AuthorTitleCitationSummaryYearKey Terms
Andy J. Carr FREE SPEECH AND ANTI-DEMOCRATIC VIOLENCE 31 Washington and Lee Journal of Civil Rights and Social Justice 1 (Winter, 2025) The resurgence of far-right extremist groups--like sovereign militias, white supremacists, and avowedly fascist gangs--has exposed the First Amendment's vulnerabilities to the leaderless resistance model of extremist organizing. This model, first popularized by white supremacist Louis Beam, specifically aims to insulate extremist leaders from... 2025  
Ndjuoh MehChu FROM IMPUNITY TO REPARATIONS 100 New York University Law Review Online 57 (September, 2025) Current frameworks for compensating victims of police violence inadequately address collective healing and repair. Overlooked are those who suffer policing's harmful effects without direct police contact, e.g., bystanders and family members of those directly impacted. Consider 17-year-old Darnella Frazier, who documented George Floyd's murder by... 2025  
Laurel Wanger FROM SIDEWALKS, STREETS, AND PARKS TO SOCIAL MEDIA: HOW SHOULD COURTS APPLY THE PUBLIC FORUM DOCTRINE IN THE DIGITAL AGE? 99 Saint John's Law Review 487 (2025) Throughout history, American presidents have had to temper their foreign policy to protect the United States, advocate for human rights and other democratic values, and maintain relationships with foreign governments and international organizations. That is, until President Trump was elected. President Trump's use of his social media account as a... 2025  
Chaz D. Brooks GEN Y MORE BLACK CORPORATE DIRECTORS 59 University of Richmond Law Review 323 (Winter, 2025) Corporate diversity has been in the spotlight for decades. Recent efforts have followed years of legal scholarship, arguments on the business rationale for greater diversity, and, more recently, the racial unrest during the summer of 2020. Called by some, a racial reckoning, the summer of 2020 catalyzed many corporate declarations on the... 2025  
Tamika Griffin Moses GEORGIA (RICO) ON MY MIND 105 Boston University Law Review 247 (February, 2025) The Georgia RICO indictments against President Donald Trump, the Stop Cop City Protestors, and hip-hop entertainer Young Thug prompted debates regarding the proper scope of prosecutorial discretion and the legitimacy of the charges. This Article adds two critiques to the discourse. First, it posits that the expansive scope of the Georgia RICO... 2025  
Karina Devi Etminani HASHTAGS, HANDCUFFS, AND HUSH MONEY: INEQUITABLE APPLICATION OF THE FOURTH AMENDMENT IN ELECTRONIC SURVEILLANCE 22 UC Law Journal of Race and Economic Justice 281 (May, 2025) A wealthy executive buries misconduct behind corporate nondisclosure agreements (NDAs) and encrypted devices. Nearby, police wield geofence warrants to sweep the digital footprints of peaceful protesters demanding racial justice. Both scenarios hinge on the same Fourth Amendment but reveal a coin with two faces. For powerful abusers, privacy... 2025  
Renagh O'Leary IDEOLOGICAL TESTING 103 North Carolina Law Review 909 (May, 2025) This Article describes and critiques a practice I call the ideological testing of criminal defendants. Ideological testing occurs when state actors within the criminal legal system elicit and evaluate the defendant's views of the criminal legal system. For example, as part of the presentence investigation process in some jurisdictions, probation or... 2025  
John Inazu INCITEMENT, ENTHUSIASM, AND THE DANGERS OF NEGLIGENT PROTEST 6 Journal of Free Speech Law 801 (2025) This Article explores the murky line between protected speech and assembly on the one hand, and harmful incitement on the other. On the occasion of the 100th anniversary of Oliver Wendell Holmes's dissent in Gitlow v. New York, it uses Holmes's famous dictum that every idea is an incitement as a conceptual starting point. By analyzing the... 2025  
