| Author | Title | Citation | Summary | Year | Key Terms |
| Hayley A. Valla |
UNCLE SAM'S DILEMMA: WHETHER PRIORITIZING CONFEDERATE MEMORIALS OVER NATIONAL SENTIMENT IS A MONUMENTAL MISTAKE |
37 Touro L. Rev. 1107 [Touro Law Review] (2021) |
When asked to make an appearance at an event to commemorate Civil War monuments, General Robert E. Lee replied, I think it wiser . not to keep open the sores of war, but to follow the example of those nations who endeavored to obliterate the marks of civil strife, and to commit to oblivion the feelings it engendered. Unfortunately, the... |
2021 |
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| Meera E. Deo |
UNEQUAL PROFESSION, UNLEASHED |
73 Rutgers U. L. Rev. 857 [Rutgers University Law Review] (Spring, 2021) |
C1-3Table of Contents I. Claiming My Worth. 860 II. Jumping on the Bandwagon. 862 III. Centering Structural Solutions. 864 IV. Being Part of the Solution--Not the Solution. 865 V. Understanding Pandemic Effects on Legal Academia. 866 |
2021 |
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| James O. Pearson, Jr., J.D. |
Use of peremptory challenge to exclude from jury persons belonging to a class or race |
79 A.L.R.3d 14 (Originally published in 1977) [American Law Reports ALR3d] (2021) |
This annotation collects and analyzes the civil and criminal cases in which the courts have considered whether it is proper for either a plaintiff (usually the prosecution) or a defendant to use the peremptory challenge to exclude members of a race or class from the petit jury, either in a single case or in case after case over a period of time.... |
2021 |
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| Jane Snoddy Smith |
V. WHAT DOES THE RESEARCH SAY? |
2021 Advanced Real Est. Drafting 18-V [State Bar of Texas] (32nd Annual) |
Robert Rosenthal's Research in 1963 was one of the first studies to recognize that how we treat others affects what they think of themselves and their ultimate success. In the first part of the study, three children were picked at random and the teachers were told that those three children (the bloomers) were very smart but not to tell the... |
2021 |
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| Amy F. Kimpel |
VIOLENT VIDEOS: CRIMINAL DEFENSE IN A DIGITAL AGE |
37 Ga. St. U. L. Rev. 305 [Georgia State University Law Review] (Winter, 2021) |
Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases.... |
2021 |
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| G. Alex Sinha |
VIRTUOUS LAW-BREAKING |
13 Wash. U. Jurisprudence Rev. 199 [Washington University Jurisprudence Review] (2021) |
A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... |
2021 |
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| G. Alex Sinha |
VIRTUOUS LAW-BREAKING |
13 Wash. U. Jurisprudence Rev. 199 [Washington University Jurisprudence Review] (2021) |
A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... |
2021 |
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WALT DISNEY CO. |
SEC No Action Ltrs. WSB File No. 0119202101 [SEC No Action Letters] (2021) |
WSB File No. 0119202101 WSB Subject Category: 77 Public Availability Date: January 8, 2021. Prepared By: Wilmer Cutler References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ October 31, 2020 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange... |
2021 |
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| 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 |
|
| 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 |
|
| 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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| Aris Folley |
75-year-old Man Shoved by Buffalo Police Responds to Trump Tweet: 'Black Lives Matter' |
The Hill (6/9/2020) |
Martin Gugino, the 75-year-old man police shoved to the ground during a recent protest in Buffalo, N.Y., on Tuesday said Black Lives Matter when pressed for comment after President Trump promoted a baseless conspiracy theory about him on Twitter. |
2020 |
Most Relevant |
| Henry Kenyon, CQ Roll Call |
Aclu Seeks Data on Aerial Surveillance of Black Lives Matter Protests |
CQ Briefing Roll Call Washington Data Privacy (8/13/2020) |
The American Civil Liberties Union filed a Freedom of Information Act request to find out how law enforcement used manned and unmanned aircraft to monitor Black Lives Matter protests around the country. |
2020 |
Most Relevant |
| Zahra N. Mian |
Black Identity Extremist or Black Dissident?: How United States V. Daniels Illustrates Fbi Criminalization of Black Dissent of Law Enforcement, from Cointelpro to Black Lives Matter |
