AuthorTitleCitationSummaryYearKey Terms
Nancy C. Marcus OUT OF BREATH AND DOWN TO THE WIRE: A CALL FOR CONSTITUTION-FOCUSED POLICE REFORM 59 Howard Law Journal 5 (Fall, 2015) INTRODUCTION (THE DEATH OF FREDDIE GRAY). 6 I. A BREATHTAKING SNAPSHOT IN TIME: FROM I CAN'T BREATHE TO FUCK YOUR BREATH AND BEYOND. 12 A. From I Can't Breathe to Fuck Your Breath: The Deaths of Eric Garner and Eric Harris. 12 B. Other Police Killings of Unarmed Black Men (and a Child) Between July 2014 and July 2015. 14 1. The Death of... 2015  
Charles R. Lawrence III PASSING AND TRESPASSING IN THE ACADEMY: ON WHITENESS AS PROPERTY AND RACIAL PERFORMANCE AS POLITICAL SPEECH 31 Harvard Journal on Racial & Ethnic Justice 7 (Spring 2015) Cheryl Harris begins her canonical piece, Whiteness as Property, by introducing her grandmother Alma. Fair skinned with straight hair and aquiline features, Alma passes so that she can feed herself and her two daughters. Harris speaks of Alma's daily illegal border crossing into this land reserved for whites. After a day's work, Alma returns home... 2015  
John Tehranian PLAYING COWBOYS AND IRANIANS: SELECTIVE COLORBLINDNESS AND THE LEGAL CONSTRUCTION OF WHITE GEOGRAPHIES 86 University of Colorado Law Review 1 (Winter 2015) This Article examines the selective invocation of colorblindness in legal and political discourse and argues that the trope has served as a powerful vehicle for the creation, perpetuation, and patrolling of white geographies--spaces characterized by an implicit hierarchy privileging white racial identity. After assessing the new rhetoric of race in... 2015  
Robin G. Steinberg POLICE POWER AND THE SCARING OF AMERICA: A PERSONAL JOURNEY 34 Yale Law and Policy Review 131 (Fall 2015) In America today, nearly 900, 000 men and women are granted general arrest powers. These officers are increasingly militarized, possessed of automatic weapons and armored vehicles, their departments sporting their own helicopters and boats-- amounting to a small air force and navy tasked with domestic law enforcement. This vast army of law... 2015  
L. Song Richardson POLICE RACIAL VIOLENCE: LESSONS FROM SOCIAL PSYCHOLOGY 83 Fordham Law Review 2961 (May, 2015) The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island,... 2015  
Kenneth Lawson POLICE SHOOTINGS OF BLACK MEN AND IMPLICIT RACIAL BIAS: CAN'T WE ALL JUST GET ALONG 37 University of Hawaii Law Review 339 (Spring, 2015) I am an invisible man. No, I am not a spook like those who haunted Edgar Allen Poe; nor am I one of your Hollywood movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Like the bodiless heads you see sometimes... 2015  
Karson Kampfe POLICE-WORN BODY CAMERAS: BALANCING PRIVACY AND ACCOUNTABILITY THROUGH STATE AND POLICE DEPARTMENT ACTION 76 Ohio State Law Journal 1153 (2015) I. Introduction. 1154 II. Current Use of Police-Worn Body Cameras. 1156 III. Benefits of Police-Worn Body Cameras. 1161 A. Mutual Benefits. 1162 B. Public Benefits. 1163 C. Police Benefits. 1164 1. Lawsuits and Civil Complaints. 1165 2. Training. 1166 3. Efficiency. 1166 4. Context. 1167 IV. Problems with Police-Worn Body Cameras. 1169 A. Negative... 2015  
Michael Pinard POOR, BLACK AND "WANTED": CRIMINAL JUSTICE IN FERGUSON AND BALTIMORE 58 Howard Law Journal 857 (Spring, 2015) INTRODUCTION. 857 I. THE TELLING OF TWO CITIES--DEMOGRAPHICS AND CRIMINAL JUSTICE. 862 II. STUCK IN THE SYSTEM: WARRANTS IN FERGUSON AND BALTIMORE. 867 III. POTENTIAL REFORMS--LESSONS FROM FERGUSON. 872 EPILOGUE. 877 2015  
Jennifer M. Chacón PRODUCING LIMINAL LEGALITY 92 Denver University Law Review 709 (2015) Inside and outside of the sphere of immigration law, liminal legal statuses are proliferating. These legal categories function simultaneously as a means to effectuate administrative resource conservation through community-oriented risk management strategies and as a form of preservation through transformation that enable governmental actors to... 2015  
Philip C. Aka, Aref A. Hervani, Elizabeth Arnott-Hill PROTECTION AGAINST THE ECONOMIC FEARS OF OLD AGE: SIX MICRO AND MACRO STEPS FOR BRIDGING THE GAP IN RETIREMENT SECURITY BETWEEN BLACKS AND WHITES 40 Vermont Law Review 1 (Fall, 2015) Introduction and Purpose of Study. 2 I. Depicting the Shape of the Retirement Security Gap Between Blacks and Whites. 7 II. Historical Backdrop: Protection Against the Economic Fears of Old Age. 15 III. A Parade of Six Micro and Macro Steps for Closing the Gap in Retirement Security Between Blacks and Whites. 23 A. Micro Steps. 26 1. Social... 2015  
