| Author | Title | Citation | Summary | Year | Key Terms |
| Trina Jones , Kimberly Jade Norwood |
AGGRESSIVE ENCOUNTERS & WHITE FRAGILITY: DECONSTRUCTING THE TROPE OF THE ANGRY BLACK WOMAN |
102 Iowa Law Review 2017 (July, 2017) |
ABSTRACT: Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor's acts and the bias that fuels them. This Article seeks to raise awareness of these aggressive encounters and to challenge a prevailing... |
2017 |
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| Natsu Taylor Saito |
ALL PEOPLES HAVE A RIGHT TO SELF-DETERMINATION: HENRY J. RICHARDSON III'S LIBERATORY PERSPECTIVE ON RACIAL JUSTICE |
31 Temple International and Comparative Law Journal 69 (Spring, 2017) |
Notwithstanding [] oppression . subordinated peoples can have a jurisprudence on which they act without a dominating people or group's permission. Henry J. Richardson III Professor Henry J. Richardson III has always told us that Black lives and Black resistance matters. The phrase Black Lives Matter emerged in 2013 in conjunction with the... |
2017 |
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| Richard Delgado |
ALTERNATIVE DISPUTE RESOLUTION: A CRITICAL RECONSIDERATION |
70 SMU Law Review 595 (Summer, 2017) |
IN 1985, in the pages of Wisconsin Law Review, four co-authors and I warned that alternative dispute resolution (ADR), then a relatively young movement undergoing explosive growth, was likely to disadvantage minorities, women, and members of other disempowered groups, particularly when their adversary was a corporation, a white person, or an... |
2017 |
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| R. Danielle Burnette |
AMERICAN HYPOCRISY: HOW THE UNITED STATES' SYSTEM OF MASS INCARCERATION AND POLICE BRUTALITY FAIL TO COMPLY WITH ITS OBLIGATIONS UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
45 Georgia Journal of International and Comparative Law 571 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 573 II. The Shooting of Michael Brown and Racial Discrimination in the Criminal Justice System. 575 A. Mike Brown + Police Brutality. 575 B. Racial Discrimination. 578 1. Racial Profiling. 578 2. Disparate Incarceration and Sentencing. 580 C. Failure to Indict Police. 582 III. International and Domestic Law.... |
2017 |
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| Todd J. Clark |
AN INHERENT CONTRADICTION: CORPORATE DISCRETION IN MORALS CLAUSE ENFORCEMENT |
78 Louisiana Law Review 1 (Fall, 2017) |
C1-2Table of Contents Introduction. 1 I. Morals Clauses. 10 II. Historical Development of the Implied Obligation of Good Faith. 22 A. Bad Faith in Contract Negotiation and Formation. 27 B. Bad Faith in Raising and Resolving Contract Disputes. 28 C. Bad Faith in taking Remedial Action. 28 D. Bad Faith in Performance and Enforcement. 29 III.... |
2017 |
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| Ashish Joshi |
AN INTERVIEW WITH ALAN DERSHOWITZ |
43 Litigation 29 (Summer, 2017) |
May you live in interesting times, says an ancient Chinese curse that masquerades as a blessing. Alan Dershowitz has indeed lived an interesting, if often controversial, life. A professor at Harvard Law School since the age of 28, he has represented movers and shakers of Hollywood, politics, law, sports, and business, including Bill Clinton,... |
2017 |
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| Josh Bowers |
ANNOY NO COP |
166 University of Pennsylvania Law Review 129 (December, 2017) |
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct free from state intrusion. If precise rules are not prescribed in advance, individuals may lack notice of what is prohibited and may be subjected to arbitrary treatment. Thus, the Constitution commands that legal... |
2017 |
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Around the Nation |
19 Student Discipline Law Bulletin 4 (December 1, 2017) |
