| Author | Title | Citation | Summary | Year | Relevancy |
| Skye M. Walker |
WARS, WALLS, AND WRECKED ECOSYSTEMS: THE CASE FOR PRIORITIZING ENVIRONMENTAL CONSERVATION IN A NATIONAL SECURITY-CENTRIC LEGAL SYSTEM |
51 Envtl. L. 913 [Environmental Law] (Summer, 2021) |
Maintaining a strong military. Furthering national security by securing the skies, seas, and borders. Promoting peace and order by using tear gas to diffuse chaotic and potentially dangerous situations. To the U.S. government, these are laudable objectives--objectives that often outweigh other policy goals such as environmental conservation. As a... |
2021 |
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| Arline T. Geronimus, ScD |
WEATHERING THE PANDEMIC: DYING OLD AT A YOUNG AGE FROM PRE-EXISTING RACIST CONDITIONS |
27 Wash. & Lee J. Civil Rts. & Soc. Just. 409 [Washington and Lee Journal of Civil Rights and Social Justice] (Spring, 2021) |
C1-2Table of Contents I. Introduction. 410 A. What Is Weathering from a Biological Mechanistic Perspective?. 413 B. Weathering Populations and the Pandemic. 425 II. Distinction Between the Constructs of Weathering vs. Pre-Existing Medical Conditions. 430 A. Legal Applications of Weathering Knowledge in the Pandemic. 435 III. Conclusion. 440 |
2021 |
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What Acts Constitute Excessive Force in Violation of the U.S. Constitution When Used Against Demonstrators or Protesters |
64 A.L.R. Fed. 3d Art. 5 (Originally published in 2021) (2021) |
While protests are most closely associated with the First Amendment rights of demonstrators, where law enforcement officers have sought to disperse protests through the use of force, protestors have also raised Fourth and Fourteenth Amendment challenges to their treatment. The Fourth Amendment, triggered when an individual is seized |
2021 |
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| Joseph Blocher, Reva B. Siegel |
WHEN GUNS THREATEN THE PUBLIC SPHERE: A NEW ACCOUNT OF PUBLIC SAFETY REGULATION UNDER HELLER |
116 Nw. U. L. Rev. 139 [Northwestern University Law Review] (2021) |
Abstract--Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete-- and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not... |
2021 |
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| Joseph Blocher, Reva B. Siegel |
WHEN GUNS THREATEN THE PUBLIC SPHERE: A NEW ACCOUNT OF PUBLIC SAFETY REGULATION UNDER HELLER |
116 Nw. U. L. Rev. 139 [Northwestern University Law Review] (2021) |
Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete-- and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not... |
2021 |
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WHO MAKES ESG?: UNDERSTANDING STAKEHOLDERS IN THE ESG DEBATE |
26 Fordham J. Corp. & Fin. L. 277 [Fordham Journal of Corporate and Financial Law] (2021) |
DEAN DILLER: Hello everyone. My name is Matthew Diller, the dean of Fordham Law School. Thank you so much for joining us today. Today, we have the Fordham Journal of Corporate & Financial Law's annual symposium. This year's topic is who makes ESG and understanding the stakeholders in the ESG debate. At the outset, I want to thank Professors... |
2021 |
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WHO MAKES ESG?: UNDERSTANDING STAKEHOLDERS IN THE ESG DEBATE |
26 Fordham J. Corp. & Fin. L. 277 [Fordham Journal of Corporate and Financial Law] (2021) |
DEAN DILLER: Hello everyone. My name is Matthew Diller, the dean of Fordham Law School. Thank you so much for joining us today. Today, we have the Fordham Journal of Corporate & Financial Law's annual symposium. This year's topic is who makes ESG and understanding the stakeholders in the ESG debate. At the outset, I want to thank Professors... |
2021 |
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| John Hirsch, Sarah Francois, Public Defender , Brooklyn Law School Class of 2021 |
WHY COMPREHENSIVE POLICE REFORM MUST INCLUDE DECRIMINALIZING SEX WORK |
64 How. L.J. 375 [Howard Law Journal] (Winter, 2021) |
Introduction. 376 Background. 377 I. Criminalizing Sex Work May Violate the Constitution. 383 II. Problematic Police Practices and Legislation. 389 A. Consensual Sex Workers Have No Defense: Why Entrapment Does Not Work. 391 B. Monell Liability and Police Immunity. 393 C. New York's Loitering Statute: A Relic From a Different World. 395 III.... |
2021 |
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| Natsu Taylor Saito |
WHY XENOPHOBIA? |
31 Berkeley La Raza L.J. 1 [Berkeley La Raza Law Journal] (2021) |
Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... |
2021 |
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| Natsu Taylor Saito |
WHY XENOPHOBIA? |
31 Berkeley La Raza L.J. 1 [Berkeley La Raza Law Journal] (2021) |
Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... |
2021 |
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#Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling |
92 Temple Law Review Online 55 (2020) |
Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... |
2020 |
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| Aya Gruber |
#Metoo and Mass Incarceration |
17 Ohio State Journal of Criminal Law 275 (Spring, 2020) |
When I was a law student and an aspiring criminal lawyer, I always felt mired in a feminist defense attorney dilemma. On the one hand, I was intimately familiar with the harms of sexual assault and firmly believed that gender crimes reflected and reinforced women's second-class status. On the other, I was involved in public defense and... |
2020 |
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| Cynthia Godsoe |
#Metoo and the Myth of the Juvenile Sex Offender |
17 Ohio State Journal of Criminal Law 335 (Spring, 2020) |
Prison abolition [i]s the most direct path toward justice[.] Our work [to end gender violence] needs to be reframed as a movement against the patriarchal carceral state that is so dangerous to so many people . includ[ing] tearing down the architecture of racism and the related forms of oppression upon which that carceral state is built .. That... |
2020 |
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| Benedetta Faedi Duramy |
#Metoo and the Pursuit of Women's International Human Rights |
54 University of San Francisco Law Review 215 (2020) |
IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the... |
2020 |
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| Ann Nenoff |
#Metoo: a Look at the Influence and Limits of "Hashtag Activism" to Effectuate Legal Change |
2020 University of Illinois Law Review 1327 (2020) |
#MeToo was a hashtag posted on social media by men and women to share that they have been victims of sexual assault or harassment. The Me Too movement was started by Tarana Burke long before the hashtag was created, and #MeToo is just one example of the use of the hashtag, a social media tool, to launch a topic into the center-stage of media... |
2020 |
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| Lolita Buckner Inniss |
(Un)common Law and the Female Body |
61 Boston College Law Review E-Supplement I.-95 (5/14/2020) |
Abstract: A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women's legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she... |
2020 |
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| Anders Walker |
[Dis]integration: Second-order Diversity and Schools |
109 Georgetown Law Journal Online 21 (Summer, 2020) |
This Article challenges the prevailing definition of diversity. Borrowing from Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones-- places where minority students and faculty can occupy majority positions and are able to exercise majority control. Such... |
2020 |
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| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 1.2(i)the Special Significance of the Federal System |
Criminal Procedure § 1.2(I) (2020) |
Notwithstanding its limited share of the total caseload, the federal criminal justice system has been described as the most important enforcement system in the nation. Such a characterization may rest on a number of factors: the size and geographical spread of the agencies assigned to the enforcement of the federal criminal law; the level of... |
2020 |
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| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 1.5(i)maintaining the Appearance of Fairness |
Criminal Procedure § 1.5(I) (2020) |
The criminal justice process seeks not only to provide fair procedures, but also to maintain the appearance of fairness in the application of those procedures. As the Supreme Court has noted, justice must satisfy the appearance of justice. That the criminal justice procedures are fair, in fact, is not sufficient; the procedures also must be... |
2020 |
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| Associations and Clubs |
§ 1.definition, Nature, and Attributes of Associations |
AMJUR § 1 (2020) |
An unincorporated association is a body of persons acting or joining together, without a charter, for the prosecution of some common purpose, objective, interest, or enterprise, under a common name or mark. It is created and formed by the voluntary action of a number of individuals associating themselves together for the accomplishment of some... |
2020 |
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| Rodney A. Smolla |
§ 10:44.imposing Liability Against Organizers and Leaders of Protests and Demonstrations |
Smolla & Nimmer on Freedom of Speech § 10:44 (2020) |
