| Author | Title | Citation | Summary | Year | Key Terms |
| Laura Rene McNeal |
FROM HOODIES TO KNEELING DURING THE NATIONAL ANTHEM: THE COLIN KAEPERNICK EFFECT AND ITS IMPLICATIONS FOR K-12 SPORTS |
78 Louisiana Law Review 145 (Fall, 2017) |
C1-2Table of Contents Introduction. 146 I. Social Activism Enters the World of High School Sports: The Colin Kaepernick Effect. 152 A. The Rebirth of Social Activism in Sports: The Evolution of the Kaepernick Effect. 153 B. The Emergence of Social Protests in High School Sports and Disciplinary Consequences. 158 II. Freedom of Expression... |
2017 |
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| G. Reginald Daniel , Jasmine Kelekay |
FROM LOVING v. VIRGINIA TO BARACK OBAMA: THE SYMBOLIC TIE THAT BINDS |
50 Creighton Law Review 641 (June, 2017) |
The year 2017 marks the fiftieth anniversary of the 1967 United States Supreme Court decision in Loving v. Virginia, which declared anti-miscegenation laws to be unconstitutional. For many, the Loving decision represents a symbolic turning point in the history of United States racial politics. Some even celebrate the Loving decision and the argued... |
2017 |
|
| Carl Takei |
FROM MASS INCARCERATION TO MASS CONTROL, AND BACK AGAIN: HOW BIPARTISAN CRIMINAL JUSTICE REFORM MAY LEAD TO A FOR-PROFIT NIGHTMARE |
20 University of Pennsylvania Journal of Law and Social Change 125 (2017) |
Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If progressive advocates rely solely on this alliance... |
2017 |
|
| Herman N. Johnson Jr. |
FROM STATUS TO AGENCY: ABOLISHING THE "VERY SPIRIT OF SLAVERY" |
7 Columbia Journal of Race and Law 245 (2017) |
In response to challenges that the disparate impact doctrine violates the Fourteenth Amendment's Equal Protection Clause, the Thirteenth Amendment provides a constitutional foundation that deflects the equal protection argument. Early interpreters of the Thirteenth Amendment envisioned the provision as a means to abolish chattel as well as civil... |
2017 |
|
| Devon W. Carbado |
FROM STOPPING BLACK PEOPLE TO KILLING BLACK PEOPLE: THE FOURTH AMENDMENT PATHWAYS TO POLICE VIOLENCE |
105 California Law Review 125 (February, 2017) |
The years 2014 to 2016 likely will go down as a significant if not watershed period in the history of U.S. race relations. Police killing of African Americans has engendered further conversations about race and policing. Yet, in most of the discussions about these tragic deaths, little attention has been paid to a significant dimension of the... |
2017 |
|
| Vanita Saleema Snow |
FROM THE DARK TOWER: UNBRIDLED CIVIL ASSET FORFEITURE |
10 Drexel Law Review 69 (2017) |
The Black Lives Matter movement reinforces that race dominates all aspects of the judicial system. Police officers are significantly more likely to stop African Americans than Whites. Even when a stop or arrest is unwarranted, law enforcement agencies can still profit from the property seized under the guise of forfeiture statutes. Various state... |
2017 |
|
| Donna Farag |
FROM TWEETER TO TERRORIST: COMBATTING ONLINE PROPAGANDA WHEN JIHAD GOES VIRAL |
54 American Criminal Law Review 843 (Summer, 2017) |
Ali Shukri Amin was a seventeen-year old high school honors student with a bright future ahead of him. Diagnosed with a chronic disorder that disrupted his academic career, Amin felt isolated and grappled with his faith and global events. He focused his attention specifically on the Middle East, struggling to understand the civil war in Syria as he... |
2017 |
|
| Sahar F. Aziz |
GLOBAL CONFLICT AND POPULISM IN A POST-9/11 WORLD |
52 Tulsa Law Review 395 (Winter, 2017) |
It is a privilege to be here today to deliver the Seventeenth Annual Buck Colbert Franklin Civil Rights Lecture. As a civil rights attorney and law professor working with Muslim and Arab American communities who are among the most unpopular minority group today, it is a special honor to recognize the noble work of Buck Colbert Franklin. It is... |
2017 |
|
| Evan J. Mandery |
GREGG AT 40 |
46 Southwestern Law Review 275 (2017) |
In early April 1976, Potter Stewart, Lewis Powell, and John Paul Stevens met for lunch at the Monocle--a venerable Washington steakhouse--and decided the future of the American death penalty. The three Justices were in a bind. Each harbored substantial misgivings about capital punishment, but each--Stewart especially--also felt constrained by the... |
