AuthorTitleCitationSummaryYearKey Terms
Mary D. Fan DEMOCRATIZING PROOF: POOLING PUBLIC AND POLICE BODY-CAMERA VIDEOS 96 North Carolina Law Review 1639 (June, 2018) There are two cultural revolutions in recording the police. From the vantage of police departments, there is the rapidly spreading uptake of police-worn body cameras. On the public side, community members are increasingly using their cell phone cameras to record the police. Together, these dual recording revolutions are generating important new... 2018  
Barbara Bezdek DIGGING INTO DEMOCRACY: REFLECTIONS ON CED AND SOCIAL CHANGE LAWYERING AFTER #OWS 77 Maryland Law Review Endnotes 16 (February 1, 2018) Imagine your city free of poverty, racism, violence. Now consider, how does the law you teach or practice bring that vision closer to reality? I ask myself this question, in response to a key flexion point in Professor Haber's article, CED After #OWS, which urges Community Economic Development (CED) lawyers to assess how tame the social justice... 2018  
Tyler Quinn Yeargain DISCRETION versus SUPERSESSION: CALIBRATING THE POWER BALANCE BETWEEN LOCAL PROSECUTORS AND STATE OFFICIALS 68 Emory Law Journal 95 (2018) Driven by shifts in public opinion, reform-minded prosecutors recently have unseated tough-on-crime incumbent prosecutors in local elections all across the United States. As these reformers institute more liberal prosecution policies, the tough-on-crime legal establishment in their states will be tempted to rely on laws allowing state officials... 2018  
Jason McCloskey DISCRIMINATORYBNB: A DISCUSSION OF AIRBNB'S RACE PROBLEM, ITS NEW ANTI-DISCRIMINATION POLICIES, AND THE NEED FOR EXTERNAL REGULATION 57 Washington University Journal of Law & Policy 203 (2018) Early in 2017, Airbnb capitalized on President Trump's much contested executive order instituting a travel ban from specific Muslim nations with an advertisement during Super Bowl LI entitled #WeAccept. Though some noticed the advertisement's implicit irony, given Airbnb's struggles with discrimination, it is important that the millions of other... 2018  
Erin A. Penrod DISENFRANCHISEMENT 2.0: RECENT VOTER ID LAWS AND THE IMPLICATIONS THEREOF 14 University of Saint Thomas Law Journal 207 (Spring, 2018) Black lives don't matter and neither do[ ] your votes--graffiti found in Durham, North Carolina on November 9, 2016, the day after Donald Trump was elected as the 45th President of the United States. Disguised as a necessary measure to protect the integrity of elections and to avoid voter fraud, the latest form of voter suppression is requiring a... 2018  
Carol Goforth DIVERSITY IN LAW SCHOOL FACULTY HIRING: WHY IT IS A MISTAKE TO MAKE IT ALL ABOUT RACE 56 University of Louisville Law Review 237 (2018) It is depressing to realize that we continue to live in a society where people are too often judged by the color of their skin rather than the content of their character. Despite widespread acknowledgment by most citizens that race alone is not an appropriate basis on which to judge individuals, progress in achieving a society where race, in and of... 2018  
Dr. Julian Vasquez Heilig , Dr. Steven Nelson , Matt Kronzer DOES THE AFRICAN AMERICAN NEED SEPARATE CHARTER SCHOOLS? 36 Law & Inequality: A Journal of Theory and Practice 247 (Summer, 2018) In Does the Negro Need Separate Schools?, W.E. Burghardt Du Bois asked if separate schools and institutions [were] needed for the proper education of African Americans. The existing system of public education in the United States includes some places that are excelling and some that are struggling. Overall, the United States performs in the... 2018  
