| Author | Title | Citation | Summary | Year | Relevancy |
| Stacy L. Hawkins |
THE LONG ARC OF DIVERSITY BENDS TOWARDS EQUALITY: DECONSTRUCTING THE PROGRESSIVE CRITIQUE OF WORKPLACE DIVERSITY EFFORTS |
17 University of Maryland Law Journal of Race, Religion, Gender and Class 61 (Spring, 2017) |
Workplace diversity efforts have many critics. More notable perhaps than the attack from the right in the form of legal challenges alleging workplace diversity efforts amount to reverse discrimination is the normative critique of workplace diversity efforts from the left. Progressive responses to workplace diversity efforts range from cautious... |
2017 |
|
| Valerie E. Anias |
THE MILLENNIAL ATTORNEY |
50-JUN Maryland Bar Journal 22 (May/June, 2017) |
Millennials, also known as Generation Y, are the largest--and an often-misunderstood--generation. A millennial will have used a laptop throughout law school, maintained an email address likely since middle school, seen and entered Facebook near its onset, and had a cell phone glued to her hip for most of her life. Unlike most, a millennial will... |
2017 |
|
| William S. Laufer |
THE MISSING ACCOUNT OF PROGRESSIVE CORPORATE CRIMINAL LAW |
14 NYU Journal of Law & Business 71 (Fall, 2017) |
This Article offers a modern, progressive account of corporate criminal law using foundational principles of twentieth century progressivism. The central role of science and advancing technology define the architecture of this account. Some of the intractable challenges of using the criminal law to regulate corporations are reviewed, followed by a... |
2017 |
|
| Suzette M. Malveaux |
THE MODERN CLASS ACTION RULE: ITS CIVIL RIGHTS ROOTS AND RELEVANCE TODAY |
66 University of Kansas Law Review 325 (December, 2017) |
It is a golden anniversary. The modern class action rule recently turned fifty years old. However, the occasion is marred by troubled times. Hate crimes, violence and discrimination on the basis of race, religion, gender, immigration status, sexual orientation and more are on the rise. Prejudice that lay dormant has recently erupted, unleashing... |
2017 |
|
| Carrie L. Rosenbaum |
THE NATURAL PERSISTENCE OF RACIAL DISPARITIES IN CRIME-BASED REMOVALS |
13 University of Saint Thomas Law Journal 532 (Fall, 2017) |
This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration... |
2017 |
|
| Marion Crain, Kenneth Matheny |
THE 'NEW' LABOR REGIME |
126 Yale Law Journal Forum 478 (April 19, 2017) |
In The New Labor Law, Professor Kate Andrias describes a labor regime founded upon politicized social bargaining emerging from the wreckage of the National Labor Relations Act (NLRA). This regime rejects (for the most part) the NLRA's employer-employee dyad model of private ordering through worksite-based representation and collective bargaining,... |
2017 |
|
| Mari Matsuda |
The Next Dada Utopian Visioning Peace Orchestra: Constitutional Theory and the Aspirational |
62 McGill Law Journal 1203 (June, 2017) |
I. I Made An Orchestra 1204 II. There Are Two Kinds of People 1205 A. The Personal is the Political 1206 B. The Tool in Your Hand 1209 III. Art and Constitutional Theory: Who Is This Constitution For? 1210 IV. The Imperative of Big Change 1215 V. The Utopian Constitution 1217 VI. Art as a Right 1230 VII. Problematizing Art as a Right 1 239 VIII.... |
2017 |
|
| |
THE NUREMBERG SYMPOSIUM AN INTERNATIONAL LEGAL SYMPOSIUM ON THE NUREMBERG LAWS & THE NUREMBERG TRIALS |
39 Loyola of Los Angeles International and Comparative Law Review 319 (Winter, 2017) |
Professor Elie Wiesel, Nobel Laureate and esteemed survivor of the Holocaust, served as Honorary Chairman for The Nuremberg Symposium. His recent passing has left an irreplaceable void. His vision, wisdom, and voice were indeed the moral compass of the world. May his memory serve as a blessing. Welcome, Introductions and Overview. 324 Professor... |