Andrea Y. Simpson PUBLIC HAZARD, PERSONAL PERIL: THE IMPACT OF NON-GOVERNMENTAL ORGANIZATIONS IN THE ENVIRONMENTAL JUSTICE MOVEMENT 18 Richmond Journal of Law and the Public Interest 515 (Symposium 2015) I. Introduction II. The Environmental Justice Movement and Legal Remedies A. A Brief History of the Environmental Justice Movement B. Legal Remedies to Environmental Justice Claims III. Non-Governmental Organizations and Environmental Justice A. The Velsicol Chemical Corporation IV. The Elusiveness of Agency V. Conclusion Many of us who came of age... 2015  
Natsu Taylor Saito RACE AND DECOLONIZATION: WHITENESS AS PROPERTY IN THE AMERICAN SETTLER COLONIAL PROJECT 31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... 2015  
R.A. Lenhardt RACE, DIGNITY, AND THE RIGHT TO MARRY 84 Fordham Law Review 53 (October, 2015) Justice Kennedy's majority opinion in Obergefell v. Hodges asserts legal marriage's capacity to afford same-sex couples a measure of equal dignity and belonging too long denied. In this Essay, I ask whether there is any reason to believe that marriage could do the same for African Americans. Could broader entrance into marriage, as some... 2015  
Robert J. Smith REDUCING RACIALLY DISPARATE POLICING OUTCOMES: IS IMPLICIT BIAS TRAINING THE ANSWER? 37 University of Hawaii Law Review 295 (Spring, 2015) While public defenders, civil rights organizations, and academics have long championed the reduction of racially disparate policing outcomes, their chorus has added some transformational actors recently. Attorney General Eric Holder, for instance, has called for rigorous new standards to help end racial profiling. The police chief of Richmond,... 2015  
Chuck Henson REFLECTIONS ON FERGUSON: WHAT'S WRONG WITH BLACK PEOPLE? 80 Missouri Law Review 1013 (Fall, 2015) After Officer Darren Wilson shot and killed Michael Brown on August 9, 2014, it seemed as if it was the summer of 1967 again. The same series of events that happened in Newark and Detroit in 1967 happened in Ferguson, Missouri, in 2014. A white man shot and killed a black man. The predominantly black population protested, rioted, and looted. The... 2015  
Reginald Leamon Robinson SEEN BUT NOT RECOGNIZED: BLACK CAREGIVERS, CHILDHOOD CRUELTIES, AND SOCIAL DISLOCATIONS IN AN INCREASINGLY COLORED AMERICA 117 West Virginia Law Review 1273 (Spring, 2015) I. Introduction. 1274 II. A Child's Basic Need for Recognition: Does Childhood Cruelty Correlate with or Cause Social Dislocations (or Self-Perpetuating Pathologies)?. 1284 A. Miller, Perry, and van der Kolk: A Conceptual Framework. 1284 B. Our Nation's Most Preventable Cruelty. 1290 C. The Brain's Response to Present, Immediate Threat of Childhood... 2015  
Mario L. Barnes TAKING A STAND?: AN INITIAL ASSESSMENT OF THE SOCIAL AND RACIAL EFFECTS OF RECENT INNOVATIONS IN SELF-DEFENSE LAWS 83 Fordham Law Review 3179 (May, 2015) [I]t's time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if -- and the if is important -- no safe retreat is available. Perhaps, not surprisingly, the... 2015  
Scott L. Cummings TEACHING MOVEMENTS 65 Journal of Legal Education 374 (November, 2015) As a rule, I am not a fan of the wired classroom. Too many distractions. However, on November 24, 2014, I confronted a dilemma. The country was expecting an announcement from the St. Louis County prosecutor about whether a grand jury had decided to return an indictment against white police officer Darren Wilson, who had shot and killed an unarmed... 2015  
Michael C. Duff THE COWBOY CODE MEETS THE SMASH MOUTH TRUTH: MEDITATIONS ON WORKER INCIVILITY 117 West Virginia Law Review 961 (Spring, 2015) I. Introduction. 961 II. Channeling the Prince. 964 III. Welcome to the Grand Illusion. 967 IV. When All the Dime-Dancing Is Through. 970 V. A Moral Turn. 973 VI. The Ends of Resistance as Viewed by Workers. 976 VII. Transforming an Anti-Labor Environment. 980 VIII. A Beautiful Incivility. 981 IX. Conclusion: The Pursuit of Zealous Advocacy. 985 2015  
Jelani Jefferson Exum THE DEATH PENALTY ON THE STREETS: WHAT THE EIGHTH AMENDMENT CAN TEACH ABOUT REGULATING POLICE USE OF FORCE 80 Missouri Law Review 987 (Fall, 2015) The use of force by police officers has traditionally been analyzed through the lens of Fourth Amendment reasonableness. The Supreme Court has decided that the proper question regarding the excessiveness of police force is whether the police officer acted as a reasonable law enforcement officer. When that police force is fatal--what this Article... 2015  
