AuthorTitleCitationSummaryYearKey Terms
Danielle C. Jefferis AMERICAN PUNISHMENT AND PANDEMIC 21 Nev. L.J. 1207 [Nevada Law Journal] (Spring, 2021) Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America's prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on... 2021  
Alexander Afnan AN ABOLITIONIST VISION: RECLAIMING PUBLIC SAFETY FROM A CULTURE OF VIOLENCE 28 Va. J. Soc. Pol'y & L. 1 [Virginia Journal of Social Policy and the Law] (Spring, 2021) Introduction. 3 I. An American Endemic. 6 A. The Deadly Manifestations of a Culture of Violence within Law Enforcement. 8 B. The Internal Other: A Violence Focused on Communities of Color. 12 C. Integrating Violence into Police Training. 17 II. The Hegemony That Legitimizes Violence. 19 A. The Civil Society. 21 1. News Media. 22 2. Entertainment... 2021  
James M. Durant III AN ACCOUNTABILITY COMETH: AMEND 42 USC SECTION 1983 AND 18 USC SECTIONS 241, 242, THEREBY INITIATING A PATH TO RE-IMAGING PEACE OFFICERS ACTING UNDER THE COLOR OF STATE LAW 14 DePaul J. for Soc. Just. 1 [DePaul Journal for Social Justice] (Winter, 2021) An indispensable change in the law is respectfully requested, giving American citizens a fair chance of prevailing against the State for systemic and habitual police abuse, which in certain circumstances ultimately leads to unjustifiable homicide. This change in the law should send specific and general deterrence to rogue peace officers who harm... 2021  
Tiffany Li AN INCOMPLETE HISTORY OF EXCLUSION: MODERN AND CONTEMPORARY BLACK ART AND THE U.S. ART MUSEUM 30 S. Cal. Interdisc. L.J. 795 [Southern California Interdisciplinary Law Journal] (Spring, 2021) Who are the patrons of art, the museum board members, the collectors? Who is the audience for high culture? Who is allowed to interpret culture? Who is asked to make fundamental policy decisions? Who sets the priorities? Maurice Berger, Are Art Museums Racist? Historically white art museums have adopted policies of diversity and inclusion that are... 2021  
Stefan J. Padfield AN INTRODUCTION TO VIEWPOINT DIVERSITY SHAREHOLDER PROPOSALS 22 Transactions: Tenn. J. Bus. L. 271 [Transactions: The Tennessee Journal of Business Law] (Spring, 2021) In this Article, Part I provide a primer on viewpoint diversity shareholder proposals. Following the Introduction, the Article proceeds into Part II which provides a brief overview of shareholder proposals. Such proposals have been described as having transformed the corporate landscape in the U.S. over the last 30 years. Part III explains the... 2021  
Nikolas Bowie ANTIDEMOCRACY 135 Harv. L. Rev. 160 [Harvard Law Review] (November, 2021) Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It's planted whenever people treat one another as political equals, allowing everyone in the community, or demos, to share in exercising power, or kratos. Where democracy is allowed to blossom, it can undermine social hierarchies that have long seemed... 2021  
Evan D. Bernick ANTISUBJUGATION AND THE EQUAL PROTECTION OF THE LAWS 110 Geo. L.J. 1 [Georgetown Law Journal] (October, 2021) C1-2Table of Contents Introduction. 2 I. Equal Protection Theory and Doctrine. 5 a. theory: antidiscrimination versus protection. 5 1. Antidiscrimination. 5 a. Anticlassification. 5 b. Antisubordination. 7 2. Protection. 8 b. doctrine: discriminatory intent, state action, and negative rights. 10 1. Discriminatory Intent. 10 2. The State Action... 2021  
Olwyn Conway ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES 98 Denv. L. Rev. 457 [Denver Law Review] (Spring, 2021) The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... 2021  
  AT&T INC. SEC No Action Ltrs. WSB File No. 0125202103 [SEC No Action Letters] (2021) WSB File No. 0125202103 WSB Subject Category: 77 Public Availability Date: January 15, 2021 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 November 27, 2020 By email to shareholderproposals@sec.gov U.S. Securities and Exchange Commission Division of Corporation Finance Office of Chief Counsel 100 F Street N.E. Washington, DC... 2021  
