AuthorTitleCitationSummaryYearRelevancy
Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini FEMINISM IN THE AGE OF TRUMP 23 Cardozo Journal of Law & Gender 419 (Spring, 2017) March 28, 2017 Jennifer Ching Mai Ratakonda Miriam Ticktin Claudia Flores Julie Suk Jocelyn Getgen Kestenbaum Susanna Mancini [START RECORDING] Janae Hunte: Good evening everyone, and welcome to our Spring Symposium on Feminism in the Age of Trump for the Cardozo Journal of Law and Gender Volume 23. I'd like to thank all of you for attending and to... 2017  
Kimberly M. Sánchez Ocasio, Leo Gertner FIGHTING FOR THE COMMON GOOD: HOW LOW-WAGE WORKERS' IDENTITIES ARE SHAPING LABOR LAW 126 Yale Law Journal Forum 503 (April 19, 2017) Social movements led by workers in low-wage industries, from fast food to car washes to nursing homes, have upended the public narrative of who poor workers are and what they deserve both at work and at home. By doing so, these movements have won victories that were once considered unrealistic and doomed. As a result of the Fight for $15's... 2017  
Alanna Doherty FILMIC CONTRIBUTIONS TO THE LONG ARC OF THE LAW: LOVING AND THE NARRATIVE INDIVIDUALIZATION OF SYSTEMIC INJUSTICE OR, PERFECT PLAINTIFFS IN AN IMPERFECT NARRATIVE: PERFECTLY OPTIMISTIC FOR AN IMPERFECT POST-ELECTION WORLD? 50 Creighton Law Review 693 (June, 2017) I. INTRODUCTION. 694 II. NARRATIVE IDEOLOGY IN FILM AND LAW. 694 III. LOVING REPACKAGES THE LOVINGS' HISTORIC CIVIL RIGHTS STRUGGLE AGAINST WIDER SYSTEMIC OPPRESSION AS A PERSONAL VICTORY WON BY TRIUMPHANT INDIVIDUALS THROUGH THE POWER OF LOVE. 698 A. Loving's Narrative Focus on the Family as the Reason to Allow Interracial Marriage Resembles... 2017  
Jeremiah A. Ho FIND OUT WHAT IT MEANS TO ME: THE POLITICS OF RESPECT AND DIGNITY IN SEXUAL ORIENTATION ANTIDISCRIMINATION 2017 Utah Law Review 463 (2017) This Article considers the state of LGBTQ equality after the Supreme Court's decision in Obergefell v. Hodges. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the Article finds that the marriage cases at the Supreme Court--Obergefell and United... 2017  
SpearIt FIREPOWER TO THE PEOPLE! GUN RIGHTS & THE LAW OF SELF-DEFENSE TO CURB POLICE MISCONDUCT 85 Tennessee Law Review 189 (Fall, 2017) Introduction to an Ongoing Crisis in Criminal Justice. 190 I. Exercising Self-Defense Under Law of Color. 194 A. Race Matters to Everyone. 194 B. A Logical Absurdity. 199 II. Gun Rights Logic. 201 A. Legislative Responses to Mass Shootings. 201 B. Protecting the Person: Model Penal Code & Majority Views. 204 i. Self Defense: Reasonable Belief,... 2017  
Terrence Scudieri FLEEING WHILE BLACK: HOW MASSACHUSETTS RESHAPED THE COUNTOURS OF THE TERRY STOP 54 American Criminal Law Review Online 42 (2017) In its recent opinion in Commonwealth v. Warren, the Massachusetts Supreme Judicial Court stated that when a black male flees from a Field Interrogation Operation (FIO), such flight is not necessarily probative of a suspect's state of mind or consciousness of guilt. The court found that because men of color are frequent subjects of racial... 2017  
Mark Bittman, Michael Pollan, Olivier De Schutter, Ricardo Salvador FOOD AND MORE: EXPANDING THE MOVEMENT FOR THE TRUMP ERA 13 Journal of Food Law & Policy 26 (Spring, 2017) If the recent election had an upside, it's this: It demonstrated that the good food movement is real. Four jurisdictions--Boulder, Oakland, San Francisco, and Albany (California)--approved taxes on soda, which will benefit both public health and public finances. (Two days later, lawmakers in Cook County, Illinois, also approved a soda tax, becoming... 2017  
