| Author | Title | Citation | Summary | Year | Relevancy |
| Gregory S. Parks , Etienne C. Toussaint |
THE COLOR OF LAW REVIEW |
103 Boston University Law Review 181 (February, 2023) |
Of the approximately sixty-five Black law review Editors-in-Chief (EICs) throughout U.S. history, at least thirty-eight--more than half--were elected in the past ten years. What inspired the dramatic increase in the diversity of law review leadership in recent history, and why has it taken so long? This question--what this Article calls law... |
2023 |
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| Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
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| John Crain |
THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS |
86 Albany Law Review 599 (2022-2023) |
Weinstein copped to groping her the previous day: a full, dramatic confession, caught on tape .. [T]wo weeks after Gutierrez reported Weinstein to the police, the district attorney's office announced that it wasn't going to press charges .. Law enforcement officials began to whisper that the DA's office had behaved strangely. -Ronan Farrow on... |
2023 |
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| LaToya Baldwin Clark |
THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS |
132 Yale Law Journal 2139 (May, 2023) |
In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... |
2023 |
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| Lynda Wray Black |
THE DAY THE FIGHT SONG DIED: THE ALSTON CONCURRENCE THAT BECAME THE PLAYBOOK |
53 University of Memphis Law Review 1009 (Summer, 2023) |
Abstract. 1010 I. Introduction. 1011 II. The Halcyon Days of Amateurism. 1012 III. The Beginning of the End. 1017 A. A Tale of Two Student-Athletes. 1017 B. Prior Attacks on Amateurism. 1020 IV. The Shifting Landscape: Amnesty From Amateurism Becomes Animosity For Amateurism. 1021 A. Antitrust Attacks on the NCAA: Comparing Regents and Alston. 1021... |
2023 |
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| Shirin Bakhshay |
THE DISSOCIATIVE THEORY OF PUNISHMENT |
111 Georgetown Law Journal 1251 (June, 2023) |
The American public has complex views on criminal punishment. They are driven primarily by retributive motivations. But they have other justice considerations, such as restoration and rehabilitation, that can be activated in different ways. Laypersons are also motivated to psychologically distance and dissociate from those they perceive to be... |
2023 |
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| Caitlin Millat |
THE EDUCATION--DEMOCRACY NEXUS AND EDUCATIONAL SUBORDINATION |
111 Georgetown Law Journal 529 (March, 2023) |
Many believe that American democracy is in critical danger. These heightened concerns about democracy's survival have spurred conversation about the role public education can and should play in American life. At the same time, a wave of legislation has emerged that not only threatens to minimize public education's democratizing and equity-enhancing... |
2023 |
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| Ofer Raban |
THE FREE SPEECH OF PUBLIC EMPLOYEES AT A TIME OF POLITICAL POLARIZATION: CLARIFYING THE PICKERING BALANCING TEST |
60 Houston Law Review 653 (Winter, 2023) |
The First Amendment restricts the ability of government employers to punish public employees for their speech. The governing constitutional standard, known as the Pickering test, is a flexible balancing inquiry pitting the interests of the government as an employer against the free speech interests of their employees. But this seemingly simple... |
2023 |
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| Ava Ayers |
THE IMPOSSIBILITY OF LOCAL POLICE REFORM |
50 Fordham Urban Law Journal 609 (April, 2023) |
Why weren't there transformational changes to policing in the United States after the murder of George Floyd and the uprising that followed? While there are many reasons, including entrenched racism and inertia, I want to point to structural factors that make police reform impossible in many localities, and surpassingly difficult in all. First, the... |
2023 |
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| Mark S. Brodin |
THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE |
106 Marquette Law Review 593 (Spring, 2023) |
White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... |
2023 |
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| Vincent M. Southerland |
THE MASTER'S TOOLS AND A MISSION: USING COMMUNITY CONTROL AND OVERSIGHT LAWS TO RESIST AND ABOLISH POLICE SURVEILLANCE TECHNOLOGIES |
70 UCLA Law Review 2 (June, 2023) |
