| Author | Title | Citation | Summary | Year | Relevancy |
| Reginald Leamon Robinson |
A DARK SECRET TOO SCANDALOUS TO CONFRONT: DID THE MOYNIHAN REPORT IMPLY THAT POOR BLACK CAREGIVERS' PARENTING STYLE AND CHILDHOOD CRUELTIES WERE STRONGLY CORRELATED WITH SELF-PERPETUATING PATHOLOGIES? |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 103 (Spring, 2016) |
The resistance to seeing the pain of deprived neglected, or abused children has a long history. All psychopathology constitutes primary or secondary disorders of bonding or attachment and manifests itself as disorders of self- and/or interactional regulation. In 1965 or today, any existential murder of a child, especially in the earliest years of... |
2016 |
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| Lisa P. Ramsey |
A FREE SPEECH RIGHT TO TRADEMARK PROTECTION? |
106 The Trademark Reporter 797 (September-October, 2016) |
Many governments refuse to register and protect as trademarks certain categories of words or symbols that are offensive to members of the public. For example, Section 2(a) of the Lanham Act--the federal trademark law in the United States--bans registration of trademarks which are immoral or scandalous, or which may disparage people, institutions,... |
2016 |
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| Lauren Brauer |
ACADEMIC CONNECTION: LESSONS IN CENSORSHIP: HOW SCHOOLS AND COURTS SUBVERT STUDENTS' FIRST AMENDMENT RIGHTS |
36 Children's Legal Rights Journal 222 (2016) |
It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Justice Fortas wrote these words in Tinker v. Des Moines, a Supreme Court case regarding students' First Amendment Rights. In this seminal case, two students wore black armbands to school in order... |
2016 |
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| Bruce A. Green |
ACCESS TO CRIMINAL JUSTICE: WHERE ARE THE PROSECUTORS? |
3 Texas A&M Law Review 515 (Spring 2016) |
When the organized bar talks about access to justice, it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors'... |
2016 |
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| Burt Neuborne , Bebe Anderson , Peggy Cooper Davis , Richard Blum |
ACHIEVING RESULTS - LESSONS FROM CIVIL RIGHTS MOVEMENTS: TRANSCRIPT |
19 NYU Journal of Legislation and Public Policy 509 (2016) |
This panel contextualized the LGBTQIA movement as one of a number of attempts to use courts, legislatures, organizing, and other means of advocacy to achieve social change. The panel facilitated a conversation among experts on different social-change movements--including those for racial, gender, and economic equality--to examine how these other... |
2016 |
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| Elise C. Boddie |
ADAPTIVE DISCRIMINATION |
94 North Carolina Law Review 1235 (May, 2016) |
This Article critiques the assumption in constitutional law that racial discrimination is siloed, static, and time limited. It argues instead that discrimination is systemic, dynamic, and intergenerational due to its adaptive nature. The Article sets forth a theory of adaptive discrimination--that discrimination adapts to law and to social norms... |
2016 |
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| Benjamin Lowndes , Sharon Press |
ALLY-SHIP AND DISPUTE RESOLUTION PRACTITIONERS: A CONTINUUM |
42 Mitchell Hamline Law Review 1572 (2016) |
I. Introduction: How We Got Here. 1573 A. Sharon Press. 1573 B. Benjamin Lowndes. 1578 C. Together. 1580 II. Ally-Ship. 1581 A. Definitions of Ally-ship. 1581 B. Snapshots of Ally-ship. 1581 1. Abraham Joshua Heschel. 1581 2. Same-Sex Marriage Statutes. 1582 3. Minnesota Advertisement. 1583 III. Conflict Resolution Practitioners as Allies. 1584 A.... |
2016 |
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| Khaled A. Beydoun, Associate Professor of Law at the University of Detroit Mercy School of Law; Affiliated Faculty, University of California, Berkeley Islamophobia Research and Documentation Project |
AMERICA, ISLAM, AND CONSTITUTIONALISM: MUSLIM AMERICAN POVERTY AND THE MOUNTING POLICE STATE |
31 Journal of Law and Religion 279 (November, 2016) |
The Cambridge Companion to American Islam. Edited by Julianne Hammer and Omar Safi. New York: Cambridge University Press, 2013. Pp. 386. $34.99 (paper). ISBN: 9780521175524. On the Muslim Question. By Anne Norton. Princeton: Princeton University Press, 2013. Pp. 288. $28.99 (cloth). ISBN: 978-0691157047. What Is an American Muslim? Embracing Faith... |
2016 |
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| Jessica DuBois , Sharon Press |
AN INTENTIONAL CONVERSATION ABOUT PUBLIC ENGAGEMENT AND DECISION-MAKING: MOVING FROM DYSFUNCTION AND POLARIZATION TO DIALOGUE AND UNDERSTANDING |
42 Mitchell Hamline Law Review 1439 (2016) |
The Dispute Resolution Institute (DRI) was founded in 1991 under the leadership of Bobbi McAdoo and its first symposium, Moving to the Next Level in Transformative Mediation: Practice, Research and Policy, was held in 1999. Over the course of the next sixteen years, DRI developed and refined a particular methodology for its symposia, captured by... |
2016 |
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Around the Nation |