Karena Rahall THE GREEN TO BLUE PIPELINE: DEFENSE CONTRACTORS AND THE POLICE INDUSTRIAL COMPLEX 36 Cardozo Law Review 1785 (June, 2015) Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police... 2015  
Marielle A. Moore THE NEXT STAGE OF POLICE ACCOUNTABILITY: LAUNCHING A POLICE BODY-WORN CAMERA PROGRAM IN WASHINGTON, D.C. 14 Seattle Journal for Social Justice 145 (Summer, 2015) We are not just out here because we want police reform. We are not just out here because we want police to wear cameras, and though we think that will help, we are not out here just because we think the police department is the problem. We're out here because there is a systematic and consistent effort to dehumanize and criminalize people of color... 2015  
Elizabeth B. Cooper THE POWER OF DIGNITY 84 Fordham Law Review 3 (October, 2015) When I was born, in 1961, the American Psychiatric Association (APA) considered homosexuality a mental disorder and the Stonewall Rebellion was eight years away. When I was in college, in the early 1980s, I was informed that as a gay person I might not satisfy the character and fitness requirement for admission to the bar. And when I attended my... 2015  
Harold McDougall THE REBELLIOUS LAW PROFESSOR: COMBINING CAUSE AND REFLECTIVE LAWYERING 65 Journal of Legal Education 326 (November, 2015) In 1992, Gerald López argued that progressive lawyering requires the practitioner to rethink the practice of law, the needs of the community, and the relationship between the two. He urged progressive lawyers to rebel against reigning (regnant ) patterns of law and practice that serve only to reinforce the established order and alienate... 2015  
Joey L. Mogul THE STRUGGLE FOR REPARATIONS IN THE BURGE TORTURE CASES: THE GRASSROOTS STRUGGLE THAT COULD 21 Public Interest Law Reporter 209 (Symposium, 2015) On May 6, 2015, the City of Chicago passed unprecedented legislation providing reparations to Black people tortured by a former Chicago Police Commander and a ring of detectives under his command. This historic moment was the culmination of a forty-year struggle that involved decades of litigation, organizing and investigative journalism. It is... 2015  
Vinay Harpalani TO BE WHITE, BLACK, OR BROWN? SOUTH ASIAN AMERICANS AND THE RACE-COLOR DISTINCTION 14 Washington University Global Studies Law Review 609 (2015) People often use race and color terminology interchangeably in common parlance. When the renowned African American scholar W.E.B. Du Bois stated that the problem of the twentieth century is the problem of the color line, he was referring to rampant and overt racism faced by African Americans and non-European peoples all over the world. Within the... 2015  
Hannah Jayne Peck TRADEMARKING TRAGEDY: THE EMERGENCE OF A NEW PHENOMENON AND HOW TRADEMARK LAW AND POLICY MUST REACT IN A DIGITAL AGE 18 Tulane Journal of Technology and Intellectual Property 203 (Fall 2015) I. Introduction. 204 II. General Overview of Trademark Protection. 205 III. Classifying a Mark Using the Second Circuit's Abercrombie & Fitch Co. v. Hunting World Inc. Distinctiveness Spectrum To Determine the Level of Protection. 206 IV. Intersection of Trademark Law and Human Tragedy. 207 A. Boston Strong: In-Depth Analysis of an Attempt To... 2015  
Sherri Lee Keene VICTIM OR THUG? EXAMINING THE RELEVANCE OF STORIES IN CASES INVOLVING SHOOTINGS OF UNARMED BLACK MALES 58 Howard Law Journal 845 (Spring, 2015) INTRODUCTION. 845 I. DIVERSE PERSPECTIVES ABOUT THE ROLE OF RACE IN THE AMERICAN LEGAL SYSTEM. 847 II. THE ROLE OF STORIES IN JURY DECISION-MAKING. 849 III. STORIES ABOUT UNARMED AFRICAN AMERICAN MALES SHOT BY POLICE. 851 IV. ADDRESSING RACE IN THE COURTROOM. 854 2015  
Samuel Issacharoff VOTING RIGHTS AT 50 67 Alabama Law Review 387 (2015) The fiftieth anniversary of the Voting Rights Act comes at a difficult juncture. The Supreme Court's decision in Shelby County dismantled the core preclearance provisions of what had been the most successful civil rights law in American history. At the same time, the right to cast a ballot free of unnecessary legal encumbrances is more contested... 2015  
Steven P. Aggergaard WHEN "PUBLIC SPACE" ISN'T PUBLIC 72-JUN Bench and Bar of Minnesota 28 (May/June, 2015) The Black Lives Matter protesters who rallied inside the Mall of America last December drew attention not only to police practices and race relations, but also the rights to assemble and speak at shopping malls and other private property. Or, stated more accurately, the lack of such rights. The protesters were warned that the law of the mall had... 2015  
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