| Author | Title | Citation | Summary | Year | Relevancy |
| Charelle Lett |
BLACK WOMEN VICTIMS OF POLICE BRUTALITY AND THE SILENCING OF THEIR STORIES |
30 UCLA Journal of Gender & Law 131 (Summer, 2023) |
C1-2Table of Contents Introduction. 132 I. Brief History of State Sanctioned Violence Against Black People in the United States. 132 A. Slave Patrols as the Foundation of Modern Policing. 132 B. The Lynching Period and Law Enforcement's Involvement. 134 C. Historical Account of the Criminalization of Black Activism. 136 1. Second Red Scare. 136 2.... |
2023 |
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| Quinlan Cummings |
CALLING OFFICER HESTER PRYNNE! THE PROMISES AND PITFALLS OF EMPLOYING PUBLIC SHAME AS A DETERRENT FOR POLICE MISCONDUCT |
60 American Criminal Law Review 179 (Winter, 2023) |
I literally could not put my phone down. Whether I got shot or not, this needed to be documented. Those words were spoken by the bystander who used their smartphone to capture the moment that police in Austin, Texas opened fire on peaceful protestors seeking medical assistance for 20-year-old Justin Howell. An officer had shot Howell in the back... |
2023 |
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| Jonathan Jackson , Tasseli McKay , Leonidas Cheliotis , Ben Bradford , Adam Fine , Rick Trinkner |
CENTERING RACE IN PROCEDURAL JUSTICE THEORY: STRUCTURAL RACISM AND THE UNDER- AND OVERPOLICING OF BLACK COMMUNITIES |
47 Law and Human Behavior 68 (February, 2023) |
Objective: We assessed the factors that legitimized the police in the United States at an important moment of history, just after the police killing of George Floyd in 2020. We also evaluated one way of incorporating perceptions of systemic racism into procedural justice theory. Hypotheses: We tested two primary hypotheses. The first hypothesis was... |
2023 |
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| Lindsey Gellar |
CONGRESS IS REINSTATING THE COLOR LINE: HOW THE SAVE AMERICA'S PASTIME ACT AND THE JUDICIAL ANTITRUST EXEMPTION CONTRIBUTE TO RACIAL INEQUITY IN PROFESSIONAL BASEBALL |
15 Drexel Law Review 399 (2023) |
Racial inequity is a common theme in the United States, and America's pastime is no exception. Black representation in professional baseball has been on the decline for decades since its peak of nearly 20%. The law compounds on inequitable economic and political systems to make it more difficult for Black American-born baseball players to survive... |
2023 |
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| Chris Riedel, Porter Wright Morris & Arthur LLP |
CONSISTENCY MATTERS: WHEN THE EMPLOYER SPEAKS, THE EMPLOYEES MAY ANSWER |
4 Great Lakes Employment Law Letter 2 (7/1/2023) |
A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee's right to wear buttons and masks in support... |
2023 |
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| Chris Riedel, Porter Wright Morris & Arthur LLP |
CONSISTENCY MATTERS: WHEN THE EMPLOYER SPEAKS, THE EMPLOYEES MAY ANSWER |
4 Mountain West Employment Law Letter 4 (7/1/2023) |
A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee's right to wear buttons and masks in support... |
2023 |
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| Professor Mirko Bagaric , Jennifer Svilar , Brienna Bagaric |
CONTINUING PRINCIPLED SENTENCING REFORM AND WINDING BACK MASS INCARCERATION AGAINST THE BACKDROP OF AMERICA'S SURGE IN VIOLENT CRIME |
23 Nevada Law Journal 411 (Spring, 2023) |
Five decades of an unremitting tough on crime policy resulted in the United States having the highest incarceration rate on earth. This approach was in the process of being systematically wound back in recent years. The mood for criminal justice reform was highlighted by the receptiveness of many people to what on their face seemed to be radical... |
2023 |
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| Ryan Newman |
CORPORATE CAPTAINS OF THE WOKE REVOLUTION: THE NEED TO LIMIT CORPORATE POLITICAL ACTIVISM |
27 Texas Review of Law and Politics 663 (Summer, 2023) |
Introduction. 664 I. The Woke Revolution. 666 II. The Rise of Woke Corporate Activism. 673 III. The Need to Limit Woke Corporate Activism. 681 IV. Corporate Free Speech Rights Properly Understood. 685 Conclusion. 696 |
2023 |
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| Silas J. Petersen |
COUNTERING PUBLIC PRESSURE: JURY ANONYMITY AS A PROTECTION OF CRIMINAL DEFENDANTS |
37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 634 (2023) |
The phenomenon known as trial by media has long been regarded as dangerous to the fairness of high-profile trials. American history is replete with trials that captured public attention and galvanized anti-defendant fervor. One way that media coverage can threaten a defendant's right to a fair trial is when the media prejudices the jury by... |
