| Author | Title | Citation | Summary | Year | Relevancy |
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CHAPTER 27 • GOVERNMENT AND PRIVATE SECTOR INNOVATION |
2016 ABA Environment, Energy, and Resources Law: The Year in Review 353 (2016) |
The United States power grid connects energy producers and consumers throughout the nation. The grid is comprised of three large interconnected systems: the Eastern Connection, the Western Connection, and the Rocky Mountain Section. Today, the grid must meet mandatory reliability standards developed and enforced by the North American Reliability... |
2016 |
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| Wendy A. Bach, Lucy Jewel |
CLASSCRITS VIII: NEW SPACES FOR COLLABORATION AND CONTEMPLATION |
45 Southwestern Law Review 779 (2016) |
Emerging Coalitions: Challenging the Structures of Inequality was the title of the eighth ClassCrits conference which took place on October 23-24, 2015, at the University of Tennessee College of Law. The Southwestern Law Review and the Tennessee Journal of Race, Gender, and Social Justice have graciously agreed to publish selected papers... |
2016 |
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| Eduardo R.C. Capulong |
CLIENT AS SUBJECT: HUMANIZING THE LEGAL CURRICULUM |
23 Clinical Law Review 37 (Fall, 2016) |
Clients are notoriously absent in the legal curriculum. And even in clinical instruction, we undertake, at best, an eclectic study of the client as subject. In this essay, the author examines the treatment of clients, in particular subordinated clients, in legal study and proposes organizing disparate strands of practice and scholarship into a... |
2016 |
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| Maxine Burkett |
CLIMATE DISOBEDIENCE |
27 Duke Environmental Law and Policy Forum 1 (Fall, 2016) |
In sharp contrast to the flurry of legal and policy-oriented efforts of years past, climate activists today employ protest and nonviolent civil disobedience to advance their agenda for rapid and ambitious mitigation and adaptation. In so doing, activists make explicit references to the storied past of defining social movements in American... |
2016 |
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| Jonathan M. Smith |
CLOSING THE GAP BETWEEN WHAT IS LAWFUL AND WHAT IS RIGHT IN POLICE USE OF FORCE JURISPRUDENCE BY MAKING POLICE DEPARTMENTS MORE DEMOCRATIC INSTITUTIONS |
21 Michigan Journal of Race and Law 315 (Spring 2016) |
No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. --Union Pacific Railroad Co. v. Botsford I can't breathe. --Eric Garner... |
2016 |
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| Charles R. Epp |
COMMENTARY ON CARROLL SERON'S PRESIDENTIAL ADDRESS: TAKING POLICY SERIOUSLY |
50 Law and Society Review 40 (March, 2016) |
The law and society movement has abandoned most of its problem-solving emphasis. What it has is, first of all, a hunger to describe and explain, more or less divorced from problem-solving in its crudest sense. Lawrence Friedman, The Law and Society Movement, 1986 Your emphasis on the theoretical, nonpractical orientation of law-and-society... |
2016 |
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| Nancy D. Polikoff |
CONCORD WITH WHICH OTHER FAMILIES?: MARRIAGE EQUALITY, FAMILY DEMOGRAPHICS, AND RACE |
164 University of Pennsylvania Law Review Online 99 (2016) |
Lesbian and gay parents figured prominently in two decades of litigation concerning marriage equality, and Obergefell v. Hodges was no exception. Although only 16-18% of same-sex couples are raising children, about 69% of the plaintiff couples in the combined cases that made up Obergefell were parents. This disproportionate number was the... |
2016 |
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| Kate Andrias |
CONFRONTING POWER IN PUBLIC LAW |
130 Harvard Law Review Forum 1 (November, 2016) |
In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as the ability to effect substantive policy outcomes by influencing what the government will or will not do. As Levinson details, structural constitutional law has... |
