| Author | Title | Citation | Summary | Year | Key Terms |
| Susan R. Jones |
LESSONS FROM BALTIMORE AND WASHINGTON, D.C.: WORKING WITH COMMUNITY-BASED ORGANIZATIONS TO BUILD CAPACITY AND FIGHT FOR ECONOMIC JUSTICE |
25 Journal of Affordable Housing & Community Development Law 25 (2016) |
The following articles, written by legal educators, are based on a joint presentation, Lessons from Baltimore and Washington, D.C.: Working with Community-Based Organizations to Build Capacity and Fight for Economic Justice, at the Association of American Law Schools Conference on Clinical Legal Education, April 30-May 3, 2016, in Baltimore. The... |
2016 |
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| Mike Lillis |
Liberals rally to sink Obama trade deal |
2016 The Hill 4260950 (August 14, 2016) |
Liberals are amping up their opposition to the Trans-Pacific Partnership (TPP) on and off of Capitol Hill, amid escalating concerns that the package will get an 11th hour vote after the November elections. |
2016 |
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| Brishen Rogers |
LIBERTARIAN CORPORATISM IS NOT AN OXYMORON |
94 Texas Law Review 1623 (June, 2016) |
Our constitutional democracy and our republican form of government, Joseph Fishkin and William Forbath argue in their recent work, depend on a measure of economic and social democracy. A truly democratic state, in their view, cannot just regulate powerful actors. It must also enable or positively encourage robust intermediate organizations,... |
2016 |
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| Michael P. Maslanka, FisherBroyles, LLP |
LIFE, DEATH, AND WORK: 4 TOUGH QUESTIONS FOR EMPLOYERS AFTER DALLAS |
27 Texas Employment Law Letter 1 (July 1, 2016) |
Dallas has been my home for 32 years. Currently, I live and work downtown. The murders of the five Dallas police officers took place just a few blocks from my home. Neighbors in my building heard the firefight as it unfolded. I am a law professor, and three of my students are police officers. I have thought of them a lot lately. The public-policy... |
2016 |
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| Michael P. Maslanka, FisherBroyles, LLP |
LIFE, DEATH, AND WORK: 4 TOUGH QUESTIONS FOR EMPLOYERS AFTER DALLAS |
28 Florida Employment Law Letter 4 (August 1, 2016) |
Dallas has been my home for 32 years. Currently, I live and work downtown. The murders of the five Dallas police officers took place just a few blocks from my home. Neighbors in my building heard the firefight as it unfolded. I am a law professor, and three of my students are police officers. I have thought of them a lot lately. The public-policy... |
2016 |
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| Gregory S. Parks , Caryn Neumann |
LIFTING AS THEY CLIMB: RACE, SORORITY, AND AFRICAN AMERICAN UPLIFT IN THE 20TH CENTURY |
27 Hastings Women's Law Journal 109 (Winter 2016) |
In the July 2015 issue of Essence magazine, Donna Owens wrote an intriguing piece on black sororities within the Black Lives Matter Movement. Owens addressed the complicated and somewhat standoffish position of four major black sororities--Alpha Kappa Alpha, Delta Sigma Theta, Zeta Phi Beta, and Sigma Gamma Rho--in light of the deaths of Michael... |
2016 |
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| Aziz Z. Huq , Richard H. McAdams |
LITIGATING THE BLUE WALL OF SILENCE: HOW TO CHALLENGE THE POLICE PRIVILEGE TO DELAY INVESTIGATION |
2016 University of Chicago Legal Forum 213 (2016) |
Under state law, municipal codes, and collective bargaining agreements, police officers in many jurisdictions benefit from a set of heightened procedural protections. These frequently include provisions restricting the timing and manner by which investigators interview or interrogate police, which we call interrogation buffers. One specific... |
2016 |
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| Myles V. Lynk |
LOOKING BACK TO LOOK AHEAD: RACE AND LAW IN THE TWENTY-FIRST CENTURY |
41 Human Rights 22 (2016) |
Before anticipating the future, let's reflect on the past of race and the role of law in the United States. Race and the law in the early history of the United States was defined by the institution of slavery, which predated the establishment of the United States but was retained at the creation of our country. Although the words slave and slavery... |
2016 |
