AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
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  
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  
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  
S. Lamar Gardner #BLACKLIVESMATTER, DISPARATE-IMPACT, AND THE PROPERTY AGENDA 43 Southern University Law Review 321 (Spring, 2016) C1-2Table of Contents Introduction. 322 Part I. The Fair Housing Act and the Disparate-Impact Theory Debate. 326 A. Overview of the Fair Housing Act. 326 1. History Leading up to the FHA. 327 2. Passage of the FHA and its Content. 329 B. The Burden of Proof. 332 1. Proving Intentional Discrimination. 332 2. Proving Merely Discriminatory Effect. 335... 2016 Most Relevant
Margalynne J. Armstrong ARE WE NEARING THE END OF IMPUNITY FOR TAKING BLACK LIVES? 56 Santa Clara Law Review 721 (2016) Introduction. 722 I. Legal Protections (or a Lack Thereof) for the Lives of Slaves. 724 A. African Bondage. 724 B. The Legality of Murdering Slaves in North America. 729 C. Runaways, Patterollers, and the Fugitive Slave Act: Deputizing White Communities to Regulate Black Presence. 732 1. Patterollers. 733 2. No rights which the white man is bound... 2016 Most Relevant
Margalynne J. Armstrong ARE WE NEARING THE END OF IMPUNITY FOR TAKING BLACK LIVES? 56 Santa Clara Law Review 721 (2016) Introduction. 722 I. Legal Protections (or a Lack Thereof) for the Lives of Slaves. 724 A. African Bondage. 724 B. The Legality of Murdering Slaves in North America. 729 C. Runaways, Patterollers, and the Fugitive Slave Act: Deputizing White Communities to Regulate Black Presence. 732 1. Patterollers. 733 2. No rights which the white man is bound... 2016 Most Relevant
Samuel H. Pillsbury BLACK LIVES MATTER 13 Ohio State Journal of Criminal Law 567 (Spring, 2016) Jill Leovy, Ghettoside: A True Story of Murder in America (2015). Please write about it. Please! A mother pleading with a reporter to write about her son's murder (P. 37.) A great story teller sweeps you away. The story begins and all you want to do is ride the wave of words to its end. Jill Leovy begins her book, Ghettoside, about the police... 2016 Most Relevant
Samuel H. Pillsbury BLACK LIVES MATTER 13 Ohio State Journal of Criminal Law 567 (Spring, 2016) Jill Leovy, Ghettoside: A True Story of Murder in America (2015). Please write about it. Please! A mother pleading with a reporter to write about her son's murder (P. 37.) A great story teller sweeps you away. The story begins and all you want to do is ride the wave of words to its end. Jill Leovy begins her book, Ghettoside, about the police... 2016 Most Relevant
Mike Lillis Black Lives Matter accuses Dems of 'placating' the movement 2016 The Hill 4540486 (August 31, 2016) Black Lives Matter is going after Democrats for what the group deems a placating response to our demand to value all black life."" 2016 Most Relevant
  Black Lives Matter accuses Dems of 'placating' the movement (August 31, 2016) Black Lives Matter is going after Democrats for what the group deems a placating response to our demand to value all black life."" 2016 Most Relevant
Osagie K. Obasogie , Zachary Newman BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016 Most Relevant
Osagie K. Obasogie , Zachary Newman BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016 Most Relevant
Alberto Bernabe DO BLACK LIVES MATTER? RACE AS A MEASURE OF INJURY IN TORT LAW 18 Scholar: St. Mary's Law Review on Race and Social Justice 41 (2016) I. Introduction. 41 II. The Facts and Allegations that Gave Rise to the Issue in Cramblett. 46 III. Wrongful Birth and Wrongful Life Claims. 48 IV. Wrongful Pregnancy Claims. 55 V. Is There a Basis for Relief in Cramblett?. 56 A. Relevant Case Law. 56 B. Cramblett's Unpersuasive Argument. 59 VI. The Impact of Modern Reproductive Technologies. 67... 2016 Most Relevant
Alberto Bernabe DO BLACK LIVES MATTER? RACE AS A MEASURE OF INJURY IN TORT LAW 18 Scholar: St. Mary's Law Review on Race and Social Justice 41 (2016) I. Introduction. 41 II. The Facts and Allegations that Gave Rise to the Issue in Cramblett. 46 III. Wrongful Birth and Wrongful Life Claims. 48 IV. Wrongful Pregnancy Claims. 55 V. Is There a Basis for Relief in Cramblett?. 56 A. Relevant Case Law. 56 B. Cramblett's Unpersuasive Argument. 59 VI. The Impact of Modern Reproductive Technologies. 67... 2016 Most Relevant