Matthew Titolo FOREWORD: CLASSCRITS IX SYMPOSIUM ISSUE 39 Western New England Law Review 449 (2017) Each year since 2008, a network of scholars, practitioners and activists have held a conference to discuss socioeconomic inequality in the United States and around the world. The immediate occasion of the first meeting of the ClassCrits group was the financial meltdown and the cascading social effects of the global crisis within the neoliberal... 2017  
Nancy S. Marder FOSTER v. CHATMAN: A MISSED OPPORTUNITY FOR BATSON AND THE PEREMPTORY CHALLENGE 49 Connecticut Law Review 1137 (May, 2017) In 2016, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson v. Kentucky. The Court reached the right result, but missed an important opportunity. The Court should have acknowledged that after thirty years of the Batson experiment, it is clear that... 2017  
Richard Delgado , Jean Stefancic FOUR IRONIES OF CAMPUS CLIMATE 101 Minnesota Law Review 1919 (May, 2017) One of the central issues in the campus-climate controversy is hate speech, including verbal microaggressions. Although the controversy encompasses many other issues--such as safe spaces, trigger warnings by classroom teachers, curricular coverage of topics of particular interest to minorities, fraternity parties that feature blackface or other... 2017  
Heidi Kitrosser FREE SPEECH, HIGHER EDUCATION, AND THE PC NARRATIVE 101 Minnesota Law Review 1987 (May, 2017) L1I. The First Amendment's Political and Cultural Roles. R21993 II. Campus PC Debates, Then and Now. 1998 A. Methodology in Selecting Press Reports To Review. 1998 B. Campus PC Debates: 1989-1995. 2000 1. Defining PC and Sounding the Alarm. 2000 2. And Yet . A Relative Consensus on Formal Speech Restrictions. 2003 3. The Arguments Against Formal... 2017  
Connie Felix Chen FREEZE, YOU'RE ON CAMERA: CAN BODY CAMERAS IMPROVE AMERICAN POLICING ON THE STREETS AND AT THE BORDERS? 48 University of Miami Inter-American Law Review 141 (Spring, 2017) In the United States, recent killings of civilians by law enforcement have propelled body cameras to the forefront of solutions to the epidemic of police misconduct. Preliminary studies suggest that body cameras create a win-win situation for both the police and the public by producing a civilizing effect on all parties involved. The problem,... 2017  
Tom R. Tyler FROM HARM REDUCTION TO COMMUNITY ENGAGEMENT: REDEFINING THE GOALS OF AMERICAN POLICING IN THE TWENTY-FIRST CENTURY 111 Northwestern University Law Review 1537 (2017) Abstract--Society would gain if the police moved away from the goal of harm reduction via crime reduction and toward promoting the economic, social, and political vitality of American communities. Research suggests that the police can contribute to this goal if they design and implement their policies and practices in ways that promote public... 2017  
Laura Rene McNeal FROM HOODIES TO KNEELING DURING THE NATIONAL ANTHEM: THE COLIN KAEPERNICK EFFECT AND ITS IMPLICATIONS FOR K-12 SPORTS 78 Louisiana Law Review 145 (Fall, 2017) C1-2Table of Contents Introduction. 146 I. Social Activism Enters the World of High School Sports: The Colin Kaepernick Effect. 152 A. The Rebirth of Social Activism in Sports: The Evolution of the Kaepernick Effect. 153 B. The Emergence of Social Protests in High School Sports and Disciplinary Consequences. 158 II. Freedom of Expression... 2017  
G. Reginald Daniel , Jasmine Kelekay FROM LOVING v. VIRGINIA TO BARACK OBAMA: THE SYMBOLIC TIE THAT BINDS 50 Creighton Law Review 641 (June, 2017) The year 2017 marks the fiftieth anniversary of the 1967 United States Supreme Court decision in Loving v. Virginia, which declared anti-miscegenation laws to be unconstitutional. For many, the Loving decision represents a symbolic turning point in the history of United States racial politics. Some even celebrate the Loving decision and the argued... 2017  