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| Cynthia Lee |
MAKING BLACK AND BROWN LIVES MATTER: INCORPORATING RACE INTO THE CRIMINAL PROCEDURE CURRICULUM |
60 Saint Louis University Law Journal 481 (Spring 2016) |
The fatal shooting of Michael Brown, an African American teenager, in August 2014 by a White police officer in Ferguson, Missouri, and the death of Eric Garner, an African American man who died after being put into a chokehold by a New York City police officer in July 2014, led to a firestorm of protests under the moniker of Black Lives Matter.... |
2016 |
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| William E. Hannum III , Managing Partner, Schwartz Hannum PC |
MANAGING THE IMPACT OF CHANGING EDUCATION LAW |
2016 Aspatore 1595365 (March, 2016) |
This chapter focuses on various issues that we recommend counsel consider to help independent schools and colleges minimize legal risks. As a threshold concept, some areas of risk remain constant, while new ones continually emerge. Take technology and privacy, for instance: monitoring student and employee conduct and establishing appropriate... |
2016 |
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| Jasmine Sankofa |
MAPPING THE BLANK: CENTERING BLACK WOMEN'S VULNERABILITY TO POLICE SEXUAL VIOLENCE TO UPEND MAINSTREAM POLICE REFORM |
59 Howard Law Journal 651 (Spring 2016) |
ABSTRACT. 652 INTRODUCTION. 652 I. RACE AND POLICING. 658 II. RACE AND STRUCTURAL SEXUAL VIOLENCE. 666 A. Police Sexual Violence. 666 B. A Brief History of Sexualized Racial Terror Against Black Women. 673 III. ADVANCING JUSTICE: BROADENING THE SCOPE OF PROPOSED INTERVENTIONS. 683 A. Divesting From Law Enforcement. 683 B. Building Survivor Support.... |
2016 |
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| Phyllis Goldfarb |
MATTERS OF STRATA: RACE, GENDER, AND CLASS STRUCTURES IN CAPITAL CASES |
73 Washington and Lee Law Review 1395 (Summer, 2016) |
C1-3Table of Contents I. Introduction. 1395 II. The Role of Race. 1399 A. History of Race Ideologies. 1401 B. Understanding Race in the Giarratano Case. 1408 1. Departure and Return of the Death Penalty. 1410 2. Executive Clemency. 1411 3. Juries. 1414 4. Judges. 1418 5. Race of Victims. 1422 III. Other Ideologies at Work. 1423 A. Gender... |
2016 |
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| Geoff Ward |
MICROCLIMATES OF RACIAL MEANING: HISTORICAL RACIAL VIOLENCE AND ENVIRONMENTAL IMPACTS |
2016 Wisconsin Law Review 575 (2016) |
This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... |
2016 |
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| Mary Beth Tinker |
MIGHTY TIMES |
68 Arkansas Law Review 895 (2016) |
Good afternoon, everyone. And, thank you, Professor Killenbeck, for inviting me to be with all of you today. I've been traveling around the country speaking about students' rights and children's rights, and part of my motivation for doing that comes from being a pediatric nurse. Over the years, I've been with so many kids who don't have rights, or... |
2016 |
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| Mary Wright |
MISSION ACCOMPLISHED? THE UNFINISHED RELATIONSHIP BETWEEN BLACK LAW SCHOOLS AND THEIR HISTORICAL CONSTITUENCIES |
39 North Carolina Central Law Review 1 (2016) |
Today, there are six historically Black law schools operating in the United States. These are all that remain of the twenty-two Black law schools that were in existence at some point beginning in 1869. With the exception of Howard University School of Law, established as Howard University Law Department in 1869, and Miles Law School, established... |
2016 |
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| Raymond M. Brown, Wanda Akin |
MLK: HUMAN RIGHTS & DREAMS & METAPHORS OR . JUSTICE AS A VERB |
51 Valparaiso University Law Review 57 (Fall, 2016) |
I say to you today, my friends, though, even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. For today's conversation, we want to emphasize three truths. First, Dr. Martin Luther King Jr. is a human symbol of an attempt by one wing of the mid-twentieth century civil... |
2016 |
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| Michele C. Nielsen |
MUTE AND MOOT: HOW CLASS ACTION MOOTNESS PROCEDURE SILENCES INMATES |
63 UCLA Law Review 760 (March, 2016) |
