| Author | Title | Citation | Summary | Year | Key Terms |
| Michael Patrick Wilt, JD, LLM |
CIVIL DISOBEDIENCE AND THE RULE OF LAW: PUNISHING "GOOD" LAWBREAKING IN A NEW ERA OF PROTEST |
28 George Mason University Civil Rights Law Journal 43 (Fall, 2017) |
Martin Luther King, Jr. stated, Ordinarily, a person leaving a courtroom with a conviction behind him would wear a somber face. But I left with a smile. I knew that I was a convicted criminal, but I was proud of my crime. Should civil disobedience be a defense to a criminal charge? One of the main purposes of civil disobedience is to demonstrate... |
2017 |
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| Harold A. McDougall |
CLASS CONTRADICTIONS IN THE CIVIL RIGHTS MOVEMENT: THE POLITICS OF RESPECTABILITY, DISRESPECT, AND SELF-RESPECT |
1 Howard Human & Civil Rights Law Review 45 (2016-2017) |
C1-2CONTENTS Introduction. 45 I. The Role of Narrative in Human History. 46 II. Racism in the United States: Narrative and Counter-Narrative. 49 III. The Politics of Respectability. 50 IV. The Politics of Disrespect. 56 V. The Politics of Self-Respect. 60 A. The Black Nationalist Project. 61 B. Stories of Self-Respect. 64 VI. Facing The African... |
2017 |
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| Matthew Jacobson |
COLIN KAEPERNICK AND POLITICAL SPEECH IN THE WORKPLACE |
23 Maine Employment Law Letter 1 (September 1, 2017) |
Colin Kaepernick, formerly a quarterback for the San Francisco 49ers, has made headlines for his advocacy against police brutality and inequality in the United States. He refused to stand for the national anthem during last year's NFL season in hopes of bringing awareness to those issues and starting a national conversation about race. He is... |
2017 |
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| Foulston Siefkin LLP |
COLIN KAEPERNICK AND POLITICAL SPEECH IN THE WORKPLACE |
24 Kansas Employment Law Letter 7 (November 1, 2017) |
Colin Kaepernick, formerly a quarterback for the San Francisco 49ers, has made headlines for his advocacy against police brutality and inequality in the United States. He refused to stand for the national anthem during last year's NFL season in hopes of bringing awareness to those issues and starting a national conversation about race. He is... |
2017 |
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| Michelle Lewin, Nora Carroll |
COLLABORATING ACROSS THE WALLS: A COMMUNITY APPROACH TO PAROLE JUSTICE |
20 CUNY Law Review 249 (Spring, 2017) |
In developing a close friendship with a [parole] applicant incarcerated for more than 25 years, I have felt my heart expand, my notions of empathy stretched, and my understanding of the idea of fairness completely shift. --Aseem Mehta Parole Preparation Project volunteer I was able to let down my guard and become vulnerable to them, and they... |
2017 |
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| Rafael Gely |
COLLECTIVE BARGAINING AND DISPUTE SYSTEM DESIGN |
13 University of Saint Thomas Law Journal 218 (Winter, 2017) |
From its very beginning, the field of dispute system design has been closely associated with the study of the collective bargaining process. The phrase dispute system design itself is attributed to the groundbreaking work of Professors Ury, Brett, and Goldberg, which drew heavily on a case study of the bituminous coal industry, an industry with a... |
2017 |
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| John J. Donohue |
COMEY, TRUMP, AND THE PUZZLING PATTERN OF CRIME IN 2015 AND BEYOND |
117 Columbia Law Review 1297 (June, 2017) |
What a difference a decade makes. In 2006, 45% of Americans were worried a great deal about crime. By 2016, the number had jumped to 53%, the highest level since 9/11, which was the last time a majority of Americans had expressed that view. This increase in the level of fear buoyed Donald Trump to the presidency on his promise to restore law and... |
2017 |
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| Reva B. Siegel |
COMMUNITY IN CONFLICT: SAME-SEX MARRIAGE AND BACKLASH |