2023 |
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| Marty Berger , David A. Sklansky |
CRIME, COMMUNITY, AND THE SHADOW OF THE VIRTUAL |
2023 University of Illinois Law Review 1607 (2023) |
As reformers and abolitionists spar over the future of law enforcement, both camps urge giving the community a weightier say in defining public safety priorities. Regardless of whether police departments should be further revamped or instead defunded, a key task will be determining how to grapple with the complicated, heterogeneous nature of... |
2023 |
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| Angelica Knight |
CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY |
17 Florida A & M University Law Review 141 (Spring, 2023) |
C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... |
2023 |
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| Kathleen Kapusta, J.D. |
DISCRIMINATION-N.D. ILL.: HOSPITAL EMPLOYEE FIRED AFTER DISPLAYING 'OFFENSIVE' POLITICAL DECALS CAN'T ADVANCE RACE, SEXUAL ORIENTATION CLAIMS |
Wolters Kluwer Employment Law Daily (3/7/2023) |
The Caucasian employee asked the court to draw a connection between his racial identity and the accusations he displayed images associated with white supremacy. Dismissing a white heterosexual maintenance engineer's Title VII claims alleging his hospital employer discriminated against him through its choice to take [a] position in support of a... |
2023 |
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| Ursula Furi-Perry, J.D., MBA |
DISCRIMINATION-RACE-W.D. KY.: USPS GRANTED SUMMARY JUDGMENT ON REVERSE DISCRIMINATION CLAIM BROUGHT BY POSTAL WORKER |
Wolters Kluwer Employment Law Daily (7/10/2023) |
Mail carrier could not establish that the USPS discriminates against the majority, did not experience a significant change in employment status, and could not demonstrate that he was treated differently than similarly situated non-protected employees. A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed... |
2023 |
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| Kaleigh Ewing |
DRIVER IMMUNITY LAWS: WHY THEY ARE MORE DANGEROUS THAN YOU THINK |
75 Oklahoma Law Review 355 (Winter, 2023) |
On May 31, 2020, a man with his wife and two children sped his one-ton truck through a crowd of protesters in Tulsa, Oklahoma, injuring at least three people. He stated that he and his family feared for their lives when protesters surrounded his vehicle. While it is uncertain who initiated the hostilities during the incident, witnesses suggested... |
2023 |
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EMPLOYMENT PRACTICES LETTER NO. 1195 ISSUE NO. 2280 |
Employment Practices Guide 2648869 (2023) |
RELIGIOUS DISCRIMINATIONTeacher fired after protesting same-sex families' book denied injunction ordering reinstatement RACE DISCRIMINATIONEmployee's claim that employer created unlawful hostile work environment revived on appeal Hospital employee fired after displaying offensive political decals can't advance race, sexual orientation... |
2023 |
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| Rangita de Silva de Alwis , Amani Carter , Govind Nagubandi |
EQUITABLE ECOSYSTEM: A TWO-PRONGED APPROACH TO EQUITY IN ARTIFICIAL INTELLIGENCE |
29 Michigan Technology Law Review 165 (Spring, 2023) |
Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that... |
2023 |
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| Maureen A. Maffei of Ice Miller LLP |
EXPERT INSIGHTS-'ARE YOU REALLY GOING TO WEAR THAT TO WORK?' NEW DECISION UPHOLDING EMPLOYER'S DRESS CODE |
Wolters Kluwer Employment Law Daily (2/14/2023) |
Although the recent decision supports an employer's right to make and consistently apply dress code rules, other cases have ended differently. With some exceptions, employers have the ability to dictate what an employee can and cannot wear at work, even if prohibiting certain attire may limit an employee's personal expression, so long as its... |
2023 |
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| Dawn C. Nunziato |
FIRST AMENDMENT PROTECTIONS FOR "GOOD TROUBLE" |
72 Emory Law Journal 1187 (2023) |
In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech--the preferred response within our constitutional framework--but also by efforts by the... |
2023 |
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FLORIDA TEACHER TERMINATED OVER SUPPORT OF BLACK ATHLETES, SUIT ALLEGES |
24 Employment Practices Liability Verdicts and Settlements 21 (2/1/2023) |
A former teacher and girls basketball coach at a private Florida high school says he was illegally fired for supporting two Black student-athletes in their protests against racial discrimination at the school. In a complaint filed in the U.S. District Court for the Southern District of Florida, Brett Studley says American Learning Systems Inc.... |