Carl Takei FROM MASS INCARCERATION TO MASS CONTROL, AND BACK AGAIN: HOW BIPARTISAN CRIMINAL JUSTICE REFORM MAY LEAD TO A FOR-PROFIT NIGHTMARE 20 University of Pennsylvania Journal of Law and Social Change 125 (2017) Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If progressive advocates rely solely on this alliance... 2017  
Herman N. Johnson Jr. FROM STATUS TO AGENCY: ABOLISHING THE "VERY SPIRIT OF SLAVERY" 7 Columbia Journal of Race and Law 245 (2017) In response to challenges that the disparate impact doctrine violates the Fourteenth Amendment's Equal Protection Clause, the Thirteenth Amendment provides a constitutional foundation that deflects the equal protection argument. Early interpreters of the Thirteenth Amendment envisioned the provision as a means to abolish chattel as well as civil... 2017  
Devon W. Carbado FROM STOPPING BLACK PEOPLE TO KILLING BLACK PEOPLE: THE FOURTH AMENDMENT PATHWAYS TO POLICE VIOLENCE 105 California Law Review 125 (February, 2017) The years 2014 to 2016 likely will go down as a significant if not watershed period in the history of U.S. race relations. Police killing of African Americans has engendered further conversations about race and policing. Yet, in most of the discussions about these tragic deaths, little attention has been paid to a significant dimension of the... 2017  
Vanita Saleema Snow FROM THE DARK TOWER: UNBRIDLED CIVIL ASSET FORFEITURE 10 Drexel Law Review 69 (2017) The Black Lives Matter movement reinforces that race dominates all aspects of the judicial system. Police officers are significantly more likely to stop African Americans than Whites. Even when a stop or arrest is unwarranted, law enforcement agencies can still profit from the property seized under the guise of forfeiture statutes. Various state... 2017  
Donna Farag FROM TWEETER TO TERRORIST: COMBATTING ONLINE PROPAGANDA WHEN JIHAD GOES VIRAL 54 American Criminal Law Review 843 (Summer, 2017) Ali Shukri Amin was a seventeen-year old high school honors student with a bright future ahead of him. Diagnosed with a chronic disorder that disrupted his academic career, Amin felt isolated and grappled with his faith and global events. He focused his attention specifically on the Middle East, struggling to understand the civil war in Syria as he... 2017  
Sahar F. Aziz GLOBAL CONFLICT AND POPULISM IN A POST-9/11 WORLD 52 Tulsa Law Review 395 (Winter, 2017) It is a privilege to be here today to deliver the Seventeenth Annual Buck Colbert Franklin Civil Rights Lecture. As a civil rights attorney and law professor working with Muslim and Arab American communities who are among the most unpopular minority group today, it is a special honor to recognize the noble work of Buck Colbert Franklin. It is... 2017  
Evan J. Mandery GREGG AT 40 46 Southwestern Law Review 275 (2017) In early April 1976, Potter Stewart, Lewis Powell, and John Paul Stevens met for lunch at the Monocle--a venerable Washington steakhouse--and decided the future of the American death penalty. The three Justices were in a bind. Each harbored substantial misgivings about capital punishment, but each--Stewart especially--also felt constrained by the... 2017  
Catherine M. Grosso, Barbara O'Brien GROUNDING CRIMINAL PROCEDURE 20 Journal of Gender, Race and Justice 53 (February, 2017) I. Introduct ion. 54 II. Casebooks and Cases. 57 A. The Casebook Review. 61 1. On Race and Racism. 62 2. On Procedure. 64 3. The Crimes at Issue. 64 B. One Year of Fourth Amendment Opinions. 65 1. Defining a Sample for Review. 66 2. On Race and Racism. 67 3. On Procedure. 68 4. The Crimes at Issue. 69 C. Comparisons and Observations. 69 1. On Race... 2017  
