| Author | Title | Citation | Summary | Year | Relevancy |
| Jesse Humphries |
HOW A NORTH CAROLINA BILL COULD DESTROY THE FIRST AMENDMENT RIGHTS OF TEACHERS |
46 Journal of Law and Education 293 (Spring, 2017) |
The First Amendment of the United States Constitution guarantees, among others, the freedom of speech, freedom of the press, and the right to protest. However, these freedoms have been limited for some individuals depending on their employment. Courts have upheld statutory restrictions on public employees' free speech. One category of public... |
2017 |
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| Eleanor Lumsden |
HOW MUCH IS POLICE BRUTALITY COSTING AMERICA? |
40 University of Hawaii Law Review 141 (Winter 2017) |
L1-2INTRODUCTION . L3142 I. A BRIEF HISTORY OF POLICING. 145 II. FEDERAL LAW. 155 A. The United States Constitution. 155 B. Federal Statutory Law. 158 III. THE COMMON LAW OF TORTS. 162 IV. THE COSTS OF POLICE BRUTALITY. 165 A. Direct, Current Costs. 165 1. Costs to Victims. 165 2. Broken Homes and Families. 172 B. Indirect, Current Costs. 174 1.... |
2017 |
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| Christopher N.J. Roberts |
HUMAN RIGHTS LOST: THE (RE)MAKING OF AN AMERICAN STORY |
26 Minnesota Journal of International Law 1 (Winter, 2017) |
The historical study of human rights has become an important area of inquiry in recent years. In analyzing the historical trajectory of human rights, legal scholars and historians have typically focused on the human rights laws, treaties, and charters that originated in the past and remain powerful today. Yet some of the most transformative events... |
2017 |
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| Aliza Plener Cover |
HYBRID JURY STRIKES |
52 Harvard Civil Rights-Civil Liberties Law Review 357 (Summer, 2017) |
Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes.... |
2017 |
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| Stacey Rose Harris, Noor Chughtai |
IMPACT OF THE CHARLOTTESVILLE PROTESTS ON VIRGINIA EMPLOYERS |
29 Virginia Employment Law Letter 1 (September 1, 2017) |
Since 1924, a statue of Confederate General Robert E. Lee riding his horse Traveller has stood in what is now known as Emancipation Park in Charlottesville. Until last year, most people paid little heed to the statue. But that changed dramatically when the city voted to remove the statue as part of the recent national trend to reconsider public... |
2017 |
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| Rakesh Beniwal |
IMPLICIT BIAS IN CHILD WELFARE: OVERCOMING INTENT |
49 Connecticut Law Review 1021 (February, 2017) |
Albert Einstein said that [w]e can't solve problems by using the same kind of thinking we used when we created them. In spite of the wisdom of this quote, the field of child protection attempts to do just that--often couching seemingly new initiatives within old business methods and ways of thinking. The result is a system that disparately... |
2017 |
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| Rachel Moran |
IN POLICE WE TRUST |
62 Villanova Law Review 953 (2017) |
IN the opening episode of the extraordinary 2016 documentary O.J.: Made in America, Joe Saltzman--a professor at the University of Southern California during the 1960s, when O.J. Simpson played football there--weighs in on the issue of Los Angeles police officers' maltreatment of black and brown Los Angeleños during that time period. I didn't... |
2017 |
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| Rebekah Joab |
INCARCERATING NATIVE AMERICAN YOUTH IN FEDERAL BUREAU OF PRISONS FACILITIES: THE PROBLEM WITH FEDERAL JURISDICTION OVER NATIVE YOUTH UNDER THE MAJOR CRIMES ACT |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 155 (Fall, 2017) |
Within the context of the United States system of incarceration, there is a growing consensus upon which both sides of the political spectrum can agree: there are far too many people in American prisons. It is well known that minority populations are overrepresented within the criminal justice system. Many scholars trace the current state of... |
2017 |
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| Anthony V. Alfieri |
INNER-CITY ANTI-POVERTY CAMPAIGNS |
64 UCLA Law Review 1374 (December, 2017) |
This Article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal... |
2017 |
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| Louis Kachulis |
INSANE IN THE MENS REA: WHY INSANITY DEFENSE REFORM IS LONG OVERDUE |
26 Southern California Interdisciplinary Law Journal 357 (Spring, 2017) |
Imagine the following scenario. A man is suffering from psychosis, and as a result of his psychotic state, he takes an expensive watch from a department store, not fully understanding his actions. If he is charged with theft, he is very unlikely to have a defense in court, even though he is clearly not culpable and did not understand that his... |
2017 |
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| Louis Kachulis |
INSANE IN THE MENS REA: WHY INSANITY DEFENSE REFORM IS LONG OVERDUE |
26 Southern California Review of Law & Social Justice 245 (Summer, 2017) |
While there have been advances in both the criminal justice system and the mental health community in recent years, the intersection of the two has not seen much progress. This is most apparent when considering the insanity defense. This Note explores the history and public perception of the insanity defense, the defense's shortcomings, and... |
