AuthorTitleCitationSummaryYearKey Terms
Abigail Dallmann PRESERVING VIEWPOINT PLURALISM AND DEMOCRATIC PRINCIPLES: FLORIDA'S "DIVISIVE CONCEPTS" LAW AND STRATEGIES FOR CHALLENGING THE LAW'S ENFORCEMENT IN K-12 AND HIGHER EDUCATION 53 Journal of Law and Education 41 (Spring, 2024) Florida passed The Individual Freedom Act in April 2022, its version of divisive concepts legislation modeled after former-President Trump's Executive Order outlawing diversity trainings, critical race theory, and references to systemic racism. This legislation is an assault on pluralism, silencing engagement with diverse voices and constituents... 2024  
Moises Aguirre, Alexis Baggett, Spencer C. Weiler PRIDE FLAGS IN THE CLASSROOM: A PRACTICAL GUIDE 421 West's Education Law Reporter 768 (23-May-24) The suicide statistics for lesbian, gay, bisexual, transgender, and questioning (LGBTQ+) youth are daunting. Suicide is one of the leading causes of death among people aged 10-24 and LGBTQ+ teens are more than four times as likely to attempt suicide than their cisgender peers. According to the Trevor Project, forty-five percent of LGBTQ+ youth,... 2024  
Woodrow Hartzog , Evan Selinger , Johanna Gunawan PRIVACY NICKS: HOW THE LAW NORMALIZES SURVEILLANCE 101 Washington University Law Review 717 (2024) Privacy law is failing to protect individuals from being watched and exposed, despite stronger surveillance and data protection rules. The problem is that our rules look to social norms to set thresholds for privacy violations, but people can get used to being observed. In this Article, we argue that by ignoring de minimis privacy encroachments,... 2024  
Marion Crain PROFIT, MISSION, AND PROTEST AT WORK 108 Minnesota Law Review 2243 (May, 2024) The classic understanding of capitalism maintains that the social responsibility of business is to increase its profits. But in the last decade, many firms have announced commitments to various social justice issues, folding them into corporate mission statements, codes of corporate social responsibility, and branding. Firms engaging in so-called... 2024  
Brian L. Owsley PROTESTING WHILE BLACK 15 Alabama Civil Rights & Civil Liberties Law Review 1 (2023-2024) I. Protesters Around the Country Have Been Killed or Injured in Attacks.. 8 II. Several State Legislatures Enacted Statutes Targeting African American Protesters.. 12 III. Alabama's Targeted Legislation Focused on a Single Community Against a Single African American Organization.. 17 IV. The First Amendment Provides Protections for Everyone,... 2024  
Timothy Zick PUBLIC PROTEST AND GOVERNMENTAL IMMUNITIES 97 Southern California Law Review 1583 (August, 2024) This Article presents the findings of a quantitative and qualitative study of the application of qualified immunity and other governmental immunities in the context of public protest. Relying on three unique datasets of federal court decisions examining First Amendment and Fourth Amendment claims, the Article concludes that public protester... 2024  
Khiara M. Bridges RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI 110 Virginia Law Review 243 (April, 2024) What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... 2024  
Ian Ayres , Sonia Qin , Pranjal Drall RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT 21 UC Law Journal of Race and Economic Justice 183 (June, 2024) In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... 2024  
Thalia González, Rebecca Epstein RACIAL RECKONING AND THE POLICE-FREE SCHOOLS MOVEMENT 72 UCLA Law Review Discourse 38 (2024) Across the country, students of color face daily threats of arrest, exclusion, and violence at the hands of school police officers. Whether deemed threatening, defiant, or hypersexualized, Black students, in particular, pay a heavy price to access their right to free public education. Despite victories in dismantling educational carcerality since... 2024  
Atinuke O. Adediran RACIAL TARGETS 118 Northwestern University Law Review 1455 (2024) Abstract--It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020's racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as racial targets. The Article addresses this phenomenon... 2024  
