| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| Sara Sternberg Greene |
RACE, CLASS, AND ACCESS TO CIVIL JUSTICE |
101 Iowa Law Review 1263 (May, 2016) |
ABSTRACT: Existing research indicates that members of poor and minority groups are less likely than their higher income counterparts to seek help when they experience a civil legal problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience such problems. Inaction is even more pronounced among poor blacks. This... |
2016 |
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| Cynthia Lee |
RACE, POLICING, AND LETHAL FORCE: REMEDYING SHOOTER BIAS WITH MARTIAL ARTS TRAINING |
79 Law and Contemporary Problems 145 (2016) |
On November 24, 2015, the city of Chicago released dashboard camera video footage of the shooting of a seventeen-year-old Black male teenager named Laquan McDonald by Jason Van Dyke, a police officer with the Chicago Police Department. The video shows McDonald strolling down the street, holding a knife in his right hand by his side. McDonald does... |
2016 |
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| Gil Gott |
RACE, RIGHT TO THE CITY AND RESCALED CONSTITUTIONALISM |
10 Charleston Law Review 195 (Fall, 2016) |
I. INTRODUCTION. 195 II. THE CITY AND GLOBALIZATION. 198 III. RACE AND GLOBALIZATION. 203 IV. RACE AND RIGHT TO THE CITY. 207 V. CONCLUSION. 213 |
2016 |
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| Janine Young Kim |
RACIAL EMOTIONS AND THE FEELING OF EQUALITY |
87 University of Colorado Law Review 437 (Spring 2016) |
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial... |
2016 |
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| Andrea C. Armstrong |
RACIAL ORIGINS OF DOCTRINES LIMITING PRISONER PROTEST SPEECH |
60 Howard Law Journal 221 (Fall, 2016) |
ABSTRACT. 221 INTRODUCTION. 222 I. PRISONERS' UNPROTECTED PROTESTS. 226 A. Ineffective Legal Methods of Protest. 229 B. Punishment for Protest. 232 II. ADDERLEY V. FLORIDA. 236 A. Adderley and Race. 236 B. Adderley's Impact. 242 III. JONES V. NORTH CAROLINA PRISONERS' LABOR UNION, INC.. 248 A. Jones and Race. 248 B. Jones' Impact. 257 IV. RACE,... |
2016 |
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| Donald F. Tibbs |
RACIAL PROFILING IN THE ERA OF BLACK DE-CONSTITUTIONALISM |
23 Washington and Lee Journal of Civil Rights and Social Justice 181 (Fall, 2016) |
On July 6, 2016, Philando Divall Castile was returning from shopping at a grocery store with his girlfriend Diamond Reynolds as the two of them drove through Falcon Heights, Minnesota, a suburb of St. Paul. Earlier that evening, he performed normal day-to-day functions. He had gotten a haircut and eaten dinner with his sister before picking up... |
2016 |
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| Ely Aaronson |
RACIAL VIOLENCE AND THE POLITICS OF CRIMINALIZATION REFORM: RESPONSE TO COMMENTS ON FROM SLAVE ABUSE TO HATE CRIME |
14 Jerusalem Review of Legal Studies 214 (December, 2016) |
The scholarship on the intersections of race, crime, and law in American history has long focused on the political underpinnings and effects of legal policies addressing (real and perceived) black criminality. This literature has analyzed the causes of the persistence of striking racial disparities in various contexts of policing and punishment. It... |
2016 |
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| Raisa D'Oyley |
REACTION TO: THE PATRIARCHY PRESCRIPTION: CURE OR CONTAINMENT STRATEGY? |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 81 (Spring, 2016) |
This reaction piece will analyze and comment on the marginalization of black women and the influence of the Moynihan Report in subsequent policymaking as described in Williams' article. I advance the idea that black women have and continue to be looked over in movements seeking to advance the black community. I also contend that Williams... |
2016 |
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| Jordan A. Shannon |
REASONABLENESS AS CORRECTIONS REFORM IN KINGSLEY v. HENDRICKSON |
62 Loyola Law Review 577 (Summer, 2016) |
