| Author | Title | Citation | Summary | Year | Key Terms |
| Dianisbeth M. Acquie |
BEYOND THE BINARY: DECONSTRUCTING LATINIDAD AND RAMIFICATIONS FOR LATINX CIVIL RIGHTS |
24 Harvard Latinx Law Review 13 (Spring, 2021) |
C1-2TABLE OF Contents I. Introduction. 13 II. Understanding and Misunderstanding Latinidad. 15 III. Proximity to Whiteness, Proximity to Otherness: Legal and Political Constructions of Whiteness Relative to Latinx Identity. 19 IV. Latinxs and the Equal Protection Clause: Close Reading of Hernandez v. New York. 23 V. Latinx Identity and Title VII.... |
2021 |
Yes |
| Khiara M. Bridges |
BEYOND TORTS: REPRODUCTIVE WRONGS AND THE STATE: BIRTH RIGHTS AND WRONGS: HOW MEDICINE AND TECHNOLOGY ARE REMAKING REPRODUCTION AND THE LAW, BY DOV FOX. NEW YORK: OXFORD UNIVERSITY PRESS, 2019. PP. 265. $44.00 |
121 Columbia Law Review 1017 (April, 2021) |
In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox schematizes the concept of reproductive negligence (also called reproductive wrongs) into three categories: procreation imposed, procreation deprived, and procreation confounded. This Book Review aims to extend Fox's analysis by looking beyond... |
2021 |
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| Cristal Nova |
BLACK BOX SOFTWARE: ARTIFICIAL INTELLIGENCE IN HEALTH CARE |
30 Annals of Health Law Advance Directive 231 (Spring, 2021) |
The United States Food & Drug Administration (FDA) and European Medicine Agency (EMA) are embracing the golden era of software as medical devices (SaMD) which operate through deep neural networks, deep learning, and machine learning--otherwise known as artificial intelligence (AI). We encounter AI when we scroll through our social media... |
2021 |
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| Alexis Hoag |
BLACK ON BLACK REPRESENTATION |
96 New York University Law Review 1493 (November, 2021) |
When it comes to combating structural racism, representation matters, and this is true for criminal defense as much as it is for mental health services and education. This Article calls for the expansion of the Sixth Amendment right to counsel of choice to indigent defendants and argues that such an expansion could be of particular benefit to... |
2021 |
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| Anthony J. LoPresti |
BLURRING THE LINES: HOW CONSOLIDATING SCHOOL DISTRICTS CAN COMBAT NEW JERSEY'S PUBLIC-SCHOOL SEGREGATION PROBLEM |
45 Seton Hall Legislative Journal 235 (2021) |
Diversity in classrooms is essential; students can learn about cultural differences and enhance their academic experience. Yet, despite the landmark Supreme Court case Brown v. Board of Education, public-school segregation still haunts states across America. De facto segregation refers to segregation that exists in practice, without being ordered... |
2021 |
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| Mary A. Lynch |
BUILDING AN ANTI-RACIST PROSECUTORIAL SYSTEM: OBSERVATIONS FROM TEACHING A DOMESTIC VIOLENCE PROSECUTION CLINIC |
73 Rutgers University Law Review 1515 (Summer, 2021) |
Introduction and Background. 1516 II. Local Prosecutors, Intimate Crimes, and Traditionally Marginalized Survivors. 1525 A. Local Prosecutors, Reform, and Anti-Racism. 1525 B. Intimate Crimes and Women of Color. 1533 C. Listening to the Wisdom of Survivors of Color. 1543 III. Observations and Suggestions for Anti-Racism Work and Prosecution of... |
2021 |
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| Beau Kilmer , Jonathan P. Caulkins , Michelle Kilborn , Michelle Priest , Kristin M. Warren |
CANNABIS LEGALIZATION AND SOCIAL EQUITY: SOME OPPORTUNITIES, PUZZLES, AND TRADE-OFFS |
101 Boston University Law Review 1003 (May, 2021) |
Cannabis prohibition has created disparate harms--especially for Black, Indigenous, and People of Color (BIPOC)--largely through arrest disparities for possession and their downstream effects. Addressing inequities is increasingly featured in discussions to legalize cannabis supply and adult possession for nonmedical purposes. While there is... |
2021 |
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| Brian Elzweig |
CASTE DISCRIMINATION AND FEDERAL EMPLOYMENT LAW IN THE UNITED STATES |
44 University of Arkansas at Little Rock Law Review 57 (Fall, 2021) |
In 2020, the California Department of Fair Employment and Housing (CDFEH) brought a case against Cisco Systems, Inc. (Cisco) and two of its employees on behalf of a John Doe plaintiff for discrimination and harassment based on religion, ancestry, national origin/ethnicity, and race/color. It was claimed that the discrimination and harassment... |
2021 |
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| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
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| Deborah A. Widiss |
CHOSEN FAMILY, CARE, AND THE WORKPLACE |
131 Yale Law Journal Forum 215 (November 5, 2021) |
