| Author | Title | Citation | Summary | Year | Relevancy |
| Maureen Johnson |
TRICKLE-DOWN BULLYING AND THE TRULY GREAT AMERICAN RESPONSE: CAN RESPONSIBLE RHETORIC IN JUDICIAL ADVOCACY AND DECISION-MAKING HELP HEAL THE DIVISIVENESS OF THE TRUMP PRESIDENCY? |
25 American University Journal of Gender, Social Policy and the Law 445 (2017) |
I. Introduction. 446 II. The Impact of an American President. 453 A. Trickle-Down Bullying: What's Good for the Goose is Good for the Goslings. 455 B. System One Thinking: How and Why Deeply Ingrained Values and Beliefs Are so Difficult to Shake. 460 C. A Unique Opportunity: Could President Trump Set an Example that Would Guide His Supporters to... |
2017 |
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| Rebecca Savransky |
Trump promotes book by Sheriff David Clarke |
2017 The Hill 3671530 (August 27, 2017) |
President Trump on Sunday promoted a book by Milwaukee County Sheriff David Clarke, who supported Trump during the presidential campaign. |
2017 |
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| Eloise Pasachoff |
TWO CHEERS FOR EVIDENCE: LAW, RESEARCH, AND VALUES IN EDUCATION POLICYMAKING AND BEYOND |
117 Columbia Law Review 1933 (November, 2017) |
The newest federal education law, the Every Student Succeeds Act of 2015 (ESSA), reflects a recent turn toward basing social policy on research evidence. Proponents suggest that evidence-based policymaking in education and other social policy areas can help cut through ideological debate and provide meaningful limits on the choices made by the... |
2017 |
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| Brian Glick |
TWO, THREE, MANY ROSAS! REBELLIOUS LAWYERS AND PROGRESSIVE ACTIVIST ORGANIZATIONS |
23 Clinical Law Review 611 (Spring, 2017) |
The cast of prototypic rebellious lawyers promoted by Gerald López is incomplete. It leaves out a very important mode of lawyering: that of working for a progressive activist organization. To fill that gap, this essay introduces Rosa, a lawyer on the staff of an organization of low-wage workers fighting for basic change. The essay argues that... |
2017 |
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| Jeffrey Fagan , Daniel Richman |
UNDERSTANDING RECENT SPIKES AND LONGER TRENDS IN AMERICAN MURDERS |
117 Columbia Law Review 1235 (June, 2017) |
Introduction. 1235 I. Exploring the Tension Between Police and Communities. 1236 A. Factors Producing Tension Between Communities and Police. 1238 B. A Vortex of Forces. 1248 II. Understanding the Trends. 1250 A. The Past Two Years. 1252 B. The Past Half Century. 1261 C. A New Epidemic?. 1267 D. Alternate Explanations for the 2015-2016 Trend. 1270... |
2017 |
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| Darren Lenard Hutchinson |
UNDIGNIFIED: THE SUPREME COURT, RACIAL JUSTICE, AND DIGNITY CLAIMS |
69 Florida Law Review 1 (January, 2017) |
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based... |
2017 |
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UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING |
46 Journal of Law and Education 400 (Summer, 2017) |
Ethan J. Leib and Stephen R. Galoob, Fiduciary political theory: a critique, 125 Yale L.J. 1820-1878 (2016). James G. Mandilk, Note, The modification of decrees in the original jurisdiction of the Supreme Court, 125 Yale L.J. 1880-1938 (2016). Symposium: A Conversation on Title IX, 125 Yale L.J. 1940-2181 (2016). Michelle J. Anderson, Campus sexual... |
2017 |
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| John Inazu |
UNLAWFUL ASSEMBLY AS SOCIAL CONTROL |
64 UCLA Law Review 2 (January, 2017) |
Public protests from Occupy to Ferguson have highlighted anew the offense of unlawful assembly. This Article advances the simple but important thesis that contemporary understandings of unlawful assembly cede too much discretion to law enforcement by neglecting earlier statutory and common law elements that once constrained liability. Current laws... |
