| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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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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| Linda L. Addison |
§ 2:33. Kinds of Facts under Rule 201(b)-kinds of Facts Proper for Judicial Notice-facts Improper for Judicial Notice-facts Not Generally Known Within Territorial Jurisdiction or Whose Sources Can Be Questioned |
TXPG-EVID § 2:33 Texas Practice Guide Evidence (2020) |
Judicially noticed facts must be free of reasonable dispute and either generally known within the trial court's territorial jurisdiction, or readily determinable by reference to sources the accuracy of which could not reasonably be questioned. Tex. R. Evid. 201(b)(1), 201(b)(2). In Fred S. James & Co. of Oklahoma, Inc. v. West Texas Compresses,... |
2020 |
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| Eleanor H. Smith and Aitan D. Goelman |
§ 20:10.the Civil Hatch Act-hatch Act Civil Prohibitions Applicable to All Covered Federal Employees |
Political Activity, Lobbying Laws and Gift Rules Guide, 3d § 20:10 (2020) |
The Hatch Act imposes sweeping prohibitions on partisan political activity by covered employees. A covered employee may not: Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election (5 U.S.C.A. § 7323(a)(1)); Knowingly personally solicit, accept, or receive a political contribution... |
2020 |
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| Ted A. Donner, J.D., Richard K. Gabriel |
§ 20:10.washington State's Approach to Implicit Bias in the Courts |
Jury Selection Strategy and Science § 20:10 (2020) |
It has been said that time pressure contributes to the problems inherent to implicit bias, and that may well be why so many police officers have surprised themselves with what they would otherwise recognize as bad decisions in the heat of the moment. It may well be why so many lawyers stereotype during sometimes abbreviated voir dire, and why... |
2020 |
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| Michael H. Graham |
§ 201:1scope of Rules; Definitions |
Handbook of Federal Evidence § 201:1 (2020) |
Judicial notice is founded on the assumption that certain factual determinations are not subject to reasonable dispute and thus may be appropriately resolved other than by the production of evidence before the trier of fact at trial. When a matter is judicially noticed, it is accepted as true without formal evidentiary proof. This process is known... |
2020 |
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| Ted A. Donner, J.D., Richard K. Gabriel |
§ 26:13.washington State's Approach to Implicit Bias in the Courts |
Jury Selection Strategy and Science § 20:10 (2020) |
It has been said that time pressure contributes to the problems inherent to implicit bias, and that may well be why so many police officers have surprised themselves with what they would otherwise recognize as bad decisions in the heat of the moment. It may well be why so many lawyers stereotype during sometimes abbreviated voir dire, and why... |
2020 |
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| Andrew V. Jezic, Patrick L. Woodward, Kathryn Grill Graeff, Frank Molony |
§ 32:4.videotaping Police in the Performance of Their Duties |
Maryland Law of Confessions § 32:4 (2020) |
Courts have had to examine wiretap statutes in relation to videotaping police officers in the performance of their duties. With evolving technology, nearly every cell phone comes with a video camera with audio recording capabilities. More and more, people are using video cameras to document daily life as well as events of interest. Video recording... |
2020 |
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| Martin A. Schwartz |
§ 5.06 Survey of Judicial Notice in Civil Rights Cases |
SNETLFE § 5.06 (2020) |
The decisions surveyed in this section pertain primarily to judicial notice of adjudicative facts. However, the line between adjudicative and legislative facts is not always clear. Further, courts frequently take judicial notice without specifying whether the fact is adjudicative or legislative in character. Thus, while the main goal in this... |
2020 |
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§ 5:9.fact Vs. Opinion |
Film and Multimedia and the Law § 5:9 (2020) |
The distinction as to what is a statement of fact and what is a statement of opinion is frequently a difficult one, which has resulted in a variety of judicial attempts to establish clear guidelines. Perhaps the most comprehensive judicial attempt to devise a test for determining whether a statement is one of opinion or fact can be found in Ollman... |
2020 |
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§ 5104facts Judicially Noticeable; Indisputability |
FPP 5104 § (2020) |
Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... |
2020 |
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| Romualdo P. Eclavea, J.D., Glenda K. Harnad, J.D., John Kimpflen, J.D., Sonja Larsen, J.D., Lucas Martin, J.D., Susan Thomas, J.D., Elizabeth Williams, J.D., and Amy G. Gore, J.D., John R. Kennel, J.D., and Mary Babb Morris, J.D., of the staff of the Nati |
§ 529.matters Which May Be Considered |
American 529 (2020) |
As a general rule, the court may only consider the pleading which is attacked by a Rule 12(b)(6) motion in determining its sufficiency. The plaintiff is not entitled to discovery to obtain information relevant to the motion. The court is not permitted to look at matters outside the record; if such matters are considered, the Rule 12(b)(6) motion to... |