I. INTRODUCTION. 578 II. FACTS & HOLDING. 579 III. BACKGROUND. 585 A. 42 U.S.C. § 1983 Provides the Basis for Civil Liability by Law Enforcement for Actions that Violate a Person's Constitutional Rights. 585 B. Pretrial Detaineesmay Vindicate Their Right to Freedom from Excessive Force Under the Fourteenth Amendment's Due Process Clause. 587 C. The... |
2016 |
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| Anthony V. Alfieri |
REBELLIOUS PEDAGOGY AND PRACTICE |
23 Clinical Law Review 5 (Fall, 2016) |
Gerald López's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, López's interdisciplinary investigation of the local, sociocultural context of the... |
2016 |
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| Jessica Younan |
REFORM DEMANDED BY MINORITIES ON POLICE'S USE OF EXCESSIVE FORCE AND THE U.S. GOVERNMENT'S RESISTANCE TO CHANGE |
22 Public Interest Law Reporter 55 (Fall, 2016) |
Innocent until proven guilty is the legal standard utilized by our justice system. Yet, recently, the use of excessive force by law enforcement, which conflicts with this legal standard, has resurfaced disproportionately against minorities. Despite the outcries for change, the issue remains unanswered by the federal government. Police protection is... |
2016 |
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| Ivana Dukanovic |
REFORMING HIGH-STAKES POLICE DEPARTMENTS: HOW FEDERAL CIVIL RIGHTS WILL REBUILD CONSTITUTIONAL POLICING IN AMERICA |
43 Hastings Constitutional Law Quarterly 911 (Summer 2016) |
When eighteen-year-old Michel Brown was fatally shot by Officer Darren Wilson in Ferguson, Missouri, in August 2014, the small St. Louis suburb erupted. Brown's shooting set off weeks of racially charged protests and clashes between protestors and police, further exacerbated by the controversial decision not to indict Officer Darren Wilson.... |
2016 |
|
| Kara Dansky |
REMARKS |
33 Western Michigan University Thomas M. Cooley Law Review 17 (2016) |
First, I want to thank the WMU-Cooley Law Review for holding this event and inviting me. I am very happy to be here and to be a part of the discussion. The second thing I want to say is, Black lives matter! I think that has to be said. I thought that for my time with you, I would do two things. One is to describe an investigation and report on... |
2016 |
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| Mariah Levison |
RESOLVING DIVISIVE SOCIAL ISSUES: A CASE STUDY OF THE MINNESOTA CHILD CUSTODY DIALOGUE |
42 Mitchell Hamline Law Review 1682 (2016) |
I. Introduction. 1682 II. Minnesota Child Custody Dialogue. 1685 III. The Collaborative Problem Solving Process. 1688 IV. Transferable Lessons. 1693 A. Skilled Facilitator. 1694 B. Powerful Convener. 1695 C. Infrastructure. 1696 D. Ripeness. 1697 E. Right Players at the Table. 1697 V. Conclusion. 1698 |
2016 |
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| Jonathan M. Smith |
RESPONDING TO THE FIERCE URGENCY OF NOW |
42 Human Rights 2 (2016) |
In August 1963, on the steps of the Lincoln Memorial with a nation watching, Dr. Martin Luther King Jr. made his famous I Have a Dream speech. The speech is best remembered for its soaring vision of a future that has moved past the legacy of slavery and racism. But Dr. King also talked about the critical nature of the moment and an urgency to... |
2016 |
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| Jennifer Wriggins |
RESPONSE TO KEEPING CASES FROM BLACK JURIES: AN EMPIRICAL ANALYSIS OF HOW RACE, INCOME INEQUALITY, AND REGIONAL HISTORY AFFECT TORT LAW |
73 Washington and Lee Law Review Online 401 (September 21, 2016) |
Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the... |
2016 |
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| Thalia González |
RESTORATIVE JUSTICE FROM THE MARGINS TO THE CENTER: THE EMERGENCE OF A NEW NORM IN SCHOOL DISCIPLINE |
60 Howard Law Journal 267 (Fall, 2016) |
INTRODUCTION. 268 I. RESTORATIVE JUSTICE IN THEORY AND PRACTICE. 274 II. THEORIES OF NORMATIVE CHANGE. 280 III. THE NORM CHANGE PROPOSITION: ADVANCING A NEW UNDERSTANDING OF SCHOOL DISCIPLINE IN THE UNITED STATES. 285 A. Stage One: Norm Emergence. 286 1. California. 288 2. Colorado. 290 3. Illinois. 292 4. Maryland. 293 5. Pennsylvania. 295 B.... |
2016 |
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| Marilyn Armour |
