| Author | Title | Citation | Summary | Year | Key Terms |
| David J. Oliveiri, M.B.A., J.D. |
Defense of Good Faith in Action for Damages Against Law Enforcement Official under 42 U.s.c.a. § 1983, Providing for Liability of Person Who, under Color of Law, Subjects Another to Deprivation of Rights |
61 American Law Reports ALR Federal 7 (2020) |
Collected and analyzed in this annotation are those cases in which the federal courts have considered questions related to the availability or establishment by law enforcement officials of a defense of good faith in actions seeking damages under 42 U.S.C.A. § 1983, which provides for liability of persons who, under color of law, subject another to... |
2020 |
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| David Schraub |
Deliberation and Dismissal |
22 University of Pennsylvania Journal of Constitutional Law 1319 (August, 2020) |
One of the earliest steps in civil litigation is the motion to dismiss. Dismissal offers the opportunity to preemptively dispose of a given claim that does not present a legally judiciable case or controversy prior to expending time or energy on matters like discovery or a trial. Everyday talk, of course, is not bound by such procedural rules.... |
2020 |
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| Amna A. Akbar |
Demands for a Democratic Political Economy |
134 Harvard Law Review Forum 90 (12/1/2020) |
Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters .. Power concedes nothing without a demand. It never did and it never will. --Frederick Douglass, 1857 We are living in a... |
2020 |
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Democratic Attorneys Criticize House Judiciary Democrats' Questioning of Barr |
(7/28/2020) |
Democratic attorneys criticized Democrat lawmakers on the House Judiciary Committee over their questioning of Attorney General William Barr on Tuesday, opining that they could have been more effective and pointed with the nation's top lawyer. |
2020 |
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| Cristina Marcos |
Democratic Rep. Max Rose Concedes New York House Race |
The Hill (11/12/2020) |
Rep. Max Rose (D-N.Y.) conceded his House race against Republican challenger Nicole Malliotakis on Thursday, paving the way for the GOP to retake one of the most competitive districts in the nation. |
2020 |
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| CQ Roll Call Washington Energy Briefing |
Democrats Push for Hearing on Pendley Nomination for Blm |
(8/7/2020) |
More than a year into the job officially still temporary, acting Bureau of Land Management Director William Perry Pendley is making decisions that may be permanent and Senate Democrats are seeking a chance to hold him to account. |
2020 |
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| Mike Lillis and Cristina Marcos |
Democrats See Victory in Trump Culture War |
The Hill (7/8/2020) |
Democrats are taking aggressive steps to highlight President Trumps focus on the hot-button cultural topics of race and heritage, betting it will play to their partys advantage in November. |
2020 |
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| Mike Lillis and Scott Wong |
Democrats Unveil Sweeping Legislation in Response to Protests of Police Brutality |
The Hill (6/8/2020) |
Democrats in both chambers introduced sweeping reforms on Monday designed to combat racial disparities in the criminal justice system the partys much awaited legislative response to recent police violence against African Americans that's sparked mass protests across the country and beyond. |
2020 |
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| Rebecca Beitsch |
Democrats Use Vulnerable Gop Senators to Get Rare Win on Environment |
The Hill (8/17/2020) |
President Trumps decision to withdraw his controversial nominee to lead the Bureau of Land Management (BLM) is a rare example of Democrats and conservation groups being able to leverage the vulnerability of Republican senators to their advantage. |
2020 |
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| Alexander Bolton |
Democrats Worry about Voter Backlash in Suburbs |
The Hill (8/28/2020) |
Democratic strategists are worried scenes of violence in Kenosha, Wis., and the defund the police debate could give Republicans and President Trump a boost with suburban voters. |
2020 |
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| Justine Coleman |
Demonstrators Protest Portland Tactics Outside Home of Dhs Chief |
The Hill (7/26/2020) |
Demonstrators protested the tactics federal authorities are using in Portland, Ore., outside the Virginia home of the acting Department of Homeland Security (DHS) secretary on Sunday. |
2020 |
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| Katharine Silbaugh |
