| Author | Title | Citation | Summary | Year | Key Terms |
| Mario L. Barnes, Erwin Chemerinsky |
WHAT CAN BROWN DO FOR YOU?: ADDRESSING MCCLESKEY v. KEMP AS A FLAWED STANDARD FOR MEASURING THE CONSTITUTIONALLY SIGNIFICANT RISK OF RACE BIAS |
112 Northwestern University Law Review 1293 (2018) |
Abstract--This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court's opinion reinforced the cramped understanding that constitutional claims require evidence of... |
2018 |
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| Vid Sankar |
WHAT HAPPENS WHEN POLICE ROBOTS VIOLATE THE CONSTITUTION? REVISITING THE QUALIFIED IMMUNITY STANDARD FOR EXCESSIVE FORCE LITIGATION UNDER ยง 1983 REGARDING VIOLATIONS PERPETRATED BY ROBOTS |
20 Vanderbilt Journal of Entertainment and Technology Law 947 (Spring, 2018) |
Public concern surrounding excessive use of force by police officers and the overmilitarization of the police continues to grow. The use of police robots, both with and without artificial intelligence capabilities, is already transforming the practice of policing. Police use of robots gained national attention on July 7, 2016, when Dallas police... |
2018 |
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| Josephine Ross |
WHAT THE #METOO CAMPAIGN TEACHES ABOUT STOP AND FRISK |
54 Idaho Law Review 543 (2018) |
I felt helpless .. Like my [modeling] agency said, he has a lot of power. I've never experienced a pat-down in my life, where officers do not go into your pockets, do not go into your pants, do not open your jacket, do not fondle your genitals[.] C1-2TABLE OF CONTENTS I. INTRODUCTION. 543 II. ERIC GARNER. 546 III. THE FRISK. 549 A. Frisks as... |
2018 |
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| Shanice Dara Hinckson |
WHAT'S IN A NAME?: DEFINING TERRORISTS AND TERRORIST ORGANIZATIONS |
61 Howard Law Journal 397 (Winter, 2018) |
INTRODUCTION. 398 I. THE EVOLVING CONCEPT OF TERRORISM. 400 A. Origins of Terrorism. 401 B. Modern Terrorism in the United States. 402 II. DIVIDED WE FALL: IMPACT OF CURRENT STANDARD FOR CLASSIFYING AN INDIVIDUAL AS A TERRORIST AND AN ORGANIZATION AS A TERROR ORGANIZATION. 409 III. ONE NATION, ONE STANDARD: IMPLEMENTING ONE UNIFIED STANDARD FOR... |
2018 |
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| Steven W. Bender , Francisco Valdes , Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona |
WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
16 Seattle Journal for Social Justice 823 (Spring, 2018) |
Two decades and two years later, the larger riptides of contemporary social and political events continue to shape the substance, direction, and prospects of our shared work as activist scholars. Having acknowledged the complex connections between our programmatic work and history's contested arc throughout this time, we should not be surprised now... |
2018 |
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| Kimani Paul-Emile |
WHEN A WRONGFUL BIRTH CLAIM MAY NOT BE WRONG: RACE, INEQUALITY, AND THE COST OF BLACKNESS |
86 Fordham Law Review 2811 (May, 2018) |
The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent... |
2018 |
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| Hon. Bernice Bouie Donald |
WHEN THE RULE OF LAW BREAKS DOWN: IMPLICATIONS OF THE 1866 MEMPHIS MASSACRE FOR THE PASSAGE OF THE FOURTEENTH AMENDMENT |
98 Boston University Law Review 1607 (December, 2018) |
Scholars typically discuss the rule of law as an abstract concept, rather than a practical reality susceptible to failure. The Memphis Massacre of 1866 provides a valuable case study in the failure of foundational principles of the rule of law. After the Civil War, in Memphis, Tennessee, there was a massive influx of former slaves, coterminous with... |
2018 |
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| Demetria Frank , Daniel Kiel |
WHERE DO WE GO FROM HERE: MEMPHIS AND THE LEGACY OF DR. KING'S UNFINISHED WORK |
49 University of Memphis Law Review 1 (Fall, 2018) |