Craig Ettinger DOES THE HISTORY BEHIND THE ADOPTION OF THE FOURTH AMENDMENT DEMAND ABOLISHING THE THIRD-PARTY DOCTRINE? 29 George Mason University Civil Rights Law Journal 1 (Fall, 2018) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Fourth... 2018  
Sabrina G. Singer EMBRACING FEDERALISM IN SPECIAL PROSECUTION MODELS: AN ANALYSIS OF EXPERIMENTATION IN THE STATES 51 Columbia Journal of Law and Social Problems 431 (Spring, 2018) The main project of this Note is to use the example of police officer-involved deaths of unarmed civilians to craft and apply different special prosecution models. In Part II, this Note starts from the proposition that a special prosecutor should supersede the local prosecutor to investigate and prosecute certain cases, such as the police-involved... 2018  
Valeria Vegh Weis EMERGENCIES BLIND REASON: WHEN "FAST ON CRIME" UNDERMINES "SMART ON CRIME" 57 Washburn Law Journal 337 (Spring, 2018) Throughout the first year since Donald Trump's election, a key element of his mandate has been calling for emergencies threatening the core values of the nation. The purpose of the article is to analyze Trump's emergency-based approach to criminal problems, its potentially negative effects in terms of encouraging ill and warlike criminal... 2018  
Bill Piat ENTRADA: SLAVERY, RELIGION AND RECONCILIATION 13 Intercultural Human Rights Law Review 1 (2018) Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the peaceful re-conquest of the Indigenous people by the Spanish colonizers. Controversy has... 2018  
Aya Gruber EQUAL PROTECTION UNDER THE CARCERAL STATE 112 Northwestern University Law Review 1337 (2018) Abstract--McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan's phrase, a fear of too much justice. The popular interpretation of this phrase is that the Supreme Court harbored what I call a disparity-claim fear, dreading a future... 2018  
Susan D. Carle ETHICS AND THE HISTORY OF SOCIAL MOVEMENT LAWYERING 2018 Wisconsin Law Review Forward 12 (2018) Introduction. 12 I. Old Canon Lawyering. 13 II. New Canon Lawyering. 20 Conclusion. 25 2018  
Bennett Capers EVIDENCE WITHOUT RULES 94 Notre Dame Law Review 867 (December, 2018) Much of what we tell ourselves about the Rules of Evidence--that they serve as an all-seeing gatekeeper, checking evidence for relevance and trustworthiness, screening it for unfair prejudice--is simply wrong. In courtrooms every day, fact finders rely on evidence--for example, a style of dress, the presence of family members in the gallery, and... 2018  
Katelyn Rowe EXAMINING THE VALUE-ADD OF NON-ADVERSARIAL PROCESSES IN THE IMMEDIATE AFTERMATH OF POLICE SHOOTINGS 27 Boston University Public Interest Law Journal 133 (Winter, 2018) I. Introduction. 134 II. Criticisms of Adversarial Processes. 136 III. The Potential Value-Add of Non-Adversarial Processes. 139 A. Community Policing as a Non-Adversarial Process. 141 B. Procedural Justice as a Non-Adversarial Process. 143 C. Building Police-Community Partnerships as a Non-Adversarial Process. 145 D. Current Lack of Literature on... 2018  
Gemma Donofrio EXPLORING THE ROLE OF LAWYERS IN SUPPORTING THE REPRODUCTIVE JUSTICE MOVEMENT 42 New York University Review of Law and Social Change 221 (2018) Reproductive freedoms have been under attack in the United States for centuries. The ability to decide whether to have children, and the capacity to adequately provide for those children, has been severely constrained in law and in practice, particularly for women of color, low-income women, and queer individuals. The reproductive rights movement... 2018  
Danielle Keats Citron EXTREMIST SPEECH, COMPELLED CONFORMITY, AND CENSORSHIP CREEP 93 Notre Dame Law Review 1035 (January, 2018) Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, the dominant tech companies have pledged to respond to reports of hate speech within... 2018  
