| Author | Title | Citation | Summary | Year | Key Terms |
| Elizabeth Jones |
THE PROFITABILITY OF RACISM: DISCRIMINATORY DESIGN IN THE CARCERAL STATE |
57 University of Louisville Law Review 61 (2018) |
The name Kalief Browder is familiar to many. Beginning at age sixteen, Browder was incarcerated on Riker's Island, where he spent most of his time in solitary confinement. Browder remained in detention due to his family's financial inability to post bail for the theft of a backpack, a charge that was later dismissed. After his release, he... |
2018 |
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| Keith D. Stewart |
THE PROHIBITION ERA AND POLICING: A LEGACY OF MISREGULATION: BY WESLEY M. OLIVER | VANDERBILT UNIVERSITY PRESS | $27.95 | 280 PAGES | 2018 |
54-SEP Tennessee Bar Journal 25 (September, 2018) |
An ancient attic in Maine held an antebellum treasure until Professor Wesley Oliver ferreted it out. Lying prone before him in a rusty, dusty trunk was the origin of the exclusionary rule. Once thought to be the creation of the Supreme Court in 1886, the exclusionary rule actually came to life in 1854 in Maine and then lay dormant for 32 years.... |
2018 |
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| Michael Kagan |
THE PUBLIC DEFENDER'S PIN: UNTANGLING FREE SPEECH REGULATION IN THE COURTROOM |
112 Northwestern University Law Review 1245 (2018) |
Abstract--Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear Black Lives Matter pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in... |
2018 |
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| John Inazu |
THE PURPOSE (AND LIMITS) OF THE UNIVERSITY |
2018 Utah Law Review 943 (2018) |
Scholars of the university have produced volumes about growing pressures on the coherence and purpose of institutions of higher education. Meanwhile, legal scholars' writing about the university has typically focused on its First Amendment dimensions. This Article links insights from these two groups of scholars to explore the purpose of the... |
2018 |
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| Bruce Ledewitz |
THE RESURRECTION OF TRUST IN AMERICAN LAW AND PUBLIC DISCOURSE |
56 Duquesne Law Review 21 (Summer, 2018) |
I. Introduction. 21 II. What is the Death of Truth?. 22 III. How Did the Absence of Trust that Leads to the Death of Truth Come About?. 28 IV. What Can Be Done about the Loss of Trust that Leads to the Death of Truth?. 37 V. Regaining Self-Government. 43 VI. Conclusion. 46 |
2018 |
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| Scott E. Sundby |
THE RUGGED INDIVIDUAL'S GUIDE TO THE FOURTH AMENDMENT: HOW THE COURT'S IDEALIZED CITIZEN SHAPES, INFLUENCES, AND EXCLUDES THE EXERCISE OF CONSTITUTIONAL RIGHTS |
65 UCLA Law Review 690 (April, 2018) |
Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag.... |
2018 |
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| Jeremy K. Kessler , David E. Pozen |
THE SEARCH FOR AN EGALITARIAN FIRST AMENDMENT |
118 Columbia Law Review 1953 (November, 2018) |
Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation--generating widespread accusations that the Court has created a new Lochner. This introduction to the Columbia Law Review's Symposium on Free Expression... |
2018 |
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| Cedric Merlin Powell |
THE STRUCTURAL DIMENSIONS OF RACE: LOCK UPS, SYSTEMIC CHOKEHOLDS, AND BINARY DISRUPTIONS |
57 University of Louisville Law Review 7 (2018) |
Disrupting traditional conceptions of structural inequality, state decision-making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman Jr.'s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler's evocative and transformative book, Chokehold. While both books grapple... |
2018 |
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| Myron Orfield , William Stancil |
THE SUMMIT FOR CIVIL RIGHTS: MISSION, STRUCTURE, AND INITIAL OUTCOMES |
36 Law & Inequality: A Journal of Theory and Practice 191 (Summer, 2018) |