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... |
2020 |
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| Arthur R. Miller, Mary Kay Kane and, A. Benjamin Spencer |
§ 1292capacity to Sue or Be Sued |
FPP Federal § Practice and Procedure (Wright & Miller) 1292 (2020) |
In service of the goal of simplified pleading, the first sentence of Federal Rule of Civil Procedure 9(a) makes it unnecessary to plead the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association. Three distinct concepts are at work here:... |
2020 |
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| Federal Rules of Civil Procedure |
§ 1321requirement That Pleadings Be Captioned |
FPP 1321 § (2020) |
Federal Rule of Civil Procedure 10(a) requires that all pleadings contain a caption, although at least one federal court has shown a willingness to interpret an uncaptioned response as an answer. Because Federal Rule of Civil Procedure 7(b)(2) expressly incorporates [t]he rules governing captions, Rule 10(a) applies to all motions as well. The... |
2020 |
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| Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel |
§ 14:2.ralph Act |
California Fair Housing and Public Accommodations § 14:2 (2020) |
The Ralph Civil Rights Act (Civ. Code § 51.7) guarantees the right to freedom from violence and intimidation to persons or their property motivated by the victims' protected Unruh Act characteristics (sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary... |
2020 |
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| Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel |
§ 14:3.ralph Act Jury Instructions |
California Fair Housing and Public Accommodations § 14:3 (2020) |
California courts have adopted the elements of proof as set out in the California Jury Instructions. (CACI 3064; Black Lives Matter-Stockton Chapter v. San Joaquin County Sheriff's Office, 398 F. Supp. 3d 660, 678-679 (E.D. Cal. 2019); Austin B. v. Escondido Union School Dist., 149 Cal. App. 4th 860, 57 Cal. Rptr. 3d 454, 471, 219 Ed. Law Rep. 91... |
2020 |
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| Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel |
§ 14:5.bane Civil Rights Act |
California Fair Housing and Public Accommodations § 14:5 (2020) |
The Tom Bane Civil Rights Act provides protection whenever a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of state or federal statutory or constitutional... |
2020 |
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| Robert L. Haig, Editor-in-Chief, Michael P. Zweig and Tal E. Dickstein |
§ 148:42.protections for the Right to Express an Opinion |
Business and Commercial Litigation in Federal Courts 4th American Bar Association Section of § 148:42 (2020) |
Celebrities are encouraged to express their opinions. They are given talk shows, featured on late-night TV, interviewed in innumerable newspaper and magazine articles and followed on social media Web sites, in large part because the public wants to know what celebrities think about a wide range of topics. It is a common misperception, however, that... |
2020 |
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| Gary Muldoon |
§ 19:89.jury Selection, Generally-example of Questions to Be Asked During Jury Selection |
Handling a Criminal Case in New York § 19:89 (2020) |
It may be important during questioning to mention the juror's name, so that the transcript is clear who is responding to questions. But once the jury is selected, never address a juror individually. The following are questions often asked during jury selection: (Introduction) Belong to any organizations? Do you have any bumper stickers on your car?... |
2020 |
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| Martin A. Schwartz |
§ 2.03 Fictitious Plaintiff Names |
SNETLCD § 2.03 (2020) |
The Federal Rules of Civil Procedure provide that the complaint must include the names of the parties and that [e]very action shall be prosecuted in the name of the real party in interest. These provisions serve the important interests of apprising the opponent of the identity of the complainant and the public interest in knowing all of the... |
2020 |
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| W. Cole Durham and Robert Smith |
§ 2:18. Impacts of Religion in Modern History |
Religious Organizations and the Law (2020) |
Particularly over the last half century, particularly since the cultural upheavals of the 1960s, there has been an ongoing debate over the relationship between religion and the state in the United States in law, government, and public life. To some extent, these concerns about what is sometimes referred to as religion in the public square tracked... |
2020 |
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