  False Arrest 35 Law Enforcement Employment Bulletin 3 (June 1, 2018) Citation: Pinto v. City of New York, 2018 WL 1468348 (2d Cir. 2018) The Second U.S. Circuit has jurisdiction over Connecticut, New York, and Vermont. Officer Joseph Diaz observed Carlene Pinto, who was participating in a Black Lives Matter demonstration at New Yorks Union Square along with 200 to 500 others, standing or walking into the street... 2018  
Chase T. Karpus FIFTEEN MINUTES OF SHAME: SOCIAL MEDIA AND 21ST CENTURY ENVIRONMENTAL ACTIVISM 29 Villanova Environmental Law Journal 101 (2018) As we progress through the vast technological advances that have allowed us as a people to become more interconnected than ever, one thing has become abundantly clear: social media is here to stay. Statista, a data collection company, revealed that the number of worldwide social media users has grown from 970 million users in 2010 to 2.28 billion... 2018  
AbK. Wood , Ann M. Ravel FOOL ME ONCE: REGULATING "FAKE NEWS" AND OTHER ONLINE ADVERTISING 91 Southern California Law Review 1223 (September, 2018) A lack of transparency for online political advertising has long been a problem in American political campaigns. Disinformation attacks that American voters have experienced since the 2016 campaign have made the need for regulatory action more pressing. Internet platforms prefer self-regulation and have only recently come around to supporting... 2018  
Sonja Arndt, Editor-in-Chief, Volume 29 FOREWORD 29 Hastings Women's Law Journal 149 (Summer, 2018) No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens. - Michelle Obama Hastings Women's Law Journal (HWLJ) is committed to providing a platform for underrepresented communities to be heard within the legal field. From shining light on women who are shackled... 2018  
Farah Peterson FOREWORD 104 Virginia Law Review Online 1 (January, 2018) On August 11 and 12, 2017, neo-Nazis and Klansmen came to Charlottesville to hold a rally meant to assert themselves as a force in American society. That event, and the President's reaction to it, raised the disturbing possibility that for the first time in more than fifty years, white supremacy could be a matter of debate at the highest levels of... 2018  
Jennifer Gerarda Brown FOUR QUESTIONS ABOUT FREE SPEECH AND CAMPUS CONFLICT 2018 Journal of Dispute Resolution 45 (Spring, 2018) As I ponder the issues raised by free speech conflicts on university campuses and the difficult balance that must be achieved between the preservation of a respectful learning community and free and open discourse (especially when that discourse includes ideas that are racist, sexist, homophobic, Islamophobic, anti-Semitic, or otherwise hateful), I... 2018  
Rebecca Laitman FOURTH AMENDMENT FLAGRANCY: WHAT IT IS, AND WHAT IT IS NOT 45 Fordham Urban Law Journal 799 (April, 2018) Introduction. 800 I. A Failure to Define Flagrancy. 802 A. Exclusionary Rule Jurisprudence. 803 1. Culpability Limitation: Good Faith. 804 2. Causation Limitation: Independent Source. 806 3. Causation Limitation: Inevitable Discovery. 807 4. Causation Limitation: Attenuation. 808 B. A Prelude to Strieff: The Problems Caused by the Herring Opinion.... 2018  
Lisa P. Ramsey FREE SPEECH CHALLENGES TO TRADEMARK LAW AFTER MATAL v. TAM 56 Houston Law Review 401 (Symposium, 2018) Trademark laws and free speech are on a collision course. In Matal v. Tam, the U.S. Supreme Court clarified that trademark laws are speech regulations subject to First Amendment scrutiny when it held that the federal trademark law denying registration to potentially disparaging marks was unconstitutional. Tam opens the door to wide-ranging free... 2018  
