AuthorTitleCitationSummaryYearRelevancy
Harris Freeman FOREWORD--POLICE MISCONDUCT AND KIBBE v. CITY OF SPRINGFIELD 40 Western New England Law Review 393 (2018) The Law Review's 2017 symposium, Perspectives on Racial Justice in the Era of #BlackLivesMatter, appropriately opened with a panel that addressed the ongoing challenge of combatting police misconduct, as seen through the lens of Kibbe v. City of Springfield, a civil rights case that unfolded in Western Massachusetts and reached the United States... 2018 Most Relevant
Megan Keller Sessions in Chicago: If you want more shootings, listen to ACLU, Antifa, Black Lives Matter 2018 The Hill 4491438 (September 19, 2018) Attorney General Jeff Sessions said Wednesday that groups like the American Civil Liberties Union, Antifa and Black Lives Matter are responsible for an increase in violence in Chicago. 2018 Most Relevant
Megan Keller Sessions in Chicago: If you want more shootings, listen to ACLU, Antifa, Black Lives Matter 2018 The Hill 4491438 (September 19, 2018) Attorney General Jeff Sessions said Wednesday that groups like the American Civil Liberties Union, Antifa and Black Lives Matter are responsible for an increase in violence in Chicago. 2018 Most Relevant
Philip Lee STUDENT PROTESTS AND ACADEMIC FREEDOM IN AN AGE OF #BLACKLIVESMATTER 79 Ohio State Law Journal 223 (2018) C1-2Table of Contents I. Introduction. 224 II. The Historical Context of Racial Exclusion on American College Campuses. 229 III. The Constitutional Standard of Student Academic Freedom. 237 A. Tension Between Academic Freedom of Students and Institutions. 242 B. Tension Between Academic Freedom of Students and Professors. 245 IV. Toward a New... 2018 Most Relevant
Carlton Edward Williams SYMPOSIUM--THE MORE WE FIGHT, THE MORE WE WIN: MOVEMENT LAWYERING IN THE ERA OF #BLACKLIVESMATTER 40 Western New England Law Review 403 (2018) I work for the American Civil Liberties Union of Massachusetts (ACLU) in Boston, and my work focuses solely on issues of racial justice, so you can imagine that's a very specific and very narrow thing. It isn't though--because racial justice reflects on issues of police brutality, police killings, police murders committed against, specifically,... 2018 Most Relevant
Garrett Chase THE EARLY HISTORY OF THE BLACK LIVES MATTER MOVEMENT, AND THE IMPLICATIONS THEREOF 18 Nevada Law Journal 1091 (Spring, 2018) From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America's consciousness. But what is this movement? Where did it come from? Does Black Lives Matter stand for civil rights, or human rights? What... 2018 Most Relevant
Garrett Chase THE EARLY HISTORY OF THE BLACK LIVES MATTER MOVEMENT, AND THE IMPLICATIONS THEREOF 18 Nevada Law Journal 1091 (Spring, 2018) From quarterbacks to hashtags, from mall demonstrations to community vigils, and from the streets of New York to the courts of Texas, the Black Lives Matter movement undisputedly has made its mark on America's consciousness. But what is this movement? Where did it come from? Does Black Lives Matter stand for civil rights, or human rights? What... 2018 Most Relevant
Kimberly A. Yuracko , Ronen Avraham VALUING BLACK LIVES: A CONSTITUTIONAL CHALLENGE TO THE USE OF RACE-BASED TABLES IN CALCULATING TORT DAMAGES 106 California Law Review 325 (April, 2018) This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... 2018 Most Relevant
Kimberly A. Yuracko , Ronen Avraham VALUING BLACK LIVES: A CONSTITUTIONAL CHALLENGE TO THE USE OF RACE-BASED TABLES IN CALCULATING TORT DAMAGES 106 California Law Review 325 (April, 2018) This Article challenges a practice in tort law that is ubiquitous, yet little noticed--namely the use of race-based wage, life expectancy, and work-life expectancy tables when calculating damage awards. The practice results in damage awards that are significantly lower for black victims than for white victims and creates an incentive for potential... 2018 Most Relevant
Laura Goolsby WHY INTERNATIONAL LAW SHOULD MATTER TO BLACK LIVES MATTER: A DRAFT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS ON BEHALF OF THE FAMILY OF ERIC GARNER 21 University of Pennsylvania Journal of Law and Social Change 29 (2018) The United States consistently fails to provide effective remedies to victims of unlawful force perpetrated by police departments around the country. Efforts to address this impunity and underlying systemic racism have met with limited success. Recently, activists and scholars have begun calling for international review of these practices. This... 2018 Most Relevant