Tamara F. Lawson AWAKENING THE AMERICAN JURY: DID THE KILLING OF GEORGE FLOYD ALTER JUROR DELIBERATIONS FOREVER? 58 Hous. L. Rev. 847 [Houston Law Review] (Symposium, 2021) In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the... 2021  
Tamara F. Lawson AWAKENING THE AMERICAN JURY: DID THE KILLING OF GEORGE FLOYD ALTER JUROR DELIBERATIONS FOREVER? 58 Hous. L. Rev. 847 [Houston Law Review] (Symposium, 2021) In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the... 2021  
Anna Hales BEYOND BORDERS: HOW PRINCIPLES OF PRISON ABOLITION CAN SHAPE THE FUTURE OF IMMIGRATION REFORM 11 UC Irvine L. Rev. 1415 [UC Irvine Law Review] (August, 2021) This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an open borders approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration... 2021  
Kate Bass BEYOND ELECTIONS: ABOLITIONIST LESSONS FOR THE LAW OF DEMOCRACY 169 U. Pa. L. Rev. 1901 [University of Pennsylvania Law Review] (June, 2021) The prison abolition movement, building on a long history of abolition in the United States, is articulating a vision of democracy that centers the lived experiences of people, particularly marginalized communities. Requiring more than legal standing and a secure right to vote, the abolitionist view of democracy calls for economic and civic... 2021  
Goldburn P. Maynard, Jr. BLACK QUEERS IN EVERYDAY LIFE 30 Tul. J. L. & Sexuality 139 [Tulane Journal of Law & Sexuality] (2021) The rule is that no matter what you do in your artistic expression you are never, ever allowed to upset the alphabet people. You know who I mean. Those people who took twenty percent of the alphabet for themselves. When Dave Chappelle used the words quoted above to suggest that queers were all powerful, I pointed out on social media that these... 2021  
Goldburn P. Maynard, Jr. BLACK QUEERS IN EVERYDAY LIFE 30 Tul. J. L. & Sexuality 139 [Tulane Journal of Law & Sexuality] (2021) The rule is that no matter what you do in your artistic expression you are never, ever allowed to upset the alphabet people. You know who I mean. Those people who took twenty percent of the alphabet for themselves. When Dave Chappelle used the words quoted above to suggest that queers were all powerful, I pointed out on social media that these... 2021  
Daniel S. Harawa BLACK REDEMPTION 48 Fordham Urb. L.J. 701 [Fordham Urban Law Journal] (March, 2021) Introduction. 701 I. Revamping the Gross Disproportionality Standard for Excessive Punishment. 703 II. Rethinking Juvenile Life Without Parole. 710 III. Revisiting Racial Disparities in Capital Punishment. 714 Conclusion: The Anti-Racist Eighth Amendment. 718 2021  
Natalie P. Byfield BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE 53 Conn. L. Rev. 619 [Connecticut Law Review] (September, 2021) This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... 2021  
Mary Anne Franks BOOK TALK: THE CULT OF THE CONSTITUTION 13 ConLawNOW 33 [ConLawNOW] (2021) Professor Franks delivered the 2020 Constitution Day lecture at The Center for Constitutional Law based on these remarks. When we think of fundamentalists, we often think of religious fundamentalists. People who are zealously attached to a particular interpretation of an idea or text--one that just so happens to serve their world view--and who... 2021  
Mary Anne Franks BOOK TALK: THE CULT OF THE CONSTITUTION 13 ConLawNOW 33 [ConLawNOW] (2021) Professor Franks delivered the 2020 Constitution Day lecture at The Center for Constitutional Law based on these remarks. When we think of fundamentalists, we often think of religious fundamentalists. People who are zealously attached to a particular interpretation of an idea or text--one that just so happens to serve their world view--and who... 2021  
Jordan Martin BREONNA TAYLOR: TRANSFORMING A HASHTAG INTO DEFUNDING THE POLICE 111 J. Crim. L. & Criminology 995 [Journal of Criminal Law and Criminology] (Fall, 2021) How can modern policing be reformed to address police violence against Black women when it can occur at no fault of their own and end with a shower of bullets in the middle of the night while within the sanctity of their own home? What is accomplished when her name is said but justice is never achieved? What good does it do when her story is... 2021  
