| Author | Title | Citation | Summary | Year | Key Terms |
| Erin Sheley |
VICTIM IMPACT STATEMENTS AND EXPRESSIVE PUNISHMENT IN THE AGE OF SOCIAL MEDIA |
52 Wake Forest Law Review 157 (Spring, 2017) |
The facts of the case are now famous. A young woman attends a Stanford party with her younger sister. A few hours later, two Swedish graduate students on bicycles stumble upon freshman swimmer (and Olympic hopeful) Brock Turner, manually penetrating her unconscious body behind a dumpster. He flees; they give chase. She awakes in a hospital room to... |
2017 |
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| Palma Joy Strand |
WE ARE ALL ON THE JOURNEY: TRANSFORMING ANTAGONISTIC SPACES IN LAW SCHOOL CLASSROOMS |
67 Journal of Legal Education 176 (Autumn, 2017) |
This essay begins and ends with Fisher II, the most recent addition to the law on diversity in admissions to institutions of higher education. The body of the essay, however, focuses on diversity in law schools and specifically on transforming the law school classroom, which is too often antagonistic space for traditionally underrepresented... |
2017 |
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| Donald L. Flexner |
WHY THE CIVILIAN PURCHASE, USE, AND SALE OF ASSAULT WEAPONS AND SEMIAUTOMATIC RIFLES AND PISTOLS, ALONG WITH LARGE CAPACITY MAGAZINES, SHOULD BE BANNED |
20 NYU Journal of Legislation and Public Policy 593 (2017) |
In the United States, private citizens can purchase powerful and semiautomatic assault weapons and large capacity magazines. In 1994, Congress passed the Violent Crime Control and Law Enforcement Act, which imposed a ten-year ban on the civilian use of many such weapons. Upon its expiration in 2004, Congress refused to extend the ban despite... |
2017 |
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| Craig B. Futterman, Chaclyn Hunt, Jamie Kalven |
YOUTH/POLICE ENCOUNTERS ON CHICAGO'S SOUTH SIDE: ACKNOWLEDGING THE REALITIES |
51 Georgia Law Review 1079 (Summer, 2017) |
This Article was originally published in the 2016 Volume of the University of Chicago Legal Forum, entitled Policing the Police. The suggested citation to this Article is: Craig Futterman et al., They Have All the Power: Youth/Police Encounters on Chicago's South Side, 2016 U. Chi. Legal F. 125. The Article appears with the permission of the... |
2017 |
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| Gregory S. Parks , Matthew W. Hughey |
"A CHOICE OF WEAPONS": THE X-MEN AND THE METAPHOR FOR APPROACHES TO RACIAL EQUALITY |
92 Indiana Law Journal Supplement 1 (2016) |
We are at a crossroads in American history when we as a nation must decide a path toward racial equality. It is a crossroads that we have come to in the past, primarily in the 1960s and 1970s (i.e., civil rights or black power, peace or violence, etc.). It is a narrative that has been told for decades in the comic book The X-Men. This comic book as... |
2016 |
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| Elise Holtzman |
"I AM CAIT," BUT IT'S NONE OF YOUR BUSINESS: THE PROBLEM OF INVASIVE TRANSGENDER POLICIES AND A FOURTH AMENDMENT SOLUTION |
68 Florida Law Review 1943 (November, 2016) |
Transgender people constitute a distinct minority with unique legal battles. There is a widespread societal misunderstanding of what it means to be transgender that results in treating the transgender community the same as their lesbian, gay, and members of bisexual counterparts. This misunderstanding is even more prevalent in the legal context,... |
2016 |
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| Christina Swarns |
"I CAN'T BREATHE!": A CENTURY OLD CALL FOR JUSTICE |
46 Seton Hall Law Review 1021 (2016) |
I Can't Breathe. 1023 Hands Up, Don't Shoot. 1028 Black Lives Matter. 1030 |
2016 |
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| Rhonda V. Magee |
"IF YOU PLANT CORN, YOU GET CORN": ON MINDFULNESS AND RACIAL JUSTICE IN FLORIDA AND BEYOND |
90-APR Florida Bar Journal 36 (April, 2016) |