I. Introduction. 1 A. The Symbols. 2 B. The Reality. 4 II. The Topics. 6 A. Political Participation. 6 B. Education. 9 C. Criminal Justice. 13 D. Public Health and Housing. 19 III. Contemporary Activism in Memphis. 22 IV. Closing. 26 |
2018 |
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| Darren Lenard Hutchinson |
WHO LOCKED US UP? EXAMINING THE SOCIAL MEANING OF BLACK PUNITIVENESS: LOCKING UP OUR OWN: CRIME AND PUNISHMENT IN BLACK AMERICA: BY JAMES FORMAN, JR. FARRAR, STRAUS AND GIROUX, 2017 |
127 Yale Law Journal 2388 (June, 2018) |
Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of... |
2018 |
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| Alice E. Marwick |
WHY DO PEOPLE SHARE FAKE NEWS? A SOCIOTECHNICAL MODEL OF MEDIA EFFECTS |
2 Georgetown Law Technology Review 474 (Spring, 2018) |
In 2017, Peter Daou launched Verrit, a partisan news site targeted to Democratic voters disappointed with the results of the 2016 election. The site consists of single quotations, facts, and statistics, each formatted as a graphic and labeled with a unique identification code to indicate authenticity and accuracy. For instance, a Verrit article... |
2018 |
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| Kristine Ruhl |
"AN ALARMING TREND": THE DANGERS OF RECENTLY PROPOSED ANTI-PROTEST LEGISLATION |
22 Public Interest Law Reporter 95 (Spring, 2017) |
From the Black Lives Matter Movement, to the Dakota pipeline protests, to the record-breaking Women's Marches, to the various anti-Trump and anti-Trump legislation protests, America has experienced a rebirth of civil disobedience in recent years. However, the emergence of this new wave of activism has brought with it a torrent of proposed... |
2017 |
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| Teri A. McMurtry-Chubb |
"BURN THIS BITCH DOWN!": MIKE BROWN, EMMETT TILL, AND THE GENDERED POLITICS OF BLACK PARENTHOOD |
17 Nevada Law Journal 619 (Summer, 2017) |
C1-2Table of Contents Black Parenthood As Lethal. 622 Pathologizing Black Parenthood. 627 Politicizing Black Parenthood. 630 Black Motherhood in the Cause for Civil Rights. 639 Black Fatherhood in the Age of Black Lives Matter. 643 Burn This Bitch Down!. 648 |
2017 |
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| Benjamin Brafman, Esq. , Darren Stakey, Esq. |
"FACTS ARE STUBBORN THINGS": PROTECTING DUE PROCESS FROM VIRULENT PUBLICITY |
33 Touro Law Review 441 (2017) |
C1-2TABLE OF CONTENTS I. Introduction II. The Rise of Modern Media and its Implications A. Press Influence in the Age of the Printed Word - Dr. Sam Sheppard B. United States Supreme Court's Response to Ever-Evolving Tensions Among the Amendments C. News Media Treatment of the First and Last Trials of the [Twentieth] Century D. Media Expansion in... |
2017 |
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| Joseph Russomanno |
"FALSEHOOD AND FALLACIES": BRANDEIS, FREE SPEECH AND TRUMPISM |
22 Communication Law and Policy 155 (Spring, 2017) |
Donald Trump's campaign for the presidency in 2016 was unique, noted for a number of attributes that rarely, if ever, had been witnessed, including the candidate's propensity to freely express his views, unfiltered. Debates surfaced, including some within his own party and campaign team, whether to let Trump be Trump. In other words, there was... |
2017 |
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| Daniel I. Morales |
"ILLEGAL" MIGRATION IS SPEECH |
92 Indiana Law Journal 735 (Spring, 2017) |
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cuttingedge political theorists. One prominent theorist argues, for example, that basic democratic principles require that... |
2017 |
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| Gregory S. Parks |
"LIFTING AS WE CLIMB": THE AMERICAN COUNCIL ON HUMAN RIGHTS AND THE QUEST FOR CIVIL RIGHTS |
25 American University Journal of Gender, Social Policy and the Law 261 (2017) |
The narrative of African Americans' quest for racial equality and social justice in the Twentieth Century is typically construed in the context of main-line civil rights organizations--e.g., NAACP, SCLC, SNCC, and the like. However, for decades, black fraternal networks had been helping to lay the groundwork for the major civil rights campaigns... |
