AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
Savannah Walker POLICING HATE: THE PROBLEMATIC EXPANSION OF LOUISIANA'S HATE CRIME STATUTE TO INCLUDE POLICE OFFICERS 78 Louisiana Law Review 1413 (Spring, 2018) C1-3Table of Contents Introduction. 1413 I. Hate Crime Laws: A Broad Overview. 1417 A. Defining Hate Crime. 1417 B. Why We Legislate Hate. 1418 C. Structure of State Hate Crime Statutes. 1419 II. Dissecting the Flaws of the Blue Lives Matter Law. 1421 A. The Unnecessary Expressive Purpose. 1422 B. The Practical Shortcomings. 1424 1. Police... 2018  
Tal Kastner POLICING NARRATIVE 71 SMU Law Review 1117 (Fall, 2018) Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization... 2018  
Renée McDonald Hutchins POLICING THE PROSECUTOR 33-FALL Criminal Justice 14 (Fall, 2018) two events have collided to give prosecutors enormous power. The first is an inveterate retreat from robust enforcement of police conduct under the Fourth Amendment. The second is a now-dominant use of negotiated pleas to resolve criminal cases. The combination has meant a significant increase in the already substantial power of prosecutors--power... 2018  
K. Sabeel Rahman POLICYMAKING AS POWER-BUILDING 27 Southern California Interdisciplinary Law Journal 315 (Winter, 2018) The problem of balancing power through institutional design--always a central concern of constitutional theory--has taken on even greater salience in current scholarship in light of contemporary concerns over economic inequality and failures of American democracy today. This paper extends these concerns into the realm of administrative law and the... 2018  
Alexi Nunn Freeman, Lindsey Webb POSITIVE DISRUPTION: ADDRESSING RACE IN A TIME OF SOCIAL CHANGE THROUGH A TEAM-TAUGHT, REFLECTION-BASED, OUTWARD-LOOKING LAW SCHOOL SEMINAR 21 University of Pennsylvania Journal of Law and Social Change 121 (2018) Addressing race in the legal classroom has long been a potentially disruptive, even professionally hazardous, act. Despite multiple innovations in the legal curriculum, the decades-long discussion regarding racial inclusion in law schools has led us to the same, largely race-avoidant, place. Now, as we navigate a tumultuous period in which issues... 2018  
Chris DiNardo PREGNANCY IN CONFINEMENT, ANTI-SHACKLING LAWS AND THE "EXTRAORDINARY CIRCUMSTANCES" LOOPHOLE 25 Duke Journal of Gender Law & Policy 271 (Spring, 2018) One might have hoped that, by this hour, the very sight of chains on black flesh, or the very sight of chains, would be so intolerable a sight for the American people, and so unbearable a memory, that they would themselves spontaneously rise up and strike off the manacles. But, no, they appear to glory in their chains; now, more than ever, they... 2018  
Ira S. Rubinstein PRIVACY LOCALISM 93 Washington Law Review 1961 (December, 2018) Abstract: Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level (which it dubs privacy localism), using recently enacted privacy laws in Seattle and New York City as principal examples.... 2018  
Scott Skinner-Thompson PRIVACY'S DOUBLE STANDARDS 93 Washington Law Review 2051 (December, 2018) Abstract: Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people... 2018  
  PROTESTOR LOSES FALSE ARREST CLAIM 24 CITYLAW 81 (July/August, 2018) Demonstrator claims she was falsely arrested by a police officer at Black Lives Matter protest. On April 29, 2015, Carlene Pinto marched with 200 to 500 demonstrators at a Black Lives Matter rally that began in Union Square. Officers with loudspeakers continually instructed protestors to stay on the sidewalks. Officer Joseph Diaz, one of the NYPD... 2018  
Carolyn A. Dubay PUBLIC CONFIDENCE IN THE COURTS IN THE INTERNET AGE: THE ETHICAL LANDSCAPE FOR JUDGES IN THE POST-WATERGATE ERA 40 Campbell Law Review 531 (Spring, 2018) Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth... 2018  
