| Author | Title | Citation | Summary | Year | Relevancy |
| W.C. Bunting |
AGAINST CORPORATE ACTIVISM: EXAMINING THE USE OF CORPORATE SPEECH TO PROMOTE CORPORATE SOCIAL RESPONSIBILITY |
74 Oklahoma Law Review 245 (Spring, 2022) |
This Article offers a novel typography of expenditures on corporate social responsibility, highlighting that such spending often requires a public business corporation to engage in corporate speech. When this speech pertains to social or political issues unrelated to the company's business, this Article argues that such expenditures are generally... |
2022 |
|
| Karen J. Pita Loor |
AN ARGUMENT AGAINST UNBOUNDED ARREST POWER: THE EXPRESSIVE FOURTH AMENDMENT AND PROTESTING WHILE BLACK |
120 Michigan Law Review 1581 (June, 2022) |
Protesting is supposed to be revered in our democracy, considered as American as apple pie in our nation's mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets... |
2022 |
|
| Richard Delgado , Jean Stefancic |
AN INTEREST-CONVERGENCE EXPLANATION OF THE 2020-2022 CONSERVATIVE ATTACK ON CRITICAL RACE THEORY: A COMMENT ON KYLE CAMPBELL'S LEGALLY BLACK: MATERIAL CONSTRUCTIONS OF RACE IN THE ATLANTIC WORLD |
22 Journal of Law in Society 287 (Spring, 2022) |
C1-2CONTENTS Abstract. 287 Introduction. 288 I. The Attack on Critical Race Theory. 289 II. The Critical Race Theory Movement and its Critics. 289 III. Explaining the Attack: Interest Convergence and Materialism Today. 291 A. Disappointment over Trump's Loss. 293 B. The Replacement Theory. 294 C. The Pandemic. 295 1. Two Conversations. 295 a. A... |
2022 |
|
| Majesta-Doré Legnini |
AN UNFULFILLED PROMISE: SECTION 1557'S FAILURE TO EFFECTIVELY CONFRONT DISCRIMINATION IN HEALTHCARE |
28 William and Mary Journal of Race, Gender, and Social Justice 487 (Winter, 2022) |
When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education... |
2022 |
|
| Eric K. Yamamoto , Suhyeon Burns , Taylor Takeuchi |
APOLOGY & REPARATION II: UNITED STATES ENGAGEMENT WITH NEAR-FINAL STAGES OF JEJU 4.3 SOCIAL HEALING |
45 University of Hawaii Law Review 77 (Winter 2022) |
I. Overview: Healing The Persisting Wounds Of The Jeju 4.3 Tragedy. 78 A. Intertwining the 1980s Japanese American Coram Nobis Case Reopenings and the 2018 Jeju 4.3 Military Commissions Retrials. 83 B. What's Missing from the Jeju 4.3 Social Healing Initiative Even After Judge Chang's Rulings?. 86 C. Calls from Researchers, Residents, Human Rights... |
2022 |
|
| Barry Friedman |
ARE POLICE THE KEY TO PUBLIC SAFETY?: THE CASE OF THE UNHOUSED |
59 American Criminal Law Review 1597 (Fall, 2022) |
We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off... |
2022 |
|
| Berta Esperanza Hernández-Truyol |
AWAKENING THE LAW: A LATCRITICAL PERSPECTIVE |
20 Seattle Journal for Social Justice 927 (Summer, 2022) |
The law is asleep; it needs awakening--a concept deployed across myriad disciplines to denote attaining a deep consciousness about and connection with the human condition, human actions, and their consequences. The outcome of an awakening is a realization of raw truths that allows seeing realities otherwise obscured by our perceptual... |
2022 |
|
| Matthew Epstein |
BALL NEVER LIES: HOW GUARANTEED CONTRACTS PROVIDE NBA PLAYERS MORE SECURITY THAN NFL PLAYERS TO ADVOCATE FOR SOCIAL JUSTICE |
93 University of Colorado Law Review 253 (Winter, 2022) |
Introduction. 254 I. Current NBA and NFL CBAs Provide Varying Levels of Job Security in Player Contracts. 256 II. Formation of the National Basketball Players Association. 262 III. The Creation of the National Football League and Players Association. 267 IV. The History of the NBA and NFL Alongside Watershed Social Justice Movements in the United... |
2022 |
|
| Rebecca Yin |
BANS WITH NO BITE: WHY RACIAL PROFILING BANS ARE UNABLE TO CREATE RACIAL JUSTICE IN POLICING |
43 Cardozo Law Review 1677 (April, 2022) |
C1-2Table of Contents Introduction. 1678 I. Background. 1681 A. A System Primed for Abuse. 1681 B. The Racial Profiling Problem. 1683 II. Analysis. 1686 A. Limitations of Traffic Stop Data. 1686 B. Traffic Stop Demographics. 1690 C. Self-Sabotaging Statutes. 1692 III. Possible Solutions. 1700 A. Legislative and Policy Reform. 1701 B. Judicial... |
2022 |
|
| Zohra Ahmed |
BARGAINING FOR ABOLITION |
90 Fordham Law Review 1953 (April, 2022) |
Introduction. 1953 I. Labor as a Source of Value. 1956 II. Labor as Material Input. 1962 A. Prosecutors' Labor Power Fueled Mass Incarceration. 1963 B. The Misaccounting of Size. 1964 C. Defunding Violence Work: Seattle's Solidarity Budget. 1971 III. Labor as a Source of (Transformative) Power. 1973 A. United Teachers Los Angeles and Bargaining for... |