18 Student Discipline Law Bulletin 4 (October 1, 2016) |
The superintendent of the Buckeye Union School District apologized to a student and her mother for prohibiting her from wearing a Black Lives Matter shirt to school. The student, M.H., wore a Black Lives Matter T-shirt to school and was harassed by other students, who told her Black lives dont matter, and that shirt is meaningless. She told... |
2016 |
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Around The Nation |
33 Law Enforcement Employment Bulletin 7 (September 1, 2016) |
The California Board of State and Community Corrections (BSCC) has awarded the Long Beach Police Department $600,000 in funding, which will go toward bolstering relationships between the police and the local community, reported Gazettes recently. For instance, the grant money will be applied toward initiatives focused on building trust and... |
2016 |
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| Patricia J. Williams |
BABIES, BODIES AND BUYERS |
33 Columbia Journal of Gender and Law 11 (2016) |
In the thirty-five years since I began my career in legal education, much about the status of women, gender and sexuality has changed. There are the obvious triumphs: more female students, faculty and deans--as well as more bathrooms for more kinds of people than just men. Life is less lonely now, and conversation more intersectional. There is... |
2016 |
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| Khaled A. Beydoun |
BETWEEN INDIGENCE, ISLAMOPHOBIA, AND ERASURE: POOR AND MUSLIM IN "WAR ON TERROR" AMERICA |
104 California Law Review 1463 (December, 2016) |
Nearly half of the Muslim American population is interlocked between indigence and Islamophobia, or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class,... |
2016 |
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| Lauren M. Ouziel |
BEYOND LAW AND FACT: JURY EVALUATION OF LAW ENFORCEMENT |
92 Notre Dame Law Review 691 (December, 2016) |
Criminal trials today are as much about the adequacy and legitimacy of the defendant's accusers--police and prosecutors--as the alleged deeds of the accused. Yet we lack theory to conceptualize this reality, doctrine to set its parameters, and institutional mechanisms to adapt to it. The traditional framework used by courts and scholars to... |
2016 |
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| Kayleigh E. Butterfield |
BEYOND THE FIRST AMENDMENT: BROADER PROTECTIONS FOR A CITIZEN'S RIGHT TO RECORD |
51 Wake Forest Law Review 1203 (Winter 2016) |
I can't breathe. I can't breathe. I can't breathe. For members of the public paying even the slightest bit of attention to the news over the past few years, those words are immediately recognizable as the last words of forty-three-year-old Eric Garner. In a video released mere days after the actual incident, police officers can be seen talking to... |
2016 |
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| Nancy E. Dowd |
BLACK BOYS MATTER: DEVELOPMENTAL EQUALITY |
45 Hofstra Law Review 47 (Fall, 2016) |
[T]he question of how one should live within a black body, within a country lost in the Dream, is the question of my life .. --Ta-Nehisi Coates The American Dream is one of equality and opportunity; the ability to succeed and be whoever and whatever one wants to be, limited only by one's own drive and talent. But for Black boys, this is not the... |
2016 |
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Black caucus issues call to action |
(July 8, 2016) |
Black Democrats on Capitol Hill are pressing Republicans and the White House to take greater steps to rein in gun violence following a string of high-profile shootings this week, all involving police. |
2016 |
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| R.A. Lenhardt |
BLACK CITIZENSHIP THROUGH MARRIAGE? REFLECTIONS ON THE MOYNIHAN REPORT AT FIFTY |
25 Southern California Interdisciplinary Law Journal 347 (Spring 2016) |
I. Introduction: Black Citizenship Through Marriage? II. Unpacking The Moynihan Report's Account of Marriage and Black Citizenship III. Black Marriage inequality in the Age of Obergefell IV. Why NonmaritaL Black Families Matter V. Conclusion: The Place of Black Families in the New Movement for Civil Rights What are the necessary conditions for full... |
2016 |
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| M Adams , Max Rameau |
BLACK COMMUNITY CONTROL OVER POLICE |
2016 Wisconsin Law Review 515 (2016) |
The Moment: From Uprising to Organizing. 515 I. Principles & Objectives. 518 II. Analysis. 520 A. Root Issue Versus Surface Issue. 520 B. Domestic Colonies: The Police as an Occupying Force. 521 C. Racial Prejudice Is Not the Problem. 524 1. Individual Racist Police. 524 2. End the Occupation and Shift Power. 525 III. The Proposition. 528 A. A... |
2016 |
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| Andrea L. Dennis |
BLACK CONTEMPORARY SOCIAL MOVEMENTS, RESOURCE MOBILIZATION, AND BLACK MUSICAL ACTIVISM |
79 Law and Contemporary Problems 29 (2016) |
In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country's attention. Multiple groups are pressing for change, including... |
