| Author | Title | Citation | Summary | Year | Relevancy |
| Ruth Gordon |
ESSAYS IN HONOR OF DR. MARTIN LUTHER KING, JR. |
61 Villanova Law Review 537 (2016) |
I must congratulate my colleague, Michelle Dempsey, for her brilliant idea to honor the sixtieth anniversary of the Villanova Law Review through reflections by Villanova Law Faculty on pioneering Law Review articles. It is both an honor for the Law Review and an acknowledgement of the talents of my esteemed colleagues. Still, when asked to be part... |
2016 |
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| Daria Fisher Page |
ETTA & DAN: SEEKING THE PRELUDE TO A TRANSFORMATIVE JOURNEY |
23 Clinical Law Review 251 (Fall, 2016) |
This article focuses on the complex and inspiring relationship depicted by Gerald López in Rebellious Lawyering between Dan, a young lawyer, and his mentor, Etta, a community organizer (lay lawyer). Dan's journal entries show us one model of rebellious lawyering (and living), a quiet rebellion, in which he identifies and includes his feelings,... |
2016 |
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| Miranda Dalpiaz , Nancy Leong |
EXCESSIVE FORCE AND THE MEDIA |
102 Cornell Law Review Online 1 (2016) |
Recent allegations of police officers using excessive force against people of color have received considerable attention in the media. Yet such incidents have largely stalled in the legal system. With a few notable exceptions, neither criminal nor civil proceedings, at either the federal or state level, have provided recourse for those injured by... |
2016 |
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| Lisa Grow Sun , Brigham Daniels |
EXTERNALITY ENTREPRENEURISM |
50 U.C. Davis Law Review 321 (November, 2016) |
The way that economists have taught us to think about externalities--asking us to identify, measure, and internalize them--while useful, has also created a substantial blind spot. According to economic thinking, the law ought to incentivize or force those who create externalities to internalize them. Yet, internalizing externalities is just one way... |
2016 |
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| Aimee Constantineau |
FAIR FOR WHOM? WHY DEBT-COLLECTION LAWSUITS IN ST. LOUIS VIOLATE THE PROCEDURAL DUE PROCESS RIGHTS OF LOW-INCOME COMMUNITIES |
66 American University Law Review 479 (December, 2016) |
Debt collection has burgeoned into a thriving industry over the past decade, and it is estimated to be a $13 billion dollar business today. Yet, most of the 35% of American adults who owe an average debt of $5000 do not even know that a creditor is trying to collect the debt. In St. Louis, Missouri, over 100,000 judgments were handed down in debt... |
2016 |
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| Aracely Rodman |
FILMING THE POLICE: AN INTERFERENCE OR A PUBLIC SERVICE |
48 Saint Mary's Law Journal 145 (2016) |
I. Introduction. 146 II. History of the Law. 149 A. First and Fourth Amendment Issues. 149 B. Circuit Court Cases Addressing the Right to Record Police Officers. 151 C. District Court Cases Addressing the Right to Record Police Officers. 154 III. Determining What Constitutes an Interference and Identifying the Applicable Parameters. 156 A. What... |
2016 |
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| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
10 Charleston Law Review 173 (Fall, 2016) |
INTRODUCTION. 173 I. THE LONG ROAD TOWARD AN ANTISUBORDINATION FUTURE. 175 II. RACIAL CAMPUS UNREST AS A BAROMETER OF SUBORDINATION. 184 III. SURVEY OF SYMPOSIUM CONTRIBUTIONS. 189 IV. CONCLUSION. 193 |
2016 |
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| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
37 Whittier Law Review 335 (Spring, 2016) |
More than twenty years ago, as an untenured law professor, I flew to Puerto Rico to participate in a 1995 colloquium on Latinas/os and critical race theory. Sponsored by the Latino Law Professor section of the Hispanic National Bar Association, the event was part of the HNBA's annual meeting. Seated together in front of me on the plane for the... |
2016 |
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| Ashley M. Eick |
FORGING AHEAD FROM FERGUSON: RE-EVALUATING THE RIGHT TO ASSEMBLE IN THE FACE OF POLICE MILITARIZATION |
24 William & Mary Bill of Rights Journal 1235 (May, 2016) |
Somewhere I read that the greatness of America is the right to protest for right. -Martin Luther King, Jr. Stark images of protesters squaring off against police officers dominated the evening news for several weeks in August 2014. For many around the world, it was almost impossible to reconcile the pictures of police mounted on armored vehicles... |
2016 |
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| Thomas Harvey, Kathleen Heath |
FOR-PROFIT POLICING, MUNICIPAL COURTS, AND HUMAN RIGHTS VIOLATIONS |
42 Human Rights 24 (2016) |
We believe that our problem is one not of violation of civil rights but a violation of human rights. Not only are we denied the right to be a citizen in the United States, we are denied the right to be a human being. --Malcolm X When people took to the streets of Ferguson to protest the killing of Michael Brown and pervasive police violence in... |