2017 |
|
| Bryan L. Sykes, University of California-Irvine |
THE POLITICAL ROOTS OF RACIAL TRACKING IN AMERICAN CRIMINAL JUSTICE. BY NINA M. MOORE. NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2015. 406 PP. $30.99 PAPERBACK |
51 Law and Society Review 211 (March, 2017) |
In April 2016, Black Lives Matter (BLM) protesters clashed with Bill Clinton over his role in the passage of the 1994 Crime Bill and Hillary Clinton's use of the term super predators to describe the involvement of black youth in criminal offenses. Demonstrators sought to highlight how policymakers and the general public construct narratives and... |
2017 |
|
| Gabriel J. Chin |
THE PROBLEMATIC PROSECUTION OF AN ASIAN AMERICAN POLICE OFFICER: NOTES FROM A PARTICIPANT IN PEOPLE v. PETER LIANG |
51 Georgia Law Review 1023 (Summer, 2017) |
C1-2Table of Contents I. Introduction. 1024 II. Liability for Manslaughter or Negligent Homicide. 1029 III. Being Careful What We Wish For. 1036 A. PUBLIC NOTORIETY AND PRESSURE. 1037 B. REVERSING THE ROLES. 1039 C. JURY DEFERENCE, JURY PREJUDICE. 1041 D. HARMLESS ERROR. 1041 E. OBSCURING REAL CAUSES. 1043 |
2017 |
|
| Michael Kagan |
THE PUBLIC DEFENDER'S PIN: UNTANGLING FREE SPEECH REGULATION IN THE COURTROOM |
111 Northwestern University Law Review Online 125 (March 6, 2017) |
On a Tuesday morning in September 2016, Erika Ballou, a deputy public defender in Clark County, Nevada, appeared with her client for a sentencing hearing in a Las Vegas courtroom. She wore a black pin on her lapel. Black Lives Matter, it said. District Court Judge Douglas Herndon told her to either take it off or hand her case over to another... |
2017 |
|
| Tamar R. Birckhead |
THE RACIALIZATION OF JUVENILE JUSTICE AND THE ROLE OF THE DEFENSE ATTORNEY |
58 Boston College Law Review 379 (March, 2017) |
Introduction. 381 I. The Persistence of Racial Bias Within Juvenile Justice. 394 A. Wayward Youths of the Nineteenth Century. 395 1. Evolution of the Concept of Race. 395 2. Disparate Treatment Based on Race. 398 B. Mid-Century Lads of Tender Years. 401 1. Delinquency as Contagion. 401 2. The Expansion of Children's Rights. 405 C. 1990s... |
2017 |
|
| Anupam Chander |
THE RACIST ALGORITHM? |
115 Michigan Law Review 1023 (April, 2017) |
The Black Box Society: The Secret Algorithms That Control Money and Information. By Frank Pasquale. Cambridge and London: Harvard University Press. 2015. P. 218, $35. A pie chart satirizing Google's research and development expenditures imagines a largely tripartite division: omniscience, omnipresence, and omnipotence. Uber offers its staff what it... |
2017 |
|
| Penney P. Azizi |
THE REPRODUCIBILITY OF EVOLVING SOCIAL SCIENCE EVIDENCE AND HOW IT SHAPES EQUAL PROTECTION JURISPRUDENCE |
44 Hastings Constitutional Law Quarterly 433 (Summer, 2017) |
In Korematsu v. United States, the United States Supreme Court held that strict scrutiny would apply to cases regarding statutes that create classifications based on race. This means that the burden of proof is on the government to show that the challenged statute, law, or classification is narrowly tailored to serve a compelling state interest.... |
2017 |
|
| Stephen B. Bright |
THE RICHARD J. CHILDRESS MEMORIAL LECTURE 2016 KEYNOTE: THE CONTINUING DENIAL OF COUNSEL AND ASSEMBLY-LINE PROCESSING OF POOR PEOPLE ACCUSED OF CRIMES |
61 Saint Louis University Law Journal 605 (Summer, 2017) |
My address today concerns the problem of poverty in our court system. There are many poor people with urgent, unmet legal needs who lack access to the courts and have no ability to even confer with a lawyer about their legal problems. I am going to discuss people in the criminal courts, but it is important to mention the people with civil legal... |
2017 |
|
| Michael M. Oswalt |
THE RIGHT TO IMPROVISE IN LOW-WAGE WORK |