Areto A. Imoukhuede GUN RIGHTS AND THE NEW LOCHNERISM 47 Seton Hall Law Review 329 (2017) I. Introduction. 330 II. Implementing a Lochner Era Ideal: Reduced Regulatory Power. 333 A. Lochnerism's Regulatory Goals. 333 1. Liberty. 334 2. Federalism: States' Rights. 337 3. Limited Government. 337 B. Lochnerism's Problems. 338 1. Ignores Governmental Duty. 339 2. Inconsistent, Value Based Decisions. 339 3. Hostile to Public Safety and... 2017  
Allison M. Mosig HATE OR CIVIC PRIDE? THE SPEECH OF SYMBOLS IN THE UNITED STATES, GERMANY AND JAPAN 40 Suffolk Transnational Law Review 73 (Winter, 2017) Since the United States Civil War, the Confederate Battle Flag of the South has been the subject of much controversy in the United States. The debate surrounding how the country should handle this flag has recently been renewed, in large part due to a mass shooting at a Charleston, South Carolina church by a young white man with ties to white... 2017  
Adrien Katherine Wing HENRY J. RICHARDSON III: A CRITICAL RACE MAN 31 Temple International and Comparative Law Journal 377 (Spring, 2017) I knew Henry Richardson before I knew myself. I knew Henry Richardson before I knew there was a Henry Richardson. What can I possibly mean by these seemingly nonsensical statements? In the early 1960s, my father Dr. John E. Wing Jr. and my mother Katherine P. Wing moved with our family of three tiny children from Los Angeles, California to... 2017  
James T. Gathii HENRY J. RICHARDSON III: THE FATHER OF BLACK TRADITIONS OF INTERNATIONAL LAW 31 Temple International and Comparative Law Journal 325 (Spring, 2017) Without any doubt, Professor Henry J. Richardson III is the father of Black traditions of international law. Before he came along, the voices, perspectives, and concerns of Blacks in particular, and other subordinated groups around the globe in general, were missing in international legal scholarship as well as in the leading societies of the... 2017  
Barry J. Pollack , Miller & Chevalier, Washington, DC, 202-626-5800, Website www.milchev.com, Twitter@millerchevalier, E-mail bpollack@milchev.com HEROES 41-JUN Champion 5 (June, 2017) The best thing I did was to choose the right heroes. --Warren Buffett I think a hero is any person really intent on making this a better place for all people. --Maya Angelou Poor is the nation that has no heroes, but poorer still is the nation that having heroes, fails to remember and honor them. --Marcus Cicero At a recent NACDL meeting, I... 2017  
Rachel Levinson-Waldman HIDING IN PLAIN SIGHT: A FOURTH AMENDMENT FRAMEWORK FOR ANALYZING GOVERNMENT SURVEILLANCE IN PUBLIC 66 Emory Law Journal 527 (2017) Over the last several decades, the range and capabilities of easily available technologies have expanded at an astonishing pace. The beeper gave way to the flip phone, which has largely been replaced by the smartphone, a minicomputer that fits in the palm of your hand and is more powerful than the desktop machine of the 1980s. Paper maps are... 2017  
Judith A. Parker HOW A DIVERSE ADMINISTRATIVE LAW JUDGE FIELD FOSTERS LONGEVITY AND PUBLIC CONFIDENCE 37 Journal of the National Association of Administrative Law Judiciary 1 (Spring, 2017) I Introduction. 2 II The Current State of Minority and Women Legal Professionals is Good News, but It Could be Better. 7 III Offices Hiring ALJs Should Adopt the Business Community's Path to Diversity. 9 IV Social Science Posits that Diversity Trumps Ability. 12 V The ABA Offers Multiple Reasons to Support Diversity in the Legal Profession. 15 VI... 2017  
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