| Author | Title | Citation | Summary | Year | Key Terms |
| Prof. Angela D. Minor, Esq. |
BLACK LIVES STILL MATTER: THE UNCONSTITUTIONALITY OF THE REASONABLENESS STANDARD IN THE DOCTRINE OF QUALIFIED IMMUNITY |
27 University of the District of Columbia Law Review 71 (Spring, 2024) |
Legislative history serves as a tool of argumentation that offers preliminary insight as to why a particular law has been codified, passed, and implemented in society. It is designed to provide extensive background knowledge of the true intentions of the codification of a statute. An examination of the legislative history of the Civil Rights Acts... |
2024 |
Most Relevant |
| Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
2024 |
Most Relevant |
| Patience A. Crowder , Tom I. Romero, II |
EMBEDDING RACIAL JUSTICE IN THE WORK OF ENVIRONMENTAL NON-PROFITS |
22 Seattle Journal for Social Justice 803 (Spring, 2024) |
A shift is occurring as social justice activists are leveraging the climate emergency to address social justice and climate activists are leveraging Black Lives Matter, #MeToo, and other social justice movements to motivate climate action. -Jennie Stevens In response to the national and worldwide protests against racial violence and the health... |
2024 |
Most Relevant |
| Melanie Reid |
GOOD POLICING PRACTICES ARE DIFFICULT, EVEN FOR THE AVENGERS |
72 Cleveland State Law Review 563 (2024) |
Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum... |
2024 |
Most Relevant |
| Kenneth Williams |
IF BLACK LIVES REALLY MATTER, WE MUST END TRAFFIC STOPS! |
30 William and Mary Journal of Race, Gender, and Social Justice 309 (Winter, 2024) |
I. My Personal Experience II. Examples of Fatal Traffic Stops A. Patrick Lyoya B. Philando Castile C. Walter Scott D. Daunte Wright E. Jayland Walker III. Purposes of Traffic Stops A. Public Safety B. Revenue Source C. Pretextual Stops and Racial Profiling 1. Ferguson 2. Minneapolis D. Veil of Darkness E. Searches IV. Scotus, Pretextual Stops and... |
2024 |
Most Relevant |
| Michael A. Hardy |
INTRODUCTION |
52 Urban Lawyer 471 (2024) |
The United States finds itself at a crossroad when it comes to issues of equity and fairness in criminal justice matters and particularly policing in 21st-century America. The rise of the Black Lives Matter movement and the explosion of wrongful deaths in civilian and police encounters have turned the nation's attention to look more closely at the... |
2024 |
Most Relevant |
| Emily Sunflower Thompson |
JUSTICE, A PHOTO SERIES |
35 UC Law SF Journal on Gender and Justice 119 (May, 2024) |
The following two photos were shot as part of a photo series at a Black Lives Matter protest in Long Beach, California circa 2018. These photos were shot on black and white film with a vintage 35mm Rangefinder. A Young Child No Justice, No Peace |
2024 |
Most Relevant |
| Ny'esha Young |
LIKE, COMMENT, AND FOLLOW: HOW TO AMEND COPYRIGHT LAW TO PROTECT BLACK TIKTOKERS |
10 Texas A&M Journal of Property Law 411 (18-Apr-24) |
The Black community has long suffered through a cycle of trauma and pain, with history repeating itself throughout generations. From the civil rights movement to the Black Lives Matter movement, this cycle persists, showing up again in the experiences of Black TikTokers. Despite looking race-neutral on its face, copyright law's lack of... |
2024 |
Most Relevant |
| Julian M. Hill, Dr. Jill Humphries |
SUMMER NY 2020--BLACK LEGAL OBSERVERS, BLACK SOLIDARITY |
49 Harbinger 24 (4-Mar-24) |
Leading up to the summer of 2020's historic mobilizations in the name of protecting Black lives, Black community organizers in New York City frequently lamented the relative absence of a critical stakeholder: the Black legal observer. Like other legal observers, Black legal observers are legal workers and others invited to protests and direct... |
2024 |
Most Relevant |
| Simona Grossi |
THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT'S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER |
14 Columbia Journal of Race and Law 930 (July, 2024) |
This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons. It argues that the Supreme Court's approach, which conflates jurisdictional inquiries with procedural or remedial ones, has significantly... |
2024 |
Most Relevant |
| Sierra Garcia |
THE FUTURE OF ACTIVISM IS YOUTH-FULL: HOW YOUTH AROUND THE WORLD ARE CARRYING THE TORCH FOR GAZANS |
44 Children's Legal Rights Journal 87 (2024) |
The youth you are now living is a form of power; it is you who must employ it. José Enrique Rodó Throughout history, many successful nonviolent action campaigns have been led by young people, from the Free Speech movement to the Civil Rights movement to the Black Lives Matter movement. Recent social movements worldwide - from Latin America to... |
2024 |
Most Relevant |
| Patrick Maley |
WARDLOW AFTER BLACK LIVES MATTER: USING A PROTEST MOVEMENT TO ESTABLISH A COLORABLE EQUAL PROTECTION CHALLENGE TO SUPREME COURT PRECEDENT |
54 Seton Hall Law Review 1437 (2024) |
In the war against drugs, the justification of one questionable search as the basis for the next questionable search, and the next one, is slowly leading to the erosion of our Fourth Amendment protections. This process occurs almost imperceptibly in much the same way that light fades into dusk and dusk into darkness. It is in this twilight period... |
2024 |
Most Relevant |
| Erin M. Carr , Nabil Yousfi |
"ANTI-WOKEISM" & AUTHORITARIANISM: A RENEWED CALL FOR CONSTITUTIONAL PROTECTIONS FOR EDUCATION |
74 Syracuse Law Review 971 (2024) |
Introduction. 972 I. The History of the Weaponization of Education. 975 II. Anti-Wokeism as Modern-Day Anti-Literacy Laws. 982 A. The Prohibition and Punishment of Knowledge. 985 B. The Authoritarianism Inherent to Anti-Literacy Legislation. 991 III. Measuring the Early Effects of the Stop W.O.K.E. Act. 996 A. The Contagion Effect. 996 B. Racial... |
2024 |
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| Jasmine Oesterling |
"I CAN'T BREATHE": A COMPARISON OF RACIAL INEQUITY AND POLICE BRUTALITY OBSERVED IN FRANCE AND THE UNITED STATES |
17 DePaul Journal for Social Justice 1 (Spring, 2024) |
This paper explores the unanticipated convergence of human experiences among Black and Brown citizens of France and the United States, despite their historical and legislative differences. Investigating racial inequity and police brutality through a comparative lens, this paper highlights global connections forged by racial and ethnic minorities in... |
2024 |
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| Ayesha I. Ahsan |
"MY MIRANDAS DON'T STAND A CHANCE, WITH COPS": THE UNITED STATES SUPREME COURT'S IMPENDING DESTRUCTION OF MIRANDA RIGHTS UNDER THE PRETENSE OF PROPHYLAXIS IN VEGA v. TEKOH |
65 Boston College Law Review 1445 (April, 2024) |
Abstract: In 2022, in Vega v. Tekoh, the U.S. Supreme Court held that individuals interrogated without knowledge of their Miranda rights cannot seek remedy under 42 U.S.C. § 1983. The Supreme Court's rationale for this decision was that the right provided in the 1966 Miranda v. Arizona decision, which ensures that those facing the criminal legal... |
2024 |
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| Frank D. LoMonte , Jessica Terkovich |
"TWITTER JAIL" FOR THE JAILER: THE PRECARIOUS FIRST AMENDMENT RIGHTS OF POLICE OFFICERS TO SHARE WORKPLACE CONCERNS ON SOCIAL MEDIA |
24 Nevada Law Journal 473 (Spring, 2024) |
C1-2Table of Contents Introduction. 474 I. Legal Background. 477 A. The First Amendment Inside, and Outside, the Workplace. 477 B. The Pickering and the Pendulum. 482 C. Is the First Amendment a Facebook Friend?. 486 D. Social Media and Public Employment. 489 II. Police Agency Supervision over Social Media. 490 A. Liverman and Online Speech in... |
2024 |
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| Eli Wald |
