| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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¶ 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 |
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¶ 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 |
| Kathryn G. Speckart |
BLACK LIVES MATTER AND THE PUSH FOR COLONIAL-ERA CULTURAL HERITAGE RESTITUTION |
72 Catholic University Law Review 249 (Spring, 2023) |
The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for decolonization of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment... |
2023 |
Most Relevant |
| Joseph Pace |
CAN PRIVATE EMPLOYEES BE FIRED FOR OUT-OF-OFFICE POLITICAL SPEECH? |
95-JUN New York State Bar Journal 28 (May/June, 2023) |
Consider a few hypotheticals: A shop clerk attends a Proud Boys rally and gets doxxed by activists who discover his place of work and demand he be terminated. Soon, a Twitter campaign emerges calling for a boycott until the demand is acceded to. The owner gives in and fires the clerk. A food server attends a Black Lives Matter rally and gives a... |
2023 |
Most Relevant |
| Pamela Wolf, J.D. |
DISCRIMINATION-RACE-D. MASS.: WHOLE FOODS EMPLOYEES FIRED UNDER DRESS CODE FOR WEARING 'BLACK LIVES MATTER' MASKS FAILED TO SHOW PRETEXT |
Wolters Kluwer Employment Law Daily (1/25/2023) |
At most, the record showed a series of arguably ill-advised business decisions by the employer in light of the employees' dress code violations and the message they sought to display. Whole Foods Market, Inc., was entitled to summary judgment on the Title VII retaliation claims of three employees who were terminated for wearing Black Lives Matter... |
2023 |
Most Relevant |
| Christine Cimini, Doug Smith |
MODALITIES OF SOCIAL CHANGE LAWYERING |
26 Lewis & Clark Law Review 1035 (2023) |
The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual... |
2023 |
Most Relevant |
| Leilani Stacy |
THE MOVEMENT FOR BLACK LIVES: A CASE STUDY OF CONSTITUTIONAL UNDERSTANDINGS OF QUALIFIED IMMUNITY AND THE ARGUMENT FOR A LEGISLATED CONSTITUTION |
32 Southern California Review of Law & Social Justice 201 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 202 II. A BRIEF HISTORY OF QUALIFIED IMMUNITY JURISPRUDENCE AND RECENT CALLS FOR ITS END. 205 III. AN OVERVIEW OF BLM AS A SOCIAL MOVEMENT AND POSITION ON QUALIFIED IMMUNITY. 209 IV. EXISTING THEORIES OF SOCIAL MOVEMENTS' INFLUENCE ON THE CONSTITUTION. 213 A. Frameworks to Help Guide an Understanding of the... |
2023 |
Most Relevant |
| Mackenzie Boyer |
"I CAN'T BREATHE": HOW RECORDING THE POLICE CAN SAVE A LIFE AND THE JUSTICE SYSTEM |
29 Widener Law Review 241 (2023) |
9 minutes, and 29 seconds--the excruciating length of time during which George Floyd cried out I can't breathe twenty-eight times as he was slowly dying at the hands, or knees rather, of law enforcement. I can't breathe-- George Floyd's last three words, each cry for help more faint than the last, as he gradually lost consciousness, and... |
2023 |
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| Jackson Whetsel, Esq. |
(UN)CONSTITUTIONAL CARRY: HOW DRUG AND GUN LAWS CONSPIRE IN STAND YOUR GROUND STATES TO CREATE A DISARMED, SUBMISSIVE CLASS BASED ON RACE |
53 University of Memphis Law Review 571 (Spring, 2023) |
Introduction. 572 I. Tennessee's Form of Constitutional Carry. 577 A. The Tennessee Law Creates an Exception to an Existing Prohibition. 578 B. The Tennessee Law Does Not Remove Any Existing Firearm Prohibitions. 580 C. The Tennessee Law Applies to The Intent to Go Armed. 584 II. How Did We Get Here? DC v. Heller and the Constitutional Basis... |
2023 |
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| Mark A. Rothstein, Charles B. Craver, L. Camille Hébert, Orly Lobel, S. Elizabeth Malloy, Marcia L. McCormick, Sandra F. Sperino, Rafael Gely, Susan E. Cancelosi, D. Wendy Greene |
§ 5:11. Freedom of expression |
EMPLOYLAW § 5:11 (2023) |
Employers have long been interested in regulating what employees say, where they say it, and to whom they say it. Where there is a legitimate basis for the employers' concerns, such as trade secret disclosures, the law has sanctioned employer regulation of employee expression. Where the employers' interests are less direct, however, the law has... |
2023 |
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§ 5104 Facts Judicially Noticeable; Indisputability |
FPP § 5104 (2023) |
Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... |
2023 |
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§ 9:1. Artists, art practice and the art community |
ARTARCHLAW § 9:1 (2023) |
Artists are subject to the demands of [their] imagination." This Chapter on Artist Rights was written in the 1990s and updated in parts during the last twenty years. In those two decades |
2023 |
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¶ 233.10 IN GENERAL |
Employment Practices Guide 3338804 (2023) |
An African-American employee's race bias claim failed because he did not establish a prima facie case; the evidence clearly indicated that he was not qualified for the position and he failed to accurately answer questions during his interview. Prescott v Higgins (1stCir 2008) 91 EPD ¶ 43,301 A Black teacher was unable to show that he had been... |
