| Author | Title | Citation | Summary | Year | Relevancy |
| Katharine Waters |
FROM SCHOOLHOUSE GATE TO LOCKER ROOM DOOR: THE STUDENT ATHLETE'S CONSTITUTIONAL RIGHT TO PROTEST AT A PUBLIC UNIVERSITY DOES NOT STOP AT THE HARDWOOD |
73 Hastings Law Journal 1593 (July, 2022) |
The Supreme Court has not faced a case involving the public university student athlete's right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests stemming from the arena of sports is nothing new, and athletes are supported by a long and rich history of influential professional... |
2022 |
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| David McNamee |
FUNDAMENTAL LAW, FUNDAMENTAL RIGHTS, AND CONSTITUTIONAL TIME |
55 Indiana Law Review 319 (2022) |
This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation--as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary... |
2022 |
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| Brian L. Owsley |
GEORGE FLOYD, GENERAL WARRANTS, AND CELL-SITE SIMULATORS |
59 American Criminal Law Review 149 (Winter, 2022) |
The Fourth Amendment was enacted to prevent the government from utilizing general warrants. Instead, the government must obtain a warrant that is based on the specificity or particularity of the person, place, or thing to be searched. This approach evolved from a property-centric approach to safeguarding Fourth Amendment rights to one that is based... |
2022 |
|
| David D. Coyle |
GETTING IT RIGHT: WHETHER TO OVERTURN QUALIFIED IMMUNITY |
17 Duke Journal of Constitutional Law & Public Policy 283 (Spring, 2022) |
Qualified immunity, the defense available to police officers and other government officials facing civil rights lawsuits, has increasingly come under attack. In recent opinions, Justice Clarence Thomas has noted his growing concern that the Court's current qualified immunity jurisprudence, which deals with whether a right is clearly established,... |
2022 |
|
| Veryl Pow |
GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION |
69 UCLA Law Review 80 (March, 2022) |
In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... |
2022 |
|
| Melissa Charbonneau |
GUN VIOLENCE: THE AMERICAN HATE CRIME EPIDEMIC |
28 Public Interest Law Reporter 19 (Fall, 2022) |
In the United States, 321 people are shot every day. Whether it occurs directly to you or to a family member or friend, or whether one simply witnesses the recurring events on the news, it is one of the few constants in all our lives. In the United States alone, there have been 38,421 gun violence deaths as of November 12, 2022. With a number that... |
2022 |
|
| Jonathan Turley |
HARM AND HEGEMONY: THE DECLINE OF FREE SPEECH IN THE UNITED STATES |
45 Harvard Journal of Law & Public Policy 571 (Spring, 2022) |
Throughout its history, the United States has struggled with movements that aim to silence others through state or private action. These periods have been pendulous, with acute suppression followed by relative tolerance for free speech. This boom-or-bust pattern for free speech may well continue. However, the United States is arguably living... |
2022 |
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| Shirin Sinnar |
HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE |
110 California Law Review 489 (April, 2022) |
Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... |
2022 |
|
| Janelle Lamb |
HE SAID. SHE SAID. THE IPHONE SAID. THE USE OF SECRET RECORDINGS IN DOMESTIC VIOLENCE LITIGATION |
110 California Law Review 1095 (June, 2022) |
Trigger Warning: This Note describes graphic scenes of domestic violence. It also discusses child abuse, elder abuse, and sexual assault. This Note explores the use of secret recordings in domestic violence litigation. It is particularly concerned with how the criminalization of domestic violence influences the laws governing the creation and use... |
2022 |
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| Almeta E. Cooper , Michael W. Peregrine |
HEALTH EQUITY AND CORPORATE GOVERNANCE IN HEALTH CARE ORGANIZATIONS: CHALLENGES, RISKS, RESOURCES, AND STRATEGIC RESPONSES |
16 Journal of Health & Life Sciences Law 74 (2022) |
ABSTRACT: Oversight of health equity in the delivery of quality medical care is the primary responsibility of health care organizations' governing bodies. Failure to make it a priority could result in a breach of the duty of care and oversight by the health care organization. The number and breadth of challenging crises affecting the health care... |
2022 |
|
| Marie Carp |