Elisabeth E. Constantino FREE SPEECH, PUBLIC SAFETY, & CONTROVERSIAL SPEAKERS: BALANCING UNIVERSITIES' DUAL ROLES AFTER CHARLOTTESVILLE 92 Saint John's Law Review 637 (Fall, 2018) On a humid night in August, 2017, self-proclaimed members of the alt-right gathered in Emancipation Park in Charlottesville, Virginia. Invoking Nazi imagery through clothing and chants, protestors entered the University of Virginia campus. Wielding weapons, marchers pelted protestors with water bottles, chemicals, tear gas, rocks, and hurled... 2018  
Arielle W. Tolman, David M. Shapiro FROM CITY COUNCIL TO THE STREETS: PROTESTING POLICE MISCONDUCT AFTER LOZMAN v. CITY OF RIVIERA BEACH 13 Charleston Law Review 49 (Fall, 2018) In June 2018, in Lozman v. City of Riviera Beach, the Supreme Court held 8-1 that the existence of probable cause for arrest does not categorically bar a First Amendment claim for damages. At issue in the case was the City of Riviera Beach's arrest of resident Fane Lozman as he spoke against public corruption during a city council meeting. In this... 2018  
Christopher J. Tyson FROM FERGUSON TO FLINT: IN SEARCH OF AN ANTISUBORDINATION PRINCIPLE FOR LOCAL GOVERNMENT LAW 34 Harvard Journal on Racial & Ethnic Justice 1 (Spring, 2018) Abstract. 1 Introduction. 2 I. The City vs. The Citizens. 7 A. Ferguson, Missouri. 7 B. Flint, Michigan. 16 II. Localism and Antisubordination. 22 III. Antisubordination in Local Government Law. 30 A. Land Use and Housing. 30 B. Metropolitan Organization. 37 C. Anti-Discrimination. 39 D. Participatory Democracy. 41 E. Federal Civil Rights. 46 IV.... 2018  
Svana M. Calabro FROM THE MESSAGE BOARD TO THE FRONT DOOR: ADDRESSING THE OFFLINE CONSEQUENCES OF RACE- AND GENDER-BASED DOXXING AND SWATTING 51 Suffolk University Law Review 55 (2018) If you've never been on the receiving end of a viral Internet hate mob, it's hard to convey the confluence of galloping adrenaline and roaring dread. At ten o'clock on a Sunday night, while her children were in bed, flashing police lights suddenly flooded Congresswoman Katherine Clark's home. Clark looked outside and saw police cruisers... 2018  
William Rhee , Stephen C. Scott GEOGRAPHIC DISCRIMINATION: OF PLACE, SPACE, HILLBILLIES, AND HOME 121 West Virginia Law Review 531 (Winter 2018) Abstract. 533 I. Introduction. 534 II. Basic Human Capabilities at Home. 538 A. The Capabilities Approach. 538 B. Central Capabilities Need Place and Space. 540 1. A Home of One's Own. 541 2. A Job of One's Own. 544 3. A School of One's Own. 545 III. Politically Incorrect Locational Prejudice. 545 A. An Intersectional or Multidimensional Concept.... 2018  
John Bowden GOP lawmaker tweets out reporter's cell number over emailed question 2018 The Hill 4183430 (September 1, 2018) A Republican congressman from Iowa tweeted a screenshot of an email sent by a journalist for The Associated Press on Friday that appeared to contain the journalist's cell phone number. 2018  
Rachel Levinson-Waldman GOVERNMENT ACCESS TO AND MANIPULATION OF SOCIAL MEDIA: LEGAL AND POLICY CHALLENGES 61 Howard Law Journal 523 (Spring, 2018) INTRODUCTION. 523 I. LAW ENFORCEMENT MONITORING OF PUBLICLY AVAILABLE SOCIAL MEDIA. 525 A. Following Individuals, Groups, or Affiliations. 526 1. Technology and Case Studies. 526 2. Constitutional and Policy Considerations. 531 a. Fourth, First, and Fourteenth Amendment. 532 B. Using an Informant, a Friend of the Target, or an Undercover Account to... 2018  
Stephanie H. Jones GREATER THAN THE SUM OF ITS PARTS: THE INTEGRATION OF ENVIRONMENTAL JUSTICE ADVOCACY AND ECONOMIC POLICY ANALYSIS 26 New York University Environmental Law Journal 402 (2018) Introduction. 403 I. Development of the Role of Cost-Benefit Analysis in Environmental Policymaking. 405 A. Overview of Cost-Benefit Analysis Methodology. 405 B. Development of the Role of Cost-Benefit Analysis in U.S. Regulatory Policymaking. 408 C. Development of Cost-Benefit Analysis with Respect to Environmental Policy Specifically. 410 II. The... 2018  