Although federal law offers, at best, unpaid time off work to care for family members with medical needs, recently enacted state laws guarantee paid leave. This Essay argues the laws are groundbreaking in their inclusion of nonmarital partners, extended family, and other chosen family, and it proposes strategies for effective... |
2021 |
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| Emma Silberstein |
CLASS ARBITRATION WAIVERS CANNOT BE FOUND UNCONSCIONABLE: A PERVASIVE AND COMMON "MIS-CONCEPCION" |
116 Northwestern University Law Review 875 (2021) |
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostility towards arbitration agreements, providing a mechanism for the enforcement of such agreements. The Supreme Court's treatment and application of the FAA has evolved over time, and in recent decades the FAA has been massively extended to... |
2021 |
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| Naomi Mann |
CLASSROOMS INTO COURTROOMS |
59 Houston Law Review 363 (Fall, 2021) |
The federal Department of Education's (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment... |
2021 |
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| Laurie L. Levenson |
CLIMATE CHANGE AND THE CRIMINAL JUSTICE SYSTEM |
51 Environmental Law 333 (Summer, 2021) |
The past decade has been the warmest in history. But while there has been a great deal of attention paid to infrastructure sustainability issues, less attention has been focused on the impact of climate change on our criminal justice system. This Article anticipates how climate change will affect and create new challenges for law enforcement,... |
2021 |
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| Aisha Green |
COMPARING DADD v. ANOKA COUNTY WITH CORBITT v. VICKERS: WHY DEFENDANTS SHOULD BEAR THE BURDEN OF ESTABLISHING QUALIFIED IMMUNITY IN A MOTION TO DISMISS |
70 American University Law Review 2091 (August, 2021) |
In the wake of last summer's George Floyd protests, qualified immunity is once again at the forefront of the debate. Officials, such as police officers, can raise qualified immunity as an affirmative defense in response to allegations that they have violated an individual's constitutional rights. The different interpretations of qualified... |
2021 |
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| Tim O'Brien |
COMPOUNDING INJUSTICE: THE CASCADING EFFECT OF ALGORITHMIC BIAS IN RISK ASSESSMENTS |
13 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Winter, 2021) |
The increasing pervasiveness of algorithmic tools in criminal justice has led to an increase in research, legal scholarship, and escalating scrutiny of automated approaches to consequential decisionmaking. A key element of examination in literature focuses on racial bias in algorithmic risk assessment tools and the correlation to higher likelihoods... |
2021 |
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| Almas Sayeed |
CONFRONTING OUR RACIST EXCLUSIONS: THE ROLE OF STATES IN REPAIRING, REIMAGINING AND RECONSTITUTING THE SOCIAL CONTRACT |
39 Yale Law and Policy Review 593 (Spring, 2021) |
The dual crises of the Coronavirus pandemic and Black-led uprisings catalyzed by the murder of George Floyd and many others cast a spotlight on the failure of the systems in place to support communities of color. This failure raises many questions about the resilience of the country's health and economic systems. It also prompts deep questions... |
2021 |
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| Katherine Elizabeth Holloway |
CONSEQUENCES OF POLICE IN SCHOOLS: THE CRIMINALIZATION OF CHILDREN IN AN ERA OF MASS INCARCERATION |
19 Hastings Race and Poverty Law Journal 3 (Winter 2021) |
I. Introduction. 5 II. The Historical Development of Police Presence in Schools. 7 III. Contemporary Police Presence in Schools. 12 A. The Role of School Resource Officers in Schools. 13 B. The Reality of School Resource Officers in Schools. 14 C. Impact of School-Based Police on School Safety. 17 D. The Role of School-Based Police in the... |
2021 |
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| Michael C. Dorf |
CONSTITUTIONAL COURTS IN DEFECTIVE DEMOCRACIES |
62 Virginia Journal of International Law Online 47 (2021) |
Constitutional courts exercising the power to invalidate the outputs of elected bodies can strengthen the liberal democratic character of the polities they serve in three main ways: by reinforcing representation; protecting human rights, particularly those of members of socially disadvantaged groups; and promoting the political system's stability... |
2021 |
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| Kate Andrias, Benjamin I. Sachs |
CONSTRUCTING COUNTERVAILING POWER: LAW AND ORGANIZING IN AN ERA OF POLITICAL INEQUALITY |
130 Yale Law Journal 546 (January, 2021) |
This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor... |
2021 |
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| William B. Morrison |
COUNTRY CLUB SPORTS: THE DISPARATE IMPACT OF ATHLETE ADMISSIONS AT ELITE UNIVERSITIES |