Officials at Fort Meyers High School discovered a gun on the campus. A sophomore at the high school was arrested as a result. According to a message from the principal, the gun was not displayed by the student, but was discovered during a search. Principal Dave LaRosa said the gun was discovered during a search related to another matter. LaRosa... |
2017 |
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| Harvey Gee |
ASIAN AMERICANS AND THE LAW: SHARING A PROGRESSIVE CIVIL RIGHTS AGENDA DURING UNCERTAIN TIMES |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
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| Catherine J. Ross |
ASSAULTIVE WORDS AND CONSTITUTIONAL NORMS |
66 Journal of Legal Education 739 (Summer, 2017) |
On college campuses across the nation people have sought to silence words that wound. They strive to ban expression they blame for contributing to a rape culture. Some students demand that colleges censor student speech that appears to denigrate individuals or groups. The question I tackle here is what--if anything--the Constitution permits... |
2017 |
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| Jocelyn Simonson |
BAIL NULLIFICATION |
115 Michigan Law Review 585 (March, 2017) |
This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge's... |
2017 |
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| Gerald S. Kerska |
BALANCING FIRST AMENDMENT RIGHTS WITH AN INCLUSIVE ENVIRONMENT ON PUBLIC UNIVERSITY CAMPUSES |
101 Minnesota Law Review 1791 (May, 2017) |
How should public universities strike a balance between First Amendment values and their mission to establish a diverse and inclusive environment? Recent events from the University of Minnesota bring this question into focus. In the spring of 2015, just a few months after the Charlie Hebdo massacre, a group of University of Minnesota professors set... |
2017 |
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| Charles Dempsey |
BEATING MENTAL ILLNESS: CRISIS INTERVENTION TEAM TRAINING AND LAW ENFORCEMENT RESPONSE TRENDS |
26 Southern California Interdisciplinary Law Journal 323 (Spring, 2017) |
The management of a mental health crisis begins in the field and can either escalate or de-escalate based on the management of the crisis by first responders, which is influenced by the training those first responders received. Law enforcement has known for a long time that there has been a paradigm shift in which law enforcement has become the... |
2017 |
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| Allegra M. McLeod |
BEYOND THE CARCERAL STATE CAUGHT: THE PRISON STATE AND THE LOCKDOWN OF AMERICAN POLITICS. BY MARIE GOTTSCHALK. PRINCETON, NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2015. 502 PAGES. $35.00 |
95 Texas Law Review 651 (February, 2017) |
The vast expansion of carceral control in the United States is the subject of a compelling body of scholarship, but efforts to decarcerate have received relatively little attention. One of the few studies to focus in depth on the prospects of carceral reform, political scientist Marie Gottschalk's brilliant and unsettling book, Caught: The Prison... |
2017 |
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| Vida B. Johnson |
BIAS IN BLUE: INSTRUCTING JURORS TO CONSIDER THE TESTIMONY OF POLICE OFFICER WITNESSES WITH CAUTION |
44 Pepperdine Law Review 245 (2017) |
Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no... |
2017 |
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| Blanche Bong Cook |
BIASED AND BROKEN BODIES OF PROOF: WHITE HETEROPATRIARCHY, THE GRAND JURY PROCESS, AND PERFORMANCE ON UNARMED BLACK FLESH |
85 UMKC Law Review 567 (Spring, 2017) |
The intention in torture of humans is . to silence the other's voice by wrecking his or her body; it is to make the tortured speak the torturer's words instead of his own. Margaret A. Farley Although scholars have theorized about systemic racialized police violence, less attention has been given to systemic practices in the investigations and grand... |
2017 |
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| Priscilla A. Ocen |
BIRTHING INJUSTICE: PREGNANCY AS A STATUS OFFENSE |
85 George Washington Law Review 1163 (July, 2017) |
