| Author | Title | Citation | Summary | Year | Relevancy |
| Kelsey Goldman |
LETTING THE CAT OUT OF THE BAG: HOW LACK OF ACCESS TO ANIMAL COMPANIONSHIP AND HUSBANDRY FOSTERS INEQUALITY FOR BLACK AMERICANS |
12 UC Irvine Law Review 693 (February, 2022) |
Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and... |
2022 |
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| Ingrid V. Eagly, Joanna C. Schwartz |
LEXIPOL'S FIGHT AGAINST POLICE REFORM |
97 Indiana Law Journal 1 (Winter, 2022) |
We are in the midst of a critically important moment in police reform. National and local attention is fixed on how to reduce the number of people killed and injured by the police. One approach--which has been recognized for decades to reduce police killings--is to limit police power to use force. This Article is the first to uncover how an... |
2022 |
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| Michael M. Oswalt |
LIMINAL LABOR LAW |
110 California Law Review 1855 (December, 2022) |
How do people, organizations, and even movements bounce back from losses and setbacks? For organized labor, the disappointments are routinely legal: an overturned precedent, a loss of coverage, or even the accelerated degradation of the National Labor Relations Act (Act) regime itself. In aggregate, these and other law-based defeats pose a serious,... |
2022 |
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| Erin Adele Scharff |
LOCAL BUDGETS, LOCAL DECISIONS: THE HOME RULE FOR THE 21ST CENTURY PROJECT'S STATE SUPPORT FOR LOCAL DEMOCRACY PROVISIONS |
100 North Carolina Law Review 1505 (June, 2022) |
As scholars of local government have long noted, without adequate local revenue, home rule provides hollow legal authority. Recognizing the importance of local revenue, the National League of Cities' Principles of Home Rule for the 21st Century (Principles) explicitly includes taxation as a power granted by home rule and articulates a... |
2022 |
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| Thea Johnson |
LYING AT PLEA BARGAINING |
38 Georgia State University Law Review 673 (Spring, 2022) |
This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply... |
2022 |
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| Livia Luan |
MAKING VICTIMS WHOLE AGAIN: USING RESTORATIVE JUSTICE TO HEAL HATE CRIME VICTIMS, REFORM OFFENDERS, AND STRENGTHEN COMMUNITIES |
37 Temple International and Comparative Law Journal 161 (Fall, 2022) |
The traditional framework for addressing hate crime in the United States centers on punishing offenders. These punitive measures tend to expose offenders, as well as victims and their communities, to more policing and to funnel offenders into the system of mass incarceration--all while failing to address the root causes of hate crime. Although the... |
2022 |
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| Adam A. Davidson |
MANAGING THE POLICE EMERGENCY |
100 North Carolina Law Review 1209 (May, 2022) |
There is a policing emergency in the United States. Police across the country cause massive, widespread, and unpredictable physical harm--killings, beatings; psychological harm--negative stress-related birth and educational outcomes, general worsened mental health; and sociological harm--advancing the racial, gender, and economic hierarchies that... |
2022 |
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| Ronald J. Coleman |
MEASURING POLICE BODY CAMERA INFRASTRUCTURE |
62 Santa Clara Law Review 273 (2022) |
Police body cameras have been in ascendancy since at least the 2014 deaths of Eric Garner and Michael Brown, and body cameras are poised to play an increasing role in law enforcement following the more recent deaths of George Floyd, Daunte Wright, and others. Indeed, President Biden, himself, has repeatedly called for the passage of the George... |
2022 |
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| John W. Bagby , Robert J. Aalberts , Chad G. Marzen |
MEDICAL MARTIAL LAW: TOWARDS A MORE EFFECTIVE PANDEMIC POLICY |
47 Southern Illinois University Law Journal 1 (Fall, 2022) |
In early 2020, prophylactic actions and draconian proposals targeted the confinement of COVID-19 virus contagion vectors. Law, politics, geography, and the epidemiological sciences are intimately involved in structuring inter-disciplinary policy responses to balance curbs to the disease's devastation to human population health and the economic... |
2022 |
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| Kris Franklin |
MEDITATIONS ON TEACHING WHAT ISN'T: THEORIZING THE INVISIBLE IN LAW AND LAW SCHOOL |
66 New York Law School Law Review 387 (2021/2022) |
Make an effort to remember. Or, failing that, invent. The hardest thing to comprehend is what is not visible. Because, of course, not visible does not mean not present. It simply means not capable of being seen. This essay is an effort to weave together disparate thoughts about what in law may be not visible, not seen, and yet, not... |
2022 |
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| Brandon Hasbrouck |
MOVEMENT CONSTITUTIONALISM |
