AuthorTitleCitationSummaryYearKey Terms
  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 § 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  
Joshua J. Schroeder, J.D. AMERICA'S WRITTEN CONSTITUTION: REMEMBERING THE JUDICIAL DUTY TO SAY WHAT THE LAW IS 43 Capital University Law Review 833 (Fall, 2015) Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine . . . reduces to nothing what we have deemed the greatest improvement on political institutions - a... 2015  
Gilbert Rivera ARMED NOT MILITARIZED: ACHIEVING REAL POLICE MILITARIZATION 20 Berkeley Journal of Criminal Law 227 (Fall 2015) Police Militarization is a hot-button topic. The highly publicized events in Ferguson, after the tragic death of Michael Brown, and the grand jury choosing not to press charges against police officer Darren Wilson, nationally showcased a militarized police response to public protests. Media coverage showed Ferguson police in armored vehicles,... 2015  
Linda Sheryl Greene BEFORE AND AFTER MICHAEL BROWN --TOWARD AN END TO STRUCTURAL AND ACTUAL VIOLENCE 49 Washington University Journal of Law & Policy 1 (2015) Prologue--The Kerner Comission. 2 I. Introduction--Before and Beyond Michael Brown. 3 II. Reinterpreting Deadly Force. 3 A. The Benign Dominant Narrative. 3 B. The Insurgent Narrative. 3 C. A History of Racial Violence. 9 D. The Psychological Turn. 16 E. Deadly and Excessive Force and Police Culture. 17 III. A Structure of Violence. 20 A.... 2015  
Aleatra P. Williams BENEATH THE STAINS OF TIME: THE BANALITY OF RACE, THE HOUSING AND FORECLOSURE CRISIS, AND THE FINANCIAL GENOCIDE OF MINORITIES 24 Boston University Public Interest Law Journal 247 (Summer 2015) I. Introduction. 247 II. The Conceptualization of Race & Socially Accepted Racial Hierarchies. 251 III. Homeownership in the U.S.. 257 IV. Lending discrimination during the housing and foreclosure crisis. 262 A. Lending Discrimination Laws and Enforcement Agencies. 264 B. Left Behind: Minorities During the Housing and Foreclosure Crisis. 271 V. The... 2015  
Kim D. Chanbonpin BETWEEN BLACK AND WHITE: THE COLORING OF ASIAN AMERICANS 14 Washington University Global Studies Law Review 637 (2015) While reporting on the civil unrest that followed the police killing of Mike Brown in Ferguson, Missouri last August, Fox News host Bill O'Reilly became enraged when his guest Megyn Kelly suggested that race-based privilege shields White people from police violence while it simultaneously subordinates Black people. After the brief on-air debate,... 2015  
Mike Lillis Black Dems warn of erosion of civil rights 2015 The Hill 5566203 (September 15, 2015) Leading black Democrats warned Tuesday that the civil rights victories of the last 50 years are under threat. 2015  
Mike Lillis Black lawmakers back disruptions of Sanders, Democrats' events 2015 The Hill 4758582 (August 13, 2015) Black lawmakers on Capitol Hill are defending the young activists using confrontation to press top Democratic presidential candidates to tackle the nation's protracted problems of racial injustice. 2015  
Vickie Casanova Willis, Standish E. Willis BLACK PEOPLE AGAINST POLICE TORTURE: THE IMPORTANCE OF BUILDING A PEOPLE-CENTERED HUMAN RIGHTS MOVEMENT 21 Public Interest Law Reporter 235 (Symposium, 2015) Sometimes history takes things into its own hands. - Thurgood Marshall That power concedes nothing without a demand is an oft-quoted concept. When Frederick Douglass made this declaration in 1857 as part of his West India Emancipation speech, he also foretold the Chicago Police Torture saga in stating Who would be free, themselves must strike... 2015  
Laura Merkey BUILDING TRUST AND BREAKING DOWN THE WALL: THE USE OF RESTORATIVE JUSTICE TO REPAIR POLICE-COMMUNITY RELATIONSHIPS 80 Missouri Law Review 1133 (Fall, 2015) The town of Ferguson, Missouri, captured national attention when a grand jury failed to indict Darren Wilson, a white police officer who shot and killed Michael Brown, an unarmed black teenager, three months prior. Similar citizen deaths involving police in both New York City and Cleveland have magnified the tensions felt across the country, and in... 2015  
Sarah Rivkin Smoler CENTRIC CHARTER SCHOOLS: WHEN SEPARATE MAY BE EQUAL 10 Northwestern Journal of Law & Social Policy 319 (Spring, 2015) Introduction. 320 I. Brown And Its Progeny. 324 II. Charter Schools: What They Are And The Development Of Centric Charter Schools. 328 A. What are Charter Schools?. 329 B. Charter Schools in Chicago and the Emergence of Centric Charter Schools. 332 III. Why Centric Charter Schools Are Constitutional Despite Segregation Between Majority And Minority... 2015  