Developmental Justice and the Voting Age |
47 Fordham Urban Law Journal 253 (February, 2020) |
Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco... |
2020 |
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| Marty Johnson |
Dhs Compiled Intelligence Reports on Journalists Reporting on Protests in Portland: Report |
The Hill (7/30/2020) |
Amid the clashes between protestors and federal officers in downtown Portland, Ore., the Department of Homeland Security (DHS) which deployed the agents created intelligence reports on a pair of journalists that it claims reported on leaked, unclassified information regarding the tense situation, according to The Washington Post. |
2020 |
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| Brianna Rosier |
Dignity: the Most Important Common Resource |
34 BYU Journal of Public Law 313 (2020) |
As a proselyting missionary, I spent time in many northern Colorado cities. While living in Loveland and Fort Collins, I was occasionally hit by a foul-smelling wind. Citizens of those cities would take a whiff and say, Smells like Greeley. The phrase was so prevalent that I picked it up myself, even though I had never been to Greeley, a city... |
2020 |
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| Annette Clark |
Diploma Privilege and the Future of the Bar Exam |
37No.6 GPSolo 19 (November/December, 2020) |
The COVID-19 pandemic has disrupted our lives and work in ways that were unimaginable only six months ago, as we've been faced with illness and death within our families and communities, a health care system that has been strained beyond capacity, the loss of jobs and increasing economic insecurity, anxiety and depression brought on by the fear of... |
2020 |
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| David Eichert |
Disciplinary Sodomy: Prison Rape, Police Brutality, and the Gendered Politics of Societal Control in the American Carceral System |
105 Cornell Law Review 1775 (September, 2020) |
This Note engages with critical legal scholarship about gender and race to reframe discussions about sodomy in American law. Instead of concentrating on the history and constitutionality of sodomy bans, I instead demonstrate how disciplinary sodomy remains an intrinsic part of the American carceral system. I detail several scenarios in which anal... |
2020 |
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| Daniel A. Klein, J.D. |
Disclosure, under State Freedom of Information or Records Act, of Video Obtained by Police or Other Law Enforcement Authorities from Dash Camera, Mobile Video Recorder, or Security or Surveillance Camera |
48 American Law Reports ALR7th Art. 2 (2020) |
Various types of electronic devices are typically used by police or other law enforcement agencies for recording or surveillance purposes. Besides stationary surveillance or security cameras within law enforcement agency premises, such devices include mobile video recorders or dashboard cameras (dash cams) mounted in law enforcement vehicles.... |
2020 |
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| Derek W. Miller |
Discrimination, Discretion, and Iowa's Packed Prisons |
105 Iowa Law Review 901 (January, 2020) |
ABSTRACT: For decades, the racial disparity in Iowa's prison system has persistently been one of the worst in the nation--despite the fact that the state is home to relatively few people of color. This Note submits that Iowa's County Attorneys may play an outsized role in perpetuating this state of affairs by charging and convicting... |
2020 |
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| Sarah L. Swan |
Discriminatory Dualism |
54 Georgia Law Review 869 (Spring, 2020) |
This Article identifies and theorizes a significant but previously overlooked feature of structural discrimination: it frequently develops into two seemingly opposing, yet in fact mutually supportive practices. This discriminatory dualism occurs in multiple contexts, including policing, housing, and employment. In policing, communities of color... |
2020 |
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| Clint Watts |
Disinformation's Dangerous Appeal: How the Tactic Continues to Shape Great Power Politics |
44-SUM Fletcher Forum of World Affairs 19 (Summer, 2020) |
fletcher forum: Can you define for us what is meant by the term, disinformation? clint watts: Disinformation is information that is deliberately created to achieve an objective that is knowingly false. This means that the person, the organization, the country, or the entity that is distributing it knows that it is not true, but it's designed to... |
2020 |
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| Kevin E. Jason |
Dismantling the Pillars of White Supremacy: Obstacles in Eliminating Disparities and Achieving Racial Justice |