46 Brigham Young University Law Review 883 (2021) |
While conservative advocacy groups criticize affirmative action as anti-meritocratic, many universities give similar admissions preferences based on ostensibly race-neutral characteristics that highly correlate with wealth and whiteness. Using data made public through the recent legal challenge to Harvard's affirmative action policies,... |
2021 |
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| Helen Hershkoff, Arthur R. Miller |
COURTS AND CIVIL JUSTICE IN THE TIME OF COVID: EMERGING TRENDS AND QUESTIONS TO ASK |
23 NYU Journal of Legislation and Public Policy 321 (2021) |
COVID-19 is a highly infectious virus that has caused worldwide disruption, large numbers of deaths, and economic dislocation. Since its appearance in 2019, containment of COVID-19 has depended, in part, upon forms of social distancing that have strained and made impossible traditional forms of judicial and legal practice. This Article focuses on... |
2021 |
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| Olivia C. Perlstein |
COVID RESEARCH INEQUALITIES: HIGHLIGHTING THE NEED FOR INCREASED MINORITY PARTICIPATION IN CLINICAL TRIALS |
52 Seton Hall Law Review 545 (2021) |
In March 2020, the world came to a screeching halt: people stopped going to work and children stopped going to school; grocery and drug stores displayed empty shelves where paper goods, cleaning supplies, medicines, and pantry items were once fully stocked. Big cities, like New York, felt almost post-apocalyptic: subways were empty, traffic had... |
2021 |
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| George Rice |
COVID-19 & FOOD INSECURITY: HOW THE COVID-19 PANDEMIC HAS EXACERBATED FOOD INSECURITY AND WILL DISPROPORTIONALLY AFFECT LOW INCOME AND MINORITY GROUPS |
21 University of Maryland Law Journal of Race, Religion, Gender and Class 160 (Spring, 2021) |
The COVID-19 pandemic has highlighted several health disparities that exist between primarily White, affluent populations and low-income and minority communities. While diet-related health disparities have come to the forefront during the pandemic, they have existed for generations, and can be attributed, in part, to systemic inequality in food... |
2021 |
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| Shaun Ossei-Owusu |
CRIMINAL LEGAL EDUCATION |
58 American Criminal Law Review 413 (Spring, 2021) |
The protests of 2020 have jumpstarted conversations about criminal justice reform in the public and professoriate. Although there have been longstanding demands for reformation and reimagining of the criminal justice system, recent calls have taken on a new urgency. Greater public awareness of racial bias, increasing visual evidence of... |
2021 |
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CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) |
134 Harvard Law Review 1268 (January, 2021) |
Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... |
2021 |
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| E. Tendayi Achiume , Devon W. Carbado |
CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW |
67 UCLA Law Review 1462 (April, 2021) |
By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... |
2021 |
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| Linda S. Greene |
CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES |
2021 Wisconsin Law Review 259 (2021) |
Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... |
2021 |
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| Frédéric Gilles Sourgens |
CURIOUS UNILATERALISM |
13 Federal Courts Law Review 113 (2021) |
Introduction. 114 I. A Working Definition of Unilateralism. 119 II. Unilateralism as Assault on Republican Government. 124 A. The Procedural Problem of Unilateralism. 125 B. The Substantive Problem of Unilateralism. 127 III. Vermeule's Defense of Unilateralism. 130 IV. A Breakdown of Public Reason. 137 A. Two Accounts of Public Reason. 138 B. The... |
2021 |
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| Jasmine B. Gonzales Rose |
DESNATADA: LATINA ILLUMINATION ON BREASTFEEDING, RACE, AND INJUSTICE |
57 California Western Law Review 303 (Spring, 2021) |
In Skimmed: Breastfeeding, Race, and Injustice, Andrea Freeman brilliantly explains how racism results in lower breastfeeding rates by Black mothers, which in turn results in poorer health outcomes--including higher mortality rates--for Black babies. She provides four primary reasons for this phenomenon: (1) the history and legacy of slavery, (2)... |
2021 |
Yes |
| Alan Z. Rozenshtein |
DIGITAL DISEASE SURVEILLANCE |
70 American University Law Review 1511 (May, 2021) |
The fight against future pandemics will likely involve digital disease surveillance: the use of digital technology to enhance traditional public-health techniques like contact tracing, isolation, and quarantine. But legal scholarship on digital disease surveillance is still in its infancy. This Article fills that gap. Part I explains the role that... |
