| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
|
| Jesse Merriam |
STEPHEN PRESSER'S LOVE LETTER TO THE LAW, IN FIVE PARTS LAW PROFESSORS: THREE CENTURIES OF SHAPING AMERICAN LAW. BY STEPHEN B. PRESSER. ST. PAUL: WEST PUBLISHING, 2017. PP. XII + 486. $48.00 (CLOTH) |
33 Constitutional Commentary 71 (Winter, 2018) |
This book on law professors, Stephen Presser writes in the Preface, is a love letter to the teaching of law (p. v). But this is no mere love letter. The twenty-four chapters read more like a break-up letter, sounding with each successive chapter the ominous tone of a betrayed lover--more like Søren Kierkegaard's regretful reflections on losing... |
2018 |
|
| Rory Kramer , Brianna Remster |
STOP, FRISK, AND ASSAULT? RACIAL DISPARITIES IN POLICE USE OF FORCE DURING INVESTIGATORY STOPS |
52 Law and Society Review 960 (December, 2018) |
Black civilians are more likely to be stopped by police than white civilians net of relevant factors. Less is known about whether or not racial inequalities exist in police use of force during stops. Using data on over 2 million police stops in New York City from 2007 to 2014 and drawing on literatures on race, policing, and the Black Lives Matter... |
2018 |
|
| Ellen Yaroshefsky |
SYMPOSIUM INTRODUCTION |
47 Hofstra Law Review 1 (Fall, 2018) |
Many lawyers who advise, counsel, and otherwise participate in social justice organizations are called movement lawyers. They work with organizations such as Black Lives Matter, Make the Road, the Community Justice Project, the Center for Constitutional Rights, workers' rights collectives, and loosely-organized community groups to use the law to... |
2018 |
|
| Joanna C. Schwartz |
SYSTEMS FAILURES IN POLICING |
51 Suffolk University Law Review 535 (2018) |
Four years ago, Ferguson Police Officer Darren Wilson killed Michael Brown. Brown's death has been credited with changing the national conversation about police violence. Yet, since Michael Brown's death, thousands of people have been killed by the police. Hundreds of them were unarmed. And the public response to each killing--at least each killing... |
2018 |
|
| I. Bennett Capers |
TECHNO-POLICING |
15 Ohio State Journal of Criminal Law 495 (Spring, 2018) |
In July 2017, the New York Times reported that Three Square Market, a Wisconsin-based technology company, was asking its employees to have a microchip the size of a grain of rice injected between their thumb and index finger. Responding to privacy concerns raised by the media, the Chief Executive Officer of Three Square Market made clear that the... |
2018 |
|
| Owen Fiss |
THE ACCUMULATION OF DISADVANTAGES |
106 California Law Review 1945 (December, 2018) |
The continued subjugation of a historically disadvantaged group is the product of policies that cut across all walks of life. Members of such a group are personally shunned, their educational opportunities are impaired, the jobs open to them are limited, and they are confined to living with one another in the same neighborhood, usually in the... |
2018 |
|
| Christopher Ross |
THE ALT-RIGHT, THE CHRISTIAN RIGHT, AND IMPLICATIONS ON FREE SPEECH |
20 Rutgers Journal of Law & Religion 47 (Fall, 2018) |
2016 brought a lot of things, but perhaps most alarming was the rise of the Alternate-Right, or in short, the Alt-Right. The Alt-Right had a meteoric rise to prominence, especially as the political spectrum in the United States became increasingly polarized. While the Alt-Right is widely known to be a fringe group much further right than the... |
2018 |
|
| Neda Saghafi |
THE AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN: USING A HUMAN RIGHTS FRAMEWORK TO DECONSTRUCT SYSTEMIC POLICE MISCONDUCT AGAINST LOW-INCOME WOMEN OF COLOR |
10 Northeastern University Law Review 502 (Summer, 2018) |
The history of hierarchical identities has become enmeshed in U.S. policing. Given the multiple forms of discrimination that arise from intersecting identities, low-income women of color are at high risk of police misconduct. The existence of violent, hegemonic masculinity in police culture, in conjunction with problematic policing policies, such... |
2018 |
|
| Marvin Zalman |
THE ANTI-BLACKSTONIANS |
48 Seton Hall Law Review 1319 (2018) |
I. INTRODUCTION. 1320 II. CONTEXTS FOR THINKING ABOUT THE BLACKSTONE PRINCIPLE. 1329 A. The Innocence Movement and Its Critics. 1329 B. The Ideal of Balanced Justice. 1336 C. Criminologists on Blackstone. 1338 1. Bushway on the Blackstone Ratio. 1338 2. Forst on Reasonable Doubt. 1342 III. OVERVIEW AND INTERNAL CRITIQUES OF EPPS, LAUDAN AND ALLEN,... |
2018 |
|
| Kimberlee Gee |
THE ATTACK ON POLITICAL SPEECH AND BLACK ACTIVISM: WHAT THE NFL PROTESTS ARE TEACHING US ABOUT CIVIL LIBERTIES AND CIVIL RIGHTS |
23-APR NBA National Bar Association Magazine 8 (April, 2018) |
Unless you have been living in a bubble, you are likely aware of the National Football League (NFL) protests that have been taking place across the country. While these NFL protests commenced during the 2016 football season, they began to grow even more in scale and gained even more attention after President Donald Trump's comments at an Alabama... |
2018 |
|
| Dr. Donald F. Tibbs , Justin Hollinger |
THE BEND AT THE END: WHAT LAWYERS CAN LEARN ABOUT DISRUPTIONS AND INNOVATIONS IN CRIMINAL DEFENSE PRACTICE FROM MARKET ANALYSIS |
69 Mercer Law Review 901 (Spring, 2018) |
The link to the workers' struggle is located in the desire to blow up power at any point of its application. [P]ast performance is not an indicator of future success. In the world of stock market analysis, there is one certainty: the stock market is unpredictable. It acts with a will of its own, and despite experts' attempts at market forecast,... |
2018 |
|
| Devon W. Carbado , L. Song Richardson |
THE BLACK POLICE: POLICING OUR OWN LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA. BY JAMES FORMAN JR. NEW YORK, N.Y.: FARRAR, STRAUS AND GIROUX. 2017. PP. 306. $27.00 |
131 Harvard Law Review 1979 (May, 2018) |
Since Darren Wilson shot and killed Michael Brown in 2014, the problem of police violence against African Americans has been a relatively salient feature of nationwide discussions about race. Across the ideological spectrum, people have had to engage the question of whether, especially in the context of policing, it's fair to say that black lives... |
2018 |
|
| Scott Michelman |
THE BRANCH BEST QUALIFIED TO ABOLISH IMMUNITY |
93 Notre Dame Law Review 1999 (May, 2018) |
Qualified immunity--the legal doctrine that shields government officials from suit for constitutional violations unless the right they violate is sufficiently clear that every reasonable official would have understood that what he is doing violates that right--has come under increasing judicial and scholarly criticism from diverse ideological... |
2018 |
|
| Lindsey Dillon |
THE BREATHERS OF BAYVIEW HILL: REDEVELOPMENT AND ENVIRONMENTAL JUSTICE IN SOUTHEAST SAN FRANCISCO |
24 Hastings Environmental Law Journal 227 (Summer, 2018) |
The bus idled on a hilly residential street overlooking the Hunters Point Naval Shipyard--an irregularly shaped expanse of largely man-made land, extending into the San Francisco Bay from the southeastern edge of the city. It was a clear day in February 2015. Staff members from the city of San Francisco's environmental, health, and public works... |
2018 |
|