| Author | Title | Citation | Summary | Year | Key Terms |
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DIGEST OF RECENT LITERATURE |
25 Journal of Affordable Housing & Community Development Law 339 (2017) |
This article argues that there is a real threat, whether by population decline, economic distress, and/or increased vacancy rates, to the preservation of historic buildings in six so-called legacy cities--Baltimore, Cleveland, Philadelphia, Providence, Richmond, and St. Louis. It describes these legacy cities and how recent property planning and... |
2017 |
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| John Felipe Acevedo |
DIGNITY TAKINGS IN THE CRIMINAL LAW OF SEVENTEENTH-CENTURY ENGLAND AND THE MASSACHUSETTS BAY COLONY |
92 Chicago-Kent Law Review 743 (2017) |
Punishment of criminals in the Anglo-American criminal justice system has always involved a degree of focus on the body of a convicted person although it has decreased over time. The Bloody Code of England inflicted capital punishment for all felony crimes, as well as treason, including for theft of objects worth as little as twelve shillings. In... |
2017 |
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| Peter Blanck |
DISABILITY IN PRISON |
26 Southern California Interdisciplinary Law Journal 309 (Spring, 2017) |
The 2016 symposium, Beating Mental Illness: A Dialogue on Race, Gender and Disability Stereotypes in Use of Force Cases, examined complex issues of race, gender, sexual orientation, and disability (i.e., intersectionality) in the context of the Black Lives Matter Movement and engagement with the criminal justice system. The use of force in... |
2017 |
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| Taylor N. Brailey |
DISCRIMINATION IN THE AGE OF SOCIAL MEDIA: THE NEW DANGERS OF CAT'S PAW LIABILITY |
35 Journal of Law and Commerce 271 (Spring, 2017) |
The increase of Internet technology has brought human interaction to an unprecedented level of complexity. Individuals now find ways to stay connected to one another through online platforms, such as increasingly-popular social media websites. These websites are characterized, among other things, by the efficiency with which individuals may share... |
2017 |
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| Andrew D. Selbst |
DISPARATE IMPACT IN BIG DATA POLICING |
52 Georgia Law Review 109 (Fall, 2017) |
Data-driven decision systems are taking over. No institution in society seems immune from the enthusiasm that automated decision-making generates, including--and perhaps especially--the police. Police departments are increasingly deploying data mining techniques to predict, prevent, and investigate crime. But all data mining systems have the... |
2017 |
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| Paul J. Sweeney, Coughlin & Gerhart, LLP |
'DOTH PROTEST TOO MUCH, METHINKS'--PROTECTED SPEECH IN THE WORKPLACE |
24 New York Employment Law Letter 1 (October 1, 2017) |
We recently saw President Donald Trump feud with professional athletes over their decision to take a knee during the playing of the national anthem, an act they said was to protest racism and social injustice in America. Many Americans are vocal and evenly divided on whether this form of televised activism is appropriate. Confronted with Black... |
2017 |
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| Roxanna Altholz |
ELUSIVE JUSTICE: LEGAL REDRESS FOR KILLINGS BY U.S. BORDER AGENTS |
-2017 |
Since the 1990s, U.S. Customs and Border Protection (CBP) agents have killed approximately fifty Mexican and U.S. nationals along the U.S.-Mexico border. Many of the victims, including several teenagers, were unarmed and shot in the back. The vast majority of CBP agents have faced no criminal, civil, or disciplinary action for their conduct. This... |
2017 |
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| Mary Ellen O'Connell |
ENDING THE EXCESSIVE USE OF FORCE AT HOME AND ABROAD |
31 Temple International and Comparative Law Journal 87 (Spring, 2017) |
