| Author | Title | Citation | Summary | Year | Key Terms |
| James Roth |
TRANSFORMING THE MINNEAPOLIS POLICE DEPARTMENT TO CONFORM WITH THE RULE OF LAW: REFORM OR ABOLITION |
49 Mitchell Hamline Law Review 474 (April, 2023) |
I. Introduction. 475 II. Rule of Law. 477 III. Background. 477 A. History of the Minneapolis Police Department. 477 B. Statistical Disparities. 486 C. The Murder of George Floyd and Its Aftermath. 487 D. 2021 Referendums to Amend Minneapolis City Charter and Citywide Elections. 490 E. Post-November 2021 Election Developments. 494 F. Department of... |
2023 |
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| Lindsay Sain Jones , Goldburn P. Maynard, Jr. |
UNFULFILLED PROMISES OF THE FINTECH REVOLUTION |
111 California Law Review 801 (June, 2023) |
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... |
2023 |
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UNITED STATES: MASSACHUSETTS: FEDERAL JUDGE RULES GROCERY STORE DID NOT RETALIATE OVER FACEMASK DRESS CODE POLICY |
Labor & Employment Law 2213238 (2023) |
Article by Bernard J. Bobber and Zachary V. Zagger of Ogletree, Deakins, Nash, Smoak & Stewart On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing of facemasks with Black... |
2023 |
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| Jon D. Michaels , David L. Noll |
VIGILANTE FEDERALISM |
108 Cornell Law Review 1187 (July, 2023) |
In battles over abortion, religion, sexuality, gender, and race, state legislatures are mass producing a new weapon. From Texas's S.B. 8 to book bans and a flurry of bills empowering parents to sue schools that acknowledge LGBTQ+ identities or implement anti-racist curricula, state legislatures are enacting laws that call on private parties--and... |
2023 |
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| Frank D. LoMonte , Paola Fiku |
WATCH WHERE YOU CHALK, 'CAUSE THE SIDEWALKS TALK: THE FIRST AMENDMENT AND EPHEMERAL "OCCUPATIONS" OF PUBLIC PROPERTY |
47 Vermont Law Review 487 (Summer, 2023) |
Introduction. 487 I. First Things First: The Forum Beneath Your Feet. 490 A. The Right to Use Public Property as a Platform for Speech. 490 B. Cracks in the Sidewalk as Forum. 493 II. Chalking as Protest: Cases and Controversies. 499 A. Battle Lines Drawn: Campus Chalking Clashes. 499 B. Is There a Right to Write?. 501 1. Chalking Prohibitions... |
2023 |
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| Yuvraj Joshi |
WEAPONIZING PEACE |
123 Columbia Law Review 1411 (June, 2023) |
American racial justice opponents regularly wield a desire for peace, stability, and harmony as a weapon to hinder movement toward racial equality. This Essay examines the weaponization of peace historically and in legal cases about property, education, protest, and public utilities. Such peace claims were often made in bad faith and with little or... |
2023 |
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| Samantha Newman |
WHAT A WASTE! AN EVALUATION OF FEDERAL AND STATE MEDICAL AND BIOHAZARD WASTE REGULATIONS DURING THE COVID-19 PANDEMIC AND THEIR IMPACT ON ENVIRONMENTAL JUSTICE |
34 Villanova Environmental Law Journal 57 (2023) |
Scientists first reported the novel human coronavirus (COVID-19) disease in late 2019. On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic, meaning it is a disease that is prevalent across the globe. COVID-19 is one of only five documented pandemics since the 1918 flu. Understanding the COVID-19 virus and its global... |
2023 |
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| Nancy C. Marcus |
WHEN "RIOT" IS IN THE EYE OF THE BEHOLDER: THE CRITICAL NEED FOR CONSTITUTIONAL CLARITY IN RIOT LAWS |
60 American Criminal Law Review 281 (Spring, 2023) |
In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially... |
2023 |
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| Aníbal Rosario Lebrón |
WHEN SAYING GAY IS NO LONGER SUFFICIENT: RESPONSE TO MARIE-AMÉLIE GEORGE'S EXPANDING LGBT |