RESTORATIVE PRACTICES: RIGHTING THE WRONGS OF EXCLUSIONARY SCHOOL DISCIPLINE |
50 University of Richmond Law Review 999 (March, 2016) |
Schools are beset with complex challenges in their efforts to educate students. The tough policies created to ensure safe learning environments appear to be increasingly ineffective, generating racial disproportionality in discipline, academic failure, high dropout rates, and a clear school-to-prison pipeline. The drive to meet the standards on... |
2016 |
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| John Felipe Acevedo |
RESTORING COMMUNITY DIGNITY FOLLOWING POLICE MISCONDUCT |
59 Howard Law Journal 621 (Spring 2016) |
INTRODUCTION. 622 I. POLICE MISCONDUCT AS A DIGNITY TAKING. 625 A. The Body as Property. 625 B. Applying Dignity Takings to Police Misconduct. 628 II. EXAMPLES AND EXISTING REMEDIES. 632 A. Department of Justice Investigations. 632 1. Ferguson Police Department. 633 2. New Orleans Police Department. 636 3. Maricopa County Sheriff's Office. 638 B.... |
2016 |
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| Elijah Yip |
RETALIATION CLAIM OF POLICE OFFICER SUSPENDED FOR FACEBOOK POSTS SENT TO TRIAL |
21 Hawaii Employment Law Letter 3 (November 1, 2016) |
It's generally a good practice to set standards for employees' online conduct to prevent social media activity from disrupting the workplace or tarnishing your organization's reputation. But the mere fact that an employee commented on a controversial subject on social media doesn't necessarily justify disciplinary action. That's especially true... |
2016 |
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| Kevin Bennardo |
RETHINKING VICTIM-BASED STATUTORY SENTENCING ENHANCEMENTS |
44 Florida State University Law Review 1 (Fall, 2016) |
Punishment enhancements that are triggered by some trait of the victim are deeply entrenched in American criminal statutes. The research underlying this Article identified over 120 distinct traits that a victim could possess that would statutorily enhance the offender's punishment. These enhancements are often based on an inherent trait of the... |
2016 |
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| Rebekah Skiba |
RETURNING TO THE ROOTS OF THE CASTLE DOCTRINE: WHY RECENT STAND YOUR GROUND LAWS ARE IN LINE WITH THE NATURAL LAW |
10 Southern Journal of Policy and Justice 71 (Spring, 2016) |
As dusk befalls a warm September evening, Carefree Carrie walks down the street on her way home. Glimpsing a shady figure ahead, she cautiously crosses the street and keeps walking. The figure runs towards her waving something in her face exclaiming, Your money or your life! Perceiving a gun waved in her face and fearing for her life, Carrie... |
2016 |
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| Stephen B. Bright |
RIGGED: WHEN RACE AND POVERTY DETERMINE OUTCOMES IN THE CRIMINAL COURTS |
14 Ohio State Journal of Criminal Law 263 (Fall, 2016) |
A Pennsylvania newspaper recently reported that many people sentenced to death in that state since 2005 were represented by lawyers who were drug and alcohol addicts, had histories of mishandling cases or were convicted felons. Eighteen percent of those sentenced to death had been represented by lawyers who had been disciplined for professional... |
2016 |
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| Scott Wong |
Ryan calls for 'administrative action' against Clinton |
2016 The Hill 3608969 (July 6, 2016) |
Speaker Paul RyanPaul RyanRyan on Black Lives Matter: Have to respect different views Paul Ryan pans Trump's deportation plan Ryan scolds Ginsburg over Trump criticism MORE (R-Wis.) on Wednesday called on the State Department to take administrative action against Hillary ClintonHillary Rodham ClintonGOP platform gets Trump-ified Debate rages in... |
2016 |
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| |
Safety and Health |
33 Law Enforcement Employment Bulletin 8 (November 1, 2016) |
A new report by Campaign Zero indicates that police departments with several use-of-force rules in place experienced the lowest rate of officer-involved killings nationwide, reported Newsy.com recently. On its Web site, Campaign Zero outlined several areas where, in its view, use-of-force policies lack basic protections against police violence,... |
