| Author | Title | Citation | Summary | Year | Key Terms |
| Lauren M. Ouziel |
BEYOND LAW AND FACT: JURY EVALUATION OF LAW ENFORCEMENT |
92 Notre Dame Law Review 691 (December, 2016) |
Criminal trials today are as much about the adequacy and legitimacy of the defendant's accusers--police and prosecutors--as the alleged deeds of the accused. Yet we lack theory to conceptualize this reality, doctrine to set its parameters, and institutional mechanisms to adapt to it. The traditional framework used by courts and scholars to... |
2016 |
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| Kayleigh E. Butterfield |
BEYOND THE FIRST AMENDMENT: BROADER PROTECTIONS FOR A CITIZEN'S RIGHT TO RECORD |
51 Wake Forest Law Review 1203 (Winter 2016) |
I can't breathe. I can't breathe. I can't breathe. For members of the public paying even the slightest bit of attention to the news over the past few years, those words are immediately recognizable as the last words of forty-three-year-old Eric Garner. In a video released mere days after the actual incident, police officers can be seen talking to... |
2016 |
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| Nancy E. Dowd |
BLACK BOYS MATTER: DEVELOPMENTAL EQUALITY |
45 Hofstra Law Review 47 (Fall, 2016) |
[T]he question of how one should live within a black body, within a country lost in the Dream, is the question of my life .. --Ta-Nehisi Coates The American Dream is one of equality and opportunity; the ability to succeed and be whoever and whatever one wants to be, limited only by one's own drive and talent. But for Black boys, this is not the... |
2016 |
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Black caucus issues call to action |
(July 8, 2016) |
Black Democrats on Capitol Hill are pressing Republicans and the White House to take greater steps to rein in gun violence following a string of high-profile shootings this week, all involving police. |
2016 |
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| R.A. Lenhardt |
BLACK CITIZENSHIP THROUGH MARRIAGE? REFLECTIONS ON THE MOYNIHAN REPORT AT FIFTY |
25 Southern California Interdisciplinary Law Journal 347 (Spring 2016) |
I. Introduction: Black Citizenship Through Marriage? II. Unpacking The Moynihan Report's Account of Marriage and Black Citizenship III. Black Marriage inequality in the Age of Obergefell IV. Why NonmaritaL Black Families Matter V. Conclusion: The Place of Black Families in the New Movement for Civil Rights What are the necessary conditions for full... |
2016 |
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| M Adams , Max Rameau |
BLACK COMMUNITY CONTROL OVER POLICE |
2016 Wisconsin Law Review 515 (2016) |
The Moment: From Uprising to Organizing. 515 I. Principles & Objectives. 518 II. Analysis. 520 A. Root Issue Versus Surface Issue. 520 B. Domestic Colonies: The Police as an Occupying Force. 521 C. Racial Prejudice Is Not the Problem. 524 1. Individual Racist Police. 524 2. End the Occupation and Shift Power. 525 III. The Proposition. 528 A. A... |
2016 |
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| Andrea L. Dennis |
BLACK CONTEMPORARY SOCIAL MOVEMENTS, RESOURCE MOBILIZATION, AND BLACK MUSICAL ACTIVISM |
79 Law and Contemporary Problems 29 (2016) |
In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country's attention. Multiple groups are pressing for change, including... |
2016 |
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| Alexander Bolton |
Black Democrats to Obama: Pick Lynch for Supreme Court |
2016 The Hill 777235 (February 27, 2016) |
Black lawmakers in Congress are urging President Obama to make history by nominating Attorney General Loretta Lynch to the Supreme Court. |
2016 |
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| Mary Crossley |
BLACK HEALTH MATTERS: DISPARITIES, COMMUNITY HEALTH, AND INTEREST CONVERGENCE |
22 Michigan Journal of Race and Law 53 (Fall, 2016) |
Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... |
2016 |
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| Devon W. Carbado |
BLUE-ON-BLACK VIOLENCE: A PROVISIONAL MODEL OF SOME OF THE CAUSES |
104 Georgetown Law Journal 1479 (August, 2016) |