Eric J. Miller CHALLENGING POLICE DISCRETION 58 Howard Law Journal 521 (Winter, 2015) Law enforcement officials have tremendous discretion to determine the amount and style of policing that occurs in their jurisdiction. They decide which crimes or suspects to pursue, which communities or locations to target for policing, the best methods to prevent or respond to crime, and how best to balance prevention and detection. These policy... 2015  
  CHAPTER FOUR CONSIDERING POLICE BODY CAMERAS 128 Harvard Law Review 1794 (April, 2015) One evening in early December 2014, thousands of people gathered on the historic Boston Common, not to view the annual Christmas-tree lighting, but to add their voices to a growing movement. They carried with them signs inscribed with the mantras of that movement--phrases like Hands Up, Don't Shoot and Black Lives Matter--and they joined... 2015  
Austin Spillar CIVIL ASSET FORFEITURE REFORM: IS CHICAGO MAKING THE GRADE? 21 Public Interest Law Reporter 67 (Fall 2015) Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it legal robbery, while law enforcement sees it as a tool to fight crime and... 2015  
Michael L. Perlin , Catherine Barreda , Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn CREATING A "BUILDING A DISABILITY RIGHTS INFORMATION CENTER FOR ASIA AND THE PACIFIC CLINIC": OF PEDAGOGY AND SOCIAL JUSTICE 17 Marquette Benefits & Social Welfare Law Review 1 (Fall 2015) This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a... 2015  
Mario L. Barnes CRIMINAL JUSTICE FOR THOSE (STILL) AT THE MARGINS--ADDRESSING HIDDEN FORMS OF BIAS AND THE POLITICS OF WHICH LIVES MATTER 5 UC Irvine Law Review 711 (November, 2015) Americans believe in the reality of race as a defined, indubitable feature of the natural world. Racism--the need to ascribe bone-deep features to people and then humiliate, reduce, and destroy them--inevitably follows from this inalterable condition. In this way, racism is rendered as the innocent daughter of Mother Nature, and one is left to... 2015  
Anna Stolley Persky DAMAGING SPEECH 101-NOV ABA Journal 15 (November, 2015) Michigan State University student Duncan Tarr knew he could face criminal trespass charges when he decided to protest the construction of a pipeline that would transport crude oil known as tar sands from Canada through Michigan. Tarr and Dylan Ochala-Gorka, a carpenter, put U-locks around their necks and connected themselves to a truck to block... 2015  
Rukiya Mohamed DEATH BY COP: THE LESSONS OF FERGUSON PROVE THE NEED FOR SPECIAL PROSECUTORS 59 Howard Law Journal 271 (Fall, 2015) INTRODUCTION. 272 I. MECHANISMS FOR STATE SPECIAL PROSECUTOR APPOINTMENTS. 275 A. What is a Special Prosecutor?. 276 B. Ferguson is an Example of How the States' Current Mechanisms Fail to Appoint a Special Prosecutor When He is Most Needed. 277 1. The Different Approach McCulloch Took in Wilson's Prosecution. 278 2. Why McCulloch was not Removed.... 2015  
Tabatha Abu El-Haj DEFINING PEACEABLY: POLICING THE LINE BETWEEN CONSTITUTIONALLY PROTECTED PROTEST AND UNLAWFUL ASSEMBLY 80 Missouri Law Review 961 (Fall, 2015) The current wave of civil rights demonstrations in response to police killings began on August 9, 2014, after Darren Wilson, a white police officer, fatally shot Michael Brown, an unarmed African-American eighteen-year-old, in Ferguson, Missouri. Outraged by the incident and by the fact that the body was left on the street for four-and-a-half... 2015  
Sarah Ricciardi DO YOU KNOW WHY I STOPPED YOU?: THE FUTURE OF TRAFFIC STOPS IN A POST-HEIEN WORLD 47 Connecticut Law Review 1075 (May, 2015) Nearly twenty years after the U.S. Supreme Court's decision upholding pretextual traffic stops in Whren v. United States, racial animosity between white police officers and black civilians is as pervasive as ever. Reports of unarmed black men killed at the hands of white law enforcement officers are becoming disturbingly common. Despite the... 2015  
Justice Robert Thomas DUPAGE COUNTY BAR ASSOCIATION 27 DCBA Brief 5 (February, 2015) Recently I was asked by President Lynn Cavallo to contribute a President's Page during her year, which I am honored and happy to do. I was already at work on the project when I heard Justice Thomas' Supreme Court dinner keynote address at the ISBA/IJA Joint Midyear Meeting in Chicago on December 12. It occurred to me that all DuPage County Bar... 2015  