A LIBERAL THEORY OF LEGAL EDUCATION |
75 Alabama Law Review 563 (2024) |
Introduction. 564 I. The Liberal Façade of Law Schools. 567 A. Law Schools' Historical Orthodox Model: Formalism, Realism, and the Functionalist Approach. 568 B. Law Schools' Orthodox Model 2.0: New Liberalism. 571 C. The New Liberalism Excuse in the Twenty-First Century. 578 D. The Banality of the A-Liberal Model of Legal Education. 581 II. A... |
2024 |
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| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
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| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
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| Brenda D. Gibson |
AFFIRMATIVE REACTION: THE BLUEPRINT FOR DIVERSITY AND INCLUSION IN THE LEGAL PROFESSION AFTER SFFA |
104 Boston University Law Review 123 (February, 2024) |
This Article is both a descriptive and prescriptive authority on the efforts of the legal profession's ongoing attempts to achieve diversity and inclusion. It lays bare the history of the legal profession's unsuccessful diversity and inclusion efforts and explores the efficacy and success of some of the solutions that the legal profession has... |
2024 |
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| Stacy-Ann Elvy |
AGE-APPROPRIATE DESIGN CODE MANDATES |
45 University of Pennsylvania Journal of International Law 953 (Summer, 2024) |
Fueled by the Internet of Things and various other technological developments, information about children's daily activities and social interactions are progressively migrating to the digital sphere. In response to the rapid datafication of children and in accordance with the United Kingdom's Data Protection Act of 2018, the Information... |
2024 |
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| Leah N. Rodriguez, Esq. |
AN ACADEMIC FREEDOM EXCEPTION TO GARCETTI: A PRONOUN-CED STANDARD TO PROTECT THE FREE SPEECH AND ACADEMIC FREEDOM RIGHTS OF PUBLIC UNIVERSITY PROFESSORS FACING TRANSGENDER PRONOUN MANDATES |
36 Regent University Law Review 86 (2023-2024) |
The rise of transgenderism has led to a variety of legal gaps that must be filled, such as the definition of sex and gender, the question of whether the right to privacy includes the right for students to use school bathrooms based on biological sex, and the question of whether university sports teams should remain separated based on biological... |
2024 |
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| Antonio L. Ingram II |
ANTI-TRUTH MOVEMENTS IN POST WORLD WAR II GERMANY AND CONTEMPORARY TEXAS: THE REPETITION OF HISTORY AND LESSONS IN TRUTHFUL RECONSTRUCTION |
16 Drexel Law Review 751 (2024) |
Legislators in Texas mounted an assault on multiracial democracy when they attacked public higher education throughout the Lone Star State in the 87th legislative session with the introduction of Senate Bills 16, 17 and 18. Together, these bills arguably constituted a tripartite attack on the foundation of public higher education in Texas, seeking... |
2024 |
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| Alireza Nourani-Dargiri |
BAILING OUT THE PROTESTER |
14 Columbia Journal of Race and Law 977 (August, 2024) |
The United States cash bail system unconstitutionally hinders protest rights enshrined in the First Amendment. Protesting on controversial issues, while protected activity, often risks arrests and other interactions with police. Unfortunately, studies show that protesters of color are arrested at higher rates than white protesters. Cash bail, in... |
2024 |
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| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
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| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
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| Susan Greene |
CHOOSE YOUR WORDS CAREFULLY SOCIAL MEDIA, SOCIAL JUSTICE, AND THE WORKPLACE |