The Summit for Civil Rights began with a simple premise. In decades past, Americans built a powerful and transformative Civil Rights Movement. Although that movement won historic victories, many of the problems it sought to address--racial segregation, economic inequality, and a persistent lack of opportunity in many communities--have remained, or... |
2018 |
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| John Bennett |
THE TOTALITARIAN IDEOLOGICAL ORIGINS OF HATE SPEECH REGULATION |
46 Capital University Law Review 23 (Winter, 2018) |
Obviously, political correctness is a strategy of intimidation in the struggle for intellectual and educational power. - Arthur Schlesinger, Jr., historian and special assistant to John F. Kennedy For many members of the former Marxist left, the death of Communism has been replaced equally fervidly with advocacy of the new Pc. - Ronald Radosh,... |
2018 |
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| Kathryn P. Banks, J.D., LL.M., DIRECTOR, CHILDREN'S RIGHTS CLINIC, WASHINGTON UNIVERSITY SCHOOL OF LAW |
THE TRICKLE UP EFFECT: INCORPORATING AN UNDERSTANDING OF IMMIGRATION LAW AND POLICIES INTO BEST INTEREST ANALYSIS IN STATE CHILD WELFARE PROCEEDINGS |
17 Washington University Global Studies Law Review 627 (2018) |
Immigration law is an area of legal practice that requires an understanding of a complex, ever-changing landscape. With policies and laws widely changing, sometimes within the span of 280 characters, immigration attorneys have to be ready to address each crisis facing our nation's broken immigration system. In the past eight weeks, the United... |
2018 |
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| Jonathan Todres |
THE TRUMP EFFECT, CHILDREN, AND THE VALUE OF HUMAN RIGHTS EDUCATION |
56 Family Court Review 331 (April, 2018) |
Since launching his presidential campaign, Donald Trump's rhetoric has often been divisive as well as demeaning of selected groups. This article examines the impact of Trump's rhetoric on children and their communities and explores the role that human rights education can play in responding to Trump and forging broader support for human rights. The... |
2018 |
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| Natalie Nanasi |
THE U VISA'S FAILED PROMISE FOR SURVIVORS OF DOMESTIC VIOLENCE |
29 Yale Journal of Law & Feminism 273 (2018) |
Abstract: Recognizing the unique vulnerabilities of immigrants who become victims of crime in the United States, Congress enacted the U visa, a form of immigration relief that provides victims, including survivors of domestic violence, a path to lawful status. Along with this humanitarian aim, the U visa was intended to aid law enforcement in... |
2018 |
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| Bruce Zagaris |
THE U.S. AND INTERNATIONAL LAW ON ELECTION INTERFERENCE |
34 International Enforcement Law Reporter 114 (March 1-March 31, 2018) |
On March 7, 2018, Eddie Skolnick and Jessica Alsart, both students at Georgetown Law School, introduced the Georgetown Law School's Global Law program entitled Election Interference and International Law and announced the program has prepared a paper. Carrie Cordero (CC), Counsel at Zwill Gen PLLC, said the U.S. intelligence community has... |
2018 |
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| Adam Crepelle |
THE UNITED STATES FIRST CLIMATE RELOCATION: RECOGNITION, RELOCATION, AND INDIGENOUS RIGHTS AT THE ISLE DE JEAN CHARLES |
6 Belmont Law Review 1 (2018) |
INTRODUCTION. 2 I. HOW THE RESIDENTS OF THE ISLAND BECAME CLIMATE REFUGEES. 4 A. Taming the Mississippi. 5 B. The Oil Industry. 6 II. LOUISIANA'S COASTAL INDIGENOUS COMMUNITIES. 8 A. Indian Tribes, the Environment, and Federal Recognition. 9 B. A Brief History of Louisiana's Coastal Tribes. 13 C. Cultural Struggles and the Environment. 17 III.... |
2018 |
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| Lisa R. Pruitt |
THE WOMEN FEMINISM FORGOT: RURAL AND WORKING-CLASS WHITE WOMEN IN THE ERA OF TRUMP |