38 Cardozo Law Review 959 (February, 2017) |
The resurgence of strikes in the non-union fast food and retail sectors has created unprecedented momentum for increases in state, local, and company-specific minimum wages. The once fantastical demand for a $15 an hour wage floor has been legislated into life in two states, four major cities, and counting. Early work, drawing from organizational... |
2017 |
|
| Deborah L. Brake |
THE SHIFTING SANDS OF EMPLOYMENT DISCRIMINATION: FROM UNJUSTIFIED IMPACT TO DISPARATE TREATMENT IN PREGNANCY AND PAY |
105 Georgetown Law Journal 559 (March, 2017) |
C1-3Table of Contents L1-2Introduction . L3560 I. A Brief Overview of Employment Discrimination Law: The Tyranny of the Proof Frameworks and the Judiciary's Narrow View of Discriminatory Intent. 563 A. TRACING THE IMPACT AND TREATMENT DIVIDE AND THEIR SEPARATE PROOF FRAMEWORKS. 564 B. THE MEANING OF DISCRIMINATORY INTENT: WHAT COURTS HAVE IN MIND.... |
2017 |
|
| Steven W. Bender |
THE TEACHINGS OF POPE FRANCIS SYMPOSIUM: TOWARD A COMMON GOOD FOR OUR COMMON HOME |
40 Seattle University Law Review 1167 (Summer, 2017) |
C1-2Contents Introduction 1168 I. Making Our Common Home Great Again 1169 II. The Moral Voice of Pope Francis as a Catalyst for Cultural Change 1172 III. The Church as a Catalyst for Legal Change Toward Social Justice 1174 A. Leadership from the Top, Looking to the Bottom, and Connected to Other Voices 1174 B. Local Church Officials Must Supply... |
2017 |
|
| Michael Diamond |
THE TRANSPOSITION OF POWER: LAW, LAWYERS, AND SOCIAL MOVEMENTS |
24 Georgetown Journal on Poverty Law and Policy 319 (Spring, 2017) |
Various groups of people have been the victims of oppression throughout time and across national borders and cultures. Many forms of oppression continue to exist all over the world today, including in the United States. I have been particularly concerned with oppression on the basis of race. The responses to oppression have taken many forms,... |
2017 |
|
| Professor Steven H. Hobbs |
THE TRIBES OF MAYCOMB COUNTY: THE CONTINUING QUEST TO TRANSCEND OUR DIFFERENCES |
47 Cumberland Law Review 61 (2016-2017) |
We are a tribal people, we Americans, in spite of our national motto: E pluribus unum. We are subdivided by race, class, culture, religion, education, physical and mental health, and so much more. While multiculturalism is said to be enriching and empowering to our communal life, our celebration of diversity seldom permits us to totally look beyond... |
2017 |
|
| Michelle S. Jacobs |
THE VIOLENT STATE: BLACK WOMEN'S INVISIBLE STRUGGLE AGAINST POLICE VIOLENCE |
24 William and Mary Journal of Women and the Law 39 (Fall, 2017) |
Introduction I. The Historical View A. Stereotypes About Black Women 1. Black Women as Governed by Libido and Loose Morals 2. Black Women as Liars 3. Black Women as Man-Like and Aggressive II. Black Women Are Murdered and Assaulted by the Police A. Invisible Homicides Committed by the Police 1. Black Women with Mental Health Issues Are... |
2017 |
|
| Scott L. Cummings |
THEMATIC OVERVIEW: COMMUNITY DEVELOPMENT LAW AND ECONOMIC JUSTICE--WHY LAW MATTERS |
26 Journal of Affordable Housing & Community Development Law 35 (2017) |
Thank you for the privilege of reading and commenting on these fascinating papers on community economic development (CED). I personally came away from them thinking that CED law is now less a body of activity or doctrine that can be empirically defined or normatively derived, and more a set of basic questions about the content and control of local... |
2017 |
|
| Lundy Braun |
THEORIZING RACE AND RACISM: PRELIMINARY REFLECTIONS ON THE MEDICAL CURRICULUM |
43 American Journal of Law & Medicine 239 (2017) |