2017 |
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| Dayna Nadine Scott, Adrian A. Smith |
"Sacrifice Zones" in the Green Energy Economy: Toward an Environmental Justice Framework |
62 McGill Law Journal 861 (March, 2017) |
The environmental justice movement validates the grassroots struggles of residents of places which Steve Lerner refers to as sacrifice zones: low-income and racialized communities shouldering more than their fair share of environmental harms related to pollution, contamination, toxic waste, and heavy industry. On this account, disparities in... |
2017 |
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| David Schlussel |
"THE MELLOW POT-SMOKER": WHITE INDIVIDUALISM IN MARIJUANA LEGALIZATION CAMPAIGNS |
105 California Law Review 885 (June, 2017) |
Recreational marijuana is now legal in several states as a result of ballot initiative campaigns. A number of campaigns have framed marijuana legalization using what this Note calls white individualism. They have put forth messages and images to implicitly suggest that white, hardworking, middle-class marijuana consumers are deserving... |
2017 |
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| Jessica O. Laurin |
"TO HELL IN A HANDBASKET": TEACHERS, FREE SPEECH, AND MATTERS OF PUBLIC CONCERN IN THE SOCIAL MEDIA WORLD |
92 Indiana Law Journal 1615 (Fall, 2017) |
A complete and utter jerk in all ways. Although academically ok, your child has no other redeeming qualities. Natalie Munroe, a Pennsylvania public school teacher, blogged this comment as an example of what she would like to write on some of her students' report cards. Although her blog was not password protected, Munroe claimed that her blog was... |
2017 |
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| Stacey B. Steinberg |
#ADVOCACY: SOCIAL MEDIA ACTIVISM'S POWER TO TRANSFORM LAW |
105 Kentucky Law Journal 413 (2016-2017) |
Attorneys influence the actions of legislators, courts, and community leaders by working alongside social movements. Together, these advocates seek to challenge the status quo by setting precedent that will ensure equality and justice for all individuals. While social movements often use social media to convey their message or to gather support for... |
2017 |
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| Loren F. Selznick , Carolyn LaMacchia |
#MALL RUCKUS TONIGHT: SHOULD MALL OWNERS BE FORCED TO PROVIDE A STAGE FOR EXPRESSION IN THE VIRTUAL AGE? |
53 Willamette Law Review 239 (Spring, 2017) |
L1-3TABLE OF CONTENTS I. December 2015 Mall of America Protest. 240 II. Expressive Rights of Protesters. 243 A. Right to Demonstrate on Public Property. 243 B. Private Property: Shopping Malls as the New Town Square. 245 III. Courts, Malls, and Free Speech. 251 A. The First Amendment and Shopping Malls. 252 B. State Constitutions. 254 1. Majority... |
2017 |
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| Caroline M. Moos |
#PROTESTERSRIGHTSMATTER: THE CASE AGAINST INCREASED CRIMINAL PENALTIES FOR PROTESTERS BLOCKING ROADWAYS |
38 Mitchell Hamline Law Journal of Public Policy and Practice 1 (2017) |
With the increased prevalence of protests involving roadway blocks, some have called for stronger penalties for protesters who engage in this disruption. Director of the Rudin Center for Transportation at New York University, Mitchell Moss, opined that, political protest today is now almost totally focused on transportation systems, whether it's a... |
2017 |
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| Paul J. Hofer, Policy Analyst, Sentencing Resource Counsel of the Federal Public and Community Defenders Senior Lecturer, Johns Hopkins University, Department of Psychological and Brain Sciences |
A CHANGE ELECTION |
2017 Federal Sentencing Reporter 1041180 (December 1, 2016-February 1, 2017) |