2016 |
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| Gregory S. Parks , Marcia Hernandez |
FORTITUDE IN THE FACE OF ADVERSITY: DELTA SIGMA THETA'S HISTORY OF RACIAL UPLIFT |
13 Hastings Race and Poverty Law Journal 273 (Summer, 2016) |
The uninvolved, disengaged citizen has no place in America. --Barbara Jordan, Texas State Senator Political power may not be all that Black women are after. Historically, it has been the humanity, compassion and courage of Black women that has set them apart, gotten them through their most difficult times and made a difference in America. --Melba... |
2016 |
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| Karl S. Coplan |
FOSSIL FUEL ABOLITION: LEGAL AND SOCIAL ISSUES |
41 Columbia Journal of Environmental Law 223 (June, 2016) |
I. Introduction. 225 II. The Scope of the Problem. 227 III. The Case for Fossil Fuel Abolition. 230 A. The Ethical Case: Avoiding Harm. 230 B. The Practical Case: Scientific Necessity. 238 C. The Pragmatic Case: Realpolitik and Simplicity. 240 1. Wicked and Super Wicked Problems. 241 2. Cultural Cognition Challenges for a Law-Based Response to... |
2016 |
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| Joel M. Gora |
FREE SPEECH MATTERS: THE ROBERTS COURT AND THE FIRST AMENDMENT |
25 Journal of Law & Policy 63 (2016) |
This Symposium would not have happened without the support and guidance of Dean Nicholas Allard and Judge Andrew Napolitano, and without the participation of so many First Amendment experts and scholars, many of whom have been long-time professional and personal friends, and all of whom have contributed greatly to the consideration of these... |
2016 |
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| Nadine Strossen |
FREEDOM OF SPEECH AND EQUALITY: DO WE HAVE TO CHOOSE? |
25 Journal of Law & Policy 185 (2016) |
As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive speech that affronts our most cherished beliefs, including our... |
2016 |
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| Nancy C. Marcus |
FROM EDWARD TO ERIC GARNER AND BEYOND: THE IMPORTANCE OF CONSTITUTIONAL LIMITATIONS ON LETHAL USE OF FORCE IN POLICE REFORM |
12 Duke Journal of Constitutional Law & Public Policy 53 (Fall, 2016) |
One fateful October evening in 1974, two police officers were dispatched to a neighborhood in Memphis, Tennessee, in response to a call about the burglary of an unoccupied house. Upon arriving at the scene, the police spotted a black fifteen-year-old boy running from the back of the house toward a fence in the back yard. The boy, Edward Garner, was... |
2016 |
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| Bill Ong Hing |
FROM FERGUSON TO PALESTINE: DISRUPTING RACE-BASED POLICING |
59 Howard Law Journal 559 (Spring 2016) |
INTRODUCTION. 560 I. HOW DID WE GET HERE?. 566 A. Racism - Driving While Black. 566 B. War on Drugs. 569 C. 9/11- Urban Areas Security Initiative/Urban Shield. 571 D. Broken Windows - Zero Tolerance/Stop and Frisk. 574 II. WHAT HAS BEEN THE RESPONSE?. 578 III. PROPOSALS FOR CHANGE. 584 A. Procedural Ideas. 585 1. Curtailment of sales of military... |
2016 |
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| Samuel R. Bagenstos |
FROM INTEGRATIONISM TO EQUAL PROTECTION: TENBROEK AND THE NEXT 25 YEARS OF DISABILITY RIGHTS |
13 University of Saint Thomas Law Journal 13 (Fall, 2016) |
If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights... |
2016 |
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| Harvey Gee |
HABEAS CORPUS, CIVIL LIBERTIES, AND INDEFINITE DETENTION DURING WARTIME: FROM EX PARTE ENDO AND THE JAPANESE AMERICAN INTERNMENT TO THE WAR ON TERRORISM AND BEYOND |
47 University of the Pacific Law Review 791 (2016) |
I. Introduction. 792 II. The Internment of Japanese Americans and Endo: It was About Race Despite the Government and Supreme Court Insistence that It Was About Military Necessity . 796 A. The Three Internment Cases Leading Up to Endo. 799 B. Endo's Petition for Writ of Habeas Corpus and Justice Douglas' Avoidance of the Constitutional Issues. 801... |
2016 |
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| Sheldon Novick |
HOMER PLESSY'S FORGOTTEN PLEA FOR INCLUSION: SEEING COLOR, ERASING COLOR-LINES |
118 West Virginia Law Review 1181 (Spring 2016) |
I. Introduction. 1181 II. Background of Plessy v. Ferguson. 1184 III. Litigation in Louisiana. 1189 IV. Plessy v. Ferguson in the Supreme Court. 1197 V. Opinion of the Court. 1200 VI. Aftermath. 1204 VII. Conclusion: Homer Plessy Speaks to Us Still. 1209 |
2016 |
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| Jalila Jefferson-Bullock |
HOW MUCH PUNISHMENT IS ENOUGH?: EMBRACING UNCERTAINTY IN MODERN SENTENCING REFORM |
24 Journal of Law & Policy 345 (2016) |
For nonviolent drug crimes, we need to lower long mandatory minimum sentences-- or get rid of them entirely. Give judges some discretion .. We need to ask prosecutors to use their discretion to seek the best punishment, the one that's going to be most effective, instead of just the longest punishment. President Barack Obama He describes every day... |
2016 |
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| Kate Levine |
HOW WE PROSECUTE THE POLICE |
104 Georgetown Law Journal 745 (April, 2016) |