2016 |
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| Christopher N. Lasch |
SANCTUARY CITIES AND DOG-WHISTLE POLITICS |
42 New England Journal on Criminal and Civil Confinement 159 (Spring 2016) |
Before July 1, 2015, the story of the Sanctuary City had been told in three acts. Act One saw the rise of the Sanctuary City as a response to the perceived harshness of federal policy regarding El Salvadoran and Guatemalan refugees during the 1980s. San Francisco, for example, troubled by the low rate of asylum grants to the Central American... |
2016 |
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| Benjamin Hedin |
SCANNING THE HORIZON OF SOCIAL JUSTICE: WHAT IS THE WAY FORWARD? |
41 Human Rights 2 (2016) |
Plenty of issues warrant attention as we imagine the course social justice and civil rights will take in the years ahead. A partial list includes police brutality, the school-to-prison pipeline, new forms of voter suppression, the consolidation of wealth and fight for a living wage, and access to health care. Debate on these fronts will doubtless... |
2016 |
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| Barry Friedman |
SECRET POLICING |
2016 University of Chicago Legal Forum 99 (2016) |
This is a paper about secrecy and policing. It is written at a time of intense discussion about policing in America. There is widespread concern that policing agencies have lost the trust of the communities they are charged to police, and that the legitimacy of policing is at risk. Part of what is needed, no doubt, is greater transparency around... |
2016 |
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| Susan R. Klein |
SENTENCING REDUCTIONS versus SENTENCING EQUALITY |
47 University of Toledo Law Review 723 (Spring, 2016) |
THE Sentencing Reform Act of 1984 was enacted by an odd conglomeration of Democrats and Republicans who agreed that federal sentences should be based upon relevant offender and offense characteristics, not including such things as race, gender, geography, ideological bent of the sentencing judge, military service or the employment history of a... |
2016 |
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| Michele Goodwin , Naomi Duke, M.D. , Jaime Allgood |
SEX, DRUGS, & HIV: MASS INCARCERATION'S HIDDEN PROBLEM |
16 Houston Journal of Health Law & Policy 1 (2016) |
The United States' corrections system represents a significant source of HIV/AIDS risk that disproportionately impacts populations of color, as these populations experience disproportionately high rates of incarceration in the U.S. This Essay looks to the escalation of mass incarceration as a root cause for the dramatic and chilling rise in... |
2016 |
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| Kenneth H. Fox , Rashad Turner |
SHIFTING THE LOCUS OF POWER IN PUBLIC ENGAGEMENT: THE REVOLUTION WILL NOT BE FUNDED BY THE NON-PROFIT INDUSTRIAL COMPLEX |
42 Mitchell Hamline Law Review 1508 (2016) |
I. Diverse Expertise on Public Engagement from Symposium Theme Leaders. 1508 II. Public Engagement Scholarship Supports the Theme Leaders' Messages. 1509 III. Recognize Assumptions in Order to Challenge the Status Quo. 1511 IV. Who Initiates Public Engagement?. 1511 V. The Role of Community-Based Advocacy Organizations. 1514 VI. Even... |
2016 |
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| Scott Wong |
Speaker: Anti-terror bill will get vote |
2016 The Hill 3608965 (July 6, 2016) |
Facing a conservative revolt, Speaker Paul RyanPaul RyanRyan on Black Lives Matter: Have to respect different views Paul Ryan pans Trump's deportation plan Ryan scolds Ginsburg over Trump criticism MORE (R-Wis.) on Wednesday expressed confidence that anti-terrorism legislation would receive a vote on the House floor before Congress leaves town next... |
2016 |
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Spotlight |
12 Education Employment Law Bulletin 1 (November 1, 2016) |
by Rob Taylor, PhD One response by K-12 schools to the threat of people with guns opening fire on defenseless students has been the widespread hiring of school-based resource officers. A recent EdWeek report, citing the most up-to-date federal data, indicates that 30% of public schools reported that in 2013-2014 that they employed at least one... |
