| Author | Title | Citation | Summary | Year | Relevancy |
| Chanae L. Wood |
BLACK AND POOR: THE GRAVE CONSEQUENCES OF UTAH v. STRIEFF |
30 Saint Thomas Law Review 68 (Fall, 2017) |
Suppose a nineteen-year-old Black male, Jason, decides to watch a late night movie with friends. The group of friends meet on the corner outside of the local convenience store. However, Jason arrives early. Out of habit, he paces back and forth, as he waits for the others to arrive. Two police officers, patrolling the area for drug activity, notice... |
2017 |
|
| Daniel C. Epstein |
BLACK AND WHITE AND GRAY ALL OVER: HOW ANTICLASSIFICATION THEORY CAN ENDORSE RACE-BASED AFFIRMATIVE ACTION POLICIES |
20 University of Pennsylvania Journal of Constitutional Law 433 (December, 2017) |
Constitutional commentators have long emphasized two dominant strains in the Court's approach to the Equal Protection Clause, often termed antisubordination and anticlassification. In the classical formulation, anticlassification sees the treatment of individuals based on race or ethnicity as the primary concern of equal protection; it... |
2017 |
|
| Lisa M. Olson |
BLUE LIVES HAVE ALWAYS MATTERED: THE USURPING OF HATE CRIME LAWS FOR AN UNINTENDED AND UNNECESSARY PURPOSE |
20 Scholar: St. Mary's Law Review on Race and Social Justice 13 (2017) |
Introduction. 14 I. The History of Hate Crime Legislation. 17 II. Employment as a Protected Status. 21 III. Acts of Violence Against Law Enforcement Officers and Existing Protections. 23 A. Homicidal Violence. 23 B. Assaults Against Police Officers. 28 C. Reducing Acts of Violence Against Law Enforcement Officers. 31 IV. Law Enforcement Officers... |
2017 |
|
| Caren Myers Morrison |
BODY CAMERA OBSCURA: THE SEMIOTICS OF POLICE VIDEO |
54 American Criminal Law Review 791 (Summer, 2017) |
Lethal police violence has always existed, but it has not always commanded sustained public attention. Video has changed that. To talk about police violence these days is to evoke a series of images--Eric Garner sagging in a police chokehold, Philando Castile expiring in the seat next to his girlfriend, Michael Brown's body lying in the street --... |
2017 |
|
| Dr. Joanne Sweeny |
BREAKING THROUGH GRIDLOCK TO PROTECT HUMAN RIGHTS: THE CASE FOR A CONGRESSIONAL HUMAN RIGHTS COMMITTEE |
54 San Diego Law Review 21 (Winter, 2017) |
Abstract. 22 I. Introduction. 22 II. Advancing Civil Rights in the United States: Best Practices. 26 III. The Joint Committee on Human Rights: A Model of Success. 31 IV. A Role for a Human Rights Committee. 33 A. Focusing Congressional Criticism on Pending Legislation. 33 B. Prompting the Creation or Amendment of Legislation. 42 1. Requesting... |
2017 |
|
| Elayne E. Greenberg |
BRIDGING OUR JUSTICE GAP WITH EMPATHIC PROCESSES THAT CHANGE HEARTS, EXPAND MINDS ABOUT IMPLICIT DISCRIMINATION |
32 Ohio State Journal on Dispute Resolution 441 (2017) |
I. Introduction II. Empathy Helps Mitigate the Effects of Implicit Bias A. What is Implicit Bias? B. The Link Between Empathy and Implicit Bias C. Understanding Empathy 1. Empathy: The Developmental Perspective 2. Empathy: A Measure of Our Emotional Intelligence 3. Empathy: The Neurological Perspective 4. Empathy: The Evolutionary Perspective 5.... |
2017 |
|
| Elizabeth N. Halsey |
BRR, IT'S GETTING COLDER ON CAMPUS: THE CHILLING EFFECT THE NINTH CIRCUIT'S DECISION AND THE FEDERAL CIRCUIT COURT SPLIT HAS ON UNIVERSITY STUDENTS' FREE SPEECH [OYAMA v. UNIV. OF HAW., 813 F.3D 850 (9TH CIR. 2015)] |
56 Washburn Law Journal 329 (Spring, 2017) |
[T]he freedom of Speech may be taken away--and, dumb and silent we may be led, like sheep, to the Slaughter. George Washington Freedom of speech, granted by the First Amendment of the Constitution, is one of the most protected, fundamental rights of American citizens. The United States is a country where, unlike many others, the government cannot... |
2017 |
|
| |
