AuthorTitleCitationSummaryYearKey Terms
Renee Nicole Allen GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR 29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... 2023  
Michael Conklin HOWARD LAW SCHOOL, RACE, AND PEER RANKINGS: THE INCREASING CORRELATION BETWEEN RACIAL SALIENCE AND PREFERENTIAL RANKINGS 59 Willamette Law Review 189 (Spring, 2023) In 2020, novel research was conducted to measure disparities between the U.S. News & World Report overall rankings and the peer rankings of law schools. The research uncovered a stark outlier in Howard University School of Law, whose peer rank was consistently twenty to forty spots higher than its overall rank. This Article updates the research,... 2023  
Jennifer J. Lee IMMIGRATION DISOBEDIENCE 111 California Law Review 71 (February, 2023) The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... 2023  
Nina Farnia IMPERIALISM AND BLACK DISSENT 75 Stanford Law Review 397 (February, 2023) Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... 2023  
Adam N. Eckart IN BUSINESS WE TRUST 23 Wake Forest Journal of Business and Intellectual Property Law 227 (Spring, 2023) I. Introduction. 228 II. Business-led Social Activism. 230 A. Past as Prologue. 230 B. Business Involvement Today. 235 1. LGBTQ Rights. 236 2. Race. 242 3. Gun Safety. 243 4. Contraception and Abortion. 246 5. Beyond Politics. 248 III. Corporate Governance and Fiduciary Duties. 249 A. Traditional Fiduciary Duties. 249 B. Stakeholder Theory. 251 C.... 2023  
Barbara O'Brien, Catherine M. Grosso JUDGES, LAWYERS, AND WILLING JURORS: A TALE OF TWO JURY SELECTIONS 98 Chicago-Kent Law Review 107 (2023) Race has long had a pernicious role in how juries are assembled in the United States. Racism--intentional, implicit, and structural--has produced disparities in how jury venires are selected, whom the court excuses for cause, and how lawyers exercise their peremptory strikes. We are, however, at a moment of reform in the United States. We see... 2023  
Michael Conklin LAW SCHOOL RANKINGS AND POLITICAL IDEOLOGY: MEASURING THE CONSERVATIVE PENALTY AND LIBERAL BONUS WITH UPDATED 2023 RANKINGS DATA 37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 508 (2023) In 2020, novel research was conducted to measure whether, and to what extent, conservative law schools are punished and liberal law schools are rewarded in the U.S. News & World Report peer rankings. The study found a drastic conservative penalty and liberal bonus that amounted to a difference in the peer rankings of twenty-eight spots. This... 2023  
Hanna M. Metzler LET'S NOT TALK ABOUT IT: HOW COURTS APPLY CONSTITUTIONAL AVOIDANCE AND QUALIFIED IMMUNITY AS A SHIELD FOR LAW ENFORCEMENT OFFICERS 88 Missouri Law Review 873 (Summer, 2023) On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (SLMPD) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement... 2023  
  LEVI STRAUSS & CO. SEC No Action Letters . 0123202304 (2023) WSB File No. 0123202304 WSB Subject Category: 74 Public Availability Date: January 19, 2023 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 November 11, 2022 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange Commission Division of Corporation Finance Office of Chief Counsel 100 F Street, NE Washington,... 2023  
  LEVI STRAUSS & CO. SEC No Action Letters . 0123202304 (2003) WSB File No. 0123202304 WSB Subject Category: 74 Public Availability Date: January 19, 2023. Prepared By: Cooley LLP References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ November 11, 2022 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange... 2023  
Juliet P. Stumpf, Stephen Manning LIMINAL IMMIGRATION LAW 108 Iowa Law Review 1531 (May, 2023) ABSTRACT: Liminal immigration rules operate powerfully beyond the edge of traditional law to govern the movement of people across borders and their interactions with the immigration system within the United States. This Article illuminates this body of liminal law, revealing how agencies and advocates have innovated to create widely followed... 2023  
Hila Keren MARKET HUMILIATION 56 Loyola of Los Angeles Law Review 565 (Spring, 2023) For many people, the marketplace is too often a site of intense humiliation. This Article aims to assist legal practitioners, judges, lawmakers, and scholars in understanding what market humiliation is, how it operates, and what can be done to curtail it. This is a particularly timely--even urgent--task due to a pair of 2022 developments at the... 2023  
Nikolas Guggenberger MODERATING MONOPOLIES 38 Berkeley Technology Law Journal 119 (2023) Industrial organization predetermines content moderation online. At the core of today's dysfunctions in the digital public sphere is a market power problem. Meta, Google, Apple, and a few other digital platforms control the infrastructure of the digital public sphere. A tiny group of corporations governs online speech, causing systemic problems to... 2023  