64 UCLA Law Review 1728 (December, 2017) |
Did backlash to judicial decisions play a destructive role in debates over same-sex marriage, as was so often claimed? This Article questions assumptions about consensus and constitutionalism that undergird claims about judicial backlash, and explores some constructive functions of conflict in our constitutional order. The debate over same-sex... |
2017 |
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| Sherally Munshi |
COMPARATIVE LAW AND DECOLONIZING CRITIQUE |
65 American Journal of Comparative Law 207 (Special Issue 2017) |
This Article seeks to reanimate comparative legal scholarship by reorienting it towards decolonizing critique. In his critical assessment of the state of the field, Pierre Legrand suggests that comparative law has become mired in a solipsistic and outmoded style of positivism. Drawing upon theoretical insights from critical theory, Legrand argues... |
2017 |
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| Blanche Cook |
COMPLICIT BIAS: SEX-OFFENDER REGISTRATION AS A PENALTY FOR OBSTRUCTING SEX-TRAFFICKING PROSECUTIONS |
96 Nebraska Law Review 138 (2017) |
C1-3TABLE OF CONTENTS I. Introduction. 139 II. Case Synopsis. 145 III. The Federalization of Human Sex Trafficking. 147 IV. The Canons of Statutory Interpretation. 152 A. Plain Language of §§ 1591 and 16911. 152 B. The Legislative History. 160 1. Section 1591's Legislative History. 160 2. The Use of the T-Visa in Discouraging Obstruction. 166 3.... |
2017 |
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| Lauren Latterell Powell |
CONCEALED MOTIVES: RETHINKING FOURTEENTH AMENDMENT AND VOTING RIGHTS CHALLENGES TO FELON DISENFRANCHISEMENT |
22 Michigan Journal of Race and Law 383 (Spring, 2017) |
Felon disenfranchisement provisions are justified by many Americans under the principle that voting is a privilege to be enjoyed only by upstanding citizens. The provisions are intimately tied, however, to the country's legacy of racism and systemic disenfranchisement and are at odds with the values of American democracy. In virtually every state,... |
2017 |
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| Grace E. Leeper |
CONDITIONAL SPENDING AND THE NEED FOR DATA ON LETHAL USE OF POLICE FORCE |
92 New York University Law Review 2053 (December, 2017) |
When it wants to be, the federal government is good at counting things. It tracks average daily caffeine intake (300 milligrams per adult older than twenty-two in 2008), weekly instances of the flu (875 reported by public health laboratories in the week ending January 14, 2017), monthly production of hens' eggs (8.97 billion in December 2016), and... |
2017 |
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| Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500, Website www.ndsny.org, E-mail rjones@ndsny.org |
CONFRONTING SYSTEMIC RACISM IN THE CRIMINAL JUSTICE SYSTEM: WE ALL HAVE A DUTY TO ACT |
41-AUG Champion 5 (August, 2017) |
Within the next calendar year, the first group of Americans born in the 21st century will become adults. In their short lifetimes, they have witnessed the rise of social media, electric cars and 3D printing. In many ways, however, the criminal justice system in the United States is still stuck in the 19th century. The modern prison boom, with... |
2017 |
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| Robert J. Smith , Zoë Robinson |
CONSTITUTIONAL LIBERTY AND THE PROGRESSION OF PUNISHMENT |
102 Cornell Law Review 413 (January, 2017) |
The Eighth Amendment's prohibition on cruel and unusual punishment has long been interpreted by scholars and judges to provide very limited protections for criminal defendants. This understanding of the Eighth Amendment claims that the prohibition is operationalized mostly to prevent torturous methods of punishment or halt the isolated use of a... |
2017 |
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| J. Shahar Dillbary |
CONTRACTING FOR TORTS |
52 Wake Forest Law Review 1057 (Winter 2017) |
