| Author | Title | Citation | Summary | Year | Relevancy |
| Michael A. McCall , Madhavi M. McCall , Christopher E. Smith |
CRIMINAL JUSTICE AND THE 2015-2016 UNITED STATES SUPREME COURT TERM |
53 Willamette Law Review 185 (Spring, 2017) |
L1-3TABLE OF CONTENTS I. Introduction. 186 II. Case Selection, Coding, and Analytical Methods. 191 III. Empirical Measures of the Supreme Court's Decision Making. 195 IV. Case Decisions. 207 A. Unanimous Decisions. 207 B. Decisions with One Dissenter. 213 C. Two Divergent Outcomes in One Search Case. 217 D. Decisions with Two Dissenters. 219 E.... |
2017 |
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| Valeria Vegh Weis |
CRIMINAL SELECTIVITY IN THE UNITED STATES: A HISTORY PLAGUED BY CLASS & RACE BIAS |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The United States is at a pivotal moment in terms of rethinking class and racial inequality within the criminal justice system. However, there is a lack of shared conceptual tools to frame this debate. First, there is no clear or comprehensive theoretical tool to describe, categorize, or analyze class and racial inequality throughout the criminal... |
2017 |
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| Marc-Tizoc González |
CRIMINALIZING CHARITY: CAN FIRST AMENDMENT FREE EXERCISE OF RELIGION, RFRA, AND RLUIPA PROTECT PEOPLE WHO SHARE FOOD IN PUBLIC? |
7 UC Irvine Law Review 291 (June, 2017) |
Introduction. 293 I. Contested (Emic and Etic) Meanings of Sharing Food in Public. 301 A. Religious Charity or Ministry. 302 B. Political Solidarity or Mutual Aid. 307 C. Municipal Terms. 313 1. Food Distribution. 313 2. Homeless or Large Group Feeding. 315 3. Social Service Facilities and Outdoor Food Distribution Centers. 317 II. Publicly Sharing... |
2017 |
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| Barry J. Pollack , Miller & Chevalier, Washington, DC, 202-626-5800, Website www.milchev.com, Twitter @millerchevalier, E-mail bpollack@milchev.com |
CRIMINALIZING THE TRADITION OF PROTEST |
41-APR Champion 5 (April, 2017) |
One has a moral responsibility to disobey unjust laws. --Martin Luther King Jr. Protest beyond the law is not a departure from democracy; it is absolutely essential to it. --Howard Zinn We fought the Revolutionary War against Great Britain to obtain freedom from an oppressive monarch. We enshrined freedom of speech as the first among equals in... |
2017 |
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| Annie Lai , Christopher N. Lasch |
CRIMMIGRATION RESISTANCE AND THE CASE OF SANCTUARY CITY DEFUNDING |
57 Santa Clara Law Review 539 (2017) |
C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... |
2017 |
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| Terrie Sullivan |
CRUSHING THE BANDWAGON: THE MILLENNIAL PARADOX OF EMPLOYMENT OPPORTUNITY AND SOCIAL MEDIA |
66 DePaul Law Review 721 (Winter, 2017) |
Tell a joke that upsets the kids, and the next morning the student-activities director is going to be on the phone: to your agent, to NACA [National Association for Campus Activities], and--more crucially--to his or her co-equals at the other four colleges in the region that you booked. Highlighting the challenges comedians face in the wake of a... |
2017 |
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| Latonia Haney Keith |
CULTURAL COMPETENCY IN A POST-MODEL RULE 8.4(G) WORLD |
25 Duke Journal of Gender Law & Policy 1 (Fall, 2017) |
It is professional misconduct for a lawyer to: . (g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of... |
2017 |
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| William Heinke |
DEADLY FORCE: DIFFERING APPROACHES TO ARRESTEE EXCESSIVE FORCE CLAIMS |
26 Southern California Review of Law & Social Justice 155 (Spring, 2017) |
Peace cannot be kept by force. It can only be achieved by understanding. Excessive force has become a hot button issue in American news and politics in recent years. Videos of civilians being fatally shot by those charged with a duty to protect and serve society have sparked protests, riots, and even civil rights movements - most notably Black... |
2017 |
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| Andrea C. Armstrong |
DEATH ROW CONDITIONS THROUGH AN ENVIRONMENTAL JUSTICE LENS |
70 Arkansas Law Review 203 (2017) |
Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six... |
2017 |
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| Blanche Bong Cook |
DEATH-DEALING IMAGINATIONS: RACIAL PROFILING, CRIMINALITY, AND BLACK INNOCENCE |
63 Wayne Law Review 9 (Spring, 2017) |
In 1988, the George H. W. Bush campaign saturated the media airways with images, ads, and commercials featuring nightmarish, boogieman-like, and dog-whistling images of Willie Horton. Horton had raped a white female while he was temporarily released from prison on a weekend furlough program, where he was already serving a life sentence for... |
2017 |
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| Jocelyn Simonson |
DEMOCRATIZING CRIMINAL JUSTICE THROUGH CONTESTATION AND RESISTANCE |
111 Northwestern University Law Review 1609 (2017) |