HEALTH IN ALL POLICIES: AN APPROACH TO COMBATTING RACISM'S IMPACT ON PUBLIC HEALTH |
67 Wayne Law Review 457 (Winter, 2022) |
I. Introduction. 457 II. Background. 460 A. Racism as a Public Health Crisis. 460 B. Governor Whitmer's Executive Directive. 462 1. Data Collection and Analysis. 463 2. Policy and Planning. 463 3. Engagement, Communication, and Advocacy. 464 4. Implicit Bias Training. 464 C. Proposed Policies and Legislation in Michigan. 465 D. Other State and... |
2022 |
|
| Brendan Williams |
HOSTILE SHORES: RACIAL EXCLUSION LAWS AND THE WEST COAST |
28 Cardozo Journal of Equal Rights & Social Justice 559 (Spring, 2022) |
I. California and Chinese Exclusion. 562 II. Oregon and Black Exclusionary Laws. 568 III. Washington and Anti-Japanese Laws. 570 IV. The West Coast Origins of Japanese Internment. 572 V. Race and the West Coast Today. 574 |
2022 |
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| Norrinda Brown Hayat |
HOUSING THE DECARCERATED: COVID-19, ABOLITION & THE RIGHT TO HOUSING |
110 California Law Review 639 (June, 2022) |
The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the culture of exclusion that has long pervaded... |
2022 |
|
| Tabatha Abu El-Haj |
HOW THE LIBERAL FIRST AMENDMENT UNDER-PROTECTS DEMOCRACY |
107 Minnesota Law Review 529 (December, 2022) |
Introduction. 530 I. The First Amendment as Underwriter. 539 II. The Court's Theoretical Missteps. 545 A. Public Assembly. 547 B. Elections and a Meaningful Right to Vote. 552 III. Under-Protection of Political Conduct. 557 A. Limited Protection for Disruptive Protesters and Assemblies. 558 B. Under-Protecting Voting and the Integrity of the... |
2022 |
|
| Mitchell F. Crusto |
HOW TO GET AWAY WITH MURDER: WHEN A WHITE MALE POLICE OFFICER KILLS A YOUNG BLACK PERSON |
79 Washington and Lee Law Review Online 1 (1/18/2022) |
Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified... |
2022 |
|
| Princess Diaz-Birca |
IN THE NAME OF "TERRORISM": SILENCING DISSENT IN SAUDI ARABIA |
14 Northeastern University Law Review 631 (June, 2022) |
Introduction I. History A. Domestic Terrorism B. KSA Specialized Criminal Court II. Eradicating Terrorism: A System of Lawful Oppression A. Defining Terrorism: An International Proposal B. Defining Terrorism: The KSA Counter-Terror Laws C. Institutional Violence: Systemic Violations of Human Rights D. Institutional Violence: Torture and Coerced... |
2022 |
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| Chaumtoli Huq |
INTEGRATING A RACIAL CAPITALISM FRAMEWORK INTO FIRST-YEAR CONTRACTS: A PATHWAY TO ANTI-CAPITALIST LAWYERING |
35 Journal of Civil Rights & Economic Development 181 (Spring, 2022) |
I came to theory because I was hurting--the pain within me was so intense that I could not go on living. I came to theory desperate, wanting to comprehend--to grasp what was happening around and within me. Most importantly, I wanted to make the hurt go away. I saw in theory then a location for healing. [T]he practice of theory is informed by... |
2022 |
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| Suzette M. Malveaux |
IS IT TIME FOR A NEW CIVIL RIGHTS ACT? PURSUING PROCEDURAL JUSTICE IN THE FEDERAL CIVIL COURT SYSTEM |
63 Boston College Law Review 2403 (November, 2022) |
Introduction. 2405 I. Procedural Law Has Reached a Tipping Point. 2409 A. Pleadings. 2410 B. Class Actions. 2415 C. Arbitration. 2425 II. Institutional Competencies: Why Congress Should Make the Course Correction. 2436 A. Supreme Court Versus Rule-Makers. 2437 B. Rule-Makers Versus Congress. 2442 C. Congress as Solution. 2445 III. It Is Time for a... |
2022 |
|
| Cole Craghan |
IT SHOULD NOT MATTER WHAT TYPE OF OFFICER WRONGLY ARRESTS YOU: USING CIVIL RIGHTS ACTIONS TO PROTECT PEACEFUL PROTESTORS |
48 Journal of Legislation 370 (2022) |
On June 1, 2020, an operation headed by the United States Park Police (USPP) and the U.S. Secret Service cleared protestors from Lafayette Square outside the White House. At the same time, then-President Trump spoke nearby in the Rose Garden; he recommended that governors across the country dominate the streets and declared that he would deploy... |
2022 |
|
| Andra Gillespie, Associate Professor, Department of Political Science, Emory University |
JOHN LEWIS AND THE DURABILITY OF TRANSCENDENT RACE POLITICS |
37 Journal of Law and Religion 55 (January, 2022) |
