| Author | Title | Citation | Summary | Year | Key Terms |
| Joseph M. D'Amato |
INTERPRETING THE FIRST AMENDMENT AND SUPPRESSING POLITICAL MINORITIES |
69 Alabama Law Review 263 (2017) |
Introduction. 264 I. Three Interpretations of the First Amendment's Protection of Speech. 266 A. The Narrow Common Law Interpretation. 266 B. The Near-Absolutist Interpretation. 268 C. The Absolutist Interpretation. 270 II. Rejecting the Absolutist Interpretation: Suppressing the Speech of Political Minorities. 274 A. The Narrow Common Law... |
2017 |
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| Aubrey Coffey-Urban |
INTERSECTIONALITY, DIVERSITY AND THE LEGAL PROFESSION |
53-APR Arizona Attorney 38 (April, 2017) |
As I sit and talk with my mom about my experience at the Women's March in Phoenix, I realize I hadn't talked to a single person about intersectionality. I had gone to the match ready to talk about my thoughts and ask people about theirs on a variety of topics, but intersectionality had been at the front of my mind. But once I got to the Senate... |
2017 |
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| Jaya Ramji-Nogales |
INTRODUCTION TO THE FESTSCHRIFT IN HONOR OF HENRY J. RICHARDSON III |
31 Temple International and Comparative Law Journal 1 (Spring, 2017) |
It is with great pleasure that we dedicate this issue of the Temple International and Comparative Law Journal to a festschrift celebrating the life and work of Henry J. Richardson III. The authors and the Journal honor Professor Richardson for his many contributions to the field of international law, and in particular his analysis of the... |
2017 |
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| Ariela Gross |
INTRODUCTION: "A CRIME AGAINST HUMANITY": SLAVERY AND THE BOUNDARIES OF LEGALITY, PAST AND PRESENT |
35 Law and History Review 1 (February, 2017) |
Nowhere in legal history has the nexus between past and present received more attention in recent years than in the study of slavery. The memory of slavery has become a field of study in itself, and competing histories of slavery have animated contemporary legal and political debates. Today, new histories of capitalism have further illuminated the... |
2017 |
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| Camille Gear Rich, Elyn R. Saks |
INTRODUCTION: BEATING MENTAL ILLNESS SYMPOSIUM |
26 Southern California Interdisciplinary Law Journal 299 (Spring, 2017) |
On April 7-8, 2016, the Saks Institute for Mental Health Law and Policy (Saks Institute), the University of Southern California (USC) Suzanne Dworak-Peck School of Social Work (School of Social Work), and PRISM, the USC Initiative for the Study of Race, Gender, Sexuality, and the Law (PRISM) convened a conference entitled Beating Mental... |
2017 |
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| Jonathan Simon |
IS MASS INCARCERATION HISTORY? FROM THE WAR ON POVERTY TO THE WAR ON CRIME: THE MAKING OF MASS INCARCERATION IN AMERICA. BY ELIZABETH HINTON. CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS, 2016. 464 PAGES. $29.95 |
95 Texas Law Review 1077 (April, 2017) |
Introduction: The End of Mass Incarceration The Owl of Minerva spreads its wings only with the falling of the dusk. Despite Hegel's ultimately reassuring premise, it never seemed inevitable that the emergence of mass incarceration as a proper historical subject would occur simultaneously with its institutional and political demise. History, as a... |
2017 |
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| Taylor J. House |
IS THE UNITED STATES JUDICIAL SYSTEM FAILING TRANSGENDER WOMEN? A CRITICAL OVERVIEW |
12 Florida A & M University Law Review 333 (Spring, 2017) |
Introduction. 333 I. The Start of the LGBTQA Civil Rights Movement led by Transgender Women. 335 II. The Prison System and Transphobia. 338 III. Say Her Name: The Erasure of Black Trans-Women from the Black Lives Matter Movement. 343 IV. Should This be a Right?. 345 A. Transgender Acceptance Using Cis-Gender Bathrooms. 346 V. Adequate Health Care... |
2017 |
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| Thomas B. Harvey |
JAILING THE POOR |
42 Human Rights 16 (2017) |
