AuthorTitleCitationSummaryYearKey Terms
Jonathan Jackson , Tasseli McKay , Leonidas Cheliotis , Ben Bradford , Adam Fine , Rick Trinkner CENTERING RACE IN PROCEDURAL JUSTICE THEORY: STRUCTURAL RACISM AND THE UNDER- AND OVERPOLICING OF BLACK COMMUNITIES 47 Law and Human Behavior 68 (February, 2023) Objective: We assessed the factors that legitimized the police in the United States at an important moment of history, just after the police killing of George Floyd in 2020. We also evaluated one way of incorporating perceptions of systemic racism into procedural justice theory. Hypotheses: We tested two primary hypotheses. The first hypothesis was... 2023  
Lindsey Gellar CONGRESS IS REINSTATING THE COLOR LINE: HOW THE SAVE AMERICA'S PASTIME ACT AND THE JUDICIAL ANTITRUST EXEMPTION CONTRIBUTE TO RACIAL INEQUITY IN PROFESSIONAL BASEBALL 15 Drexel Law Review 399 (2023) Racial inequity is a common theme in the United States, and America's pastime is no exception. Black representation in professional baseball has been on the decline for decades since its peak of nearly 20%. The law compounds on inequitable economic and political systems to make it more difficult for Black American-born baseball players to survive... 2023  
Chris Riedel, Porter Wright Morris & Arthur LLP CONSISTENCY MATTERS: WHEN THE EMPLOYER SPEAKS, THE EMPLOYEES MAY ANSWER 4 Great Lakes Employment Law Letter 2 (7/1/2023) A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee's right to wear buttons and masks in support... 2023  
Chris Riedel, Porter Wright Morris & Arthur LLP CONSISTENCY MATTERS: WHEN THE EMPLOYER SPEAKS, THE EMPLOYEES MAY ANSWER 4 Mountain West Employment Law Letter 4 (7/1/2023) A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee's right to wear buttons and masks in support... 2023  
Professor Mirko Bagaric , Jennifer Svilar , Brienna Bagaric CONTINUING PRINCIPLED SENTENCING REFORM AND WINDING BACK MASS INCARCERATION AGAINST THE BACKDROP OF AMERICA'S SURGE IN VIOLENT CRIME 23 Nevada Law Journal 411 (Spring, 2023) Five decades of an unremitting tough on crime policy resulted in the United States having the highest incarceration rate on earth. This approach was in the process of being systematically wound back in recent years. The mood for criminal justice reform was highlighted by the receptiveness of many people to what on their face seemed to be radical... 2023  
Ryan Newman CORPORATE CAPTAINS OF THE WOKE REVOLUTION: THE NEED TO LIMIT CORPORATE POLITICAL ACTIVISM 27 Texas Review of Law and Politics 663 (Summer, 2023) Introduction. 664 I. The Woke Revolution. 666 II. The Rise of Woke Corporate Activism. 673 III. The Need to Limit Woke Corporate Activism. 681 IV. Corporate Free Speech Rights Properly Understood. 685 Conclusion. 696 2023  
Silas J. Petersen COUNTERING PUBLIC PRESSURE: JURY ANONYMITY AS A PROTECTION OF CRIMINAL DEFENDANTS 37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 634 (2023) The phenomenon known as trial by media has long been regarded as dangerous to the fairness of high-profile trials. American history is replete with trials that captured public attention and galvanized anti-defendant fervor. One way that media coverage can threaten a defendant's right to a fair trial is when the media prejudices the jury by... 2023  
Marty Berger , David A. Sklansky CRIME, COMMUNITY, AND THE SHADOW OF THE VIRTUAL 2023 University of Illinois Law Review 1607 (2023) As reformers and abolitionists spar over the future of law enforcement, both camps urge giving the community a weightier say in defining public safety priorities. Regardless of whether police departments should be further revamped or instead defunded, a key task will be determining how to grapple with the complicated, heterogeneous nature of... 2023  
Angelica Knight CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY 17 Florida A & M University Law Review 141 (Spring, 2023) C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... 2023  
Kathleen Kapusta, J.D. DISCRIMINATION-N.D. ILL.: HOSPITAL EMPLOYEE FIRED AFTER DISPLAYING 'OFFENSIVE' POLITICAL DECALS CAN'T ADVANCE RACE, SEXUAL ORIENTATION CLAIMS Wolters Kluwer Employment Law Daily (3/7/2023) The Caucasian employee asked the court to draw a connection between his racial identity and the accusations he displayed images associated with white supremacy. Dismissing a white heterosexual maintenance engineer's Title VII claims alleging his hospital employer discriminated against him through its choice to take [a] position in support of a... 2023  
Ursula Furi-Perry, J.D., MBA DISCRIMINATION-RACE-W.D. KY.: USPS GRANTED SUMMARY JUDGMENT ON REVERSE DISCRIMINATION CLAIM BROUGHT BY POSTAL WORKER Wolters Kluwer Employment Law Daily (7/10/2023) Mail carrier could not establish that the USPS discriminates against the majority, did not experience a significant change in employment status, and could not demonstrate that he was treated differently than similarly situated non-protected employees. A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed... 2023  
