AuthorTitleCitationSummaryYearKey Terms
G. Flint Taylor THE LONG PATH TO REPARATIONS FOR THE SURVIVORS OF CHICAGO POLICE TORTURE 11 Northwestern Journal of Law & Social Policy 330 (Spring, 2016) In the early 1970s, a Chicago police detective named Jon Burge began a nearly twenty-year reign of police terror that was visited upon more than 120 almost exclusively African-American men who were interrogated at police stations on the South and West sides of Chicago. Burge, working with a unit of white detectives who came to be known as the... 2016  
Tomiko Brown-Nagin THE MENTORING GAP 129 Harvard Law Review Forum 303 (May, 2016) Recent protests on college campuses have exposed a paradox. Despite universities' commitment to diversity, true inclusion -- a sense of community across lines of race, class, and culture -- can be elusive in higher education. Initially thrilled to receive offers of admission to selective universities, students from underrepresented communities... 2016  
Mark S. Brodin THE MURDER OF BLACK MALES IN A WORLD OF NON-ACCOUNTABILITY: THE SURREAL TRIAL OF GEORGE ZIMMERMAN FOR THE KILLING OF TRAYVON MARTIN 59 Howard Law Journal 765 (Spring 2016) Nothing predicts future behavior as much as past impunity. [N]othing makes you feel more black in America than experiencing police mistreatment. Very few modern oppressions convey the permanence of racism-- individual and institutional--like the ritual of unpunished police abuse. In the face of the ugly violence against civil rights protesters... 2016  
Kate Andrias THE NEW LABOR LAW 126 Yale Law Journal 2 (October, 2016) Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law's most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several... 2016  
Steven Shapiro , Melissa Murray , Kevin M. Cathcart , Eliza Byard THE NEXT CHAPTER IN THE STRUGGLE FOR LGBTQIA EQUALITY: TRANSCRIPT 19 NYU Journal of Legislation and Public Policy 469 (2016) This panel explored issues that continue to pose challenges for the lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA) community in the wake of the Supreme Court's decision in Obergefell v. Hodges, and that are now at the forefront of the movement for LGBTQIA rights. This includes second generation issues that arise... 2016  
Lisa Blomgren Amsler THE NEXT GENERATION'S VOICE: COMMUNITY, CONFLICT, AND DEMOCRACY 31 Ohio State Journal on Dispute Resolution 151 (2016) I. Introduction A. Collaborative Governance and the NextGen's Voice B. What Challenges Face the NextGen? II. Is Democracy at Risk for the NextGen? Elections and Voting Rights A. What Factors Affect the Next Gen's Electoral Participation? B. Community, Civic Engagement, and the NextGen C. What Does the NextGen Want? D. The Big Picture: Democracy and... 2016  
Fanna Gamal THE RACIAL POLITICS OF PROTECTION: A CRITICAL RACE EXAMINATION OF POLICE MILITARIZATION 104 California Law Review 979 (August, 2016) Across the country, police departments are using aggressive, military-style tactics and weapons to enforce the law. More recently, the state of police militarization displayed in cities like Ferguson and Baltimore raises deep questions about the ethics of paramilitary policing and its consequences for minority citizenship and inclusion. This Note... 2016  
Jasper L. Tran THE RIGHT TO ATTENTION 91 Indiana Law Journal 1023 (Spring, 2016) In the future, our attention will be sold. What marketing, contracts, and healthcare-specifically informed consent and mandatory ultrasounds-have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator's perspective (e.g., how much information the communicator discloses) or on... 2016  