2016 |
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| Allegra M. McLeod |
CONFRONTING THE CARCERAL STATE |
104 Georgetown Law Journal 1405 (August, 2016) |
In August 2014, Michael Brown, an unarmed African-American teenager, was killed by a white police officer. The young man's body lay for hours at mid-day on a residential street, with multiple gun shot wounds to his head, chest, and arm. In the months that followed, police choked Eric Garner to death on a sidewalk in Staten Island, gunned down Tamir... |
2016 |
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| Bill Ong Hing |
CONTEMPLATING A REBELLIOUS APPROACH TO REPRESENTING UNACCOMPANIED IMMIGRANT CHILDREN IN A DEPORTATION DEFENSE CLINIC |
23 Clinical Law Review 167 (Fall, 2016) |
In response to the surge of unaccompanied immigrant children at the border in the summer of 2014, I expanded my pro bono work with students and started a law school deportation defense clinic. With the hard work of a full-time immigration attorney and a paralegal, the Clinic has attracted three to four students each semester (including summers) who... |
2016 |
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| Josephine Ross |
COPS ON TRIAL: DID FOURTH AMENDMENT CASE LAW HELP GEORGE ZIMMERMAN'S CLAIM OF SELF-DEFENSE? |
40 Seattle University Law Review 1 (Fall, 2016) |
C1-2Contents Introduction: Police Privilege. 1 I. Supreme Court Case Law that Characterizes Police Aggression as Benign. 8 A. Chasing Civilians and Other Nonaggressive Behaviors. 9 B. Supreme Court Tolerance of Racial Profiling. 15 II. The Invisible Hand of the Supreme Court in George Zimmerman's Murder Trial. 20 A. Evidence Presented to Prove... |
2016 |
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| Jocelyn Simonson |
COPWATCHING |
104 California Law Review 391 (April, 2016) |
This Article explores the phenomenon of organized copwatching--groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police. The Article argues that the practice of copwatching illustrates... |
2016 |
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| Deidré A. Keller |
COPYRIGHT TO THE RESCUE: SHOULD COPYRIGHT PROTECT PRIVACY? |
20 UCLA Journal of Law & Technology 1 (Spring, 2016) |
L1-2Table of Contents I. Introduction. 1 II. Recent Privacy Cases Brought Under the Guise of Copyright Claims. 3 III. Privacy Law, In Brief. 7 A. General Principles. 7 i. Privacy is Personal. 8 ii. The Privacy Tort and the Constitutional Right to Privacy are Distinct. 8 B. Constitutional Protections. 8 i. Decisional Privacy. 9 ii. Reasonable... |
2016 |
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| Deborah M. Weissman |
COUNTERING NEOLIBERALISM AND ALIGNING SOLIDARITIES: RETHINKING DOMESTIC VIOLENCE ADVOCACY |
45 Southwestern Law Review 915 (2016) |
This article seeks to situate domestic violence in a larger analytical frame of the political economic, to extend institutional responsibility for violence beyond the criminal justice system, and to form common bonds with other social justice initiatives. It argues that improved remedies for domestic violence victims lie within the reform of the... |
2016 |
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| Lua Kamál Yuille |
CREATING A BABEL FISH FOR RIGHTS & RELIGION: DEFINING 'RIGHTS' THROUGH SACRED TEXTS |
25 Transnational Law & Contemporary Problems 309 (Summer 2016) |
Is there a way to reconcile the seemingly competing claims of human rights and religious faith? Or must religion modify itself to comply with and support secular universal human rights regimes? Using the scripture of the Bahá'í Faith as a case study, this Article takes up these questions to define the religious conception of rights. It argues that... |
2016 |
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| Michael A. McCall , Madhavi M. McCall , Christopher E. Smith |
CRIMINAL JUSTICE AND THE 2014-2015 UNITED STATES SUPREME COURT TERM |
61 South Dakota Law Review 242 (2016) |