The current political economic crisis in the United States places in sharp relief the tensions and contradictions of racial capitalism as it manifests materially in health care and in knowledge-producing practices. Despite nearly two decades of investment in research on racial inequality in disease, inequality persists. While the reasons for... |
2017 |
|
| Dr. Franciska A. Coleman |
THEY SHOULD BE FIRED: THE SOCIAL REGULATION OF FREE SPEECH IN THE U.S. |
16 First Amendment Law Review 1 (Fall, 2017) |
The debate over First Amendment jurisprudence often assumes that the First Amendment reflects a choice of non-regulation over regulation. This article suggests, however, that it is more accurate to describe the First Amendment as reflecting a choice of social regulation over legal regulation. Social regulation of speech has generally been lauded... |
2017 |
|
| Rob Kahn |
THREE FIRST AMENDMENT PUZZLES RAISED BY THE POLICE UNION RESPONSE TO SPEECH CRITICIZING POLICE CONDUCT IN FERGUSON AND NEW YORK CITY |
8 Alabama Civil Rights & Civil Liberties Law Review 163 (2017) |
I. Introduction: Police Unions, Protests Against Police Shootings and Freedom of Speech. 164 A. Football Players, a Big City Mayor, and a Police Union Crackdown. 166 B. American First Amendment Values and Bollinger's Tolerant Society Model. 171 C. Three Puzzles Raised by the Police Union Response. 174 II. Should Police Unions Ever Take Part in... |
2017 |
|
| Ronen Avraham , Kimberly Yuracko |
TORTS AND DISCRIMINATION |
78 Ohio State Law Journal 661 (2017) |
Current tort law contains incentives to target individuals and communities based on race and gender. Surprisingly, the basis for such targeting is the seemingly neutral use of three different race- and gender-based statistical tables (for wages, life expectancy, and worklife expectancy) which, when used in tort damage calculations, result in a... |
2017 |
|
| Justin D. Cummins , Beth Belle Isle |
TOWARD SYSTEMIC EQUALITY: REINVIGORATING A PROGRESSIVE APPLICATION OF THE DISPARATE IMPACT DOCTRINE |
43 Mitchell Hamline Law Review 102 (2017) |
I. Introduction. 103 II. The Expansion of Civil Rights Enforcement Through the Adoption of the Disparate Impact Doctrine (1960s-1970s). 104 A. The Enactment of Title VII of the Civil Rights Act of 1964. 104 B. The Affirmation of the Disparate Impact Doctrine Under Title VII: Griggs v. Duke Power Co.. 107 C. A Progressive Application of the... |
2017 |
|
| MaKenna Rogers , Brittany Wages |
TRADEMARKING SOCIAL MOVEMENTS MATTER |
17 Wake Forest Journal of Business and Intellectual Property Law 372 (Spring, 2017) |
I. Introduction. 373 A. Past Attempts Foreshadow Today's Problems. 375 B. Movements' Relation to Trademark Law. 379 II. ACQUISITION OF RIGHTS PERSPECTIVE. 380 A. Rules Regarding Collective Groups. 381 1. Native American Tribes. 382 2. Franchisor and Franchisee Relationships. 383 3. Church Organizations. 385 4. Greek Life. 387 B. Suggested... |
2017 |
|
| Deborah R. Gerhardt |
TRADEMARKS AS ENTREPRENEURIAL CHANGE AGENTS FOR LEGAL REFORM |
95 North Carolina Law Review 1519 (June, 2017) |
L1-2Introduction . L31519 I. Both Governments and Brands Create Communities Around Core Values. 1524 II. Navigating The Choice To Link A Trademark With politics. 1531 A. Risks Inherent to Political Engagement. 1532 B. Political Hijacking. 1535 III. Affirming brand Values Through Political and Cultural Engagement. 1541 A. Cultural Leadership. 1542... |
2017 |
|
| Marco Conner |
TRAFFIC JUSTICE: ACHIEVING EFFECTIVE AND EQUITABLE TRAFFIC ENFORCEMENT IN THE AGE OF VISION ZERO |
44 Fordham Urban Law Journal 969 (August, 2017) |
No goal is more ambitious than zero [traffic fatalities], but at the same time no other goal is acceptable. --New York City Mayor Bill de Blasio C1-2Table of Contents Introduction. 970 I. The U.S. Pandemic of Traffic Violence. 973 II. Vision Zero: A New Approach to Address the Pandemic. 975 A. What Is Vision Zero?. 976 B. Equity in Vision Zero.... |
2017 |
|