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Nw. U. L. Rev. Online 1 [Northwestern University Law Review Online] (5/13/2021) Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021  
Gowri J. Krishna, Kelly Pfeifer, Dana Thompson CARING FOR THE SOULS OF OUR STUDENTS: THE EVOLUTION OF A COMMUNITY ECONOMIC DEVELOPMENT CLINIC DURING TURBULENT TIMES 28 Clinical L. Rev. 243 [Clinical Law Review] (Fall, 2021) Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians... 2021  
Mary E. Carney, J.D. Cause of Action for Violation of Constitutional Rights by Law Enforcement Officers Using Nonlethal or Less Lethal Weapons 99 COA2d 223 [Causes of Action Second Series] (2021) In protests throughout the country, law enforcement officials have attempted to control groups of protesters through the use of rubber bullets, tear gas, flashbangs, beanbag rounds, and other implements deemed to be nonlethal or less lethal. Although they are called nonlethal or less lethal weapons, their use can result in serious injuries and... 2021  
Don Corbett CHANGING THE GAME: GEORGE FLOYD, ATHLETE PROTEST, AND THE COUNTERSPEECH DOCTRINE 98 U. Det. Mercy L. Rev. 197 [University of Detroit Mercy Law Review] (Winter, 2021) On May 25, 2020, George Floyd, an African American man, died at the hands of four police officers in Minneapolis, MN. A convenience store employee believed Floyd, who was unarmed, attempted to use counterfeit money to pay for goods and called 911. Four officers from the Minneapolis Police Department responded, and within thirty minutes, Floyd was... 2021  
Alan K. Chen CHEAP SPEECH CREATION 54 U.C. Davis L. Rev. 2405 [U.C. Davis Law Review] (June, 2021) As we look back on Professor Eugene Volokh's predictive article about cheap speech, it is worth examining what other elements of the speech and media landscape, as well as the supporting legal infrastructure, have changed over that same period. This Essay focuses on the substantial reduction in the cost of speech creation, as opposed to... 2021  
  CHEVRON CORP. (SISTERS OF ST. FRANCIS)) SEC No Action Ltrs. WSB File No. 0405202107 [SEC No Action Letters] (2021) WSB File No. 0405202107 WSB Subject Category: 77 Public Availability Date: March 30, 2021. Prepared By: Gibson Dunn References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 18, 2021 VIA E-MAIL Office of Chief Counsel Division of Corporation Finance Securities... 2021  
  CHUBB LTD. SEC No Action Ltrs. WSB File No. 0329202115 [SEC No Action Letters] (2021) WSB File No. 0329202115 WSB Subject Category: 77 Public Availability Date: March 26, 2021 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 14, 2021 Via Email Shareholderproposals@sec.gov Securities and Exchange Commission Division of Corporation Finance... 2021  
Woodworth Winmill COERCION, DEFIANCE AND COMPETING AUDIENCES: UNDERSTANDING THE MEANING OF CONTEMPT AND SANCTIONS TO "TRUE BELIEVER" LITIGANTS 126 Penn St. L. Rev. Penn Statim 10 [Penn State Law Review Penn Statim] (2021) Courts have substantial powers to punish entities that disobey their orders. However, despite potentially severe repercussions, litigants with intensely held ideologies--what this Article calls true believer litigants--sometimes choose to defy court orders, which leads to sanctions and contempt charges. This Article argues that, rather than... 2021  
Woodworth Winmill COERCION, DEFIANCE AND COMPETING AUDIENCES: UNDERSTANDING THE MEANING OF CONTEMPT AND SANCTIONS TO "TRUE BELIEVER" LITIGANTS 126 Penn St. L. Rev. Penn Statim 10 [Penn State Law Review Penn Statim] (2021) Courts have substantial powers to punish entities that disobey their orders. However, despite potentially severe repercussions, litigants with intensely held ideologies--what this Article calls true believer litigants--sometimes choose to defy court orders, which leads to sanctions and contempt charges. This Article argues that, rather than... 2021  
Catherine Powell COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE 33 Yale J.L. & Feminism 1 [Yale Journal of Law & Feminism] (2021) We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... 2021  
