AuthorTitleCitationSummaryYearKey Terms
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. § 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  
John S. Ehrett KINGDOMS IN CONFLICT: CONSERVATIVE CHURCHES IN COURT, 2003-2018 9 Houston Law Review: Off the Record 7 (Fall, 2018) C1-3Table of Contents I. Introduction. 8 II. Why Amicus Briefs?. 9 III. Choosing Churches. 9 A. Lutheran Church--Missouri Synod. 10 B. United States Conference of Catholic Bishops. 11 C. Southern Baptist Convention. 11 D. Church of Jesus Christ of Latter-day Saints. 11 IV. Data and Methods. 12 V. Findings. 12 A. Case Categories. 12 B. Activation By... 2018  
Scott L. Cummings LAW AND SOCIAL MOVEMENTS: REIMAGINING THE PROGRESSIVE CANON 2018 Wisconsin Law Review 441 (2018) Introduction. 441 I. The Old Canon. 442 II. Toward A New Canon. 451 A. When a Lawsuit Sparks a Movement: The Antisweatshop Campaign. 452 B. Challenging Executive Overreach: Litigating Human Rights in the War on Terror. 460 C. Backlash Avoidance: The March Toward Marriage Equality. 470 D. Contesting Illegal Status: Immigrant Rights under Siege. 478... 2018  
Bill Quigley LAWYERS AND CIVIL DISOBEDIENCE 35 GPSolo 12 (May/June, 2018) Civil disobedience is as American as apple pie. Our nation has a long and rich history of thousands of principled political protest actions that violated the law in the name of justice. Our country was founded on a series of acts of civil disobedience. From its very foundation through the movements of people who opposed slavery, supported women's... 2018  
Macklin W. Thornton LAYING SIEGE TO THE IVORY TOWER: RESOURCE ALLOCATION IN RESPONSE TO THE HECKLER'S VETO ON UNIVERSITY CAMPUSES 55 San Diego Law Review 673 (Summer, 2018) C1-3Table of Contents I. Introduction. 674 II. Background and Context. 679 A. Historical Context: The 1960s Free Speech Movement, 2011 Campus Occupy Movement, and University Free Speech Narrative. 680 B. Current Context: Events, Players, and Conflict. 683 III. Universities Must Protect Controversial Speakers Confronted by Hostile Protesters. 687 A.... 2018  
Lindsey Webb LEGAL CONSCIOUSNESS AS RACE CONSCIOUSNESS: EXPANSION OF THE FOURTH AMENDMENT SEIZURE ANALYSIS THROUGH OBJECTIVE KNOWLEDGE OF POLICE IMPUNITY 48 Seton Hall Law Review 403 (2018) Encounters between police officers and members of the community are deeply influenced by race. Yet when courts assess whether police officers have complied with the Fourth Amendment, they explicitly exclude consideration of the ways in which racial bias, assumptions, and fear influence police-civilian interactions. In determining whether law... 2018  
Kelly Oeltjenbruns LEGAL DEFIANCE: GOVERNMENT-SANCTIONED GRAFFITI WALLS AND THE FIRST AMENDMENT 95 Washington University Law Review 1479 (2018) The caricature face of Maine Governor Paul LePage, wearing a Ku Klux Klan hood and surrounded by the words homophobe, moron, and racist greeted every passerby of the Portland Water District (PWD) in Portland, Maine on September 6, 2016. The image sparked a controversial exchange between local government entities, a rarity since the City of Portland... 2018  
Stephanie Johnson LEGAL LIMBO: THE FIFTH CIRCUIT'S DECISION IN TURNER v. DRIVER FAILS TO CLARIFY THE CONTOURS OF THE PUBLIC'S FIRST AMENDMENT RIGHT TO RECORD THE POLICE 59 Boston College Law Review E-Supplement 245 (April 11, 2018) Abstract: On February 16, 2017, the U.S. Court of Appeals for the Fifth Circuit, in Turner v. Driver, held that the public has a First Amendment right to record the police that is subject only to reasonable time, place, and manner restrictions. Although Turner established that the public has a First Amendment right to film the police, the decision... 2018  
Megan Quattlebaum LET'S GET REAL: BEHAVIORAL REALISM, IMPLICIT BIAS, AND THE REASONABLE POLICE OFFICER 14 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2018) Constitutional law is not particularly sophisticated about bias, and so it is not very good at protecting people from it. This is nowhere more evident than in the Supreme Court's jurisprudence around racial profiling. The Supreme Court has conceptualized racial profiling as something only bad police officers do; it has equated bad stops with bad... 2018  
Ingrid V. Eagly, Joanna C. Schwartz LEXIPOL: THE PRIVATIZATION OF POLICE POLICYMAKING 96 Texas Law Review 891 (April, 2018) This Article is the first to identify and analyze the growing practice of privatized police policymaking. In it, we present our findings from public records requests that reveal the central role played by a limited liability corporation--Lexipol LLC--in the creation of internal regulations for law enforcement agencies across the United States.... 2018  
