| Author | Title | Citation | Summary | Year | Relevancy |
| |
TRANSCRIPT OF VIDEO FILE: PANEL 5 - THE FUTURE OF EMPLOYMENT LAW |
30 American University Journal of Gender, Social Policy and the Law 191 (2022) |
FACILITATOR: All right everyone, welcome to our last panel, The Future of Employment Law. I want to quickly introduce our moderator, Karla Gilbride, the co-director of the Access to Justice Project. Karla, you can take it away. KARLA GILBRIDE: Thank you so much. Thanks to the American University Journal of Gender, Social Policy, & the Law, and... |
2022 |
|
| Allison Schwach |
TRANSPARENCY BREEDS ACCOUNTABILITY, ACCOUNTABILITY BREEDS TRUST: WHERE IOWA LAW STANDS ON THE CONFIDENTIALITY OF POLICE MISCONDUCT RECORDS |
70 Drake Law Review 521 (2022) |
Over the last decade, highly publicized and heartbreaking displays of law enforcement officers using force, abusing force, and exhibiting blatant misconduct have plagued the United States. The widespread news coverage of these tragedies has justifiably unleashed outrage. Importantly, however, the coverage has also served to bring necessary... |
2022 |
|
| Teri Dobbins Baxter |
TRAUMATIC JUSTICE |
56 University of Richmond Law Review 331 (Winter, 2022) |
In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were... |
2022 |
|
| C. Scott Holmes , Amelia O'Rourke-Owens |
TRESPASSING ON WHITE SUPREMACY: THE LEGACY OF ESTABLISHMENT WHITE SUPREMACY IN NORTH CAROLINA |
100 North Carolina Law Review Forum 149 (2022) |
White supremacy offers a unifying framework for understanding the legal history of North Carolina, the current legal regime of the state, and the actions of the state in responding to protests demanding redress from that insidious history. We provide a history of the First Reconstruction in the state, the leading role of white lawyers in the... |
2022 |
|
| Dana Khabbaz |
UNMANNED STAKEOUTS: POLE-CAMERA SURVEILLANCE AND PRIVACY AFTER THE TUGGLE CERT DENIAL |
132 Yale Law Journal Forum 105 (10/10/2022) |
abstract. This Essay analyzes the implications of the Supreme Court's denial of certiorari in Tuggle v. United States, a Seventh Circuit opinion upholding law enforcement's warrantless, eighteen-month pole-camera surveillance of a criminal suspect's home. By declining to take up the case, the Supreme Court missed an opportunity to update its... |
2022 |
|
| Alexandra L. Raleigh |
WE CAN'T BREATHE: REIMAGINING EQUAL PROTECTION AS A COLLECTIVE RIGHT |
72 Case Western Reserve Law Review 785 (Spring, 2022) |
George Floyd couldn't breathe. We can't either. We live in fear. Fear of walking outside. Wearing a hoodie. Going for a jog. Sleeping in our own home. Existing. Every day, a new hashtag. Every hour, a new injustice. Every second, more pain. We don't deserve to live like this--and we continue to fight until white supremacy no longer permeates every... |
2022 |
|
| Barry Friedman |
WHAT IS PUBLIC SAFETY? |
102 Boston University Law Review 725 (April, 2022) |
For hundreds of years, political leaders and thinkers have deemed public safety the first duty of government. But they have defined public safety rather narrowly, primarily in terms of the protection function--protecting individuals from violent harm to person or property from third parties (and also from natural elements). As the first duty, the... |
2022 |
|
| Trace C. Vardsveen , Richard L. Wiener |
WHAT'S REASONABLE? AN EXPERIMENTAL TEST OF THE REASONABLE OFFICER STANDARD |
28 Psychology, Public Policy, and Law 573 (November, 2022) |
Under the U.S. Supreme Court's legal standard for determining civil liability in Fourth Amendment excessive force cases, jurors must judge the reasonableness of an officer's use of force from the perspective of a reasonable officer on the scene by considering factors like a suspect's threat and resistance levels. However, despite a growing body... |
2022 |
|
| Osamudia James |
WHITE INJURY AND INNOCENCE: ON THE LEGAL FUTURE OF ANTIRACISM EDUCATION |
108 Virginia Law Review 1689 (December, 2022) |
In the wake of the racial reckoning of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in... |
2022 |
|
| Brandon Hasbrouck |
WHO CAN PROTECT BLACK PROTEST? |
170 University of Pennsylvania Law Review Online 39 (2022) |
