| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| 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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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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