73 Florida Law Review Forum 21 (2023) |
In October of 2022, The New York Times published a provocative opinion piece that advocated for reclaiming the use of the word gay, which has fallen in favor of the term queer in media, academia, activism, and other circles. The article skillfully pointed out how queer and gay should not be conflated as they are not synonymous. However, the author,... |
2023 |
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| Gregory S. Parks |
WHITENESS AS IDEOLOGY |
73 Case Western Reserve Law Review 613 (Spring, 2023) |
I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn't lose any voters, okay. --Donald Trump I want you so bad I'll go back on the things I believe. --John Mayer You can't be pro-insurrection and pro-cop. You can't be pro-insurrection and pro-democracy. You can't be pro-insurrection and pro-American. --Joe Biden... |
2023 |
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| Daniel S. Harawa |
WHITEWASHING THE FOURTH AMENDMENT |
111 Georgetown Law Journal 923 (May, 2023) |
A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... |
2023 |
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| Sergio Alberto Gramitto Ricci , Christina M. Sautter |
WIRELESS INVESTORS & APATHY OBSOLESCENCE |
100 Washington University Law Review 1653 (2023) |
This Article discusses how a subgenre of retail investors makes investors' apathy obsolete. In prior work, we dub retail investors who rely on technology and online communications in their investing and corporate governance endeavors wireless investors. By applying game theory, this Article discusses how wireless investors' global-scale online... |
2023 |
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| Jennifer S. Fan |
WOKE CAPITAL REVISITED |
46 Seattle University Law Review 421 (Winter, 2023) |
Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (DEI) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of... |
2023 |
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| Lydia Davenport |
WOULD JUSTICE SCALIA THINK BLACK GUNS MATTER? |
47 New York University Review of Law and Social Change 1 (2023) |
Do Black Guns Matter? This Article considers what Justice Scalia's opinion in District of Columbia v. Heller tells us about how the law treats Black gun owners' rights. The opinion appears to tell two stories. One elevates white gun holders through three white paradigms: the colonial revolutionary, the frontiersman, and the hunter. The second... |
2023 |
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| Charisa Smith |
YOUTH VISIONS AND EMPOWERMENT: RECONSTRUCTION THROUGH REVOLUTION |
75 Rutgers University Law Review 825 (Spring, 2023) |
We've had this idea of growing up thinking, what the heck is this? What the heck is going on? .. [T]his isn't right. This is crazy. We need a whole new system .. OK, you guys might have been raised to think that this system benefits you, but you've been brainwashed. Let us give it to you straight. --Lily Mandel at age seventeen, organizer at Bucks... |
2023 |
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| Allison R. Ferraris |
"THE RIGHT TO PROTEST FOR RIGHT": REAFFIRMING THE FIRST AMENDMENT PRINCIPLE THAT LIMITS THE TORT LIABILITY OF PROTEST ORGANIZERS |
63 Boston College Law Review 1093 (March, 2022) |
Abstract: On December 16, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Doe v. Mckesson that a court could hold DeRay Mckesson liable for damages to a police officer whom an unidentified assailant injured at a 2016 Black Lives Matter protest that Mckesson helped organize. Mckesson did not cause the officer's injuries, and he did not... |
2022 |
Most Relevant |
| Doug Colbert, Colin Starger |
A BUTTERFLY IN COVID: STRUCTURAL RACISM AND BALTIMORE'S PRETRIAL LEGAL SYSTEM |
82 Maryland Law Review 1 (2022) |
Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore's pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful... |
2022 |
Most Relevant |
| Linette A. Duluc |