Kaleigh Ewing DRIVER IMMUNITY LAWS: WHY THEY ARE MORE DANGEROUS THAN YOU THINK 75 Oklahoma Law Review 355 (Winter, 2023) On May 31, 2020, a man with his wife and two children sped his one-ton truck through a crowd of protesters in Tulsa, Oklahoma, injuring at least three people. He stated that he and his family feared for their lives when protesters surrounded his vehicle. While it is uncertain who initiated the hostilities during the incident, witnesses suggested... 2023  
  EMPLOYMENT PRACTICES LETTER NO. 1195 ISSUE NO. 2280 Employment Practices Guide 2648869 (2023) RELIGIOUS DISCRIMINATIONTeacher fired after protesting same-sex families' book denied injunction ordering reinstatement RACE DISCRIMINATIONEmployee's claim that employer created unlawful hostile work environment revived on appeal Hospital employee fired after displaying offensive political decals can't advance race, sexual orientation... 2023  
Rangita de Silva de Alwis , Amani Carter , Govind Nagubandi EQUITABLE ECOSYSTEM: A TWO-PRONGED APPROACH TO EQUITY IN ARTIFICIAL INTELLIGENCE 29 Michigan Technology Law Review 165 (Spring, 2023) Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that... 2023  
Maureen A. Maffei of Ice Miller LLP EXPERT INSIGHTS-'ARE YOU REALLY GOING TO WEAR THAT TO WORK?' NEW DECISION UPHOLDING EMPLOYER'S DRESS CODE Wolters Kluwer Employment Law Daily (2/14/2023) Although the recent decision supports an employer's right to make and consistently apply dress code rules, other cases have ended differently. With some exceptions, employers have the ability to dictate what an employee can and cannot wear at work, even if prohibiting certain attire may limit an employee's personal expression, so long as its... 2023  
Dawn C. Nunziato FIRST AMENDMENT PROTECTIONS FOR "GOOD TROUBLE" 72 Emory Law Journal 1187 (2023) In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech--the preferred response within our constitutional framework--but also by efforts by the... 2023  
  FLORIDA TEACHER TERMINATED OVER SUPPORT OF BLACK ATHLETES, SUIT ALLEGES 24 Employment Practices Liability Verdicts and Settlements 21 (2/1/2023) A former teacher and girls basketball coach at a private Florida high school says he was illegally fired for supporting two Black student-athletes in their protests against racial discrimination at the school. In a complaint filed in the U.S. District Court for the Southern District of Florida, Brett Studley says American Learning Systems Inc.... 2023  
John Fabian Witt , Morgan Savige FORESEEABILITY CONVENTIONS 44 Cardozo Law Review 1075 (February, 2023) The risk reasonably to be perceived defines the duty to be obeyed .. --Palsgraf v. Long Island Railroad Co. (N.Y. 1928) [T]here are clear judicial days on which a court can foresee forever .. --Thing v. La Chusa (Cal. 1989) How has the foreseeability standard survived its critics? Law relies on foreseeability to solve hard legal problems in a vast... 2023  
Leah Reiss FREEDOM TO PRAY, NOT TO PROTEST 107 Minnesota Law Review 2285 (May, 2023) Since the first half of 2020, parallel fears of social unrest and viral contagion have motivated waves of restrictions on gatherings. In just two years, the COVID-19 pandemic, which was first identified in the United States in January 2020, claimed the lives of nearly one million people in this country alone. In the spring and summer of 2020,... 2023  
Faith A. Parker FRIENDS WITH BENEFITS: EXPANDING VIRGINIA'S DOMESTIC VIOLENCE AND MUTUAL PROTECTION ORDER STATUTES TO INCLUDE RECIPROCAL BENEFICIARIES 29 William and Mary Journal of Race, Gender, and Social Justice 715 (Spring, 2023) On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence... 2023  
Renee Nicole Allen GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR 29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... 2023  
Michael Conklin HOWARD LAW SCHOOL, RACE, AND PEER RANKINGS: THE INCREASING CORRELATION BETWEEN RACIAL SALIENCE AND PREFERENTIAL RANKINGS 59 Willamette Law Review 189 (Spring, 2023) In 2020, novel research was conducted to measure disparities between the U.S. News & World Report overall rankings and the peer rankings of law schools. The research uncovered a stark outlier in Howard University School of Law, whose peer rank was consistently twenty to forty spots higher than its overall rank. This Article updates the research,... 2023  
Jennifer J. Lee IMMIGRATION DISOBEDIENCE 111 California Law Review 71 (February, 2023) The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... 2023  
