| Author | Title | Citation | Summary | Year | Key Terms |
| Penney P. Azizi |
THE REPRODUCIBILITY OF EVOLVING SOCIAL SCIENCE EVIDENCE AND HOW IT SHAPES EQUAL PROTECTION JURISPRUDENCE |
44 Hastings Constitutional Law Quarterly 433 (Summer, 2017) |
In Korematsu v. United States, the United States Supreme Court held that strict scrutiny would apply to cases regarding statutes that create classifications based on race. This means that the burden of proof is on the government to show that the challenged statute, law, or classification is narrowly tailored to serve a compelling state interest.... |
2017 |
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| Stephen B. Bright |
THE RICHARD J. CHILDRESS MEMORIAL LECTURE 2016 KEYNOTE: THE CONTINUING DENIAL OF COUNSEL AND ASSEMBLY-LINE PROCESSING OF POOR PEOPLE ACCUSED OF CRIMES |
61 Saint Louis University Law Journal 605 (Summer, 2017) |
My address today concerns the problem of poverty in our court system. There are many poor people with urgent, unmet legal needs who lack access to the courts and have no ability to even confer with a lawyer about their legal problems. I am going to discuss people in the criminal courts, but it is important to mention the people with civil legal... |
2017 |
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| Michael M. Oswalt |
THE RIGHT TO IMPROVISE IN LOW-WAGE WORK |
38 Cardozo Law Review 959 (February, 2017) |
The resurgence of strikes in the non-union fast food and retail sectors has created unprecedented momentum for increases in state, local, and company-specific minimum wages. The once fantastical demand for a $15 an hour wage floor has been legislated into life in two states, four major cities, and counting. Early work, drawing from organizational... |
2017 |
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| Deborah L. Brake |
THE SHIFTING SANDS OF EMPLOYMENT DISCRIMINATION: FROM UNJUSTIFIED IMPACT TO DISPARATE TREATMENT IN PREGNANCY AND PAY |
105 Georgetown Law Journal 559 (March, 2017) |
C1-3Table of Contents L1-2Introduction . L3560 I. A Brief Overview of Employment Discrimination Law: The Tyranny of the Proof Frameworks and the Judiciary's Narrow View of Discriminatory Intent. 563 A. TRACING THE IMPACT AND TREATMENT DIVIDE AND THEIR SEPARATE PROOF FRAMEWORKS. 564 B. THE MEANING OF DISCRIMINATORY INTENT: WHAT COURTS HAVE IN MIND.... |
2017 |
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| Steven W. Bender |
THE TEACHINGS OF POPE FRANCIS SYMPOSIUM: TOWARD A COMMON GOOD FOR OUR COMMON HOME |
40 Seattle University Law Review 1167 (Summer, 2017) |
C1-2Contents Introduction 1168 I. Making Our Common Home Great Again 1169 II. The Moral Voice of Pope Francis as a Catalyst for Cultural Change 1172 III. The Church as a Catalyst for Legal Change Toward Social Justice 1174 A. Leadership from the Top, Looking to the Bottom, and Connected to Other Voices 1174 B. Local Church Officials Must Supply... |
2017 |
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| Michael Diamond |
THE TRANSPOSITION OF POWER: LAW, LAWYERS, AND SOCIAL MOVEMENTS |
24 Georgetown Journal on Poverty Law and Policy 319 (Spring, 2017) |
Various groups of people have been the victims of oppression throughout time and across national borders and cultures. Many forms of oppression continue to exist all over the world today, including in the United States. I have been particularly concerned with oppression on the basis of race. The responses to oppression have taken many forms,... |
2017 |
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| Professor Steven H. Hobbs |
THE TRIBES OF MAYCOMB COUNTY: THE CONTINUING QUEST TO TRANSCEND OUR DIFFERENCES |
47 Cumberland Law Review 61 (2016-2017) |
We are a tribal people, we Americans, in spite of our national motto: E pluribus unum. We are subdivided by race, class, culture, religion, education, physical and mental health, and so much more. While multiculturalism is said to be enriching and empowering to our communal life, our celebration of diversity seldom permits us to totally look beyond... |
2017 |
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| Michelle S. Jacobs |
THE VIOLENT STATE: BLACK WOMEN'S INVISIBLE STRUGGLE AGAINST POLICE VIOLENCE |
24 William and Mary Journal of Women and the Law 39 (Fall, 2017) |
Introduction I. The Historical View A. Stereotypes About Black Women 1. Black Women as Governed by Libido and Loose Morals 2. Black Women as Liars 3. Black Women as Man-Like and Aggressive II. Black Women Are Murdered and Assaulted by the Police A. Invisible Homicides Committed by the Police 1. Black Women with Mental Health Issues Are... |
2017 |
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| Scott L. Cummings |
THEMATIC OVERVIEW: COMMUNITY DEVELOPMENT LAW AND ECONOMIC JUSTICE--WHY LAW MATTERS |
26 Journal of Affordable Housing & Community Development Law 35 (2017) |