Devon O'Connell THE RULE OF LAW: A LAWYER'S ROLE 39-OCT Wyoming Lawyer 18 (October, 2016) If men were angels, no government would be necessary. ~ James Madison, Federalist #51 The theme for this year's Bar Convention was Rule of Law, Justice for All. For those of you who could not attend and/or live streamed, the opening session dealt solely and squarely with this issue. The speaker was Lt. General Rich Harding, an expert in the... 2016  
Paul Butler THE SYSTEM IS WORKING THE WAY IT IS SUPPOSED TO: THE LIMITS OF CRIMINAL JUSTICE REFORM 104 Georgetown Law Journal 1419 (August, 2016) Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made... 2016  
Darrell A.H. Miller THE THIRTEENTH AMENDMENT, DISPARATE IMPACT, AND EMPATHY DEFICITS 39 Seattle University Law Review 847 (Spring, 2016) C1-2Contents Introduction. 847 I. Disparate Impact History, Taxonomy, and Etiology. 849 II. Slavery and Empathy Deficits: Emancipation, Emigration, and Invisible Hands. 854 L1-2III. Badges of Slavery, Empathy Deficits, and the Thirteenth Amendment. 855 Conclusion. 857 2016  
Yxta Maya Murray THE TYRANNY OF SMALL THINGS 22 Michigan Journal of Race and Law 1 (Fall, 2016) In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original... 2016  
John G. Malcolm THE WAR ON COPS: HOW THE NEW ATTACK ON LAW AND ORDER MAKES EVERYONE LESS SAFE, BY HEATHER MAC DONALD 17 Federalist Society Review 68 (October, 2016) Note from the Editor: This book review supports the basic contentions of Heather Mac Donald's controversial book about crime and policing, while criticizing its tone and some of its assumptions. The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we... 2016  
Jonathan Blanks THIN BLUE LIES: HOW PRETEXTUAL STOPS UNDERMINE POLICE LEGITIMACY 66 Case Western Reserve Law Review 931 (Summer, 2016) C1-2Contents Introduction. 931 I. The Role of Police Legitimacy. 932 II. The Social Impacts of Pretextual Stops. 933 III. Pretextual Stops Rest on Legal Fictions. 935 IV. Procedural Justice as Legitimacy Tool. 937 V. The Pretextual Stop is a Dishonest Practice Incompatible with Procedural Justice. 940 VI. Changing Institutional Incentives. 942 VII.... 2016  
Donald F. Tibbs TOWARDS AN ABOLITION DEMOCRACY: THE DEATH PENALTY, CIRCA 2015 25 Widener Law Journal 83 (2016) And until the American Negro lets the white man know that we are really ready and willing to pay the price that is necessary for freedom our people will always be walking around here second-class citizens or what you call 20th century slaves. The price of freedom is death. --Malcolm X There is a type-persona for whom a movement fights and there is... 2016  
Alysha L. Bohanon TWEETING THE POLICE: BALANCING FREE SPEECH AND DECENCY ON GOVERNMENT-SPONSORED SOCIAL MEDIA PAGES 101 Minnesota Law Review 341 (November, 2016) Imagine that you are the police chief for a small suburban city in the Midwest. The department is considering launching an official Facebook page, where members of the community can receive updates on police business and new city ordinances, read about crime alerts or big cases solved, and interact with the department through public comments or... 2016  
Otis S. Johnson TWO WORLDS: A HISTORICAL PERSPECTIVE ON THE DICHOTOMOUS RELATIONS BETWEEN POLICE AND BLACK AND WHITE COMMUNITIES 42 Human Rights 6 (2016) The collective memories and the current views of blacks and whites about their relationship with the police in the United States are very different. Pew Research Center and Gallup polling data have consistently found racial differences in the black and white views of how police deal with minorities. Gallup combined 2011-2014 data showed that blacks... 2016  
Jan C. Ting U.S. IMMIGRATION POLICY AND PRESIDENT OBAMA'S EXECUTIVE ORDER FOR DEFERRED ACTION 66 Syracuse Law Review 65 (2016) Introduction. 65 I. President Obama's Deferred Action Plan Is Unwise and Bad Policy. 69 II. Instead of Paying Taxes, Illegal Immigrants Receiving Work Authorization Under President Obama's Executive Order May Receive Refundable Earned Income Tax Credits, Even for Prior Years When Working Illegally. 70 III. President Obama's Executive Order for... 2016  