Nina Farnia IMPERIALISM AND BLACK DISSENT 75 Stanford Law Review 397 (February, 2023) Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... 2023  
Adam N. Eckart IN BUSINESS WE TRUST 23 Wake Forest Journal of Business and Intellectual Property Law 227 (Spring, 2023) I. Introduction. 228 II. Business-led Social Activism. 230 A. Past as Prologue. 230 B. Business Involvement Today. 235 1. LGBTQ Rights. 236 2. Race. 242 3. Gun Safety. 243 4. Contraception and Abortion. 246 5. Beyond Politics. 248 III. Corporate Governance and Fiduciary Duties. 249 A. Traditional Fiduciary Duties. 249 B. Stakeholder Theory. 251 C.... 2023  
Barbara O'Brien, Catherine M. Grosso JUDGES, LAWYERS, AND WILLING JURORS: A TALE OF TWO JURY SELECTIONS 98 Chicago-Kent Law Review 107 (2023) Race has long had a pernicious role in how juries are assembled in the United States. Racism--intentional, implicit, and structural--has produced disparities in how jury venires are selected, whom the court excuses for cause, and how lawyers exercise their peremptory strikes. We are, however, at a moment of reform in the United States. We see... 2023  
Michael Conklin LAW SCHOOL RANKINGS AND POLITICAL IDEOLOGY: MEASURING THE CONSERVATIVE PENALTY AND LIBERAL BONUS WITH UPDATED 2023 RANKINGS DATA 37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 508 (2023) In 2020, novel research was conducted to measure whether, and to what extent, conservative law schools are punished and liberal law schools are rewarded in the U.S. News & World Report peer rankings. The study found a drastic conservative penalty and liberal bonus that amounted to a difference in the peer rankings of twenty-eight spots. This... 2023  
Hanna M. Metzler LET'S NOT TALK ABOUT IT: HOW COURTS APPLY CONSTITUTIONAL AVOIDANCE AND QUALIFIED IMMUNITY AS A SHIELD FOR LAW ENFORCEMENT OFFICERS 88 Missouri Law Review 873 (Summer, 2023) On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (SLMPD) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement... 2023  
  LEVI STRAUSS & CO. SEC No Action Letters . 0123202304 (2023) WSB File No. 0123202304 WSB Subject Category: 74 Public Availability Date: January 19, 2023 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 November 11, 2022 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange Commission Division of Corporation Finance Office of Chief Counsel 100 F Street, NE Washington,... 2023  
  LEVI STRAUSS & CO. SEC No Action Letters . 0123202304 (2003) WSB File No. 0123202304 WSB Subject Category: 74 Public Availability Date: January 19, 2023. Prepared By: Cooley LLP References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ November 11, 2022 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange... 2023  
Juliet P. Stumpf, Stephen Manning LIMINAL IMMIGRATION LAW 108 Iowa Law Review 1531 (May, 2023) ABSTRACT: Liminal immigration rules operate powerfully beyond the edge of traditional law to govern the movement of people across borders and their interactions with the immigration system within the United States. This Article illuminates this body of liminal law, revealing how agencies and advocates have innovated to create widely followed... 2023  
Hila Keren MARKET HUMILIATION 56 Loyola of Los Angeles Law Review 565 (Spring, 2023) For many people, the marketplace is too often a site of intense humiliation. This Article aims to assist legal practitioners, judges, lawmakers, and scholars in understanding what market humiliation is, how it operates, and what can be done to curtail it. This is a particularly timely--even urgent--task due to a pair of 2022 developments at the... 2023  
Nikolas Guggenberger MODERATING MONOPOLIES 38 Berkeley Technology Law Journal 119 (2023) Industrial organization predetermines content moderation online. At the core of today's dysfunctions in the digital public sphere is a market power problem. Meta, Google, Apple, and a few other digital platforms control the infrastructure of the digital public sphere. A tiny group of corporations governs online speech, causing systemic problems to... 2023  
Amna A. Akbar NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY 132 Yale Law Journal 2497 (June, 2023) Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... 2023  
S. Lisa Washington PATHOLOGY LOGICS 117 Northwestern University Law Review 1523 (2023) Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... 2023  
Sameer M. Ashar PEDAGOGY OF PREFIGURATION 132 Yale Law Journal Forum 869 (2/14/2023) abstract. As our social problems deepen and movements rise to meet those challenges, lawyers must expand their repertoire to support transformative visions. Social-movement organizations are not only developing policy platforms, but also experimenting with legal advocacy and institutional development that meet human needs and strive to resist... 2023  