BATSON FAILS AGAIN: HOW THE RESURGENCE OF BLACK LIVES MATTER HIGHLIGHTS THE EASE OF BYPASSING THE RACE-NEUTRAL REQUIREMENT AND PROPOSED MODIFICATIONS TO REFINE THE STANDARD |
55 Suffolk University Law Review 375 (2022) |
When Black people today declare, Black Lives Matter in the face of race-based killings by police and vigilantes, their voices echo Sojourner Truth asking, Ain't I a Woman in the face of chattel slavery and Black protesters declaring, I am a Man in the face of a racial caste system . Racism seeps into the process of jury selection--legally... |
2022 |
Most Relevant |
| Jennifer Harrison Macon |
CRITICAL RACE THEORY: ANOTHER CASUALTY IN THE ATTACK ON FACTS |
69 UCLA Law Review Discourse 56 (2022) |
The attack on Critical Race Theory is the latest attempt to undermine the interracial coalition that has been building over the last twenty years. In the wake of the murder of George Floyd in May of 2020, a global movement for Black lives ensued, which in turn motivated a calculated resistance that mobilized around education. Not unlike the... |
2022 |
Most Relevant |
| Sidney Balman |
ENSURING BLACK LIVES MATTER WHEN THE PENALTY IS DEATH |
15 Idaho Critical Legal Studies Journal 1 (2022) |
[I]t is not so much that the death penalty has a race problem as it is that the race problems of America manifest themselves through the implementation of the death penalty. Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They... |
2022 |
Most Relevant |
| Daniel Farbman |
JUDICIAL SOLIDARITY? |
33 Yale Journal of Law & the Humanities 1 (Winter, 2022) |
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our... |
2022 |
Most Relevant |
| A.J. Rael |
SHIFTING THE CULTURE: WHAT THE UNITED STATES CAN LEARN FROM EUROPEAN POLICING PRACTICES |
30 Tulane Journal of International and Comparative Law 195 (Winter, 2022) |
I. Introduction. 195 II. Origins of the Black Lives Matter Movement in the United States. 197 III. Europe's Response to the Black Lives Matter Movement Following the Killing of George Floyd. 198 IV. An Overview and Comparison of Police Brutality in the U.S. and the U.K. 200 V. A Comparison of Policing Practices in the U.S., Norway, and Finland. 205... |
2022 |
Most Relevant |
| Caleb Epperson |
THE FUTURE OF THE ALLEN CHARGE IN THE NEW MILLENNIUM |
75 Arkansas Law Review 109 (2022) |
In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same. Following the death of George Floyd on May 25, 2020, social and political movements grew rapidly nationwide to combat the prevalence of police brutality against African-American communities. The... |
2022 |
Most Relevant |
| Jelani Jefferson Exum , David Niven |
WHERE BLACK LIVES MATTER LESS: UNDERSTANDING THE IMPACT OF BLACK VICTIMS ON SENTENCING OUTCOMES IN TEXAS CAPITAL MURDER CASES FROM 1973 TO 2018 |
66 Saint Louis University Law Journal 677 (Summer, 2022) |
The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd's resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police... |
2022 |
Most Relevant |
| Vida B. Johnson |
WHITE SUPREMACY'S POLICE SIEGE ON THE UNITED STATES CAPITOL |
87 Brooklyn Law Review 557 (Winter, 2022) |
The attack that took place at the nation's Capitol on January 6, 2021, has proven that white supremacy and far-right extremism in policing are some of our country's most dangerous problems. I have previously written about the crisis of white supremacists in law enforcement, and I am not alone. The Federal Bureau of Investigation (FBI) has issued... |
2022 |
Most Relevant |
| Harvey Gee |
"BANG!": SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY, PREDICTIVE POLICING, AND MEASURING TERRY'S REACH |
55 University of Michigan Journal of Law Reform 767 (Summer, 2022) |
ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights... |
2022 |
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| Steven Arrigg Koh |
"CANCEL CULTURE" AND CRIMINAL JUSTICE |
74 Hastings Law Journal 79 (December, 2022) |