2017 |
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| Hannah Walker |
UNSPOKEN IMMUNITY AND REIMAGINED JUSTICE: THE POTENTIAL FOR IMPLEMENTING RESTORATIVE JUSTICE AND COMMUNITY JUSTICE MODELS IN POLICE-RELATED SHOOTINGS |
37 Pace Law Review 789 (Spring, 2017) |
On July 6, 2016, Philando Castile was shot to death during a routine traffic stop outside of Falcon Heights, Minnesota. As Officer Jeronimo Yanez approached Castile's vehicle, Castile's girlfriend began to live stream the encounter on her smart phone. The graphic footage that followed demonstrates the brutal reality Castile faced as a black man... |
2017 |
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| Claire Glenn |
UPHOLDING CIVIL RIGHTS IN ENVIRONMENTAL LAW: THE CASE FOR EX ANTE TITLE VI REGULATION AND ENFORCEMENT |
41 New York University Review of Law and Social Change 45 (2017) |
In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement. The old model is a poor fit for today's reality. Nowhere is this truth more... |
2017 |
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| Bidish Sarma |
USING DETERRENCE THEORY TO PROMOTE PROSECUTORIAL ACCOUNTABILITY |
21 Lewis & Clark Law Review 573 (2017) |
Prosecutors--the most powerful actors in the American criminal justice system-- largely avoid accountability for misconduct. To promote fairer processes and results, prosecutors must be held to account for violations of defendants' due process and fair trial rights and the related ethical rules that help protect those rights. An important thread of... |
2017 |
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| Amber Hall |
USING LEGAL ETHICS TO IMPROVE IMPLICIT BIAS IN PROSECUTORIAL DISCRETION |
42 Journal of the Legal Profession 111 (Fall, 2017) |
Racial consideration and evidence of its disparaging effects on prosecutorial discretion were not compelling enough to convince the Supreme Court to place limits on the power of the prosecutor. In McCleskey v. Kemp, petitioner McCleskey, an African-American male, attempted to prove that his capital sentence was unconstitutional due to the risk of... |
2017 |
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| Osamudia R. James |
VALUING IDENTITY |
102 Minnesota Law Review 127 (November, 2017) |
Identity--race, gender, and sexuality--is having a moment, both good and bad. Black Lives Matter, a movement initiated in response to state-sanctioned violence committed against Blacks, is fueled by a demand that the lives of black people in the United States be valued and dignified. Gay, lesbian, and transgender communities have built an advocacy... |
2017 |
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| Erin Sheley |
VICTIM IMPACT STATEMENTS AND EXPRESSIVE PUNISHMENT IN THE AGE OF SOCIAL MEDIA |
52 Wake Forest Law Review 157 (Spring, 2017) |
The facts of the case are now famous. A young woman attends a Stanford party with her younger sister. A few hours later, two Swedish graduate students on bicycles stumble upon freshman swimmer (and Olympic hopeful) Brock Turner, manually penetrating her unconscious body behind a dumpster. He flees; they give chase. She awakes in a hospital room to... |
2017 |
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| Palma Joy Strand |
WE ARE ALL ON THE JOURNEY: TRANSFORMING ANTAGONISTIC SPACES IN LAW SCHOOL CLASSROOMS |
67 Journal of Legal Education 176 (Autumn, 2017) |
This essay begins and ends with Fisher II, the most recent addition to the law on diversity in admissions to institutions of higher education. The body of the essay, however, focuses on diversity in law schools and specifically on transforming the law school classroom, which is too often antagonistic space for traditionally underrepresented... |
2017 |
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| Donald L. Flexner |