23 CUNY Law Review 139 (Winter, 2020) |
Introduction. 140 I. A Tale of Two Americas Still Persists Today Between People of Color and Whites. 142 II. The Four Pillars Of White Supremacy: A Proposed Framework and Illustration Through Housing Policies. 148 A. Recognizing the Four Pillars of White Supremacy. 148 B. The Four Pillars at Work in Government-Led and Government-Sanctioned Housing... |
2020 |
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| Peter Blanck , Ynesse Abdul-Malak , Meera Adya , Fitore Hyseni , Mary Killeen , Fatma Altunkol Wise |
Diversity and Inclusion in the American Legal Profession: First Phase Findings from a National Study of Lawyers with Disabilities and Lawyers Who Identify as Lgbtq+ |
23 University of the District of Columbia Law Review 23 (Spring, 2020) |
Purpose: This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (ABA). With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse... |
2020 |
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Diversity Matters, Disclosure Works, and the Sec Can Do More |
24No.10 Wallstreetlawyer.com: Securities in the Electronic Age NL 5 (10/1/2020) |
Today I want to talk you about a topic that has dominated my thoughts recently, and Im sure many of yours as well: diversity and inclusion. I know that many of you have long advocated for greater diversity on corporate boards and elsewhere. Recent events have triggered an unprecedented national conversation on racial injustice that also highlights... |
2020 |
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| Richard S. Levick |
Diversity, Equity, and Inclusion: the Challenges Ahead for Lawyers and Directors |
39No.10 Of Counsel Counsel 5 (October, 2020) |
Are directors even relevant anymore? --Fortune 150 Board Member Over the years, I have had the honor of working with and speaking to many boards, public and private, and with many individual board members. Never was I simultaneously impressed and surprised by a question more than the one above. And that was three years ago. The world has only... |
2020 |
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| Jonathan Cardi , Valerie P. Hans , Gregory Parks |
Do Black Injuries Matter?: Implicit Bias and Jury Decision Making in Tort Cases |
93 Southern California Law Review 507 (March, 2020) |
They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by African Americans are devalued relative to the injuries of whites. This study is one of the first comprehensive experimental examinations of how race affects judgments of tort injuries. We... |
2020 |
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Dress Code-related Discipline Related to Blm Movement Turns into a Breeding Ground of Controversy |
360 Employment Law Counselor NL 3 (8/1/2020) |
An employee handbook clearly states that employees are prohibited from donning visible slogans, messages, logos or advertising that are not company-related. During the COVID-19 era, that organizations employees are expected to wear face masks at work. If they wear masks with messaging or non-work-related logos, the employer offers them... |
2020 |
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| Malhar Shah |
Elusive Morality: Why the Supreme Court Should Formally Disavow Moral Justifications for Burdening Liberty Interests, but Recognize its Importance for Expanding Rights |
25 Texas Journal on Civil Liberties & Civil Rights 131 (Spring, 2020) |
Abstract. 132 I. Introduction. 132 II. The Mentalist Theory: A Framework for Understanding Meaning. 133 III. How Judith Butler and Slavoj Iiiek's Theories of the Mind Make Meaning Fraught. 135 IV. Brain Scans: A Lens into Meaning. 138 V. The History of Morality in the Supreme Court. 141 A. The Supreme Court's disavowal of moral interests. 141 B.... |
2020 |
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| CQ Roll Call staff |
Emergency Room Visits Plunged During Covid-19 Lockdowns, Cdc Says |
CQ Roll Call Insurance Briefing (6/4/2020) |
Emergency room visits fell sharply over a four-week period from March 29 to April 25 as states imposed lockdowns to combat the COVID-19 pandemic, Centers for Disease Control and Prevention data shows. |
2020 |
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| Karen M. Markin, Ph.D., Director of Research Development, University of Rhode Island |
Emerson, Thomas I. Toward a General Theory of the First Amendment, 72 Yale L. J. 877 (1963) |
25 Communication Law and Policy 390 (Summer, 2020) |
I have probably referred to Thomas I. Emerson's Toward a General Theory of the First Amendment more often than any other article. Emerson's theory--which covers the values served by the First Amendment, the problems with maintaining a system of freedom of expression, the role of law and legal institutions in this effort, and the formulation of... |
2020 |