This Article explores the relationship between two normative systems in modern society: cancel culture and criminal justice. It argues that cancel culture--a ubiquitous phenomenon in contemporary life--may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture's... |
2022 |
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| Abigail K. Coker |
"CLOSE THE SORES OF WAR": WHY GEORGIA NEEDS NEW LEGISLATION TO ADDRESS ITS CONFEDERATE MONUMENTS |
38 Georgia State University Law Review 629 (Winter, 2022) |
Let us put the cannons of our eyes away forever. Our one and only Civil War is done. Let us tilt, rotate, strut on. If we, the living, do not give our future the same honor as the sacred dead--of then and now--we lose everything. -Nikky Finney Confederate monuments have been a point of contention in America for decades, but a series of events... |
2022 |
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| Thijs Jeursen, Utrecht University |
"COVER YOUR ASS": INDIVIDUAL ACCOUNTABILITY, VISUAL DOCUMENTATION, AND EVERYDAY POLICING IN MIAMI |
45 PoLAR: Political and Legal Anthropology Review 186 (November, 2022) |
In the context of police violence and the proliferation of cameras, a growing body of anthropological scholarship has sought to understand the role of photography and its relationship to everyday policing. While scholarly attention has been given to how cameras can intensify a racialized visuality of crime and justify violent policing practices,... |
2022 |
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| The Honorable Denny Chin , Kathy Hirata Chin |
"KUNG FLU": A HISTORY OF HOSTILITY AND VIOLENCE AGAINST ASIAN AMERICANS |
90 Fordham Law Review 1889 (April, 2022) |
Introduction. 1890 I. Background. 1892 II. Historic Hostility and Violence. 1896 A. Mob Violence. 1896 1. Los Angeles Massacre of 1871. 1897 2. Rock Springs Massacre of 1885. 1901 3. Hells Canyon Massacre of 1887. 1904 4. Watsonville Riots of 1930. 1905 B. Expulsions. 1907 1. Eureka, California--1885. 1908 2. Seattle, Washington Territory--1886.... |
2022 |
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| Mary-Elizabeth B. Murphy |
"MAKE WASHINGTON SAFE FOR NEGRO WOMANHOOD": THE POLITICS OF POLICE BRUTALITY IN WASHINGTON, D.C., 1920-1945 |
59 California Western Law Review 87 (Fall, 2022) |
C1-2Table of Contents Introduction. 88 I. The Criminalization of Black Women in Washington, D.C. 99 II. D.C. Cops a Terror to Women: Brutality Surges. 103 A. Officers' Invasion of Black-Owned Homes. 105 B. Officers' Violence on the Streets. 107 C. Officers' Retaliation Against Attempted Intervention. 110 1. The Story of Cornelia Diggs and Dedia... |
2022 |
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| Maureen Johnson |
"THAT LITTLE GIRL WAS ME": KAMALA HARRIS AND THE CIVIL WHITES OF 1964 AND BEYOND |
44 Cardozo Law Review 577 (December, 2022) |
C1-2Table of Contents Introduction. 579 I. That Little Girl Was Me: Civil White Oblivion and Supreme Court Decisions Gutting Equitable Race-Conscious Measures. 584 A. The World's Original Sin: Slavery and White Dominance Since the Beginning of Time. 586 1. From Aristotle to Colonial America to Jim Crow: The Long and Sordid History of... |
2022 |
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| Darren Lenard Hutchinson |
"WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION |
110 California Law Review 371 (April, 2022) |
United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... |
2022 |
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| Miriam A. Smith |
#BLACKLIVESMATTER . A HASHTAG, A RALLYING CRY, A SOCIAL MOVEMENT, A GLOBAL NETWORK . BUT NOT A TRADEMARK: AN ANALYSIS OF TRADEMARK PROTECTION FOR THE WELL-TURNED PHRASE OF A SOCIAL MOVEMENT (SLOGANS, TAGLINES, MOTTOES, AND HASHTAGS) |
50 AIPLA Quarterly Journal 205 (Spring, 2022) |