Martha T. McCluskey FACING THE GHOST OF CRUIKSHANK IN CONSTITUTIONAL LAW 65 Journal of Legal Education 278 (November, 2015) Teaching constitutional law to make Black Lives Matter requires confronting the race-based violence institutionalized in American law. In Ferguson and beyond, news reports of suspicious deaths of unarmed African-Americans at the hands of race-conscious state authority persist as a predictable reality smoothly coinciding with a constitutional... 2015  
Dianne Post FEED YOUR JUSTICE APPETITE 51-AUG Arizona Attorney 76 (July/August, 2015) Lawyers are as diverse as the population in general, and many of us entered the legal profession because we had a very strong sense that American democracy requires a strong and vital system of fair and equal justice. For many, the practice of law is a calling because it satisfies our need to contribute to the greater justice in the world. How... 2015  
Justin Hansford, Meena Jagannath FERGUSON TO GENEVA: USING THE HUMAN RIGHTS FRAMEWORK TO PUSH FORWARD A VISION FOR RACIAL JUSTICE IN THE UNITED STATES AFTER FERGUSON 12 Hastings Race and Poverty Law Journal 121 (Summer, 2015) We believe that our problem is one not a violation of civil rights but a violation of human rights. Not only are we denied the right to be a citizen in the United States, we are denied the right to be a human being. - Malcolm X, January 5, 1965. The United States has long touted itself in the international community as having an exemplary human... 2015  
S. David Mitchell FERGUSON: FOOTNOTE OR TRANSFORMATIVE EVENT? 80 Missouri Law Review 943 (Fall, 2015) Hands to the Heavens, no man, no weapon Formed against, yes glory is destined Every day women and men become legends Sins that go against our skin become blessings The movement is a rhythm to us Freedom is like religion to us Justice is juxtaposition in us Justice for all just ain't specific enough One son died, his spirit is revisitin' us Truant... 2015  
Robert J. Smith FORGETTING FURMAN 100 Iowa Law Review 1149 (March, 2015) ABSTRACT: Furman v. Georgia is the darling of death penalty scholars and defense lawyers. Indeed, a fair characterization of the bulk of capital punishment scholarship and litigation is that it seeks to establish that the concerns that motivated the Court to strike down the death penalty in 1972-- namely, arbitrariness and discrimination in the... 2015  
Alan Mills GUEST FEATURE ARTICLE LAWYERS REPRESENT CLIENTS . . . OR DO THEY? 21 Public Interest Law Reporter 1 (Fall 2015) In most cases, lawyers file cases on behalf of clients. However, lawyers do not get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and ... Shall consult with the client as... 2015  
David Stovall GUEST FEATURE ARTICLE THE FIGHT THAT MUST BE FOUGHT: REFLECTIONS ON RACE, SCHOOL, STRUGGLE AND SACRIFICE ON THE SOUTH SIDE OF CHICAGO 21 Public Interest Law Reporter 78 (Fall 2015) The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and... 2015  
Leigh Goodmark HANDS UP AT HOME: MILITARIZED MASCULINITY AND POLICE OFFICERS WHO COMMIT INTIMATE PARTNER ABUSE 2015 Brigham Young University Law Review 1183 (2015) The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence... 2015  
Stephen F. Smith HAS THE "MACHINERY OF DEATH" BECOME A CLUNKER? 49 University of Richmond Law Review 845 (March, 2015) In 1994, Justice Blackmun famously announced that he would no longer tinker with the machinery of death. The timing of that announcement said as much about the state of America's death penalty on the eve of the new millennium as it did about how he wished to be remembered when he retired from the Supreme Court of the United States later that same... 2015  
Matt Leighninger, Tina Nabatchi HOW CAN WE QUANTIFY DEMOCRACY? 22 Dispute Resolution Magazine 24 (Fall, 2015) What kinds of numbers are helpful for measuring democracy? Traditionally, political scientists have looked at voter turnout and other easily quantifiable indicators of indirect, republican political participation. Those numbers generally paint a dismal picture, showing declines in the number of people who vote, trust government, believe the... 2015  
Arneta Rogers HOW POLICE BRUTALITY HARMS MOTHERS: LINKING POLICE VIOLENCE TO THE REPRODUCTIVE JUSTICE MOVEMENT 12 Hastings Race and Poverty Law Journal 205 (Summer, 2015) Until the killing of Black men, Black mothers' sons, becomes as important to the rest of the country as the killing of a White mother's son--we who believe in freedom cannot rest until this happens. -Ella Baker The recent and highly publicized killing of Michael Brown, an unarmed 18-year-old African American and the subsequent grand jury decision... 2015  
