AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Vid Sankar WHAT HAPPENS WHEN POLICE ROBOTS VIOLATE THE CONSTITUTION? REVISITING THE QUALIFIED IMMUNITY STANDARD FOR EXCESSIVE FORCE LITIGATION UNDER § 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  
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  
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  
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  
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  
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  
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  
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  
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  
Katheryn Russell-Brown CRITICAL BLACK PROTECTIONISM, BLACK LIVES MATTER, AND SOCIAL MEDIA: BUILDING A BRIDGE TO SOCIAL JUSTICE 60 Howard Law Journal 367 (Winter, 2017) INTRODUCTION. 368 I. THE DEVELOPMENT AND EVOLUTION OF BLACK PROTECTIONISM: AN OVERVIEW. 372 II. HOW BLACK PROTECTIONISM OPERATES. 376 III. CONTEMPORARY CASES. 384 A. Hey, Hey, Hey: The Cosby Cases. 386 B. Ray Rice. 390 C. Adrian Peterson. 392 D. Jameis Winston. 392 E. Chris Brown (& Rihanna). 394 F. Michael Vick. 395 G. Analysis and Application... 2017 Most Relevant
Katheryn Russell-Brown CRITICAL BLACK PROTECTIONISM, BLACK LIVES MATTER, AND SOCIAL MEDIA: BUILDING A BRIDGE TO SOCIAL JUSTICE 60 Howard Law Journal 367 (Winter, 2017) INTRODUCTION. 368 I. THE DEVELOPMENT AND EVOLUTION OF BLACK PROTECTIONISM: AN OVERVIEW. 372 II. HOW BLACK PROTECTIONISM OPERATES. 376 III. CONTEMPORARY CASES. 384 A. Hey, Hey, Hey: The Cosby Cases. 386 B. Ray Rice. 390 C. Adrian Peterson. 392 D. Jameis Winston. 392 E. Chris Brown (& Rihanna). 394 F. Michael Vick. 395 G. Analysis and Application... 2017 Most Relevant
Kathleen Kapusta, J.D. DISCRIMINATION-RACE-D.S.C.: WHITE EMPLOYEE FIRED AFTER 'DISCUSSION' OF BLACK LIVES MATTER PROTEST CAN'T ADVANCE RACE BIAS CLAIM 2017 Wolters Kluwer Employment Law Daily 3187483 (July 27, 2017) Although the evidence tended to show a hotel's explanation for terminating a white employee was pretextualshe was purportedly fired for being rude, disrespectful, and insubordinate to three African-American superiors during a conversation about a Black Lives Matter protest that had just taken place in the hotelit did not support more than a... 2017 Most Relevant
Kathleen Kapusta, J.D. DISCRIMINATION-RACE-D.S.C.: WHITE EMPLOYEE FIRED AFTER 'DISCUSSION' OF BLACK LIVES MATTER PROTEST CAN'T ADVANCE RACE BIAS CLAIM 2017 Wolters Kluwer Employment Law Daily 3187483 (July 27, 2017) Although the evidence tended to show a hotel's explanation for terminating a white employee was pretextualshe was purportedly fired for being rude, disrespectful, and insubordinate to three African-American superiors during a conversation about a Black Lives Matter protest that had just taken place in the hotelit did not support more than a... 2017 Most Relevant
Valecia J. Battle DROP THE PHONE AND STEP AWAY FROM THE WEAPON: THE FIRST AMENDMENT, THE CAMERA PHONE, AND THE MOVEMENT FOR BLACK LIVES 60 Howard Law Journal 531 (Winter, 2017) INTRODUCTION. 532 I. THE CRIMINALIZATION OF BLACKNESS. 534 A. The American Enslavement of African People: Caste Creation. 534 B. Reconstruction and Jim Crow. 537 C. Law & Order, The New Jim Crow, and the Prison Industrial Complex. 541 II. WIRETAPPING & EAVESDROPPING LAWS. 543 III. QUALIFIED IMMUNITY & THE WELL-ESTABLISHED RIGHT. 546 IV. WHY DO OUR... 2017 Most Relevant
Valecia J. Battle DROP THE PHONE AND STEP AWAY FROM THE WEAPON: THE FIRST AMENDMENT, THE CAMERA PHONE, AND THE MOVEMENT FOR BLACK LIVES 60 Howard Law Journal 531 (Winter, 2017) INTRODUCTION. 532 I. THE CRIMINALIZATION OF BLACKNESS. 534 A. The American Enslavement of African People: Caste Creation. 534 B. Reconstruction and Jim Crow. 537 C. Law & Order, The New Jim Crow, and the Prison Industrial Complex. 541 II. WIRETAPPING & EAVESDROPPING LAWS. 543 III. QUALIFIED IMMUNITY & THE WELL-ESTABLISHED RIGHT. 546 IV. WHY DO OUR... 2017 Most Relevant
Jessica Watters PINK HATS AND BLACK FISTS: THE ROLE OF WOMEN IN THE BLACK LIVES MATTER MOVEMENT 24 William and Mary Journal of Women and the Law 199 (Fall, 2017) I. Origins and Critiques of the Women's March II. True Intersectional Feminism Must Be Continuously Demonstrated by Allies III. The Collective Power of (White) Women Conclusion On January 21, 2017, nearly five hundred thousand people, many adorned in pink, cat-eared pussyhats, descended on Washington, D.C.--the flagship location for the official... 2017 Most Relevant
Jessica Watters PINK HATS AND BLACK FISTS: THE ROLE OF WOMEN IN THE BLACK LIVES MATTER MOVEMENT 24 William and Mary Journal of Women and the Law 199 (Fall, 2017) I. Origins and Critiques of the Women's March II. True Intersectional Feminism Must Be Continuously Demonstrated by Allies III. The Collective Power of (White) Women Conclusion On January 21, 2017, nearly five hundred thousand people, many adorned in pink, cat-eared pussyhats, descended on Washington, D.C.--the flagship location for the official... 2017 Most Relevant
Elizabeth Esther Berenguer THE COLOR OF FEAR: A COGNITIVE-RHETORICAL ANALYSIS OF HOW FLORIDA'S SUBJECTIVE FEAR STANDARD IN STAND YOUR GROUND CASES RATIFIES RACISM 76 Maryland Law Review 726 (2017) It must be remembered that the visibility of race was used as a tool to consolidate domination, to seize land, and to recruit and extract mass labor. All this is still going on today. The racism of the past is still active in the present. Alicia Garza, Opal Tometi, and Patrisse Cullors created #BlackLivesMatter movement as a response to the anti-... 2017 Most Relevant
Breanne J. Palmer THE CROSSROADS: BEING BLACK, IMMIGRANT, AND UNDOCUMENTED IN THE ERA OF #BLACKLIVESMATTER 9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... 2017 Most Relevant
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  
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  
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  
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  
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  
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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