75 Oklahoma Law Review 89 (Autumn, 2022) |
The white supremacy at the heart of the American criminal legal system works to control Black, Brown, and poor people through mass incarceration. Poverty and incarceration act in a vicious circle, with reactionaries mounting a desperate defense against any attempt to mitigate economic exploitation or carceral violence. Ending the cycle will require... |
2022 |
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| Brandon Hasbrouck |
MOVEMENT JUDGES |
97 New York University Law Review 631 (May, 2022) |
Judges matter. The opinions of a few impact the lives of many. Judges romanticize their own impartiality, but apathy in the face of systems of oppression favors the status quo and clears the way for conservative agendas to take root. The lifetime appointments of federal judges, the deliberate weaponization of the bench by reactionary opponents of... |
2022 |
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| Lily Talerman |
NAME AND SHAME: HOW INTERNATIONAL PRESSURE ALLOWS CIVIL RIGHTS ACTIVISTS TO INCORPORATE HUMAN RIGHTS NORMS INTO AMERICAN JURISPRUDENCE |
17 Duke Journal of Constitutional Law & Public Policy Sidebar 303 (4/8/2022) |
The United States has ratified international human rights treaties sparingly. Where it has ratified, it has provided such a large number of reservations that the treaties' domestic effects are effectively nullified. Even though international human rights law has not been directly incorporated into American jurisprudence, however, international... |
2022 |
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| Clifford J. Villa |
NO "BOX TO BE CHECKED": ENVIRONMENTAL JUSTICE IN MODERN LEGAL PRACTICE |
30 New York University Environmental Law Journal 157 (2022) |
For nearly thirty years, environmental justice has been part of our civic conversation and included in the mission of federal agencies. But while public attention to environmental justice has waxed and waned over time, environmental justice principles have endured and developed into rules of law. This development may be expected to continue and... |
2022 |
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| Luma Khabbaz |
NO TURNING BACK: A PROGRESSIVE APPLICATION OF STAND YOUR GROUND LAWS TO REMOVE THE DUTY TO RETREAT FOR WOMEN WHO KILL ABUSERS OUT OF SELF-DEFENSE |
37 Wisconsin Journal of Law, Gender & Society 215 (Fall, 2022) |
Stand Your Ground laws gained mainstream attention after George Zimmerman shot and killed Trayvon Martin, a Black teenager, in Florida. However, Stand Your Ground laws are neither new nor unique to Florida or other conservative states. Thirty-nine states remove the duty to retreat from self-defense law in some way through statute, case law, or jury... |
2022 |
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| Mark Conrad |
NON-FUNGIBLE TOKENS, SPORTS, AND INTELLECTUAL PROPERTY LAW ISSUES: A CASE STUDY APPLYING COPYRIGHT, TRADEMARK, AND RIGHT OF PUBLICITY LAW TO A NON-TRADITIONAL OWNERSHIP VEHICLE |
32 Journal of Legal Aspects of Sport 132 (2022) |
Non-fungible tokens (NFTs) are a recent addition to the cryptocurrency universe and have attracted the attention of different stakeholders in the sports world over the last two years. Because they can identify and authenticate particular content, NFTs have become a hot commodity among collectors and investors, in some cases selling for millions... |
2022 |
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| Erin C. Carroll |
OBSTRUCTION OF JOURNALISM |
99 Denver Law Review 407 (Spring, 2022) |
Identifying oneself as press--with a badge on a lanyard, label on a helmet, or sign on a car--used to be a near-grant of immunity. It meant safer passage through dangerous terrain. But today, being recognizable as a journalist may be more likely to make one a target. Physical assaults against journalists in the United States increased nearly 1,400%... |
2022 |
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| Alex B. Long |
OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") |
55 U.C. Davis Law Review 1717 (February, 2022) |
C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... |
2022 |
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| Bryan Borodkin |
OFFICER-CREATED JEOPARDY AND REASONABLENESS REFORM: REBUTTABLE PRESUMPTION OF UNREASONABLENESS WITHIN 42 U.S.C. § 1983 POLICE USE OF FORCE CLAIMS |
55 University of Michigan Journal of Law Reform 919 (Summer, 2022) |
This Note analyzes the current state of civil law surrounding police use of excessive force, highlighting the evolution of the objective reasonableness test employed in civil police use of force lawsuits brought under 42 U.S.C. § 1983. This Note also discusses the role that social movements and surveillance technologies have played in furthering... |
2022 |
|
| Khaled A. Beydoun |
ON TERRORISTS AND FREEDOM FIGHTERS |
136 Harvard Law Review Forum 1 (10/20/2022) |
The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... |
2022 |
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| William J. Aceves |