Brandon Hasbrouck INSURRECTION AND BLACK POLITICAL PARTICIPATION 15 California Law Review Online 1 (January, 2025) The Reconstruction Congress envisioned a comprehensive set of rights and structural protections in the Fourteenth Amendment to establish and preserve a multiracial democracy. The Fourteenth Amendment's third section, the Insurrection Clause, may seldom have been enforced in recent memory, but it remains a vital part of the Amendment's framework.... 2025  
Tan T. Boston IS NIL WOKE? 58 Loyola of Los Angeles Law Review 421 (Spring, 2025) NCAA football and men's basketball cumulatively receive almost one hundred percent of intercollegiate name, image, and likeness (NIL) compensation. NIL exceptionalism, however, is not the only distinguishing factor for these two sports. They are also distinctively racially and economically diverse in comparison to the dozens of other NCAA sports.... 2025  
Anita L. Allen , Christopher Muhawe IS PRIVACY REALLY A CIVIL RIGHT? 40 Berkeley Technology Law Journal 1 (2025) Sixty years ago, President Lyndon Johnson signed the Civil Rights Act of 1964. Civil rights laws aimed at curbing discrimination and inequality in federal programs, public accommodations, housing, employment, education, voting and lending faced opposition before the Act and continue to do so today. Nevertheless, a swell of legal scholars, policy... 2025  
Lcda. Nanette M. González Díaz LA INTELIGENCIA ARTIFICIAL Y LA LIBERTAD DE EXPRESIÓN EN LA ERA DIGITAL: UN ANÁLISIS JURÍDICO SOBRE EL IMPACTO DE LA MODERACIÓN ALGORÍTMICA EN LAS PLATAFORMAS SOCIALES 94 Revista Juridica Universidad de Puerto Rico 407 (2025) Introducción. 407 I. Marco conceptual: la inteligencia artificial y la libertad de expresión. 409 A. La inteligencia artificial: concepto y alcance. 409 B. Principios generales de la libertad de expresión. 410 C. La libertad de palabra ampliada: redes sociales. 413 II. La colisión entre la IA y la libertad de expresión en las redes sociales. 415 A.... 2025  
Kristine L. Bowman , Andrea Chambers LAW, LANGUAGE AND LEADERSHIP: ANTI-RACISM IN DEANS' RACIAL JUSTICE SOLIDARITY STATEMENTS 73 Journal of Legal Education 588 (Spring, 2025) C1-2Table of Contents I. Introduction. 589 II. Intersections Among Anti-racism, Higher Education Leadership, and Speech Act Theory. 592 A. Anti-racism and Equality. 592 1. Anti-racism. 592 2. Ideas of Equality Today: Anti-Discrimination and Anti-Subordination. 594 B. Higher Education Leadership. 595 1. The University's Purpose. 596 2. Legal... 2025  
Jamillah Bowman Williams , Elizabeth C. Tippett , Anu Ramdin MIND THE GAP(S): MITIGATING HARASSMENT IN A POST-#METOO WORKPLACE 98 Southern California Law Review 881 (April, 2025) In a post-#MeToo workplace, harassment remains pervasive, and harassment law still fails to provide protection for the harms experienced by many workers-- particularly those in the most vulnerable jobs. Even when reform efforts are introduced through legislation, courts, and agency guidance, it often does not provide greater power, autonomy, and... 2025  
Kenneth B. Nunn MONUMENTS, LAW AND CULTURAL TRANSFORMATION 68 Howard Law Journal 349 (Spring, 2025) I want to tell a story about Old Joe. Old Joe is a statue memorializing the soldiers who fought for the Confederacy during the Civil War. The statue was erected on January 19, 1904, almost forty years after the Civil War, on Robert E. Lee's birthday. It was dedicated by the United Daughters of the Confederacy at a ceremony held on the Alachua... 2025  
Franciska Coleman MULTIRACIAL, INTERCLASS DEMOCRACY 55 Seton Hall Law Review 1199 (2025) In 2019, after teaching for seven years in Seoul, South Korea, I was preparing to begin my first U.S. teaching job in the Midwest. I had hired a local mover, a White gentleman with a military background who had great online reviews, to move items into my office. After all my books and appliances had been moved in, we chatted as I walked him out of... 2025  
