. Davies |
THURGOOD MARSHALL AND (AND VERSUS) JOHN W. DAVIS |
8 Journal of Law: A Periodical Laboratory of Legal Scholarship 1 (2018) |
The undated letter (obviously sent in late 1963) reproduced on the next page is a form letter (also obviously) sent by West Publishing Company to federal judges, announcing the company's annual distribution of snazzy appointment books - just a little courtesy to foster good relations between the law publisher and the producers of some of the most... |
2018 |
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| Cheryl Bratt |
TOP-DOWN OR FROM THE GROUND?: A PRACTICAL PERSPECTIVE ON REFORMING THE FIELD OF CHILDREN AND THE LAW |
127 Yale Law Journal Forum 917 (April 30, 2018) |
Children get a raw deal in this country--at the federal, state, and family levels. Consider, for example, the start of 2018, when Congress recast children as bargaining pieces, leveraging continued funding of the Children's Health Insurance Program (CHIP) over extending deportation protections to the Dreamers. While such debate raged in Washington,... |
2018 |
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| Amna A. Akbar |
TOWARD A RADICAL IMAGINATION OF LAW |
93 New York University Law Review 405 (June, 2018) |
In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... |
2018 |
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| P. Khalil Saucier |
TRACES OF THE SLAVE PATROL: NOTES ON BREED-SPECIFIC LEGISLATION |
10 Drexel Law Review 673 (2018) |
This Article explores the ways in which antiblackness haunts nationwide breed-specific legislation of today. Dogs have long featured as a constitutive element in the antiblack dynamics of police power. Central to slave patrols of the past, dogs remain essential to current law enforcement practices. The blackening of breed-specific legislation in... |
2018 |
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| Erwin Chemerinsky |
TRANSCRIPT OF KEYNOTE SPEECH |
54 Idaho Law Review 287 (2018) |
Stephon Clark, Michael Brown, Eric Garner, Laquan McDonald, Walter Scott-all of these individuals share something in common. They all were African-American men who were unarmed, who were killed by police officers. The most recent of these occurred just a few weeks ago in Sacramento--the name I mentioned first-- Stephon Clark. Police got a call of... |
2018 |
|
| Shristi Devu |
TRAPPED IN THE SHACKLES OF AMERICA'S CRIMINAL JUSTICE SYSTEM |
20 Scholar: St. Mary's Law Review on Race and Social Justice 217 (2018) |
Communities can be destroyed by both crime and punishment. --Paul Butler I. Historical Background. 219 II. The Law as a Weapon. 221 A. The Criminal Justice System and the War on Drugs. 222 1. The 3 Strikes Laws. 223 2. Mandatory Minimum Sentencing. 224 B. Prosecutorial Discretion. 225 III. Collateral Consequences. 225 A. Employment. 226 B.... |
2018 |
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| Edwin Lindo , Brenda Williams , Marc-Tizoc González |
UNCOMPROMISING HUNGER FOR JUSTICE: RESISTANCE, SACRIFICE, AND LATCRIT THEORY |
16 Seattle Journal for Social Justice 727 (Spring, 2018) |
Introduction. 730 I. Brenda Williams, Silence as a Precursor. 732 A. The Frisco 5 Hunger Strike for Justice. 738 B. Collecting the Facts of Injustice in San Francisco. 741 C. From Silence to Action. 744 D. Justicia: From the Background to the Center of Dialogue. 747 II. Edwin Lindo--Justicia y Sacraficio (Justice and Sacrifice). 751 A. Four... |
2018 |
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| Jennifer M. Chacón |
UNSETTLING HISTORY CITY OF INMATES: CONQUEST, REBELLION, AND THE RISE OF HUMAN CAGING IN LOS ANGELES, 1771-1965. BY KELLY LYTLE HERNÁNDEZ. CHAPEL HILL, N.C.: UNIVERSITY OF NORTH CAROLINA PRESS. 2017. PP. 301. $28.00 |
131 Harvard Law Review 1078 (February, 2018) |
At the time she set out to write City of Inmates, Professor Kelly Lytle Hernández wanted to tell the story of the long rise of incarceration in Los Angeles (p. 1). As a Los Angeles-based scholar, she was understandably drawn to study the question of how it was that Los Angeles came to operate[] the world's largest jail system. How did it come... |
2018 |
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| Chaz Arnett |
VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND THE ADULTIFICATION OF JUVENILE COURTS |
108 Journal of Criminal Law and Criminology 399 (Summer, 2018) |
In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander's groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening,... |
2018 |
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| Angela Onwuachi-Willig |
WHAT ABOUT #USTOO?: THE INVISIBILITY OF RACE IN THE #METOO MOVEMENT |