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| Richard I. Lehr, Lehr Middlebrooks Vreeland & Thompson, P.C. |
Employers Play Key Role in National Reckoning on Racial Disparities |
1No.8 Southeast Employment Law Letter 5 (8/1/2020) |
The Black Lives Matter movement emerged in 2013 after George Zimmerman was acquitted in the shooting death of Trayvon Martin. The recent killings of George Floyd and others have resulted in the movement expanding beyond the issues of law enforcement and race--they have resulted in a national reckoning on racial disparities in several regards,... |
2020 |
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| Ethan Howland, CQ Roll Call |
Environmental Justice to Factor in Corporate Renewable Deals, Levelten Says |
CQ Briefing Roll Call Washington Corporate Governance (11/9/2020) |
Companies will increasingly consider social justice issues when they buy renewable energy, according to LevelTen Inc. |
2020 |
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Eric's Blog |
25No.4 Cyberspace Lawyer NL 5 (5/1/2020) |
Bell authored a book called Winning Isnt Normal. He got a copyright registration for the book and a separate registration for a 241-word passage from the book (I wont include that passage here for reasons that soon will be obvious). Bell claims this passage is the heart of the book. In May 2016, Moawad Group posted the passage to its social... |
2020 |
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| Era Anagnosti, Colin Diamond, Maia Gez, Dov Gottlieb, Danielle Herrick |
Esg Disclosure Trends in Sec Filings |
Corporate Governance Advisor 6018401 (2020) |
Era Anagnosti, Colin Diamond, Maia Gez, and Dov Gottlieb are Partners, and Danielle Herrick is a Professional Support Lawyer, of White & Case LLP. By Era Anagnosti, Colin Diamond, Maia Gez, Dov Gottlieb, and Danielle Herrick © 2020 White & Case LLP. Era Anagnosti, Colin Diamond, Maia Gez, and Dov Gottlieb are Partners, and... |
2020 |
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| Laura Weiss, CQ Roll Call |
Esg Investors Emphasize Paid Leave, Worker Say as Covid-19 Cases Climb |
CQ Briefing Roll Call Washington Corporate Governance (11/19/2020) |
As the U.S. reaches record-highs for daily COVID-19 cases, investors are demanding that companies provide workers with paid sick leave and give employees a say in pandemic safety and other workplace issues. |
2020 |
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| Tom C.W. Lin |
Executive Private Misconduct |
88 George Washington Law Review 327 (March, 2020) |
Executives misbehave. In recent years, the world has been outraged and appalled by the shocking misbehavior of corporate executives. Some of their behavior have been plainly unethical; others have been deeply offensive; and still others have been simply criminal. Regardless of the misbehavior, such executive private misconduct--when made... |
2020 |
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| Zack Budryk |
Ex-pence Aide Turned Trump Critic 'Very Concerned' about Jan. 6 Violence |
The Hill (12/29/2020) |
A former aide to Vice President Pence who has since become a vocal critic of the Trump administration warned Monday that she feared violence could erupt in Washington, D.C., on Jan. 6, when Congress will formally certify President-elect Joe Bidens Electoral College victory. |
2020 |
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| Zack Budryk |
Ex-presidents Honor Lewis's Contributions to Nation at Funeral |
The Hill (7/30/2020) |
Every living former president was present or represented at the Thursday funeral of the late Rep. John Lewis (D-Ga.) at Atlantas Ebenezer Baptist Church, capping off a week of tributes to the late civil rights icon. |
2020 |
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Facebook Directors Failed to Curb Discrimination, Investor Suit Says |
35No.02 08 (2020) |
A Facebook shareholder says the social media giant's top executives and directors have perpetuated unlawful discrimination against Black individuals and other minorities, causing massive damage" to the company's reputation and bottom line. Natalie Ocegueda's derivative complaint |
2020 |
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| Cristina Marcos |
Facebook Removes Gop Lawmaker's Post for Inciting Violence |
The Hill (9/2/2020) |
Rep. Clay Higgins (R-La.) suggested in a Facebook post on Tuesday that armed demonstrators in his state should be met with force, leading the social media platform to remove it for breaking its policies against inciting violence. |
2020 |
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| Laura Weiss, CQ Roll Call |
Facebook, Oracle, Qualcomm Shareholders Sue over Diversity Commitments |
CQ Briefing Roll Call Washington Corporate Governance (8/27/2020) |
