| Author | Title | Citation | Summary | Year | Relevancy |
| Olalekan N. Sumonu |
SHOT IN THE STREETS, BURIED IN COURTS: AN ASSAULT ON PROTESTER RIGHTS |
52 Seton Hall Law Review 1569 (2022) |
As a result of exasperated citizens' ongoing crusade against police-related killings, 2020 witnessed the eruption of protests and civil unrest throughout the country, leaving dried blood, empty tear gas canisters, demolished storefronts, and ultimately, a divided nation in its wake. Pictures and videos of devastated cities and businesses--as well... |
2022 |
|
| Kathleen Giunta |
SLAYING THE SERPENTS: WHY ALTERNATIVE INTERVENTION IS NECESSARY TO PROTECT THOSE IN MENTAL HEALTH CRISIS FROM THE STATE-CREATED DANGER "SNAKE PIT" |
30 Journal of Law & Policy 497 (2022) |
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite... |
2022 |
|
| Cesar M. Estrada |
SOCIAL MOVEMENT THEORY AND THE ROLE OF QUALIFIED IMMUNITY IN INCREASING POLITICAL VIOLENCE |
36 Notre Dame Journal of Law, Ethics & Public Policy 347 (2022) |
On April 20, 2021, a Minneapolis jury returned a guilty verdict on three different homicide charges for former Minneapolis Police Officer Derek Chauvin for the murder of George Floyd in May 2020. George Floyd's murder, long down the list of police killings of Black Americans, was not unique in and of itself. In 2020 alone, 1,126 people were killed... |
2022 |
|
| Akshaya Kamalnath |
SOCIAL MOVEMENTS, DIVERSITY, AND CORPORATE SHORT-TERMISM |
23 Georgetown Journal of Gender and the Law 449 (Spring, 2022) |
Social movements like #MeToo and #BlackLivesMatter, powered by social media, have given rise to heightened corporate activism on social issues. They have also drawn attention to the importance of addressing diversity issues for the workforce rather than simply at the board or management level. This Article argues that the focus on such social... |
2022 |
|
| Judge Leslie A. Gardner , Justin C. Van Orsdol |
SOLIDIFYING SUPREMACY CLAUSE IMMUNITY |
30 William & Mary Bill of Rights Journal 567 (March, 2022) |
States have often taken different approaches to polarizing issues such as the legalization of marijuana, voting rights, and gun safety. Generally, the federal government has stayed out of the fray honoring the concept of the states as laboratories. That is, until recently. With increasing debate among political leaders and diverging viewpoints... |
2022 |
|
| Katrina Lee |
SOLVING FOR LAW FIRM INCLUSION: THE NECESSITY OF LAWYER WELL-BEING |
24 Vanderbilt Journal of Entertainment and Technology Law 323 (Winter, 2022) |
Chances are, in a room of one hundred law firm partners in the United States, at most, one Black woman would be present. Statistically, if there were a Black, Latinx, or Asian woman in that room, she would be the only one. Women of color make up only 3.79 percent of all partners, counting equity and nonequity partners. The percentage of Black women... |
2022 |
|
| Blanche Bong Cook |
SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE |
102 Boston University Law Review 1 (February, 2022) |
When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... |
2022 |
|
| Katrina McCullough, INTER-AMERICAN UNIVERSITY OF PUERTO RICO SCHOOL OF LAW |
SPEAK NOW OR FOREVER HOLD YOUR PEACE: FREEDOM OF SPEECH UNDER THE FIRST AMENDMENT ADDRESSING THE GOVERNMENT'S SUPPRESSION OF AFRICAN AMERICANS' RIGHT TO PEACEFUL PROTESTING |
15 Southern Journal of Policy and Justice 79 (Summer, 2022) |
Those who make peaceful revolution impossible, make violent revolution inevitable. John F. Kennedy To protest against injustice is the foundation of all our American democracy. Thurgood Marshall This paper will examine the history, development, and principles of Freedom of Speech expressed in the First Amendment. Additionally, this article will... |
2022 |
|
| Marc Edelman |
SPORTS DIPLOMACY AT ITS TIPPING POINT: CAN NBA CHINA SURVIVE A CULTURE CLASH OVER FREE SPEECH NORMS? |
53 Connecticut Law Review 913 (February, 2022) |
Since 2008, the Chinese government has been an active participant in the joint venture of NBA China--a business venture that has allowed the National Basketball Association (NBA) to host exhibition basketball games in the People's Republic of China (China), broadcast basketball games on Chinese television networks, and operate a... |
2022 |
|
| Emily Behzadi |
STATUES OF FRAUD: CONFEDERATE MONUMENTS AS PUBLIC NUISANCES |
18 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2022) |
