| Author | Title | Citation | Summary | Year | Relevancy |
| Stephanie Bornstein |
RECKLESS DISCRIMINATION |
105 California Law Review 1055 (August, 2017) |
If there are known, easily adopted ways to reduce bias in employment decisions, should an employer be held liable for discriminatory results when it fails to adopt such measures? Given the vast amount we now know about implicit bias and the ways to reduce it, to what extent is an employer who knowingly fails to do so engaging in intentional... |
2017 |
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| Michael Z. Green |
RECONSIDERING PREJUDICE IN ALTERNATIVE DISPUTE RESOLUTION FOR BLACK WORK MATTERS |
70 SMU Law Review 639 (Summer, 2017) |
In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the... |
2017 |
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| Lauren Sudeall Lucas |
REFLECTION: HOW MULTIRACIAL LIVES MATTER 50 YEARS AFTER LOVING |
50 Creighton Law Review 719 (June, 2017) |
Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person... |
2017 |
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| Bernard Mayer, Ph.D. |
REFLECTIONS ON THE LOVING CONFERENCE: RACE, IDENTITY, COMMUNITY, AND CONFLICT |
50 Creighton Law Review 745 (June, 2017) |
The Loving story is the American story. At heart it is about what we most value, how we view the American community, and how tolerant we are of our differences. This was the challenge that faced our nation when the Constitution was created and it is still at the core of our most enduring conflicts. As well, the decision in Loving v. Virginia marks... |
2017 |
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REFORMING THE RANKS: POLICY INITIATIVES TO ENSURE POLICE ACCOUNTABILITY & IMPROVE POLICE AND COMMUNITY RELATIONS |
11 Northwestern Journal of Law & Social Policy 402 (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 2:00 p.m. MODERATOR: MS. ALEXA A. VAN BRUNT, Clinical Associate Professor of Law at Northwestern University School of Law; Attorney at the Roderick and Solange MacArthur... |
2017 |
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| Cary Coglianese , David Lehr |
REGULATING BY ROBOT: ADMINISTRATIVE DECISION MAKING IN THE MACHINE-LEARNING ERA |
105 Georgetown Law Journal 1147 (June, 2017) |
Machine-learning algorithms are transforming large segments of the economy as they fuel innovation in search engines, self-driving cars, product marketing, and medical imaging, among many other technologies. As machine learning's use expands across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of... |
2017 |
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| Brooke D. Coleman , Elizabeth G. Porter |
REINVIGORATING COMMONALITY: GENDER AND CLASS ACTIONS |
92 New York University Law Review 895 (October, 2017) |
Introduction. 895 I. The Waves of Feminism & Class Actions. 899 A. Waves of Feminism. 899 B. Parallels in Class Action Doctrine. 905 Conclusion. 915 |
2017 |
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| Paul Savoy |
REOPENING FERGUSON AND RETHINKING CIVIL RIGHTS PROSECUTIONS |
41 New York University Review of Law and Social Change 277 (2017) |
A deeply flawed eighty-six page legal memorandum revealed the rationale for the U.S. Justice Department's March 2015 decision not to prosecute Ferguson police officer Darren Wilson. The Article rejects the Department's contention that prosecution was not permitted by the governing law and explains why the failure to indict was supported by neither... |
2017 |
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| Zachary Norris |
REPAIRING HARM FROM RACIAL INJUSTICE: AN ANALYSIS OF THE JUSTICE REINVESTMENT INITIATIVE AND THE TRUTH AND RECONCILIATION COMMISSION |
94 Denver Law Review 515 (Spring, 2017) |
Structural racism and racial injustice result in deep, long-standing, and widespread harm to communities, particularly to people of color and low-income people. To address and remedy these harms, countries and institutions have attempted to create processes for intervention and accountability; however, these efforts have often been limited or... |
2017 |
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| Dov Fox |
REPRODUCTIVE NEGLIGENCE |
117 Columbia Law Review 149 (January, 2017) |
A pharmacist fills a prescription for birth control pills with prenatal vitamins. An in vitro lab loses a cancer survivor's eggs. A fertility clinic exposes embryos to mad cow disease. A sperm bank switches a selected sample with one from a donor of a different race. An obstetrician predicts that a healthy fetus will be born with a debilitating... |
2017 |
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| Donald F. Tibbs , Tryon P. Woods |
REQUIEM FOR LAQUAN MCDONALD: POLICING AS PUNISHMENT AND ABOLISHING REASONABLE SUSPICION |
89 Temple Law Review 763 (Summer, 2017) |
To have lived in bad faith is to have evaded recognition of oneself as a human being. It is to have lived a fugitive existence .. To die in bad faith, then, is tantamount to having never lived. Introduction. 763 I. The Problem of Generalized Suspicion. 767 II. Deconstructing the Prophylactic Rule in Terry v. Ohio. 770 III. Rethinking Punishment's... |