2021 |
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| Emma Curran Donnelly Hulse |
DISABLING LANGUAGE: THE OVERREPRESENTATION OF EMERGENT BILINGUAL STUDENTS IN SPECIAL EDUCATION IN NEW YORK AND ARIZONA |
48 Fordham Urban Law Journal 381 (February, 2021) |
Introduction. 382 I. Disproportionality and Its Consequences. 387 II. Restrictive Language Policies and Educator Discretion Drive Disproportionality. 393 A. Contextualizing the Classroom: The Rise and Fall of Federal Support for Bilingual Education. 394 B. Arizona: The Nativist Campaign for English-Only Education. 397 C. New York: The Collateral... |
2021 |
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| Anthony O'Rourke , Rick Su , Guyora Binder |
DISBANDING POLICE AGENCIES |
121 Columbia Law Review 1327 (May, 2021) |
Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a... |
2021 |
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| Stephanie Bornstein |
DISCLOSING DISCRIMINATION |
101 Boston University Law Review 287 (January, 2021) |
In the United States, enforcement of laws prohibiting workplace discrimination rests almost entirely on the shoulders of employee victims, who must first file charges with a government agency and then pursue litigation themselves. While the law forbids retaliation against employees who complain, this does little to prevent it, in part because... |
2021 |
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| Alison Siegler, William Admussen |
DISCOVERING RACIAL DISCRIMINATION BY THE POLICE |
115 Northwestern University Law Review 987 (2021) |
For decades, it was virtually impossible for a criminal defendant to challenge racial discrimination by the police or prosecutors. This was because in United States v. Armstrong, 517 U.S. 456 (1996), the Supreme Court set an insurmountable standard for obtaining discovery in support of a selective prosecution claim. Equating the roles of... |
2021 |
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| Stephanie Holmes Didwania |
DISCRETION AND DISPARITY IN FEDERAL DETENTION |
115 Northwestern University Law Review 1261 (2021) |
The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a... |
2021 |
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| Peter Blanck , Fitore Hyseni , Fatma Altunkol Wise |
DIVERSITY AND INCLUSION IN THE AMERICAN LEGAL PROFESSION: DISCRIMINATION AND BIAS REPORTED BY LAWYERS WITH DISABILITIES AND LAWYERS WHO IDENTIFY AS LGBTQ+ |
47 American Journal of Law & Medicine 9 (2021) |
This article is part of an ongoing body of investigation examining the experiences of lawyers with diverse and multiple minority identities, with particular focus on lawyers with disabilities; lawyers who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+ as an overarching term); and lawyers with minority identities associated... |
2021 |
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| Anthony Leon |
DIVERSITY AND INCLUSION IN THE LEGAL PROFESSION: A MISSED OPPORTUNITY FOR THE ANTITRUST PRACTICE |
31 Competition: The Journal of the Antitrust and Unfair Competition Law Section of the California Lawyers Association 91 (Spring, 2021) |
Discussions about the importance of diversity in the workplace have flourished over the past few decades. In an inherently and historically diverse American society, various professions remain overwhelmingly held by white men. The legal profession has not been spared from this critique. On average, 83.5% of the people working in legal occupations... |
2021 |
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| David Tipson , Rene Kathawala , Nyah Berg , Lauren Webb |
EFFECTIVE SCHOOL-INTEGRATION MOBILIZATION: THE CASE FOR NON-LITIGATION ADVOCACY AND IMPACT |
48 Fordham Urban Law Journal 475 (February, 2021) |
Introduction. 475 I. Historical Background. 477 A. School Desegregation in the United States. 477 B. School Integration in New York City. 487 C. Status Quo in 2011. 489 II. Framing the Role for Legal Advocacy. 493 III. Implementation. 500 A. Challenging Legal and Regulatory Structures Inhibiting NYCDOE Action. 500 B. Creating a Precedential... |
2021 |
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| Lee Drutman |
ELECTIONS, POLITICAL PARTIES, AND MULTIRACIAL, MULTIETHNIC DEMOCRACY: HOW THE UNITED STATES GETS IT WRONG |
96 New York University Law Review 985 (October, 2021) |
How can self-governance work in a diverse society? Is it possible to have a successful multiracial, multiethnic democracy in which all groups are represented fairly? What kinds of electoral and governing institutions work best in a pluralistic society? In the United States today, these are not just theoretical concerns but fundamental inquiries at... |
2021 |
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| Perry A. Zirkel |
ENGLISH LEARNERS IN K-12 SCHOOLS AT THE PERILOUS INTERSECTION WITH DISABILITY LAWS: THE NEED FOR GUARDIAS BILINGÜES |