Across the United States, police and courts have combined forces to create, enforce, and legitimize practices that have created a class of people who have been jailed because of their poverty. The process starts innocently enough. In cases where jail time either falls outside the range of punishment or would be an absurd punishment for a low-level... |
2017 |
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| R. Mark Frey |
JOHN LENNON vs. THE USA: THE INSIDE STORY OF THE MOST BITTERLY CONTESTED AND INFLUENTIAL DEPORTATION CASE IN UNITED STATES HISTORY BY LEON WILDES AMERICAN BAR ASSOCIATION, CHICAGO, IL, 2016. 384 PAGES, $35 |
64-FEB Federal Lawyer 92 (January/February, 2017) |
The recent publication of noted immigration attorney Leon Wildes' John Lennon vs. The USA brings back vivid memories of an era marked by conflict in matters involving war and national security, civil rights, law and order, and the Silent Majority. In some ways, these matters are eerily similar to today's concerns with ISIS/ISIL, Black Lives Matter,... |
2017 |
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| Major Michael E. Gilbertson |
JUST MERCY: A STORY OF JUSTICE AND REDEMPTION |
2017-JAN Army Lawyer 30 (January, 2017) |
The real question of capital punishment in this country is, Do we deserve to kill? For the past four years, violent and nonviolent protests have filled the streets of America and energized conversations at the dinner table, on the sports field, and in news studios across the country, demanding a fundamental change in how the police treat our... |
2017 |
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| Lisa A. Kloppenberg , Wesley H. Dodd |
JUSTICE FOR ALL: A ROLE FOR ADR EDUCATORS |
32 Ohio State Journal on Dispute Resolution 665 (2017) |
I. Public Trust in the Justice System is Declining A. Public Trust in the Justice System is at an All-time Low B. The Black Lives Matter Movement is a Manifestation of the lack of Trust in the Justice System C. The Public Perceives Police Officers as One Part of an Intertwined Justice System D. The Judiciary is Perceived as Politicized II. The... |
2017 |
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| Benjamin J. Keele , Nick Sexton |
KEEPING UP WITH NEW LEGAL TITLES |
109 Law Library Journal 683 (Fall, 2017) |
¶1 The idea behind The Craft of Librarian Instruction: Using Acting Techniques to Create Your Teaching Presence certainly caught my attention. I worried, though, that the comparison of acting to teaching would be a gimmick. It was not. The authors' deep research and appreciation for acting truly shows. The book is well researched and includes ample... |
2017 |
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| Gloria Steinem |
KEYNOTE CONVERSATION: GLORIA STEINEM AND CHANCELLOR NANCY CANTOR, RUTGERS-NEWARK |
38 Women's Rights Law Reporter 247 (Spring/Summer, 2017) |
Good afternoon everyone. As I said this morning, I'm Professor Professor Suzanne Kim. I'm on the faculty here at Rutgers Law School, resident here on the Newark Campus. I want to welcome you again today to this exciting event celebrating the 20th Anniversary of the UN Fourth World Conference on Women. We've had an exciting day so far, the panelists... |
2017 |
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| Gerald Korngold |
LAND USE REGULATION AS A FRAMEWORK TO CREATE PUBLIC SPACE FOR SPEECH AND EXPRESSION IN THE EVOLVING AND RECONCEPTUALIZED SHOPPING MALL OF THE TWENTY-FIRST CENTURY |
68 Case Western Reserve Law Review 429 (Winter 2017) |
Much has been written lately about the death of malls and large-scale shopping centers. The data show, however, that the great numbers of these malls and centers are not going extinct, but rather are undergoing an evolution from the fortress-type, retail-focused mall of the 1970s to a twenty-first century model better attuned to current tastes of... |
2017 |
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| Steven T. Taylor |
LAS VEGAS LAW FIRM SHAKES IT UP WITH NEW POLICY ANALYST HIRE |
36 Of Counsel 24 (April, 2017) |