2023 |
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| John Fabian Witt , Morgan Savige |
FORESEEABILITY CONVENTIONS |
44 Cardozo Law Review 1075 (February, 2023) |
The risk reasonably to be perceived defines the duty to be obeyed .. --Palsgraf v. Long Island Railroad Co. (N.Y. 1928) [T]here are clear judicial days on which a court can foresee forever .. --Thing v. La Chusa (Cal. 1989) How has the foreseeability standard survived its critics? Law relies on foreseeability to solve hard legal problems in a vast... |
2023 |
|
| Leah Reiss |
FREEDOM TO PRAY, NOT TO PROTEST |
107 Minnesota Law Review 2285 (May, 2023) |
Since the first half of 2020, parallel fears of social unrest and viral contagion have motivated waves of restrictions on gatherings. In just two years, the COVID-19 pandemic, which was first identified in the United States in January 2020, claimed the lives of nearly one million people in this country alone. In the spring and summer of 2020,... |
2023 |
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| Faith A. Parker |
FRIENDS WITH BENEFITS: EXPANDING VIRGINIA'S DOMESTIC VIOLENCE AND MUTUAL PROTECTION ORDER STATUTES TO INCLUDE RECIPROCAL BENEFICIARIES |
29 William and Mary Journal of Race, Gender, and Social Justice 715 (Spring, 2023) |
On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence... |
2023 |
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| Renee Nicole Allen |
GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR |
29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) |
The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... |
2023 |
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| Michael Conklin |
HOWARD LAW SCHOOL, RACE, AND PEER RANKINGS: THE INCREASING CORRELATION BETWEEN RACIAL SALIENCE AND PREFERENTIAL RANKINGS |
59 Willamette Law Review 189 (Spring, 2023) |
In 2020, novel research was conducted to measure disparities between the U.S. News & World Report overall rankings and the peer rankings of law schools. The research uncovered a stark outlier in Howard University School of Law, whose peer rank was consistently twenty to forty spots higher than its overall rank. This Article updates the research,... |
2023 |
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| Jennifer J. Lee |
IMMIGRATION DISOBEDIENCE |
111 California Law Review 71 (February, 2023) |
The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... |
2023 |
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| Nina Farnia |
IMPERIALISM AND BLACK DISSENT |
75 Stanford Law Review 397 (February, 2023) |
Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... |
2023 |
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| Adam N. Eckart |
IN BUSINESS WE TRUST |
23 Wake Forest Journal of Business and Intellectual Property Law 227 (Spring, 2023) |
I. Introduction. 228 II. Business-led Social Activism. 230 A. Past as Prologue. 230 B. Business Involvement Today. 235 1. LGBTQ Rights. 236 2. Race. 242 3. Gun Safety. 243 4. Contraception and Abortion. 246 5. Beyond Politics. 248 III. Corporate Governance and Fiduciary Duties. 249 A. Traditional Fiduciary Duties. 249 B. Stakeholder Theory. 251 C.... |
2023 |
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| Barbara O'Brien, Catherine M. Grosso |
JUDGES, LAWYERS, AND WILLING JURORS: A TALE OF TWO JURY SELECTIONS |
98 Chicago-Kent Law Review 107 (2023) |
Race has long had a pernicious role in how juries are assembled in the United States. Racism--intentional, implicit, and structural--has produced disparities in how jury venires are selected, whom the court excuses for cause, and how lawyers exercise their peremptory strikes. We are, however, at a moment of reform in the United States. We see... |
2023 |
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| Michael Conklin |
LAW SCHOOL RANKINGS AND POLITICAL IDEOLOGY: MEASURING THE CONSERVATIVE PENALTY AND LIBERAL BONUS WITH UPDATED 2023 RANKINGS DATA |
37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 508 (2023) |
In 2020, novel research was conducted to measure whether, and to what extent, conservative law schools are punished and liberal law schools are rewarded in the U.S. News & World Report peer rankings. The study found a drastic conservative penalty and liberal bonus that amounted to a difference in the peer rankings of twenty-eight spots. This... |
2023 |
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| Hanna M. Metzler |
LET'S NOT TALK ABOUT IT: HOW COURTS APPLY CONSTITUTIONAL AVOIDANCE AND QUALIFIED IMMUNITY AS A SHIELD FOR LAW ENFORCEMENT OFFICERS |
88 Missouri Law Review 873 (Summer, 2023) |
On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (SLMPD) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement... |
2023 |
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