30 Boston University Public Interest Law Journal 59 (Winter, 2021) |
Introduction. 60 I.Overview of the Intersecting Legal Frameworks. 61 A. EL Statutory Framework. 61 B. Disability Statutory Framework. 63 II.Legal Literature at the EL-Disability Intersection. 65 III.Legal Decisions and Related Authority at the EL-Disability Intersection. 67 A. Identification. 68 1. Child Find. 68 2. Evaluation. 69 3. Eligibility.... |
2021 |
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| Paul Heaton |
ENHANCED PUBLIC DEFENSE IMPROVES PRETRIAL OUTCOMES AND REDUCES RACIAL DISPARITIES |
96 Indiana Law Journal 701 (Spring, 2021) |
Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention. This... |
2021 |
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| Nancy Leong |
ENJOYED BY WHITE CITIZENS |
109 Georgetown Law Journal 1421 (June, 2021) |
Whiteness is invisible in American law. The U.S. Constitution never mentions white people. Indeed, the entirety of constitutional and statutory law, at both the federal and state level, includes only two antidiscrimination statutes that refer explicitly to white people. These Reconstructionera statutes--42 U.S.C. § 1981 and § 1982--declare that all... |
2021 |
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| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
47 Mitchell Hamline Law Review 224 (November, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America's law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial... |
2021 |
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| Kevin Woodson |
ENTRENCHED RACIAL HIERARCHY: EDUCATIONAL INEQUALITY FROM THE CRADLE TO THE LSAT |
105 Minnesota Law Review Headnotes 481 (Spring, 2021) |
For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at Americas law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact... |
2021 |
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| Julie E. Steiner |
ERASING EVIDENCE OF HISTORIC INJUSTICE: THE CANNABIS CRIMINAL RECORDS EXPUNGEMENT PARADOX |
101 Boston University Law Review 1203 (May, 2021) |
Cannabis prohibition and its subsequent enforcement have yielded an epic societal tragedy. The decision to criminalize cannabis was a paradigm-shifting moment in legal history because it converted lawful medicinal or intoxicant-seeking conduct into criminal activity, inviting government intrusion into matters previously self-controlled. Scholars... |
2021 |
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| Jona Goldschmidt, Christopher Donner |
EXCLUSION OF RACE OF SUSPECT FROM CLERY ACT CAMPUS "CRIME ALERTS": RESULTS OF A SURVEY OF CLERY ACT REPORTERS |
28 George Mason Law Review 967 (Spring, 2021) |
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 (Clery Act) requires campus safety authorities at schools receiving federal funds to collect and annually produce statistics regarding crimes occurring on their campuses. The rule promulgated by the US Department of Education (DOE) under the Clery Act... |
2021 |
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| Laura Smalarz , Yueran Yang , Gary L. Wells |
EYEWITNESSES' FREE-REPORT VERBAL CONFIDENCE STATEMENTS ARE DIAGNOSTIC OF ACCURACY |
45 Law and Human Behavior 138 (April, 2021) |
Objectives: We assessed recent policy recommendations to collect eyewitnesses' confidence statements in witnesses' own words as opposed to numerically. We conducted an experiment to test whether eyewitnesses' free-report verbal confidence statements are as diagnostic of eyewitness accuracy as their numeric confidence statements and whether the... |
2021 |
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| Andrew Guthrie Ferguson |
FACIAL RECOGNITION AND THE FOURTH AMENDMENT |
105 Minnesota Law Review 1105 (February, 2021) |
Introduction. 1106 I. Facial Recognition Technology. 1109 A. The Technology. 1110 B. Police Use of Facial Recognition Technology. 1115 1. Face Surveillance. 1116 2. Face Identification. 1119 3. Face Tracking. 1122 4. Non-Law Enforcement Purposes. 1124 II. The Fourth Amendment and the Privacy Problem of Facial Recognition. 1126 A. Pre-Digital Face... |
2021 |
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| Ernesto Sagás , Ediberto Román |
FEAR, LOATHING, AND THE HEMISPHERIC CONSEQUENCES OF XENOPHOBIC HATE |
29 University of Miami International and Comparative Law Review 1 (Fall, 2021) |
When you have fifteen thousand people marching up . how do you stop these people? You shoot them [crowd member shouts] [chuckling, Trump responds:] [O]nly in the Panhandle can you get away with that thing. President Donald Trump Thousands of criminal aliens. They're pouring into our country. President Donald Trump They're not people, these... |
2021 |
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| Jessica A. Shoemaker |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
119 Michigan Law Review 1695 (June, 2021) |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
2021 |
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