After serving two sessions in the Nevada state legislature as the legislative assistant for Senator Aaron Ford, a Democrat who became the Senate minority leader last session and serves as majority leader this year, Lauren Brooks learned a lot about the workings of state government. She also cultivated many important relationships on both sides of... |
2017 |
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| Julie E. Cohen |
LAW FOR THE PLATFORM ECONOMY |
51 U.C. Davis Law Review 133 (November, 2017) |
This Article explores patterns of legal-institutional change in the emerging, platform-driven economy. Its starting premise is that the platform is not simply a new business model, a new social technology, or a new infrastructural formation (although it is also all of those things). Rather, it is the core organizational form of the emerging... |
2017 |
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| Matthew Hector |
LAWSUIT CHALLENGES WARRANTLESS CELLPHONE TRACKING |
105 Illinois Bar Journal 25 (March, 2017) |
A Chicago lawyer is suing the city and other defendants for gathering cellphone information in a way that violates individual privacy and should require a warrant. STINGRAYS AREN'T FOUND SOLELY AT sea. Stingray is also the nickname for cell site simulators. These devices mimic cell towers, collecting data from phones. Collected data can include... |
2017 |
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| Sidney D. Watson |
LESSONS FROM FERGUSON AND BEYOND: BIAS, HEALTH, AND JUSTICE |
18 Minnesota Journal of Law, Science & Technology 111 (Winter, 2017) |
Introduction. 111 I. Racial Bias, Health, and Health Care. 115 II. Affordable Care Act: A Health Equity Agenda. 126 III. Section 1557 of the Affordable Care Act. 131 Conclusion. 141 |
2017 |
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| Katherine J. Bies |
LET THE SUNSHINE IN: ILLUMINATING THE POWERFUL ROLE POLICE UNIONS PLAY IN SHIELDING OFFICER MISCONDUCT |
28 Stanford Law and Policy Review 109 (2017) |
Introduction. 110 I. Arguments for and Against Police Officer Misconduct Confidentiality Laws. 113 A. Overview of Confidentiality Legislation. 114 B. The Argument for Confidentiality. 115 C. Countervailing Public Interest: Transparency and Accountability. 117 1. Accountable and Transparent Decision-making. 118 2. Trust and Community Relations. 119... |
2017 |
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| Monique Peterkin, Editor-in-Chief, Volume 60 |
LETTER FROM THE EDITOR-IN-CHIEF |
60 Howard Law Journal vii (Winter, 2017) |
If Volume 60, Issue 1 of the Howard Law Journal represented the United States in its current form, Issue 2 represents its transcendence over time. With the Journal being in its sixtieth year, our hope is that this Volume as a whole leads to meaningful discussion and reflection about the state of our country. In the past sixty years, what exactly... |
2017 |
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LITIGATING POLICE MISCONDUCT: DOES THE LITIGATION PROCESS MATTER? DOES IT WORK? |
11 Northwestern Journal of Law & Social Policy 366 (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 11:00 a.m. MODERATOR: MR. LOCKE E. BOWMAN, Clinical Professor of Law at Northwestern University School of Law, and Executive Director of the Roderick and Solange MacArthur... |
2017 |
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| Laura I Appleman |
LOCAL DEMOCRACY, COMMUNITY ADJUDICATION, AND CRIMINAL JUSTICE |
111 Northwestern University Law Review 1413 (2017) |
Abstract--Many of our criminal justice woes can be traced to the loss of the community's decisionmaking ability in adjudicating crime and punishment. American normative theories of democracy and democratic deliberation have always included the participation of the community as part of our system of criminal justice. This type of democratic localism... |
2017 |
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| Courtney Harper Turkington |
LOUISIANA'S ADDICTION TO MASS INCARCERATION BY THE NUMBERS |
63 Loyola Law Review 557 (Fall, 2017) |
I. INTRODUCTION. 557 II. THE HISTORY AND CURRENT STATE OF THE WAR ON DRUGS. 559 A. The Fabrication of a Drug and Racial Threat. 559 B. Public Belief in the Drug Threat and the Subsequent Marginalization of Minorities. 562 C. Impact of Successive Administrations' War on Drugs. 563 III. MASS INCARCERATION IN LOUISIANA: THE WORLD'S PRISON CAPITAL. 566... |