Catherine Powell COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE 33 Yale J.L. & Feminism 1 [Yale Journal of Law & Feminism] (2021) We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... 2021  
Jennifer Aronsohn COMMUNITY CLAIM OF RIGHT 51 Urb. Law. 135 [Urban Lawyer] (2021) Vacant properties are more than an eyesore or a sign of neighborhood blight: they contribute to wider social and legal problems for residents and are a significant expense for cities. Cities across the nation acquire and hold vacant and tax foreclosure properties to abate public nuisances and protect communities from criminal activity. Even though... 2021  
Jennifer Aronsohn COMMUNITY CLAIM OF RIGHT 51 Urb. Law. 135 [Urban Lawyer] (2021) Vacant properties are more than an eyesore or a sign of neighborhood blight: they contribute to wider social and legal problems for residents and are a significant expense for cities. Cities across the nation acquire and hold vacant and tax foreclosure properties to abate public nuisances and protect communities from criminal activity. Even though... 2021  
Matthew B. Kugler , Mariana Oliver CONSTITUTIONAL PANDEMIC SURVEILLANCE 111 J. Crim. L. & Criminology 909 [Journal of Criminal Law and Criminology] (Fall, 2021) How do people view governmental pandemic surveillance? And how can their views inform courts considering the constitutionality of digital monitoring programs aimed at containing the spread of a highly contagious diseases? We measure the perceived intrusiveness of pandemic surveillance through two nationally representative surveys of Americans. Our... 2021  
  Cori Bush: Marjorie Taylor Greene didn't take back what she said about me (2/5/2021) Rep. Cori Bush (D-Mo.) on Thursday acknowledged that while Rep. Marjorie Taylor Greene (R-Ga.) apologized to congressional colleagues this week over her past controversial statements, Greene didn't take back or regret claims directed at Bush. 2021  
Helen Hershkoff, Arthur R. Miller COURTS AND CIVIL JUSTICE IN THE TIME OF COVID: EMERGING TRENDS AND QUESTIONS TO ASK 23 N.Y.U. J. Legis. & Pub. Pol'y 321 [NYU Journal of Legislation and Public Policy] (2021) COVID-19 is a highly infectious virus that has caused worldwide disruption, large numbers of deaths, and economic dislocation. Since its appearance in 2019, containment of COVID-19 has depended, in part, upon forms of social distancing that have strained and made impossible traditional forms of judicial and legal practice. This Article focuses on... 2021  
Helen Hershkoff, Arthur R. Miller COURTS AND CIVIL JUSTICE IN THE TIME OF COVID: EMERGING TRENDS AND QUESTIONS TO ASK 23 N.Y.U. J. Legis. & Pub. Pol'y 321 [NYU Journal of Legislation and Public Policy] (2021) COVID-19 is a highly infectious virus that has caused worldwide disruption, large numbers of deaths, and economic dislocation. Since its appearance in 2019, containment of COVID-19 has depended, in part, upon forms of social distancing that have strained and made impossible traditional forms of judicial and legal practice. This Article focuses on... 2021  
E. Tendayi Achiume , Devon W. Carbado CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW 67 UCLA L. Rev. 1462 [UCLA Law Review] (April, 2021) By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... 2021  
Linda S. Greene CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES 2021 Wis. L. Rev. 259 [Wisconsin Law Review] (2021) Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... 2021  
Linda S. Greene CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES 2021 Wis. L. Rev. 259 [Wisconsin Law Review] (2021) Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... 2021  
Frédéric Gilles Sourgens CURIOUS UNILATERALISM 13 Fed. Cts. L. Rev. 113 [Federal Courts Law Review] (2021) Introduction. 114 I. A Working Definition of Unilateralism. 119 II. Unilateralism as Assault on Republican Government. 124 A. The Procedural Problem of Unilateralism. 125 B. The Substantive Problem of Unilateralism. 127 III. Vermeule's Defense of Unilateralism. 130 IV. A Breakdown of Public Reason. 137 A. Two Accounts of Public Reason. 138 B. The... 2021  