The proliferation and use of technology by law enforcement is rooted in the hope that technological tools can improve policing. Improvement, however, is relative. Quantitative data and qualitative experience have proven the criminal legal system a site of racial injustice and rank brutality. Police are one of the principal instruments of those... |
2023 |
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| Michal Barzuza , Quinn Curtis , David H. Webber |
THE MILLENNIAL CORPORATION: STRONG STAKEHOLDERS, WEAK MANAGERS |
28 Stanford Journal of Law, Business & Finance 255 (Spring, 2023) |
The most important phenomenon in the corporate world today is the swift and dramatic rise of the Environmental, Social, and Governance (ESG) movement. Commentators have tried to fit this development into familiar frameworks of shareholder value or management entrenchment. In contrast, in this Article we develop, for the first time, a theory of... |
2023 |
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| Kindaka J. Sanders |
THE NEW DREAD, PART II: THE JUDICIAL OVERTHROW OF THE REASONABLENESS STANDARD IN POLICE SHOOTING |
71 Cleveland State Law Review 1029 (2023) |
C1-2Contents I. Introduction. 1030 II. Excessive Force Law. 1035 A. General. 1035 B. At Common Law. 1041 C. Case Law. 1041 1. Tennessee v. Garner. 1041 2. Graham v. Connor. 1043 3. Scott v. Harris. 1046 4. Plumhoff v. Rickard. 1048 5. County of Los Angeles v. Mendez. 1050 D. Qualified Immunity. 1051 III. Sea Change. 1056 A. Right to Resist an... |
2023 |
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| Sarah Mikva Pfander |
THE PATH TO MUNICIPAL LIABILITY FOR RACIALLY DISCRIMINATORY POLICING |
69 UCLA Law Review 1270 (January, 2023) |
Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic... |
2023 |
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| Russell M. Gold , Kay L. Levine |
THE PUBLIC VOICE OF THE DEFENDER |
75 Alabama Law Review 157 (2023) |
Introduction. 158 I. Defenders Driving Disruptive Change Through Social Media. 166 A. Social Media as a Tool of Social Movements. 168 B. Defenders' Strategic Social Networking. 172 1. Social Networking Sites. 174 a. Facebook. 174 i. The Platform's Features. 174 ii. Defenders' Use. 176 b. X (Twitter). 178 i. The Platform's Features. 178 ii.... |
2023 |
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| Madalyn K. Wasilczuk |
THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE |
111 Georgetown Law Journal 1125 (May, 2023) |
C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... |
2023 |
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| Jancy Nielson, Esq. |
THE SLOW RACE: ACHIEVING EQUITY THROUGH LEGISLATIVE AND AGENCY MINORITY IMPACT STATEMENTS |
41 Minnesota Journal of Law & Inequality 45 (Summer, 2023) |
The Iowa Legislature enacted the nation's first minority impact statement legislation in 2008. This legislation came after a study by Marc Mauer from the Sentencing Project ranked Iowa as the worst state in the country for racially disproportionate incarceration. Former Iowa State Representative Wayne Ford championed this legislation in Iowa, which... |
2023 |
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| Lakia Faison , Laura Smalarz , Stephanie Madon , Kimberley A. Clow |
THE STIGMA OF WRONGFUL CONVICTION DIFFERS FOR WHITE AND BLACK EXONEREES |
47 Law and Human Behavior 137 (February, 2023) |
Objective: Black people are disproportionately targeted and disadvantaged in the criminal legal system. We tested whether Black exonerees are similarly disadvantaged by the stigma of wrongful conviction. Hypotheses: In Experiment 1, we predicted that the stigma of wrongful conviction would be greater for Black than White exonerees. After finding... |
2023 |
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| Shlomit Yanisky-Ravid, Kyle Fleming |
THE TRIPARTITE MODEL OF FACIAL RECOGNITION: BRIDGING THE GAP BETWEEN PRIVACY, PUBLIC SAFETY, TECHNOLOGY AND THE FOURTH AND FIRST AMENDMENTS |
37 Notre Dame Journal of Law, Ethics & Public Policy 159 (2023) |
Facial Recognition Technologies (FRT) are being rapidly adopted by federal agencies in the U.S. and across the globe. U.S. law enforcement agencies are increasingly using body-worn cameras, which implicate sensitive human and civil rights issues when paired with FRT. Federal agencies are not only using these technologies, but also investing in... |
2023 |
|
| David Kinzer |
THE UNFULFILLED PROMISE OF THE DETROIT BOARD OF POLICE COMMISSIONERS |
69 Wayne Law Review 65 (Spring, 2023) |
I. Introduction. 65 II. Background. 69 A. Early Patterns of Racialized Police Violence. 69 B. John Nichols: Naked in the Jungle of Politics. 72 C. Election Day 1973. 75 D. Implementing Affirmative Action. 78 E. The Fight for Power. 80 F. Throttled Reforms and Stagnation. 84 III. Analysis. 90 A. Revisiting Deadly Force and Qualifying Success. 91... |
2023 |
|
| Lindsay Willson |