2023 |
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¶ 33,041 STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) |
NLRB Case Handling Manual (CCH) P 33041 (2023) |
In memorandum GC 21-08, issued September 29, 2021, NLRB General Counsel Jennifer Abruzzo provides updated guidance on her prosecutorial position that certain student athletes are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. Although her memo is directed to Regional Directors,... |
2023 |
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¶ 47,178 SAVANNAH KINZER, HALEY EVANS, AND CHRISTOPHER MICHNO, PLAINTIFFS V WHOLE FOODS MARKET, INC., DEFENDANT. |
Employment Practices Guide 233.10 (2023) |
Savannah Kinzer, Haley Evans, and Christopher Michno, Plaintiffs v Whole Foods Market, Inc., Defendant. 107 EPD ¶ 47,178. U.S. District Court, D. Massachusetts. Civil Action No. 20-cv-11358-ADB. 2023 US Dist LEXIS 11311. January 23, 2023. Burroughs, District Judge: Savannah Kinzer (Kinzer), Haley Evans (Evans), and Christopher Michno (Michno,... |
2023 |
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¶ 47,204 DAVID LEFFLER, PLAINTIFF V ANN & ROBERT H. LURIE CHILDREN'S HOSPITAL OF CHICAGO, DEFENDANT. |
Employment Practices Guide 47178 (2023) |
Race discrimination Sexual orientation discrimination Employee displayed offensive political decals Dismissing a white heterosexual maintenance engineers Title VII claims alleging his hospital employer discriminated against him through its choice to take [a] position in support of a specific race (African American) over others by permitting... |
2023 |
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| Alexandra Darraby |
A CONSTITUTIONAL RESET ON CONFEDERATE MONUMENTS, CIVIL RIGHTS AND CULTURAL ICONS: HOW NAMING RIGHTS, TRADEMARKS, AND PUBLIC STATUARY SHAPE SOCIAL JUSTICE |
39-SPG Entertainment and Sports Lawyer 55 (Spring, 2023) |
This is written to memorialize the names of Ahmaud Arbery, Breonna Taylor, George Floyd, Homer Plessy, Linda Brown, and Rosa Parks who stood--and sat--and died for equal justice--and the many others, named and unnamed. The author was in Brunswick during the Arbery shooting, attended the Town Halls convened by the Mayor of Brunswick and provided... |
2023 |
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| Aya Gruber |
A TALE OF TWO ME TOOS |
2023 University of Illinois Law Review 1675 (2023) |
What is #MeToo's legacy? The conventional account currently being indelibly forged into our collective memory is that #MeToo was an unconditional progressive victory. It was a reckoning of the disempowered against the powerful that profoundly challenged sexist culture. This Article complicates and even counters that narrative by shining a light on... |
2023 |
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| Madeline Johl |
ACTIVISM OR DOMESTIC TERRORISM? HOW THE TERRORISM ENHANCEMENT IS USED TO PUNISH ACTS OF POLITICAL PROTEST |
50 Fordham Urban Law Journal 465 (March, 2023) |
Introduction. 466 I. Political Origins of the Terrorism Enhancement. 470 A. Enactment of the Terrorism Enhancement. 471 B. The Role of the Sentencing Judge. 474 C. Expansion of the Terrorism Enhancement's Scope. 476 II. The Terrorism Enhancement in Use. 480 A. Issues of Scope: A Politicized Sanction's Use (and Misuse). 480 1. Overly Broad... |
2023 |
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| Caroline L. Ferguson |
ACTUALIZING JUSTICE: PRIVATE PROSECUTION REGIMES FOR MODERN SOCIAL MOVEMENTS |
56 Columbia Journal of Law and Social Problems 557 (Summer, 2023) |
The modern state enjoys a near monopoly over the prosecutorial system. Public officials, including local district attorneys, state attorneys general, and career prosecutors, enjoy enormous discretionary powers to decide who to charge, to determine what charges to bring, to make particular bail recommendations, to set the terms of plea bargains, and... |
2023 |
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| Neena Albarus |
AN OVERVIEW OF THE ONGOING LEGACIES OF COLONIALISM IN CONTEMPORARY LEGAL SYSTEMS IN THE BLACK DIASPORA |
23 Berkeley Journal of African-American Law & Policy 15 (2023) |
This perspective paper explores the ongoing legacies of colonialism in contemporary legal systems and policies in the Black Diaspora. Drawing on examples from Africa, the Caribbean, Latin America and the United States, this paper argues that colonial legal systems and policies continue to shape the legal and political landscape of these regions,... |
2023 |
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| Danny Y. Li |
ANTISUBORDINATING THE SECOND AMENDMENT |
132 Yale Law Journal 1821 (April, 2023) |
After over a decade of silence, and fourteen years since its landmark decision in District of Columbia v. Heller, the Supreme Court has fundamentally expanded and reshaped Second Amendment protection once again in New York State Rifle & Pistol Ass'n v. Bruen. In light of the Court's decision in Bruen--and the role of race-based arguments in its... |
2023 |
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