Amna A. Akbar NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY 132 Yale Law Journal 2497 (June, 2023) Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... 2023  
S. Lisa Washington PATHOLOGY LOGICS 117 Northwestern University Law Review 1523 (2023) Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... 2023  
Sameer M. Ashar PEDAGOGY OF PREFIGURATION 132 Yale Law Journal Forum 869 (2/14/2023) abstract. As our social problems deepen and movements rise to meet those challenges, lawyers must expand their repertoire to support transformative visions. Social-movement organizations are not only developing policy platforms, but also experimenting with legal advocacy and institutional development that meet human needs and strive to resist... 2023  
Bridget J. Crawford PINK TAX AND OTHER TROPES 34 Yale Journal of Law & Feminism 88 (2023) Abstract: Law reform advocates should be strategic in deploying tax tropes. This Article examines five common tax phrases--the nanny tax, death tax, soda tax, Black tax, and pink tax--and demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government... 2023  
Ndjuoh MehChu POLICING AS ASSAULT 111 California Law Review 865 (June, 2023) From ending qualified immunity, to establishing community control over policing, to eradicating the institution of policing altogether, proposals to remedy the issue of police violence are on everyone's lips. But, in the deep reservoir of proposals, the meaning of police violence has received relatively little attention. How should we think... 2023  
Rachel E. Barkow PROMISE OR PERIL?: THE POLITICAL PATH OF PRISON ABOLITION IN AMERICA 58 Wake Forest Law Review 245 (2023) America is now home to a burgeoning prison abolitionist movement. The word abolition focuses on a negative goal, but prison abolitionists have a positive agenda that is just as important. They believe the key to abolishing prisons is to address the social, economic, and political conditions that cause crime, thus obviating the need for prisons.... 2023  
Christopher Ian Kim PULLING BACK THE VEIL: EXPOSING PERNICIOUS USES OF FACIAL RECOGNITION TECHNOLOGY 22 Washington University Global Studies Law Review 53 (2023) Facial recognition is nothing new. Technology giants have been developing and implementing facial recognition for years; our iPhone lock mechanisms are proof of that. The potential uses for facial recognition are limitless and many companies already wield the capability to create powerful tools. Several countries, enticed by the promise of such... 2023  
Eva Dickey QUALIFIED IMMUNITY UNDER SECTION 1983: THE PROTECTIVE VEIL OF "CLEARLY ESTABLISHED" 96 Chicago-Kent Law Review 247 (2023) In 1871, in the midst of Reconstruction, Congress passed An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, which came to be known as both the Ku Klux Klan Act (Ku Klux Act) and the Civil Rights Act of 1871. Section 1 of this Act read That any person who, under color of any law, statute,... 2023  
Osagie K. Obasogie , Peyton Provenzano RACE, RACISM, AND POLICE USE OF FORCE IN 21ST CENTURY CRIMINOLOGY: AN EMPIRICAL EXAMINATION 69 UCLA Law Review 1206 (January, 2023) Race scholars have voiced concerns about the field of c riminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field's overly positivist approach that privileges white logics that obscure the nuance of race relations to methodological critiques on how the field... 2023  
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023  
Michael Heise RACIAL ISOLATION, SCHOOL POLICE, AND THE "SCHOOL-TO-PRISON PIPELINE": AN EMPIRICAL PERSPECTIVE ON THE ENDURING SALIENCE OF "TIPPING POINTS" 71 Buffalo Law Review 163 (April, 2023) Two broad trends inform public K-12 education's current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource... 2023  
Jennifer S. Hunt , Stephane M. Shepherd RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS 47 Law and Human Behavior 1 (February, 2023) Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... 2023  
Anabelle Roy READY OR NOT CONGRESS, HERE IT COMES: THE EXPANSION OF FACIAL RECOGNITION TECHNOLOGY MAKES ITS WAY INTO POLICE PRACTICES 75 Florida Law Review 583 (May, 2023) Good, old-fashioned police work does not have the same meaning it had just two decades ago. The use of facial recognition technology by law enforcement agencies across America has proliferated within just the last decade, with some jurisdictions installing thousands of cameras across their cities. Local law enforcement agencies have tracked... 2023  
Athena D. Mutua REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH 100 Denver Law Review 553 (Spring, 2023) Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... 2023  
Veronica Root Martinez REFRAMING THE DEI CASE 46 Seattle University Law Review 399 (Winter, 2023) Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of... 2023  