Laura Goolsby WHY INTERNATIONAL LAW SHOULD MATTER TO BLACK LIVES MATTER: A DRAFT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS ON BEHALF OF THE FAMILY OF ERIC GARNER 21 University of Pennsylvania Journal of Law and Social Change 29 (2018) The United States consistently fails to provide effective remedies to victims of unlawful force perpetrated by police departments around the country. Efforts to address this impunity and underlying systemic racism have met with limited success. Recently, activists and scholars have begun calling for international review of these practices. This... 2018 Most Relevant
Katheryn Russell-Brown CRITICAL BLACK PROTECTIONISM, BLACK LIVES MATTER, AND SOCIAL MEDIA: BUILDING A BRIDGE TO SOCIAL JUSTICE 60 Howard Law Journal 367 (Winter, 2017) INTRODUCTION. 368 I. THE DEVELOPMENT AND EVOLUTION OF BLACK PROTECTIONISM: AN OVERVIEW. 372 II. HOW BLACK PROTECTIONISM OPERATES. 376 III. CONTEMPORARY CASES. 384 A. Hey, Hey, Hey: The Cosby Cases. 386 B. Ray Rice. 390 C. Adrian Peterson. 392 D. Jameis Winston. 392 E. Chris Brown (& Rihanna). 394 F. Michael Vick. 395 G. Analysis and Application... 2017 Most Relevant
Katheryn Russell-Brown CRITICAL BLACK PROTECTIONISM, BLACK LIVES MATTER, AND SOCIAL MEDIA: BUILDING A BRIDGE TO SOCIAL JUSTICE 60 Howard Law Journal 367 (Winter, 2017) INTRODUCTION. 368 I. THE DEVELOPMENT AND EVOLUTION OF BLACK PROTECTIONISM: AN OVERVIEW. 372 II. HOW BLACK PROTECTIONISM OPERATES. 376 III. CONTEMPORARY CASES. 384 A. Hey, Hey, Hey: The Cosby Cases. 386 B. Ray Rice. 390 C. Adrian Peterson. 392 D. Jameis Winston. 392 E. Chris Brown (& Rihanna). 394 F. Michael Vick. 395 G. Analysis and Application... 2017 Most Relevant
Kathleen Kapusta, J.D. DISCRIMINATION-RACE-D.S.C.: WHITE EMPLOYEE FIRED AFTER 'DISCUSSION' OF BLACK LIVES MATTER PROTEST CAN'T ADVANCE RACE BIAS CLAIM 2017 Wolters Kluwer Employment Law Daily 3187483 (July 27, 2017) Although the evidence tended to show a hotel's explanation for terminating a white employee was pretextualshe was purportedly fired for being rude, disrespectful, and insubordinate to three African-American superiors during a conversation about a Black Lives Matter protest that had just taken place in the hotelit did not support more than a... 2017 Most Relevant
Kathleen Kapusta, J.D. DISCRIMINATION-RACE-D.S.C.: WHITE EMPLOYEE FIRED AFTER 'DISCUSSION' OF BLACK LIVES MATTER PROTEST CAN'T ADVANCE RACE BIAS CLAIM 2017 Wolters Kluwer Employment Law Daily 3187483 (July 27, 2017) Although the evidence tended to show a hotel's explanation for terminating a white employee was pretextualshe was purportedly fired for being rude, disrespectful, and insubordinate to three African-American superiors during a conversation about a Black Lives Matter protest that had just taken place in the hotelit did not support more than a... 2017 Most Relevant
Valecia J. Battle DROP THE PHONE AND STEP AWAY FROM THE WEAPON: THE FIRST AMENDMENT, THE CAMERA PHONE, AND THE MOVEMENT FOR BLACK LIVES 60 Howard Law Journal 531 (Winter, 2017) INTRODUCTION. 532 I. THE CRIMINALIZATION OF BLACKNESS. 534 A. The American Enslavement of African People: Caste Creation. 534 B. Reconstruction and Jim Crow. 537 C. Law & Order, The New Jim Crow, and the Prison Industrial Complex. 541 II. WIRETAPPING & EAVESDROPPING LAWS. 543 III. QUALIFIED IMMUNITY & THE WELL-ESTABLISHED RIGHT. 546 IV. WHY DO OUR... 2017 Most Relevant
Valecia J. Battle DROP THE PHONE AND STEP AWAY FROM THE WEAPON: THE FIRST AMENDMENT, THE CAMERA PHONE, AND THE MOVEMENT FOR BLACK LIVES 60 Howard Law Journal 531 (Winter, 2017) INTRODUCTION. 532 I. THE CRIMINALIZATION OF BLACKNESS. 534 A. The American Enslavement of African People: Caste Creation. 534 B. Reconstruction and Jim Crow. 537 C. Law & Order, The New Jim Crow, and the Prison Industrial Complex. 541 II. WIRETAPPING & EAVESDROPPING LAWS. 543 III. QUALIFIED IMMUNITY & THE WELL-ESTABLISHED RIGHT. 546 IV. WHY DO OUR... 2017 Most Relevant
Jessica Watters PINK HATS AND BLACK FISTS: THE ROLE OF WOMEN IN THE BLACK LIVES MATTER MOVEMENT 24 William and Mary Journal of Women and the Law 199 (Fall, 2017) I. Origins and Critiques of the Women's March II. True Intersectional Feminism Must Be Continuously Demonstrated by Allies III. The Collective Power of (White) Women Conclusion On January 21, 2017, nearly five hundred thousand people, many adorned in pink, cat-eared pussyhats, descended on Washington, D.C.--the flagship location for the official... 2017 Most Relevant