Reid Kress Weisbord , Jordan Bondurant OSCAR LAW 76 Alabama Law Review 799 (2025) Introduction. 800 I. The Entertainment Awards Industry. 807 A. The Modern History of Awards. 807 B. Viewership and Financials. 812 C. Corporate Structure and Nonprofit Status. 816 II. Internal Governance of Entertainment Academies. 823 A. Academy Membership Rules. 823 B. Nomination Eligibility Criteria. 832 C. Award Selection Procedures. 840 III.... 2025  
Rachel Moran OVERBROAD PROTEST LAWS 125 Columbia Law Review 1197 (June, 2025) Protests are woven into the history and social fabric of the United States. Whether the topic involves racial inequity, abortion, police brutality, oil and gas pipelines, war, or allegedly stolen elections, Americans will voice their opposition--occasionally, in frightening or destructive ways. Politicians, in turn, have a history of using their... 2025  
Spencer Overton OVERCOMING RACIAL HARMS TO DEMOCRACY FROM ARTIFICIAL INTELLIGENCE 110 Iowa Law Review 805 (January, 2025) ABSTRACT: While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy. Left unchecked, AI will exacerbate already substantial existing challenges, such as racial polarization, cultural anxiety, antidemocratic attitudes, racial vote... 2025  
Meghan L. Morris PARAMILITARY PROPERTY 60 Harvard Civil Rights-Civil Liberties Law Review 107 (Winter, 2025) Paramilitarism is on the rise in America. In recent years, paramilitaries have mounted violent responses to movements for racial justice, climate emergencies, public health protocols, and migrant border crossings. Militias, white power organizations, and other paramilitary groups often claim their violence is justified as a legitimate defense of... 2025  
Michael Conklin PEAK WOKENESS IN LEGAL SCHOLARSHIP: AN EMPIRICAL ANALYSIS OF RECENT TRENDS IN PROGRESSIVE TOPICS 61 California Western Law Review 381 (Spring, 2025) C1-3Table of Contents I. Introduction. 382 A. What is Woke?. 384 B. Evidence of Peak Wokeness. 389 II. Methodology. 398 III. Results. 399 IV. Discussion. 400 V. Conclusion. 404 2025  
Jonathon J. Booth POLICING AFTER SLAVERY: RACE, CRIME, AND RESISTANCE IN ATLANTA 96 University of Colorado Law Review 1 (2025) This Article places the birth and growth of the Atlanta police in context by exploring the full scope of Atlanta's criminal legal system during the four decades after the end of slavery. To do so, it analyzes the connections Atlantans made between race and crime, the adjudication and punishment of minor offenses, and the variety of Black protests... 2025  
Sunita Patel POLICING CAMPUS PROTEST 125 Columbia Law Review 1277 (June, 2025) College campuses across the country celebrate their legacies of creating free speech guarantees following student protests from the mid-1960s to early 1970s, even though colleges had minimal tolerance of such protests at the time. As part of the New Left's vision for a different society, students, sometimes joined by faculty, demanded an end to the... 2025  
G. Alex Sinha POLICING'S FREE-SPEECH PROBLEM 2025 Utah Law Review 453 (2025) The central claim of this Article is that a significant share of typical policing activity is wildly and egregiously unconstitutional. More precisely, police regularly, predictably, and systematically violate the hardest, most settled core of free-speech law under the First Amendment. We have grown to tolerate these violations--we have not even... 2025  
David S. Ardia POPULAR SOVEREIGNTY AND A RIGHT TO KNOW ABOUT THE GOVERNMENT 67 Arizona Law Review 1 (Spring, 2025) Imagine that a future U.S. President, upset about negative press coverage and plummeting approval ratings, issues an executive order instructing all federal agencies to henceforth provide no public access to executive branch records and meetings. Imagine further that the President's party controls both chambers of Congress, which rescinds all... 2025  
Vanessa Miller PRIVATE CAMPUS POLICE AND THE FOURTEENTH AMENDMENT 102 Denver Law Review 1031 (Summer, 2025) The rise and expansion of private campus police forces raises critical concerns about the interpretation of the Fourteenth Amendment. As state legislatures continue to authorize private police to act as state law enforcement officers and extend their jurisdiction beyond campus boundaries, resembling traditional public law enforcement agencies, the... 2025  