This Comment uses a recent prisoners' rights class action that challenges solitary confinement to demonstrate the way in which class action mootness procedure disadvantages inmates. With courts divided on how they should evaluate plaintiffs' claims that are mooted before the court reaches a class certification decision, this unsettled area leaves... |
2016 |
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| Morris B. Hoffman , District Court, Second Judicial District, Denver, Colorado, USA, Corresponding author. E-mail: morris.hoffman@judicial.state.co.us |
NEUROSCIENCE CANNOT ANSWER THESE QUESTIONS: A RESPONSE TO G. AND R. MURROW'S ESSAY HYPOTHESIZING A LINK BETWEEN DEHUMANIZATION, HUMAN RIGHTS ABUSES AND PUBLIC POLICY |
3 Journal of Law & the Biosciences 167 (April, 2016) |
The Murrows' paper, A hypothetical link between dehumanization and human rights abuses', in which they propose that neuroscience may answer some difficult public policy questions, including questions about the First Amendment, is an unfortunate foray into law and public policy unjustified by the current state of neuroscience. Neuroscientific... |
2016 |
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| Nancy Leong |
NEW ECONOMY, OLD BIASES |
100 Minnesota Law Review 2153 (May, 2016) |
Alan David Freeman's seminal article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, provided a pathbreaking account of Supreme Court jurisprudence. The article laid bare a striking contradiction. The law promised racial equality, and indeed communicated that we had achieved such... |
2016 |
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| Nina W. Chernoff |
NO RECORDS, NO RIGHT: DISCOVERY & THE FAIR CROSS-SECTION GUARANTEE |
101 Iowa Law Review 1719 (July, 2016) |
ABSTRACT: Every criminal defendant has the right to a jury selected from a fair cross-section of the community--a pool of people reflecting the community's racial and ethnic makeup. Yet there is substantial evidence that juries in state courts across the country do not reflect a fair cross-section of their communities, in violation of the Sixth... |
2016 |
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| Adam Epstein, Kathryn Kisska-Schulze |
NORTHWESTERN UNIVERSITY, THE UNIVERSITY OF MISSOURI, AND THE "STUDENT-ATHLETE": MOBILIZATION EFFORTS AND THE FUTURE |
26 Journal of Legal Aspects of Sport 71 (August, 2016) |
Student-athletes have a powerful voice in issues that matter to them. This was most recently demonstrated in two ways, including the 2014 Northwestern University football team's unsuccessful attempt to organize as a union, and the 2015 University of Missouri's successful demonstration, both in-person and via social media, ultimately resulting in... |
2016 |
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| Maj. Gen. Larry Stutzriem (ret.), contributor |
Obama should not support Kaepernick's protest |
2016 The Hill 4726437 (September 12, 2016) |
Observing the bombardment of Baltimore by British ships, Francis Scott Key penned the Star-Spangled Banner to capture the onslaught U.S. troops braved rockets red glare, bombs bursting in air for the sake of the land of the free. As it did then, our military will always without question answer the call to defend our nation. But airmen,... |
2016 |
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| |
Obama: Police shootings of black men 'an American issue' |
(July 7, 2016) |
President Obama on Thursday said all Americans should be troubled by the two fatal shootings of black men at the hands of police this week, urging the country to believe we can be better than this. |
2016 |
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| Jordan Fabian |
Obama's toughest challenge: Healing racial divide |
2016 The Hill 3681917 (July 12, 2016) |
President Obama will confront one of the great paradoxes of his tenure on Tuesday as he flies to Dallas to address a nation reeling from racially charged violence. |
2016 |
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| Justin Hansford |
ON RACE AND JUSTICE: HOW FAR HAVE WE REALLY COME? |
42 Human Rights 1 (2016) |
Eight years ago, before the confetti hit the ground celebrating the election of the first [African American president, tears of joy streamed down the faces of many who [were prepared to usher in an era of post-racialism. Today, on the eve of President Obama's exit, the harsh and dissonant reality of enduring racialism echoes across the American... |
2016 |
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| |
On the Beat |