I. Introduction. 207 II. The Historical Development of the Well-Turned Phrase: Slogans, Mottoes, and Hashtags. 214 A. Definitions. 214 B. Origins. 216 C. #BlackLivesMatter. 222 III. Trademark Law and the Well-Turned Phrase. 225 A. Common Grounds for Refusal. 232 B. Why are Some Slogans Protected and not Others?. 234 C. Criticisms of and Comments on... |
2022 |
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| Katya Assaf-Zakharov , Tim Schnetgöke |
(UN)OFFICIAL CITYSCAPES: THE BATTLE OVER URBAN NARRATIVES |
57 Harvard Civil Rights-Civil Liberties Law Review 177 (Summer, 2022) |
C1-2Table of Contents Introduction. 178 I. Official Cityscapes Constructed. 180 A. Public Property. 181 1. Political and ideological expressions.. 184 2. Artistic expressions. 187 B. Residential Property. 200 1. Renters. 201 2. Homeowners living in communities governed by homeowner associations. 207 3. Homeowners living outside communal... |
2022 |
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| Sebastian O. Ross |
A "HISTORIC WESTSIDE" STORY: LAS VEGAS BLACK HISTORY, GAMING POLICY EFFECTS ON BLACK EMPLOYMENT, AND GAMING COMPANIES LEAVING MONEY ON THE TABLE |
12 UNLV Gaming Law Journal 287 (Spring, 2022) |
Imagine yourself as a pop-cultural music icon, with generational talent propelling you into a social class in which many others from your background could not imagine themselves in. Your talent commands societal influence over entertainment, politics, and culture. Ultimately, your intangibles and hard work land you a contract performing on the Las... |
2022 |
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| Christina Hambleton |
A BLUEPRINT FOR MUNICIPAL POLICE REFORM |
50 Capital University Law Review 265 (11/13/2022) |
Since a video recording of Derek Chauvin kneeling on George Floyd's neck sparked global outrage on May 25, 2020, millions in the United States have participated in demonstrations against the criminal justice system's failures to prevent police violations of Black persons' rights. Although these demonstrations were the largest and most powerful to... |
2022 |
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| Marni Goldstein Caputo, Kathleen Luz |
A BOOK CLUB WITH NO BOOKS: USING PODCASTS, MOVIES, AND DOCUMENTARIES TO INCREASE TRANSFER OF LEARNING, INCORPORATE SOCIAL JUSTICE THEMES, CREATE COMMUNITY, AND BOLSTER TRADITIONAL AND CHARACTER-BASED LEGAL SKILLS DURING A PANDEMIC |
20 Seattle Journal for Social Justice 635 (Spring, 2022) |
In the fall of 2020, students entered law school under extreme circumstances. The COVID-19 pandemic led to isolation, depression, and restrictions on activities. A new hybrid learning environment was created. Social upheaval also caused unease. The 2020 national elections loomed, bringing divisive political discourse. The murder of George Floyd and... |
2022 |
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| Elizabeth Harmon |
A DEADLY COMBINATION: VIOLENT POLICE TRAINING, RACIAL BIAS, AND LENIENT COURTS |
85 Albany Law Review 709 (2021-2022) |
Every American has a constitutional right against the use of excessive force by law enforcement; however, too often unarmed Black men not only have this right violated, but subsequently have courts tell them that the violation was legally acceptable. In the last decade, the disturbing number of unarmed Black men who are being killed by police every... |
2022 |
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| Erin C. Carroll |
A FREE PRESS WITHOUT DEMOCRACY |
56 U.C. Davis Law Review 289 (November, 2022) |
C1-2Table of Contents Introduction. 289 I. The Economic Threat to the American Free Press. 293 A. What Economic Stress Has Wrought. 293 B. A Press Ripe for Autocratic Takeover. 297 II. The Political Threat & Its Impact on the Global Press. 301 A. The Traditional Autocratic Playbook. 305 B. The Updated Autocratic Playbook. 310 III. The Political... |
2022 |
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| Ande Davis |
A PREPONDERANCE OF BIAS: WHY ARTIFICIAL INTELLIGENCE SHOULD BE QUALIFIED IMMUNITY'S FATAL FLAW |
61 Washburn Law Journal 565 (Spring, 2022) |