Wadie E. Said LIMITLESS DISCRETION IN THE WARS ON DRUGS AND TERROR 89 University of Colorado Law Review 93 (Winter, 2018) The wars on terror and drugs have been defined, largely, by what they lack: a readily identifiable opponent, a clear end goal, a timeline, and geographical boundaries. Based on that understanding, this Article discusses the increasingly expansive discretion of American authorities to prosecute individuals where the wars on terror and drugs... 2018  
Pamela Wolf, J.D. LITIGATION NEWS, TRENDS-EMPLOYEE SUES EMPLOYER FOR FORCED RESIGNATION AFTER FLIP-OFF OF TRUMP WENT VIRAL 2018 Wolters Kluwer Employment Law Daily 1633368 (April 5, 2018) A former employee has filed a lawsuit asserting that her employer, Akima, LLC, forced her to resign after an image of the employee flipping off President Trump's motorcade went viral. Akima, a government contractor in Herndon, Virginia, purportedly did not want to be associated with opposition to the President. The plaintiff contends that her... 2018  
Katherine A. Macfarlane LOS ANGELES v. MENDEZ: PROXIMATE CAUSE PROMISE FOR POLICE SHOOTING VICTIMS 118 Columbia Law Review Online 48 (February 5, 2018) County of Los Angeles v. Mendez, the Supreme Court's recent decision rejecting shooting victims' excessive force claims, has been written off as yet another case in which police violence has no civil rights consequences. The Court found that the deputies who shot Jennifer Garcia and Angel Mendez fifteen times used reasonable force because Mendez... 2018  
Timothy Zick MANAGING DISSENT 95 Washington University Law Review 1423 (2018) In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a managed speech approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse,... 2018  
  Mandela's grandson: Trump tweet about South Africa shows 'total ignorance of reality' (August 24, 2018) Nelson Mandelas grandson slammed President Trump on Thursday for arrogant tweets about South Africas land reform program 2018  
Tracey Maclin , Maria Savarese MARTIN LUTHER KING, JR. AND PRETEXT STOPS (AND ARRESTS): REFLECTIONS ON HOW FAR WE HAVE NOT COME FIFTY YEARS LATER 49 University of Memphis Law Review 43 (Fall, 2018) I. Introduction. 43 A. Pretext Stops in America. 45 B. Pretext Stops and the Fourth Amendment. 50 II. The Impact of Whren v. United States. 54 III. The Numbers Today--Driving While Black Remains a Reality. 65 A. Stanford Open Policing Project. 66 B. Department of Justice Special Reports. 68 C. Department of Justice Investigation of the Ferguson,... 2018  
Mark Conrad MATAL v. TAM--A VICTORY FOR THE SLANTS, A TOUCHDOWN FOR THE REDSKINS, BUT AN AMBIGUOUS JOURNEY FOR THE FIRST AMENDMENT AND TRADEMARK LAW 36 Cardozo Arts and Entertainment Law Journal 83 (2018) Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed immoral, deceptive, or scandalous; or those which may disparage individuals. This provision was the subject of a challenge by an Asian-American dance-rock band named The Slants after the trademark examiner refused to... 2018  
John Charles Boger MCCLESKEY v. KEMP: FIELD NOTES FROM 1977-1991 112 Northwestern University Law Review 1637 (2018) Abstract--The litigation campaign that led to McCleskey v. Kemp did not begin as an anti-death-penalty effort. It grew in soil long washed in the blood of African-Americans, lynched or executed following rude semblances of trials and hasty appeals, which had prompted the NAACP from its very founding to demand simple justice in individual criminal... 2018  
Maria R. Volpe, Bradley L. Roth MEDIATION CAPACITY BUILDING WITH LIBERIAN DIASPORA COMMUNITIES: SOME OBSERVATIONS 19 Cardozo Journal of Conflict Resolution 709 (Spring, 2018) Mediation has been a method of conflict resolution for millenia, but since the 1970s, it has become progressively more widely recognized and established as an essential component of efforts to peaceably resolve conflicts in the U.S. and many other countries. Countless mediation scholars, practitioners, trainers, and program administrators have... 2018  
Cale Jaffe MELTING THE POLARIZATION AROUND CLIMATE CHANGE POLITICS 30 Georgetown Environmental Law Review 455 (Spring, 2018) Climate change has become one of the most highly polarized political problems, but it was not always this way. As recently as 2008, leading Republicans and Democrats agreed on the implications of global warming research. This Article charts how the United States moved from a bipartisan agreement on the need to address climate change to the current... 2018  
Mae C. Quinn MISSOURI *@!!?*@! - TOO SLOW 62 Saint Louis University Law Journal 847 (Summer, 2018) Hound dogs on my trail School children sitting in jail Black cat cross my path I think every day's gonna be my last Picket lines School boycotts They try to say it's a communist plot All I want is equality For my sister my brother my people and me I don't trust you any more [All] You keep on saying [is] Go slow! But that's just the trouble Do it... 2018  