2016 |
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| Alexander Bolton |
Black Democrats to Obama: Pick Lynch for Supreme Court |
2016 The Hill 777235 (February 27, 2016) |
Black lawmakers in Congress are urging President Obama to make history by nominating Attorney General Loretta Lynch to the Supreme Court. |
2016 |
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| Mary Crossley |
BLACK HEALTH MATTERS: DISPARITIES, COMMUNITY HEALTH, AND INTEREST CONVERGENCE |
22 Michigan Journal of Race and Law 53 (Fall, 2016) |
Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... |
2016 |
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| Devon W. Carbado |
BLUE-ON-BLACK VIOLENCE: A PROVISIONAL MODEL OF SOME OF THE CAUSES |
104 Georgetown Law Journal 1479 (August, 2016) |
This Article offers a theoretical model that explains the persistence of what I will call blue-on-black violence. Six features comprise the model. First, a variety of social forces converge to make African-Americans vulnerable to ongoing police surveillance and contact. Second, the frequency of this surveillance and contact exposes African... |
2016 |
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| V. Noah Gimbel |
BODY CAMERAS AND CRIMINAL DISCOVERY |
104 Georgetown Law Journal 1581 (August, 2016) |
As police departments nationwide operate under increasing public scrutiny following numerous high-profile instances of excessive and often lethal force against unarmed African-Americans and Latinos, calls for greater accountability have been nearly unanimous in supporting the use of Body-Worn Cameras (BWCs) by police officers. On September 21,... |
2016 |
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| Jonathan Oberman , Kendea Johnson |
BROKEN WINDOWS: RESTORING SOCIAL ORDER OR DAMAGING AND DEPLETING NEW YORK'S POOR COMMUNITIES OF COLOR? |
37 Cardozo Law Review 931 (February, 2016) |
On February 8, 2014, with the temperature below freezing, two New York City Police Department (NYPD) officers performing a routine vertical patrol found Jerome Murdough, a homeless 56-year-old Marine veteran with a diagnosed history of mental illness, sleeping in a stairwell near the roof of an East Harlem housing project. Instead of taking him... |
2016 |
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| Dayne Lee |
BUNDLING "ALT-LABOR": HOW POLICY REFORM CAN FACILITATE POLITICAL ORGANIZATION IN EMERGING WORKER MOVEMENTS |
51 Harvard Civil Rights-Civil Liberties Law Review 509 (Summer, 2016) |
Young voters--particularly low-income, minority, and immigrant workers--have virtually no impact on policymaking. However, young workers could increase their influence through political organization. Labor unions are the most powerful political vehicles available to low- and middle-income citizens because they bundle economic and political... |
2016 |
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| Tracey L. Meares |
BURYING THE LEDE: WHY TEACHING THE DUE PROCESS CASES IS CRITICAL TO INVESTIGATIONS IN CRIMINAL PROCEDURE |
60 Saint Louis University Law Journal 497 (Spring 2016) |
When teaching the basic criminal procedure class on police practices--the course that covers the Fourth, Fifth, and small portions of the Sixth Amendments--the conventional wisdom is that one should address Mapp v. Ohio at or near the beginning of the course. The reason is not particularly mysterious. Mapp held that the exclusionary rule is an... |
2016 |
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| Michael Haber |
CED AFTER #OWS: FROM COMMUNITY ECONOMIC DEVELOPMENT TO ANTI-AUTHORITARIAN COMMUNITY COUNTER-INSTITUTIONS |
43 Fordham Urban Law Journal 295 (March, 2016) |
Introduction. 297 I. CED: From Grassroots Antipoverty Movement to the Non-Profit Industrial Complex. 301 A. A Brief History of CED and CED Law. 303 1. The Birth of Contemporary CED in the 1960s. 303 2. The Emergence of CED Law. 306 3. Transition in the 1970s. 307 4. Market-Based CED in the 1980s and 1990s. 308 5. CED Law in the 1980s and 1990s.... |
2016 |
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| Michael W. Unger |
CHANGE HAPPENS. AND THAT'S GOOD. |
73-APR Bench and Bar of Minnesota 5 (April, 2016) |
I am a lifelong Minnesotan. I have lived in the Twin Cities since infancy. I went to public schools in a large suburban district. Almost everyone in my world looked like me and spoke English--my relatives, my neighbors, my friends, my teachers, the folks who worked in the gas station, stores and restaurants, the political leaders, the police, the... |
2016 |
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| David Thacher |
CHANNELING POLICE DISCRETION: THE HIDDEN POTENTIAL OF FOCUSED DETERRENCE |
2016 University of Chicago Legal Forum 533 (2016) |
The breadth of the criminal law and the unfettered discretion it creates are among the most significant challenges facing American criminal justice today. These twin problems have a particularly corrosive effect on policing, where they lay the foundations for many of the most prominent flashpoints for community anger, including intensive police... |
2016 |
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