2022 |
|
| Sherif Robert Hesni Jr. |
BASKETBALL ON STRIKE: THE ALL-STARS OF THE FIGHT FOR RACIAL EQUALITY |
24 Vanderbilt Journal of Entertainment and Technology Law 561 (Spring, 2022) |
National Basketball Association players have a long history of fighting against racial injustice. In August 2020, players participated in the most attention-grabbing endeavor to date: a league-wide strike against racial discrimination in the United States. Refusing to play games entails financial risk for players because of a no-strike clause in... |
2022 |
|
| Payton Pope |
BLACK LIVES MATTER IN THE JURY BOX: ABOLISHING THE PEREMPTORY STRIKE |
74 Florida Law Review 671 (July, 2022) |
Since its creation, the Batson Challenge has been widely criticized as a failure. It does not prevent discrimination in the jury selection process, has no bite, and does not serve as an adequate incentive to prevent discriminatory practices. The Supreme Court of the United States has had multiple opportunities in the last thirty years to strengthen... |
2022 |
|
| Gerald Lenoir |
BLACK LIVES MATTER IS A HUMAN RIGHTS ISSUE |
55 Cornell International Law Journal 1 (Spring, 2022) |
Introduction. 1 I. The Historical Context. 2 II. BLM and Human Rights in the 21st Century. 4 |
2022 |
|
| Danielle M. Conway |
BLACK WOMEN'S SUFFRAGE, THE NINETEENTH AMENDMENT, AND THE DUALITY OF A MOVEMENT |
13 Alabama Civil Rights & Civil Liberties Law Review 1 (2021-2022) |
America is at an unprecedented time with self-determination for Black women. This phase of the movement is reverberating throughout this nation and around the world. There is no confusion for those who identify as Black women that this movement is perpetual, dating back to the enslavement of Black people in America by act and by law. One need only... |
2022 |
|
| Lisa M. Fairfax |
BOARD COMMITTEE CHARTERS AND ESG ACCOUNTABILITY |
12 Harvard Business Law Review 371 (Summer, 2022) |
Introduction. 371 I. Committee Charters and Board Oversight. 374 A. The Survey Results. 375 B. Notable ESG Topics. 377 1. Environmental Consensus. 378 2. Political Oversight Without Disclosure. 380 3. Much Ado about Charity. 382 4. Diversity and Inclusion--Hold the Equity. 382 II. Accountability Benefits of Board ESG Oversight. 386 A. Charters +... |
2022 |
|
| Tolulope Sogade |
BODY-WORN CAMERA FOOTAGE RETENTION AND RELEASE: DEVELOPING AN INTERMEDIATE FRAMEWORK FOR PUBLIC ACCESS IN A NEW AFFIRMATIVE DISCLOSURE-DRIVEN TRANSPARENCY MOVEMENT |
122 Columbia Law Review 1729 (October, 2022) |
The widespread use of body-worn cameras (BWCs) by law enforcement agencies calls into question how those departments store and publicly release the large amounts of video footage they amass under public access laws. This Note identifies a changing landscape of public access law, with a close look at the federal Freedom of Information Act (FOIA) and... |
2022 |
|
| Mari Cheney , Mandy Lee , Anna Lawless-Collins |
BOLSTERING THE ASIAN AMERICAN LAW LIBRARY COLLECTION: A COLLECTION DEVELOPMENT GUIDE |
114 Law Library Journal 285 (2022) |
An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American--related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on... |
2022 |
|
| Paul J. Hennigan, Ellen S. Cohn, Department of Psychology, University of New Hampshire |
BREAKING RULES FOR MORAL REASONS: DEVELOPMENT AND VALIDATION OF THE PROSOCIAL AND ANTISOCIAL RULE-BREAKING (PARB) SCALE |
46 Law and Human Behavior 290 (August, 2022) |
Objectives: To determine whether prosocial rule-breaking exists as a separate construct from antisocial rule-breaking and to develop a valid rule-breaking scale with prosocial and antisocial subscales. Hypotheses: We hypothesized that (a) rule-breaking would have prosocial and antisocial subfactors; (b) the prosocial rule-breaking subscale would... |
2022 |
|
| Henry Voysey |
CAN POLITICAL ACTIVISM AND "AT-WILL" EMPLOYMENT COEXIST?: AN EXAMINATION OF POLITICAL RIGHTS IN THE PRIVATE SECTOR OF THE WORKFORCE |
90 UMKC Law Review 965 (Summer, 2022) |
Put yourself in the position of professional sportswriter Bart Hubboch. In the winter of 2017, Hubboch shared his belief that the election of Donald Trump would be catastrophic to America with millions of other people via social media. By all accounts, Hubboch was genuinely fearful; so much so that when Trump was elected, he lost sleep and later... |