24 Police Department Disciplinary Bulletin 2 (October 1, 2016) |
New York City might never tell the public if the police officer at the center of the Eric Garner chokehold death case is disciplined, the mayor and police commissioner indicated after reaching a new interpretation of a 40-year-old state civil rights law. The New York Police Department recently ended a longstanding practice of letting reporters see... |
2016 |
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| James M. Doyle |
ORWELL'S ELEPHANT AND THE ETIOLOGY OF WRONGFUL CONVICTIONS |
79 Albany Law Review 895 (2015-2016) |
And afterwards I was very glad that the coolie had been killed; it put me legally in the right and it gave me a sufficient pretext for shooting the elephant. I often wondered whether any of the others grasped that I had done it solely to avoid looking a fool. --Shooting an Elephant, George Orwell Criminal justice reform is having its moment. The... |
2016 |
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| Susan J. Stabile |
OTHERING AND THE LAW |
12 University of Saint Thomas Law Journal 381 (Winter 2016) |
Although some of our laws address the needs of citizens of the United States as a whole, many of our laws are designed to address the conditions and needs of one or more discreet subsets of the population. Thus, we debate the merits of laws addressing, for example, illegal immigrants, the poor, and criminals. Our view of the issues relating to the... |
2016 |
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| Mike Lillis |
Pelosi: My nonexistent campaign computer was not hacked |
2016 The Hill 4565681 (September 1, 2016) |
House Minority Leader Nancy Pelosi (D-Calif.) on Thursday refuted claims that Democratic campaign memos, leaked this week by a hacker group, originated from her personal computer. |
2016 |
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| Brett DeGroff , Desiree Ferguson , Michael L. Mittlestat |
PEOPLE OF THE STATE OF MICHIGAN, PLAINTIFF-APPELLEE, v. RAHIM OMARKHAN LOCKRIDGE, DEFENDANT-APPELLANT |
33 Western Michigan University Thomas M. Cooley Law Review 227 (Winter 2016) |
The Appellant's brief argued the Michigan Sentencing Guidelines violated the right to a trial by jury guaranteed by the Sixth Amendment as a result of requiring judges to engage in fact-finding at sentencing which raised the floor of permissible sentences. Under Alleyne v. United States, 133 S.Ct. 2151 (2013), any fact which raises the floor of... |
2016 |
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| David B. Oppenheimer, Swati Prakash, Rachel Burns |
PLAYING THE TRUMP CARD: THE ENDURING LEGACY OF RACISM IN IMMIGRATION LAW |
26 Berkeley La Raza Law Journal 1 (2016) |
Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... |
2016 |
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| Chris Pagliarella |
POLICE BODY-WORN CAMERA FOOTAGE: A QUESTION OF ACCESS |
34 Yale Law and Policy Review 533 (Spring 2016) |
When President Obama closed 2014 by requesting $263 million to support the deployment of 50,000 body-worn cameras (or BWCs) for state officers, he was endorsing an idea whose time had come. The deaths of Michael Brown and Eric Garner provided names and faces to a growing call for police accountability that would eventually develop into the broader... |
2016 |
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| Kate Levine |
POLICE SUSPECTS |
116 Columbia Law Review 1197 (June, 2016) |
Recent attention to police brutality has brought to the fore how law enforcement, when they become the subject of criminal investigations, receive special procedural protections not available to any other criminal suspect. Prosecutors' special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused... |
2016 |
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| Allegra M. McLeod |
POLICE VIOLENCE, CONSTITUTIONAL COMPLICITY, AND ANOTHER VANTAGE |
2016 Supreme Court Review 157 (2016) |
What role has the U.S. Supreme Court played in perpetuating police violence? In a series of remarkable dissenting opinions, Justice Sonia Sotomayor has underscored the Supreme Court's complicity in police abuse. Dissenting in Mullenix v Luna, Justice Sotomayor warned that the Court has sanctioned a shoot first, think later approach to policing.... |
2016 |
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| Tracey L. Meares |
POLICING IN THE 21ST CENTURY: THE IMPORTANCE OF PUBLIC SECURITY |