41 Hofstra Labor and Employment Law Journal 363 (Spring, 2024) |
In an age of social and political activism, speech has become an important corporate tool. This may be a profit-maximizing marketing strategy, as a cynic might say, or an initiative to use power for the greater good, as an idealist might say. Regardless, today's corporate speech extends far beyond the ambit of a company's services or expertise and... |
2024 |
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| Alexis Hoag-Fordjour |
COMMUNITY RESPONSIVE PUBLIC DEFENSE |
92 Fordham Law Review 1309 (March, 2024) |
I. Defining the Terms. 1311 A. Defining the Community. 1312 B. Responding to That Community. 1315 C. Increased Community Action Addressing Injustice. 1318 II. Community Responsiveness in Action. 1321 A. Mindful, Mission-Driven Staffing. 1322 B. Advocacy Outside of the Courtroom. 1325 C. Funding Source Makes a Difference. 1328 III. Benefits and... |
2024 |
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| Kate Andrias |
CONSTITUTIONAL CLASH: LABOR, CAPITAL, AND DEMOCRACY |
118 Northwestern University Law Review 985 (2024) |
Abstract--In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these... |
2024 |
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| Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
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| Gina-Gail S. Fletcher , H. Timothy Lovelace, Jr. |
CORPORATE RACIAL RESPONSIBILITY |
124 Columbia Law Review 361 (March, 2024) |
The 2020 mass protests in response to the deaths of George Floyd and Breonna Taylor had a significant impact on American corporations. Several large public companies pledged an estimated $50 billion to advancing racial equity and committed to various initiatives to internally improve diversity, equity, and inclusion. While many applauded... |
2024 |
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| Jasmine B. Gonzales Rose |
CRITICAL RACE THEORY AS LEGAL EPISTEMIC JUSTICE |
104 Boston University Law Review 1295 (September, 2024) |
C1-2Contents Introduction. 1296 I. Critical Race Theory: Truth, Fearmongering, and Promise. 1297 A. What Is Critical Race Theory?. 1297 B. What Are the Attacks on CRT?. 1297 C. Why Is CRT Under Attack?. 1301 II. The Epistemic Injustice of Silencing CRT. 1303 A. Hermeneutical Injustice. 1304 B. Testimonial Injustice. 1306 C. Legal Epistemic... |
2024 |
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| John Beaty |
CRITICAL RACE THEORY IN THE CLASSROOM: IOWA'S CRITICAL RACE THEORY BAN AND THE LIMITS OF THE FIRST AMENDMENT |
27 Journal of Gender, Race and Justice 137 (Winter, 2024) |
In 2019, Critical Race Theory (CRT) moved from the pages of law journals to the front page of the newspaper and became the centerpiece of a partisan political battle over the classroom. In response, several states have passed laws to ban CRT from the classroom. Iowa's CRT ban directly regulates speech about race in K-12 classrooms and one Iowa... |
2024 |
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| Nick J. Sciullo |
DEFENDING CRITICAL RACE THEORY |
47 Seattle University Law Review Supra 1 (2-Aug-24) |
C1-2Contents Introduction. 1 I. K-12 Schools are Overrun with Critical Race Theory. 7 II. Critical Race Theory Is Marxist. 14 III. Critical Race Theory Encourages White Self-Hate. 23 IV. Critical Race Theory Indoctrinates Students. 26 V. Critical Race Theory Is Racial Essentialism. 29 VI. Criticism of Critical Race Theory. 31 Conclusion. 33 |
2024 |
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| Janel A. George |
DENY, DEFUND, AND DIVERT: THE LAW AND AMERICAN MISEDUCATION |
112 Georgetown Law Journal 509 (March, 2024) |
Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund... |
2024 |
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| Tania N. Valdez |
DISABILITY, RACE, AND IMMIGRATION: THE INTERSECTIONAL IMPACT OF POLICING |