Mary N. Beall GUTTING THE FOURTH AMENDMENT: JUDICIAL COMPLICITY IN RACIAL PROFILING AND THE REAL-LIFE IMPLICATIONS 36 Law & Inequality: A Journal of Theory and Practice 145 (Winter, 2018) Thirteen years, eleven months, twenty-two days, and approximately forty-six police stops filled the time between Philando Castile's first and final traffic stop. The majority of Mr. Castile's interactions with Minnesota's law enforcement officers were initiated pursuant to minor traffic infractions and only six stop records detailed traffic... 2018  
Katherine J. King HELLER AS POPULAR CONSTITUTIONALISM? THE OVERLOOKED NARRATIVE OF ARMED BLACK SELF-DEFENSE 20 University of Pennsylvania Journal of Constitutional Law 1237 (May, 2018) On July 6, 2016, Diamond Lavish Reynolds live streamed a video on Facebook that was seen by millions of people in the days that followed. This video depicts the final moments of Philando Castile, Reynolds' thirty-two-year-old, black boyfriend, who had just been shot by Jeronimo Yanez, a Saint Anthony, Minnesota police officer. Viewers observe... 2018  
Monica C. Bell HIDDEN LAWS OF THE TIME OF FERGUSON 132 Harvard Law Review Forum 1 (October, 2018) Every society is really governed by hidden laws, by unspoken but profound assumptions on the part of the people, and ours is no exception. It is up to the American writer to find out what these laws and assumptions are. In a society much given to smashing taboos without thereby managing to be liberated from them, it will be no easy matter. --James... 2018  
Bruce A. Kimball , Daniel R. Coquillette HISTORY AND HARVARD LAW SCHOOL 87 Fordham Law Review 883 (December, 2018) In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an... 2018  
Nazgol Ghandnoosh , The Sentencing Project, Washington, DC, 202-628-0871, Email nghandnoosh@sentencingproject.org, Website www.sentencingproject.org HOW DEFENSE ATTORNEYS CAN ELIMINATE RACIAL DISPARITIES IN CRIMINAL JUSTICE 42-JUN Champion 36 (June, 2018) Why did Judge Aaron Persky not sentence Stanford University student-athlete Brock Turner to longer than six months in jail for sexually assaulting an unconscious woman? Why was Texas teenager Ethan Couch, characterized as suffering from affluenza sentenced to only probation for a drunk driving accident that killed four people? Why was Dylann... 2018  
Jesus A. Alonso HOW POLICE CULTURE AFFECTS THE WAY POLICE DEPARTMENTS VIEW AND UTILIZE DEADLY FORCE POLICIES UNDER THE FOURTH AMENDMENT 60 Arizona Law Review 987 (2018) Police are an important part of our criminal justice system. When people begin to lose faith and trust in the police, chaos inevitably erupts. Although we are not at a breaking point yet, recent controversies and examinations of police departments have found that there are disparities in police use-of-force strategies that allow some police... 2018  
Ryan M. Walters HOW TO TELL A FAKE: FIGHTING BACK AGAINST FAKE NEWS ON THE FRONT LINES OF SOCIAL MEDIA 23 Texas Review of Law and Politics 111 (Fall, 2018) In the span of a few years, fake news slithered out from the recesses of the web to ultimately become one of the greatest threats to civil political discourse. This digital menace has capitalized on the consumer shift to online news consumption--in particular, the increasing trend of news consumers migrating to social media sites. However, the... 2018  
Engy Abdelkader HUMANITARIAN ISLAM 30 Pace International Law Review 175 (Spring, 2018) In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the... 2018  