Jessica Watters PINK HATS AND BLACK FISTS: THE ROLE OF WOMEN IN THE BLACK LIVES MATTER MOVEMENT 24 William and Mary Journal of Women and the Law 199 (Fall, 2017) I. Origins and Critiques of the Women's March II. True Intersectional Feminism Must Be Continuously Demonstrated by Allies III. The Collective Power of (White) Women Conclusion On January 21, 2017, nearly five hundred thousand people, many adorned in pink, cat-eared pussyhats, descended on Washington, D.C.--the flagship location for the official... 2017 Most Relevant
Elizabeth Esther Berenguer THE COLOR OF FEAR: A COGNITIVE-RHETORICAL ANALYSIS OF HOW FLORIDA'S SUBJECTIVE FEAR STANDARD IN STAND YOUR GROUND CASES RATIFIES RACISM 76 Maryland Law Review 726 (2017) It must be remembered that the visibility of race was used as a tool to consolidate domination, to seize land, and to recruit and extract mass labor. All this is still going on today. The racism of the past is still active in the present. Alicia Garza, Opal Tometi, and Patrisse Cullors created #BlackLivesMatter movement as a response to the anti-... 2017 Most Relevant
Breanne J. Palmer THE CROSSROADS: BEING BLACK, IMMIGRANT, AND UNDOCUMENTED IN THE ERA OF #BLACKLIVESMATTER 9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... 2017 Most Relevant
S. Lamar Gardner #BLACKLIVESMATTER, DISPARATE-IMPACT, AND THE PROPERTY AGENDA 43 Southern University Law Review 321 (Spring, 2016) C1-2Table of Contents Introduction. 322 Part I. The Fair Housing Act and the Disparate-Impact Theory Debate. 326 A. Overview of the Fair Housing Act. 326 1. History Leading up to the FHA. 327 2. Passage of the FHA and its Content. 329 B. The Burden of Proof. 332 1. Proving Intentional Discrimination. 332 2. Proving Merely Discriminatory Effect. 335... 2016 Most Relevant
Margalynne J. Armstrong ARE WE NEARING THE END OF IMPUNITY FOR TAKING BLACK LIVES? 56 Santa Clara Law Review 721 (2016) Introduction. 722 I. Legal Protections (or a Lack Thereof) for the Lives of Slaves. 724 A. African Bondage. 724 B. The Legality of Murdering Slaves in North America. 729 C. Runaways, Patterollers, and the Fugitive Slave Act: Deputizing White Communities to Regulate Black Presence. 732 1. Patterollers. 733 2. No rights which the white man is bound... 2016 Most Relevant
Margalynne J. Armstrong ARE WE NEARING THE END OF IMPUNITY FOR TAKING BLACK LIVES? 56 Santa Clara Law Review 721 (2016) Introduction. 722 I. Legal Protections (or a Lack Thereof) for the Lives of Slaves. 724 A. African Bondage. 724 B. The Legality of Murdering Slaves in North America. 729 C. Runaways, Patterollers, and the Fugitive Slave Act: Deputizing White Communities to Regulate Black Presence. 732 1. Patterollers. 733 2. No rights which the white man is bound... 2016 Most Relevant
Samuel H. Pillsbury BLACK LIVES MATTER 13 Ohio State Journal of Criminal Law 567 (Spring, 2016) Jill Leovy, Ghettoside: A True Story of Murder in America (2015). Please write about it. Please! A mother pleading with a reporter to write about her son's murder (P. 37.) A great story teller sweeps you away. The story begins and all you want to do is ride the wave of words to its end. Jill Leovy begins her book, Ghettoside, about the police... 2016 Most Relevant
Samuel H. Pillsbury BLACK LIVES MATTER 13 Ohio State Journal of Criminal Law 567 (Spring, 2016) Jill Leovy, Ghettoside: A True Story of Murder in America (2015). Please write about it. Please! A mother pleading with a reporter to write about her son's murder (P. 37.) A great story teller sweeps you away. The story begins and all you want to do is ride the wave of words to its end. Jill Leovy begins her book, Ghettoside, about the police... 2016 Most Relevant
Mike Lillis Black Lives Matter accuses Dems of 'placating' the movement 2016 The Hill 4540486 (August 31, 2016) Black Lives Matter is going after Democrats for what the group deems a placating response to our demand to value all black life."" 2016 Most Relevant
  Black Lives Matter accuses Dems of 'placating' the movement (August 31, 2016) Black Lives Matter is going after Democrats for what the group deems a placating response to our demand to value all black life."" 2016 Most Relevant
Osagie K. Obasogie , Zachary Newman BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016 Most Relevant
Osagie K. Obasogie , Zachary Newman BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016 Most Relevant
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