21 Rutgers Race & the Law Review 53 (2020) |
In August 2017, the Federal Bureau of Investigations (FBI) released an intelligence assessment asserting the resurgence of a domestic terror threat to law enforcement: Black Identity Extremist (BIE) ideology. According to the assessment, BIE is rooted in perceptions of alleged police brutality amongst the African American community. The FBI... |
2020 |
Most Relevant |
| Eric S. Roth, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. |
Black Lives Matter Apparel at Work Evokes Legal, Business, Social Concerns |
1No.10 Southeast Employment Law Letter 1 (10/1/2020) |
The Black Lives Matter (BLM) movement has sparked significant emotion in the past few months. Ever since the NBA season restarted, TV viewers are seeing the phrase emblazoned on the courts and on some players' jerseys. What you won't see on TV are the large employers that have faced significant backlash for attempting to prohibit employees from... |
2020 |
Most Relevant |
| Nwando Anwah |
Black Lives Matter on Juries Too |
44 Journal of the Legal Profession 293 (Spring, 2020) |
In 1996, Curtis Giovanni Flowers was accused of murdering four people at a furniture store in Winona, Mississippi. Since then, he has been tried an astonishing six times for the same alleged crimes--all of which have ended in mistrial or convictions that were reversed on appeal. He was first convicted in 1997, and in five out of the six trials, the... |
2020 |
Most Relevant |
| Christopher E. Smith |
Blue Lives Matter Versus Black Lives Matter: Beneficial Social Policies as the Path Away from Punitive Rhetoric and Harm |
44 Vermont Law Review 463 (Spring, 2020) |
Introduction. 463 I. Counterreaction: Origins and Outcomes. 464 A. The Origins of Two Organizations. 464 B. The Policy Response: Punitive Laws. 467 II. Beneficial Policies: Getting Serious About Protecting and Supporting Police Officers. 470 A. Resources. 471 B. Public Policy. 474 C. Respecting Black Lives Matter. 480 Conclusion. 489 |
2020 |
Most Relevant |
| Marty Johnson |
Bowser Addresses Record Crowd at Black Lives Matter Plaza |
The Hill (6/6/2020) |
Washington, D.C., Mayor Muriel Bowser (D) joined tens of thousands of protesters downtown Saturday as people around the country came out en masse to protest the police killing of George Floyd and demand systemic change. |
2020 |
Most Relevant |
| Alex Zhang |
Damnatio Memoriae and Black Lives Matter |
73 Stanford Law Review Online 77 (September, 2020) |
Police brutality and killings of Black Americans have recently sparked nationwide protests. Among the many expressions of anger and indignation, one stands out as a unique feature of this wave of the social movement: public scrutiny of civic symbols. Protestors have defaced, torn down, and called for the removal of monuments that represent our... |
2020 |
Most Relevant |
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Fair Housing Justice Center Issues Statement of Support and a Call to Action-Black Lives Matter |
48No.CD-13 HDR Current Developments NL 1 (6/29/2020) |
The Fair Housing Justice Center (FHJC) condemns the murders of George Floyd, Breonna Taylor, Freddie Gray, Michael Brown, Jamar Clark, Sandra Bland, Tamir Rice and many others who have lost their lives through police violence. We stand in solidarity with all those around the world who protest for racial justice. We unequivocally believe that BLACK... |
2020 |
Most Relevant |
| Morgan Gstalter |
Fauci, Black Lives Matter Founders Included on Time's 100 Most Influential People List |
The Hill (9/23/2020) |
Anthony Fauci, the nations top infectious disease expert, and the founders of the Black Lives Matter movement were included in Time magazines list of the 100 Most Influential People of 2020 released Wednesday. |
2020 |
Most Relevant |
| Tasnim Motala |
Foreseeable Violence & Black Lives Matter: How Mckesson Can Stifle a Movement |
73 Stanford Law Review Online 61 (September, 2020) |
Catalyzed by the death of George Floyd, protests against police brutality and systemic racism have spread across the United States and the world in 2020. Throughout the country, law enforcement has responded to these protests with the same type of brute force that protesters are challenging--excessive, violent, and militarized. Many have... |
2020 |
Most Relevant |
| Justin Wise |
John Lewis Procession Stops at Black Lives Matter Plaza in Dc |
The Hill (7/27/2020) |
The motorcade carrying the body of the late Rep. John Lewis (D-Ga.) stopped at the Black Lives Matter Plaza in Washington, D.C., on Monday as it made its way to Capitol Hill, where the civil rights champion will lie in state. |