2020 |
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| George L. Blum, J.D.; John Bourdeau, J.D.; Noah J. Gordon, J.D.; Eleanor L. Grossman, J.D., of the staff of the National Legal Research Group, Inc.; Jill Gustafson, J.D.; Glenda K. Harnad, J.D.; Sonja Larsen, J.D.; Lucas Martin, J.D.; Kristina E. Music Bi |
§ 60.judicial Notice of Matters of Public and Social Welfare |
American 60 (2020) |
In general, the courts take judicial notice of all matters affecting the social welfare of the public which are in accord with general or scientific knowledge, such as matters concerning adulterated food; that there is a finite capacity for storing hazardous waste within a state, which capacity is rapidly being reached; the harm that endemic... |
2020 |
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| Sonja Larsen, J.D.; Anne E. Melley, J.D., LL.M., of the staff of the National Legal Research Group, Inc.; Karen L. Schultz, J.D.; and Eric C. Surette, J.D. |
§ 79.standing to Sue in Section 1983 Civil Rights Actions-standing to Vindicate Rights of Others |
American 79 (2020) |
To have standing to bring § 1983 claim, a plaintiff generally must assert his or her own legal rights and interests and cannot rest the claim to relief on legal rights or interests of third parties. Consequently, a corporate stockholder does not have standing to sue for injury suffered by the corporation, and absent clear statutory authority, the... |
2020 |
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| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 8.5(a)underlying Considerations |
Criminal Procedure § 8.5(a) (2020) |
Following the Colledge and Shaftesbury cases, the secrecy of grand jury proceedings came to be recognized as an essential element of the grand jury process. However, grand jury secrecy requirements, at least to the evidence received by the grand jury, were never absolute. Grand jurors were always allowed, for example, to disclose the testimony of a... |
2020 |
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| Ellen Kreitzberg |
§ 8:16.final Reflections: Batson Revisited |
Jury Selection: The Law, Art and Science of Selecting a Jury § 8:16 (2020) |
The peremptory challenge continues to be one of the most debated and discussed aspects of any trial. Although initially used to dismiss impartial jurors who were not otherwise excused for cause, its use has evolved into a tool used by each side's attorney to secure a jury that is partial to his own siderather than impartial. For many years, the... |
2020 |
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| Ellen Kreitzberg |
§ 8:6.batson V. Kentucky: the Three-step Process |
Jury Selection: The Law, Art and Science of Selecting a Jury § 8:16 (2020) |
Batson provided a three-step process for determining when a strike is discriminatory. First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; second, if that showing has been made, the prosecution must offer a race-neutral reason for striking the juror in question; and third, in light... |
2020 |
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| Robert L. Haig, Ellen V. Holloman |
§ 83:26.further Reading |
New York Practice Series - Commercial Litigation in New York State Courts § 83:26 (2020) |
To create a more diverse and inclusive environment in your law firm, further education and self-improvement on matters of diversity and racial justice is necessary. Below is a selection of resources about diversity, inclusion and anti-racism for a more inclusive an equitable workplace. Corrine Shutack, 75 Things White People Can Do for Racial... |
2020 |
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| Laura Hunter Dietz, J.D.; Glenda K. Harnad, J.D; Alan J. Jacobs, J.D.; Rachel M. Kane, M.A., J.D.; John Kimpflen, J.D.; Stephen Lease, J.D.; William Lindsley, J.D.; Denise L. Majette, J.D.; Karl Oakes, J.D.; Anne E. Melley, J.D., LL.M., of the staff of th |
§ 856.matters Court Will Consider |
Corpus Juris Secundum § 856 (2020) |
In considering motions to dismiss a claim, primarily, the court will, for the purpose of the motion, consider the allegations in the complaint and its amendments, including any document or exhibit attached to, and made part of, the complaint; documents incorporated by reference in the complaint; documents that are integral to or explicitly relied... |
2020 |
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| Victoria L. Nadel, Roger Witkin |
§ 9:16.questions Specific to Interracial or Racial Cases |
42 Massachusetts Practice Series TM 9:16 (2020) |
There is a growing volume of research indicating that when race is front and center at trial, white juries may be less likely to convict black defendants than when race is presented sottovoce. Samuel Sommers, Ph.D. of Tufts University has researched and written about the phenomenon (along with Phoebe Ellsworth) suggesting that a notion of... |
2020 |
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| Glenda K. Harnad, J.D.; and Karl Oakes, J.D. |
§ 93.unincorporated Association and Officers |
Corpus Juris Secundum§ 93 (2020) |
An unincorporated joint-stock association, as such, is not a citizen within the rules covering diversity. An officer of such an association who may be a plaintiff or defendant in an action in favor of or against the individual members of the association is not a real party, but is merely a nominal party whose citizenship is immaterial. Even if... |