Erin Sheley PROSECUTORIAL DISCRETION AND DIGITAL DEMOCRACY 113 Kentucky Law Journal 71 (2024-2025) Introduction. 72 I. Two Case Studies in Discretion and Public Opinion. 70 A. #MeToo in Theory and Practice. 77 B. Corporate Homicide. 82 i. The Sparse History of Corporate Homicide. 83 ii. Corporate Homicide and Popular Morality. 89 II. Public Mandate and Government Officials. 93 A. Public Opinion and Public Officials Generally. 93 B. Public... 2025  
Timothy Zick PUBLIC PROTEST AND CIVIL UNREST 67 Arizona Law Review 459 (Summer, 2025) Governments and officials must respond to protest-related civil unrest. How they do so is both an index of official respect for dissent and a measure of how committed governments are to democratic accountability. This Article examines official responses to civil unrest in connection with several recent high-profile demonstrations. In general, it... 2025  
Katheryn Russell-Brown , Vanessa Miller RACE CENTERS AS CRITICAL CURRICULUM SPACES IN U.S. LAW SCHOOLS 76 Mercer Law Review 609 (April, 2025) This piece aims to amplify the role of law school race centers. In fact, these centers are central curriculum spaces for student teaching and learning about race. The discussion highlights the role of race centers in law schools, explores the scholarly potential of race centers, and proposes strategies for sustaining race centers. The piece... 2025  
Vania Blaiklock RACE WITHOUT RACISM: RELIGIOUS SCHOOL CURRICULA AND THE RACE-NEUTRAL LEGACY OF BROWN 66 William and Mary Law Review 883 (March, 2025) C1-2Table of Contents Introduction. 884 I. Brown's Colorblind Conversion. 888 II. Abeka Case Study--Narratives of Race Without Racism. 900 A. African Slave Trade & American Slavery. 902 B. Reconstruction. 906 C. The Civil Rights Movement. 908 D. Oppression in the Twenty-First Century. 911 Conclusion. 914 2025  
E. Tendayi Achiume RACE, REPARATIONS, AND INTERNATIONAL LAW 119 American Journal of International Law 397 (July, 2025) C1-3Table of Contents I. Introduction. 397 II. Reparations, Worldmaking, and Structures of Historical Injustice. 401 A. Race, Racism, and Colonial Worldmaking. 403 B. Race/Racism and the Structural Reproduction of Colonial Domination. 404 C. The Global Governance of Race/Racism and Reparative Anti-colonial Worldmaking. 407 III. The Legal... 2025  
Kanome' Jones REHABILITATING THE NONPROFIT ARTS SECTOR: HEALTHY BOARD GOVERNANCE AS A CONDITION TO FEDERAL TAX EXEMPTION 15 UC Irvine Law Review 1097 (October, 2025) Americans celebrate the arts and how they increase our economic and collective well - being. Nonprofit arts and culture organizations are the primary vehicle by which individuals create art, attend events, and support millions of jobs in the industry. This has led to a perception that arts organizations have an effective framework for productivity... 2025  
Calvin Morrill, Michael Musheno , University of California, Berkeley, USA and University of Oregon and Arizona State University, USA REINVENTING "YOUTH" IN SOCIO-LEGAL STUDIES 50 Law and Social Inquiry 893 (August, 2025) Kathryn Abrams. Open Hand, Close Fist: Practices of Undocumented Organizing in a Hostile State. Oakland, CA: University of California Press, 2022. Pp. xiv + 286. James S Coleman. The Adolescent Society: The Social Life of the Teenager and Its Impact on Education. New York: Free Press of Glencoe, 1961. Pp. xvi + 368. Nikki Jones. Between Good and... 2025  
Cynthia D. Bond REPRESENTATIONS OF LAW AND RACE REVISITED: AN UPDATED SURVEY OF RECENT AMERICAN FILM 30 University of Denver Sports and Entertainment Law Journal 51 (Spring, 2025) This article revisits the author's Laws of Race/Laws of Representation: The Construction of Race and Law in Contemporary American Film, 11 Univ. Tex. Rev. of Sports and Ent. L. 219 (2010), surveying recent developments in mainstream films' depiction of the interrelated narratives of law and race. This article applies to current film the 2010... 2025  