2022 |
|
| Lena Freij |
CENTERING ENVIRONMENTAL JUSTICE IN CALIFORNIA: ATTEMPTS AND OPPORTUNITIES IN CEQA |
28 Hastings Environmental Law Journal 75 (Winter, 2022) |
Environmental justice communities and advocates have used the California Environmental Quality Act (CEQA) as a necessary tool to incorporate their concerns into agency decision-making. However, environmental justice is neither mentioned in the statutory language of CEQA, nor was it intended as a fundamental purpose of CEQA as an environmental... |
2022 |
|
| Gregory P. Magarian |
CENTERING NONCITIZENS' FREE SPEECH |
56 Georgia Law Review 1563 (2022) |
First Amendment law pays little attention to noncitizens' free speech interests. Perhaps noncitizens simply enjoy the same First Amendment rights as citizens. However, ambivalent and sometimes hostile Supreme Court precedents create serious cause for concern. This Essay advocates moving noncitizens' free speech from the far periphery to the center... |
2022 |
|
| Alexandra Chen |
CHEMICAL WEAPONS AND THEIR UNFORESEEN IMPACT ON HEALTH AND THE ENVIRONMENT |
12 Seattle Journal of Technology, Environmental & Innovation Law 1 (January, 2022) |
Following the murder of George Floyd, the United States became embroiled in growing awareness about systemic racism in its criminal justice system. Citizens across the country took over streets to protest police brutality against people of color. They were met not with governmental understanding and condemnation of the policies that led to Mr.... |
2022 |
|
| Saura Masconale , Simone M. Sepe |
CITIZEN CORP. - CORPORATE ACTIVISM AND DEMOCRACY |
100 Washington University Law Review 257 (2022) |
Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this development as the rise of responsible capitalism. Popularized accounts have attacked the woke corporation as ideological, elitist, and fraudulent. Both views examine the new corporate... |
2022 |
|
| Sean A. Berman |
COLLECTIVE MEMORY, CRIMINAL LAW, AND THE TRIAL OF DEREK CHAUVIN |
72 Duke Law Journal 481 (November, 2022) |
This Note describes how criminal trials for prominent criminal acts contribute to the collective memory of the underlying offense. Hannah Arendt once argued that the purpose of criminal trials is to render justice, and nothing else. Unlike criminal trials, political trials strive to produce collective memory. This Note utilizes political trials... |
2022 |
|
| Trey A. Duran |
COLLEGE CAMPUS POLICE ABOLITION |
31-SPG Kansas Journal of Law & Public Policy 327 (Spring, 2022) |
There is a surprising lack of discussion about college campus police abolition in legal scholarship. Only within the last decade has legal scholarship begun to seriously discuss the movement to abolish prisons and police. This Article argues that college campus police abolitionists should gradually shift resources to social services and community... |
2022 |
|
| Stephanie Bornstein |
CONFRONTING THE RACIAL PAY GAP |
75 Vanderbilt Law Review 1401 (October, 2022) |
For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... |
2022 |
|
| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
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CONSTITUTIONAL LAW--FOURTH AMENDMENT--FOURTH CIRCUIT HOLDS WARRANTLESS ACCESS OF AERIAL SURVEILLANCE DATA UNCONSTITUTIONAL.--LEADERS OF A BEAUTIFUL STRUGGLE v. BALTIMORE POLICE DEPARTMENT, 2 F.4TH 330 (4TH CIR. 2021) |
135 Harvard Law Review 920 (January, 2022) |
The Fourth Amendment safeguards [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. In Carpenter v. United States, the Supreme Court held that the ability to build a comprehensive chronicle of a person's movements over an extended period of time using cell phone... |
2022 |
|
| Evelyn Douek |
CONTENT MODERATION AS SYSTEMS THINKING |
136 Harvard Law Review 526 (December, 2022) |
C1-2CONTENTS Introduction. 528 I. The Standard Picture of Content Moderation. 535 II. The Standard Picture's Blind Spots. 539 A. Content Moderation Bureaucracies Are a They Not an It. 539 1. Non-Content-Based Content Moderation. 539 2. Cross-Platform and Government Cooperation. 542 3. Delegated Decisionmaking. 543 4. Design and Affordances. 545... |
2022 |
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| Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law |
CONTINUOUS ACTION TOWARD JUSTICE |
37 Journal of Law and Religion 63 (January, 2022) |
(Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... |
2022 |
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