| Author | Title | Citation | Summary | Year | Key Terms |
| Katie R. Eyer |
THE CANON OF RATIONAL BASIS REVIEW |
93 Notre Dame Law Review 1317 (January, 2018) |
The modern constitutional law canon fundamentally misdescribes rational basis review. Through a series of errors--of omission, simplification, and recharacterization--we have largely erased a robust history of the use of rational basis review by social movements to generate constitutional change. Instead, the story the canon tells is one of dismal... |
2018 |
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| Nirej Sekhon |
THE CHOKEHOLD |
57 University of Louisville Law Review 43 (2018) |
Eric Garner's last words, I can't breathe became a political slogan for Black Lives Matter. Professor Paul Butler takes it from there in his most recent book, Chokehold. Equal parts exegesis, polemic, and self-help tract, he argues that a chokehold is more than just a brutal police tactic. It is a metaphor for a host of social practices that... |
2018 |
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| Benjamin Levin |
THE CONSENSUS MYTH IN CRIMINAL JUSTICE REFORM |
117 Michigan Law Review 259 (November, 2018) |
It has become popular to identify a consensus on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct... |
2018 |
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| Reva B. Siegel |
THE CONSTITUTIONALIZATION OF DISPARATE IMPACT--COURT-CENTERED AND POPULAR PATHWAYS: A COMMENT ON OWEN FISS'S BRENNAN LECTURE |
106 California Law Review 2001 (December, 2018) |
Introduction. 2001 I. Disparate Impact's Constitutionalization: Fiss's Court-Centered Account. 2005 II. Disparate Impact's Constitutionalization: A Dialogic and Democratic Account. 2006 A. The Intent Requirement Shifts Civil Rights Remedies from Courts to Politics. 2007 B. (Re)reading Davis as Authorizing Disparate Impact. 2008 C. The Court... |
2018 |
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| Kenneth Lasson |
THE DECLINE OF FREE SPEECH ON THE POSTMODERN CAMPUS: THE TROUBLING EVOLUTION OF THE HECKLER'S VETO |
37 Quinnipiac Law Review 1 (2018) |
I. Introduction. 2 II. The Evolution of the Heckler's Veto. 4 A. Courts' Treatment of the Heckler's Veto Over Time. 4 B. Modern Situations Invoking the Heckler's Veto Doctrine. 15 III. The Dilution of Free Speech Over the Past Half-Century. 17 A. Causes. 17 B. Effects. 18 1. Safe Spaces and Trigger Warnings. 18 IV. Trends. 28 A. Trigger Words... |
2018 |
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| Gail Heriot, Alison Somin |
THE DEPARTMENT OF EDUCATION'S OBAMA-ERA INITIATIVE ON RACIAL DISPARITIES IN SCHOOL DISCIPLINE: WRONG FOR STUDENTS AND TEACHERS, WRONG ON THE LAW |
22 Texas Review of Law and Politics 471 (Spring, 2018) |
Introduction. 473 I. The Department of Education's Disparate Impact Policy Is Encouraging Discrimination Rather Than Preventing It.. 481 II. The Department of Education's Policy Is Leading to Increased Disorder in Schools.. 495 III. Racial Disparities in School Discipline Have Not Been Shown to Be the Root Cause of Racial Disparities in Adult Life,... |
2018 |
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| Anna Spain Bradley |
THE DISRUPTIVE NEUROSCIENCE OF JUDICIAL CHOICE |
9 UC Irvine Law Review 1 (September, 2018) |
Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy--all... |
2018 |
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| Christi Metcalfe , Justin T. Pickett |
THE EXTENT AND CORRELATES OF PUBLIC SUPPORT FOR DETERRENCE REFORMS AND HOT SPOTS POLICING |
52 Law and Society Review 471 (June, 2018) |
As one approach to prison downsizing and criminal justice reform, scholars recommend altering the nature of policing by reallocating resources toward policing and increasing sentinel patrols and hot spots interventions. Public attitudes toward these reforms are unknown. In the current police crisis, shifting policies in ways disfavored by the... |
2018 |
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| Jonathan C. Augustine |
THE FIERY FURNACE, CIVIL DISOBEDIENCE, AND THE CIVIL RIGHTS MOVEMENT: A BIBLICAL EXEGESIS ON DANIEL 3 AND LETTER FROM BIRMINGHAM JAIL |
21 Richmond Public Interest Law Review 243 (April 29, 2018) |
This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.'s untimely assassination in April 1968. It highlights some of King's most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King's famed Letter From... |
2018 |
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| Justin Hansford |