2017 |
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| Jeroen Vervliet, IALL President, February 2017 |
INTERNATIONAL ASSOCIATION OF LAW LIBRARIES, PRESIDENT'S REPORT, WINTER-- SPRING, 2017 |
45 International Journal of Legal Information 3 (Spring, 2017) |
In Berlin, Germany, the Board of the International Association of Law Libraries consisted of the following Officers. President: Jeroen Vervliet, Peace Palace Library Director; First Vice-President: Ruth Bird, Bodleian Law Library, University of Oxford; Second Vice-President: Bård Tuseth, Department of Public and International Law Library, Domus... |
2017 |
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| Melvin J. Kelley IV |
INTERPRETING EQUAL PROTECTION CLAUSE JURISPRUDENCE UNDER THE WHITENESS-BELL CURVE: HOW DIVERSITY HAS OVERTAKEN EQUITY IN EDUCATION |
21 Journal of Gender, Race and Justice 135 (Winter 2017) |
Racial inequities in educational opportunities persist despite decades of race-based affirmative action policies pursuing integration and diversity. The late Professor Derrick Bell long argued that the Equal Protection Clause of the Fourteenth Amendment, standing alone, would not provide racial equality for Blacks. His conclusion was premised on... |
2017 |
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| Joseph M. D'Amato |
INTERPRETING THE FIRST AMENDMENT AND SUPPRESSING POLITICAL MINORITIES |
69 Alabama Law Review 263 (2017) |
Introduction. 264 I. Three Interpretations of the First Amendment's Protection of Speech. 266 A. The Narrow Common Law Interpretation. 266 B. The Near-Absolutist Interpretation. 268 C. The Absolutist Interpretation. 270 II. Rejecting the Absolutist Interpretation: Suppressing the Speech of Political Minorities. 274 A. The Narrow Common Law... |
2017 |
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| Aubrey Coffey-Urban |
INTERSECTIONALITY, DIVERSITY AND THE LEGAL PROFESSION |
53-APR Arizona Attorney 38 (April, 2017) |
As I sit and talk with my mom about my experience at the Women's March in Phoenix, I realize I hadn't talked to a single person about intersectionality. I had gone to the match ready to talk about my thoughts and ask people about theirs on a variety of topics, but intersectionality had been at the front of my mind. But once I got to the Senate... |
2017 |
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| Jaya Ramji-Nogales |
INTRODUCTION TO THE FESTSCHRIFT IN HONOR OF HENRY J. RICHARDSON III |
31 Temple International and Comparative Law Journal 1 (Spring, 2017) |
It is with great pleasure that we dedicate this issue of the Temple International and Comparative Law Journal to a festschrift celebrating the life and work of Henry J. Richardson III. The authors and the Journal honor Professor Richardson for his many contributions to the field of international law, and in particular his analysis of the... |
2017 |
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| Ariela Gross |
INTRODUCTION: "A CRIME AGAINST HUMANITY": SLAVERY AND THE BOUNDARIES OF LEGALITY, PAST AND PRESENT |
35 Law and History Review 1 (February, 2017) |
Nowhere in legal history has the nexus between past and present received more attention in recent years than in the study of slavery. The memory of slavery has become a field of study in itself, and competing histories of slavery have animated contemporary legal and political debates. Today, new histories of capitalism have further illuminated the... |
2017 |
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| Camille Gear Rich, Elyn R. Saks |
INTRODUCTION: BEATING MENTAL ILLNESS SYMPOSIUM |
26 Southern California Interdisciplinary Law Journal 299 (Spring, 2017) |
On April 7-8, 2016, the Saks Institute for Mental Health Law and Policy (Saks Institute), the University of Southern California (USC) Suzanne Dworak-Peck School of Social Work (School of Social Work), and PRISM, the USC Initiative for the Study of Race, Gender, Sexuality, and the Law (PRISM) convened a conference entitled Beating Mental... |
2017 |
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| Jonathan Simon |
IS MASS INCARCERATION HISTORY? FROM THE WAR ON POVERTY TO THE WAR ON CRIME: THE MAKING OF MASS INCARCERATION IN AMERICA. BY ELIZABETH HINTON. CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS, 2016. 464 PAGES. $29.95 |
95 Texas Law Review 1077 (April, 2017) |
Introduction: The End of Mass Incarceration The Owl of Minerva spreads its wings only with the falling of the dusk. Despite Hegel's ultimately reassuring premise, it never seemed inevitable that the emergence of mass incarceration as a proper historical subject would occur simultaneously with its institutional and political demise. History, as a... |
2017 |
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| Taylor J. House |
IS THE UNITED STATES JUDICIAL SYSTEM FAILING TRANSGENDER WOMEN? A CRITICAL OVERVIEW |
12 Florida A & M University Law Review 333 (Spring, 2017) |
Introduction. 333 I. The Start of the LGBTQA Civil Rights Movement led by Transgender Women. 335 II. The Prison System and Transphobia. 338 III. Say Her Name: The Erasure of Black Trans-Women from the Black Lives Matter Movement. 343 IV. Should This be a Right?. 345 A. Transgender Acceptance Using Cis-Gender Bathrooms. 346 V. Adequate Health Care... |
2017 |
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| Thomas B. Harvey |
JAILING THE POOR |
42 Human Rights 16 (2017) |