Aaron Hernandez , Danielle R. Gershen ROLL THE REEL: THE EVOLUTION OF RACIAL ISSUES IN SPORTS LAW 35 Marquette Sports Law Review 313 (Spring, 2025) In 2024, the National Sports Law Institute (NSLI) at Marquette University Law School celebrated its 35th anniversary. The NSLI has been an unquestioned leader in sports law during that time, helping provide a centralized platform to discuss and advance sports law as a field. This article helps to celebrate this milestone by looking at one of the... 2025  
Philip Lee SFFA v. HARVARD: RACIAL TRIANGULATION AND THE INVIDIOUS MYTH OF COLORBLINDNESS 84 Maryland Law Review 249 (2025) Introduction. 250 I. The Evolution of the Diversity Rationale. 251 A. Bakke. 251 B. Grutter and Gratz. 258 C. Fisher I and II. 260 II. Racial Triangulation and The Model Minority. 262 A. SFFA and Racial Triangulation. 262 B. SFFA and the Model Minority. 263 III. SFFA v. Harvard and the Myth of Colorblindness. 267 A. The Majority Opinion and... 2025  
Stavros Gadinis SOCIAL BUSINESS JUDGMENT 80 Business Lawyer 1035 (Fall, 2025) Corporate America confronts an era of deepening social fissures. Progressive advocates demand stronger action on climate change, workplace equity, and social justice, while conservative groups launch coordinated campaigns against corporate social initiatives. States restrict pension funds from considering ESG factors in investment decisions, courts... 2025  
Matthew W. Finkin SOCIAL MEDIA, SOCIAL SENSIBILITIES, AND THE EMPLOYMENT RELATIONSHIP 27 Journal of Contemporary Legal Issues 1 (2025) Who watches his mouth guards his own life, who cracks open his lips knows disaster. Prov. 13:3 C1-3Table of Contents I. Introduction. 1 II. Two Facets of Free Speech. 4 III. The Messenger and the Media in the Currents of Social and Technological Change. 7 A. The Messenger: From Other Direction to Narcissism. 7 B. The Media. 11 IV. Caught in the... 2025  
Abre' Conner SPEAKING UP TO STOP THE CLIMATE CRISIS: HOW THE FIRST AMENDMENT AND EQUAL PROTECTION PROVISIONS CAN AMPLIFY ADVOCACY FOR FRONTLINE COMMUNITIES 72 Drake Law Review 277 (2025) This Article explores the need for an interdisciplinary approach to climate advocacy. Frontline communities in the United States watch as court decisions erode their legal protections, and they bear the burden of disproportionate pollution. Environmental justice activists are speaking out, and these advocates are also educating the public of their... 2025  
Mark Conrad STOPPING THE SPREAD OF THE WORLD'S OLDEST HATRED - WHAT U.S. SPORTS STAKEHOLDERS CAN DO TO COMBAT ANTISEMITISM 35 Fordham Intellectual Property, Media and Entertainment Law 392 Journal(Winter, 2025) The consistent rise in reported acts of antisemitism in the United States over the last decade has prompted debate about strategies to combat this age-old menace. The Hamas attack on Israel and the subsequent Israeli military response in Gaza has exacerbated this trend. Many have debated ways to confront the issue, including informing the public... 2025  
Noah Smith-Drelich THE ANTI-DISCRIMINATORY RIGHT TO TRAVEL 100 Indiana Law Journal 1063 (Spring, 2025) Travel rights and travel restrictions shape nearly every part of society, moderating where and how we go about our daily lives. Yet a central aspect of travel has gone largely unnoticed in the legal literature. Oppressive governments have routinely restricted free movement as a principal means of effectuating discrimination. And travel rights, as a... 2025  
Nadia B. Ahmad THE IMPERCEPTIBILITY OF MUSLIM IDENTITY 28 CUNY Law Review 169 (Winter, 2025) This article examines the challenges facing Muslim Americans, particularly Muslim women, as they confront systemic bias, intersectional oppression, and the racialization of religion in the United States. Through personal narrative and critical legal scholarship, it explores the pervasive nature of Islamophobia in political, academic, and societal... 2025  