Deborah Tuerkheimer UNDERENFORCEMENT AS UNEQUAL PROTECTION 57 Boston College Law Review 1287 (September, 2016) Abstract: Rape law is largely underenforced. Yet criticism of policing practices has myopically focused on enforcement excesses, thus overlooking the problem of the state withholding protective resources. This neglect is particularly troubling where sexual violence is at issue. Empirical evidence demonstrates the operation of pervasive biases in... 2016  
Russell K. Robinson UNEQUAL PROTECTION 68 Stanford Law Review 151 (January, 2016) Abstract. During the last thirty years, the Supreme Court has steadily diminished the vigor of the Equal Protection Clause. It has turned away people of color who protest systems such as racialized mass incarceration because their oppression does not take the form of a racial classification. It has diluted the protections of intermediate scrutiny... 2016  
Tahir Duckett UNREASONABLY IMMUNE: RETHINKING QUALIFIED IMMUNITY IN FOURTH AMENDMENT EXCESSIVE FORCE CASES 53 American Criminal Law Review 409 (Spring, 2016) In January 2007, sixteen-year-old Michael Fenwick pulled his car into the parking lot of an apartment complex in Washington, D.C. Three nearby police officers watched Fenwick struggle, and fail, to correctly park his car before entering the apartment building. The officers observed this failure, Fenwick's youthful appearance, and a broken lock on... 2016  
Stephen Rushin USING DATA TO REDUCE POLICE VIOLENCE 57 Boston College Law Review 117 (January, 2016) Abstract: Congress passed the Death in Custody Reporting Act in 2014, which created a national database on civilian deaths caused by law enforcement. The Federal Bureau of Investigations and the Bureau of Justice Statistics have subsequently also announced new efforts to collect data on the frequency of deadly encounters between law enforcement and... 2016  
  WATCH: Obama speaks at memorial for fallen Dallas officers (July 12, 2016) Mr. President and Mrs. Bush; my friend 2016  
Lisa R. Pruitt WELFARE QUEENS AND WHITE TRASH 25 Southern California Interdisciplinary Law Journal 289 (Spring 2016) I. INTRODUCTION. 289 II. A BRIEF HISTORY OF WHITE TRASH. 291 III. WHITENESS IN CRITICAL RACE THEORY. 295 IV. CALLS FOR GREATER VISIBILITY OF WHITE POVERTY, BUT WITH WHAT CONSEQUENCES?. 299 V. HOW CAN WE ATTRACT MORE PUBLIC AND GOVERNMENT SUPPORT FOR THE POOR?. 304 VI. CONCLUSION. 309 The welfare queen is widely recognized as a racialized... 2016  
Ann Cammett WELFARE QUEENS REDUX: CRIMINALIZING BLACK MOTHERS IN THE AGE OF NEOLIBERALISM 25 Southern California Interdisciplinary Law Journal 363 (Spring 2016) The recent outcry that has accompanied the killing of black men and boys has had the effect of shedding light on the ways in which black people are vilified in order to justify the fear and loathing of others. Historically, the high proportion of arrests and prosecutions of African American men also has shaped the discourse of crime itself,... 2016  
Emily S. Zia WHAT SIDE ARE WE ON? A CALL TO ARMS TO THE ASIAN AMERICAN COMMUNITY 23 Asian American Law Journal 169 (2016) Introduction. 169 I. The Complicated History of Asian Americans and Affirmative Action. 175 A. A Quick History of Affirmative Action in California. 175 B. The Ideological Debate Over Asian Americans' Stance on Affirmative Action. 180 II. The SCA5 Debate. 183 III. Racial Triangulation and the Dangers of Honorary Whiteness . 187 IV. A Call to Arms.... 2016  