49 University of Toledo Law Review 537 (Spring, 2018) |
I. Forgotten, Invisible, Hidden. 543 A. Rural Americans. 543 B. Working-Class Whites. 547 II. From Neglect to Contempt. 552 III. So What's Been Going on with Those Women While We Weren't Looking?. 557 A. The Gendered Rural Socioeconomic Milieu. 557 B. Violence Against Women and Rural Porn. 560 C. Deaths of Despair. 561 IV. The 2016 Election:... |
2018 |
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| Richard A. Epstein |
THE WRONG RIGHTS, OR: THE INESCAPABLE WEAKNESSES OF MODERN LIBERAL CONSTITUTIONALISM |
85 University of Chicago Law Review 403 (March, 2018) |
My thesis is that modern progressive or social-democratic liberal constitutionalism invites economic decline and political polarization, even if it avoids the massive institutional rot that pervades authoritarian regimes. Its key omission is its conscious decision not to specify the protected individual rights, of which individual autonomy, private... |
2018 |
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| Samia E. McCall |
THINKING OUTSIDE OF THE RACE BOXES: A TWO-PRONGED APPROACH TO FURTHER DIVERSITY AND DECREASE BIAS |
2018 Brigham Young University Education and Law Journal 23 (2018) |
Diverse perspectives and experiences are central to academic quality because they expand creative thought and analysis, test unexamined assumptions, challenge accepted truths, and broaden understanding of ourselves and our world .. - Reverend Paul L. Locatelli In spite of increases in diversity across university campuses nationwide, American... |
2018 |
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| Makiba Gaines |
THIS MEANS WAR: A CASE FOR JUST REPARATIONS UNDER THE DOCTRINE OF INALIENABILITY |
30 Regent University Law Review 433 (2017-2018) |
A close examination of America's post-emancipation timeline reveals incessant cycles of racial discord marked by turbulent junctures of conflict between Blacks and American governments. Sustained antagonism is evinced by at least one major declaration of mass dissent every twenty to thirty years since ratification of the Thirteenth Amendment. Most... |
2018 |
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| Ronald T. Hosko |
THROUGH POLICE EYES--THE FERGUSON EFFECT SCARE |
23 Berkeley Journal of Criminal Law 9 (Spring, 2018) |
The dynamic world of American policing encountered a period of great turbulence during the closing years of Barack Obama's presidency. Some place blame at his feet while others recognize the broader complexities of police and community relations, the impact of serious and deadly use of force incidents, the amplifying effect of the media, expansion... |
2018 |
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| Ross E. Davies |
THURGOOD MARSHALL AND (AND VERSUS) JOHN W. DAVIS |
8 Journal of Law: A Periodical Laboratory of Legal Scholarship 1 (2018) |
The undated letter (obviously sent in late 1963) reproduced on the next page is a form letter (also obviously) sent by West Publishing Company to federal judges, announcing the company's annual distribution of snazzy appointment books - just a little courtesy to foster good relations between the law publisher and the producers of some of the most... |
2018 |
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| Cheryl Bratt |
TOP-DOWN OR FROM THE GROUND?: A PRACTICAL PERSPECTIVE ON REFORMING THE FIELD OF CHILDREN AND THE LAW |
127 Yale Law Journal Forum 917 (April 30, 2018) |
Children get a raw deal in this country--at the federal, state, and family levels. Consider, for example, the start of 2018, when Congress recast children as bargaining pieces, leveraging continued funding of the Children's Health Insurance Program (CHIP) over extending deportation protections to the Dreamers. While such debate raged in Washington,... |
2018 |
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| Amna A. Akbar |
TOWARD A RADICAL IMAGINATION OF LAW |