Bridget J. Crawford PINK TAX AND OTHER TROPES 34 Yale Journal of Law & Feminism 88 (2023) Abstract: Law reform advocates should be strategic in deploying tax tropes. This Article examines five common tax phrases--the nanny tax, death tax, soda tax, Black tax, and pink tax--and demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government... 2023  
Ndjuoh MehChu POLICING AS ASSAULT 111 California Law Review 865 (June, 2023) From ending qualified immunity, to establishing community control over policing, to eradicating the institution of policing altogether, proposals to remedy the issue of police violence are on everyone's lips. But, in the deep reservoir of proposals, the meaning of police violence has received relatively little attention. How should we think... 2023  
Rachel E. Barkow PROMISE OR PERIL?: THE POLITICAL PATH OF PRISON ABOLITION IN AMERICA 58 Wake Forest Law Review 245 (2023) America is now home to a burgeoning prison abolitionist movement. The word abolition focuses on a negative goal, but prison abolitionists have a positive agenda that is just as important. They believe the key to abolishing prisons is to address the social, economic, and political conditions that cause crime, thus obviating the need for prisons.... 2023  
Christopher Ian Kim PULLING BACK THE VEIL: EXPOSING PERNICIOUS USES OF FACIAL RECOGNITION TECHNOLOGY 22 Washington University Global Studies Law Review 53 (2023) Facial recognition is nothing new. Technology giants have been developing and implementing facial recognition for years; our iPhone lock mechanisms are proof of that. The potential uses for facial recognition are limitless and many companies already wield the capability to create powerful tools. Several countries, enticed by the promise of such... 2023  
Eva Dickey QUALIFIED IMMUNITY UNDER SECTION 1983: THE PROTECTIVE VEIL OF "CLEARLY ESTABLISHED" 96 Chicago-Kent Law Review 247 (2023) In 1871, in the midst of Reconstruction, Congress passed An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, which came to be known as both the Ku Klux Klan Act (Ku Klux Act) and the Civil Rights Act of 1871. Section 1 of this Act read That any person who, under color of any law, statute,... 2023  
Osagie K. Obasogie , Peyton Provenzano RACE, RACISM, AND POLICE USE OF FORCE IN 21ST CENTURY CRIMINOLOGY: AN EMPIRICAL EXAMINATION 69 UCLA Law Review 1206 (January, 2023) Race scholars have voiced concerns about the field of c riminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field's overly positivist approach that privileges white logics that obscure the nuance of race relations to methodological critiques on how the field... 2023  
Yuvraj Joshi RACIAL EQUALITY COMPROMISES 111 California Law Review 529 (April, 2023) Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... 2023  
Michael Heise RACIAL ISOLATION, SCHOOL POLICE, AND THE "SCHOOL-TO-PRISON PIPELINE": AN EMPIRICAL PERSPECTIVE ON THE ENDURING SALIENCE OF "TIPPING POINTS" 71 Buffalo Law Review 163 (April, 2023) Two broad trends inform public K-12 education's current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource... 2023  
Jennifer S. Hunt , Stephane M. Shepherd RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS 47 Law and Human Behavior 1 (February, 2023) Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... 2023  
Anabelle Roy READY OR NOT CONGRESS, HERE IT COMES: THE EXPANSION OF FACIAL RECOGNITION TECHNOLOGY MAKES ITS WAY INTO POLICE PRACTICES 75 Florida Law Review 583 (May, 2023) Good, old-fashioned police work does not have the same meaning it had just two decades ago. The use of facial recognition technology by law enforcement agencies across America has proliferated within just the last decade, with some jurisdictions installing thousands of cameras across their cities. Local law enforcement agencies have tracked... 2023  
Athena D. Mutua REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH 100 Denver Law Review 553 (Spring, 2023) Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... 2023  
Veronica Root Martinez REFRAMING THE DEI CASE 46 Seattle University Law Review 399 (Winter, 2023) Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of... 2023  
Dylan Saul SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS 107 Minnesota Law Review 1311 (February, 2023) If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... 2023  
Paul Butler SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM 121 Michigan Law Review 1071 (April, 2023) Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell. New York: Astra House. 2021. Pp. 288. Cloth, $28. Paper, $18. Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson. New York: New York University Press. 2022. Pp. 312. $45. Black women are guiding... 2023  
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