65 Boston College Law Review 1981 (June, 2024) |
Introduction. 1983 I. Background. 1989 A. Key Definitions. 1989 B. The Current Mental Health Care Crisis. 1992 C. Mental Illness & Policing. 1996 1. Roots of Police Violence. 1996 2. Case Studies. 1999 3. An Introduction to Intersectionality's Effect on Policing Outcomes. 2002 II. An Overlooked Intersecting Issue: How Noncitizens with Disabilities... |
2024 |
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| Mary Marston |
DIVERSITY AND INCLUSION TRAININGS AS A PUBLIC RELATIONS IMPERATIVE: ADDRESSING THE FARAGHER-ELLERTH TEST VIA INTEREST-CONVERGENCE AND TARGETED UNIVERSALISM |
32 American University Journal of Gender, Social Policy and the Law 317 (2024) |
I. Introduction 318 II. Background 321 A. The Importance of Title VII in Workplace Discrimination and Harassment 321 B. The #MeToo Movement and Interest Convergence 325 C. What Comprises a Sexual Harassment or a Diversity and Inclusion Training? 326 III. Applying Interest Convergence and Targeted Universalism to Court's Understanding of Mutable... |
2024 |
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| Thomas W. Simon |
DOES BLACK LEGAL THEORY MATTER? CRITICAL RACE THEORY AND A REVIVED RADICALISM |
18 Southern Journal of Policy and Justice 137 (May, 2024) |
C1-2Contents A. Introduction. 139 B. Alternative Histories. 141 C. Theory. 156 D. Methods. 160 E. Liberal Diversions. 168 F. Intersectionality. 195 G. Radical CRT. 209 H. Conclusion. 212 |
2024 |
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| Ann M. Lipton |
EVERY BILLIONAIRE IS A POLICY FAILURE |
18 Virginia Law & Business Review 327 (Summer, 2024) |
I. He Just . Tweeted it Out. 328 II. The Main Character. 331 III. How It Started. 340 IV. How It's Going. 353 A. The Dress Is White and Gold. 353 B. The Dress Is Blue and Black. 373 V. We're All Trying To Find the Guy Who Did This. 395 A. It's One Company. What Could It Cost?. 401 B. Sir, This Is an Arby's. 412 VI. Being Ungovernable. 426 VII.... |
2024 |
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| Michael Z. Green |
EXPANDING THE BAN ON FORCED ARBITRATION TO RACE CLAIMS |
72 University of Kansas Law Review 455 (March, 2024) |
When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) in March 2022, it signaled a major retreat from the Supreme Court's broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex,... |
2024 |
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| Katrina Isabela F. Blanco |
FROM ALIENATION TO ROOTEDNESS: DISCRIMINATION AGAINST INDIGENOUS PEOPLES IN THE PHILIPPINES THROUGH EDUCATION |
39 American University International Law Review 517 (2024) |
You ask if we own the land. And mock us. Where is your title? When we query the meaning of your words you answer with taunting arrogance. Where are the documents to prove that you own the land? Titles. Documents. Proof (of ownership). Such arrogance to speak of owning the land. When you shall be owned by it. How can you own that which will... |
2024 |
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| Malia Castillo |
GHOST WARRANTS AND MISTAKEN ARRESTS: HOW THEY HAUNT THE MARGINALIZED |
40 Chicana/o-Latina/o Law Review 83 (2024) |
Shortly before America's police brutality protests of 2020, a new term emerged for an old phenomenon in the criminal legal system: ghost warrants. These warrants are the result of outdated and sometimes inaccurate or incomplete information. Yet they continue to repeatedly land innocent people in jail, sometimes for months at a time. In essence,... |
2024 |
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| Mark Cebert , Aliza B. Kaplan |
GOVERNOR KATE BROWN OF OREGON'S HISTORIC USE OF CLEMENCY: USING CLEMENCY EXACTLY AS IT WAS INTENDED |
28 Lewis & Clark Law Review 521 (2024) |