93 New York University Law Review 405 (June, 2018) |
In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... |
2018 |
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| P. Khalil Saucier |
TRACES OF THE SLAVE PATROL: NOTES ON BREED-SPECIFIC LEGISLATION |
10 Drexel Law Review 673 (2018) |
This Article explores the ways in which antiblackness haunts nationwide breed-specific legislation of today. Dogs have long featured as a constitutive element in the antiblack dynamics of police power. Central to slave patrols of the past, dogs remain essential to current law enforcement practices. The blackening of breed-specific legislation in... |
2018 |
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| Erwin Chemerinsky |
TRANSCRIPT OF KEYNOTE SPEECH |
54 Idaho Law Review 287 (2018) |
Stephon Clark, Michael Brown, Eric Garner, Laquan McDonald, Walter Scott-all of these individuals share something in common. They all were African-American men who were unarmed, who were killed by police officers. The most recent of these occurred just a few weeks ago in Sacramento--the name I mentioned first-- Stephon Clark. Police got a call of... |
2018 |
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| Shristi Devu |
TRAPPED IN THE SHACKLES OF AMERICA'S CRIMINAL JUSTICE SYSTEM |
20 Scholar: St. Mary's Law Review on Race and Social Justice 217 (2018) |
Communities can be destroyed by both crime and punishment. --Paul Butler I. Historical Background. 219 II. The Law as a Weapon. 221 A. The Criminal Justice System and the War on Drugs. 222 1. The 3 Strikes Laws. 223 2. Mandatory Minimum Sentencing. 224 B. Prosecutorial Discretion. 225 III. Collateral Consequences. 225 A. Employment. 226 B.... |
2018 |
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| Edwin Lindo , Brenda Williams , Marc-Tizoc González |
UNCOMPROMISING HUNGER FOR JUSTICE: RESISTANCE, SACRIFICE, AND LATCRIT THEORY |
16 Seattle Journal for Social Justice 727 (Spring, 2018) |
Introduction. 730 I. Brenda Williams, Silence as a Precursor. 732 A. The Frisco 5 Hunger Strike for Justice. 738 B. Collecting the Facts of Injustice in San Francisco. 741 C. From Silence to Action. 744 D. Justicia: From the Background to the Center of Dialogue. 747 II. Edwin Lindo--Justicia y Sacraficio (Justice and Sacrifice). 751 A. Four... |
2018 |
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| Jennifer M. Chacón |
UNSETTLING HISTORY CITY OF INMATES: CONQUEST, REBELLION, AND THE RISE OF HUMAN CAGING IN LOS ANGELES, 1771-1965. BY KELLY LYTLE HERNÁNDEZ. CHAPEL HILL, N.C.: UNIVERSITY OF NORTH CAROLINA PRESS. 2017. PP. 301. $28.00 |
131 Harvard Law Review 1078 (February, 2018) |
At the time she set out to write City of Inmates, Professor Kelly Lytle Hernández wanted to tell the story of the long rise of incarceration in Los Angeles (p. 1). As a Los Angeles-based scholar, she was understandably drawn to study the question of how it was that Los Angeles came to operate[] the world's largest jail system. How did it come... |
2018 |
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| Chaz Arnett |
VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND THE ADULTIFICATION OF JUVENILE COURTS |
108 Journal of Criminal Law and Criminology 399 (Summer, 2018) |
In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander's groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening,... |
2018 |
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| Angela Onwuachi-Willig |
WHAT ABOUT #USTOO?: THE INVISIBILITY OF RACE IN THE #METOO MOVEMENT |
128 Yale Law Journal Forum 105 (June 18, 2018) |
abstract. Women involved in the most recent wave of the #MeToo movement have rightly received praise for breaking long-held silences about harassment in the workplace. The movement, however, has also rightly received criticism for both initially ignoring the role that a woman of color played in founding the movement ten years earlier and in failing... |
2018 |
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