| Author | Title | Citation | Summary | Year | Relevancy |
| Melody Finnemore |
A Most Unusual Year |
81-DEC Oregon State Bar Bulletin 16 (December, 2020) |
When Gov. Kate Brown issued a stay-at-home order in response to the COVID-19 pandemic in March, Oregon's legal community quickly figured out new ways to continue serving clients and keep the justice system running. It also established free resources to help people struggling to file unemployment claims and obtain federal stimulus funding, and to... |
2020 |
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| Melanie D. Wilson |
A Reckoning over Law Faculty Inequality |
98 Denver Law Review Forum Forum 1 (9/20/2020) |
Below, I review Dr. Meera E. Deo's book, Unequal Profession: Race and Gender in Legal Academia, published last year by Stanford University Press. In Unequal Profession, Deo, an expert on institutional diversity, presents findings from a first-of-its-kind empirical study, documenting many of the challenges women of color law faculty confront daily... |
2020 |
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| Sky Leah Ross |
A Space for You |
32 Hastings Women's Law Journal 109 (Winter, 2020) |
This poem was written in remembrance of all the innocent Black lives lost, and in solidarity with the movements that continue the battle for systemic change. A Space for You --Sky Leah Ross I see your anger & frustration, all of the agony you've been through; Lay it down here, let me make a space for you. For all of the pain, all of the hurt, all... |
2020 |
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| Hon. Robert E. Jones, Hon. Gerald E. Rosen (Ret.), William E. Wegner and Hon. Jeffrey S. Jones |
A.judicial Notice |
Rutter Group Practice Guide: Federal Civil Trials and Evidence 8D-A (2020) |
There are advantages and disadvantages to consider before requesting judicial notice: Advantages: The benefits of judicial notice are obvious: Efficiency: Judicial notice is a simple, inexpensive and efficient method of establishing the truth of essential matters. Moreover, some information may not be readily available from witnesses. For... |
2020 |
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| Brandon Hasbrouck |
Abolishing Racist Policing with the Thirteenth Amendment |
68 UCLA Law Review Discourse 200 (2020) |
Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the Constitution itself. But a string of U.S. Supreme Court rulings involving the Thirteenth... |
2020 |
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| Gary M. Stein |
Above and Beyond |
81-OCT Oregon State Bar Bulletin 18 (October, 2020) |
Cheryl Coon's passion for the law began in high school, when she volunteered as a Spanish interpreter for clients of the newly created Community Legal Services of Philadelphia. Over the next 50 years, she would advocate for marine mammals, the coastal zone, endangered salmon and spotted owls, marine reserves, Oregon fishing communities and disabled... |
2020 |
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Absence of Black Financial Regulators Seen Failure of U.s. Senate - Report |
24No.9 Consumer Financial Service Law Report 15 (9/29/2020) |
There has been a virtual absence of Black U.S. financial regulators for generations, a result largely due to a failure of the U.S. Senate oversight committees to sponsor Black nominees, leaving appointments dependent on the White House, a new study from the Brookings Institution said on Sept. 2. The disparity deprives... (Henry Engler, September 3) - |
2020 |
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| Justine Coleman |
Aclu Calls for Special Prosecutor to Investigate Removal of Protesters in Front of White House |
The Hill (7/14/2020) |
The American Civil Liberties Union (ACLU) called Tuesday for an independent special prosecutor to investigate the aggressive clearing of protesters in front of the White House on June 1, an incident that immediately preceded President Trump's photo-op at a nearby church. |
2020 |
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| Henry Kenyon, CQ Roll Call |
Aclu Sues Baltimore Police Department to Halt Aerial Surveillance Program |
CQ Briefing Roll Call Washington Data Privacy (4/13/2020) |
The American Civil Liberties Union and the ACLU of Maryland sued the Baltimore Police Department, challenging the constitutionality of a program to use aerial surveillance with high definition cameras to monitor the entire city. |
2020 |
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| Daniel E. Ho , Alice Xiang |
Affirmative Algorithms: the Legal Grounds for Fairness as Awareness |
10/30/2020 University of Chicago Law Review Online 134 (10/30/2020) |