Julia Alicia Mendoza THE LANGUAGE OF MASS INCARCERATION AND ORGANIZED ABANDONMENT 21 Stanford Journal of Civil Rights & Civil Liberties 43 (May, 2025) Our capacity to see and understand the extent of carceral violence is thwarted by the language and narratives employed by the judicial system. As evidenced by the Supreme Court's historicization of the factual record in Johnson v. California and other ancillary prison law cases, the judicial system mobilizes a language of mass incarceration: a... 2025  
Elaine M. Chiu THE MODEL MINORITY VICTIM 65 Santa Clara Law Review 451 (2024-2025) The rise in xenophobia, hate and violence against AAPI Americans inspired by the COVID-19 pandemic was an opportunity to assess the effectiveness of the criminal legal system as a tool of anti-racism. This Article traces the legal aftermath when Asian New Yorkers reported 276 possible hate crimes to the police in 2021. The analysis takes an... 2025  
Brian R. Cheffins THE PAST, PRESENT AND FUTURE OF CORPORATE PURPOSE 48 Delaware Journal of Corporate Law 387 (2025) Corporate purpose is currently hotly debated amidst much speculation that American public companies are forsaking shareholder centrality in favor of a wider set of priorities. Despite this speculation, systematic analysis of the future of corporate purpose is lacking. This Article correspondingly offers predictions on the trajectory of corporate... 2025  
Karla McKanders THE RACIALIZED RETALIATORY STATE: WEAPONIZING IMMIGRATION LAW TO CRIMINALIZE DISSENT 32 William and Mary Journal of Race, Gender, and Social Justice 63 (Fall, 2025) Just days before his ICE arrest in February 2019, 21 Savage, birth name-- She'yaa Bin Abraham-Joseph--a British-born American rapper of Caribbean descent--performed a song on The Tonight Show that included lyrics critical of family separations at the United States-Mexico border and other injustices: The gas was off, so we had to boil up the... 2025  
Michael Conklin THE ROLE OF RACE IN HOWARD LAW SCHOOL'S RANKING 56 Saint Mary's Law Journal 225 (2025) I. Introduction. 226 II. Law School Rankings. 229 III. Criticism of the Rankings. 232 IV. Howard University School of Law's Overall and Peer Law School Rankings. 237 V. Potential Explanations for Howard's Rankings Disparity. 239 A. Law School Location. 240 B. Exceptional Law Review. 241 C. Political Ideology Preference. 244 D. Promotional... 2025  
Shayna Swanson THE STATE OF THE POLICE IN MODERNITY: THE CONVERGENCE OF TWO FORMS OF PUNISHMENT 17 Washington University Jurisprudence Review 407 (2025) The profound influence of French philosopher and historian Michel Foucault reverberates across various fields of study, notably in law and the social sciences. One of his most prominent works is Discipline and Punish, a genealogical study outlining the development of the punitive state. In the book, Foucault discusses two eras of punishment: the... 2025  
Jade A. Craig THE TRAFFICANTE ROUTE: FAIR HOUSING LAW AND THE ROAD TO RACIAL RECONCILIATION 60 Wake Forest Law Review 821 (2025) This Article draws on the story of Trafficante v. Metropolitan Life Insurance Co., one of the earliest cases in which the U.S. Supreme Court interpreted the Fair Housing Act of 1968. Paul Trafficante, one of the plaintiffs, was a white tenant of a large apartment complex in San Francisco who discovered that the landlord was engaging in systematic... 2025  
Ronald C. Den Otter THE UNCONSTITUTIONALITY OF STUDENT DRESS CODES 50 Vermont Law Review 109 (Fall, 2025) Introduction. 110 I. Theoretical and Historical Background. 112 A. Student Free Speech Rights. 112 B. Judicial Decisions. 113 II. Expressive Conduct. 116 A. The Law. 116 B. Marginalized Students. 122 C. Young Women. 124 III. Self-Development and Individuality. 126 A. The Place of Autonomy in American Constitutional Law. 126 B. Millian... 2025  
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