Benjamin Levin , Kate Levine REDISTRIBUTING JUSTICE 124 Columbia Law Review 1531 (June, 2024) This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... 2024  
Naomi Levy, Amy E. Lerman, Peter Dixon REIMAGINING PUBLIC SAFETY: DEFINING "COMMUNITY" IN PARTICIPATORY RESEARCH 49 Law and Social Inquiry 68 (February, 2024) In the context of a national movement to defund police departments, many American cities are starting to reimagine public safety, as activists demand new practices that maintain safety while minimizing harm, as well as ensuring accountability when harms occur. Drawing on Everyday Peace Indicators methodologies, we argue that community-centered... 2024  
Joseph Berra, S. Priya Morley REIMAGINING RIGHTS IN THE AMERICAS 28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... 2024  
Jane K. Stoever REMOVING THE BIAS OF CRIMINAL CONVICTIONS FROM FAMILY LAW 35 Yale Journal of Law & Feminism 1 (2024) Abstract: What happens when a legal system reduces a person to a record of arrests and prosecutions and prioritizes that information in family court? And what are the implications when this legal system is rooted in racism; disproportionately arrests, charges, and sentences people of color; and increasingly criminalizes domestic violence survivors?... 2024  
Todd J. Clark REVERSING DEI: THE CONSEQUENCE - "IED" INDOCTRINATION AND ELIMINATION OF DIVERSITY 55 University of Toledo Law Review 169 (Winter, 2024) Attacks on Diversity, Equity, and Inclusion (DEI) efforts, from right-wing conservatives, are an attack on marginalized communities, specifically black and brown people and members of the LGBTQ+ community. Over the past five years, the world around us has changed. DEI initiatives that once offered a glimmer of hope for members of marginalized... 2024  
Erin Sheley SELF-DEFENSE AND POLITICAL RAGE 11 Texas A&M Law Review 591 (Spring, 2024) This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions,... 2024  
Tyler Breland Valeska SPEECH BALKANIZATION 65 Boston College Law Review 903 (March, 2024) Introduction. 904 I. Justifying the Anti-Balkanization Principle. 912 A. First Amendment Statecraft. 913 B. Anti-Balkanization and Federalism. 915 C. Balkanization Risks to National Discourse. 918 II. Situating the Anti-Balkanization Principle. 920 A. Intercolony Speech Channels. 920 B. Interbellum Censorship. 924 C. New Deal Nationalism. 926 III.... 2024  
Michelle D. Layser , Andrew J. Greenlee, Ph.D. STRUCTURAL INEQUALITY AND THE NEW MARKETS TAX CREDIT 73 Duke Law Journal 801 (January, 2024) The New Markets Tax Credit (NMTC) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of... 2024  
Dave Hall , Brad Areheart THE BIAS PRESUMPTION 112 Georgetown Law Journal 749 (April, 2024) The American workplace is a fractured sphere of public life, in which white men often wield power at the expense of women and people of color. However, that power imbalance is no longer fully imbued with the active animus that characterized the first few centuries of American life; now, much of the damage done by discrimination is done structurally... 2024  
Daanika Gordon , Associate Professor, Department of Sociology, Tufts University, Medford, MA, United States, Email: daanika.gordon@tufts.edu THE BOUNDARIES OF TWENTY-FIRST-CENTURY POLICING 49 Law and Social Inquiry 2547 (November, 2024) Cheng, Tony. The Policing Machine: Enforcement, Endorsements, and the Illusion of Public Input. Chicago: University of Chicago Press, 2024 Phelps, Michelle. The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America. Princeton, NJ: Princeton University Press, 2024 Sierra-Arévalo, Michael. The Danger Imperative: Violence,... 2024  
Andrew Wade THE CLOCKS ARE STRIKING THIRTEEN: CONGRESS, NOT COURTS, MUST SAVE US FROM GOVERNMENT SURVEILLANCE VIA DATA BROKERS 102 Texas Law Review 1099 (April, 2024) Can the government buy its way around the Fourth Amendment's warrant requirement? As the panic over data-sharing after Dobbs illustrates, the answer is an urgent yes. Transactions between the government and data brokers-- businesses that acquire, aggregate, and sell massive amounts of data on individuals' digital activities--fall outside the Stored... 2024  