THE FIRST AMENDMENT FREEDOM OF ASSEMBLY AS A RACIAL PROJECT |
127 Yale Law Journal Forum 685 (January 20, 2018) |
ABSTRACT. Beginning with the author's own experience of being arrested as a legal observer during a 2014 protest in Ferguson, Missouri, this Essay explores the fragile protection provided by the freedom of assembly for those who fight for racial justice. The Essay rejects free speech proponents' reliance on the First Amendment's ostensibly... |
2018 |
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| Molly “Delaney” Nevius |
THE FIRST PRIDE WAS A RIOT: HOW QUEER ACTIVISM HAS PARTNERED WITH POLICE TO HURT THE COMMUNITY'S MOST VULNERABLE |
29 Hastings Women's Law Journal 125 (Winter, 2018) |
Each June, thousands of queer San Francisco residents celebrate queer power, community, and visibility. The Pride Parade, which began as a Gay Freedom Day Parade in 1970 to commemorate the one-year anniversary of the Stonewall Riots, has expanded into a weekend of celebrations. Today, the Dyke March is twenty-three years running, the Trans March... |
2018 |
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| Osagie K. Obasogie, Zachary Newman |
THE FUTILE FOURTH AMENDMENT: UNDERSTANDING POLICE EXCESSIVE FORCE DOCTRINE THROUGH AN EMPIRICAL ASSESSMENT OF GRAHAM v. CONNOR |
112 Northwestern University Law Review 1465 (2018) |
Abstract--Graham v. Connor established the modern constitutional landscape for police excessive force claims. The Supreme Court not only refined an objective reasonableness test to describe the constitutional standard, but also held that the Fourth Amendment is the sole avenue for courts to adjudicate claims that police violated a person's... |
2018 |
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| Andrew Manuel Crespo |
THE HIDDEN LAW OF PLEA BARGAINING |
118 Columbia Law Review 1303 (June, 2018) |
The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates beyond the shadow of the law. That assumption holds true with respect to substantive and... |
2018 |
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| Hiroshi Fukurai, Alice Yang |
THE HISTORY OF JAPANESE RACISM, JAPANESE AMERICAN REDRESS, AND THE DANGERS ASSOCIATED WITH GOVERNMENT REGULATION OF HATE SPEECH |
45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) |
Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... |
2018 |
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| Christine Schwöbel-Patel |
THE 'IDEAL' VICTIM OF INTERNATIONAL CRIMINAL LAW |
29 European Journal of International Law 703 (August, 2018) |
Two clichés make us laugh, a hundred clichés move us. - Umberto Eco The role of victims is increasingly central to discussions in, and practices of, international criminal law. This increased attentiveness to victims, I argue, is leading to a visual and discursive specification of victimhood. Drawing on criminologist Nils Christie's theorizing of... |
2018 |
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| Natalie Salmanowitz , Stanford Program in Neuroscience and Society, Stanford Law School, Stanford, CA, 94305, USA, Corresponding author. E-mail: nsalmanowitz@jd19.law.harvard.edu |
THE IMPACT OF VIRTUAL REALITY ON IMPLICIT RACIAL BIAS AND MOCK LEGAL DECISIONS |
5 Journal of Law & the Biosciences 174 (April, 2018) |
Implicit racial biases are one of the most vexing problems facing current society. These split-second judgments are not only widely prevalent, but also are notoriously difficult to overcome. Perhaps most concerning, implicit racial biases can have consequential impacts on decisions in the courtroom, where scholars have been unable to provide a... |
2018 |
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| Matthew R. Mattie |
THE IMPLICATIONS OF MAJOR NEWS OUTLETS BROADCASTING LAW ENFORCEMENT-CITIZEN ENCOUNTERS: ARE THEY RELIABLE? |
19 Journal of High Technology Law 130 (2018) |
From video recordings displaying the death of Eric Garner to the beating of Richard Hubbard III, major news outlets have shown videos that have forever changed American policing. Since 1991, the United States has experienced a handful of cases in which black men and women have died at the hands of police officers. Twelve-year old Tamir Rice was... |
2018 |
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| 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 |
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| 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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