Frédéric Gilles Sourgens CURIOUS UNILATERALISM 13 Fed. Cts. L. Rev. 113 [Federal Courts Law Review] (2021) Introduction. 114 I. A Working Definition of Unilateralism. 119 II. Unilateralism as Assault on Republican Government. 124 A. The Procedural Problem of Unilateralism. 125 B. The Substantive Problem of Unilateralism. 127 III. Vermeule's Defense of Unilateralism. 130 IV. A Breakdown of Public Reason. 137 A. Two Accounts of Public Reason. 138 B. The... 2021  
W. Kip Viscusi , Scott Jeffrey DAMAGES TO DETER POLICE SHOOTINGS 2021 U. Ill. L. Rev. 741 [University of Illinois Law Review] (2021) Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families... 2021  
W. Kip Viscusi , Scott Jeffrey DAMAGES TO DETER POLICE SHOOTINGS 2021 U. Ill. L. Rev. 741 [University of Illinois Law Review] (2021) Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families... 2021  
Russell Stetler DEATH PENALTY KEYNOTE: WHY MITIGATION MATTERS, NOW AND FOR THE FUTURE 61 Santa Clara L. Rev. 699 [Santa Clara Law Review] (2021) This Article examines the current state of the death penalty in California and nationally through the lens of mitigation--the empathy-evoking evidence that has been a constitutional requirement to ensure individualized sentencing in the era of the modern American death penalty. It situates the discussion in the context of the extraordinary events... 2021  
Russell Stetler DEATH PENALTY KEYNOTE: WHY MITIGATION MATTERS, NOW AND FOR THE FUTURE 61 Santa Clara L. Rev. 699 [Santa Clara Law Review] (2021) This Article examines the current state of the death penalty in California and nationally through the lens of mitigation--the empathy-evoking evidence that has been a constitutional requirement to ensure individualized sentencing in the era of the modern American death penalty. It situates the discussion in the context of the extraordinary events... 2021  
Caleb L. Green DEFENDING THE RIGHT TO PROTEST THROUGH INTELLECTUAL PROPERTY LAW 24-JAN NBA Nat'l B. Ass'n Mag. 18 [NBA National Bar Association Magazine] (January, 2021) The death of George Floyd has resulted in a recent international outcry for social and criminal justice reform, sparking a wave of creative protests and artistic expressions. Namely, protestors have embraced non-traditional means to amplify their voices and manifest their right to protest through street murals and related artworks. For example,... 2021  
David J. Oliveiri, M.B.A., J.D. Defense of good faith in action for damages against law enforcement official under 42 U.S.C.A. § 1983, providing for liability of person who, under color of law, subjects another to deprivation of rights 61 A.L.R. Fed. 7 (Originally published in 1983) [American Law Reports ALR Federal] (2021) Collected and analyzed in this annotation are those cases in which the federal courts have considered questions related to the availability or establishment by law enforcement officials of a defense of good faith in actions seeking damages under 42 U.S.C.A. § 1983, which provides for liability of persons who, under color of law, subject another to... 2021  
Mark Goldfeder DEFINING ANTISEMITISM 52 Seton Hall L. Rev. 119 [Seton Hall Law Review] (2021) Some people hate Jews. Fine, alright it's been done. I mean, that's part of my problem with it. Could you hate somebody new? -Gary Gulman Antisemitic harassment is illegal, but without a standard definition of what antisemitism includes, that idea is almost meaningless. That is why state legislatures and university administrators across the... 2021  
Mark Goldfeder DEFINING ANTISEMITISM 52 Seton Hall L. Rev. 119 [Seton Hall Law Review] (2021) Some people hate Jews. Fine, alright it's been done. I mean, that's part of my problem with it. Could you hate somebody new? -Gary Gulman Antisemitic harassment is illegal, but without a standard definition of what antisemitism includes, that idea is almost meaningless. That is why state legislatures and university administrators across the... 2021  
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