While there has been a flurry of research in algorithmic fairness, what is less recognized is that modern antidiscrimination law may prohibit the adoption of such techniques. We make three contributions. First, we discuss how such approaches will likely be deemed algorithmic affirmative action, posing serious legal risks of violating equal... |
2020 |
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| Jessica Silbey |
Against Progress: Interventions about Equality in Supreme Court Cases about Copyright Law |
19 Chicago-Kent Journal of Intellectual Property 280 (6/25/2020) |
This essay is adapted from a book I am writing called Against Progress: Intellectual Property and Fundamental Values in the Internet Age. The book's primary argument is that, with the rise of digital technology and the ubiquity of the internet, intellectual property law is becoming a mainstream part of law and culture. Also, IP's mainstreaming in... |
2020 |
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| I. Bennett Capers |
Against Prosecutors |
105 Cornell Law Review 1561 (September, 2020) |
Introduction. 1561 I. The Prosecutors. 1565 II. We, the People. 1573 A. From Private Prosecution to Public Prosecutors. 1573 B. Three Lessons. 1581 III. Benefits. 1586 Conclusion. 1609 |
2020 |
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| Jonathan P. Feingold |
All (Poor) Lives Matter: How Class-not-race Logic Reinscribes Race and Class Privilege |
10/30/2020 University of Chicago Law Review Online 47 (10/30/2020) |
In An Intersectional Critique of Tiers of Scrutiny, Professors Devon Carbado and Kimberlé Crenshaw infuse affirmative action with an overdue dose of intersectionality theory. Their intervention, which highlights the disfavored remedial status of Black women, exposes equality law as an unmarked intersectional project that privileges the... |
2020 |
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| Colleen Chien |
America's Paper Prisons: the Second Chance Gap |
119 Michigan Law Review 519 (December, 2020) |
Over the last decade, dozens of states and the federal government have enacted second chance reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of... |
2020 |
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| Alexis Hoag |
An Unbroken Thread: African American Exclusion from Jury Service, past and Present |
81 Louisiana Law Review 55 (Fall, 2020) |
C1-3Table of Contents Introduction. 56 I. African American Exclusion. 57 A. De Jure Exclusion. 58 B. De Facto Exclusion. 62 II. First Wave of Legal and Statutory Solutions. 66 A. The Constitutional Right to a Fair Cross Section. 67 1. Distinctive Group. 68 2. Relative Underrepresentation. 68 3. Systemic Exclusion. 71 B. The Jury Selection and... |
2020 |
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| Michael Conklin |
An Uphill Battle for Reparationists: a Quantitative Analysis of the Effectiveness of Slavery Reparations Rhetoric |
10 Columbia Journal of Race and Law 33 (2020) |
On Juneteenth (June 19), 2019 the United States House Judiciary Committee heard over three hours of testimony regarding slavery reparations. Various rhetorical methods were used by the expert witnesses to promote slavery reparations. Many emphasized the horrors of the slave trade. Many pointed to current racial disparities in education, criminal... |
2020 |
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| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... |
2020 |
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| James E. Rooks, Jr. |
Appendix C. Table of Wrongful Death Awards |
Recovery for Wrongful Death § 2:18 (2020) |
The purpose of this Appendix is to provide information on how fact-finders have valued wrongful death cases after they determined that compensation was warranted. All dollar figures represent the amount awarded by the first fact-finder, or the amount of the actual settlement, if known. Defense verdicts (zero verdicts) are not included, nor does... |
2020 |
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| Lisa Blue, Ph.D., J.D. and , Robert B. Hirschhorn, J.D. |
Appendix K. Peremptory Challenges and Implicit Bias: Inherent Conflicts in How the Justice System Struggles with Racism |
Blue's Guide to Jury Selection APP K (2020) |
In August, 2016, a New York Supreme Court considered whether Time Warner should be allowed to request footage from investigations conducted by the New York City Police Department. Their stated goal was to discover how pervasive racial bias was within the department and its impact on the ways in which investigations were being conducted: Video... |
2020 |
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Around the Nation |