Abstract--Collective forms of participation in criminal justice from members of marginalized groups--for example, when people gather together to engage in participatory defense, organized copwatching, community bail funds, or prison labor strikes--have a profound effect on everyday criminal justice. In this Essay I argue that these bottom-up forms... |
2017 |
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| Justin Hansford |
DEMOSPRUDENCE ON TRIAL: ETHICS FOR MOVEMENT LAWYERS, IN FERGUSON AND BEYOND |
85 Fordham Law Review 2057 (April, 2017) |
We must not pretend that the countless people who are routinely targeted by police are isolated. They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. Until... |
2017 |
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| Lonnie T. Brown, Jr. |
DIFFERENT LYRICS, SAME SONG: WATTS, FERGUSON, AND THE STAGNATING EFFECT OF THE POLITICS OF LAW AND ORDER |
52 Harvard Civil Rights-Civil Liberties Law Review 305 (Summer, 2017) |
C1-2Table of Contents I. Introduction. 306 II. The Watts Riots of 1965. 313 A. The Arrests of Marquette, Ronald, and Rena Frye. 313 B. Burn, Baby, Burn!. 314 C. Local Government's Reaction to the Riots. 316 D. White America's Reaction to the Riots. 318 E. The Federal Government's Response. 320 1. President Johnson's Reaction. 320 2. Ramsey Clark... |
2017 |
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DIGEST OF RECENT LITERATURE |
25 Journal of Affordable Housing & Community Development Law 339 (2017) |
This article argues that there is a real threat, whether by population decline, economic distress, and/or increased vacancy rates, to the preservation of historic buildings in six so-called legacy cities--Baltimore, Cleveland, Philadelphia, Providence, Richmond, and St. Louis. It describes these legacy cities and how recent property planning and... |
2017 |
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| John Felipe Acevedo |
DIGNITY TAKINGS IN THE CRIMINAL LAW OF SEVENTEENTH-CENTURY ENGLAND AND THE MASSACHUSETTS BAY COLONY |
92 Chicago-Kent Law Review 743 (2017) |
Punishment of criminals in the Anglo-American criminal justice system has always involved a degree of focus on the body of a convicted person although it has decreased over time. The Bloody Code of England inflicted capital punishment for all felony crimes, as well as treason, including for theft of objects worth as little as twelve shillings. In... |
2017 |
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| Peter Blanck |
DISABILITY IN PRISON |
26 Southern California Interdisciplinary Law Journal 309 (Spring, 2017) |
The 2016 symposium, Beating Mental Illness: A Dialogue on Race, Gender and Disability Stereotypes in Use of Force Cases, examined complex issues of race, gender, sexual orientation, and disability (i.e., intersectionality) in the context of the Black Lives Matter Movement and engagement with the criminal justice system. The use of force in... |
2017 |
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| Taylor N. Brailey |
DISCRIMINATION IN THE AGE OF SOCIAL MEDIA: THE NEW DANGERS OF CAT'S PAW LIABILITY |
35 Journal of Law and Commerce 271 (Spring, 2017) |
The increase of Internet technology has brought human interaction to an unprecedented level of complexity. Individuals now find ways to stay connected to one another through online platforms, such as increasingly-popular social media websites. These websites are characterized, among other things, by the efficiency with which individuals may share... |
2017 |
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| Andrew D. Selbst |
DISPARATE IMPACT IN BIG DATA POLICING |
52 Georgia Law Review 109 (Fall, 2017) |
Data-driven decision systems are taking over. No institution in society seems immune from the enthusiasm that automated decision-making generates, including--and perhaps especially--the police. Police departments are increasingly deploying data mining techniques to predict, prevent, and investigate crime. But all data mining systems have the... |
2017 |
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| Paul J. Sweeney, Coughlin & Gerhart, LLP |
'DOTH PROTEST TOO MUCH, METHINKS'--PROTECTED SPEECH IN THE WORKPLACE |
24 New York Employment Law Letter 1 (October 1, 2017) |
We recently saw President Donald Trump feud with professional athletes over their decision to take a knee during the playing of the national anthem, an act they said was to protest racism and social injustice in America. Many Americans are vocal and evenly divided on whether this form of televised activism is appropriate. Confronted with Black... |
2017 |
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| Roxanna Altholz |
ELUSIVE JUSTICE: LEGAL REDRESS FOR KILLINGS BY U.S. BORDER AGENTS |
-2017 |
Since the 1990s, U.S. Customs and Border Protection (CBP) agents have killed approximately fifty Mexican and U.S. nationals along the U.S.-Mexico border. Many of the victims, including several teenagers, were unarmed and shot in the back. The vast majority of CBP agents have faced no criminal, civil, or disciplinary action for their conduct. This... |
2017 |