BUILDING MOVEMENT: RACIAL INJUSTICE, TRANSFORMATIVE JUSTICE AND REIMAGINED POLICING |
11 Northwestern Journal of Law & Social Policy 420 (Fall, 2017) |
TRANSCRIPT OF PROCEEDINGS held at Northwestern University School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015, at 3:15 p.m. MODERATOR: MS. SHEILA BEDI, Clinical Associate Professor of Law at Northwestern University School of Law; Attorney at the Roderick and Solange MacArthur Justice... |
2017 |
|
| Ari Herbert |
CAN WE STILL TALK THINGS OUT?: A CASE STUDY OF CAMPUS HATE SPEECH REGULATIONS AT THE UNIVERSITY OF TEXAS |
17 Connecticut Public Interest Law Journal 117 (Winter 2017) |
There's a lot of ugly things in this world, son. I wish I could keep em all away from you. That's never possible. - Harper Lee, To Kill a Mockingbird Intolerance is a persisting issue. The meme Pepe the Frog became a common racist and anti-Semitic symbol in the last year, with captions like kill Jews, man. But this is not a purely American... |
2017 |
|
| A. M. Stroud III |
CAPITAL PUNISHMENT: THE GREAT AMERICAN PARADOX |
70 Arkansas Law Review 369 (2017) |
On June 6, 1944, American forces landed on Omaha and Utah beaches as part of the Normandy invasion that had as its objective the liberation of occupied Europe from the tyranny of the Nazi Occupation. This was America at its finest hour. This was not a professional army, but an army consisting of young men who had been drafted or had enlisted after... |
2017 |
|
| Devan Byrd |
CHALLENGING EXCESSIVE FORCE: WHY POLICE OFFICERS DISPROPORTIONATELY EXERCISE EXCESSIVE FORCE TOWARDS BLACKS AND WHY THIS SYSTEMIC PROBLEM MUST END |
8 Alabama Civil Rights & Civil Liberties Law Review 93 (2017) |
Because of the national attention on the Black Lives Matter movement, legal literature has focused on examining the absence of charges and the acquittals of police officers and vigilantes responsible for Black deaths. In particular, administrative agencies, academics, and courts are currently debating the sufficiency of the federal... |
2017 |
|
| Richard L. Hasen |
CHEAP SPEECH AND WHAT IT HAS DONE (TO AMERICAN DEMOCRACY) |
16 First Amendment Law Review 200 (Symposium, 2017) |
In a remarkably prescient article in a 1995 Yale Law Journal symposium on Emerging Media Technology and the First Amendment, Professor Eugene Volokh looked ahead to the coming Internet era and correctly predicted many changes. In Cheap Speech and What It Will Do, Volokh could foresee the rise of streaming music and video services such as Spotify... |
2017 |
|
| David N. Hempton, Dean, John Lord O'Brian Professor of Divinity, and McDonald Family Professor of Evangelical Theological Studies, Harvard Divinity School |
CHRISTIANITY AND HUMAN FLOURISHING: THE ROLES OF LAW AND POLITICS |
32 Journal of Law and Religion 53 (March, 2017) |
KEYWORDS: Christianity, law, human flourishing, violence, peacebuilding, Enlightenment, religious freedom, justice This essay was presented as a 2016 McDonald Distinguished Scholar Lecture at the Center for the Study of Law and Religion, Emory University. If I were to ask of any group to identify the three most dangerous threats to human... |
2017 |
|
| Michael Patrick Wilt, JD, LLM |
CIVIL DISOBEDIENCE AND THE RULE OF LAW: PUNISHING "GOOD" LAWBREAKING IN A NEW ERA OF PROTEST |
28 George Mason University Civil Rights Law Journal 43 (Fall, 2017) |
Martin Luther King, Jr. stated, Ordinarily, a person leaving a courtroom with a conviction behind him would wear a somber face. But I left with a smile. I knew that I was a convicted criminal, but I was proud of my crime. Should civil disobedience be a defense to a criminal charge? One of the main purposes of civil disobedience is to demonstrate... |
2017 |
|
| Harold A. McDougall |
CLASS CONTRADICTIONS IN THE CIVIL RIGHTS MOVEMENT: THE POLITICS OF RESPECTABILITY, DISRESPECT, AND SELF-RESPECT |
1 Howard Human & Civil Rights Law Review 45 (2016-2017) |