John Lewis's civil rights activism in the 1960s often obscures the fact that he won elective office as a racially moderate politician. Scholars have long noted the efficacy of using deracialized, or racially transcendent, campaign strategies to get elected, despite normative concerns. These strategies were critical to electing Black governors,... |
2022 |
|
| Cashmere Cozart |
JOHNSON v. CITY OF FERGUSON: UNREASONABLE SEIZURES OF BYSTANDERS OF POLICE BRUTALITY |
55 UIC Law Review 587 (Fall, 2022) |
I. Introduction. 587 II. Background. 588 A. The Altercation that Led to Michael Brown's Murder. 589 B. The Indictment. 590 C. The Department of Justice Findings on Policing in Ferguson. 591 D. Procedural History of Dorian Wilson's Suit. 594 E. The Eighth Circuit Affirmed the District Court. 596 III. Court's Analysis. 599 A. The En Banc Panel Held... |
2022 |
|
| Ben Waldron, Richard Bales |
K-12 NONTRADITIONAL BARGAINING IN A TIME OF COVID-19: BUILDING SOLIDARITY BETWEEN MOVEMENTS THROUGH SHARED GRIEVANCES |
20 Seattle Journal for Social Justice 501 (Winter, 2022) |
By focusing on shared community grievances related to the conditions created by the coronavirus disease (COVID-19) pandemic, teachers today can replicate their successes in the 2018-2019 teachers' strikes using similar labor tactics. The 2018-2019 strikes started with teachers demanding better funding for public education, but then expanded as... |
2022 |
|
| Justin Hansford |
KEYNOTE ADDRESS |
45 Seattle University Law Review 787 (Spring, 2022) |
Dontay Proctor-Mills: Good afternoon, everyone. Welcome back as we move into the latter part in the end of today's symposium, it is my pleasure to introduce our keynote speaker Professor Justin Hansford, Howard University School of Law Professor and Executive Director of the Thurgood Marshall Civil Rights Center. Professor Hansford was previously a... |
2022 |
|
| Ann C. McGinley |
LABORATORIES OF DEMOCRACY: STATE LAW AS A PARTIAL SOLUTION TO WORKPLACE HARASSMENT |
30 American University Journal of Gender, Social Policy and the Law 245 (2022) |
I. Introduction: Structural, Legal, and Political Failures. 246 II. Analysis of the Current Situation in Federal Anti-Harassment Law. 255 A. Procedural Injustice. 255 i. Summary Judgments and Dismissals. 256 ii. Burdens of Persuasion: Differential Treatment. 258 iii. Removal to Federal Court. 261 B. Substantive Injustice in Sex- and Race-Based... |
2022 |
|
| Frank W. Munger, Carroll Seron |
LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA |
66 New York Law School Law Review 175 (2021/2022) |
EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... |
2022 |
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| Barry Friedman |
LAWLESS SURVEILLANCE |
97 New York University Law Review 1143 (October, 2022) |
Policing agencies in the United States are engaging in mass collection of personal data, building a vast architecture of surveillance. License plate readers collect our location information. Mobile forensics data terminals suck in the contents of cell phones during traffic stops. CCTV maps our movements. Cheap storage means most of this is kept for... |
2022 |
|
| Laila L. Hlass |
LAWYERING FROM A DEPORTATION ABOLITION ETHIC |
110 California Law Review 1597 (October, 2022) |
This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... |
2022 |
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| Donald J. Polden |
LEADING LAW FIRMS IN THE "NEW NORMAL": RECOVERING FROM CRISES THROUGH LEADERSHIP DEVELOPMENT |
63 Santa Clara Law Review 223 (2022) |
Beginning in 2008, the first of three major crises hit the nation and had global implications and effects, including significant ones for the legal profession. Those crises were the financial crisis of 2008, followed by the social justice movements reflecting outrage at several highly-publicized police killings of Black men and women, and, most... |
2022 |
|
| To Nhu Huynh |
LEGAL EPIDEMIOLOGY FOR RACIAL HEALTH EQUITY |
21 Houston Journal of Health Law & Policy 411 (2022) |
Introduction. 413 I. The Need to Integrate Racial Health Equity Considerations into Policy-Making. 417 II. Legal Epidemiology: the Microscope to Study Laws. 420 III. Legal Epidemiology in Action. 426 A. Case Study 1: Tracking Legal Responses to COVID-19 in 51 Jurisdictions. 427 1. Efforts to Track Legal Responses to COVID-19. 427 2. Preliminary... |
2022 |
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| Daniel S. Harawa |
LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE |
110 California Law Review 681 (June, 2022) |
The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... |
2022 |
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