Before Sandra Bland's questionable stop while on her way to start a new job at her alma mater and mysterious death in police custody in Mississippi; before Eric Garner's killing for selling loosees (single cigarettes) in front of a corner store on Long Island; and before Michael Brown's killing and horrifyingly public on-street display in... |
2016 |
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| Rebecca Sharpless |
"IMMIGRANTS ARE NOT CRIMINALS": RESPECTABILITY, IMMIGRATION REFORM, AND HYPERINCARCERATION |
53 Houston Law Review 691 (Winter 2016) |
Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-- citizens and noncitizens--who have been convicted of... |
2016 |
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| André Douglas Pond Cummings |
"LORD FORGIVE ME, BUT HE TRIED TO KILL ME": PROPOSING SOLUTIONS TO THE UNITED STATES' MOST VEXING RACIAL CHALLENGES |
23 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police... |
2016 |
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| Lindsay Pérez Huber |
"MAKE AMERICA GREAT AGAIN!": DONALD TRUMP, RACIST NATIVISM AND THE VIRULENT ADHERENCE TO WHITE SUPREMACY AMID U.S. DEMOGRAPHIC CHANGE |
10 Charleston Law Review 215 (Fall, 2016) |
I. INTRODUCTION. 215 II. THEORETICAL FRAMEWORK. 217 III. MAKE AMERICA GREAT AGAIN!. 222 IV. VOTE FOR WHITE SUPREMACY!. 229 V. SHIFTING U.S. DEMOGRAPHICS (AND RESPONSES). 232 VI. CONCLUSION. 239 VII. EPILOGUE: MAKE AMERICA SAFE AGAIN. 244 |
2016 |
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| Mae C. Quinn |
"POST-FERGUSON" SOCIAL ENGINEERING: PROBLEM-SOLVING JUSTICE OR JUST POSTURING |
59 Howard Law Journal 739 (Spring 2016) |
INTRODUCTION. 739 I. INTERROGATING NEW CHANGE AGENTS, CORRECTIVE AGENCIES, AND THEIR AGENDAS. 742 II. PROBING PROFFERED THEORIES: RESTORATIVE, PROCEDURAL AND THERAPEUTIC JUSTICE. 753 III. CRITICALLY CONSIDERING PROBLEM-SOLVING COURTS AS THE SOLUTION. 758 CONCLUSION. 764 |
2016 |
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| Nnennaya Amuchie |
"THE FORGOTTEN VICTIMS" HOW RACIALIZED GENDER STEREOTYPES LEAD TO POLICE VIOLENCE AGAINST BLACK WOMEN AND GIRLS: INCORPORATING AN ANALYSIS OF POLICE VIOLENCE INTO FEMINIST JURISPRUDENCE AND COMMUNITY ACTIVISM |
14 Seattle Journal for Social Justice 617 (Spring, 2016) |
For all the Black girls and women who never had a chance to live in a world free from violence. --Nnennaya Amuchie Last year, thousands of young people gathered around the world in solidarity with Ferguson, Missouri, after police officers killed Michael Brown, an unarmed 18-year-old Black teenager. Following Michael Brown's death, police officers... |
2016 |
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| Bryan Adamson |
"THUGS," "CROOKS," AND "REBELLIOUS NEGROES": RACIST AND RACIALIZED MEDIA COVERAGE OF MICHAEL BROWN AND THE FERGUSON DEMONSTRATIONS |
32 Harvard Journal on Racial & Ethnic Justice 189 (Spring, 2016) |
At approximately 1:30 p.m. CST on August 9, 2014, when the news broke of a shooting in Ferguson, Missouri, one disturbing picture was the first still image most of us saw. A Black male body is lying face down on the street. The picture is foregrounded by the familiar yellow POLICE LINE DO NOT CROSS barrier tape. One need not cross to see what is... |
2016 |
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| Stephanie Francis Ward |
#ATTENTION |
102-DEC ABA Journal 28 (December, 2016) |
FEW PEOPLE OUTSIDE OF ACADEMIA are familiar with intersectionality. But many understand--and embrace--the hashtag #blackgirlsmatter, which is a more descriptive way to point out that some people who experience oppression have multiple social categorizations and frequently are forgotten in social justice movements. The African American Policy Forum,... |
2016 |
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| Kiran Sidhu |
A CALL FOR MINORITY INVOLVEMENT IN CYBERSECURITY LEGISLATION REFORM AND CIVIL RIGHTS PROTESTS: LESSONS FROM THE ANTI-SOPA/DEMONSTRATIONS |
38 Hastings Communications and Entertainment Law Journal (COMM/ENT) 117 (Winter 2016) |