WHY THE CIVILIAN PURCHASE, USE, AND SALE OF ASSAULT WEAPONS AND SEMIAUTOMATIC RIFLES AND PISTOLS, ALONG WITH LARGE CAPACITY MAGAZINES, SHOULD BE BANNED |
20 NYU Journal of Legislation and Public Policy 593 (2017) |
In the United States, private citizens can purchase powerful and semiautomatic assault weapons and large capacity magazines. In 1994, Congress passed the Violent Crime Control and Law Enforcement Act, which imposed a ten-year ban on the civilian use of many such weapons. Upon its expiration in 2004, Congress refused to extend the ban despite... |
2017 |
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| Craig B. Futterman, Chaclyn Hunt, Jamie Kalven |
YOUTH/POLICE ENCOUNTERS ON CHICAGO'S SOUTH SIDE: ACKNOWLEDGING THE REALITIES |
51 Georgia Law Review 1079 (Summer, 2017) |
This Article was originally published in the 2016 Volume of the University of Chicago Legal Forum, entitled Policing the Police. The suggested citation to this Article is: Craig Futterman et al., They Have All the Power: Youth/Police Encounters on Chicago's South Side, 2016 U. Chi. Legal F. 125. The Article appears with the permission of the... |
2017 |
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| Gregory S. Parks , Matthew W. Hughey |
"A CHOICE OF WEAPONS": THE X-MEN AND THE METAPHOR FOR APPROACHES TO RACIAL EQUALITY |
92 Indiana Law Journal Supplement 1 (2016) |
We are at a crossroads in American history when we as a nation must decide a path toward racial equality. It is a crossroads that we have come to in the past, primarily in the 1960s and 1970s (i.e., civil rights or black power, peace or violence, etc.). It is a narrative that has been told for decades in the comic book The X-Men. This comic book as... |
2016 |
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| Elise Holtzman |
"I AM CAIT," BUT IT'S NONE OF YOUR BUSINESS: THE PROBLEM OF INVASIVE TRANSGENDER POLICIES AND A FOURTH AMENDMENT SOLUTION |
68 Florida Law Review 1943 (November, 2016) |
Transgender people constitute a distinct minority with unique legal battles. There is a widespread societal misunderstanding of what it means to be transgender that results in treating the transgender community the same as their lesbian, gay, and members of bisexual counterparts. This misunderstanding is even more prevalent in the legal context,... |
2016 |
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| Christina Swarns |
"I CAN'T BREATHE!": A CENTURY OLD CALL FOR JUSTICE |
46 Seton Hall Law Review 1021 (2016) |
I Can't Breathe. 1023 Hands Up, Don't Shoot. 1028 Black Lives Matter. 1030 |
2016 |
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| Rhonda V. Magee |
"IF YOU PLANT CORN, YOU GET CORN": ON MINDFULNESS AND RACIAL JUSTICE IN FLORIDA AND BEYOND |
90-APR Florida Bar Journal 36 (April, 2016) |
Before Sandra Bland's questionable stop while on her way to start a new job at her alma mater and mysterious death in police custody in Mississippi; before Eric Garner's killing for selling loosees (single cigarettes) in front of a corner store on Long Island; and before Michael Brown's killing and horrifyingly public on-street display in... |
2016 |
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| Rebecca Sharpless |
"IMMIGRANTS ARE NOT CRIMINALS": RESPECTABILITY, IMMIGRATION REFORM, AND HYPERINCARCERATION |
53 Houston Law Review 691 (Winter 2016) |
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... |
2016 |
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| André Douglas Pond Cummings |
"LORD FORGIVE ME, BUT HE TRIED TO KILL ME": PROPOSING SOLUTIONS TO THE UNITED STATES' MOST VEXING RACIAL CHALLENGES |
23 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police... |
2016 |
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| Lindsay Pérez Huber |
"MAKE AMERICA GREAT AGAIN!": DONALD TRUMP, RACIST NATIVISM AND THE VIRULENT ADHERENCE TO WHITE SUPREMACY AMID U.S. DEMOGRAPHIC CHANGE |