The deaths of George Floyd, Breonna Taylor, and countless other African Americans have ignited a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the twenty-first century, racist and unrestrained police violence continues to plague American society. The unprecedented... |
2022 |
|
| Akshaya Kamalnath |
STRENGTHENING BOARDS THROUGH DIVERSITY: A TWO-SIDED MARKET THAT CAN BE EFFECTIVELY SERVICED BY INTERMEDIARIES |
40 Minnesota Journal of Law & Inequality 155 (Winter, 2022) |
The current focus on the monitoring role of the corporate board has come under much criticism. Independent directors play a significant role within this model. However, their ability to truly function independently has been rightly questioned in the last decade. Independent directors are impeded by two main problems: first, the lack of access to... |
2022 |
|
| Devon W. Carbado |
STRICT SCRUTINY & THE BLACK BODY |
69 UCLA Law Review 2 (March, 2022) |
When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... |
2022 |
|
| Isaiah Strong |
SURVEILLANCE OF BLACK LIVES AS INJURY-IN-FACT |
122 Columbia Law Review 1019 (May, 2022) |
Black communities have been surveilled by governmental institutions and law enforcement agencies throughout the history of the United States. Most recently, law enforcement has turned to monitoring social media, devoting an increasing number of resources and time to surveilling various social media platforms. Yet this rapid increase in law... |
2022 |
|
| Carly Margolis |
TARGETING POLICE UNIONS, RETHINKING REFORM |
46 New York University Review of Law and Social Change 224 (2022) |
Police unions are a powerful obstacle to reform and abolition movements alike. This article tracks the (re)emergence of a political strategy targeting police unions as a site of police reform and abolition amid the summer 2020 uprising. It takes Washington, D.C.'s Defund MPD (Metropolitan Police Department) movement as a case study on the... |
2022 |
|
| Alberto Bernabe |
TEACHING AT THE INTERSECTION OF TORTS, RACE, AND GENDER |
41 Quinnipiac Law Review 1 (2022) |
Introduction. 2 I. Planning, Goals, and Approach. 5 II. Determining the Value of the Injury in Torts Cases. 10 III. Battery and Intentional Infliction of Emotional Distress. 15 IV. Negligent Infliction of Emotional Distress. 19 V. Should the Standard of Care In Negligence Cases Take Into Account Gender or Race?. 21 VI. Prenatal Torts. 26 VII. Duty... |
2022 |
|
| Steve Calandrillo , Nolan Kobuke Anderson |
TERRIFIED BY TECHNOLOGY: HOW SYSTEMIC BIAS DISTORTS U.S. LEGAL AND REGULATORY RESPONSES TO EMERGING TECHNOLOGY |
2022 University of Illinois Law Review 597 (2022) |
Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less. --Marie Curie Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic... |
2022 |
|
| Franciska Coleman |
THE ANATOMY OF CANCEL CULTURE |
2 Journal of Free Speech Law 205 (2022) |
In this paper, I undertake a qualitative exploration of how social regulation of speech works in practice on university campuses, and of the extent to which social regulation in practice affirms or undermines the stereotypes and caricatures that characterize the cancel-culture wars. I first summarize the two narratives that anchor public debates... |
2022 |
|
| Brandon Hasbrouck |
THE ANTIRACIST CONSTITUTION |
102 Boston University Law Review 87 (February, 2022) |
Our Constitution, as it is and as it has been interpreted by our courts, serves white supremacy. The twin projects of abolition and reconstruction remain incomplete, derailed first by openly hostile institutions, then by the subtler lie that a colorblind Constitution would bring about the end of racism. Yet, in its debut in Supreme Court... |
2022 |
|
| Laura M. Padilla |
THE BLACK--WHITE PARADIGM'S CONTINUING ERASURE OF LATINAS: SEE WOMEN LAW DEANS OF COLOR |
99 Denver Law Review 683 (Summer, 2022) |
The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other... |
2022 |
|
| Anna Offit |
THE CHARACTER OF JURY EXCLUSION |
106 Minnesota Law Review 2173 (May, 2022) |
In American jury trials, cause challenges and peremptory strikes can be used to excuse otherwise eligible jurors based on their previous encounters with, or experience-based impressions of, the criminal justice system. The legitimacy of this practice hinges on the view that these individuals cannot fairly and impartially serve as jurors. Yet this... |
2022 |
|
| Nadia B. Ahmad |