C1-2CONTENTS Introduction. 45 I. The Role of Narrative in Human History. 46 II. Racism in the United States: Narrative and Counter-Narrative. 49 III. The Politics of Respectability. 50 IV. The Politics of Disrespect. 56 V. The Politics of Self-Respect. 60 A. The Black Nationalist Project. 61 B. Stories of Self-Respect. 64 VI. Facing The African... |
2017 |
|
| Matthew Jacobson |
COLIN KAEPERNICK AND POLITICAL SPEECH IN THE WORKPLACE |
23 Maine Employment Law Letter 1 (September 1, 2017) |
Colin Kaepernick, formerly a quarterback for the San Francisco 49ers, has made headlines for his advocacy against police brutality and inequality in the United States. He refused to stand for the national anthem during last year's NFL season in hopes of bringing awareness to those issues and starting a national conversation about race. He is... |
2017 |
|
| Foulston Siefkin LLP |
COLIN KAEPERNICK AND POLITICAL SPEECH IN THE WORKPLACE |
24 Kansas Employment Law Letter 7 (November 1, 2017) |
Colin Kaepernick, formerly a quarterback for the San Francisco 49ers, has made headlines for his advocacy against police brutality and inequality in the United States. He refused to stand for the national anthem during last year's NFL season in hopes of bringing awareness to those issues and starting a national conversation about race. He is... |
2017 |
|
| Michelle Lewin, Nora Carroll |
COLLABORATING ACROSS THE WALLS: A COMMUNITY APPROACH TO PAROLE JUSTICE |
20 CUNY Law Review 249 (Spring, 2017) |
In developing a close friendship with a [parole] applicant incarcerated for more than 25 years, I have felt my heart expand, my notions of empathy stretched, and my understanding of the idea of fairness completely shift. --Aseem Mehta Parole Preparation Project volunteer I was able to let down my guard and become vulnerable to them, and they... |
2017 |
|
| Rafael Gely |
COLLECTIVE BARGAINING AND DISPUTE SYSTEM DESIGN |
13 University of Saint Thomas Law Journal 218 (Winter, 2017) |
From its very beginning, the field of dispute system design has been closely associated with the study of the collective bargaining process. The phrase dispute system design itself is attributed to the groundbreaking work of Professors Ury, Brett, and Goldberg, which drew heavily on a case study of the bituminous coal industry, an industry with a... |
2017 |
|
| John J. Donohue |
COMEY, TRUMP, AND THE PUZZLING PATTERN OF CRIME IN 2015 AND BEYOND |
117 Columbia Law Review 1297 (June, 2017) |
What a difference a decade makes. In 2006, 45% of Americans were worried a great deal about crime. By 2016, the number had jumped to 53%, the highest level since 9/11, which was the last time a majority of Americans had expressed that view. This increase in the level of fear buoyed Donald Trump to the presidency on his promise to restore law and... |
2017 |
|
| Reva B. Siegel |
COMMUNITY IN CONFLICT: SAME-SEX MARRIAGE AND BACKLASH |
64 UCLA Law Review 1728 (December, 2017) |
Did backlash to judicial decisions play a destructive role in debates over same-sex marriage, as was so often claimed? This Article questions assumptions about consensus and constitutionalism that undergird claims about judicial backlash, and explores some constructive functions of conflict in our constitutional order. The debate over same-sex... |
2017 |
|
| Sherally Munshi |
COMPARATIVE LAW AND DECOLONIZING CRITIQUE |
65 American Journal of Comparative Law 207 (Special Issue 2017) |
This Article seeks to reanimate comparative legal scholarship by reorienting it towards decolonizing critique. In his critical assessment of the state of the field, Pierre Legrand suggests that comparative law has become mired in a solipsistic and outmoded style of positivism. Drawing upon theoretical insights from critical theory, Legrand argues... |
2017 |
|
| Blanche Cook |
COMPLICIT BIAS: SEX-OFFENDER REGISTRATION AS A PENALTY FOR OBSTRUCTING SEX-TRAFFICKING PROSECUTIONS |