2017 |
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| Victor Li |
RESISTANCE REDUX |
103-AUG ABA Journal 38 (August, 2017) |
When Stephen Bingham and Timothy Jenkins remember traveling to Mississippi in 1964 to take part in the Freedom Summer, with the stated goal of registering African-Americans to vote, they recall being exhilarated. It was an exciting time for the civil rights movement and the two--along with thousands of other volunteers from the NAACP, Southern... |
2017 |
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| Professor Scott Holmes |
RESISTING ARREST AND RACISM - THE CRIME OF "DISRESPECT" |
85 UMKC Law Review 625 (Spring, 2017) |
Maybe all she had left when her words ran out was this smack of action. Maybe her heart is a charred city, charmed city Her son, her last ember. We take her footage into our eyes and mouths, add our own soundtrack and lean political. John Hill is a poor black man, his body covered in burn scars. He was riding his bicycle down Alston Avenue in... |
2017 |
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| Margo Kaplan |
RESTORATIVE JUSTICE AND CAMPUS SEXUAL MISCONDUCT |
89 Temple Law Review 701 (Summer, 2017) |
C1-2Table of Contents Introduction. 702 I. Sexual Assault in Higher Education. 706 II. The Restorative Justice Approach. 713 III. The Promise and Peril of Restorative Justice for Campus Sexual Misconduct. 717 A. Distinguishing Campus Disciplinary Proceedings from Criminal Justice. 717 B. The Promise of Restorative Justice for Campus Sexual Assault.... |
2017 |
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| Erin R. Archerd |
RESTORING JUSTICE IN SCHOOLS |
85 University of Cincinnati Law Review 761 (December, 2017) |
Criminalization of minorities and people with disabilities begins early. It begins in school. This school-to-prison pipeline is exacerbated by the presence of police in schools, commonly known as school resource officers or SROs. Schools' use of SROs has grown in response to perceived threats to student safety, but this growth has also... |
2017 |
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RESTORING LEGITIMACY: THE GRAND JURY AS THE PROSECUTOR'S ADMINISTRATIVE AGENCY |
130 Harvard Law Review 1205 (February, 2017) |
Within weeks of each other in 2014, a grand jury in Ferguson, Missouri, and another in Staten Island, New York, both declined to indict police officers in the deaths of unarmed black men: Ferguson's eighteen-year-old Michael Brown and New York's forty-three-year-old Eric Garner. Nationwide protests involving thousands erupted in the wake of the... |
2017 |
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| Linda Zhang |
RETALIATORY ARRESTS AND THE FIRST AMENDMENT: THE CHILLING EFFECTS OF HARTMAN v. MOORE ON THE FREEDOM OF SPEECH IN THE AGE OF CIVILIAN VIGILANCE |
64 UCLA Law Review 1328 (August, 2017) |
In the age of civilian vigilance, smartphone technology and social media have enabled individuals to record and share videos of police interactions with citizens at an unprecedented rate, sometimes providing indisputable evidence of police misconduct for the world to see instantly. The probative value and public shock factor of some of these videos... |
2017 |
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| Scott L. Cummings |
RETHINKING THE FOUNDATIONAL CRITIQUES OF LAWYERS IN SOCIAL MOVEMENTS |
85 Fordham Law Review 1987 (April, 2017) |
The question of whether lawyers help or hurt social movements has been hotly debated by legal scholars for nearly half a century. As progressive social movements began to decline in the 1970s, scholars developed a powerful critical account of the role that lawyers had played, stressing how lawyer domination and overinvestment in legal tactics had... |
2017 |
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| Khaled A. Beydoun , Erika K. Wilson |
REVERSE PASSING |
64 UCLA Law Review 282 (February, 2017) |
Throughout American history untold numbers of people have concealed their true racial identities and assumed a white racial identity in order to reap the economic, political, and social benefits associated with whiteness. This phenomenon is known as passing. While legal scholars have thoroughly investigated passing in its conventional form, the... |
2017 |
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| Peter Halewood, Donna Young |
RULE OF LAW, ACTIVISM, AND EQUALITY: GROWING ANTISUBORDINATION NORMS WITHIN THE NEOLIBERAL UNIVERSITY |
50 John Marshall Law Review 249 (Winter, 2017) |
I. Introduction. 249 II. Campus Protest as Catalyst for Social Change. 253 III. The Nexus of Campus Activism to Law Reform. 256 A. Affirmative Action and Diversity. 257 B. Does Title VI Address Student Concerns?. 261 C. The Failure of Antidiscrimination Doctrine. 262 D. The Battle over the First Amendment. 264 IV. Activism, Neoliberalism, and the... |
2017 |
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| Cynthia Short |
RYAN STOKES: JUSTICE FOR RYAN |
61 Saint Louis University Law Journal 761 (Summer, 2017) |