I. Introduction: Remembering Bloody Sunday and COINTELPRO Surveillance and Its Connection to the Black Lives Matter Movement. 118 II. An Overview of CISPA: Surveillance in the Name of Cybersecurity With Technology Company Assistance. 122 A. Examples of Increased Surveillance During Black Lives Matter Protests. 126 III. We Should Not Rely on... |
2016 |
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| Eleanor G. Jolley , Tim Donahue, Sr. |
A CURSORY OVERVIEW TO SECTION 1983 AS IT APPLIES TO VIOLATIONS OF THE FOURTH AND EIGHTH AMENDMENTS |
39 American Journal of Trial Advocacy 517 (Spring, 2016) |
This Article addresses the essential components of a civil claim brought under the guise of Section 1983 and focuses on the procedural aspects involved in both, filing and defending a Section 1983 claim. This Article serves as a basis and foundation for in-depth and thorough review of the pertinent legal issues involved in Section 1983 litigation.... |
2016 |
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| Reginald Leamon Robinson |
A DARK SECRET TOO SCANDALOUS TO CONFRONT: DID THE MOYNIHAN REPORT IMPLY THAT POOR BLACK CAREGIVERS' PARENTING STYLE AND CHILDHOOD CRUELTIES WERE STRONGLY CORRELATED WITH SELF-PERPETUATING PATHOLOGIES? |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 103 (Spring, 2016) |
The resistance to seeing the pain of deprived neglected, or abused children has a long history. All psychopathology constitutes primary or secondary disorders of bonding or attachment and manifests itself as disorders of self- and/or interactional regulation. In 1965 or today, any existential murder of a child, especially in the earliest years of... |
2016 |
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| Lisa P. Ramsey |
A FREE SPEECH RIGHT TO TRADEMARK PROTECTION? |
106 The Trademark Reporter 797 (September-October, 2016) |
Many governments refuse to register and protect as trademarks certain categories of words or symbols that are offensive to members of the public. For example, Section 2(a) of the Lanham Act--the federal trademark law in the United States--bans registration of trademarks which are immoral or scandalous, or which may disparage people, institutions,... |
2016 |
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| Lauren Brauer |
ACADEMIC CONNECTION: LESSONS IN CENSORSHIP: HOW SCHOOLS AND COURTS SUBVERT STUDENTS' FIRST AMENDMENT RIGHTS |
36 Children's Legal Rights Journal 222 (2016) |
It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Justice Fortas wrote these words in Tinker v. Des Moines, a Supreme Court case regarding students' First Amendment Rights. In this seminal case, two students wore black armbands to school in order... |
2016 |
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| Bruce A. Green |
ACCESS TO CRIMINAL JUSTICE: WHERE ARE THE PROSECUTORS? |
3 Texas A&M Law Review 515 (Spring 2016) |
When the organized bar talks about access to justice, it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors'... |
2016 |
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| Burt Neuborne , Bebe Anderson , Peggy Cooper Davis , Richard Blum |
ACHIEVING RESULTS - LESSONS FROM CIVIL RIGHTS MOVEMENTS: TRANSCRIPT |
19 NYU Journal of Legislation and Public Policy 509 (2016) |
This panel contextualized the LGBTQIA movement as one of a number of attempts to use courts, legislatures, organizing, and other means of advocacy to achieve social change. The panel facilitated a conversation among experts on different social-change movements--including those for racial, gender, and economic equality--to examine how these other... |
2016 |
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| Elise C. Boddie |
ADAPTIVE DISCRIMINATION |
94 North Carolina Law Review 1235 (May, 2016) |
This Article critiques the assumption in constitutional law that racial discrimination is siloed, static, and time limited. It argues instead that discrimination is systemic, dynamic, and intergenerational due to its adaptive nature. The Article sets forth a theory of adaptive discrimination--that discrimination adapts to law and to social norms... |