For many, the 2014-2015 Term of the United States Supreme Court will be all but synonymous with the Court's holding in Obergefell v. Hodges for years to come. With that landmark decision, the Court extended constitutional protections to an untold number of same-sex couples, renewed debate regarding states' rights in our system of federalism,... |
2016 |
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| Deborah Tuerkheimer |
CRIMINAL JUSTICE FOR ALL |
66 Journal of Legal Education 24 (Autumn, 2016) |
This is a critical juncture for criminal law scholarship. It is not hyperbolic to assert that our criminal justice system is very much in crisis. Just as important, this crisis is widely acknowledged outside of the legal academy--so much so that, notwithstanding meaningful variation in how the problem is diagnosed, we see almost universal agreement... |
2016 |
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| Barry H. Dyller |
CRIPPLING THE KLAN THE LYNCHING: THE EPIC COURTROOM BATTLE THAT BROUGHT DOWN THE KLAN LAURENCE LEAMER HARPER COLLINS WWW.HARPERCOLLINS.COM 384 PP., $27.99 |
52-NOV Trial 58 (November, 2016) |
The Lynching, by Laurence Learner, is compelling for both lawyers and nonlawyers. Although the book is based on historical events, it reads like a novel. The book revolves around the lynching of Michael Donald in Alabama by the Ku Klux Klan (KKK) in 1981 and the legal battle that followed. But the book is about much more. Learner also tells the... |
2016 |
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| Richard Delgado , Jean Stefancic |
CRITICAL PERSPECTIVES ON POLICE, POLICING, AND MASS INCARCERATION |
104 Georgetown Law Journal 1531 (August, 2016) |
C1-2Table of Contents Introduction. 1532 I. The New Jim Crow on Police and Policing. 1535 II. Imprisoned in a Black-White Paradigm of Race: Recent Scholarship That Fails to Take Account of a Police State. 1536 a. many jim crows: considering the experience of nonblack minority groups. 1537 b. responding to oppression: noticing alignments, crafting... |
2016 |
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| Kim E. Clark |
CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS |
45 Southwestern Law Review 795 (2016) |
I suggest that through Critical Race Theory (CRT), race can or should become the preamble to all the social justice work we do. This can be achieved by engaging in what I call oppositional cultural practice (the process of inward and outward criticism and critique that brings about a spiritual transformation that then provides space to create and... |
2016 |
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| R. Mark Frey |
CRITICAL RACE THEORY: THE CUTTING EDGE (THIRD EDITION) EDITED BY RICHARD DELGADO AND JEAN STEFANCIC TEMPLE UNIVERSITY PRESS, PHILADELPHIA, PA, 2013. 839 PAGES, $99.50 (CLOTH), $55.95 (PAPER) |
63-APR Federal Lawyer 79 (April, 2016) |
On July 4, 1992, in Philadelphia, former Supreme Court Justice Thurgood Marshall received the Liberty Medal from the National Constitution Center, and, during his acceptance speech, he voiced frustration with our nation's failure to come to grips with race and racism: I wish I could say that racism and prejudice were only distant memories. I wish I... |
2016 |
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| Sameer M. Ashar |
DEEP CRITIQUE AND DEMOCRATIC LAWYERING IN CLINICAL PRACTICE |
104 California Law Review 201 (February, 2016) |
The crisis in legal education has been defined and accentuated by urgent and existential critiques. This body of complaint and suggestion--in the form of books, foundation reports, law review articles, major media entries, and blog posts--has two gaping holes that this Essay seeks to fill. First, the critiques fail to attend to the diminishing of... |
2016 |
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| Sanford Levinson , Jack M. Balkin |
DEMOCRACY AND DYSFUNCTION: AN EXCHANGE |
50 Indiana Law Review 281 (2016) |
September 29, 2015 Dear Jack, It is obviously no longer controversial that the American political system, especially at the national level, is seriously dysfunctional. Consider, for example, what are nearly the opening words--after noting that the United States Capitol is currently enfolded by scaffolding for repair of the physical building--of the... |