37No.9 Law Enforcement Employment Bulletin NL 8 (9/1/2020) |
A Santa Ana police officer has been charged with workers compensation fraud, Orange County District Attorneys (DA) Office announced in a press release. The officer, age 39, allegedly accepted full pay without working even though he was physically capable of performing his duties, the DAs office stated. In May 2018, the officer went out of work... |
2020 |
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Article Ii. Judicial Notice. |
45No.1 Federal Rules of Evidence Newsletter NL 2 (1/1/2020) |
A police officer who was seriously injured at a protest when an unidentified person hit him with a heavy object brought an action against the organizer of the protest and Black Lives Matter, which was associated with the protest. Following the grant of a motion to dismiss by the defendants, the officer appealed to the Fifth Circuit on the ground,... |
2020 |
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| Laura Weiss, CQ Roll Call |
As Companies Condemn Racism, Investors Want Measurable Actions to Fight it |
CQ Briefing Roll Call Washington Corporate Governance (6/17/2020) |
As corporations respond to the Black Lives Matter movement and profess their opposition to racism, investors and advocates are pushing company executives to make detailed plans for systemic change that can be measured to hold them accountable. |
2020 |
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| Scott W. Howe |
Atoning for Dred Scott and Plessy While Substantially Abolishing the Death Penalty |
95 Washington Law Review 737 (June, 2020) |
Abstract: Has the Supreme Court adequately atoned for Dred Scott and Plessy? A Court majority has never confessed and apologized for the horrors associated with those decisions. And the horrors are so great that Dred Scott and Plessy have become the anti-canon of constitutional law. Given the extraordinary circumstances surrounding the Court's... |
2020 |
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| Zack Budryk |
Barr Criticizes Doj in Speech Declaring All Agency Power 'Is Invested in the Attorney General' |
The Hill (9/16/2020) |
Attorney General Bill Barr asserted his authority to intervene in politically-charged cases and castigated career Justice Department staff in a Wednesday speech. |
2020 |
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| Aris Folley |
Barr Says Cases of Floyd, Blake Not 'Interchangeable' |
The Hill (9/2/2020) |
Attorney General William Barr said that he doesnt think the cases of George Floyd and Jacob Blake are interchangeable when asked about both in an interview on Wednesday. |
2020 |
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| Dominick Mastrangelo |
Barr: Doj Won't Be Run like Preschool |
The Hill (9/17/2020) |
Attorney General William Barr belittled the idea that lower level attorneys within his own Justice Department have any power to make decisions on how the agency is run, equating that notion to toddlers running a preschool during scathing remarks given Wednesday as part of a speech at Hillsdale College event. |
2020 |
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| Justin Wise |
Barr: the Left 'Believes in Tearing down the System' |
The Hill (8/10/2020) |
Attorney General William Barr on Sunday voiced scathing criticism of the Democratic Party, claiming the left is trying to tear down U.S. institutions in a pursuit for total victory. |
2020 |
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| Rebecca Klar |
Bass: Trump's 'Only' Purpose Is to 'Agitate' Violence |
The Hill (8/30/2020) |
Rep. Karen Bass (D-Calif.) on Sunday slammed President Trumps scheduled visit to Kenosha, Wis. in wake of protests over the police shooting of Jacob Blake. |
2020 |
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| Frederick H. Alexander |
Benefit Corporation Law and Governance: Pursuing Profit with Purpose Part 1 - Ch01 and Ch02 |
ALI-CLE 123 (5/19/2020) |
Copyright © 2018 by Frederick H. Alexander All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied... |
2020 |
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| Chelsea Barabas |
Beyond Bias: Re-imagining the Terms of "Ethical Ai" in Criminal Law |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 83 (Fall, 2020) |
Data-driven decision-making regimes, often branded as artificial intelligence (AI), are rapidly proliferating across the U.S. criminal legal system as a means of managing the risk of crime and addressing accusations of discriminatory practices. However, these data regimes have come under increased scrutiny, as critics point out the myriad ways... |
2020 |
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