2016 |
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| Benjamin Lowndes , Sharon Press |
ALLY-SHIP AND DISPUTE RESOLUTION PRACTITIONERS: A CONTINUUM |
42 Mitchell Hamline Law Review 1572 (2016) |
I. Introduction: How We Got Here. 1573 A. Sharon Press. 1573 B. Benjamin Lowndes. 1578 C. Together. 1580 II. Ally-Ship. 1581 A. Definitions of Ally-ship. 1581 B. Snapshots of Ally-ship. 1581 1. Abraham Joshua Heschel. 1581 2. Same-Sex Marriage Statutes. 1582 3. Minnesota Advertisement. 1583 III. Conflict Resolution Practitioners as Allies. 1584 A.... |
2016 |
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| Khaled A. Beydoun, Associate Professor of Law at the University of Detroit Mercy School of Law; Affiliated Faculty, University of California, Berkeley Islamophobia Research and Documentation Project |
AMERICA, ISLAM, AND CONSTITUTIONALISM: MUSLIM AMERICAN POVERTY AND THE MOUNTING POLICE STATE |
31 Journal of Law and Religion 279 (November, 2016) |
The Cambridge Companion to American Islam. Edited by Julianne Hammer and Omar Safi. New York: Cambridge University Press, 2013. Pp. 386. $34.99 (paper). ISBN: 9780521175524. On the Muslim Question. By Anne Norton. Princeton: Princeton University Press, 2013. Pp. 288. $28.99 (cloth). ISBN: 978-0691157047. What Is an American Muslim? Embracing Faith... |
2016 |
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| Jessica DuBois , Sharon Press |
AN INTENTIONAL CONVERSATION ABOUT PUBLIC ENGAGEMENT AND DECISION-MAKING: MOVING FROM DYSFUNCTION AND POLARIZATION TO DIALOGUE AND UNDERSTANDING |
42 Mitchell Hamline Law Review 1439 (2016) |
The Dispute Resolution Institute (DRI) was founded in 1991 under the leadership of Bobbi McAdoo and its first symposium, Moving to the Next Level in Transformative Mediation: Practice, Research and Policy, was held in 1999. Over the course of the next sixteen years, DRI developed and refined a particular methodology for its symposia, captured by... |
2016 |
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Around the Nation |
18 Student Discipline Law Bulletin 4 (October 1, 2016) |
The superintendent of the Buckeye Union School District apologized to a student and her mother for prohibiting her from wearing a Black Lives Matter shirt to school. The student, M.H., wore a Black Lives Matter T-shirt to school and was harassed by other students, who told her Black lives dont matter, and that shirt is meaningless. She told... |
2016 |
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Around The Nation |
33 Law Enforcement Employment Bulletin 7 (September 1, 2016) |
The California Board of State and Community Corrections (BSCC) has awarded the Long Beach Police Department $600,000 in funding, which will go toward bolstering relationships between the police and the local community, reported Gazettes recently. For instance, the grant money will be applied toward initiatives focused on building trust and... |
2016 |
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| Patricia J. Williams |
BABIES, BODIES AND BUYERS |
33 Columbia Journal of Gender and Law 11 (2016) |
In the thirty-five years since I began my career in legal education, much about the status of women, gender and sexuality has changed. There are the obvious triumphs: more female students, faculty and deans--as well as more bathrooms for more kinds of people than just men. Life is less lonely now, and conversation more intersectional. There is... |
2016 |
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| Khaled A. Beydoun |
BETWEEN INDIGENCE, ISLAMOPHOBIA, AND ERASURE: POOR AND MUSLIM IN "WAR ON TERROR" AMERICA |
104 California Law Review 1463 (December, 2016) |
Nearly half of the Muslim American population is interlocked between indigence and Islamophobia, or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class,... |
2016 |
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