Thank you for the privilege of reading and commenting on these fascinating papers on community economic development (CED). I personally came away from them thinking that CED law is now less a body of activity or doctrine that can be empirically defined or normatively derived, and more a set of basic questions about the content and control of local... |
2017 |
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| Lundy Braun |
THEORIZING RACE AND RACISM: PRELIMINARY REFLECTIONS ON THE MEDICAL CURRICULUM |
43 American Journal of Law & Medicine 239 (2017) |
The current political economic crisis in the United States places in sharp relief the tensions and contradictions of racial capitalism as it manifests materially in health care and in knowledge-producing practices. Despite nearly two decades of investment in research on racial inequality in disease, inequality persists. While the reasons for... |
2017 |
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| Dr. Franciska A. Coleman |
THEY SHOULD BE FIRED: THE SOCIAL REGULATION OF FREE SPEECH IN THE U.S. |
16 First Amendment Law Review 1 (Fall, 2017) |
The debate over First Amendment jurisprudence often assumes that the First Amendment reflects a choice of non-regulation over regulation. This article suggests, however, that it is more accurate to describe the First Amendment as reflecting a choice of social regulation over legal regulation. Social regulation of speech has generally been lauded... |
2017 |
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| Rob Kahn |
THREE FIRST AMENDMENT PUZZLES RAISED BY THE POLICE UNION RESPONSE TO SPEECH CRITICIZING POLICE CONDUCT IN FERGUSON AND NEW YORK CITY |
8 Alabama Civil Rights & Civil Liberties Law Review 163 (2017) |
I. Introduction: Police Unions, Protests Against Police Shootings and Freedom of Speech. 164 A. Football Players, a Big City Mayor, and a Police Union Crackdown. 166 B. American First Amendment Values and Bollinger's Tolerant Society Model. 171 C. Three Puzzles Raised by the Police Union Response. 174 II. Should Police Unions Ever Take Part in... |
2017 |
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| Ronen Avraham , Kimberly Yuracko |
TORTS AND DISCRIMINATION |
78 Ohio State Law Journal 661 (2017) |
Current tort law contains incentives to target individuals and communities based on race and gender. Surprisingly, the basis for such targeting is the seemingly neutral use of three different race- and gender-based statistical tables (for wages, life expectancy, and worklife expectancy) which, when used in tort damage calculations, result in a... |
2017 |
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| Justin D. Cummins , Beth Belle Isle |
TOWARD SYSTEMIC EQUALITY: REINVIGORATING A PROGRESSIVE APPLICATION OF THE DISPARATE IMPACT DOCTRINE |
43 Mitchell Hamline Law Review 102 (2017) |
I. Introduction. 103 II. The Expansion of Civil Rights Enforcement Through the Adoption of the Disparate Impact Doctrine (1960s-1970s). 104 A. The Enactment of Title VII of the Civil Rights Act of 1964. 104 B. The Affirmation of the Disparate Impact Doctrine Under Title VII: Griggs v. Duke Power Co.. 107 C. A Progressive Application of the... |
2017 |
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| MaKenna Rogers , Brittany Wages |
TRADEMARKING SOCIAL MOVEMENTS MATTER |
17 Wake Forest Journal of Business and Intellectual Property Law 372 (Spring, 2017) |
I. Introduction. 373 A. Past Attempts Foreshadow Today's Problems. 375 B. Movements' Relation to Trademark Law. 379 II. ACQUISITION OF RIGHTS PERSPECTIVE. 380 A. Rules Regarding Collective Groups. 381 1. Native American Tribes. 382 2. Franchisor and Franchisee Relationships. 383 3. Church Organizations. 385 4. Greek Life. 387 B. Suggested... |
2017 |
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| Deborah R. Gerhardt |
TRADEMARKS AS ENTREPRENEURIAL CHANGE AGENTS FOR LEGAL REFORM |
95 North Carolina Law Review 1519 (June, 2017) |
L1-2Introduction . L31519 I. Both Governments and Brands Create Communities Around Core Values. 1524 II. Navigating The Choice To Link A Trademark With politics. 1531 A. Risks Inherent to Political Engagement. 1532 B. Political Hijacking. 1535 III. Affirming brand Values Through Political and Cultural Engagement. 1541 A. Cultural Leadership. 1542... |
2017 |
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| Marco Conner |
TRAFFIC JUSTICE: ACHIEVING EFFECTIVE AND EQUITABLE TRAFFIC ENFORCEMENT IN THE AGE OF VISION ZERO |
44 Fordham Urban Law Journal 969 (August, 2017) |
No goal is more ambitious than zero [traffic fatalities], but at the same time no other goal is acceptable. --New York City Mayor Bill de Blasio C1-2Table of Contents Introduction. 970 I. The U.S. Pandemic of Traffic Violence. 973 II. Vision Zero: A New Approach to Address the Pandemic. 975 A. What Is Vision Zero?. 976 B. Equity in Vision Zero.... |
2017 |
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| 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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