In the mid-1980s the American Society of International Law (ASIL) launched an initiative to engage more women and minority members in the Society and international law more generally. Professor Henry Richardson was there, encouraging all of the new aspirants, including me. He is still doing that, and this essay in his honor is an expression of... |
2017 |
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| Mary Crossley |
ENDING-LIFE DECISIONS: SOME DISABILITY PERSPECTIVES |
33 Georgia State University Law Review 893 (Summer, 2017) |
My contribution to this symposium on Quinlan at 40: Exploring the Right to Die in the U.S. considers the challenges to end-of-life decision-making that disability poses. I am perhaps an odd choice to offer the disability perspective on this or any topic, as I am able bodied and of sound mind, at least for the moment. For the past thirty years,... |
2017 |
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| Olatunde C.A. Johnson |
EQUALITY LAW PLURALISM |
117 Columbia Law Review 1973 (November, 2017) |
This contribution to the Constance Baker Motley Symposium examines the future of civil rights reform at a time in which longstanding limitations of the antidiscrimination law framework, as well as newer pressures such as the rise of economic populism, are placing stress on the traditional antidiscrimination project. This Essay explores the openings... |
2017 |
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| Maurice R. Dyson |
EXCESSIVE FORCE, BIAS, AND CRIMINAL JUSTICE REFORM: PROPOSALS FOR CONGRESSIONAL ACTION |
63 Loyola Law Review 27 (Spring, 2017) |
INTRODUCTION: A NATIONAL EPIDEMIC OF TARGETED HARASSMENT & KILLINGS. 27 1. A ROUTINE OCCURRENCE. 29 2. MYOPIC MENTALITY & DIVISIVE RHETORIC. 30 3. COUNTERARGUMENTS TO THE POPULAR RHETORIC. 33 4. EVEN WHEN THE OFFICER IS A MINORITY, IT IS STILL INSTITUTIONALLY ENFORCED RACIAL OPPRESSION. 34 5. BRAINWASHED & WHITE WASHED: SOCIETAL & MEDIA PERCEPTIONS... |
2017 |
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| Abed Ayoub , Khaled Beydoun |
EXECUTIVE DISORDER: THE MUSLIM BAN, EMERGENCY ADVOCACY, AND THE FIRES NEXT TIME |
22 Michigan Journal of Race and Law 215 (Spring, 2017) |
On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the Muslim Ban. The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. With the Muslim Ban, President Trump... |
2017 |
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| Jamie R. Abrams |
EXPERIENTIAL LEARNING AND ASSESSMENT IN THE ERA OF DONALD TRUMP |
55 Duquesne Law Review 75 (Winter, 2017) |
Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and listserv activity to prepare to... |
2017 |
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| Emily Schaeffer Omer-Man |
EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS |
35 Boston University International Law Journal 115 (Spring, 2017) |
I. Introduction. 116 II. Recent Alleged Extrajudicial Killings in Israel Palestine. 119 III. A Pattern of Excessive Force Against Palestinians. 135 A. Arenas of Excessive Violence against Palestinians. 136 B. The Disparity in Law Enforcement Responses to Palestinians versus Jews. 140 IV. Lack of Accountability for Violence Against Palestinians. 143... |
2017 |
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| Johnathan M. Nixon |
EYE SPY INJUSTICE: DELVING INTO THE IMPLICATIONS POLICE BODY CAMERAS WILL HAVE ON POLICE OFFICERS AND CITIZENS |
60 Howard Law Journal 719 (Spring, 2017) |
INTRODUCTION. 720 I. HISTORICAL ISSUES OF POLICING. 723 A. Implicit Biases. 723 B. Accountability. 724 C. False Testimony. 725 D. Modern Day Policing. 726 II. REACTIONS TOWARDS INCIDENTS OF POLICE BRUTALITY. 726 A. Public Reactions. 726 B. Governmental Reactions. 729 III. THE IMPLEMENTATION OF BODY CAMERAS ON LAW ENFORCEMENT. 729 IV. POTENTIAL... |
2017 |
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| Kerri Thompson |
FAIR HOUSING'S TRAP DOOR: FIXING THE BROKEN DISPARATE IMPACT DOCTRINE UNDER THE FAIR HOUSING ACT |
25 Journal of Affordable Housing & Community Development Law 435 (2017) |
