| Author | Title | Citation | Summary | Year | Relevancy |
| David Schlussel |
"THE MELLOW POT-SMOKER": WHITE INDIVIDUALISM IN MARIJUANA LEGALIZATION CAMPAIGNS |
105 California Law Review 885 (June, 2017) |
Recreational marijuana is now legal in several states as a result of ballot initiative campaigns. A number of campaigns have framed marijuana legalization using what this Note calls white individualism. They have put forth messages and images to implicitly suggest that white, hardworking, middle-class marijuana consumers are deserving... |
2017 |
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| Jessica O. Laurin |
"TO HELL IN A HANDBASKET": TEACHERS, FREE SPEECH, AND MATTERS OF PUBLIC CONCERN IN THE SOCIAL MEDIA WORLD |
92 Indiana Law Journal 1615 (Fall, 2017) |
A complete and utter jerk in all ways. Although academically ok, your child has no other redeeming qualities. Natalie Munroe, a Pennsylvania public school teacher, blogged this comment as an example of what she would like to write on some of her students' report cards. Although her blog was not password protected, Munroe claimed that her blog was... |
2017 |
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| Stacey B. Steinberg |
#ADVOCACY: SOCIAL MEDIA ACTIVISM'S POWER TO TRANSFORM LAW |
105 Kentucky Law Journal 413 (2016-2017) |
Attorneys influence the actions of legislators, courts, and community leaders by working alongside social movements. Together, these advocates seek to challenge the status quo by setting precedent that will ensure equality and justice for all individuals. While social movements often use social media to convey their message or to gather support for... |
2017 |
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| Loren F. Selznick , Carolyn LaMacchia |
#MALL RUCKUS TONIGHT: SHOULD MALL OWNERS BE FORCED TO PROVIDE A STAGE FOR EXPRESSION IN THE VIRTUAL AGE? |
53 Willamette Law Review 239 (Spring, 2017) |
L1-3TABLE OF CONTENTS I. December 2015 Mall of America Protest. 240 II. Expressive Rights of Protesters. 243 A. Right to Demonstrate on Public Property. 243 B. Private Property: Shopping Malls as the New Town Square. 245 III. Courts, Malls, and Free Speech. 251 A. The First Amendment and Shopping Malls. 252 B. State Constitutions. 254 1. Majority... |
2017 |
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| Caroline M. Moos |
#PROTESTERSRIGHTSMATTER: THE CASE AGAINST INCREASED CRIMINAL PENALTIES FOR PROTESTERS BLOCKING ROADWAYS |
38 Mitchell Hamline Law Journal of Public Policy and Practice 1 (2017) |
With the increased prevalence of protests involving roadway blocks, some have called for stronger penalties for protesters who engage in this disruption. Director of the Rudin Center for Transportation at New York University, Mitchell Moss, opined that, political protest today is now almost totally focused on transportation systems, whether it's a... |
2017 |
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| Paul J. Hofer, Policy Analyst, Sentencing Resource Counsel of the Federal Public and Community Defenders Senior Lecturer, Johns Hopkins University, Department of Psychological and Brain Sciences |
A CHANGE ELECTION |
2017 Federal Sentencing Reporter 1041180 (December 1, 2016-February 1, 2017) |
All elections matter, but some more than others. In terms of federal sentencing policy, the 2016 election has potential to change the momentum from reform to retrenchment. Before the election, a bipartisan movement had emerged to reform the largest drivers of federal prison population growthmandatory minimum penalties for drug trafficking and... |
2017 |
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| Mikah K. Thompson |
A CULTURE OF SILENCE: EXPLORING THE IMPACT OF THE HISTORICALLY CONTENTIOUS RELATIONSHIP BETWEEN AFRICAN-AMERICANS AND THE POLICE |
85 UMKC Law Review 697 (Spring, 2017) |
A legacy of biased police discretionary decision-making persists beyond the demise of de jure racial discrimination, perpetuating a relationship between the police and racial minorities that is primarily authoritarian, regulatory, and punitive in character. Further, contemporary policy decisions at the federal, state, and local levels continue to... |
2017 |
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| Jon B. Gould , Kenneth Sebastian Leon |
A CULTURE THAT IS HARD TO DEFEND: EXTRALEGAL FACTORS IN FEDERAL DEATH PENALTY CASES |
107 Journal of Criminal Law and Criminology 643 (Fall, 2017) |
Empirical research has exposed a troubling pattern of capital punishment in the United States, with extralegal factors such as race, class, and gender strongly correlated with the probability of a death sentence. Capital sentencing also shows significant geographic disparities, although existing research tends to be more descriptive than... |
2017 |
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| L. Darnell Weeden |
A GROWING CONSENSUS: STATE SPONSORSHIP OF CONFEDERATE SYMBOLS IS AN INJURY-IN-FACT AS A RESULT OF DYLANN ROOF'S KILLING BLACKS IN CHURCH AT A BIBLE STUDY |
32 BYU Journal of Public Law 113 (2017) |
The current debates over Confederate symbols were ignited by Dylann Roof's murder of nine black churchgoers in Charleston, S.C. in 2015. The racially motivated killings produced new opposition to Confederate icons in public spaces. As New Orleans officials eliminated the statue of Louisiana native son and Confederate General P.G.T. Beauregard on... |