Boards of some of the largest U.S. companies including Facebook Inc. and Oracle Corp. are failing to follow through on public statements about diversity, according to lawsuits filed on behalf of investors. |
2020 |
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| Joyce Boland-DeVito |
Fashion(ing) a Political Statement: a Review of the Legal & Social Issues That Arise from Banned Political Clothing and Other Controversial Fashion Items in Light of the U.s. Supreme Court's Decision in Minnesota Voters Alliance V. Mansky |
30 Fordham Intellectual Property, Media and Entertainment Law Journal 493 (Winter, 2020) |
Does the U.S. Supreme Court believe that the Free Speech Clause of the First Amendment includes freedom of expression in our clothing? The answer is yes! This Article will show that fashion can make a strong political statement (or misstatement) in the court of law as demonstrated by the U.S. Supreme Court's recent decision striking down... |
2020 |
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| Morgan Gstalter |
Fbi Memo: Administration Officials Saw Immediate Threat from George Floyd Protests |
The Hill (7/29/2020) |
A memo from the deputy director of the FBI reportedly declared anti-racism protests following George Floyd's death a national crisis and suggested protesters be arrested under a law from the 1940s, a signal that Trump administration officials were alarmed and uncertain about the demonstrations. |
2020 |
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| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to... |
2020 |
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| Marty Johnson |
Federal Agents Clash with Portland Protesters, Use Tear Gas |
The Hill (7/25/2020) |
Protesters and federal agents faced off again Friday night in downtown Portland, with protesters shooting fireworks toward the federal courthouse and agents responding with tear gas. |
2020 |
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| Marty Johnson |
Federal Judge Temporarily Bars Federal Officers in Portland from Taking Actions Against Journalists, Observers |
The Hill (7/23/2020) |
A federal judge in Oregon on Thursday night issued a temporary restraining order against the federal agents deployed in Portland, prohibiting them from threatening to arrest, arresting, dispersing or using force against journalists and legal observers who are at the protests. |
2020 |
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| Jim Saksa, CQ Roll Call |
Fed's Powell Urges Congress to Spend on Unemployed in Pandemic |
CQ Briefing Roll Call Washington Banking (6/16/2020) |
Federal Reserve Chairman Jerome Powell on Tuesday urged Congress to spend more money to limit the economic damage of the COVID-19 pandemic, the latest in a chorus of current and past Fed officials to tell lawmakers that inaction could lengthen the recession. |
2020 |
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| G. Michael Parsons |
Fighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas |
104 Minnesota Law Review 2157 (May, 2020) |
Introduction. 2158 I. The Modern Market Metaphor: Reckoning with Reality. 2162 A. Conceptual Problems. 2162 1. Competition for Individual Acceptance. 2164 2. Competition for Exposure Across Society. 2169 B. Empirical Problems. 2171 C. Historical Problems. 2176 II. Attentional Choice: A Theory of Competition for the Marketplace of Ideas. 2180 III.... |
2020 |
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| Jessie Hellmann and Peter Sullivan |
Five Takeaways from Fauci's Testimony |
The Hill (7/31/2020) |
When Anthony Fauci, the nations top infectious diseases doctor, testified before Congress a month ago, the U.S. had just set a record with 48,000 new coronavirus cases in a single day. |
2020 |
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| Mike Lillis and Cristina Marcos |
Floyd's Brother Urges Congress to Take Action |
The Hill (6/10/2020) |
The brother of George Floyd appeared Wednesday on Capitol Hill to implore lawmakers to take the reins in the fight against racial injustice in law enforcement, injecting a shot of high emotion into an historic debate over police brutality and Congresss role in curbing it. |
2020 |
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| Nick Robinson |
Foreign Agents in an Interconnected World: Fara and the Weaponization of Transparency |
69 Duke Law Journal 1075 (February, 2020) |
The Foreign Agents Registration Act (FARA) is a sweeping and generally underenforced public-disclosure statute. Enacted in 1938, FARA was used during World War II to target fascist propaganda, but by the 1960s its enforcement had shifted to lobbyists and public-relations firms for foreign governments. After the 2016 presidential election, FARA... |
2020 |
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