Fair housing advocates were relieved when the Supreme Court recently confirmed that disparate impact claims can be brought under the Fair Housing Act. But allowing these claims actually does little for people who have housing discrimination claims. Instead, the strict burden-shifting test used to apply disparate impact theory opens a trap door,... |
2017 |
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| Darrell A.H. Miller |
FEAR AND FIREARMS |
52 Tulsa Law Review 553 (Spring, 2017) |
Michael Waldman, The Second Amendment: A Biography (Simon & Schuster 2014). Pp. 272. Paperback $16.00. Firmin DeBrabander, Do Guns Make Us Free? Democracy and the Armed Society (Yale University Press 2015). Pp. 296. Hardcover $30.00. The principal actor in America's gun policy drama isn't the Second Amendment or even guns--it's fear. In Michael... |
2017 |
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| Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini |
FEMINISM IN THE AGE OF TRUMP |
23 Cardozo Journal of Law & Gender 419 (Spring, 2017) |
March 28, 2017 Jennifer Ching Mai Ratakonda Miriam Ticktin Claudia Flores Julie Suk Jocelyn Getgen Kestenbaum Susanna Mancini [START RECORDING] Janae Hunte: Good evening everyone, and welcome to our Spring Symposium on Feminism in the Age of Trump for the Cardozo Journal of Law and Gender Volume 23. I'd like to thank all of you for attending and to... |
2017 |
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| Kimberly M. Sánchez Ocasio, Leo Gertner |
FIGHTING FOR THE COMMON GOOD: HOW LOW-WAGE WORKERS' IDENTITIES ARE SHAPING LABOR LAW |
126 Yale Law Journal Forum 503 (April 19, 2017) |
Social movements led by workers in low-wage industries, from fast food to car washes to nursing homes, have upended the public narrative of who poor workers are and what they deserve both at work and at home. By doing so, these movements have won victories that were once considered unrealistic and doomed. As a result of the Fight for $15's... |
2017 |
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| Alanna Doherty |
FILMIC CONTRIBUTIONS TO THE LONG ARC OF THE LAW: LOVING AND THE NARRATIVE INDIVIDUALIZATION OF SYSTEMIC INJUSTICE OR, PERFECT PLAINTIFFS IN AN IMPERFECT NARRATIVE: PERFECTLY OPTIMISTIC FOR AN IMPERFECT POST-ELECTION WORLD? |
50 Creighton Law Review 693 (June, 2017) |
I. INTRODUCTION. 694 II. NARRATIVE IDEOLOGY IN FILM AND LAW. 694 III. LOVING REPACKAGES THE LOVINGS' HISTORIC CIVIL RIGHTS STRUGGLE AGAINST WIDER SYSTEMIC OPPRESSION AS A PERSONAL VICTORY WON BY TRIUMPHANT INDIVIDUALS THROUGH THE POWER OF LOVE. 698 A. Loving's Narrative Focus on the Family as the Reason to Allow Interracial Marriage Resembles... |
2017 |
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| Jeremiah A. Ho |
FIND OUT WHAT IT MEANS TO ME: THE POLITICS OF RESPECT AND DIGNITY IN SEXUAL ORIENTATION ANTIDISCRIMINATION |
2017 Utah Law Review 463 (2017) |
This Article considers the state of LGBTQ equality after the Supreme Court's decision in Obergefell v. Hodges. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the Article finds that the marriage cases at the Supreme Court--Obergefell and United... |
2017 |
|
| SpearIt |
FIREPOWER TO THE PEOPLE! GUN RIGHTS & THE LAW OF SELF-DEFENSE TO CURB POLICE MISCONDUCT |
85 Tennessee Law Review 189 (Fall, 2017) |
Introduction to an Ongoing Crisis in Criminal Justice. 190 I. Exercising Self-Defense Under Law of Color. 194 A. Race Matters to Everyone. 194 B. A Logical Absurdity. 199 II. Gun Rights Logic. 201 A. Legislative Responses to Mass Shootings. 201 B. Protecting the Person: Model Penal Code & Majority Views. 204 i. Self Defense: Reasonable Belief,... |
2017 |
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| Terrence Scudieri |
FLEEING WHILE BLACK: HOW MASSACHUSETTS RESHAPED THE COUNTOURS OF THE TERRY STOP |
54 American Criminal Law Review Online 42 (2017) |
In its recent opinion in Commonwealth v. Warren, the Massachusetts Supreme Judicial Court stated that when a black male flees from a Field Interrogation Operation (FIO), such flight is not necessarily probative of a suspect's state of mind or consciousness of guilt. The court found that because men of color are frequent subjects of racial... |