2020 |
Most Relevant |
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John Lewis Visits 'Black Lives Matter Plaza,' Calls Protests 'Very Moving' |
(6/7/2020) |
Civil rights icon Rep. John Lewis (D-Ga.) met with Washington, D.C., Mayor Muriel Bowser (D) and paid a visit to the site where the mayor had Black Lives Matter painted on a road that leads to the White House. |
2020 |
Most Relevant |
| Henry Kenyon, CQ Roll Call |
Lawmakers Urge Inquiry into Surveillance of Black Lives Matter Protests |
CQ Briefing Roll Call Washington Data Privacy (10/19/2020) |
Democratic lawmakers led by Sen. Ron Wyden, D-Ore., asked the Privacy and Civil Liberties Oversight Board to investigate legal, regulatory and civil liberties aspects of the federal government's surveillance of Black Lives Matter protests and of journalists covering them. |
2020 |
Most Relevant |
| May Vutrapongvatana |
Mayor De Blasio Plans to Paint and Co-name City Streets in Honor of Black Lives Matter |
2020 CityLand CityLand 1 (6/15/2020) |
The first street to be co-named and painted will be near City Hall. On June 9, 2020, Mayor Bill de Blasio announced that the City will begin to co-name and paint selected streets in all five boroughs in honor of the Black Lives Matter movement. The Black Lives Matter movement, which began in 2013, works to address the issue of state and vigilante... |
2020 |
Most Relevant |
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Pence Says Leaders of Black Lives Matter Movement Have 'Radical Left' Agenda |
(6/28/2020) |
Vice President Pence said he thinks the leaders of the Black Lives Matter movement are pushing what he called a political agenda of the radical left when pressed in a recent interview about why he still refuses to say the phrase Black lives matter.During an appearance on CBS News on Sunday, reporter John Dickerson asked the vice president why... |
2020 |
Most Relevant |
| Alexander Bolton |
Romney Challenges Trump with Black Lives Matter March |
The Hill (6/9/2020) |
Sen. Mitt Romney (R-Utah) is challenging President Trumps antagonistic stance toward Black Lives Matter protesters at a time when Trumps support in the polls is dropping. |
2020 |
Most Relevant |
| Tala Doumani , Jamil Dakwar |
Rubber Bullets and the Black Lives Matter Protests |
24No.2 Human Rights Brief 77 (Winter 2020) |
Linda Tirado, a freelance photographer and activist, drove to Minneapolis from Nashville to photograph the protests that had erupted on May 26, 2020. She had just taken a photo and lowered her camera when she felt her face explode. Screaming I'm press! I'm press! Linda had been shot in the left eye by a rubber bullet. After being rushed into... |
2020 |
Most Relevant |
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Sen. Loeffler Opposes Wnba Black Lives Matter Plan |
(7/7/2020) |
Sen. Kelly Loeffler (R-Ga.) is coming under criticism from the Womens National Basketball Players Association (WNBPA) after writing a letter saying the league should not go forward with a plan to put the names of Black victims of police violence on players' jerseys. |
2020 |
Most Relevant |
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Trump Likes Tweet about Hbo's 'Insecure' Prompting User to Change Name to 'Black Lives Matter' |
(6/8/2020) |
President Trump liked a tweet about HBO's Insecure" Sunday evening |
2020 |
Most Relevant |
| Marina Pitofsky |
Trump Rips Black Lives Matter Protesters in Pittsburgh: 'Thugs!' |
The Hill (9/8/2020) |
President Trump on Tuesday slammed a group of protesters after a video went viral this week showing demonstrators confronting diners eating outdoors at a restaurant in Pittsburgh. |
2020 |
Most Relevant |
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Trump Says Black Lives Matter Is 'Bad for Black People' |
(8/31/2020) |
President Trump on Monday decried Black Lives Matter as a discriminatory" organization that is "bad for Black people" as part of a broader diatribe against protests in response to racial injustice." |
2020 |
Most Relevant |
| Brett Samuels |
Trump: Black Lives Matter Mural in Nyc a 'Symbol of Hate' That Would Denigrate Fifth Avenue |
The Hill (7/1/2020) |
President Trump on Wednesday lashed out at New York City Mayor Bill de Blasio (D) for moving ahead with plans to paint Black Lives Matter along Fifth Avenue in Manhattan, calling the mural a symbol of hate."" |
2020 |
Most Relevant |
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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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