All elections matter, but some more than others. In terms of federal sentencing policy, the 2016 election has potential to change the momentum from reform to retrenchment. Before the election, a bipartisan movement had emerged to reform the largest drivers of federal prison population growthmandatory minimum penalties for drug trafficking and... |
2017 |
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| Mikah K. Thompson |
A CULTURE OF SILENCE: EXPLORING THE IMPACT OF THE HISTORICALLY CONTENTIOUS RELATIONSHIP BETWEEN AFRICAN-AMERICANS AND THE POLICE |
85 UMKC Law Review 697 (Spring, 2017) |
A legacy of biased police discretionary decision-making persists beyond the demise of de jure racial discrimination, perpetuating a relationship between the police and racial minorities that is primarily authoritarian, regulatory, and punitive in character. Further, contemporary policy decisions at the federal, state, and local levels continue to... |
2017 |
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| Jon B. Gould , Kenneth Sebastian Leon |
A CULTURE THAT IS HARD TO DEFEND: EXTRALEGAL FACTORS IN FEDERAL DEATH PENALTY CASES |
107 Journal of Criminal Law and Criminology 643 (Fall, 2017) |
Empirical research has exposed a troubling pattern of capital punishment in the United States, with extralegal factors such as race, class, and gender strongly correlated with the probability of a death sentence. Capital sentencing also shows significant geographic disparities, although existing research tends to be more descriptive than... |
2017 |
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| L. Darnell Weeden |
A GROWING CONSENSUS: STATE SPONSORSHIP OF CONFEDERATE SYMBOLS IS AN INJURY-IN-FACT AS A RESULT OF DYLANN ROOF'S KILLING BLACKS IN CHURCH AT A BIBLE STUDY |
32 BYU Journal of Public Law 113 (2017) |
The current debates over Confederate symbols were ignited by Dylann Roof's murder of nine black churchgoers in Charleston, S.C. in 2015. The racially motivated killings produced new opposition to Confederate icons in public spaces. As New Orleans officials eliminated the statue of Louisiana native son and Confederate General P.G.T. Beauregard on... |
2017 |
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| E. Christi Cunningham |
A HOPELESS CASE?: ESCAPING THE PROOF PITFALL IN POWER-DEPENDENT PARADIGMS |
20 CUNY Law Review 481 (Spring, 2017) |
I. Introduction. 481 II. Power-dependent Relationships. 484 A. The Illusion of Co-dependence. 485 B. The Perpetuation of Engagement. 488 III. An Exit Strategy. 490 |
2017 |
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| Felicia A. Reid |
A MATTER OF DUE REGARD: POLICE MISCONDUCT, THE NEW YORK STATE COURTS, AND THE EMPTINESS OF THEORETICAL JUSTICE |
80 Albany Law Review 1103 (2016-2017) |
Whether across front pages and television screens, or in conversations and confrontations, concerns about law enforcement's use of force are at the forefront of national consciousness. Anxieties about police authority and abuse are neither novel nor new. They trace to the Framers' unease toward standing armies in peacetime; the context giving rise... |
2017 |
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| Yxta Maya Murray |
A MODEST MEMO |
22 Michigan Journal of Race and Law 187 (Spring, 2017) |
A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico Wall via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, hold them hostage) until Mexican President Enrique... |
2017 |
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| Blake Emerson |
AFFIRMATIVELY FURTHERING EQUAL PROTECTION: CONSTITUTIONAL MEANING IN THE ADMINISTRATION OF FAIR HOUSING |
65 Buffalo Law Review 163 (January, 2017) |
The meaning of equal protection is intimately linked with administrative practice. The Fourteenth Amendment was passed in part to further the interventions and ensure the constitutionality of the Freedmen's Bureau, which provided public services and legal protection for emancipated African Americans in the Southern states in the wake of the Civil... |
2017 |
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