2017 |
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| Shon Hopwood |
MARIE GOTTSCHALK, CAUGHT: THE PRISON STATE AND THE LOCKDOWN OF AMERICAN POLITICS, PRINCETON, NJ: PRINCETON UNIVERSITY PRESS, 2015, PP. 474, $35.00 CLOTH; $24.95 PAPER |
66 Journal of Legal Education 445 (Winter, 2017) |
The American criminal justice system is a mess. It criminalizes too much conduct, disproportionately targets the poor and people of color, and overly relies on incarceration. It has become so immense that millions of Americans are starting to feel its squeeze as its grip fails every demographic of America from crime victims and taxpayers to those... |
2017 |
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| Nicholas F. Stump |
MOUNTAIN RESISTANCE: APPALACHIAN CIVIL DISOBEDIENCE IN CRITICAL LEGAL RESEARCH MODELED LAW REFORM |
41-FALL Environs Environmental Law and Policy Journal 69 (Fall, 2017) |
John Rawls authored the modern seminal work on civil disobedience in A Theory of Justice. Like all Rawlsian political theory, civil disobedience is very much conceived vis-à-vis the liberalism paradigm. Through this restrictive lens, the role of civil disobedience is in communicating injustices to the societal majority and to legal-institutional... |
2017 |
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| Scott L. Cummings |
MOVEMENT LAWYERING |
2017 University of Illinois Law Review 1645 (2017) |
This Article explores an important development in American legal theory and practice over the past decade: the rise of movement lawyering as an alternative model of public interest advocacy focused on building the power of nonelite constituencies through integrated legal and political strategies. Its central goal is to explain why movement... |
2017 |
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| Sameer M. Ashar |
MOVEMENT LAWYERS IN THE FIGHT FOR IMMIGRANT RIGHTS |
64 UCLA Law Review 1464 (December, 2017) |
As immigration reform initiatives driven by established advocacy organizations in Washington, D.C. were successively defeated in the mid-to-late 2000s, movement-centered organizations and newly created formations of undocumented youth mobilized against the federal-local immigration enforcement regime of the Bush and Obama administrations. This... |
2017 |
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| Jeff Esparza |
MURDER WAS THE CASE: MISSOURI'S FIRST-DEGREE MURDER STATUTES ARE LITTERED WITH CONSTITUTIONAL DEFECTS |
85 UMKC Law Review 773 (Spring, 2017) |
Missouri's first-degree murder statutes are so riddled with facial and implied constitutional errors that they cannot survive even cursory scrutiny. Certainly, murder statutes, and the death penalty in particular, have received a good deal of commentary, but none have directly addressed the constitutional infirmities which so permeate Missouri's... |
2017 |
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| Nida Siddiqui |
N Σ NATIONAL SECURITY FRAT PARTY: GOVERNMENT SURVEILLANCE ON COLLEGE CAMPUSES |
9 Northeastern University Law Review 453 (Summer, 2017) |
I. Introduction. 455 II. Initiation: History of Surveillance on College Campuses. 457 A. The Early Beginnings of the College Surveillance Era. 457 B. The Court's Evolving Interpretation of the University-Student Relationship. 459 III. House Rules: Governing Case Law and Statutes Concerning Student Privacy. 461 A. The Fourth Amendment & Reasonable... |
2017 |
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| Lucy Jewel |
NEURORHETORIC, RACE, AND THE LAW: TOXIC NEURAL PATHWAYS AND HEALING ALTERNATIVES |
76 Maryland Law Review 663 (2017) |
Persuasion happens in both the brain and the body. Departing from a Cartesian view of rationality, neuroscience explains that the mind and the body are highly integrated. It is a fallacy to believe that we engage with arguments in an abstract, analytical, and unemotional fashion. Instead, neuroscience explains that when rhetoric influences us, it... |
2017 |
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