Dylan Saul SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS 107 Minnesota Law Review 1311 (February, 2023) If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... 2023  
Paul Butler SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM 121 Michigan Law Review 1071 (April, 2023) Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell. New York: Astra House. 2021. Pp. 288. Cloth, $28. Paper, $18. Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson. New York: New York University Press. 2022. Pp. 312. $45. Black women are guiding... 2023  
Caitlyn Coffey SMOKE AND SEIZURE: HOLDING LAW ENFORCEMENT ACCOUNTABLE FOR THE USE OF CHEMICAL IRRITANTS ON LAWFUL PROTESTERS BY MEANS OF THE FOURTH AMENDMENT IN THE AGE OF TORRES v. MADRID 60 American Criminal Law Review Online 1 (2023) On March 7th, 1965, over five hundred people marched in Selma, Alabama to confront the Governor of Alabama for his failure to hold law enforcement accountable after young Jimmie Lee Jackson was shot and murdered by a state trooper. The demonstrators, linked arm-in-arm, were met with a wall of state troopers, gas masks affixed to their faces and... 2023  
Melany Amarikwa SOCIAL MEDIA PLATFORMS' RECKONING: THE HARMFUL IMPACT OF TIKTOK'S ALGORITHM ON PEOPLE OF COLOR 29 Richmond Journal of Law and Technology 69 (2023) Social media platforms have become an integral part of our daily lives. The growing societal reliance on these social platforms calls for a greater understanding of how they impact and engage with people of color. TikTok's innovative use of recommendation algorithms has disrupted the social media industry. This Article exposes the harm people of... 2023  
Paul H. Robinson , Jeffrey Seaman , Muhammad Sarahne STANDING BACK AND STANDING DOWN: CITIZEN NON-COOPERATION AND POLICE NON-INTERVENTION AS CAUSES OF JUSTICE FAILURES AND CRIME 51 Hofstra Law Review 923 (Summer, 2023) It may surprise many that America's justice system fails to find or punish offenders for the vast majority of serious crimes. Failures of justice are the norm, not the exception. Most killers get away with murder. In 2020, there were 24,576 homicides in America, and police solved just 10,115 of those--41.2%. Even worse, usually less than half of... 2023  
Jennifer S. Fan STARTUP BIASES 56 U.C. Davis Law Review 1423 (April, 2023) This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First,... 2023  
Jon L. Mills, Caroline S. Bradley-Kenney SURVEILLANCE AND POLICING TODAY: CAN PRIVACY AND THE FOURTH AMENDMENT SURVIVE NEW TECHNOLOGY, ARTIFICIAL INTELLIGENCE AND A CULTURE OF INTRUSION? 33 University of Florida Journal of Law and Public Policy 183 (Spring, 2023) We are on the verge of a surveillance state. New technologies enable intrusions unimagined two decades ago. Our current culture voluntarily provides intimate personal details that are available to the world and to law enforcement. Current interpretations of Fourth Amendment privacy protections are failing to protect individuals from this brave new... 2023  
Victoria Nauman TACKLING DISCRIMINATION IN THE NFL: HOW THE RECENT CTE RACE-NORMING AGREEMENT HIGHLIGHTS THE NEED TO PROVIDE BROADER ANTI-DISCRIMINATION PROTECTIONS FOR NFL PLAYERS THROUGH COLLECTIVE BARGAINING AGREEMENTS 14 William & Mary Business Law Review 489 (February, 2023) Chronic traumatic encephalopathy (CTE) is becoming a commonly known consequence of playing football. Many have become stunned at the effects of CTE among some of the National Football League's (NFL) most popular players. While the NFL agreed to compensate players who have suffered the effects of CTE, they did not do so fairly. The NFL employed... 2023  
Oladeji Tiamiyu , Amy Schmitz , Colin Rule TECHNOLOGY DRIVEN RACIAL RECONCILIATION: A PRACTICAL GUIDE FOR THE USE OF TECHNOLOGY IN TRUTH COMMISSIONS 38 Ohio State Journal on Dispute Resolution 59 (2023) I. Introduction A. Technology's Relevance for Transformative Reconciliation B. Technology's Role in Promoting Stakeholder Trust C. Technology's Role in Facilitating Personal Connections Without Sacrificing Understanding D. Technology's Role in Promoting Greater Flexibility in the System Design II. Tensions and Caveats Around Using Technology with... 2023  
Leah M. Watson THE ANTI-"CRITICAL RACE THEORY" CAMPAIGN - CLASSROOM CENSORSHIP AND RACIAL BACKLASH BY ANOTHER NAME 58 Harvard Civil Rights-Civil Liberties Law Review 487 (Summer, 2023) This Article explores the rise of the anti-critical race theory movement, arguing that it is backlash to progress towards racial justice. Instruction on racism, culturally relevant teaching methods, and critical race theory-- collectively, race conscious instruction--improve students' comprehension, engagement, analytical skills, and social... 2023  