James M. LoPiano PUBLIC FORA PURPOSE: ANALYZING VIEWPOINT DISCRIMINATION ON THE PRESIDENT'S TWITTER ACCOUNT 28 Fordham Intellectual Property, Media and Entertainment Law Journal 511 (Spring, 2018) Today, protectable speech takes many forms in many spaces. This Note is about the spaces. This Note discusses whether President Donald J. Trump's personal Twitter account functions as a public forum, and if so, whether blocking constituents from said account amounts to viewpoint discrimination--a First Amendment freedom of speech violation. Part I... 2018  
Amber Lara QUEER WOMYN OF COLOR AND EMPLOYMENT DISCRIMINATION LAW IN WISCONSIN-- DOES WISCONSIN LAW DO ENOUGH TO LIFT ANXIETY? 19 Marquette Benefits & Social Welfare Law Review 265 (Spring, 2018) America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of... 2018  
Zachary A. Kaplan R2D2 OR IROBOT: CAN ARMED ROBOTS BE A FRIEND TO POLICE WITHOUT BEING A FOE TO THE PUBLIC? 32 Notre Dame Journal of Law, Ethics & Public Policy 603 (2018) At a time when dissention over law enforcement related killings was reaching a breaking point, Dallas police officers took another controversial step by deploying a bomb-wielding robot to kill an active shooter during a Black Lives Matter protest. The assailant was taking cover, out of the reach of officers, in a community college parking garage... 2018  
Matthew J. Parlow RACE, SPEECH, AND SPORTS 52 University of Richmond Law Review 923 (May, 2018) Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (NFL) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and... 2018  
LeRoy Pernell RACIAL JUSTICE AND FEDERAL HABEAS CORPUS AS POSTCONVICTION RELIEF FROM STATE CONVICTIONS 69 Mercer Law Review 453 (Winter, 2018) It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity--federal habeas corpus as a postconviction remedy. By... 2018  
Michael A. Lawrence RACIAL JUSTICE DEMANDS TRUTH & RECONCILIATION 80 University of Pittsburgh Law Review 69 (Fall, 2018) The Negro race in America, stolen, ravished and degraded, struggling up through difficulties and oppression, needs sympathy and receives criticism; needs help and is given hindrance, needs protection and is given mob-violence, needs justice and is given charity, needs leadership and is given cowardice and apology, needs bread and is given a stone.... 2018  
Honorable Evelyn Z. Wilson RANDOM THOUGHTS 87-JUN Journal of the Kansas Bar Association 15 (June, 2018) This isn't the column that takes an in-depth, logical, and well-researched position on a thorny legal issue. No, this is the column by someone who is, or soon will be, a lame duck president who sees the hook coming from backstage. My time, my space, and your attention are limited. Here are just some things that I think need to be said: 1. Thank you... 2018  
Purvi Shah REBUILDING THE ETHICAL COMPASS OF LAW 47 Hofstra Law Review 11 (Fall, 2018) Each generation must out of relative obscurity discover its mission, fulfill it, or betray it. - Frantz Fanon We are in an incredibly challenging moment in U.S. history. Emboldened by the Trump presidency, a racist, anti-immigrant, anti-poor movement is gaining momentum. And while oppression is certainly nothing new, the scale and severity of the... 2018  
Courtlyn G. Roser-Jones RECONCILING AGENCY FEE DOCTRINE, THE FIRST AMENDMENT, AND THE MODERN PUBLIC SECTOR UNION 112 Northwestern University Law Review 597 (2018) Abstract--Few institutions have done more to improve working conditions for the middle class than labor unions. Their efforts, of course, cost money. To fund union activities, thousands of collective bargaining agreements across the nation have long included provisions permitting employers to require employees to pay fair share or agency fees.... 2018  
André Douglas Pond Cummings REFORMING POLICING 10 Drexel Law Review 573 (2018) C1-2Table of Contents Introduction. 575 I. Historical Evolution of Policing in the United States. 578 II. Connecting History with Current Practices. 583 III. Nationwide Police Reform Efforts Finding Success. 591 A. Policing in a Multiracial Society Project. 591 B. The Use of Force Project. 595 C. Community Policing in Cincinnati. 597 D.... 2018  