128 Yale Law Journal Forum 105 (June 18, 2018) |
abstract. Women involved in the most recent wave of the #MeToo movement have rightly received praise for breaking long-held silences about harassment in the workplace. The movement, however, has also rightly received criticism for both initially ignoring the role that a woman of color played in founding the movement ten years earlier and in failing... |
2018 |
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| Mario L. Barnes, Erwin Chemerinsky |
WHAT CAN BROWN DO FOR YOU?: ADDRESSING MCCLESKEY v. KEMP AS A FLAWED STANDARD FOR MEASURING THE CONSTITUTIONALLY SIGNIFICANT RISK OF RACE BIAS |
112 Northwestern University Law Review 1293 (2018) |
Abstract--This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court's opinion reinforced the cramped understanding that constitutional claims require evidence of... |
2018 |
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| Vid Sankar |
WHAT HAPPENS WHEN POLICE ROBOTS VIOLATE THE CONSTITUTION? REVISITING THE QUALIFIED IMMUNITY STANDARD FOR EXCESSIVE FORCE LITIGATION UNDER § 1983 REGARDING VIOLATIONS PERPETRATED BY ROBOTS |
20 Vanderbilt Journal of Entertainment and Technology Law 947 (Spring, 2018) |
Public concern surrounding excessive use of force by police officers and the overmilitarization of the police continues to grow. The use of police robots, both with and without artificial intelligence capabilities, is already transforming the practice of policing. Police use of robots gained national attention on July 7, 2016, when Dallas police... |
2018 |
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| Josephine Ross |
WHAT THE #METOO CAMPAIGN TEACHES ABOUT STOP AND FRISK |
54 Idaho Law Review 543 (2018) |
I felt helpless .. Like my [modeling] agency said, he has a lot of power. I've never experienced a pat-down in my life, where officers do not go into your pockets, do not go into your pants, do not open your jacket, do not fondle your genitals[.] C1-2TABLE OF CONTENTS I. INTRODUCTION. 543 II. ERIC GARNER. 546 III. THE FRISK. 549 A. Frisks as... |
2018 |
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| Shanice Dara Hinckson |
WHAT'S IN A NAME?: DEFINING TERRORISTS AND TERRORIST ORGANIZATIONS |
61 Howard Law Journal 397 (Winter, 2018) |
INTRODUCTION. 398 I. THE EVOLVING CONCEPT OF TERRORISM. 400 A. Origins of Terrorism. 401 B. Modern Terrorism in the United States. 402 II. DIVIDED WE FALL: IMPACT OF CURRENT STANDARD FOR CLASSIFYING AN INDIVIDUAL AS A TERRORIST AND AN ORGANIZATION AS A TERROR ORGANIZATION. 409 III. ONE NATION, ONE STANDARD: IMPLEMENTING ONE UNIFIED STANDARD FOR... |
2018 |
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| Steven W. Bender , Francisco Valdes , Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona |
WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
16 Seattle Journal for Social Justice 823 (Spring, 2018) |
Two decades and two years later, the larger riptides of contemporary social and political events continue to shape the substance, direction, and prospects of our shared work as activist scholars. Having acknowledged the complex connections between our programmatic work and history's contested arc throughout this time, we should not be surprised now... |
2018 |
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| Kimani Paul-Emile |
WHEN A WRONGFUL BIRTH CLAIM MAY NOT BE WRONG: RACE, INEQUALITY, AND THE COST OF BLACKNESS |
86 Fordham Law Review 2811 (May, 2018) |
The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent... |
2018 |
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| Hon. Bernice Bouie Donald |
WHEN THE RULE OF LAW BREAKS DOWN: IMPLICATIONS OF THE 1866 MEMPHIS MASSACRE FOR THE PASSAGE OF THE FOURTEENTH AMENDMENT |
98 Boston University Law Review 1607 (December, 2018) |
Scholars typically discuss the rule of law as an abstract concept, rather than a practical reality susceptible to failure. The Memphis Massacre of 1866 provides a valuable case study in the failure of foundational principles of the rule of law. After the Civil War, in Memphis, Tennessee, there was a massive influx of former slaves, coterminous with... |
2018 |
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| Demetria Frank , Daniel Kiel |
WHERE DO WE GO FROM HERE: MEMPHIS AND THE LEGACY OF DR. KING'S UNFINISHED WORK |
49 University of Memphis Law Review 1 (Fall, 2018) |
I. Introduction. 1 A. The Symbols. 2 B. The Reality. 4 II. The Topics. 6 A. Political Participation. 6 B. Education. 9 C. Criminal Justice. 13 D. Public Health and Housing. 19 III. Contemporary Activism in Memphis. 22 IV. Closing. 26 |
2018 |