Kit Kinports ILLEGAL PREDICATE SEARCHES AND TAINTED WARRANTS AFTER HEIEN AND STRIEFF 92 Tulane Law Review 837 (April, 2018) A long-standing debate has surrounded the relationship between two features of the Fourth Amendment's exclusionary rule--the fruits of the poisonous tree doctrine and the good-faith exception--in cases where the evidence used to secure a search warrant was obtained in violation of the defendant's constitutional rights. Some judges and scholars... 2018  
Andrew Guthrie Ferguson ILLUMINATING BLACK DATA POLICING 15 Ohio State Journal of Criminal Law 503 (Spring, 2018) The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. Police departments across the United States--like the civilian population--will learn to adapt to ever-shifting technological innovations and efficiencies. The question of adoption is not... 2018  
Michael Burke Incoming Dem challenges party to make 'lasting, transformative change' 2018 The Hill 6511044 (December 11, 2018) Rep.-elect Ayanna Pressley (D-Mass.) on Tuesday said Democrats' midterm victories in House races altered the course of history, but she also challenged Democrats not to simply be content with those victories." 2018  
Tom C.W. Lin INCORPORATING SOCIAL ACTIVISM 98 Boston University Law Review 1535 (December, 2018) Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... 2018  
Lisa Borders INSPIRING AND EMPOWERING WOMEN: THE WNBA LEADING THE WAY INTO THE 21ST CENTURY 28 Journal of Legal Aspects of Sport 121 (2018) Atlanta, April 1968. No sound but the clop-clop of two mules along Auburn Avenue at Young Street as they pulled the wagon that carried the casket of Martin Luther King Jr. There I stood, 10 years old, next to my grandfather in a sea of people flooding the four-mile procession. We were dressed in our Sunday's best while others donned denim overalls,... 2018  
Gregory DeAngelo , R Kaj Gittings , Anita Alves Pena INTERRACIAL FACE-TO-FACE CRIMES AND THE SOCIOECONOMICS OF NEIGHBORHOODS: EVIDENCE FROM POLICING RECORDS 56 International Review of Law & Economics 1 (December, 2018) Article history: Received 4 May 2018 Accepted 8 May 2018 Available online 22 May 2018 JEL classification: K4 J1 R3 I3 Keywords: Victimization Inequality Race Ethnicity and social distance Using a novel data set comprising the universe of reported crimes to the Los Angeles Police Department from 2000 to 2007, we examine race victimization patterns... 2018  
William Baude IS QUALIFIED IMMUNITY UNLAWFUL? 106 California Law Review 45 (February, 2018) The doctrine of qualified immunity operates as an unwritten defense to civil rights lawsuits brought under 42 U.S.C. ยง 1983. It prevents plaintiffs from recovering damages for violations of their constitutional rights unless a government official violated clearly established law, which usually requires specific precedent on point. This Article... 2018  
Lisa A. Crooms-Robinson IS THE THIRD TIME THE CHARM? RECONSTRUCTING PERSONHOOD AND REIMAGINING "WE THE PEOPLE" 43 Human Rights 2 (2018) We the people. These three words announce the formation of the Constitution's more perfect union. Seven years with the Articles of Confederation made it clear that the Union would benefit from a different balance between enumerated federal powers, state sovereignty, and individual liberties. To this end, we the people committed themselves to... 2018  
Aaron Hadlow IS THIS NECESSARY: AN ANALYSIS OF THE COURT'S RELAXED APPLICATION OF ANDERSON IN PETERS v. JOHNS 83 Missouri Law Review 171 (Winter, 2018) In recent years, policing tactics have undergone increased public scrutiny as Black Lives Matter and other social activists have called attention to incidents where police officers have used lethal force. Reports, such as the United States Department of Justice's Investigation of the Ferguson Police Department, have revealed deeply systemic... 2018  
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