In many instances, actors will not participate in a tortious activity unless others agree (or otherwise pre-commit) to join the activity or sponsor its operation. Contract law refuses to respect such agreements. It treats a promise to commit a tort or to induce the commission of a tort as unenforceable. This Article reveals that, in some cases,... |
2017 |
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| Elaine Waterhouse Wilson |
COOPERATIVES: THE FIRST SOCIAL ENTERPRISE |
66 DePaul Law Review 1013 (Summer, 2017) |
Whether it is racial inequality, gun control, or reforming democracy, commentators urge philanthropy to solve seemingly intractable social problems. This is also true with one of the most talked-about current global issues: income inequality. Many in the charitable sector view income inequality as an issue they must address and one in which the... |
2017 |
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| Caitlin V. Fox, Joseph A. Wallace Jr. |
CRIMES AND OFFENSES |
34 Georgia State University Law Review 89 (Fall, 2017) |
Crimes Against the Person: Provide for Increased Punishment when Certain Crimes are Committed Against Public Safety Officers; Amend Chapter 11 of Title 15, Title 16, and Code Section 85 of Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, Relating to the Juvenile Code, Crimes and Offenses, and Payment of... |
2017 |
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| Michael A. McCall , Madhavi M. McCall , Christopher E. Smith |
CRIMINAL JUSTICE AND THE 2015-2016 UNITED STATES SUPREME COURT TERM |
53 Willamette Law Review 185 (Spring, 2017) |
L1-3TABLE OF CONTENTS I. Introduction. 186 II. Case Selection, Coding, and Analytical Methods. 191 III. Empirical Measures of the Supreme Court's Decision Making. 195 IV. Case Decisions. 207 A. Unanimous Decisions. 207 B. Decisions with One Dissenter. 213 C. Two Divergent Outcomes in One Search Case. 217 D. Decisions with Two Dissenters. 219 E.... |
2017 |
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| Valeria Vegh Weis |
CRIMINAL SELECTIVITY IN THE UNITED STATES: A HISTORY PLAGUED BY CLASS & RACE BIAS |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The United States is at a pivotal moment in terms of rethinking class and racial inequality within the criminal justice system. However, there is a lack of shared conceptual tools to frame this debate. First, there is no clear or comprehensive theoretical tool to describe, categorize, or analyze class and racial inequality throughout the criminal... |
2017 |
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| Marc-Tizoc González |
CRIMINALIZING CHARITY: CAN FIRST AMENDMENT FREE EXERCISE OF RELIGION, RFRA, AND RLUIPA PROTECT PEOPLE WHO SHARE FOOD IN PUBLIC? |
7 UC Irvine Law Review 291 (June, 2017) |
Introduction. 293 I. Contested (Emic and Etic) Meanings of Sharing Food in Public. 301 A. Religious Charity or Ministry. 302 B. Political Solidarity or Mutual Aid. 307 C. Municipal Terms. 313 1. Food Distribution. 313 2. Homeless or Large Group Feeding. 315 3. Social Service Facilities and Outdoor Food Distribution Centers. 317 II. Publicly Sharing... |
2017 |
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| Barry J. Pollack , Miller & Chevalier, Washington, DC, 202-626-5800, Website www.milchev.com, Twitter @millerchevalier, E-mail bpollack@milchev.com |
CRIMINALIZING THE TRADITION OF PROTEST |
41-APR Champion 5 (April, 2017) |
One has a moral responsibility to disobey unjust laws. --Martin Luther King Jr. Protest beyond the law is not a departure from democracy; it is absolutely essential to it. --Howard Zinn We fought the Revolutionary War against Great Britain to obtain freedom from an oppressive monarch. We enshrined freedom of speech as the first among equals in... |
2017 |
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| Annie Lai , Christopher N. Lasch |
CRIMMIGRATION RESISTANCE AND THE CASE OF SANCTUARY CITY DEFUNDING |
57 Santa Clara Law Review 539 (2017) |