THE CLIODYNAMICS OF MASS INCARCERATION, CLIMATE CHANGE, AND "CHAINS ON OUR FEET" |
49 Fordham Urban Law Journal 371 (February, 2022) |
Introduction. 371 I. Cliodynamics and Complexity. 377 II. Sociolegal Patterns of Mass Incarceration in the United States. 384 A. Historical Prison Trends. 384 B. Preparedness of Legal Systems. 387 C. Global South Variations. 393 D. Rule of Law Initiatives as Importation of U.S. Carcerality Overseas. 393 III. Climate Change Resistance Movements. 396... |
2022 |
|
| Alexis Hoag |
THE COLOR OF JUSTICE |
120 Michigan Law Review 977 (April, 2022) |
Free Justice: a History of the Public Defender in Twentieth Century America. By Sara Mayeux. University of North Carolina Press. 2020. Pp. xi, 271. $26.95. Writing about history requires making certain decisions: when to start the account, what to include and exclude, which documents and artifacts to rely upon, and what questions to address. One... |
2022 |
|
| Maryam Ahranjani , Natalie Saing |
THE CONSTITUTIONAL COSTS OF SCHOOL POLICING |
72 American University Law Review 337 (December, 2022) |
Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement's presence squarely in the racist history of... |
2022 |
|
| Angela Onwuachi-Willig |
THE CRT OF BLACK LIVES MATTER |
66 Saint Louis University Law Journal 663 (Summer, 2022) |
Critical Race Theory (CRT), or at least its principles, stands at the core of most prominent social movements of today--from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact,... |
2022 |
|
| Veronica Root Martinez |
THE DIVERSITY RISK PARADOX |
75 Vanderbilt Law Review En Banc 115 (2022) |
There is a growing body of literature discussing the proper role of diversity, equity, and inclusion efforts by and within public firms. A combination of forces brought renewed energy to this topic over the past few years. The #MeToo movement demonstrated a whole host of inequities faced by women within workplaces. Business Roundtable's 2019... |
2022 |
|
| Heidi M. S. Sandomir |
THE END OF FORCED ARBITRATION OF SEXUAL VIOLENCE AND THE UNCERTAIN FUTURE |
29 Cardozo Journal of Equal Rights & Social Justice 111 (Fall, 2022) |
C1-2Table of Contents Introduction. 112 Part I. 115 A. Alternative Dispute Resolution. 115 B. Arbitration. 116 C. Forced Arbitration, Employment Contracts, and Workplace Sexual Violence. 116 D. Issues Inherent to Arbitrating Sexual Violence Claims. 118 1. Arbitration Lacks Diversity. 118 2. The Repeat Player Effect. 121 3. Civil Litigation Benefits... |
2022 |
|
| Arusha Gordon |
THE FIRST AMENDMENT, POLICING, AND WHITE SUPREMACY IN AMERICA |
28 Texas Journal on Civil Liberties & Civil Rights 33 (Fall, 2022) |
In recent years, journalists, researchers and community activists have identified thousands of law enforcement officers holding white supremacist, misogynistic, Islamophobic, homophobic, and other bigoted views. In addition to engaging in hateful activity online, officers have displayed insignia and hand signals for white supremacist groups,... |
2022 |
|
| Thomas P. Crocker |
THE FOURTH AMENDMENT AND THE PROBLEM OF SOCIAL COST |
117 Northwestern University Law Review 473 (2022) |
Abstract--The Supreme Court has made social cost a core concept relevant to the calculation of Fourth Amendment remedies but has never explained the concept's meaning. The Court limits the availability of both the exclusionary rule and civil damages because of their substantial social costs. According to the Court, these costs primarily consist... |
2022 |
|
| Laura C. Powell |
THE GOOD, THE BAD, AND THE UGLY: BLACK LIVES MATTER PROTESTS, THE JANUARY 6TH INSURRECTION, AND FACIAL RECOGNITION TECHNOLOGY AS ADMISSIBLE EVIDENCE |
72 American University Law Review 277 (October, 2022) |
The debate surrounding law enforcement's use of facial recognition technology (FRT) continues to raise concerns about accuracy, reliability, and equity. Nonetheless, law enforcement agencies continue to purchase, implement, and use FRT as an investigative tool to identify suspects and make arrests. Yet, its ability to enter the courtroom remains... |
2022 |
|
| Rohit Tallapragada |
THE HISTORY OF THE BLACK-INDIAN ALLIANCE |
14 Georgetown Journal of Law & Modern Critical Race Perspectives 227 (Summer, 2022) |
C1-2Table of Contents Introduction. 227 The Alliance and How it Formed. 228 The Alliance's Intellectual Exchange. 232 The Alliance's Fall. 236 The Black-Indian American Alliance Today. 237 The Future of the Alliance. 243 |
2022 |
|