Connor Reid THE FOURTH AMENDMENT COVERS "FOG REVEAL": NOT THE OTHER WAY AROUND 14 Wake Forest Journal of Law and Policy 127 (January, 2024) Davin Hall began working with the Greensboro Police Department (GPD) as a crime analyst in 2014. Through his analysis, Hall helped police patrol identify patterns in criminal offenses around the city. During his six years with the GPD, Hall frequently relied on software applications to make his work with crime data more efficient and... 2024  
Rachel López THE HEART AND HEARTBREAK OF INTERNATIONAL LAW 38 Temple International and Comparative Law Journal 15 (Spring, 2024) In The Last Colony, Phillipe Sands takes us on an auto-ethnographic journey through his experience as counsel in the case he brought before the International Court of Justice (ICJ) on behalf of Mauritius against the United Kingdom to decolonize the last colony of Chagos. Sands compellingly documents Madame Liseby Elysé's struggle to return to her... 2024  
Hannah Bloch-Wehba THE IDEOLOGY OF PRESS FREEDOM 14 UC Irvine Law Review 1 (January, 2024) This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom,... 2024  
Spencer Overton, Catherine Powell THE IMPLICATIONS OF SECTION 230 FOR BLACK COMMUNITIES 66 William and Mary Law Review 107 (October, 2024) Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (for example, posts, comments, and videos) and for moderation of that content. This Article addresses an important issue overlooked by both defenders and critics of Section 230:... 2024  
Stephen Rushin THE IMPORTANCE OF POLICING 76 South Carolina Law Review 133 (Autumn, 2024) This Article argues that, if effectively regulated, policing represents a fundamentally important social institution that advances the community interest in public safety, justice, equality, and the rule of law. In recent years, a significant and growing body of legal scholarship has called for the shrinking of police responsibilities, the... 2024  
Jacob D. Charles , Darrell A.H. Miller THE NEW OUTLAWRY 124 Columbia Law Review 1195 (May, 2024) From subtle shifts in the procedural mechanics of self-defense doctrine to substantive expansions of justified lethal force, legislatures are delegating larger amounts of violence work to the private sphere. These regulatory innovations layer on top of existing rules that broadly authorize private violence--both defensive and offensive--for... 2024  
Shawn E. Fields THE PROCEDURAL JUSTICE INDUSTRIAL COMPLEX 99 Indiana Law Journal 563 (Winter, 2024) The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice - that a polite cop is... 2024  
Stavros Gadinis, Chris Havasy THE QUEST FOR LEGITIMACY: A PUBLIC LAW BLUEPRINT FOR CORPORATE GOVERNANCE 57 U.C. Davis Law Review 1581 (February, 2024) Corporations are assuming an unexpected role: social reformers. As investors, employees, and other stakeholders increasingly call on companies to take a stand on controversial social issues, managers are struggling to respond. Faced with climate change, racial equity, and workplace gender issues, managers can no longer stay above the fray and... 2024  
Matthew Cook , Kate Cook , Nathan Nicholson , Joshua Bearden THE REAL WORLD: IQBAL/TWOMBLY THE PLAUSIBILITY PLEADING STANDARD'S EFFECT ON FEDERAL COURT CIVIL PRACTICE 75 Mercer Law Review 861 (Spring, 2024) Several publications already exist detailing the evolution of American civil pleading standards, the personalities involved throughout, as well as the differing iterations' theoretical and philosophical underpinnings. This Article is written not from the viewpoint of a scholar, but a practitioner. It is the practitioner who drafts, files, and... 2024  
Jonathan C. Augustine THE SOUTH WILL (NOT) RISE AGAIN: THE RELIGION OF THE LOST CAUSE MEETS THE POLITICS OF CONFEDERATE MONUMENT REMOVAL 58 University of Richmond Law Review 555 (Symposium 2024) According to the Supreme Court of the United States' rulings in Pleasant Grove City v. Summum and Walker v. Texas Division, Sons of Confederate Veterans, Inc., there is a fundamental difference between government speech, where a governmental entity expresses its own political views on its property, and private speech on government property wherein... 2024  