Over the last thirty years, pregnant women, particularly pregnant women of color, have increasingly come under the supervision and control of the criminal justice system. In July 2014, Tennessee became the first state in the country to pass a law criminalizing illegal drug use during pregnancy. Within weeks of its enactment, several women were... |
2017 |
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| Chanae L. Wood |
BLACK AND POOR: THE GRAVE CONSEQUENCES OF UTAH v. STRIEFF |
30 Saint Thomas Law Review 68 (Fall, 2017) |
Suppose a nineteen-year-old Black male, Jason, decides to watch a late night movie with friends. The group of friends meet on the corner outside of the local convenience store. However, Jason arrives early. Out of habit, he paces back and forth, as he waits for the others to arrive. Two police officers, patrolling the area for drug activity, notice... |
2017 |
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| Daniel C. Epstein |
BLACK AND WHITE AND GRAY ALL OVER: HOW ANTICLASSIFICATION THEORY CAN ENDORSE RACE-BASED AFFIRMATIVE ACTION POLICIES |
20 University of Pennsylvania Journal of Constitutional Law 433 (December, 2017) |
Constitutional commentators have long emphasized two dominant strains in the Court's approach to the Equal Protection Clause, often termed antisubordination and anticlassification. In the classical formulation, anticlassification sees the treatment of individuals based on race or ethnicity as the primary concern of equal protection; it... |
2017 |
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| Lisa M. Olson |
BLUE LIVES HAVE ALWAYS MATTERED: THE USURPING OF HATE CRIME LAWS FOR AN UNINTENDED AND UNNECESSARY PURPOSE |
20 Scholar: St. Mary's Law Review on Race and Social Justice 13 (2017) |
Introduction. 14 I. The History of Hate Crime Legislation. 17 II. Employment as a Protected Status. 21 III. Acts of Violence Against Law Enforcement Officers and Existing Protections. 23 A. Homicidal Violence. 23 B. Assaults Against Police Officers. 28 C. Reducing Acts of Violence Against Law Enforcement Officers. 31 IV. Law Enforcement Officers... |
2017 |
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| Caren Myers Morrison |
BODY CAMERA OBSCURA: THE SEMIOTICS OF POLICE VIDEO |
54 American Criminal Law Review 791 (Summer, 2017) |
Lethal police violence has always existed, but it has not always commanded sustained public attention. Video has changed that. To talk about police violence these days is to evoke a series of images--Eric Garner sagging in a police chokehold, Philando Castile expiring in the seat next to his girlfriend, Michael Brown's body lying in the street --... |
2017 |
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| Dr. Joanne Sweeny |
BREAKING THROUGH GRIDLOCK TO PROTECT HUMAN RIGHTS: THE CASE FOR A CONGRESSIONAL HUMAN RIGHTS COMMITTEE |
54 San Diego Law Review 21 (Winter, 2017) |
Abstract. 22 I. Introduction. 22 II. Advancing Civil Rights in the United States: Best Practices. 26 III. The Joint Committee on Human Rights: A Model of Success. 31 IV. A Role for a Human Rights Committee. 33 A. Focusing Congressional Criticism on Pending Legislation. 33 B. Prompting the Creation or Amendment of Legislation. 42 1. Requesting... |
2017 |
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| Elayne E. Greenberg |
BRIDGING OUR JUSTICE GAP WITH EMPATHIC PROCESSES THAT CHANGE HEARTS, EXPAND MINDS ABOUT IMPLICIT DISCRIMINATION |
32 Ohio State Journal on Dispute Resolution 441 (2017) |
I. Introduction II. Empathy Helps Mitigate the Effects of Implicit Bias A. What is Implicit Bias? B. The Link Between Empathy and Implicit Bias C. Understanding Empathy 1. Empathy: The Developmental Perspective 2. Empathy: A Measure of Our Emotional Intelligence 3. Empathy: The Neurological Perspective 4. Empathy: The Evolutionary Perspective 5.... |
2017 |
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| Elizabeth N. Halsey |