Cynthia Lee REFORMING THE LAW ON POLICE USE OF DEADLY FORCE: DE-ESCALATION, PRESEIZURE CONDUCT, AND IMPERFECT SELF-DEFENSE 2018 University of Illinois Law Review 629 (2018) This Article seeks to contribute to the national conversation on reforming police practices by evaluating the current law on police use of deadly force, identifying problems with that law, and suggesting a modest change to that law in the form of model legislation governing police use of deadly force. Existing statutes on police use of deadly force... 2018  
Kyle Langvardt REGULATING ONLINE CONTENT MODERATION 106 Georgetown Law Journal 1353 (June, 2018) The Supreme Court held in 2017 that the vast democratic forums of the Internet in general, and social media in particular, are the most important places . for the exchange of views. Yet within these forums, speakers are subject to the closest and swiftest regime of censorship the world has ever known. This censorship comes not from the... 2018  
Rodney A. Smolla REGULATION OF POLITICAL APPAREL IN POLLING PLACES: WHY THE SUPREME COURT'S MANSKY OPINION DID NOT GO FAR ENOUGH 2018 Cato Supreme Court Review 225 (2017-2018) In Minnesota Voters Alliance v. Mansky, the Supreme Court struck down a Minnesota law prohibiting voters from wearing various political messages on buttons or clothing inside a polling place on Election Day. In an opinion written by Chief Justice John Roberts, the Court held that Minnesota's sweeping ban on political expression violated the First... 2018  
Leah Litman REMEDIAL CONVERGENCE AND COLLAPSE 106 California Law Review 1477 (October, 2018) This Article describes and interrogates a phenomenon of spillovers across remedies--how the legal standards governing the availability of remedies in cases regarding executive violations of individuals' constitutional rights, particularly in the area of policing, have converged around similar ideas that narrow the availability of several different... 2018  
Thomas Wanebo REMOTE KILLING AND THE FOURTH AMENDMENT: UPDATING CONSTITUTIONAL LAW TO ADDRESS EXPANDED POLICE LETHALITY IN THE ROBOTIC AGE 65 UCLA Law Review 976 (May, 2018) In the early morning hours of July 8, 2016, a loud boom echoed between the buildings in downtown Dallas, signaling both the end to a bloody massacre that took the lives of five Dallas-area police officers and the dawn of a new age in American law enforcement. Police officers had killed an armed suspect by affixing a bomb to a remotely controlled... 2018  
Richard Delgado , Jean Stefancic RETHEORIZING ACTIONS FOR TARGETED HATE SPEECH: A COMMENT ON PROFESSOR BROWN 9 Alabama Civil Rights & Civil Liberties Law Review 169 (2018) I. Introduction: Alexander Brown's Retheorizing Actionable Injuries and the Value of Precision. 170 II. Hate Speech Law and Scholarship. 175 A. Tort Law and Scholarship About Hate Speech: A Brief History. 176 B. Campus Hate Speech Codes--Case Law and Legal Scholarship. 177 C. Campus Climate Activism. 178 D. Controlling Hate--Competing Positions and... 2018  
Benjamin Levin RETHINKING THE BOUNDARIES OF "CRIMINAL JUSTICE" 15 Ohio State Journal of Criminal Law 619 (Spring, 2018) The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff eds., N.Y.U. Press 2017). [T]he criminal justice system is not a system at all, observed Lawrence Friedman in his 1993 history of punishment in the United States. Over twenty years later, John Pfaff concluded that [t]he criminal justice system in the United States . is... 2018  
Zachary Gold, Mark Latonero ROBOTS WELCOME? ETHICAL AND LEGAL CONSIDERATIONS FOR WEB CRAWLING AND SCRAPING 13 Washington Journal of Law, Technology & Arts 275 (Spring, 2018) Web crawlers are widely used software programs designed to automatically search the online universe to find and collect information. The data that crawlers provide help make sense of the vast and often chaotic nature of the Web. Crawlers find websites and content that power search engines and online marketplaces. As people and organizations put an... 2018  
Carolyn Y. Forrest RUSSIA'S DISINFORMATION CAMPAIGN: THE NEW COLD WAR 33-WTR Communications Lawyer 2 (Winter, 2018) While President Trump continues to criticize investigations into Russian interference during the 2016 presidential election, Dan Coats, Director of National Intelligence, appeared before the Senate Intelligence Committee in February, not only confirming that Russia interfered in 2016, but also declaring that Russia is targeting the 2018 midterm... 2018  