2020 |
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¶ 208.35 Race Discrimination |
Employment Practices Guide 208.35 (2020) |
A federal district court properly dismissed a former state college employee's Section 1981 because she failed to allege she was discriminated against because of her race, and the employee's assertion that race was no longer required to state a claim under Section 1981 was the result of a misreading of the Supreme Court's opinion in Domino's Pizza... |
2020 |
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¶ 245.30 Reverse Race Discrimination |
Employment Practices Guide P 245.30 (2020) |
A Caucasian federal agent's race and sex bias claims failed because his lack of tact, diplomacy and discretion along with his inability to resolve conflicts or get along with others made him unqualified for a promotion to a Senior Operations Officer position. Lennon v Rubin (1stCir 1999) 75 EPD ¶ 45,763 A female Caucasian employee, a director of... |
2020 |
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| Sullivan |
¶ 31,591 Akilah Hughes, Plaintiff V. Carl Benjamin A/k/a Sargon of Akkad, John Does 1–10 Inclusive, Defendants. |
CCH Copyright Law Reporter P 1192309 (2020) |
Akilah Hughes, Plaintiff v. Carl Benjamin a/k/a Sargon of Akkad, John Does 110 inclusive, Defendants. ¶ 31,591. U.S. District Court, S.D. New York. No. 17-cv-6493 (RJS). February 3, 2020. Akilah Hughes is represented by Kristin Grant of Grant Attorneys at Law PLLC, 40 Exchange Place, Suite 1306, New York, New York, 10005. Carl Benjamin is... |
2020 |
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¶ 51,525 Akilah Hughes, Plaintiff V. Carl Benjamin A/k/a Sargon of Akkad, John Does 1-10 Inclusive, Defendants. |
Guide to Computer Law P 51525 (2020) |
Akilah Hughes, Plaintiff v. Carl Benjamin a/k/a Sargon of Akkad, John Does 1-10 inclusive, Defendants. ¶ 51,525. U.S. District Court, S.D. New York. No. 17-cv-6493 (RJS). February 3, 2020. Sullivan, C.J.: Plaintiff Akilah Hughes brings this action against Defendant Carl Benjamin and ten John Doe Defendants for copyright infringement under 17... |
2020 |
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¶ 5491 Resolution of the U.s. Equal Employment Opportunity Commission in Mourning for the Deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery |
Employment Practices Guide P 5491 (2020) |
Equal Employment Opportunity Commission, June 9, 2020. WHEREAS the U.S. Equal Employment Opportunity Commission (Commission or EEOC) was created by the landmark Civil Rights Act of 1964 in direct response to calls for racial justice at the historic March on Washington for Jobs and Freedom in 1963; and WHEREAS the 1964 Civil Rights Act, which... |
2020 |
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¶ 618.51 Race Discrimination: Discourtesy |
Employment Practices Guide P 618.51 (2020) |
Black employee's claim that she was discharged as result of race discrimination was rejected. Evidence showed that she had disruptive and discourteous manner which was sole cause of termination. Lewis v Ford Motor Co (DC Mich 1978) 17 EPD ¶ 8453 Ramos v Port Authority of New York and New Jersey. (DC NY 1977) 14 EPD ¶ 7790 Boyd v Benton & Bowles,... |
2020 |
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¶ 67,498 the Center for Investigative Reporting, Appellant V. Southeastern Pennsylvania Transportation Authority. |
Advertising 67498 (2020) |
The Center for Investigative Reporting, Appellant v. Southeastern Pennsylvania Transportation Authority. ¶ 67,498. U.S. Court of Appeals, Third Circuit. No. 19-1170. Filed September 14, 2020. On Appeal from the United States District Court for the Eastern District of Pennsylvania. Molly M. Tack-Hooper [ARGUED] American Civil Liberties Union of... |
2020 |
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| John Kruzel |
1,200 Doj Alumni Call for Probe of Barr's Role in Crowd Clearing Outside White House |
The Hill (6/10/2020) |
More than a thousand Department of Justice (DOJ) alumni called on the departments internal watchdog to investigate Attorney General William Barrs role in the aggressive dispersal last week of protesters gathered near the White House. |
2020 |
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| Kaimipono David Wenger |
1200 Dollars and a Mule: Covid-19, the Cares Act, and Reparations for Slavery |
68 UCLA Law Review Discourse 204 (2020) |
The COVID-19 pandemic casts into sharp relief a number of questions relating to reparations. In particular, the COVID-19 crisis highlights the medical vulnerability of the Black community, illustrating the very real physical harm caused by slavery and racism in the United States. At the same time, government responses to the crisis demonstrate the... |
2020 |
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| Matt Scott |
A Bespoke Approach: Rationales for Opposing S&p 500 Directors |
Corporate Governance Advisor 6018403 (2020) |
Matt Scott is a Senior Analyst with Proxy Insight, the world's leading source of information on global shareholder voting. By Matt Scott © 2020 Proxy Insight. Matt Scott is a Senior Analyst with Proxy Insight, the world's leading source of information on global shareholder voting. What we do at Proxy Insight, first and... |
2020 |
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