Gregory S. Parks , Etienne C. Toussaint THE COLOR OF LAW REVIEW 103 Boston University Law Review 181 (February, 2023) Of the approximately sixty-five Black law review Editors-in-Chief (EICs) throughout U.S. history, at least thirty-eight--more than half--were elected in the past ten years. What inspired the dramatic increase in the diversity of law review leadership in recent history, and why has it taken so long? This question--what this Article calls law... 2023  
Trevor George Gardner THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE 171 University of Pennsylvania Law Review 1699 (June, 2023) This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... 2023  
John Crain THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS 86 Albany Law Review 599 (2022-2023) Weinstein copped to groping her the previous day: a full, dramatic confession, caught on tape .. [T]wo weeks after Gutierrez reported Weinstein to the police, the district attorney's office announced that it wasn't going to press charges .. Law enforcement officials began to whisper that the DA's office had behaved strangely. -Ronan Farrow on... 2023  
LaToya Baldwin Clark THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS 132 Yale Law Journal 2139 (May, 2023) In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... 2023  
Lynda Wray Black THE DAY THE FIGHT SONG DIED: THE ALSTON CONCURRENCE THAT BECAME THE PLAYBOOK 53 University of Memphis Law Review 1009 (Summer, 2023) Abstract. 1010 I. Introduction. 1011 II. The Halcyon Days of Amateurism. 1012 III. The Beginning of the End. 1017 A. A Tale of Two Student-Athletes. 1017 B. Prior Attacks on Amateurism. 1020 IV. The Shifting Landscape: Amnesty From Amateurism Becomes Animosity For Amateurism. 1021 A. Antitrust Attacks on the NCAA: Comparing Regents and Alston. 1021... 2023  
Shirin Bakhshay THE DISSOCIATIVE THEORY OF PUNISHMENT 111 Georgetown Law Journal 1251 (June, 2023) The American public has complex views on criminal punishment. They are driven primarily by retributive motivations. But they have other justice considerations, such as restoration and rehabilitation, that can be activated in different ways. Laypersons are also motivated to psychologically distance and dissociate from those they perceive to be... 2023  
Caitlin Millat THE EDUCATION--DEMOCRACY NEXUS AND EDUCATIONAL SUBORDINATION 111 Georgetown Law Journal 529 (March, 2023) Many believe that American democracy is in critical danger. These heightened concerns about democracy's survival have spurred conversation about the role public education can and should play in American life. At the same time, a wave of legislation has emerged that not only threatens to minimize public education's democratizing and equity-enhancing... 2023  
Ofer Raban THE FREE SPEECH OF PUBLIC EMPLOYEES AT A TIME OF POLITICAL POLARIZATION: CLARIFYING THE PICKERING BALANCING TEST 60 Houston Law Review 653 (Winter, 2023) The First Amendment restricts the ability of government employers to punish public employees for their speech. The governing constitutional standard, known as the Pickering test, is a flexible balancing inquiry pitting the interests of the government as an employer against the free speech interests of their employees. But this seemingly simple... 2023  
Ava Ayers THE IMPOSSIBILITY OF LOCAL POLICE REFORM 50 Fordham Urban Law Journal 609 (April, 2023) Why weren't there transformational changes to policing in the United States after the murder of George Floyd and the uprising that followed? While there are many reasons, including entrenched racism and inertia, I want to point to structural factors that make police reform impossible in many localities, and surpassingly difficult in all. First, the... 2023  
Mark S. Brodin THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE 106 Marquette Law Review 593 (Spring, 2023) White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... 2023  
Vincent M. Southerland THE MASTER'S TOOLS AND A MISSION: USING COMMUNITY CONTROL AND OVERSIGHT LAWS TO RESIST AND ABOLISH POLICE SURVEILLANCE TECHNOLOGIES 70 UCLA Law Review 2 (June, 2023) The proliferation and use of technology by law enforcement is rooted in the hope that technological tools can improve policing. Improvement, however, is relative. Quantitative data and qualitative experience have proven the criminal legal system a site of racial injustice and rank brutality. Police are one of the principal instruments of those... 2023  
Michal Barzuza , Quinn Curtis , David H. Webber THE MILLENNIAL CORPORATION: STRONG STAKEHOLDERS, WEAK MANAGERS 28 Stanford Journal of Law, Business & Finance 255 (Spring, 2023) The most important phenomenon in the corporate world today is the swift and dramatic rise of the Environmental, Social, and Governance (ESG) movement. Commentators have tried to fit this development into familiar frameworks of shareholder value or management entrenchment. In contrast, in this Article we develop, for the first time, a theory of... 2023  
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