Richard A. Bierschbach , Stephanos Bibas WHAT'S WRONG WITH SENTENCING EQUALITY? 102 Virginia Law Review 1447 (October, 2016) Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism... 2016  
Jonathan D. Glater WHEN A REPORTER ENTERS A BAMBOO GROVE: REFLECTIONS ON SERIAL 13 Ohio State Journal of Criminal Law 503 (Spring, 2016) In the classic short story In a Bamboo Grove, by Ryunosuke Akutagawa, the statements of various witnesses to a murder move the reader ever closer to knowing what happened, but then begin to conflict, to veer in unexpected directions. The more the characters speak of what they saw or did, the more each narrative casts doubt on the others and the... 2016  
Joanna C. Schwartz WHO CAN POLICE THE POLICE? 2016 University of Chicago Legal Forum 437 (2016) Recent police killings have prompted a national conversation about the need for police reform. Most of the conversation has concerned the types of reforms that might improve policing. Equal consideration should be given to which actors can most effectively pursue these reforms. In this Essay, I suggest three qualities that police reformers need in... 2016  
Samuel R. Bagenstos WHO IS RESPONSIBLE FOR THE STEALTH ASSAULT ON CIVIL RIGHTS? 114 Michigan Law Review 893 (April, 2016) No Day in Court: Access to Justice and the Politics of Judicial Retrenchment. By Sarah Staszak. Oxford and New York: Oxford University Press. 2015. Pp. x, 222. $29.95. On March 31, 2015, the Supreme Court decided Armstrong v. Exceptional Child Center, Inc. In Armstrong, the Court barred Medicaid providers from obtaining injunctive relief against... 2016  
Joshua Hegarty, Mitchell Hamline School of Law WHO WATCHES THE WATCHMEN? HOW PROSECUTORS FAIL TO PROTECT CITIZENS FROM POLICE VIOLENCE 37 Mitchell Hamline Law Journal of Public Policy and Practice 305 (Fall, 2016) Prosecutors are arguably the most powerful agents of the criminal justice system. It is not an uncommon sentiment expressed within the legal community, whether for law students, practicing attorneys, and former prosecutors, that it is a position for attorneys who play to win. Prosecutors often do win, but in large part, it is because their... 2016  
W. Bradley Wendel WHOSE TRUTH? OBJECTIVE AND SUBJECTIVE PERSPECTIVES ON TRUTHFULNESS IN ADVOCACY 28 Yale Journal of Law & the Humanities 105 (Winter, 2016) A lawyer confronts many features of the world that are given, inflexible, and must simply be dealt with; at the same time, she has latitude for creativity, for the exercise of skill and judgment toward the realization of the client's ends. This is true for lawyers acting in various capacities, including as counselors of clients and transactional... 2016  
Lewis R. Katz WHREN AT TWENTY: SYSTEMIC RACIAL BIAS AND THE CRIMINAL JUSTICE SYSTEM 66 Case Western Reserve Law Review 923 (Summer, 2016) Street relations between the police and African-American communities have seemingly reached new levels of conflict, or else body cams and cell phones are finally disclosing the extent and truth about such interactions. The Cleveland officers who shot and killed Tamir Rice claimed that they had ordered him three times to drop the realistic toy gun... 2016  
Roseanna Sommers WILL PUTTING CAMERAS ON POLICE REDUCE POLARIZATION? 125 Yale Law Journal 1304 (March, 2016) In the wake of national outrage and polarization over several high-profile police shootings of unarmed citizens, reformers have called for police officers to wear body cameras. This Note argues that, despite the seeming objectivity of the camera, video footage remains susceptible to biased interpretation by observers such as grand jurors. Reporting... 2016  