2016 University of Chicago Legal Forum 1 (2016) |
I was honored to be asked by the student leaders of the University of Chicago Legal Forum to give this keynote, and thrilled, really, to be back home. Hyde Park has changed so much and in so many good ways. I admit to feeling sad about the demise of Ribs and Bibs, though. The food was not always great, but the sniffs were incomparable. I have... |
2016 |
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| Colin Taylor Ross |
POLICING PONTIUS PILATE: POLICE VIOLENCE, LOCAL PROSECUTORS, AND LEGITIMACY |
53 Harvard Journal on Legislation 755 (Summer, 2016) |
I. Introduction. 756 II. The Crisis of the Status Quo. 760 A. Appearance of Grand Jury Manipulation. 761 B. Crisis of Legitimacy. 765 III. Existing Proposals and Plans. 767 A. Increased Federal Oversight. 767 1. Color of Law Prosecutions. 768 2. Consent Decrees. 769 B. Special Prosecutors. 771 C. California's Public Hearings. 775 IV. Policy... |
2016 |
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| Juliana Shaw |
POLICING THE POLICE: A CITIZEN'S RIGHT TO FILM THE PUBLIC ACTIONS OF LAW ENFORCEMENT OFFICERS, AND HOW AMERICA BEGAN TO LOSE FAITH IN THOSE WHO SWORE TO PROTECT AND SERVE |
41 Thurgood Marshall Law Review Online 190 (Spring, 2016) |
- Nelson Mandela They are the ones we are taught to call when we are in trouble. The ones who swore to protect and serve you, me, and anyone else in the presence of threat or fear. Those individuals are the police. For some, 9-1-1 is committed to memory a |
2016 |
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| Liku T. Madoshi |
POLICING THE POLICE: IMPLICIT RACIAL BIAS & THE NECESSITY OF LIMITING POLICE DISCRETION TO USE MILITARIZED GEAR AGAINST CIVILIAN PROTESTERS |
44 Southern University Law Review 118 (Fall, 2016) |
A militarized police force cannot be fully effective. Because police are civilian members of a community, their success depends upon the trust and cooperation of that community. The pervasive use of tactics that are overly aggressive and militarized tend to exacerbate any tensions that may already exist. At the intersection of Trust Avenue and... |
2016 |
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| Michelle S. Phelps |
POSSIBILITIES AND CONTESTATION IN TWENTY-FIRST-CENTURY US CRIMINAL JUSTICE DOWNSIZING |
12 Annual Review of Law and Social Science 153 (2016) |
mass incarceration, carceral state, penal reform After four decades of an expanding carceral state, political leaders are increasingly championing proposals framed as smart--rather than simply tough-- on crime. Yet as states increasingly adopt progressive reforms like scaling back the drug war, punishment in other respects continues to grow... |
2016 |
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| Kimberly A. Chojnacki |
PRACTICE PERSPECTIVE: A LOOK BACK FOR THE BENEFIT OF THE FUTURE |
53-APR Houston Lawyer 10 (March/April, 2016) |
I look forward to telling future young attorneys (and my children and grandchildren) about the moment I learned that the United States Supreme Court held the federal Defense of Marriage Act unconstitutional, and the right to marry a person of one's choosing so inviolate and fundamental that it could be not be denied to same-sex couples. For me,... |
2016 |
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| Andrew Guthrie Ferguson |
PREDICTIVE PROSECUTION |
51 Wake Forest Law Review 705 (Fall, 2016) |
Police in major metropolitan areas now use predictive policing technologies to identify and deter crime. Based on algorithmic forecasts from past crime patterns and individual criminal risk factors, police claim to be able to identify places and persons more likely to be involved in criminal activity. This data-driven approach impacts police... |
2016 |
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| The Editors-in-Chief, The Board of Editors of the Clinical Law Review |
PREFACE TO THE SYMPOSIUM |
23 Clinical Law Review 1 (Fall, 2016) |
Twenty-five years ago Professor Gerald P. López published Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice. This path-breaking book, rich in narrative and analysis, raised critical awareness of the pitfalls and the possibilities for lawyering against subordination. It offered a vision of progressive lawyering as holistic... |
2016 |
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| Seth W. Stoughton |