Nicole D. Porter EXPANDING PUBLIC SAFETY IN THE ERA OF BLACK LIVES MATTER 70 University of Miami Law Review 533 (Winter, 2016) Traditional public safety responses to crime involve interactions with the criminal justice system. However, recent killings by police of unarmed black men, women, and children have led to a national dialogue on the fundamental strategy of public safety. The narrative of Black Lives Matter offers a new framework for policymakers, activists,... 2016 Most Relevant
Nicole D. Porter EXPANDING PUBLIC SAFETY IN THE ERA OF BLACK LIVES MATTER 70 University of Miami Law Review 533 (Winter, 2016) Traditional public safety responses to crime involve interactions with the criminal justice system. However, recent killings by police of unarmed black men, women, and children have led to a national dialogue on the fundamental strategy of public safety. The narrative of Black Lives Matter offers a new framework for policymakers, activists,... 2016 Most Relevant
Joëlle Anne Moreno FLAGRANT POLICE ABUSE: WHY BLACK LIVES (ALSO) MATTER TO THE FOURTH AMENDMENT 21 Berkeley Journal of Criminal Law 36 (Fall, 2016) Constitutional rights pivot on problems of proof. But traditional academic distinctions between procedural rules of evidence and substantive questions of constitutional law impede our understanding of how law works. In particular, how law works to identify, constrain, and remedy police abuse of constitutional rights. Treating rights and... 2016 Most Relevant
Joëlle Anne Moreno FLAGRANT POLICE ABUSE: WHY BLACK LIVES (ALSO) MATTER TO THE FOURTH AMENDMENT 21 Berkeley Journal of Criminal Law 36 (Fall, 2016) Constitutional rights pivot on problems of proof. But traditional academic distinctions between procedural rules of evidence and substantive questions of constitutional law impede our understanding of how law works. In particular, how law works to identify, constrain, and remedy police abuse of constitutional rights. Treating rights and... 2016 Most Relevant
  FOIA SUIT AGAINST FBI SEEKS BLACK LIVES MATTER SURVEILLANCE 23 Federal Discovery News 5 (December 1, 2016) Two nonprofit groups have sued the U.S. government in New York federal court, seeking public records about the monitoring and surveillance of public protests concerning Black Lives Matter, racial inequalities, police violence and criminal justice. (Color of Change et al. v. U.S. Department of Homeland Security et al., No. 16-cv-8215, complaint... 2016 Most Relevant
  FOIA SUIT AGAINST FBI SEEKS BLACK LIVES MATTER SURVEILLANCE 23 Federal Discovery News 5 (December 1, 2016) Two nonprofit groups have sued the U.S. government in New York federal court, seeking public records about the monitoring and surveillance of public protests concerning Black Lives Matter, racial inequalities, police violence and criminal justice. (Color of Change et al. v. U.S. Department of Homeland Security et al., No. 16-cv-8215, complaint... 2016 Most Relevant
Melissa J. Sachs FOIA suit against FBI seeks Black Lives Matter surveillance (S.D.N.Y.) 2016 WESTLAW Data Privacy Daily Briefing 6205879 (October 25, 2016) Two nonprofit groups have sued the U.S. government in New York federal court, seeking public records about the monitoring and surveillance of public protests concerning Black Lives Matter, racial inequalities, police violence and criminal justice. 2016 Most Relevant
  FOIA suit against FBI seeks Black Lives Matter surveillance (S.D.N.Y.) (October 25, 2016) Two nonprofit groups have sued the U.S. government in New York federal court, seeking public records about the monitoring and surveillance of public protests concerning Black Lives Matter, racial inequalities, police violence and criminal justice. 2016 Most Relevant
Melissa J. Sachs FOIA SUIT AGAINST FBI SEEKS BLACK LIVES MATTER SURVEILLANCE Color of Change v. U.S. Department of Homeland Security 34 Westlaw Journal Computer and Internet 2 (November 4, 2016) Two nonprofit groups have sued the U.S. government in New York federal court, seeking public records about the monitoring and surveillance of public protests concerning Black Lives Matter, racial inequalities, police violence and criminal justice. The FBI and the Department of Homeland Security have failed to produce records or respond to requests... 2016 Most Relevant