Amy Laura Cahn, Paula Z. Segal YOU CAN'T COMMON WHAT YOU CAN'T SEE: TOWARDS A RESTORATIVE POLYCENTRISM IN THE GOVERNANCE OF OUR CITIES 43 Fordham Urban Law Journal 195 (March, 2016) Introduction. 196 I. Community Land Stewards in the Twentieth Century North American City. 200 A. Why Garden?. 200 B. Are Community Gardens Commons?. 205 C. Visiting the Greens. 207 1. Philadelphia, 1937-2005. 207 2. New York, 1974-1998. 209 II. The Invisibility of Community-Stewarded Space. 211 A. Tax Place: Debt Is More Valuable Than a Garden.... 2016  
David A. Thompson YOU HAVE THE RIGHT TO UNDERSTAND MIRANDA: A PROPOSAL FOR THE NEXT 50 YEARS 63-JUL Federal Lawyer 50 (July, 2016) The landmark case of Miranda v. Arizona turns 50 this year. From Jack Lord to Peter Falk, from Jerry Orbach to Mariska Hargitay, during these five decades television cops have unvaryingly begun to intone, You have the right to remain silent . the moment their suspect is handcuffed. Nothing could be more clear-cut than the rule of Miranda . as... 2016  
Craig B. Futterman, Chaclyn Hunt, Jamie Kalven YOUTH/POLICE ENCOUNTERS ON CHICAGO'S SOUTH SIDE: ACKNOWLEDGING THE REALITIES 2016 University of Chicago Legal Forum 125 (2016) This paper highlights the critical importance of acknowledging the reality of Black teenagers' experiences with the police. Public conversations about urban police practices tend to exclude the perspectives and experiences of young Black people, the citizens most affected by those practices. The aim of the Youth/Police Project--a collaboration of... 2016  
Alison Hill POLITICAL ACTIVISM: CHICAGO POLITICIANS' SILENCE WHEN BLACK LIVES MATTER 21 Public Interest Law Reporter 72 (Fall 2015) The Black Lives Matter (BLM) movement has pressured Democratic politicians on the national stage to take a hard stance on police brutality, excessive force, and misconduct, yet the BLM network has not endorsed one candidate for president. The presidential campaign acts as an easy avenue for BLM to get their message to the masses by forcing a... 2015 Most Relevant
Alison Hill POLITICAL ACTIVISM: CHICAGO POLITICIANS' SILENCE WHEN BLACK LIVES MATTER 21 Public Interest Law Reporter 72 (Fall 2015) The Black Lives Matter (BLM) movement has pressured Democratic politicians on the national stage to take a hard stance on police brutality, excessive force, and misconduct, yet the BLM network has not endorsed one candidate for president. The presidential campaign acts as an easy avenue for BLM to get their message to the masses by forcing a... 2015 Most Relevant
  RADTALKS: WHAT COULD BE POSSIBLE IF THE LAW REALLY STOOD FOR BLACK LIVES? 19 CUNY Law Review 91 (Winter 2015) I. Introduction: Purvi Shah. 91 II. Colette Pichon Battle. 95 III. Vincent Warren. 103 IV. Alicia Garza. 107 V. Elle Hearns. 111 VI. Carl Williams. 113 VII. Norris Henderson. 117 VIII. Umi Selah. 121 IX. Maurice Moe Mitchell. 126 2015 Most Relevant
  RADTALKS: WHAT COULD BE POSSIBLE IF THE LAW REALLY STOOD FOR BLACK LIVES? 19 CUNY Law Review 91 (Winter 2015) I. Introduction: Purvi Shah. 91 II. Colette Pichon Battle. 95 III. Vincent Warren. 103 IV. Alicia Garza. 107 V. Elle Hearns. 111 VI. Carl Williams. 113 VII. Norris Henderson. 117 VIII. Umi Selah. 121 IX. Maurice Moe Mitchell. 126 2015 Most Relevant
Charles R. Lawrence III THE FIRE THIS TIME: BLACK LIVES MATTER, ABOLITIONIST PEDAGOGY AND THE LAW 65 Journal of Legal Education 381 (November, 2015) It seems as if I have been teaching Ferguson all of my adult life. In the fall of 1964 I applied to Yale Law School, and the admissions office encouraged me to supplement my written application with an interview. As I rode a Greyhound bus to New Haven I read James Baldwin's The Fire Next Time, a paperback copy purchased for seventy-five cents... 2015 Most Relevant