2016 |
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| John Shattuck |
DEMOCRACY AND ITS DISCONTENTS |
40-SUM Fletcher Forum of World Affairs 173 (Summer, 2016) |
What's happening to democracy in Eastern Europe? A new authoritarianism, illiberal governance, has taken over in Hungary and Poland. It's been boosted by the Paris and Brussels attacks and the fear of terrorism. Hungary and Poland are not isolated cases. A trend away from democratic pluralism is also sweeping through Western Europe. Where will it... |
2016 |
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| Allison E. Korn |
DETOXING THE CHILD WELFARE SYSTEM |
23 Virginia Journal of Social Policy and the Law 293 (Fall, 2016) |
Introduction. 296 I. America's War on Drugs & the Drug Policy Reform Movement. 300 A. Criminal Laws & Policies Resulting from the War on Drugs. 300 B. The Drug Policy Reform Movement's Impact on Criminal Drug Laws & Policies. 303 1. State Reforms. 304 2. Federal Reforms. 305 C Child Welfare Drug Laws & Policies Resulting from the War on Drugs. 308... |
2016 |
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| Bruce A. Green , Samuel J. Levine |
DISCIPLINARY REGULATION OF PROSECUTORS AS A REMEDY FOR ABUSES OF PROSECUTORIAL DISCRETION: A DESCRIPTIVE AND NORMATIVE ANALYSIS |
14 Ohio State Journal of Criminal Law 143 (Fall, 2016) |
Although courts have traditionally relied primarily on prosecutors' individual self-restraint and institutional self-regulation to curb prosecutors' excesses and redress their wrongdoing, aspects of prosecutors' conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers,... |
2016 |
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| Kevin R. Johnson |
DOUBLING DOWN ON RACIAL DISCRIMINATION: THE RACIALLY DISPARATE IMPACTS OF CRIME-BASED REMOVALS |
66 Case Western Reserve Law Review 993 (Summer, 2016) |
C1-2Contents Introduction. 994 I. Racial Profiling and Contemporary Developments in Crime-Based Removals. 1002 A. The Supreme Court's Authorization of Racial Profiling in Law Enforcement. 1004 1. Whren v. United States. 1005 2. United States v. Brignoni-Ponce. 1007 B. Increased State and Local Involvement in Immigration Enforcement. 1010 1. Section... |
2016 |
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| Nisha Parekh, Daniel Sturm, 2015-2016 Co-Editors-in-Chief, National Black Law Journal |
EDITORS' NOTE |
25 National Black Law Journal vii (2016) |
It is our duty to fight for our freedom. It is our duty to win. We must love and protect one another. We have nothing to lose but our chains. --Assata Shakur On June 7, 2016, Black Lives Matter-Los Angeles held a peace gathering in front of the City of Pasadena's courthouse attended by hundreds of people. That morning, Los Angeles Superior Court... |
2016 |
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| Mario L. Barnes |
EMPIRICAL METHODS AND CRITICAL RACE THEORY: A DISCOURSE ON POSSIBILITIES FOR A HYBRID METHODOLOGY |
2016 Wisconsin Law Review 443 (2016) |
Introduction. 444 I. Origin Stories. 448 II. Considering What It Means To Do e-CRT. 454 A. e-CRT and Collaborative Form as Method. 455 1. Solo Cross-Disciplinarians. 456 2. Fruitful Collaborations. 459 3. Theory Engagers. 460 4. Empirical Diviners. 463 B. Giving Space to Initial Formations but with a Watchful Eye. 465 III. Challenges. 468 A.... |
2016 |
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| Rachel Moran |
ENDING THE INTERNAL AFFAIRS FARCE |
64 Buffalo Law Review 837 (August, 2016) |
Trust between law enforcement agencies and the people they protect and serve is essential in a democracy. It is key to the stability of our communities, the integrity of our criminal justice system, and the safe and effective delivery of policing services. I don't trust the police because I can't. On October 20, 2014, Chicago police officer Jason... |
2016 |
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