2017 |
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| E. Christi Cunningham |
A HOPELESS CASE?: ESCAPING THE PROOF PITFALL IN POWER-DEPENDENT PARADIGMS |
20 CUNY Law Review 481 (Spring, 2017) |
I. Introduction. 481 II. Power-dependent Relationships. 484 A. The Illusion of Co-dependence. 485 B. The Perpetuation of Engagement. 488 III. An Exit Strategy. 490 |
2017 |
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| Felicia A. Reid |
A MATTER OF DUE REGARD: POLICE MISCONDUCT, THE NEW YORK STATE COURTS, AND THE EMPTINESS OF THEORETICAL JUSTICE |
80 Albany Law Review 1103 (2016-2017) |
Whether across front pages and television screens, or in conversations and confrontations, concerns about law enforcement's use of force are at the forefront of national consciousness. Anxieties about police authority and abuse are neither novel nor new. They trace to the Framers' unease toward standing armies in peacetime; the context giving rise... |
2017 |
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| Yxta Maya Murray |
A MODEST MEMO |
22 Michigan Journal of Race and Law 187 (Spring, 2017) |
A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico Wall via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, hold them hostage) until Mexican President Enrique... |
2017 |
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| Blake Emerson |
AFFIRMATIVELY FURTHERING EQUAL PROTECTION: CONSTITUTIONAL MEANING IN THE ADMINISTRATION OF FAIR HOUSING |
65 Buffalo Law Review 163 (January, 2017) |
The meaning of equal protection is intimately linked with administrative practice. The Fourteenth Amendment was passed in part to further the interventions and ensure the constitutionality of the Freedmen's Bureau, which provided public services and legal protection for emancipated African Americans in the Southern states in the wake of the Civil... |
2017 |
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| Trina Jones , Kimberly Jade Norwood |
AGGRESSIVE ENCOUNTERS & WHITE FRAGILITY: DECONSTRUCTING THE TROPE OF THE ANGRY BLACK WOMAN |
102 Iowa Law Review 2017 (July, 2017) |
ABSTRACT: Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor's acts and the bias that fuels them. This Article seeks to raise awareness of these aggressive encounters and to challenge a prevailing... |
2017 |
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| Natsu Taylor Saito |
ALL PEOPLES HAVE A RIGHT TO SELF-DETERMINATION: HENRY J. RICHARDSON III'S LIBERATORY PERSPECTIVE ON RACIAL JUSTICE |
31 Temple International and Comparative Law Journal 69 (Spring, 2017) |
Notwithstanding [] oppression . subordinated peoples can have a jurisprudence on which they act without a dominating people or group's permission. Henry J. Richardson III Professor Henry J. Richardson III has always told us that Black lives and Black resistance matters. The phrase Black Lives Matter emerged in 2013 in conjunction with the... |
2017 |
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| Richard Delgado |
ALTERNATIVE DISPUTE RESOLUTION: A CRITICAL RECONSIDERATION |
70 SMU Law Review 595 (Summer, 2017) |
IN 1985, in the pages of Wisconsin Law Review, four co-authors and I warned that alternative dispute resolution (ADR), then a relatively young movement undergoing explosive growth, was likely to disadvantage minorities, women, and members of other disempowered groups, particularly when their adversary was a corporation, a white person, or an... |
2017 |
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| R. Danielle Burnette |
AMERICAN HYPOCRISY: HOW THE UNITED STATES' SYSTEM OF MASS INCARCERATION AND POLICE BRUTALITY FAIL TO COMPLY WITH ITS OBLIGATIONS UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
45 Georgia Journal of International and Comparative Law 571 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 573 II. The Shooting of Michael Brown and Racial Discrimination in the Criminal Justice System. 575 A. Mike Brown + Police Brutality. 575 B. Racial Discrimination. 578 1. Racial Profiling. 578 2. Disparate Incarceration and Sentencing. 580 C. Failure to Indict Police. 582 III. International and Domestic Law.... |
2017 |
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| Todd J. Clark |
AN INHERENT CONTRADICTION: CORPORATE DISCRETION IN MORALS CLAUSE ENFORCEMENT |
78 Louisiana Law Review 1 (Fall, 2017) |
C1-2Table of Contents Introduction. 1 I. Morals Clauses. 10 II. Historical Development of the Implied Obligation of Good Faith. 22 A. Bad Faith in Contract Negotiation and Formation. 27 B. Bad Faith in Raising and Resolving Contract Disputes. 28 C. Bad Faith in taking Remedial Action. 28 D. Bad Faith in Performance and Enforcement. 29 III.... |
2017 |
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| Ashish Joshi |
AN INTERVIEW WITH ALAN DERSHOWITZ |
43 Litigation 29 (Summer, 2017) |
May you live in interesting times, says an ancient Chinese curse that masquerades as a blessing. Alan Dershowitz has indeed lived an interesting, if often controversial, life. A professor at Harvard Law School since the age of 28, he has represented movers and shakers of Hollywood, politics, law, sports, and business, including Bill Clinton,... |