Police violence both as the cause of and response to the racial justice protests following George Floyd's murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and... |
2022 |
|
| Cedric Merlin Powell |
WOKE? |
25 Green Bag 123 (Winter, 2022) |
Conflating the whitelash against anti-racist activism and policy advocacy with a reverse racism conceit ripe with the fervor of a new religion, John McWhorter, Columbia University linguist and social commentator, unearths a new Black pathology-- Woke Racism--a religion of wokeness that threatens to betray Black America. America is in the looking... |
2022 |
|
| Kathleen Kersh , Matthew N. Currie |
WORKING FOR JUSTICE IN AN UNJUST SYSTEM; MOVING BEYOND THE LEGAL SYSTEM |
55 UIC Law Review 251 (Summer, 2022) |
I. Introduction. 251 II. Background. 257 A. Moving beyond the legal system to promote community empowerment. 257 B. Cole's Framework for Community Lawyering. 259 III. Case Studies. 262 A. Case Study 1: Surveillance Technology Oversight Ordinance. 262 1. Building the Coalition. 262 2. Advocating for Police Accountability. 265 3. Supporting Community... |
2022 |
|
| Xenna K. Davis |
YOUR SHIRT OR YOUR VOTE: WHY TEXAS'S ELECTIONEERING LAW UNCONSTITUTIONALLY INFRINGES VOTERS' FREEDOM OF SPEECH |
54 Texas Tech Law Review 279 (Winter, 2022) |
I. Introduction. 280 II. A Retrospect of the Freedom of Speech. 282 A. The First Amendment's Free Speech Clause. 282 B. Unprotected Speech v. Protected Speech. 283 C. Expressive Conduct and Expressive Association. 284 1. Expressive Conduct. 285 2. Expressive Association in the Context of NAACP and BLM. 286 D. Three Types of Government-Controlled... |
2022 |
|
| Amanda Pulido |
ZERO TO HERO: THE UNAVAILABILITY OF BIVENS AND WHY CONGRESS SHOULD INTERVENE |
16 FIU Law Review 807 (Spring, 2022) |
In Bivens, the Supreme Court held that although 42 U.S.C. § 1983 is silent as to its application to federal agents, the plaintiff had an implied cause of action against federal agents for violation of his constitutional rights. Since this decision, the Court has heavily narrowed the implied Bivens cause of action and punted the decision to Congress... |
2022 |
|
| Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD |
"I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY |
25 U.C. Davis Soc. Just. L. Rev. 73 [U.C. Davis Social Justice Law Review] (Summer, 2021) |
I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... |
2021 |
|
| Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell L. Rev. 171 [Campbell Law Review] (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
|
| Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. |
"NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY |
43 Campbell L. Rev. 171 [Campbell Law Review] (2021) |
This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... |
2021 |
|
| Caitlin M. McGrail |
"RECOGNIZED STATURE" REVISITED: COULD "COMMUNITY STANDARDS" RESCUE RESTRICTIVE "RECOGNIZED STATURE" DEFINITION IN CASTILLO v. G&M REALTY L.P.? |
66 Vill. L. Rev. 615 [Villanova Law Review] (2021) |
The making of a work of art is one historical process among other acts, events, and structures--it is a series of actions in but also on history. On May 25, 2020, the death of George Floyd sparked protests around the country. In the wake of this nationwide outcry, artists around the country created public protest art with the potential of... |
2021 |
|
| Caitlin M. McGrail |
"RECOGNIZED STATURE" REVISITED: COULD "COMMUNITY STANDARDS" RESCUE RESTRICTIVE "RECOGNIZED STATURE" DEFINITION IN CASTILLO v. G&M REALTY L.P.? |
66 Vill. L. Rev. 615 [Villanova Law Review] (2021) |
The making of a work of art is one historical process among other acts, events, and structures--it is a series of actions in but also on history. On May 25, 2020, the death of George Floyd sparked protests around the country. In the wake of this nationwide outcry, artists around the country created public protest art with the potential of... |
2021 |
|
| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & L. Rev. 293 [Rutgers Race & the Law Review] (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
|
| Monica Krup |
"RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & L. Rev. 293 [Rutgers Race & the Law Review] (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
|
| Gregory S. Parks |
"WHEN THEY SEE US" THE GREAT WHITE AWAKENING TO BLACK HUMANITY |
21 U. Md. L.J. Race, Religion, Gender & Class 1 [University of Maryland Law Journal of Race, Religion, Gender and Class] (Spring, 2021) |
Why white folks focus on dogs and yoga, While people on the low end trying to ball and get over. In 2015, Damon Young, co-founder of Very Smart Brothas--a website that features essays on pop culture, politics, and humor for African American readers-- authored a piece titled Black People Don't Hate Dogs. We Just Hate When Their Lives Are Valued More... |
2021 |
|
| Nia A.D. Langley |
#SEEHERNAME: USING INTERSECTIONALITY AND STORYTELLING TO BRING VISIBILITY TO BLACK WOMEN IN EMPLOYMENT DISCRIMINATION AND POLICE BRUTALITY |
14 DePaul J. for Soc. Just. 1 [DePaul Journal for Social Justice] (Summer, 2021) |
C1-2Table of Contents I. Introduction. 2 II. Intersectionality. 4 III. Intersectional Challenges In 2021. 4 A. Employment Discrimination. 5 1. Intersectionality's Legal Status. 6 2. Hair Discrimination. 7 B. Police Brutality. 12 1. Black Women and Black Men Experience Police Brutality Similarly. 13 2. Black Women and Black Men Experience Police... |
2021 |
|
| Angela Onwuachi-Willig, Anthony V. Alfieri |
(RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 |
130 Yale L.J. 2052 [Yale Law Journal] (June, 2021) |
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... |
2021 |
|
| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 1.5(j) Achieving equality in the application of the process |
CRIMPROC § 1.5(j) [Criminal Procedure] (2021) |
In a society dedicated to achieving equal justice under law, it is only natural that another goal of the criminal justice process is to achieve equality in the administration of the process. The primary concern here is that each jurisdiction be evenhanded in its treatment of persons subjected to the process. This does not mean that procedures... |
2021 |
|
| Rodney A. Smolla |
§ 10:44. Imposing liability against organizers and leaders of protests and demonstrations |
FREESPEECH § 10:44 [Smolla & Nimmer on Freedom of Speech] (2021) |
When public demonstrations, marches, and protests are conducted in public spaces, violence at times ensues. America has experienced many such events, including the activities in Charlottesville in 2017, and the massive national protests surrounding the murder of George Floyd in 2020. These may range from minor skirmishes, to serious acts of... |
2021 |
|
| Ted A. Donner, J.D., Richard K. Gabriel |
§ 3:2. Discrimination in jury selection |
JURYSELECT § 3:2 [Jury Selection Strategy and Science] (2021) |
The Constitution and federal statutory law require that potential jurors not be excluded from jury service as a result of intentional racial discrimination. Until recently, however, there was no prohibition against discriminatory conduct in the ABA Model Rules for Professional Conduct, except to the extent that it was eluded to in the Comment to... |
2021 |
|
| |
§ 4:34. Explanations that may be inadequate as a matter of law-Inherently discriminatory explanations |
JURYWORK § 4:34 [Jurywork Systematic Techniques] (2021) |
A peremptory challenge based on the proponents assumption or intuitive judgment that a Black juror will favor a Black defendant because of their shared race is not legally sufficient at Step 2. Batson, 476 U.S. at 97. Not surprisingly, most of the cases in which prosecutors explicitly characterized their explanations in this manner were... |
2021 |
|
| Martin A. Schwartz |
§ 5.06 SURVEY OF JUDICIAL NOTICE IN CIVIL RIGHTS CASES |
SNETLFE § 5.06 [Aspen Publishers] (2021) |
The decisions surveyed in this section pertain primarily to judicial notice of adjudicative facts. However, the line between adjudicative and legislative facts is not always clear. Further, courts frequently take judicial notice without specifying whether the fact is adjudicative or legislative in character. Thus, while the main goal in this... |
2021 |
|
| |
§ 5104 Facts Judicially Noticeable; Indisputability |
FPP § 5104 (2021) |
Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... |
2021 |
|