2016 |
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| Brenda V. Smith |
STORIES OF TEACHING RACE, GENDER, AND CLASS: A NARRATIVE |
51 Washington University Journal of Law & Policy 11 (2016) |
This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other. The primary planners and hosts for the conference were clinical teachers and programs in the... |
2016 |
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| Kathleen Nalty , © Kathleen Nalty Consulting LLC |
STRATEGIES FOR CONFRONTING UNCONSCIOUS BIAS |
45-MAY Colorado Lawyer 45 (May, 2016) |
So--what's in a name? Apparently, a lot. If you are named John, you will have a significant advantage over Jennifer when applying for a position, even if you both have the exact same credentials. If your name is Jose, you will get more callbacks if you change it to Joe. And if you're named Emily or Greg, you will receive 50% more callbacks for job... |
2016 |
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| Sarah E. Morris |
TACKLING WORKPLACE BULLYING IN TORT: EMERGING EXTREME AND OUTRAGEOUS CONDUCT TEST AVERTS NEED FOR STATUTORY SOLUTION |
31 ABA Journal of Labor & Employment Law 257 (Winter, 2016) |
In 2013, Jonathan Martin, a starter for the Miami Dolphins professional football team, checked into a local hospital for psychological treatment after a year of repeated harassment by three teammates. The players had made persistent graphic sexual remarks and obscene gestures about Martin's sister and mother. Martin's teammates bombarded him with... |
2016 |
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| Avram Bornstein, Anthony Marcus, Ric Curtis, Sarah Rivera, Rachel Swaner, John Jay College, CUNY, John Jay College, CUNY, John Jay College, CUNY, John Jay College, CUNY, Center for Court Innovation |
TELL IT TO THE JUDGE: PROCEDURAL JUSTICE AND A COMMUNITY COURT IN BROOKLYN |
39 PoLAR: Political and Legal Anthropology Review 206 (November, 2016) |
Based on direct observation inside and outside the courts and on interviews with one hundred residents and two hundred previous offenders, this article examines the performance of procedural justice in a community court in the Red Hook neighborhood in Brooklyn, New York. Results show that the community court is widely praised compared to the... |
2016 |
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| Cynthia Estlund |
THE "CONSTITUTION OF OPPORTUNITY" IN POLITICS AND IN THE COURTS |
94 Texas Law Review 1447 (June, 2016) |
Here is a proposition that most American progressives today would endorse: Widely shared economic opportunity and a broad middle class flanked by neither an underclass nor an oligarchic overclass are essential to the health of our polity. Joseph Fishkin and William Forbath, in their book in progress, are brilliantly excavating a once-powerful,... |
2016 |
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| Gerald N. Rosenberg |
THE BROKEN-HEARTED LOVER: ERWIN CHEMERINSKY'S ROMANTIC LONGINGS FOR A MYTHICAL COURT |
69 Vanderbilt Law Review 1075 (May, 2016) |
Introduction. 1076 I. The Role of the Supreme Court. 1078 II. Structural Limitations. 1083 A. The Selection Process. 1083 B. The Limits of Judicial Independence. 1085 III. Courts and Political Context. 1088 A. Dissident Speech, Racial Minorities, and War. 1088 B. Vindicating Rights. 1091 IV. The Institutional Constraints on Judicial Implementation.... |
2016 |
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| Najee K. Thornton |
THE CALIFORNIA LOTTERY: HAVE SUBSTANTIAL DELAYS IN EXECUTION AND DUE PROCESS FAILURES RENDERED CALIFORNIA'S DEATH PENALTY ADMINISTRATION UNCONSTITUTIONAL? |
59 Howard Law Journal 847 (Spring 2016) |
INTRODUCTION. 848 I. BACKGROUND. 853 A. The Current State of Death Penalty Administration in the United States and California. 853 B. The Nature of Delay in California's Death Penalty Administration. 854 C. The Result of California's Systemic Delay in Death Penalty Administration. 856 II. THE EIGHTH AMENDMENT'S BAN ON CRUEL AND UNUSUAL... |
2016 |
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