2017 |
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| Mark Bittman, Michael Pollan, Olivier De Schutter, Ricardo Salvador |
FOOD AND MORE: EXPANDING THE MOVEMENT FOR THE TRUMP ERA |
13 Journal of Food Law & Policy 26 (Spring, 2017) |
If the recent election had an upside, it's this: It demonstrated that the good food movement is real. Four jurisdictions--Boulder, Oakland, San Francisco, and Albany (California)--approved taxes on soda, which will benefit both public health and public finances. (Two days later, lawmakers in Cook County, Illinois, also approved a soda tax, becoming... |
2017 |
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| Matthew Titolo |
FOREWORD: CLASSCRITS IX SYMPOSIUM ISSUE |
39 Western New England Law Review 449 (2017) |
Each year since 2008, a network of scholars, practitioners and activists have held a conference to discuss socioeconomic inequality in the United States and around the world. The immediate occasion of the first meeting of the ClassCrits group was the financial meltdown and the cascading social effects of the global crisis within the neoliberal... |
2017 |
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| Nancy S. Marder |
FOSTER v. CHATMAN: A MISSED OPPORTUNITY FOR BATSON AND THE PEREMPTORY CHALLENGE |
49 Connecticut Law Review 1137 (May, 2017) |
In 2016, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson v. Kentucky. The Court reached the right result, but missed an important opportunity. The Court should have acknowledged that after thirty years of the Batson experiment, it is clear that... |
2017 |
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| Richard Delgado , Jean Stefancic |
FOUR IRONIES OF CAMPUS CLIMATE |
101 Minnesota Law Review 1919 (May, 2017) |
One of the central issues in the campus-climate controversy is hate speech, including verbal microaggressions. Although the controversy encompasses many other issues--such as safe spaces, trigger warnings by classroom teachers, curricular coverage of topics of particular interest to minorities, fraternity parties that feature blackface or other... |
2017 |
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| Heidi Kitrosser |
FREE SPEECH, HIGHER EDUCATION, AND THE PC NARRATIVE |
101 Minnesota Law Review 1987 (May, 2017) |
L1I. The First Amendment's Political and Cultural Roles. R21993 II. Campus PC Debates, Then and Now. 1998 A. Methodology in Selecting Press Reports To Review. 1998 B. Campus PC Debates: 1989-1995. 2000 1. Defining PC and Sounding the Alarm. 2000 2. And Yet . A Relative Consensus on Formal Speech Restrictions. 2003 3. The Arguments Against Formal... |
2017 |
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| Connie Felix Chen |
FREEZE, YOU'RE ON CAMERA: CAN BODY CAMERAS IMPROVE AMERICAN POLICING ON THE STREETS AND AT THE BORDERS? |
48 University of Miami Inter-American Law Review 141 (Spring, 2017) |
In the United States, recent killings of civilians by law enforcement have propelled body cameras to the forefront of solutions to the epidemic of police misconduct. Preliminary studies suggest that body cameras create a win-win situation for both the police and the public by producing a civilizing effect on all parties involved. The problem,... |
2017 |
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| Tom R. Tyler |
FROM HARM REDUCTION TO COMMUNITY ENGAGEMENT: REDEFINING THE GOALS OF AMERICAN POLICING IN THE TWENTY-FIRST CENTURY |
111 Northwestern University Law Review 1537 (2017) |
Abstract--Society would gain if the police moved away from the goal of harm reduction via crime reduction and toward promoting the economic, social, and political vitality of American communities. Research suggests that the police can contribute to this goal if they design and implement their policies and practices in ways that promote public... |
2017 |
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