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| Darren Lenard Hutchinson |
WHO LOCKED US UP? EXAMINING THE SOCIAL MEANING OF BLACK PUNITIVENESS: LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA: BY JAMES FORMAN, JR. FARRAR, STRAUS AND GIROUX, 2017 |
127 Yale Law Journal 2388 (June, 2018) |
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... |
2018 |
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| Alice E. Marwick |
WHY DO PEOPLE SHARE FAKE NEWS? A SOCIOTECHNICAL MODEL OF MEDIA EFFECTS |
2 Georgetown Law Technology Review 474 (Spring, 2018) |
In 2017, Peter Daou launched Verrit, a partisan news site targeted to Democratic voters disappointed with the results of the 2016 election. The site consists of single quotations, facts, and statistics, each formatted as a graphic and labeled with a unique identification code to indicate authenticity and accuracy. For instance, a Verrit article... |
2018 |
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| Kristine Ruhl |
"AN ALARMING TREND": THE DANGERS OF RECENTLY PROPOSED ANTI-PROTEST LEGISLATION |
22 Public Interest Law Reporter 95 (Spring, 2017) |
From the Black Lives Matter Movement, to the Dakota pipeline protests, to the record-breaking Women's Marches, to the various anti-Trump and anti-Trump legislation protests, America has experienced a rebirth of civil disobedience in recent years. However, the emergence of this new wave of activism has brought with it a torrent of proposed... |
2017 |
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| Teri A. McMurtry-Chubb |
"BURN THIS BITCH DOWN!": MIKE BROWN, EMMETT TILL, AND THE GENDERED POLITICS OF BLACK PARENTHOOD |
17 Nevada Law Journal 619 (Summer, 2017) |
C1-2Table of Contents Black Parenthood As Lethal. 622 Pathologizing Black Parenthood. 627 Politicizing Black Parenthood. 630 Black Motherhood in the Cause for Civil Rights. 639 Black Fatherhood in the Age of Black Lives Matter. 643 Burn This Bitch Down!. 648 |
2017 |
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| Benjamin Brafman, Esq. , Darren Stakey, Esq. |
"FACTS ARE STUBBORN THINGS": PROTECTING DUE PROCESS FROM VIRULENT PUBLICITY |
33 Touro Law Review 441 (2017) |
C1-2TABLE OF CONTENTS I. Introduction II. The Rise of Modern Media and its Implications A. Press Influence in the Age of the Printed Word - Dr. Sam Sheppard B. United States Supreme Court's Response to Ever-Evolving Tensions Among the Amendments C. News Media Treatment of the First and Last Trials of the [Twentieth] Century D. Media Expansion in... |
2017 |
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| Joseph Russomanno |
"FALSEHOOD AND FALLACIES": BRANDEIS, FREE SPEECH AND TRUMPISM |
22 Communication Law and Policy 155 (Spring, 2017) |
Donald Trump's campaign for the presidency in 2016 was unique, noted for a number of attributes that rarely, if ever, had been witnessed, including the candidate's propensity to freely express his views, unfiltered. Debates surfaced, including some within his own party and campaign team, whether to let Trump be Trump. In other words, there was... |
2017 |
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| Daniel I. Morales |
"ILLEGAL" MIGRATION IS SPEECH |
92 Indiana Law Journal 735 (Spring, 2017) |
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cuttingedge political theorists. One prominent theorist argues, for example, that basic democratic principles require that... |
2017 |
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| Gregory S. Parks |
"LIFTING AS WE CLIMB": THE AMERICAN COUNCIL ON HUMAN RIGHTS AND THE QUEST FOR CIVIL RIGHTS |
25 American University Journal of Gender, Social Policy and the Law 261 (2017) |
The narrative of African Americans' quest for racial equality and social justice in the Twentieth Century is typically construed in the context of main-line civil rights organizations--e.g., NAACP, SCLC, SNCC, and the like. However, for decades, black fraternal networks had been helping to lay the groundwork for the major civil rights campaigns... |
2017 |
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| Dayna Nadine Scott, Adrian A. Smith |
"Sacrifice Zones" in the Green Energy Economy: Toward an Environmental Justice Framework |
62 McGill Law Journal 861 (March, 2017) |
The environmental justice movement validates the grassroots struggles of residents of places which Steve Lerner refers to as sacrifice zones: low-income and racialized communities shouldering more than their fair share of environmental harms related to pollution, contamination, toxic waste, and heavy industry. On this account, disparities in... |
2017 |
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