Eleanor A. F. Vorys TITLE VII AND DISCRIMINATION AGAINST THIRD-PARTY ADVOCATES: INTERPRETING GREATER PROTECTIONS TO FURTHER THE GREATER GOAL 85 Ohio State Law Journal 559 (2024) Advocacy discrimination theory could become a tool in the litigator's toolbox as social media, the pandemic, and heightened political controversy combine to stoke the peoples' movements in the workplace. Recognizing advocacy discrimination claims under Title VII could broaden protections for the advocate-plaintiff when discrimination occurs... 2024  
Ellen M. Bublick , Jane R. Bambauer TORT LIABILITY FOR PHYSICAL HARM TO POLICE ARISING FROM PROTEST: COMMON-LAW PRINCIPLES FOR A POLITICIZED WORLD 73 DePaul Law Review 263 (Winter, 2024) Protest is fundamental to a democratic society. It enables people to associate with others to voice their opinions effectively, and to advocate for change. As the United States Supreme Court wrote in the case of a 1960s civil rights boycott of white merchants in Mississippi's Claiborne County, by collective effort individuals can make their views... 2024  
Cara McClellan, Jamelia Morgan TOWARD ABOLITIONIST REMEDIES: POLICE (NON)REFORM LITIGATION AFTER THE 2020 UPRISINGS 51 Fordham Urban Law Journal 635 (March, 2024) Introduction. 636 I. Police Surveillance & Excessive Force Against Black Philadelphians. 642 A. Surveillance and Over-policing of Black Activists. 643 B. PPD's Over-policing and Excessive Use of Force Against Black Residents. 646 C. The 52nd Street Community. 650 II. The Lawsuit. 652 A. The Events of May 31. 652 B. The Allegations. 657 III. Seeking... 2024  
Michael Grynberg TRADEMARK FREE RIDERS 39 Berkeley Technology Law Journal 275 (2024) Trademark law cares a lot about the concept of free riding. Judges prone to moralizing often care more about condemning defendants who use other people's trademarks than they do about considering the public benefits of the challenged activities. This intuition has left its mark on trademark doctrine. Even adjudicators inclined to utilitarian... 2024  
Michaela A. Giuggio TRADEMARKING HATE SPEECH: THE DANGERS OF INCONSISTENCY IN THE FEDERAL TRADEMARK REGISTRATION PROCESS 28 Lewis & Clark Law Review 199 (2024) In 2017, the United States Supreme Court decided in Matal v. Tam that the Lanham Act's prohibitions on disparaging trademarks violated the First Amendment of the Constitution. Two years later, it decided in Iancu v. Brunetti that prohibitions on immoral or scandalous marks were similarly unconstitutional. In the wake of these decisions, and at a... 2024  
Martha Chamallas TRAUMA DAMAGES 52 Southwestern Law Review 543 (2024) The concept of trauma has increasingly been used to describe the experiences of marginalized groups and has a special relevance to systemic injuries and abuses of power that can form the basis of personal injury claims. Although trauma would seem to have everything to do with tort law, not much attention has been paid to trauma and its connection... 2024  
Anthony Hernandez TRIBAL TRADEMARK LAW 76 Stanford Law Review 661 (March, 2024) Abstract. Native American tribes are increasingly creating their own intellectual and cultural property statutes. Of all the new legislation, tribal trademark law in particular is an engaging yet understudied area. By studying tribal trademark law, it becomes possible to evaluate the nature and scope of tribal sovereignty. And studying tribal... 2024  
Diane Heckman, J.D. U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: THE BACK STORY AND PHASE ONE AFFIRMATIVE ACTION CASES 416 West's Education Law Reporter 749 (4-Jan-24) I. Introduction II. Background of the UNC and Harvard College Cases III. Race Considerations in This Country IV. Pivotal Fourteenth Amendment Equal Protection Clause Education Case: Brown v. Board of Education V. Supreme Court's Earlier Phase One Cases Involving Education, Affirmative Action, and the Fourteenth Amendment A. Proponents Versus... 2024  