Mothers across this nation have become unwilling members of a club no one wants to join. Police kill over a thousand young men and women every year. Nearly sixty percent of victims did not have a gun or were involved in activities that should not [have] require[d] police intervention[,] such as harmless quality of life behaviors or mental health... |
2017 |
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| Amie Parnes |
Sanders urged to woo black voters |
2017 The Hill 3299169 (August 3, 2017) |
As Bernie Sanders considers another White House bid, advisers and confidants are urging him to spend more time in the South in an effort to woo black voters. |
2017 |
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| Ali Breland |
Senate Intel chair: Russian ads on Facebook targeted 'the right and left' |
2017 The Hill 4269543 (September 26, 2017) |
Sen. Richard Burr (R-N.C.), whose panel is probing ties between President Trump's campaign and Russia, pushed back Tuesday on suggestions that ads purchased on Facebook by Russian actors showed collusion between the campaign and Moscow. |
2017 |
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| Matthew Gollub |
SOCIAL ANXIETY DISORDER AND THE AMERICANS WITH DISABILITIES ACT'S IMPACT ON A PROFESSIONAL ATHLETE'S MEDIA OBLIGATIONS |
15 Cardozo Public Law, Policy and Ethics Journal 179 (Fall/Winter, 2016/2017) |
Introduction. 179 I. The Americans With Disabilities Act. 183 A. History and Overview. 183 B. Title I: Employment. 186 C. ADA Applied in Case Law. 189 II. ADA Applied to Mental Illness. 191 A. Social Anxiety Disorder: A Qualified Disability Under ADA. 194 III. NFL's Media Policy: Overview and Controversy. 196 A. NFL Media Policy Compared to Other... |
2017 |
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| Jeramie D. Scott |
SOCIAL MEDIA AND GOVERNMENT SURVEILLANCE: THE CASE FOR BETTER PRIVACY PROTECTIONS FOR OUR NEWEST PUBLIC SPACE |
12 Journal of Business & Technology Law 151 (2017) |
Social media sites are public space and government mass surveillance of this public space undermines our democracy. As we spend more and more of our lives on digital mediums, the government is monitoring publicly available social media data more than ever. At the same time, the Internet, particularly social media, has become an important public... |
2017 |
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| Paul G. Cassell , Richard Fowles |
STILL HANDCUFFING THE COPS? A REVIEW OF FIFTY YEARS OF EMPIRICAL EVIDENCE OF MIRANDA'S HARMFUL EFFECTS ON LAW ENFORCEMENT |
97 Boston University Law Review 685 (May, 2017) |
Introduction. 687 I. Gauging Miranda's Effect on Law Enforcement. 689 A. The Before-and-After Miranda Confession Rate Impact Studies. 691 B. The Second Generation Miranda Studies. 695 1. Questioning of Adults. 696 2. Questioning of Juveniles. 699 C. The Need to Move Beyond Confession Rates. 701 II. Clearance Rates as an Indirect Measure of... |
2017 |
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| Shawn Marie Boyne |
STINGRAY TECHNOLOGY, THE EXCLUSIONARY RULE, AND THE FUTURE OF PRIVACY: A CAUTIONARY TALE |
119 West Virginia Law Review 915 (Spring, 2017) |
I. Introduction. 915 II. The Bumpy Road of Judicial and Legislative Oversight. 920 A. The Shell Game. 921 B. United States v. Rigmaiden. 925 C. Change in Department of Justice Policy. 928 III. Cell Site Simulators and the Exclusionary Rule. 929 A. Case Facts. 930 B. Tackling Non-Disclosure. 931 C. CSS Technology Is Qualitatively Different from a... |
2017 |
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| Sherri Lee Keene |
STORIES THAT SWIM UPSTREAM: UNCOVERING THE INFLUENCE OF STEREOTYPES AND STOCK STORIES IN FOURTH AMENDMENT REASONABLE SUSPICION ANALYSIS |
76 Maryland Law Review 747 (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. . Until their voices matter too, our justice system will continue to be anything but. In recent years, there has been much... |
2017 |
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| Nancy E. Dowd |
STRAIGHT OUT OF COMPTON: DEVELOPMENTAL EQUALITY AND A CRITIQUE OF THE COMPTON SCHOOL LITIGATION |
45 Capital University Law Review 199 (Spring, 2017) |
Article 3 of the United Nations Convention on the Rights of the Child (UNCRC) and its core standard of serving the best interests of the child is closely interlinked with the Article 2 guarantee of equality and nondiscrimination for all children. The best interests of children are the interests of all children in growth, support, development, and... |
2017 |
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| Kathleen Nalty |
STRATEGIES FOR CONFRONTING UNCONSCIOUS BIAS |
64-FEB Federal Lawyer 26 (January/February, 2017) |
So--what's in a name? Apparently, a lot. If you are named John, you will have a significant advantage over Jennifer when applying for a position, even if you both have the exact same credentials. If your name is José, you will get more callbacks if you change it to Joe. And if you're named Emily or Greg, you will receive 50 percent more callbacks... |
2017 |
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