TIKTOK v. TRUMP: THE "RENEGADE" OF DIGITAL FAIR TRADE |
24 Oregon Review of International Law 263 (2023) |
I. Overview: What Is TikTok?. 264 A. Behind The Feed--China's Ownership of TikTok and Regulatory Policies. 268 B. TikTok's Content and Data Collection Issues. 271 II. TikTok v. Trump. 279 A. Framing the Dispute. 279 B. Outcome of Litigation. 281 C. Why Trump Failed: Unilateralism in International Digital Trade. 284 1. Defining International Digital... |
2023 |
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| Mark A. Lemley, Mark P. McKenna |
TRADEMARK SPACES AND TRADEMARK LAW'S SECRET STEP ZERO |
75 Stanford Law Review 1 (January, 2023) |
Abstract. When is a design just a design, and when is it a trademark? Over the last several decades, courts have developed a clear framework for evaluating the distinctiveness of certain unconventional marks, especially those typically conceived of as trade dress. The Supreme Court has drawn a line between product packaging, on the one hand, and... |
2023 |
|
| James Roth |
TRANSFORMING THE MINNEAPOLIS POLICE DEPARTMENT TO CONFORM WITH THE RULE OF LAW: REFORM OR ABOLITION |
49 Mitchell Hamline Law Review 474 (April, 2023) |
I. Introduction. 475 II. Rule of Law. 477 III. Background. 477 A. History of the Minneapolis Police Department. 477 B. Statistical Disparities. 486 C. The Murder of George Floyd and Its Aftermath. 487 D. 2021 Referendums to Amend Minneapolis City Charter and Citywide Elections. 490 E. Post-November 2021 Election Developments. 494 F. Department of... |
2023 |
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| Lindsay Sain Jones , Goldburn P. Maynard, Jr. |
UNFULFILLED PROMISES OF THE FINTECH REVOLUTION |
111 California Law Review 801 (June, 2023) |
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... |
2023 |
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UNITED STATES: MASSACHUSETTS: FEDERAL JUDGE RULES GROCERY STORE DID NOT RETALIATE OVER FACEMASK DRESS CODE POLICY |
Labor & Employment Law 2213238 (2023) |
Article by Bernard J. Bobber and Zachary V. Zagger of Ogletree, Deakins, Nash, Smoak & Stewart On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing of facemasks with Black... |
2023 |
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| Jon D. Michaels , David L. Noll |
VIGILANTE FEDERALISM |
108 Cornell Law Review 1187 (July, 2023) |
In battles over abortion, religion, sexuality, gender, and race, state legislatures are mass producing a new weapon. From Texas's S.B. 8 to book bans and a flurry of bills empowering parents to sue schools that acknowledge LGBTQ+ identities or implement anti-racist curricula, state legislatures are enacting laws that call on private parties--and... |
2023 |
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| Frank D. LoMonte , Paola Fiku |
WATCH WHERE YOU CHALK, 'CAUSE THE SIDEWALKS TALK: THE FIRST AMENDMENT AND EPHEMERAL "OCCUPATIONS" OF PUBLIC PROPERTY |
47 Vermont Law Review 487 (Summer, 2023) |
Introduction. 487 I. First Things First: The Forum Beneath Your Feet. 490 A. The Right to Use Public Property as a Platform for Speech. 490 B. Cracks in the Sidewalk as Forum. 493 II. Chalking as Protest: Cases and Controversies. 499 A. Battle Lines Drawn: Campus Chalking Clashes. 499 B. Is There a Right to Write?. 501 1. Chalking Prohibitions... |
2023 |
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| Yuvraj Joshi |
WEAPONIZING PEACE |
123 Columbia Law Review 1411 (June, 2023) |
American racial justice opponents regularly wield a desire for peace, stability, and harmony as a weapon to hinder movement toward racial equality. This Essay examines the weaponization of peace historically and in legal cases about property, education, protest, and public utilities. Such peace claims were often made in bad faith and with little or... |
2023 |
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| Samantha Newman |
WHAT A WASTE! AN EVALUATION OF FEDERAL AND STATE MEDICAL AND BIOHAZARD WASTE REGULATIONS DURING THE COVID-19 PANDEMIC AND THEIR IMPACT ON ENVIRONMENTAL JUSTICE |
34 Villanova Environmental Law Journal 57 (2023) |
Scientists first reported the novel human coronavirus (COVID-19) disease in late 2019. On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic, meaning it is a disease that is prevalent across the globe. COVID-19 is one of only five documented pandemics since the 1918 flu. Understanding the COVID-19 virus and its global... |
2023 |
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| Nancy C. Marcus |
WHEN "RIOT" IS IN THE EYE OF THE BEHOLDER: THE CRITICAL NEED FOR CONSTITUTIONAL CLARITY IN RIOT LAWS |
60 American Criminal Law Review 281 (Spring, 2023) |
In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially... |
2023 |
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