2017 |
|
| Catherine M. Grosso, Barbara O'Brien |
GROUNDING CRIMINAL PROCEDURE |
20 Journal of Gender, Race and Justice 53 (February, 2017) |
I. Introduct ion. 54 II. Casebooks and Cases. 57 A. The Casebook Review. 61 1. On Race and Racism. 62 2. On Procedure. 64 3. The Crimes at Issue. 64 B. One Year of Fourth Amendment Opinions. 65 1. Defining a Sample for Review. 66 2. On Race and Racism. 67 3. On Procedure. 68 4. The Crimes at Issue. 69 C. Comparisons and Observations. 69 1. On Race... |
2017 |
|
| Areto A. Imoukhuede |
GUN RIGHTS AND THE NEW LOCHNERISM |
47 Seton Hall Law Review 329 (2017) |
I. Introduction. 330 II. Implementing a Lochner Era Ideal: Reduced Regulatory Power. 333 A. Lochnerism's Regulatory Goals. 333 1. Liberty. 334 2. Federalism: States' Rights. 337 3. Limited Government. 337 B. Lochnerism's Problems. 338 1. Ignores Governmental Duty. 339 2. Inconsistent, Value Based Decisions. 339 3. Hostile to Public Safety and... |
2017 |
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| Allison M. Mosig |
HATE OR CIVIC PRIDE? THE SPEECH OF SYMBOLS IN THE UNITED STATES, GERMANY AND JAPAN |
40 Suffolk Transnational Law Review 73 (Winter, 2017) |
Since the United States Civil War, the Confederate Battle Flag of the South has been the subject of much controversy in the United States. The debate surrounding how the country should handle this flag has recently been renewed, in large part due to a mass shooting at a Charleston, South Carolina church by a young white man with ties to white... |
2017 |
|
| Adrien Katherine Wing |
HENRY J. RICHARDSON III: A CRITICAL RACE MAN |
31 Temple International and Comparative Law Journal 377 (Spring, 2017) |
I knew Henry Richardson before I knew myself. I knew Henry Richardson before I knew there was a Henry Richardson. What can I possibly mean by these seemingly nonsensical statements? In the early 1960s, my father Dr. John E. Wing Jr. and my mother Katherine P. Wing moved with our family of three tiny children from Los Angeles, California to... |
2017 |
|
| James T. Gathii |
HENRY J. RICHARDSON III: THE FATHER OF BLACK TRADITIONS OF INTERNATIONAL LAW |
31 Temple International and Comparative Law Journal 325 (Spring, 2017) |
Without any doubt, Professor Henry J. Richardson III is the father of Black traditions of international law. Before he came along, the voices, perspectives, and concerns of Blacks in particular, and other subordinated groups around the globe in general, were missing in international legal scholarship as well as in the leading societies of the... |
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 |
HEROES |
41-JUN Champion 5 (June, 2017) |
The best thing I did was to choose the right heroes. --Warren Buffett I think a hero is any person really intent on making this a better place for all people. --Maya Angelou Poor is the nation that has no heroes, but poorer still is the nation that having heroes, fails to remember and honor them. --Marcus Cicero At a recent NACDL meeting, I... |
2017 |
|
| Rachel Levinson-Waldman |
HIDING IN PLAIN SIGHT: A FOURTH AMENDMENT FRAMEWORK FOR ANALYZING GOVERNMENT SURVEILLANCE IN PUBLIC |
66 Emory Law Journal 527 (2017) |
Over the last several decades, the range and capabilities of easily available technologies have expanded at an astonishing pace. The beeper gave way to the flip phone, which has largely been replaced by the smartphone, a minicomputer that fits in the palm of your hand and is more powerful than the desktop machine of the 1980s. Paper maps are... |
2017 |
|
| Judith A. Parker |
HOW A DIVERSE ADMINISTRATIVE LAW JUDGE FIELD FOSTERS LONGEVITY AND PUBLIC CONFIDENCE |
37 Journal of the National Association of Administrative Law Judiciary 1 (Spring, 2017) |
I Introduction. 2 II The Current State of Minority and Women Legal Professionals is Good News, but It Could be Better. 7 III Offices Hiring ALJs Should Adopt the Business Community's Path to Diversity. 9 IV Social Science Posits that Diversity Trumps Ability. 12 V The ABA Offers Multiple Reasons to Support Diversity in the Legal Profession. 15 VI... |
2017 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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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