PRINCIPLED POLICING: WARRIOR COPS AND GUARDIAN OFFICERS |
51 Wake Forest Law Review 611 (Fall, 2016) |
What does good policing look like? At first blush, that question may conjure up images of uniformed officers chatting with local residents, playing with laughing children while on patrol, or attending community meetings. But now consider the question in different contexts. What does good policing look like when an officer has to respond to a minor... |
2016 |
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| Devon W. Carbado, Kate M. Turetsky, Valerie Purdie-Vaughns |
PRIVILEGED OR MISMATCHED: THE LOSE-LOSE POSITION OF AFRICAN AMERICANS IN THE AFFIRMATIVE ACTION DEBATE |
64 UCLA Law Review Discourse 174 (2016) |
This Article challenges the perception of affirmative action as a racial preference. That perception has made the policy less constitutionally secure and more difficult normatively to defend. We focus our analysis on middle-class African Americans. We do so because the framing of affirmative action as a racial preference has particular traction... |
2016 |
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| Jonathan Simon |
PRO-BLACK CRIMINALIZATION AND THE LEGITIMATION OF CRIMINAL LAW IN MODERN SOCIETIES: A COMMENT ON AARONSON'S FROM SLAVE ABUSE TO HATE CRIME |
14 Jerusalem Review of Legal Studies 204 (December, 2016) |
In this superb study, Ely Aaronson places the recent wave of hate crime legislation into an extended history of the problem of anti-black violence for the legitimacy of the American state formation in general and its system of criminal justice (what we might call the carceral state) in particular. Like the best books, From Slave Abuse to Hate... |
2016 |
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| Kimberly Hewes |
PROCEDURAL JUSTICE AND OFFICER-INVOLVED-SHOOTINGS |
1 International Journal of Therapeutic Jurisprudence 373 (Spring, 2016) |
Hands Up! Don't Shoot! No Justice, No Peace! Black Lives Matter! These are the chants that have haunted society over the past year beginning with an officer-involved-shooting in Ferguson, Missouri and the death of Michael Brown on August 9, 2014. They have continued throughout the entire nation, even as recently as July 19, 2015 in... |
2016 |
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| Rebecca Hollander-Blumoff |
PROCEDURAL JUSTICE AND POLICING: FOUR NEW DIRECTIONS |
52 Washington University Journal of Law & Policy 67 (2016) |
What really happened between Michael Brown, Darren Wilson, and Dorian Johnson that summer day in Ferguson? Not the shooting, but what came before-- what happened when Officer Wilson met Mr. Johnson and Mr. Brown on the street, and what might it tell us about policing and justice reform? There are two very different stories told by the two surviving... |
2016 |
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| Bruce Green , Ellen Yaroshefsky |
PROSECUTORIAL ACCOUNTABILITY 2.0 |
92 Notre Dame Law Review 51 (November, 2016) |
There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it. Given prosecutors' extraordinary power, it is important that they be effectively regulated and held accountable for misconduct. Although prosecutors perceive that they are in fact well-regulated, if not over-regulated, public complaints about... |
2016 |
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| Jessica L. West |
PROTEST IS DIFFERENT |
50 University of Richmond Law Review 737 (January, 2016) |
Sometimes dramatic, sometimes mundane, acts of civil disobedience bring attention to issues that have recently included climate change, policing, and high school closings. In the United States, we are surrounded by protest. The stories of these protests capture deep aspects of the human experience and our relationship to government power. These... |
2016 |
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| Chandra L. Ford |
PUBLIC HEALTH CRITICAL RACE PRAXIS: AN INTRODUCTION, AN INTERVENTION, AND THREE POINTS FOR CONSIDERATION |
2016 Wisconsin Law Review 477 (2016) |
The field of Public Health has a progressive history of working with vulnerable communities to promote the health of all their residents, but it also has a complicated and problematic relationship to race. Its roles in racializing populations and disease as well as promoting scientific racism are well documented. At the same time, anti-racism... |
2016 |
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