Stephanie Hong SAY HER NAME: THE BLACK WOMAN AND INCARCERATION 19 Georgetown Journal of Gender and the Law 619 (Spring, 2018) In the modern 21st century, the United States imprisons more people per capita than any other country in the world. This mass incarceration epidemic, deeply rooted in a history of oppression and racism, is primarily discussed in the context of its effects on black men. Black women, on the other hand, are often forgotten in the discussion despite... 2018  
Irene Scharf SECOND CLASS CITIZENSHIP? THE PLIGHT OF NATURALIZED SPECIAL IMMIGRANT JUVENILES 40 Cardozo Law Review 579 (December, 2018) C1-2Table of Contents I. What is United States Citizenship?. 579 A. The Problem. 586 II. Naturalized U.S. Citizenship in Historical Perspective. 589 A. The Constitution and Naturalization. 593 B. Mounting Opposition to Immigration. 597 III. The Impact of Discrimination on Citizenship. 605 A. Discrimination Against Blacks and other Racial... 2018  
Kenneth W. Mack SECOND MODE INCLUSION CLAIMS IN THE LAW SCHOOLS 87 Fordham Law Review 1005 (December, 2018) In October 2015, a group of Harvard Law School (HLS) students calling themselves Royall Must Fall announced their presence on both Facebook and Twitter, declaring their solidarity with the Rhodes Must Fall movement --which had called for the removal of a statue of Cecil Rhodes at the University of Cape Town. While the immediate concern of the... 2018  
Charles Du SECURING PUBLIC INTEREST LAW'S COMMITMENT TO LEFT POLITICS 128 Yale Law Journal Forum 244 (October 21, 2018) abstract. Public interest law is a vague concept, encompassing a multitude of diverse forms of legal practice, whose meaning is often taken for granted. Yet despite being amorphous and undertheorized, public interest law is also highly institutionalized, making it an important arena for political contestation. At the same time, traditional forms... 2018  
Will Potter SENTINEL SPECIES: THE CRIMINALIZATION OF ANIMAL RIGHTS ACTIVISTS AS "TERRORISTS," AND WHAT IT MEANS FOR CIVIL LIBERTIES IN TRUMP'S AMERICA 95 Denver Law Review 877 (Summer, 2018) The animal rights movement has pioneered new, diverse forms of social activism that have rapidly redefined how we view animals. But those remarkable successes have been met with an increasingly aggressive backlash, including new terrorism laws, widespread surveillance, experimental prisons, and legislation explicitly criminalizing journalists and... 2018  
Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Guevremont, Tamar Ezer, Joseph J. Fins SEVERE BRAIN INJURY, DISABILITY, AND THE LAW: ACHIEVING JUSTICE FOR A MARGINALIZED POPULATION 45 Florida State University Law Review 313 (Winter, 2018) Thousands of persons with severe brain injury who are minimally conscious or locked in are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate... 2018  
Chris Chambers Goodman SHADOWING THE BAR: ATTORNEYS' OWN IMPLICIT BIAS 28 Berkeley La Raza Law Journal 18 (2018) Everything we see, is a shadow of that which we do not see. Martin Luther King, Jr. INTRODUCTION. 18 PART ONE: IMPLICIT BIAS RESEARCH. 19 A. Identifying Bias. 19 B. The Stereotypic Association Between African Americans and Violence. 21 C. The Stereotypic Association Between African Americans and Crime. 23 D. Critiquing Implicit Bias. 25 E. The... 2018  
Mark Osler SHORT OF THE MOUNTAINTOP: RACE NEUTRALITY, CRIMINAL LAW, AND THE JERICHO ROAD AHEAD 49 University of Memphis Law Review 77 (Fall, 2018) I. Introduction. 77 II. The Illusion of Success. 80 III. The Continuing Problem of Disparate Racial Impacts and Hidden Discretion. 86 A. The Truth of Racial Inequality in Criminal Law. 86 B. The Problem of Hidden Discretion. 90 IV. Two Short-Term Solutions to the Enduring Problem of Racial Bias in Criminal Law. 93 A. Long-Term and Short-Term Goals.... 2018  