BRR, IT'S GETTING COLDER ON CAMPUS: THE CHILLING EFFECT THE NINTH CIRCUIT'S DECISION AND THE FEDERAL CIRCUIT COURT SPLIT HAS ON UNIVERSITY STUDENTS' FREE SPEECH [OYAMA v. UNIV. OF HAW., 813 F.3D 850 (9TH CIR. 2015)] |
56 Washburn Law Journal 329 (Spring, 2017) |
[T]he freedom of Speech may be taken away--and, dumb and silent we may be led, like sheep, to the Slaughter. George Washington Freedom of speech, granted by the First Amendment of the Constitution, is one of the most protected, fundamental rights of American citizens. The United States is a country where, unlike many others, the government cannot... |
2017 |
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BUILDING MOVEMENT: RACIAL INJUSTICE, TRANSFORMATIVE JUSTICE AND REIMAGINED POLICING |
11 Northwestern Journal of Law & Social Policy 420 (Fall, 2017) |
TRANSCRIPT OF PROCEEDINGS held at Northwestern University School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015, at 3:15 p.m. MODERATOR: MS. SHEILA BEDI, Clinical Associate Professor of Law at Northwestern University School of Law; Attorney at the Roderick and Solange MacArthur Justice... |
2017 |
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| Ari Herbert |
CAN WE STILL TALK THINGS OUT?: A CASE STUDY OF CAMPUS HATE SPEECH REGULATIONS AT THE UNIVERSITY OF TEXAS |
17 Connecticut Public Interest Law Journal 117 (Winter 2017) |
There's a lot of ugly things in this world, son. I wish I could keep em all away from you. That's never possible. - Harper Lee, To Kill a Mockingbird Intolerance is a persisting issue. The meme Pepe the Frog became a common racist and anti-Semitic symbol in the last year, with captions like kill Jews, man. But this is not a purely American... |
2017 |
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| A. M. Stroud III |
CAPITAL PUNISHMENT: THE GREAT AMERICAN PARADOX |
70 Arkansas Law Review 369 (2017) |
On June 6, 1944, American forces landed on Omaha and Utah beaches as part of the Normandy invasion that had as its objective the liberation of occupied Europe from the tyranny of the Nazi Occupation. This was America at its finest hour. This was not a professional army, but an army consisting of young men who had been drafted or had enlisted after... |
2017 |
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| Devan Byrd |
CHALLENGING EXCESSIVE FORCE: WHY POLICE OFFICERS DISPROPORTIONATELY EXERCISE EXCESSIVE FORCE TOWARDS BLACKS AND WHY THIS SYSTEMIC PROBLEM MUST END |
8 Alabama Civil Rights & Civil Liberties Law Review 93 (2017) |
Because of the national attention on the Black Lives Matter movement, legal literature has focused on examining the absence of charges and the acquittals of police officers and vigilantes responsible for Black deaths. In particular, administrative agencies, academics, and courts are currently debating the sufficiency of the federal... |
2017 |
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| Richard L. Hasen |
CHEAP SPEECH AND WHAT IT HAS DONE (TO AMERICAN DEMOCRACY) |
16 First Amendment Law Review 200 (Symposium, 2017) |
In a remarkably prescient article in a 1995 Yale Law Journal symposium on Emerging Media Technology and the First Amendment, Professor Eugene Volokh looked ahead to the coming Internet era and correctly predicted many changes. In Cheap Speech and What It Will Do, Volokh could foresee the rise of streaming music and video services such as Spotify... |
2017 |
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| David N. Hempton, Dean, John Lord O'Brian Professor of Divinity, and McDonald Family Professor of Evangelical Theological Studies, Harvard Divinity School |
CHRISTIANITY AND HUMAN FLOURISHING: THE ROLES OF LAW AND POLITICS |
32 Journal of Law and Religion 53 (March, 2017) |
KEYWORDS: Christianity, law, human flourishing, violence, peacebuilding, Enlightenment, religious freedom, justice This essay was presented as a 2016 McDonald Distinguished Scholar Lecture at the Center for the Study of Law and Religion, Emory University. If I were to ask of any group to identify the three most dangerous threats to human... |
2017 |
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