Charles R. Lawrence III THE FIRE THIS TIME: BLACK LIVES MATTER, ABOLITIONIST PEDAGOGY AND THE LAW 65 Journal of Legal Education 381 (November, 2015) It seems as if I have been teaching Ferguson all of my adult life. In the fall of 1964 I applied to Yale Law School, and the admissions office encouraged me to supplement my written application with an interview. As I rode a Greyhound bus to New Haven I read James Baldwin's The Fire Next Time, a paperback copy purchased for seventy-five cents... 2015 Most Relevant
Dr. Jeremy I. Levitt "FUCK YOUR BREATH": BLACK MEN AND YOUTH, STATE VIOLENCE, AND HUMAN RIGHTS IN THE 21ST CENTURY 49 Washington University Journal of Law & Policy 87 (2015) During bad circumstances, which is the human inheritance, you must decide not to be reduced. You have your humanity, and you must not allow anything to reduce that. We are obliged to know we are global citizens. Disasters remind us we are world citizens, whether we like it or not. --Maya Angelou I cherish my breath; it is an invaluable gift that I... 2015  
Zach Newman "HANDS UP, DON'T SHOOT": POLICING, FATAL FORCE, AND EQUAL PROTECTION IN THE AGE OF COLORBLINDNESS 43 Hastings Constitutional Law Quarterly 117 (Fall 2015) For our civilized world is nothing but a masquerade. - Arthur Schopenhauer, 1851 When people come to believe that a system offers them nothing, they have nothing to lose by burning it down. - Erwin Chemerinsky, 1993 Every time you see me, you want to mess with me. - Eric Garner, 2014 And we hate po-po, wanna kill us dead in the street for sure. -... 2015  
Nickolas Kaplan "REPARATIONS NOW!": MUNICIPAL REPARATIONS, INTERNATIONAL TRIBUNALS, AND THE CHICAGO TORTURE JUSTICE MEMORIALS CAMPAIGN 20 Public Interest Law Reporter 116 (Spring, 2015) Chicago is an epicenter of systemic anti-black state violence. The murder of Fred Hampton, the torture ring of Chicago Police Department Commander Jon Burge, and the domestic equivalent of CIA black site at Homan Square are just the tip of the iceberg. Almost 500 people have been killed by U.S. law enforcement in 2015 as of June 1, with the... 2015  
RuJ. Garrett A CALL FOR PROPHYLACTIC MEASURES TO SAVE "SOULS TO THE POLLS": IMPORTING A RETROGRESSION ANALYSIS IN ยง 2 OF THE VOTING RIGHTS ACT 2015 University of Chicago Legal Forum 633 (2015) Sunday and the African-American community's ability to exercise its right to vote are historically connected. On Sunday, March 7, 1965, six hundred people marched from Selma to Montgomery to peacefully protest both the recent murder of a key voting rights activist and the ongoing exclusion of African Americans from the electoral process. The police... 2015  
Alan J. Gocha A CALL FOR REALISM IN THE JUSTICE SYSTEM: WHY CRIMINAL DEFENSE ATTORNEYS SHOULD TAKE RACE INTO ACCOUNT WHEN ADVISING CLIENTS 28 Georgetown Journal of Legal Ethics 547 (Summer, 2015) The recent killings of Michael Brown and Eric Garner have reinvigorated a contentious national debate about racism in the criminal justice system. On August 9, 2014 in Ferguson, Missouri, Officer Darren Wilson shot and killed Michael Brown--an unarmed black teenager. After word spread through the media and the community that Brown was shot with his... 2015  
William P. Quigley A LETTER TO SOCIAL JUSTICE ADVOCATES: THIRTEEN LESSONS LEARNED BY KATRINA SOCIAL JUSTICE ADVOCATES LOOKING BACK TEN YEARS LATER 61 Loyola Law Review 623 (Fall 2015) I. INTRODUCTION. 623 II. OUR STORIES. 626 A. Local Lawyers. 627 B. Advocates. 666 C. Students Who Later Became Lawyers. 670 III. LESSONS LEARNED. 688 IV. CONCLUSION. 703 2015  
Melissa Mortazavi A NO-FAULT REMEDY FOR LEGAL MALPRACTICE? 44 Hofstra Law Review 471 (Winter 2015) The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Some have estimated that as many as one in five attorneys is sued for legal malpractice over the course of their careers. Malpractice insurance... 2015  
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