The Honorable Eric H. Holder, Jr. MLK50 SYMPOSIUM: WHERE DO WE GO FROM HERE? KEYNOTE ADDRESS 49 University of Memphis Law Review 33 (Fall, 2018) Thank you. Good afternoon, everybody. I want to thank President Rudd, Dean Letsou, and President Freeman for inviting me here today. Louise, it's always good to see you--and you bring Doug with you, of course. Thank you, Senator Doug Jones, for your kind words and warm welcome but also for your service to our country. Now as a person who has worked... 2018  
Sarah Brown , Natasha Brison MORE THAN AN ATHLETE: CONSTITUTIONAL AND CONTRACTUAL ANALYSIS OF ACTIVISM IN PROFESSIONAL SPORTS 7 Arizona State Sports & Entertainment Law Journal 249 (Spring, 2018) Athlete activism is not a new issue. Rather, athletes at all levels and sports have used their platforms to protest long before Colin Kaepernick took a knee. During the 1960s and 1970s, at the height of the Civil Rights Movement, athletes including Muhammad Ali, Bill Russell, Jim Brown, and Arthur Ashe advocated for civil rights. As the fight for... 2018  
Purvi Shah , Center for Constitutional Rights , Ellen Yaroshefsky , Published in April 2013 Bertha Social Justice Institute MOVEMENT LAWYERING READING GUIDE 47 Hofstra Law Review 99 (Fall, 2018) Angela Harris, Margaretta Lin & Jeff Selbin, From The Art of War to Being Peace: Mindfulness and Community Lawyering in a Neoliberal Age, 95 Calif. L. Rev. 2073 (2007). Assesses the value of mindfulness in legal practice. Mindfulness sets aside typical adversarial and zero-sum approaches and opens up new relationship-based possibilities in... 2018  
Bruce Zagaris and Zarine Kharazian MUELLER INDICTS 13 RUSSIAN NATIONALS WITH CRIMES RELATED TO 2016 ELECTION-MEDDLING 34 International Enforcement Law Reporter 75 (February 1 - February 28, 2018) On Friday, February 16, 2018, The DOJ Special Counsel's Office released a 37-page indictment charging the Internet Research Agency, a Russian organization, as well as thirteen Russian nationals who carried out the organization's mission in the U.S, with crimes related to meddling in the U.S. political system, including in the 2016 presidential... 2018  
Diana R. Donahoe NOT-SO-GREAT EXPECTATIONS: IMPLICIT RACIAL BIAS IN THE SUPREME COURT'S CONSENT TO SEARCH DOCTRINE 55 American Criminal Law Review 619 (Summer, 2018) The Supreme Court's creation of the social expectation doctrine in third-party consent to search cases, where it equated a police officer demanding entrance to a suspect's home with a house call from a social visitor, is emblematic of the implicit bias that pervades the United States criminal justice system. This perception of friendly officers... 2018  
Kathryn V. Ramsey ONE-STRIKE 2.0: HOW LOCAL GOVERNMENTS ARE DISTORTING A FLAWED FEDERAL EVICTION LAW 65 UCLA Law Review 1146 (June, 2018) In recent years, local governments across the country have passed crime-free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal activity, sometimes even a single arrest. CHOs are... 2018  
Elise C. Boddie ORDINARINESS AS EQUALITY 93 Indiana Law Journal 57 (Winter, 2018) This Essay argues for an equality norm of racial ordinariness. Ordinariness here refers to the state of being treated as a full, complex person and a rightful recipient of human concern. As a norm, its purpose is to focus constitutional attention on common, everyday interactions as sources of racial indignity. It also seeks to sensitize courts and... 2018  
Mitchell N. Berman OUR PRINCIPLED CONSTITUTION 166 University of Pennsylvania Law Review 1325 (May, 2018) Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we disagree about what the law is. And, most probably, we disagree about what the law is on this matter because we... 2018  
John “Longjones” Abdallah Wambere OUT, PROUD, AND AFRICAN: ONE MAN'S JOURNEY AS A GAY UGANDAN ACTIVIST 40 Western New England Law Review 495 (2018) It was an afternoon; I stood by the sink at my work place in Nairobi, Kenya, and looked in the mirror. I washed my hands, slowly rubbing in between my fingers, just as Pontius Pilate did before he handed Jesus Christ over to be crucified. With much relief, I whispered slowly to myself, John, you are gay. I took a deep breath and wiped my hands... 2018  
Philip N. Meyer PAINT A PICTURE 104-FEB ABA Journal 22 (February, 2018) In January 2017, before President Donald Trump's inauguration, I attended the annual Association of American Law Schools conference in San Francisco. I stayed at the Mark Hopkins Hotel high up on Nob Hill--a walk away from the conference site at the Hilton in the business district near Union Square. My well-appointed vintage-style room was on an... 2018  
30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47