In Oregon, executive clemency is among the most expansive, yet historically underused, power a governor possesses. Yet, across her two terms as Oregon's 38 governor, Governor Kate Brown exercised her power of executive clemency a record 61,777 times, dwarfing the clemency use of her predecessors and her contemporaries in other states. Governor... |
2024 |
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| H. Justin Pace , Western Carolina University, Cullowhee, North Carolina, USA |
HIGH-STATUS versus LOW-STATUS STAKEHOLDERS |
61 American Business Law Journal 191 (Fall, 2024) |
The literature on stakeholder theory has largely ignored the difficult and central issue of how judges and firms should resolve disputes among stakeholders. When the issue is addressed, focus has largely been on the potential for management to use stakeholder theory as cover for rent-seeking or on disputes between classes of stakeholders. Sharply... |
2024 |
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| Professor Keeshea Turner Roberts |
INDOCTRINATION AT ITS APEX: 'STOP WOKE ACT' AND ITS RAMIFICATIONS ON LAW SCHOOLS AND PROFESSORS OF COLOR |
30 Widener Law Review 25 (2024) |
ABSTRACT: This essay delves deeply into the effectiveness of the successive waves of anti-Woke legislation in the state of Florida and explores the laws' broader implications. It goes beyond a mere examination of how these laws impact a professor's ability to exercise academic freedom when integrating anti-racism content into their curricula; it... |
2024 |
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| Jayne S. Ressler |
JUROR PRIVACY VIA ANONYMITY |
93 Fordham Law Review 611 (November, 2024) |
Anonymous juries delivered verdicts in the hush-money criminal trial of Donald J. Trump, as well as both of E. Jean Carroll's defamation cases against him. After the defamation cases concluded, the judge cautioned the jurors against ever publicly revealing their identities. This was sound advice, as recent doxing, threats of violence, and online... |
2024 |
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| Louise Grégoire |
LAW ENFORCEMENT USE OF FACIAL RECOGNITION--A COMPARATIVE APPROACH BETWEEN THE UNITED STATES AND EUROPE TO TACKLE THE RACIAL BIAS OF FACIAL RECOGNITION AGAINST PEOPLE OF COLOR |
39 American University International Law Review 415 (2024) |
I. INTRODUCTION. 416 II. FACIAL RECOGNITION USE BY LAW ENFORCEMENT AND ITS THREAT TO PEOPLE OF COLOR. 418 A. Racial Bias Within the Technology. 419 B. The Reinforcement of Racial Bias Within Law Enforcement. 424 III. HUMAN RIGHTS' IMPACTS. 427 A. Right to Privacy. 427 B. The Right of Assembly and Free Speech. 429 IV. THE INSUFFICIENCIES OF THE... |
2024 |
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| Emmanuel Mauleón |
LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY |
112 California Law Review 755 (June, 2024) |
The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... |
2024 |
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| Alex Pilla |
MAKING THE CASE FOR A THIRD RECONSTRUCTION BASED ON THE STATE OF VOTING RIGHTS IN AMERICA |
54 Seton Hall Law Review 1509 (2024) |
Along the unbroken chain of racism that links America's past to its present, there have been two points when the federal government--otherwise complicit or complacent--saw the mistreatment of African Americans as intolerable: the Civil War and the Civil Rights Movement. Although no provision of the Constitution or constitutional amendment... |
2024 |
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| John P. Anderson , Jeremy Kidd |
MARKET FAILURE AND CENSORSHIP IN THE MARKETPLACE OF IDEAS |
76 Oklahoma Law Review 269 (Winter, 2024) |
The familiar metaphor of the exchange of ideas as a marketplace has permeate [d] the Supreme Court's first amendment jurisprudence. Founded on the presumption that competition in markets leads to efficient outcomes, the analogy of a marketplace of ideas suggests that competition among ideas will reliably arrive at truth, or at least the most... |
2024 |
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