| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| Shuvo Robi Sircar |
STUDENTS HELPING STUDENTS: AN ALTERNATIVE TO CURRENT DISCIPLINARY MECHANISMS IN SCHOOLS |
14 Rutgers Journal of Law & Public Policy 347 (Spring, 2017) |
Across the United States, students are being pushed out of schools. In the wake of the shooting at Columbine High School in 1999, the policing of schools has become a rigid practice, fraught with little room for mitigating circumstances. As a result, schools have increasingly relied on suspensions (and lesser extent, expulsions) as disciplinary... |
2017 |
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| Justin D. Levinson, Robert J. Smith |
SYSTEMIC IMPLICIT BIAS |
126 Yale Law Journal Forum 406 (January 31, 2017) |
Legal discourse on implicit bias has changed the way scholars and citizens think about race in the justice system. Ever-growing scholarship, much of it empirical, has identified, confronted, and sought to address how implicit bias operates in nearly every criminal justice context--especially in policing, prosecuting, judging, and juror... |
2017 |
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THE 2016 PRESIDENTIAL ELECTION: THE NEXT FOUR YEARS AND BEYOND |
44 Hastings Constitutional Law Quarterly 255 (Spring, 2017) |
By most accounts, the 2016 presidential election was both strange and the most important in a lifetime. Donald Trump, a billionaire celebrity who had never before held political office, won in shocking fashion. The incoming Trump Administration faces challenges and opportunities, including the economy, foreign relations, health care, immigration,... |
2017 |
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| Michael Z. Green |
THE AUDACITY OF PROTECTING RACIST SPEECH UNDER THE NATIONAL LABOR RELATIONS ACT |
2017 University of Chicago Legal Forum 235 (2017) |
Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union... |
2017 |
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| Seth W. Stoughton |
THE BLURRED BLUE LINE: REFORM IN AN ERA OF PUBLIC & PRIVATE POLICING |
44 American Journal of Criminal Law 117 (Spring, 2017) |
I. Introduction. 117 II. The Evolution of Public and Private Policing. 119 III. The Blurring of the Blue Line. 127 IV. Police Reform & the Blurred Blue Line. 146 V. Conclusion. 154 |
2017 |
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| David Alan Sklansky |
THE CHANGING POLITICAL LANDSCAPE FOR ELECTED PROSECUTORS |
14 Ohio State Journal of Criminal Law 647 (Spring, 2017) |
District attorney races are going off script. For years the only serious question about selecting local prosecutors by popular vote, a practice unique to the United States, was whether it was pernicious or merely a charade. One view was that running for reelection turned prosecutors into politicians, and that politics demanded that prosecutors... |
2017 |
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| R.A. Lenhardt |
THE COLOR OF KINSHIP |
102 Iowa Law Review 2071 (July, 2017) |
ABSTRACT: This Article addresses the need for family law scholarship that better theorizes and grapples with how race informs American life in the 21st Century. Family law scholars have been instrumental in documenting and advocating for recognition of the new kinship--familial relationships and affective ties forged outside of marriage and... |
2017 |
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| Dr. Sami C. Nighaoui, Ph.D. |
THE COLOR OF POST-ETHNICITY: THE CIVIC IDEOLOGY AND THE PERSISTENCE OF ANTI-BLACK RACISM |
20 Journal of Gender, Race and Justice 349 (Spring, 2017) |
I. Introduction. 349 II. The Integrationist Illusion and the Myth of Racial Comity. 351 A. The Psychology of Anti-Black Racism. 354 B. The Culture of Anti-Black Racism. 360 III. African American Identity and U.S. Universalism: Denial and Dissent. 365 A. The African American as Anti-Citizen. 369 B. African Americans and the Civic Ideology:... |
2017 |
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| Deborah M. Weissman |
THE COMMUNITY POLITICS OF DOMESTIC VIOLENCE |
82 Brooklyn Law Review 1479 (Summer, 2017) |
Gender violence has long been identified as a crisis of epidemic proportions that defies facile review. Despite decades of law reform, and notwithstanding increased social services and public health interventions, the rates of gender violence have not appreciably declined. Domestic violence rates have fallen at a significantly lower rate than other... |
2017 |
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| Alice Ristroph |
THE CONSTITUTION OF POLICE VIOLENCE |
64 UCLA Law Review 1182 (August, 2017) |
Police force is again under scrutiny in the United States. Several recent killings of black men by police officers have prompted an array of reform proposals, most of which seem to assume that these recent killings were not (or should not be) authorized and legal. Our constitutional doctrine suggests otherwise. From the 1960s to the present,... |
2017 |
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| Samuel R. Wiseman |
THE CRIMINAL JUSTICE BLACK BOX |
78 Ohio State Law Journal 349 (2017) |
Big data--the collection and statistical analysis of numerous digital data points--has transformed the commercial and policy realms, changing firms' understanding of consumer behavior and improving problems ranging from traffic congestion to drug interactions. In the criminal justice field, police now use data from widely dispersed monitoring... |
2017 |
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| Kevin Barry |
THE DEATH PENALTY & THE DIGNITY CLAUSES |
102 Iowa Law Review 383 (January, 2017) |
The question now to be faced is whether American society has reached a point where abolition is not dependent on a successful grass roots movement in particular jurisdictions, but is demanded by the Eighth Amendment. Justice Thurgood Marshall posed this question in 1972, in his concurring opinion in the landmark case of Furman v. Georgia, which... |
2017 |
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| Kevin Barry , Bharat Malkani |
THE DEATH PENALTY'S DARKSIDE: A RESPONSE TO PHYLLIS GOLDFARB'S MATTERS OF STRATA: RACE, GENDER, AND CLASS STRUCTURES IN CAPITAL CASES |
74 Washington and Lee Law Review Online 184 (September 15, 2017) |
In Matters of Strata: Race, Gender, and Class Structures in Capital Cases, Professor Phyllis Goldfarb examines the ways in which race, class, and gender affect the American criminal justice system generally, and its death penalty system in particular. This Response focuses on one of Goldfarb's observations: The relationship between slavery and the... |
2017 |
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