Barbara Stark HOW THE AGE OF RIGHTS BECAME THE NEW GILDED AGE: FROM INTERNATIONAL ANTIDISCRIMINATION LAW TO GLOBAL INEQUALITY 47 Columbia Human Rights Law Review 151 (Fall, 2015) Antidiscrimination law is an American invention that has spread all around the world. During the American civil rights movement of the 1960s, antidiscrimination law promised radical social transformations towards equality for women and minorities in the workplace, in politics, and in education. --AALS Workshop on Transnational Perspectives on... 2015  
Judith Butler HUMAN SHIELDS 3 London Review of International Law 223 (September, 2015) This article considers the notion of human shields' to interrogate how the political use of the law of armed conflict involves a wager over whether or not civilian deaths will be regarded as war crimes. Such calculations constitute a form of lawfare on the military field. The treatment of domestic protesters as enemy combatants by local US police... 2015  
Robert J. Smith , Justin D. Levinson , Zoë Robinson IMPLICIT WHITE FAVORITISM IN THE CRIMINAL JUSTICE SYSTEM 66 Alabama Law Review 871 (2015) Commentators idealize a racially fair criminal justice system as one without racial derogation. But unjustified racial disparities would persist even if racial derogation disappeared overnight. In this Article, we introduce the concept of implicit white favoritism into criminal law and procedure scholarship, and explain why preferential treatment... 2015  
Anjana Mebane-Cruz, Farmingdale State College, SUNY INCARCERATION BY CATEGORY: RACIAL DESIGNATIONS AND THE BLACK BORDERS OF INDIANNESS 38 PoLAR: Political and Legal Anthropology Review 226 (November, 2015) Particular problems were created for mixed people in the United States with the development of race categories and ideologies based on hierarchies of color and blood. With whiteness favored above all else, mixed people often self-identified with the more phenotypically European of their ancestors in spite of prohibitive legal sanctions. For the... 2015  
David L. Gregory , Elizabeth Anne Tippett INTRODUCTION 89 Saint John's Law Review 397 (Summer-Fall 2015) On July 2, 1964, the Civil Rights Act of 1964 (Act) was signed into law by President Lyndon B. Johnson. It purportedly took effect the following summer. Two years later, many urban centers were burned to the ground in the race riots throughout the summer of 1967. The Equal Pay Act, the Voting Rights Act of 1965, and calling the National Guard... 2015  
Megan Mason JUDGES' ROLE IN CORRECTING THE OVERREPRESENTATION OF MINORITY YOUTH IN THE JUVENILE JUSTICE SYSTEM 28 Georgetown Journal of Legal Ethics 719 (Summer, 2015) Although we do not foreclose a sentencer's ability to make . judgment, we require it to take into account how children are different. Courts have recognized that children's immaturity, recklessness, and impetuousity place them at a lesser level of culpability than adults in the criminal justice system. These sentiments are the embodiment of the... 2015  
Amna A. Akbar LAW'S EXPOSURE: THE MOVEMENT AND THE LEGAL ACADEMY 65 Journal of Legal Education 352 (November, 2015) Last August, I went to a vigil for Mike Brown in Columbus, Ohio--a couple hundred people huddled under a park pavilion. Naming police violence and poverty, black folks from all walks of life placed the inequality in their communities within the death and deprivation spiraling out of the Atlantic slave trade. Young black organizers absorbed the... 2015  
Gary Peller LEGAL EDUCATION AND THE LEGITIMATION OF RACIAL POWER 65 Journal of Legal Education 405 (November, 2015) Thank you for your invitation to talk with you today about how the recent uproar about police killings of African-Americans in Ferguson, Missouri, and across the country might connect to your experience in elite legal education-- what might Harvard Law School have to do with what is going on? I will talk about the way that racial justice is... 2015  
Mindy Lawrence LIGHTS, CAMERA, ACTION: THE AGE OF BODY CAMERAS IN LAW ENFORCEMENT AND THE EFFECTS OF IMPLEMENTING BODY CAMERA PROGRAMS IN RURAL COMMUNITIES 91 North Dakota Law Review 611 (2015) There can be little doubt of the rise of civil unrest over the past ten years between law enforcement and the general public. The evening news is consumed by story after story of the tension, whether by covering every angle of Michael Brown's shooting in Fergusson, Missouri, or by covering the movement of Black Lives Matter throughout the nation.... 2015  
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