Police brutality is at the center of a growing national conversation on state power, race, and our problematic law enforcement culture. Focus on police conduct, in particular when and whether it should be criminal, is on the minds of scholars and political actors like never before. Yet this new focus has brought up a host of undertheorized... |
2016 |
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| Ingrid V. Eagly |
IMMIGRANT PROTECTIVE POLICIES IN CRIMINAL JUSTICE |
95 Texas Law Review 245 (December, 2016) |
The increasing focus of federal immigration enforcement on persons accused of crimes has hastened the creation of local criminal justice policies that govern the treatment of immigrants. In this Article, I report my findings from public records requests sent to prosecutor offices, city police departments, and county sheriffs in four large counties... |
2016 |
|
| Etienne C. Toussaint |
INCARCERATION TO INCORPORATION: ECONOMIC EMPOWERMENT FOR RETURNING CITIZENS THROUGH SOCIAL IMPACT BONDS |
25 Journal of Affordable Housing & Community Development Law 61 (2016) |
I. Introduction. 62 II. The D.C. Incarceration to Incorporation Entrepreneurship Program Act of 2015. 67 III. Can Social Impact Bonds Finance Criminal Justice Reform?. 73 IV. Opportunities for Future SIBs in the United States. 78 V. Conclusion. 82 |
2016 |
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| Barry J. Pollack , Miller & Chevalier, 900 16th Street NW, Washington, DC 20006, 202-626-5800, Fax 202-626-5801, E-mail bpollack@milchev.com |
INJUSTICE ON OUR STREETS |
40-AUG Champion 5 (August, 2016) |
Don't take advantage of the poor just because you can; don't take advantage of those who stand helpless in court. --Proverbs 22:22-23 Baton Rouge, Louisiana. Falcon Heights, Minnesota. Dallas, Texas--three blocks from where John F. Kennedy was assassinated. By the time you read this, the list almost certainly will have grown, possibly through cases... |
2016 |
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| Caitlin M. Hodge |
INTRODUCTION |
42 Thurgood Marshall Law Review 1 (Fall, 2016) |
It is an honor for Thurgood Marshall Law Review to present its first issue of Volume 42. This issue is the culmination of hard work, precision and dedication from the associate editors all the way up to the Editorial Board. Since the founding of this Law Review in 1970, we have prided ourselves with submitting quality work that facilitates... |
2016 |
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| Adrien K. Wing |
IS THERE A FUTURE FOR CRITICAL RACE THEORY? |
66 Journal of Legal Education 44 (Autumn, 2016) |
We all know that the legal academy is in a crisis that does not appear to have an end in sight. As many law school enrollments plummet, some institutions may even face closure or merger. As experiential requirements increase but resources do not, some may query whether many schools should just ensure that their students can meet all the... |
2016 |
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| Jonathan A. Rapping |
IT'S A SIN TO KILL A MOCKINGBIRD: THE NEED FOR IDEALISM IN THE LEGAL PROFESSION |
114 Michigan Law Review 847 (April, 2016) |
Go Set a Watchman. By Harper Lee. New York: HarperCollins. 2015. P. 278. $27.99. A Lawyer is either a social engineer or . . . a parasite on society . . . . Charles Hamilton Houston [T]he first thing I lost in law school was the reason that I came. This prescient quote by an unnamed law student defines, in a single sentence, our growing problem... |
2016 |
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| Sarah Gerwig-Moore |
JUSTICE IN THE DEEP SOUTH: LEARNING FROM HISTORY, CHARTING OUR FUTURE |
67 Mercer Law Review 483 (Winter 2016) |
Opinions differ on the principal role of academic institutions. Should Universities be primarily concerned with scholarship and research? With classroom instruction? With producing well-rounded citizens? Mercer University has long been committed to each of these three priorities. Decades before I joined the faculty at Mercer Law School, schools... |
2016 |
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| Richard Lempert |
JUSTICE KENNEDY AND THE FISHER REVISIT: WILL THE IRRELEVANT PROVE DECISIVE? |
94 Texas Law Review See Also 108 (2016) |
Most Court watchers expect Justice Kennedy to cast the deciding vote when the Supreme Court hands down its decision in this term's installment of Fisher v. University of Texas at Austin or, as it is colloquially titled, Fisher II. What divides observers is not whose vote will be crucial, but the law that vote will make. At one extreme, Justice... |
2016 |
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| Alvin W. Cohn, D.Crim., Administration of Justice Services, Inc. |
JUVENILE FOCUS |
80-DEC Federal Probation 49 (December, 2016) |
The Bureau of Justice Statistics reports on inmate death records from each of the nation's 50 state prison systems and approximately 2,800 local jail jurisdictions. Between 2003 and 2014, BJS also collected data on persons who died while in the process of arrest. Death records include information on decedent personal characteristics (age, race or... |
2016 |
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