96 Nebraska Law Review 138 (2017) |
C1-3TABLE OF CONTENTS I. Introduction. 139 II. Case Synopsis. 145 III. The Federalization of Human Sex Trafficking. 147 IV. The Canons of Statutory Interpretation. 152 A. Plain Language of §§ 1591 and 16911. 152 B. The Legislative History. 160 1. Section 1591's Legislative History. 160 2. The Use of the T-Visa in Discouraging Obstruction. 166 3.... |
2017 |
|
| Lauren Latterell Powell |
CONCEALED MOTIVES: RETHINKING FOURTEENTH AMENDMENT AND VOTING RIGHTS CHALLENGES TO FELON DISENFRANCHISEMENT |
22 Michigan Journal of Race and Law 383 (Spring, 2017) |
Felon disenfranchisement provisions are justified by many Americans under the principle that voting is a privilege to be enjoyed only by upstanding citizens. The provisions are intimately tied, however, to the country's legacy of racism and systemic disenfranchisement and are at odds with the values of American democracy. In virtually every state,... |
2017 |
|
| Grace E. Leeper |
CONDITIONAL SPENDING AND THE NEED FOR DATA ON LETHAL USE OF POLICE FORCE |
92 New York University Law Review 2053 (December, 2017) |
When it wants to be, the federal government is good at counting things. It tracks average daily caffeine intake (300 milligrams per adult older than twenty-two in 2008), weekly instances of the flu (875 reported by public health laboratories in the week ending January 14, 2017), monthly production of hens' eggs (8.97 billion in December 2016), and... |
2017 |
|
| Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500, Website www.ndsny.org, E-mail rjones@ndsny.org |
CONFRONTING SYSTEMIC RACISM IN THE CRIMINAL JUSTICE SYSTEM: WE ALL HAVE A DUTY TO ACT |
41-AUG Champion 5 (August, 2017) |
Within the next calendar year, the first group of Americans born in the 21st century will become adults. In their short lifetimes, they have witnessed the rise of social media, electric cars and 3D printing. In many ways, however, the criminal justice system in the United States is still stuck in the 19th century. The modern prison boom, with... |
2017 |
|
| Robert J. Smith , Zoë Robinson |
CONSTITUTIONAL LIBERTY AND THE PROGRESSION OF PUNISHMENT |
102 Cornell Law Review 413 (January, 2017) |
The Eighth Amendment's prohibition on cruel and unusual punishment has long been interpreted by scholars and judges to provide very limited protections for criminal defendants. This understanding of the Eighth Amendment claims that the prohibition is operationalized mostly to prevent torturous methods of punishment or halt the isolated use of a... |
2017 |
|
| J. Shahar Dillbary |
CONTRACTING FOR TORTS |
52 Wake Forest Law Review 1057 (Winter 2017) |
In many instances, actors will not participate in a tortious activity unless others agree (or otherwise pre-commit) to join the activity or sponsor its operation. Contract law refuses to respect such agreements. It treats a promise to commit a tort or to induce the commission of a tort as unenforceable. This Article reveals that, in some cases,... |
2017 |
|
| Elaine Waterhouse Wilson |
COOPERATIVES: THE FIRST SOCIAL ENTERPRISE |
66 DePaul Law Review 1013 (Summer, 2017) |
Whether it is racial inequality, gun control, or reforming democracy, commentators urge philanthropy to solve seemingly intractable social problems. This is also true with one of the most talked-about current global issues: income inequality. Many in the charitable sector view income inequality as an issue they must address and one in which the... |
2017 |
|
| Caitlin V. Fox, Joseph A. Wallace Jr. |
CRIMES AND OFFENSES |
34 Georgia State University Law Review 89 (Fall, 2017) |
Crimes Against the Person: Provide for Increased Punishment when Certain Crimes are Committed Against Public Safety Officers; Amend Chapter 11 of Title 15, Title 16, and Code Section 85 of Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, Relating to the Juvenile Code, Crimes and Offenses, and Payment of... |
2017 |
|