ON THE MEANING OF COLOR AND THE END OF WHITE(NESS) |
17 Harvard Law & Policy Review 79 (Summer, 2022) |
This Article explores the history of the term people of color and its current status in a country struggling to overcome its racist origins. The murders of Trayvon Martin, Michael Brown, George Floyd, Breonna Taylor, and so many other victims of state violence have generated profound anger, calls for action, and demands for dialogue. It is... |
2022 |
|
| John A. Powell |
OVERCOMING TOXIC POLARIZATION: LESSONS IN EFFECTIVE BRIDGING |
40 Minnesota Journal of Law & Inequality 247 (Summer, 2022) |
Our world is in the throes of multiple global crises, from the Covid-19 pandemic to the onset of climate change. These crises have revealed deep dysfunctions in our societies. Undergirding these dysfunctions is widening political, economic, and social polarization. Polarization has intensified to such a degree that it now constitutes what political... |
2022 |
|
| Meera E. Deo |
PANDEMIC PRESSURES ON FACULTY |
170 University of Pennsylvania Law Review Online 127 (2022) |
L1-2Introduction . L3127 I The PELA Study. 129 II. Data on Worsening Inequities. 132 A. Prioritizing Students. 133 B. Scholarly (Un)Productivity. 135 C. Mental Health Effects. 137 III. The Continuum of Barriers. 139 L1-2Conclusion . L3142 |
2022 |
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| Amy F. Kimpel |
PAYING FOR A CLEAN RECORD |
112 Journal of Criminal Law and Criminology 439 (Summer, 2022) |
Prosecutors and courts often charge a premium for the ability to avoid or erase a criminal conviction. Defendants with means, who tend to be predominantly White, can often pay for a clean record. But the indigent who are unable to pay, and are disproportionately Black and Brown, are saddled with the stigma of a criminal record. Diversion and... |
2022 |
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| Rebecca M. Fitz |
PEERING INTO PASSIVE ELECTIONEERING: PRESERVING THE SANCTITY OF OUR POLLING PLACES |
58 Idaho Law Review 270 (2022) |
A century ago, our legislators took action to condemn voter intimidation, fraud, and violence occurring on Election Day. The concept of a neutral zone in polling places was implemented to protect the democratic values enshrined in our free and fair elections. In modern times, this policy interest is preserved in state statutes prohibiting... |
2022 |
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| GianCarlo Canaparo |
PERMISSIONS TO HATE: ANTIRACISM AND PLESSY |
27 Texas Review of Law and Politics 97 (Fall, 2022) |
History, however, gives little support to the view that time automatically erodes racial aversions, fears, and animosities, or even tames the overt behavior based on such feelings. There has been no one-way movement toward improved group relations, but instead many detours, oscillations, and even severe backward movements. -Thomas Sowell Plessy... |
2022 |
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| Guyora Binder , Ekow N. Yankah |
POLICE KILLINGS AS FELONY MURDER |
17 Harvard Law & Policy Review 157 (Summer, 2022) |
The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employed the widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder--although perhaps the only murder charge available for this killing under Minnesota... |
2022 |
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| Konrad S. Lee , Laura Kent-Jensen |
POLITICS AND EMPLOYMENT DISCRIMINATION |
24 Atlantic Law Journal 236 (2022) |
On May 25, 2020, Minneapolis police officers arrested George Floyd, a 46-year-old Black man, after a convenience store clerk claimed he used a counterfeit $20 bill to buy cigarettes. Mr. Floyd died after Derek Chauvin, one of the police officers, handcuffed him and pinned him to the ground with a knee, an episode that was captured on video and... |
2022 |
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| Claire O. Finkelstein , Richard W. Painter |
PRESIDENTIAL ACCOUNTABILITY AND THE RULE OF LAW: CAN THE PRESIDENT CLAIM IMMUNITY IF HE SHOOTS SOMEONE ON FIFTH AVENUE? |
24 University of Pennsylvania Journal of Constitutional Law 93 (February, 2022) |
Can a sitting President be indicted while in office? This critical constitutional question has never been directly answered by any court or legislative body. The prevailing wisdom, however, is that, though he may be investigated, a sitting President is immune from actual prosecution. The concept of presidential immunity has hastened the erosion of... |
2022 |
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| Miguel F.P. de Figueiredo , Dane Thorley |
PRETRIAL DISPARITY AND THE CONSEQUENCES OF MONEY BAIL |
81 Maryland Law Review 557 (2022) |
Catalyzed by the Black Lives Matter protests in 2020, support for criminal justice reform in the United States has become a groundswell, with reformers demanding an end to racial and socioeconomic disparities in all aspects of policing, prosecution, adjudication, and incarceration. While high-profile cases of police misconduct during arrest remain... |
2022 |
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