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| Mary Ellen O'Connell |
ENDING THE EXCESSIVE USE OF FORCE AT HOME AND ABROAD |
31 Temple International and Comparative Law Journal 87 (Spring, 2017) |
In the mid-1980s the American Society of International Law (ASIL) launched an initiative to engage more women and minority members in the Society and international law more generally. Professor Henry Richardson was there, encouraging all of the new aspirants, including me. He is still doing that, and this essay in his honor is an expression of... |
2017 |
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| Mary Crossley |
ENDING-LIFE DECISIONS: SOME DISABILITY PERSPECTIVES |
33 Georgia State University Law Review 893 (Summer, 2017) |
My contribution to this symposium on Quinlan at 40: Exploring the Right to Die in the U.S. considers the challenges to end-of-life decision-making that disability poses. I am perhaps an odd choice to offer the disability perspective on this or any topic, as I am able bodied and of sound mind, at least for the moment. For the past thirty years,... |
2017 |
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| Olatunde C.A. Johnson |
EQUALITY LAW PLURALISM |
117 Columbia Law Review 1973 (November, 2017) |
This contribution to the Constance Baker Motley Symposium examines the future of civil rights reform at a time in which longstanding limitations of the antidiscrimination law framework, as well as newer pressures such as the rise of economic populism, are placing stress on the traditional antidiscrimination project. This Essay explores the openings... |
2017 |
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| Maurice R. Dyson |
EXCESSIVE FORCE, BIAS, AND CRIMINAL JUSTICE REFORM: PROPOSALS FOR CONGRESSIONAL ACTION |
63 Loyola Law Review 27 (Spring, 2017) |
INTRODUCTION: A NATIONAL EPIDEMIC OF TARGETED HARASSMENT & KILLINGS. 27 1. A ROUTINE OCCURRENCE. 29 2. MYOPIC MENTALITY & DIVISIVE RHETORIC. 30 3. COUNTERARGUMENTS TO THE POPULAR RHETORIC. 33 4. EVEN WHEN THE OFFICER IS A MINORITY, IT IS STILL INSTITUTIONALLY ENFORCED RACIAL OPPRESSION. 34 5. BRAINWASHED & WHITE WASHED: SOCIETAL & MEDIA PERCEPTIONS... |
2017 |
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| Abed Ayoub , Khaled Beydoun |
EXECUTIVE DISORDER: THE MUSLIM BAN, EMERGENCY ADVOCACY, AND THE FIRES NEXT TIME |
22 Michigan Journal of Race and Law 215 (Spring, 2017) |
On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the Muslim Ban. The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. With the Muslim Ban, President Trump... |
2017 |
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| Jamie R. Abrams |
EXPERIENTIAL LEARNING AND ASSESSMENT IN THE ERA OF DONALD TRUMP |
55 Duquesne Law Review 75 (Winter, 2017) |
Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and listserv activity to prepare to... |
2017 |
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| Emily Schaeffer Omer-Man |
EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS |
35 Boston University International Law Journal 115 (Spring, 2017) |
I. Introduction. 116 II. Recent Alleged Extrajudicial Killings in Israel Palestine. 119 III. A Pattern of Excessive Force Against Palestinians. 135 A. Arenas of Excessive Violence against Palestinians. 136 B. The Disparity in Law Enforcement Responses to Palestinians versus Jews. 140 IV. Lack of Accountability for Violence Against Palestinians. 143... |
2017 |
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| Johnathan M. Nixon |
EYE SPY INJUSTICE: DELVING INTO THE IMPLICATIONS POLICE BODY CAMERAS WILL HAVE ON POLICE OFFICERS AND CITIZENS |
60 Howard Law Journal 719 (Spring, 2017) |
INTRODUCTION. 720 I. HISTORICAL ISSUES OF POLICING. 723 A. Implicit Biases. 723 B. Accountability. 724 C. False Testimony. 725 D. Modern Day Policing. 726 II. REACTIONS TOWARDS INCIDENTS OF POLICE BRUTALITY. 726 A. Public Reactions. 726 B. Governmental Reactions. 729 III. THE IMPLEMENTATION OF BODY CAMERAS ON LAW ENFORCEMENT. 729 IV. POTENTIAL... |
2017 |
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| Kerri Thompson |
FAIR HOUSING'S TRAP DOOR: FIXING THE BROKEN DISPARATE IMPACT DOCTRINE UNDER THE FAIR HOUSING ACT |
25 Journal of Affordable Housing & Community Development Law 435 (2017) |
Fair housing advocates were relieved when the Supreme Court recently confirmed that disparate impact claims can be brought under the Fair Housing Act. But allowing these claims actually does little for people who have housing discrimination claims. Instead, the strict burden-shifting test used to apply disparate impact theory opens a trap door,... |
2017 |
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| Darrell A.H. Miller |
FEAR AND FIREARMS |
52 Tulsa Law Review 553 (Spring, 2017) |
Michael Waldman, The Second Amendment: A Biography (Simon & Schuster 2014). Pp. 272. Paperback $16.00. Firmin DeBrabander, Do Guns Make Us Free? Democracy and the Armed Society (Yale University Press 2015). Pp. 296. Hardcover $30.00. The principal actor in America's gun policy drama isn't the Second Amendment or even guns--it's fear. In Michael... |
2017 |
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