Jennifer Bauer UNREASONABLE, UNFAIR, AND UNACCOUNTABLE: WHAT COMMONWEALTH v. POWNALL REVEALS ABOUT INSTRUCTING JURIES ON POLICE USE OF DEADLY FORCE 128 Penn State Law Review 987 (Spring, 2024) Police violence is a widespread problem in the United States that disproportionately affects Black communities. Social justice movements and the media pressure prosecutors to pursue criminal charges against offending officers. However, convictions are rare, partly because officers can assert a legal defense for using deadly force in effecting... 2024  
Angela Dixon UNSHACKLED: WHY ELIMINATING HEALTH DISPARITIES REQUIRES THAT OUR CRIMINAL JUSTICE SYSTEM SET INCARCERATED MOTHERS AND THEIR DEVELOPING CHILDREN FREE 38 Journal of Law and Health 102 (31-Oct-24) Abstract: Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (ACES) or lifelong damage to their physical and mental health. The experiences may be the same for children born already... 2024  
Diane Kemker, J.D., LL.M USING A "MOVES TO INNOCENCE" APPROACH TO DISSECT AND DEBUNK THE CLAIM THAT CRITICAL RACE THEORY IS ANTISEMITIC 27 Lewis & Clark Law Review 1145 (2024) In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected,... 2024  
Lisa A. Tucker UTAH v. STRIEFF AND TEACHING ANALYSIS 98 Saint John's Law Review 121 (2024) In Utah v. Strieff, the Supreme Court considered whether the Fourth Amendment required suppression of evidence obtained in an unlawful investigatory stop when police discovered that the person stopped was subject to lawful arrest based on an unrelated outstanding warrant. The majority opinion, written by Justice Clarence Thomas, held that... 2024  
Tonja Jacobi, Matthew Sag WE ARE THE AI PROBLEM 74 Emory Law Journal Online 1 (14-Aug-24) This Essay describes what we call the Black Nazi Problem, a shorthand for the sometimes-jarring text and images produced by AI, from the incongruous-- such as female Indian popes--to the outrageous--such as depicting minorities as their own historical oppressors, including Black Nazis. These images were the result of overzealous efforts by AI... 2024  
Garrett I. Halydier WE(ED) THE PEOPLE OF CANNABIS, IN ORDER TO FORM A MORE EQUITABLE INDUSTRY: A THEORY FOR IMAGINING NEW SOCIAL EQUITY APPROACHES TO CANNABIS REGULATION 19 University of Massachusetts Law Review 225 (Spring, 2024) States increasingly implement social equity programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to... 2024  
Marissa Jackson Sow WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE 14 UC Irvine Law Review 459 (May, 2024) Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... 2024  
Mell Chhoy , Mark Gaston Pearce WORKER OUTBURSTS, WORKPLACE RULES AND A RESURGENCE OF WORKER VOICE 31 Georgetown Journal on Poverty Law and Policy 355 (Spring, 2024) What started as the Summer of Strikes, as unions across different industries flexed their muscles and rode a wave of revived pro-labor sentiment, has turned into a year marked by some of the largest labor disputes in more than two decades. In total, 2023 saw 451 labor strikes, some of which have resulted in historic victories and pay increases.... 2024  
Michael Z. Green (A)WOKE WORKPLACES 2023 Wisconsin Law Review 811 (2023) With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination,... 2023 Most Relevant
  ¶ 47,292 JAMES HALBAUER, JR. PLAINTIFF V LOUIS DEJOY DEFENDANT. Employment Practices Guide 47204 (2023) Reverse discrimination Disparate treatment Postal worker wore MAGA hat A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed after he was told not to wear a MAGA hat to work, while a female African American coworker was not reprimanded for wearing a Black Lives Matter hat. The court first... 2023 Most Relevant
  ¶ 47,292 JAMES HALBAUER, JR. PLAINTIFF V LOUIS DEJOY DEFENDANT. Labor & Employment Law 47292 (2023) Reverse discrimination Disparate treatment Postal worker wore MAGA hat A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed after he was told not to wear a MAGA hat to work, while a female African American coworker was not reprimanded for wearing a Black Lives Matter hat. The court first... 2023 Most Relevant
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