2017 |
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| Josh Bowers |
ANNOY NO COP |
166 University of Pennsylvania Law Review 129 (December, 2017) |
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct free from state intrusion. If precise rules are not prescribed in advance, individuals may lack notice of what is prohibited and may be subjected to arbitrary treatment. Thus, the Constitution commands that legal... |
2017 |
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Around the Nation |
19 Student Discipline Law Bulletin 4 (December 1, 2017) |
Officials at Fort Meyers High School discovered a gun on the campus. A sophomore at the high school was arrested as a result. According to a message from the principal, the gun was not displayed by the student, but was discovered during a search. Principal Dave LaRosa said the gun was discovered during a search related to another matter. LaRosa... |
2017 |
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| Harvey Gee |
ASIAN AMERICANS AND THE LAW: SHARING A PROGRESSIVE CIVIL RIGHTS AGENDA DURING UNCERTAIN TIMES |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
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| Catherine J. Ross |
ASSAULTIVE WORDS AND CONSTITUTIONAL NORMS |
66 Journal of Legal Education 739 (Summer, 2017) |
On college campuses across the nation people have sought to silence words that wound. They strive to ban expression they blame for contributing to a rape culture. Some students demand that colleges censor student speech that appears to denigrate individuals or groups. The question I tackle here is what--if anything--the Constitution permits... |
2017 |
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| Jocelyn Simonson |
BAIL NULLIFICATION |
115 Michigan Law Review 585 (March, 2017) |
This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge's... |
2017 |
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| Gerald S. Kerska |
BALANCING FIRST AMENDMENT RIGHTS WITH AN INCLUSIVE ENVIRONMENT ON PUBLIC UNIVERSITY CAMPUSES |
101 Minnesota Law Review 1791 (May, 2017) |
How should public universities strike a balance between First Amendment values and their mission to establish a diverse and inclusive environment? Recent events from the University of Minnesota bring this question into focus. In the spring of 2015, just a few months after the Charlie Hebdo massacre, a group of University of Minnesota professors set... |
2017 |
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| Charles Dempsey |
BEATING MENTAL ILLNESS: CRISIS INTERVENTION TEAM TRAINING AND LAW ENFORCEMENT RESPONSE TRENDS |
26 Southern California Interdisciplinary Law Journal 323 (Spring, 2017) |
The management of a mental health crisis begins in the field and can either escalate or de-escalate based on the management of the crisis by first responders, which is influenced by the training those first responders received. Law enforcement has known for a long time that there has been a paradigm shift in which law enforcement has become the... |
2017 |
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| Allegra M. McLeod |
BEYOND THE CARCERAL STATE CAUGHT: THE PRISON STATE AND THE LOCKDOWN OF AMERICAN POLITICS. BY MARIE GOTTSCHALK. PRINCETON, NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2015. 502 PAGES. $35.00 |
95 Texas Law Review 651 (February, 2017) |
The vast expansion of carceral control in the United States is the subject of a compelling body of scholarship, but efforts to decarcerate have received relatively little attention. One of the few studies to focus in depth on the prospects of carceral reform, political scientist Marie Gottschalk's brilliant and unsettling book, Caught: The Prison... |
2017 |
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| Vida B. Johnson |
BIAS IN BLUE: INSTRUCTING JURORS TO CONSIDER THE TESTIMONY OF POLICE OFFICER WITNESSES WITH CAUTION |
44 Pepperdine Law Review 245 (2017) |
Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no... |
2017 |
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| Blanche Bong Cook |
BIASED AND BROKEN BODIES OF PROOF: WHITE HETEROPATRIARCHY, THE GRAND JURY PROCESS, AND PERFORMANCE ON UNARMED BLACK FLESH |
85 UMKC Law Review 567 (Spring, 2017) |
The intention in torture of humans is . to silence the other's voice by wrecking his or her body; it is to make the tortured speak the torturer's words instead of his own. Margaret A. Farley Although scholars have theorized about systemic racialized police violence, less attention has been given to systemic practices in the investigations and grand... |
2017 |
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| Priscilla A. Ocen |
BIRTHING INJUSTICE: PREGNANCY AS A STATUS OFFENSE |
85 George Washington Law Review 1163 (July, 2017) |
Over the last thirty years, pregnant women, particularly pregnant women of color, have increasingly come under the supervision and control of the criminal justice system. In July 2014, Tennessee became the first state in the country to pass a law criminalizing illegal drug use during pregnancy. Within weeks of its enactment, several women were... |
2017 |
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