Across the United States, police and courts have combined forces to create, enforce, and legitimize practices that have created a class of people who have been jailed because of their poverty. The process starts innocently enough. In cases where jail time either falls outside the range of punishment or would be an absurd punishment for a low-level... |
2017 |
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| R. Mark Frey |
JOHN LENNON vs. THE USA: THE INSIDE STORY OF THE MOST BITTERLY CONTESTED AND INFLUENTIAL DEPORTATION CASE IN UNITED STATES HISTORY BY LEON WILDES AMERICAN BAR ASSOCIATION, CHICAGO, IL, 2016. 384 PAGES, $35 |
64-FEB Federal Lawyer 92 (January/February, 2017) |
The recent publication of noted immigration attorney Leon Wildes' John Lennon vs. The USA brings back vivid memories of an era marked by conflict in matters involving war and national security, civil rights, law and order, and the Silent Majority. In some ways, these matters are eerily similar to today's concerns with ISIS/ISIL, Black Lives Matter,... |
2017 |
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| Major Michael E. Gilbertson |
JUST MERCY: A STORY OF JUSTICE AND REDEMPTION |
2017-JAN Army Lawyer 30 (January, 2017) |
The real question of capital punishment in this country is, Do we deserve to kill? For the past four years, violent and nonviolent protests have filled the streets of America and energized conversations at the dinner table, on the sports field, and in news studios across the country, demanding a fundamental change in how the police treat our... |
2017 |
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| Lisa A. Kloppenberg , Wesley H. Dodd |
JUSTICE FOR ALL: A ROLE FOR ADR EDUCATORS |
32 Ohio State Journal on Dispute Resolution 665 (2017) |
I. Public Trust in the Justice System is Declining A. Public Trust in the Justice System is at an All-time Low B. The Black Lives Matter Movement is a Manifestation of the lack of Trust in the Justice System C. The Public Perceives Police Officers as One Part of an Intertwined Justice System D. The Judiciary is Perceived as Politicized II. The... |
2017 |
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| Benjamin J. Keele , Nick Sexton |
KEEPING UP WITH NEW LEGAL TITLES |
109 Law Library Journal 683 (Fall, 2017) |
¶1 The idea behind The Craft of Librarian Instruction: Using Acting Techniques to Create Your Teaching Presence certainly caught my attention. I worried, though, that the comparison of acting to teaching would be a gimmick. It was not. The authors' deep research and appreciation for acting truly shows. The book is well researched and includes ample... |
2017 |
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| Gloria Steinem |
KEYNOTE CONVERSATION: GLORIA STEINEM AND CHANCELLOR NANCY CANTOR, RUTGERS-NEWARK |
38 Women's Rights Law Reporter 247 (Spring/Summer, 2017) |
Good afternoon everyone. As I said this morning, I'm Professor Professor Suzanne Kim. I'm on the faculty here at Rutgers Law School, resident here on the Newark Campus. I want to welcome you again today to this exciting event celebrating the 20th Anniversary of the UN Fourth World Conference on Women. We've had an exciting day so far, the panelists... |
2017 |
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| Gerald Korngold |
LAND USE REGULATION AS A FRAMEWORK TO CREATE PUBLIC SPACE FOR SPEECH AND EXPRESSION IN THE EVOLVING AND RECONCEPTUALIZED SHOPPING MALL OF THE TWENTY-FIRST CENTURY |
68 Case Western Reserve Law Review 429 (Winter 2017) |
Much has been written lately about the death of malls and large-scale shopping centers. The data show, however, that the great numbers of these malls and centers are not going extinct, but rather are undergoing an evolution from the fortress-type, retail-focused mall of the 1970s to a twenty-first century model better attuned to current tastes of... |
2017 |
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| Steven T. Taylor |
LAS VEGAS LAW FIRM SHAKES IT UP WITH NEW POLICY ANALYST HIRE |
36 Of Counsel 24 (April, 2017) |
After serving two sessions in the Nevada state legislature as the legislative assistant for Senator Aaron Ford, a Democrat who became the Senate minority leader last session and serves as majority leader this year, Lauren Brooks learned a lot about the workings of state government. She also cultivated many important relationships on both sides of... |
2017 |
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| Julie E. Cohen |
LAW FOR THE PLATFORM ECONOMY |
51 U.C. Davis Law Review 133 (November, 2017) |
This Article explores patterns of legal-institutional change in the emerging, platform-driven economy. Its starting premise is that the platform is not simply a new business model, a new social technology, or a new infrastructural formation (although it is also all of those things). Rather, it is the core organizational form of the emerging... |
2017 |
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| Matthew Hector |
LAWSUIT CHALLENGES WARRANTLESS CELLPHONE TRACKING |
105 Illinois Bar Journal 25 (March, 2017) |
A Chicago lawyer is suing the city and other defendants for gathering cellphone information in a way that violates individual privacy and should require a warrant. STINGRAYS AREN'T FOUND SOLELY AT sea. Stingray is also the nickname for cell site simulators. These devices mimic cell towers, collecting data from phones. Collected data can include... |
2017 |
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