This Article offers a theoretical model that explains the persistence of what I will call blue-on-black violence. Six features comprise the model. First, a variety of social forces converge to make African-Americans vulnerable to ongoing police surveillance and contact. Second, the frequency of this surveillance and contact exposes African... |
2016 |
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| V. Noah Gimbel |
BODY CAMERAS AND CRIMINAL DISCOVERY |
104 Georgetown Law Journal 1581 (August, 2016) |
As police departments nationwide operate under increasing public scrutiny following numerous high-profile instances of excessive and often lethal force against unarmed African-Americans and Latinos, calls for greater accountability have been nearly unanimous in supporting the use of Body-Worn Cameras (BWCs) by police officers. On September 21,... |
2016 |
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| Jonathan Oberman , Kendea Johnson |
BROKEN WINDOWS: RESTORING SOCIAL ORDER OR DAMAGING AND DEPLETING NEW YORK'S POOR COMMUNITIES OF COLOR? |
37 Cardozo Law Review 931 (February, 2016) |
On February 8, 2014, with the temperature below freezing, two New York City Police Department (NYPD) officers performing a routine vertical patrol found Jerome Murdough, a homeless 56-year-old Marine veteran with a diagnosed history of mental illness, sleeping in a stairwell near the roof of an East Harlem housing project. Instead of taking him... |
2016 |
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| Dayne Lee |
BUNDLING "ALT-LABOR": HOW POLICY REFORM CAN FACILITATE POLITICAL ORGANIZATION IN EMERGING WORKER MOVEMENTS |
51 Harvard Civil Rights-Civil Liberties Law Review 509 (Summer, 2016) |
Young voters--particularly low-income, minority, and immigrant workers--have virtually no impact on policymaking. However, young workers could increase their influence through political organization. Labor unions are the most powerful political vehicles available to low- and middle-income citizens because they bundle economic and political... |
2016 |
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| Tracey L. Meares |
BURYING THE LEDE: WHY TEACHING THE DUE PROCESS CASES IS CRITICAL TO INVESTIGATIONS IN CRIMINAL PROCEDURE |
60 Saint Louis University Law Journal 497 (Spring 2016) |
When teaching the basic criminal procedure class on police practices--the course that covers the Fourth, Fifth, and small portions of the Sixth Amendments--the conventional wisdom is that one should address Mapp v. Ohio at or near the beginning of the course. The reason is not particularly mysterious. Mapp held that the exclusionary rule is an... |
2016 |
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| Michael Haber |
CED AFTER #OWS: FROM COMMUNITY ECONOMIC DEVELOPMENT TO ANTI-AUTHORITARIAN COMMUNITY COUNTER-INSTITUTIONS |
43 Fordham Urban Law Journal 295 (March, 2016) |
Introduction. 297 I. CED: From Grassroots Antipoverty Movement to the Non-Profit Industrial Complex. 301 A. A Brief History of CED and CED Law. 303 1. The Birth of Contemporary CED in the 1960s. 303 2. The Emergence of CED Law. 306 3. Transition in the 1970s. 307 4. Market-Based CED in the 1980s and 1990s. 308 5. CED Law in the 1980s and 1990s.... |
2016 |
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| Michael W. Unger |
CHANGE HAPPENS. AND THAT'S GOOD. |
73-APR Bench and Bar of Minnesota 5 (April, 2016) |
I am a lifelong Minnesotan. I have lived in the Twin Cities since infancy. I went to public schools in a large suburban district. Almost everyone in my world looked like me and spoke English--my relatives, my neighbors, my friends, my teachers, the folks who worked in the gas station, stores and restaurants, the political leaders, the police, the... |
2016 |
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| David Thacher |
CHANNELING POLICE DISCRETION: THE HIDDEN POTENTIAL OF FOCUSED DETERRENCE |
2016 University of Chicago Legal Forum 533 (2016) |
The breadth of the criminal law and the unfettered discretion it creates are among the most significant challenges facing American criminal justice today. These twin problems have a particularly corrosive effect on policing, where they lay the foundations for many of the most prominent flashpoints for community anger, including intensive police... |
2016 |
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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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