Melissa J. Sachs FOIA SUIT AGAINST FBI SEEKS BLACK LIVES MATTER SURVEILLANCE Color of Change v. U.S. Department of Homeland Security 34 Westlaw Journal Computer and Internet 2 (November 4, 2016) Two nonprofit groups have sued the U.S. government in New York federal court, seeking public records about the monitoring and surveillance of public protests concerning Black Lives Matter, racial inequalities, police violence and criminal justice. The FBI and the Department of Homeland Security have failed to produce records or respond to requests... 2016 Most Relevant
Joshua A. Kobrin GHETTOSIDE: A TRUE STORY OF MURDER IN AMERICA BY JILL LEOVY SPIEGEL & GRAU, NEW YORK, NY, 2015. 366 PAGES, $28 (CLOTH), $18.89 (PAPER) 63-FEB Federal Lawyer 80 (January/February, 2016) The #BlackLivesMatter movement started well before Aug. 9, 2014, the day that police officer Darren Wilson shot Michael Brown in Ferguson, Missouri. But, in the wake of the shooting--and the death of other black males as a result of police actions--the slogan gained momentum. Now a rallying cry for a movement that calls for a response to the... 2016 Most Relevant
Mike Lillis Leaked memo: Dems told to 'lead from behind' with Black Lives Matter 2016 The Hill 4540489 (August 31, 2016) Democratic campaign officials advised House candidates to limit the number of Black Lives Matter activists at public events and promise no support for concrete policy positions as lawmakers hit the campaign trail late last year, according to newly leaked documents. 2016 Most Relevant
Mike Lillis Leaked memo: Dems told to 'lead from behind' with Black Lives Matter 2016 The Hill 4540489 (August 31, 2016) Democratic campaign officials advised House candidates to limit the number of Black Lives Matter activists at public events and promise no support for concrete policy positions as lawmakers hit the campaign trail late last year, according to newly leaked documents. 2016 Most Relevant
  Movement for Black Lives issues policy demands for black immigrants (August 2, 2016) An extensive policy platform released Monday by the Movement for Black Lives, a coalition of racial justice advocacy groups, includes a section demanding an end to the war on black immigrants 2016 Most Relevant
  Movement for Black Lives issues policy demands for black immigrants (August 2, 2016) An extensive policy platform released Monday by the Movement for Black Lives, a coalition of racial justice advocacy groups, includes a section demanding an end to the war on black immigrants 2016 Most Relevant
Donald F. Tibbs OF LAW AND BLACK LIVES, 50 YEARS LATER: RACE AND POLICING IN THE AFTERMATH OF THE MOYNIHAN REPORT 8 Georgetown Journal of Law & Modern Critical Race Perspectives 85 (Spring, 2016) There is a quest for the Negro, the Negro is in demand, one cannot get along without him, he is needed, but only if he is made palatable in a certain way. Frantz Fanon America is free to choose whether the Negro shall remain her liability or become her opportunity. Gunnar Myrdal An American Dilemma The title of the Journal's Symposium, The 50... 2016 Most Relevant
Donald F. Tibbs OF LAW AND BLACK LIVES, 50 YEARS LATER: RACE AND POLICING IN THE AFTERMATH OF THE MOYNIHAN REPORT 8 Georgetown Journal of Law & Modern Critical Race Perspectives 85 (Spring, 2016) There is a quest for the Negro, the Negro is in demand, one cannot get along without him, he is needed, but only if he is made palatable in a certain way. Frantz Fanon America is free to choose whether the Negro shall remain her liability or become her opportunity. Gunnar Myrdal An American Dilemma The title of the Journal's Symposium, The 50... 2016 Most Relevant
Jasmine Adams REACTION TO: OF LAW AND BLACK LIVES, 50 YEARS LATER: RACE AND POLICING IN THE AFTERMATH OF THE MOYNIHAN REPORT 8 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2016) The notion that history has the potential to repeat itself rings throughout Donald Tibbs' piece concerning the dynamic between race and policing in the United States. Tibbs tracks how black lives have been treated within the U.S. legal system and subsequently by police officers throughout history. In particular, Tibbs asserts two major points: (1)... 2016 Most Relevant