C1-2Table of Contents Introduction. 540 I. Threats to Defund Sanctuary Cities and Their Origins. 544 A. Four Decades (and Four Waves) of Sanctuary. 546 B. Sanctuary Defunding Becomes a Mainstay of the Trump Campaign. 548 C. Failed Legislative Attempts at Sanctuary Defunding. 550 D. Sanctuary Defunding Pursued as Part of the Federal Budgeting... |
2017 |
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| Terrie Sullivan |
CRUSHING THE BANDWAGON: THE MILLENNIAL PARADOX OF EMPLOYMENT OPPORTUNITY AND SOCIAL MEDIA |
66 DePaul Law Review 721 (Winter, 2017) |
Tell a joke that upsets the kids, and the next morning the student-activities director is going to be on the phone: to your agent, to NACA [National Association for Campus Activities], and--more crucially--to his or her co-equals at the other four colleges in the region that you booked. Highlighting the challenges comedians face in the wake of a... |
2017 |
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| Latonia Haney Keith |
CULTURAL COMPETENCY IN A POST-MODEL RULE 8.4(G) WORLD |
25 Duke Journal of Gender Law & Policy 1 (Fall, 2017) |
It is professional misconduct for a lawyer to: . (g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of... |
2017 |
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| William Heinke |
DEADLY FORCE: DIFFERING APPROACHES TO ARRESTEE EXCESSIVE FORCE CLAIMS |
26 Southern California Review of Law & Social Justice 155 (Spring, 2017) |
Peace cannot be kept by force. It can only be achieved by understanding. Excessive force has become a hot button issue in American news and politics in recent years. Videos of civilians being fatally shot by those charged with a duty to protect and serve society have sparked protests, riots, and even civil rights movements - most notably Black... |
2017 |
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| Andrea C. Armstrong |
DEATH ROW CONDITIONS THROUGH AN ENVIRONMENTAL JUSTICE LENS |
70 Arkansas Law Review 203 (2017) |
Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six... |
2017 |
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| Blanche Bong Cook |
DEATH-DEALING IMAGINATIONS: RACIAL PROFILING, CRIMINALITY, AND BLACK INNOCENCE |
63 Wayne Law Review 9 (Spring, 2017) |
In 1988, the George H. W. Bush campaign saturated the media airways with images, ads, and commercials featuring nightmarish, boogieman-like, and dog-whistling images of Willie Horton. Horton had raped a white female while he was temporarily released from prison on a weekend furlough program, where he was already serving a life sentence for... |
2017 |
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| Jocelyn Simonson |
DEMOCRATIZING CRIMINAL JUSTICE THROUGH CONTESTATION AND RESISTANCE |
111 Northwestern University Law Review 1609 (2017) |
Abstract--Collective forms of participation in criminal justice from members of marginalized groups--for example, when people gather together to engage in participatory defense, organized copwatching, community bail funds, or prison labor strikes--have a profound effect on everyday criminal justice. In this Essay I argue that these bottom-up forms... |
2017 |
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| Justin Hansford |
DEMOSPRUDENCE ON TRIAL: ETHICS FOR MOVEMENT LAWYERS, IN FERGUSON AND BEYOND |
85 Fordham Law Review 2057 (April, 2017) |
We must not pretend that the countless people who are routinely targeted by police are isolated. They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. Until... |
2017 |
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| Lonnie T. Brown, Jr. |
DIFFERENT LYRICS, SAME SONG: WATTS, FERGUSON, AND THE STAGNATING EFFECT OF THE POLITICS OF LAW AND ORDER |
52 Harvard Civil Rights-Civil Liberties Law Review 305 (Summer, 2017) |
C1-2Table of Contents I. Introduction. 306 II. The Watts Riots of 1965. 313 A. The Arrests of Marquette, Ronald, and Rena Frye. 313 B. Burn, Baby, Burn!. 314 C. Local Government's Reaction to the Riots. 316 D. White America's Reaction to the Riots. 318 E. The Federal Government's Response. 320 1. President Johnson's Reaction. 320 2. Ramsey Clark... |
2017 |
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