| Author | Title | Citation | Summary | Year | Key Terms |
| Mary Anne Franks |
THE DESERT OF THE UNREAL: INEQUALITY IN VIRTUAL AND AUGMENTED REALITY |
51 U.C. Davis Law Review 499 (December, 2017) |
The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the real world. But for such technologies to be truly... |
2017 |
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| Lisa Blomgren Amsler |
THE DISPUTE RESOLVER'S ROLE WITHIN A DISPUTE SYSTEM DESIGN: JUSTICE, ACCOUNTABILITY, AND IMPACT |
13 University of Saint Thomas Law Journal 168 (Winter, 2017) |
Issues of justice, accountability, and impact cross arenas in which dispute resolvers engage in Dispute System Design (DSD). This symposium addresses DSD along the policy continuum, from making policy upstream, to implementing it midstream, to the quasi-judicial or judicial enforcement of policy downstream. The many leading scholars and... |
2017 |
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| Julia M. MacAllister |
THE DOXING DILEMMA: SEEKING A REMEDY FOR THE MALICIOUS PUBLICATION OF PERSONAL INFORMATION |
85 Fordham Law Review 2451 (April, 2017) |
In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing--the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical... |
2017 |
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| Rebecca Roiphe |
THE DUTY TO CHARGE IN POLICE USE OF EXCESSIVE FORCE CASES |
65 Cleveland State Law Review 503 (2017) |
Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging--the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal... |
2017 |
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| Timothy Zick |
THE DYNAMIC RELATIONSHIP BETWEEN FREEDOM OF SPEECH AND EQUALITY |
12 Duke Journal of Constitutional Law & Public Policy 13 (Spring, 2017) |
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has... |
2017 |
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| John Kincaid |
THE ECLIPSE OF DUAL FEDERALISM BY ONE-WAY COOPERATIVE FEDERALISM |
49 Arizona State Law Journal 1061 (Fall, 2017) |
Numerous and powerful political forces have vested interests in the contemporary idea of cooperative federalism, which prioritizes an obligation of states to cooperate with federal policy initiatives in a system that is essentially prefectorial administration. These forces make impossible any construction or reconstruction of dual federalism... |
2017 |
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| Madeleine Sharp |
THE EROSION OF CIVIL RIGHTS REMEDIES: HOW ASHCROFT v. AL-KIDD ALTERED QUALIFIED IMMUNITY |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The United States justice system was designed to ensure that there is equal access under the law. Such a system is truly legitimate only if the government can be held accountable in court. In that vein, the Bivens cause of action was created to protect the people and to contain government overreach by allowing the public to sue under the... |
2017 |
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| Renee C. Hatcher |
THE EVERYDAY ECONOMIC VIOLENCE OF BLACK LIFE |
25 Journal of Affordable Housing & Community Development Law 275 (2017) |
Ferguson's Fault Lines: The Race Quake That Rocked a Nation Kimberly Jade Norwood, Editor American Bar Association 276 pages, $24.95 There are two Fergusons. There are two Americas. We cannot change this reality unless we first acknowledge it. --Kimberly Jade Norwood The truth about the racism and brutality of the police has broken through the veil... |
2017 |
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| Beau C. Tremitiere |
THE FALLACY OF A COLORBLIND CONSENT SEARCH DOCTRINE |
112 Northwestern University Law Review 527 (2017) |
Abstract--Most searches conducted by police officers are consensual and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion--that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the... |
2017 |
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| Diane M. Zhang |
THE FIGHT FOR A BETTER AMERICA |
53-OCT Trial 26 (October, 2017) |
Attorney Benjamin Crump was nine years old when he attended a new, integrated school in Lumberton, N.C. It was there that he first noticed the inequality between his community and the white community in the area--and vowed to do something about it. Today, Crump is a civil rights attorney who has represented the families of Trayvon Martin, Michael... |
2017 |
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| Kermit V. Lipez |
THE FIRST AMENDMENT AND THE POLICE IN THE DIGITAL AGE |
69 Maine Law Review 215 (2017) |
I. Introduction II. Background A. The Boston Common B. Simon Glik C. The Incident III. Glick in Court A. Proceedings Below B. At the First Circuit 1. Qualified Immunity 2. The Constitutional Question 3. Clearly Established Law IV. Reaction to Glick A. Media Response B. Police Response 1. Increased Public Recording Capacity: Cell Phone Cameras 2.... |
2017 |
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| Mary-Rose Papandrea |
THE FREE SPEECH RIGHTS OF UNIVERSITY STUDENTS |
101 Minnesota Law Review 1801 (May, 2017) |
In March 2014, University of Oklahoma President David Boren reacted swiftly when a video surfaced online revealing members of the SAE fraternity singing a racist song on a bus. Two young men leading the singing were immediately expelled. Boren explained in a letter to the students that they had been expelled due to their leadership role in leading... |
2017 |
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| Guido Calabresi |
THE FUTURE OF LAW AND ECONOMICS: COMMENTS AND REFLECTIONS |
16 Jerusalem Review of Legal Studies 167 (December, 2017) |
I am grateful to each of the commentators who have not only pushed the quest further but have also helped me to understand my own book better. Let me begin by explaining what I believe this book is about at its most general level; then, in the light of that, make some brief remarks about each of the papers here presented; and finally mention some... |
2017 |
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| Garry A. Gabison |
THE GRAY PROBLEM: SHOULD ATHLETES BE PUNISHED FOR THEIR SOCIAL MEDIA POSTS? |
13 DePaul Journal of Sports Law 31 (Spring, 2017) |
This article discusses athletes' use of social media and how their parent organizations have dealt with their social media activities. This article argues that sports associations may not need to regulate athletes' use of social media. Athletes have their own private incentives: they want to maximize their financial gains and career opportunities... |
2017 |
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| John D. Bessler |
THE INEQUALITY OF AMERICA'S DEATH PENALTY: A CROSSROADS FOR CAPITAL PUNISHMENT AT THE INTERSECTION OF THE EIGHTH AND FOURTEENTH AMENDMENTS |
73 Washington and Lee Law Review Online 487 (January 2, 2017) |
C1-3Table of Contents I. Introduction. 487 II. The Legacy of Slavery and Discrimination: Race, Gender and Class in Early America. 502 III. From Black Codes to Civil Rights and Constitutional Protection. 515 IV. The Geography of Arbitrariness and Discrimination: The Eighth and Fourteenth Amendment Implications of the Death Penalty's Inequality. 542... |
2017 |
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| Shiri Krebs |
THE LEGALIZATION OF TRUTH IN INTERNATIONAL FACT-FINDING |
18 Chicago Journal of International Law 83 (Summer, 2017) |
Do legal judgments influence people's attitudes and beliefs concerning contested events? This Article builds on studies from three disciplines--law, psychology, and political science--and employs experimental methods to shed light on the impact of legal institutions on their intended audiences. The Article identifies a rising legalization of... |
2017 |
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| Risa E. Kaufman, JoAnn Kamuf Ward |
THE LOCAL TURN IN U.S. HUMAN RIGHTS: INTRODUCTION TO THE SPECIAL SYMPOSIUM ISSUE |
49 Columbia Human Rights Law Review 1 (Fall, 2017) |
Human rights in the United States are at an inflection point, and the orientation is local. In the wake of the 2016 presidential election and renewed threats to human rights and democratic institutions, state and local officials and human rights advocates are working locally to resist harmful federal policies and to fill the gaps in federal civil... |
2017 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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