Lindsey Webb SLAVE NARRATIVES AND THE SENTENCING COURT 42 New York University Review of Law and Social Change 125 (2018) The United States incarcerates a greater percentage of its population than any other country in the world. Courts are substantially more likely to sentence African American people to prison than white people in similar circumstances, and African American people in particular represent a grossly disproportionate percentage of the incarcerated... 2018  
Deborah A. Rosen SLAVERY, RACE, AND OUTLAWRY: THE CONCEPT OF THE OUTLAW IN NINETEENTH-CENTURY ABOLITIONIST RHETORIC 58 American Journal of Legal History 126 (March, 2018) The concept of the outlaw provided antebellum abolitionists with a powerful rhetorical weapon in their challenge to the Southern slave system. They vigorously condemned the practice of placing slaves and free blacks outside the law through official and informal outlawry. Calling attention to racial discrimination in criminal laws and the... 2018  
Mary D. Fan SMARTER EARLY INTERVENTION SYSTEMS FOR POLICE IN AN ERA OF PERVASIVE RECORDING 2018 University of Illinois Law Review 1705 (2018) Investigations of police departments by the U.S. Department of Justice spurred the spread of early intervention systems that use data to detect officers at elevated risk of problematic conduct. These systems of internal self-surveillance remain even when consent decrees expire and federal investigators turn to other tasks--or pull back during... 2018  
Jane R. Bambauer SNAKE OIL SPEECH 93 Washington Law Review 73 (March, 2018) Abstract: Snake oil is dangerous only by way of the claims that are made about its healing powers. It is a speech problem, and its remedy involves speech restrictions. But First Amendment doctrine has struggled to find equilibrium in the balance between free speech and the reduction of junk science. Regulation requires the government to take an... 2018  
Zackory T. Burns , Sachiko V. Donley SOCIAL EVALUATIVE MECHANICS: A POTENTIAL PSYCHOLOGICAL MECHANISM COLORING POLICE-PUBLIC ENCOUNTERS 8 UC Irvine Law Review 1 (January, 2018) Contact between the public and police (hereinafter referred to as police-public encounters) are under increased scrutiny as social movements highlight violent police actions. Psychologists and legal scholars analyzing and critiquing police-public encounters provide insights into the psychological mechanisms that contribute to these violent... 2018  
Terri R. Day , Danielle Weatherby SPEECH NARCISSISM 70 Florida Law Review 839 (July, 2018) From its embryonic stage during the civil rights era to its modern-day presence on college campuses, the political correctness movement has undergone an extreme metamorphosis. In the university setting, it was originally intended to welcome diverse views by encouraging minority students to feel part of the learning environment and to contribute to... 2018  
Joseph Russomanno SPEECH ON CAMPUS: HOW AMERICA'S CRISIS IN CONFIDENCE IS ERODING FREE SPEECH VALUES 45 Hastings Constitutional Law Quarterly 273 (Winter, 2018) When Thomas Jefferson founded the University of Virginia, he wrote of the philosophy that not only that institution would follow, but one that many other universities and colleges would practice: This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to... 2018  
  SPORTS, POLITICS & SOCIAL MOVEMENTS 25 Jeffrey S. Moorad Sports Law Journal 147 (2018) Sports have the ability to transcend barriers, whether they be socioeconomic, geographical, or political. But what happens when sports, politics, and social movements collide? The 2018 Jeffrey S. Moorad Sports Law Journal Symposium-- Sports, Politics & Social Movements--examines the hard-hitting legal and political issues dominating sports and the... 2018  
Adam Crepelle STANDING ROCK IN THE SWAMP: OIL, THE ENVIRONMENT, AND THE UNITED HOUMA NATION'S STRUGGLE FOR FEDERAL RECOGNITION 64 Loyola Law Review 141 (Spring, 2018) I. INTRODUCTION. 141 II. TRIBAL SOVEREIGNTY AND THE ENVIRONMENT. 144 III. FEDERAL RECOGNITION. 147 IV. PROBLEMS WITH THE PROCESS. 153 V. THE HOUMA. 157 A. A Brief History of the Houma. 157 B. Rebutting the BIA's Proposed Finding. 164 C. The Houma Since the BIA's Proposed Finding. 174 VI. CONCLUSION. 183 2018  
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