10 Charleston Law Review 215 (Fall, 2016) |
I. INTRODUCTION. 215 II. THEORETICAL FRAMEWORK. 217 III. MAKE AMERICA GREAT AGAIN!. 222 IV. VOTE FOR WHITE SUPREMACY!. 229 V. SHIFTING U.S. DEMOGRAPHICS (AND RESPONSES). 232 VI. CONCLUSION. 239 VII. EPILOGUE: MAKE AMERICA SAFE AGAIN. 244 |
2016 |
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| Mae C. Quinn |
"POST-FERGUSON" SOCIAL ENGINEERING: PROBLEM-SOLVING JUSTICE OR JUST POSTURING |
59 Howard Law Journal 739 (Spring 2016) |
INTRODUCTION. 739 I. INTERROGATING NEW CHANGE AGENTS, CORRECTIVE AGENCIES, AND THEIR AGENDAS. 742 II. PROBING PROFFERED THEORIES: RESTORATIVE, PROCEDURAL AND THERAPEUTIC JUSTICE. 753 III. CRITICALLY CONSIDERING PROBLEM-SOLVING COURTS AS THE SOLUTION. 758 CONCLUSION. 764 |
2016 |
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| Nnennaya Amuchie |
"THE FORGOTTEN VICTIMS" HOW RACIALIZED GENDER STEREOTYPES LEAD TO POLICE VIOLENCE AGAINST BLACK WOMEN AND GIRLS: INCORPORATING AN ANALYSIS OF POLICE VIOLENCE INTO FEMINIST JURISPRUDENCE AND COMMUNITY ACTIVISM |
14 Seattle Journal for Social Justice 617 (Spring, 2016) |
For all the Black girls and women who never had a chance to live in a world free from violence. --Nnennaya Amuchie Last year, thousands of young people gathered around the world in solidarity with Ferguson, Missouri, after police officers killed Michael Brown, an unarmed 18-year-old Black teenager. Following Michael Brown's death, police officers... |
2016 |
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| Bryan Adamson |
"THUGS," "CROOKS," AND "REBELLIOUS NEGROES": RACIST AND RACIALIZED MEDIA COVERAGE OF MICHAEL BROWN AND THE FERGUSON DEMONSTRATIONS |
32 Harvard Journal on Racial & Ethnic Justice 189 (Spring, 2016) |
At approximately 1:30 p.m. CST on August 9, 2014, when the news broke of a shooting in Ferguson, Missouri, one disturbing picture was the first still image most of us saw. A Black male body is lying face down on the street. The picture is foregrounded by the familiar yellow POLICE LINE DO NOT CROSS barrier tape. One need not cross to see what is... |
2016 |
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| Stephanie Francis Ward |
#ATTENTION |
102-DEC ABA Journal 28 (December, 2016) |
FEW PEOPLE OUTSIDE OF ACADEMIA are familiar with intersectionality. But many understand--and embrace--the hashtag #blackgirlsmatter, which is a more descriptive way to point out that some people who experience oppression have multiple social categorizations and frequently are forgotten in social justice movements. The African American Policy Forum,... |
2016 |
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| Kiran Sidhu |
A CALL FOR MINORITY INVOLVEMENT IN CYBERSECURITY LEGISLATION REFORM AND CIVIL RIGHTS PROTESTS: LESSONS FROM THE ANTI-SOPA/DEMONSTRATIONS |
38 Hastings Communications and Entertainment Law Journal (COMM/ENT) 117 (Winter 2016) |
I. Introduction: Remembering Bloody Sunday and COINTELPRO Surveillance and Its Connection to the Black Lives Matter Movement. 118 II. An Overview of CISPA: Surveillance in the Name of Cybersecurity With Technology Company Assistance. 122 A. Examples of Increased Surveillance During Black Lives Matter Protests. 126 III. We Should Not Rely on... |
2016 |
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| Eleanor G. Jolley , Tim Donahue, Sr. |
A CURSORY OVERVIEW TO SECTION 1983 AS IT APPLIES TO VIOLATIONS OF THE FOURTH AND EIGHTH AMENDMENTS |
39 American Journal of Trial Advocacy 517 (Spring, 2016) |
This Article addresses the essential components of a civil claim brought under the guise of Section 1983 and focuses on the procedural aspects involved in both, filing and defending a Section 1983 claim. This Article serves as a basis and foundation for in-depth and thorough review of the pertinent legal issues involved in Section 1983 litigation.... |
2016 |
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