Jasmine Adams REACTION TO: OF LAW AND BLACK LIVES, 50 YEARS LATER: RACE AND POLICING IN THE AFTERMATH OF THE MOYNIHAN REPORT 8 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2016) The notion that history has the potential to repeat itself rings throughout Donald Tibbs' piece concerning the dynamic between race and policing in the United States. Tibbs tracks how black lives have been treated within the U.S. legal system and subsequently by police officers throughout history. In particular, Tibbs asserts two major points: (1)... 2016 Most Relevant
Anupam Chander THE FIRST AMENDMENT AS KILLER APP 7 Case Western Reserve Journal of Law, Technology & the Internet 1 (2016) It's not just Black Lives Matter. It's #BlackLivesMatter. The hashtag is silent. The protests that swept the nation last year began through Facebook and Twitter, organized via a hashtag. The hashtag allowed individuals who did not know each other to learn, share, and debate, without requiring any intermediation by the traditional media. The hashtag... 2016 Most Relevant
Sunita Patel TOWARD DEMOCRATIC POLICE REFORM: A VISION FOR "COMMUNITY ENGAGEMENT" PROVISIONS IN DOJ CONSENT DECREES 51 Wake Forest Law Review 793 (Fall, 2016) The shooting of Trayvon Martin, an unarmed Black teenager in Florida, led three Black women to create #BlackLivesMatter. That hashtag has since become synonymous with a movement that condemns police violence and stands for the dignity and value of Black lives. Black Lives Matter has renewed discussion amongst academics, policy makers, think tanks,... 2016 Most Relevant
Nicole D. Porter UNFINISHED PROJECT OF CIVIL RIGHTS IN THE ERA OF MASS INCARCERATION AND THE MOVEMENT FOR BLACK LIVES 6 Wake Forest Journal of Law and Policy 1 (February, 2016) The American criminal justice system has been dominated by relentless growth for the last forty years. The culture of punishment, in part driven by political interests leveraging tough on crime policies and practices marketed as the solution to the fear of crime, has been implemented at every stage of the criminal justice process: arresting,... 2016 Most Relevant
Nicole D. Porter UNFINISHED PROJECT OF CIVIL RIGHTS IN THE ERA OF MASS INCARCERATION AND THE MOVEMENT FOR BLACK LIVES 6 Wake Forest Journal of Law and Policy 1 (February, 2016) The American criminal justice system has been dominated by relentless growth for the last forty years. The culture of punishment, in part driven by political interests leveraging tough on crime policies and practices marketed as the solution to the fear of crime, has been implemented at every stage of the criminal justice process: arresting,... 2016 Most Relevant
Andrew Chongseh Kim WHEN THE APOCALYPSE COMES, WILL ANYTHING CHANGE?: GAY MARRIAGE, BLACK LIVES MATTER, AND THE RULE OF LAW 3 Savannah Law Review 57 (2016) Guess the world changed.--T-Dog No, it's the same as it ever was: the weak get taken.--Guillermo Most conceptions of life after the apocalypse, be it nuclear, zombie, natural disaster, or otherwise, are dominated by a single image: lawlessness. After society collapses, the rule of law ceases to function. Whether one person owns a particular house... 2016 Most Relevant
Andrew Chongseh Kim WHEN THE APOCALYPSE COMES, WILL ANYTHING CHANGE?: GAY MARRIAGE, BLACK LIVES MATTER, AND THE RULE OF LAW 3 Savannah Law Review 57 (2016) Guess the world changed.--T-Dog No, it's the same as it ever was: the weak get taken.--Guillermo Most conceptions of life after the apocalypse, be it nuclear, zombie, natural disaster, or otherwise, are dominated by a single image: lawlessness. After society collapses, the rule of law ceases to function. Whether one person owns a particular house... 2016 Most Relevant
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  
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  
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  
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  
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  
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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