In the wake of the 2020 police killings of Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, Minnesota, the public discussion of criminal accountability for law enforcement was accompanied by a related discussion around civil remedies for victims. This secondary discussion brought new public attention to the impediments posed... |
2022 |
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| Kiah Duggins |
ABOLITION AND INTERNATIONAL HUMAN RIGHTS: TAIWAN'S AFFIRMATION OF BLACK AMERICAN ABOLITIONIST MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 361 (Summer, 2022) |
America's use of police to maintain a social order that protects the interests of white upper-class citizens is similar to Taiwan's use of a police state to protect the interests of its authoritarian regime from 1945-1987. America's history and international positionality are vastly different from Taiwan's. However, grassroots movements that... |
2022 |
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| Jeannie Suk Gersen |
ACADEMIC FREEDOM AND DISCRIMINATION IN A POLARIZING TIME |
59 Houston Law Review 781 (Symposium, 2022) |
Academic freedom is under attack from both the left and the right. The very notion of academic freedom is at stake as liberals and conservatives attack exercises of it that do not align with their political goals. Moreover, those who purport to champion academic freedom frequently end up attempting to restrict it. This trend has accompanied an... |
2022 |
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| Catherine Bramble, Rory Bahadur |
ACTIVELY ACHIEVING GREATER RACIAL EQUITY IN LAW SCHOOL CLASSROOMS |
70 Cleveland State Law Review 709 (2022) |
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and... |
2022 |
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| Courtney Lauren Anderson |
ACTIVISMITIS |
14 Northeastern University Law Review 185 (February, 2022) |
Introduction 191 I. Women's Rights Protests 191 A. The Beginning 192 B. Seneca Falls Convention of 1848 194 C. Conventions to Follow 195 i. Women's Rights Convention Rochester, NY (1848) 195 D. Organizations 196 E. Key Women for and Against the Inclusion of Women of Color 200 F. Recent Women's Marches 203 G. The Effects of the Women's Rights... |
2022 |
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| Bill Ong Hing |
ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS |
9 Belmont Law Review 357 (Spring, 2022) |
Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... |
2022 |
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| Ezra Rosser |
AFFIRMATIVELY RESISTING |
50 Florida State University Law Review 123 (Fall, 2022) |
This Article argues that administrative processes, in particular rule-making's notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which... |
2022 |
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| Zoe Masters |
AFTER DENIAL: IMAGINING WITH EDUCATION JUSTICE MOVEMENTS |
25 University of Pennsylvania Journal of Law and Social Change 219 (2022) |
Abstract. In many U.S. states, Republican lawmakers are working to restrict how children can learn about racism. This article puts these efforts in context as part of a larger phenomenon of denial, which is integral to the social construction and maintenance of white supremacy. Denial has long been embedded in the constitutional framework that all... |
2022 |
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| W.C. Bunting |
AGAINST CORPORATE ACTIVISM: EXAMINING THE USE OF CORPORATE SPEECH TO PROMOTE CORPORATE SOCIAL RESPONSIBILITY |
74 Oklahoma Law Review 245 (Spring, 2022) |
This Article offers a novel typography of expenditures on corporate social responsibility, highlighting that such spending often requires a public business corporation to engage in corporate speech. When this speech pertains to social or political issues unrelated to the company's business, this Article argues that such expenditures are generally... |
2022 |
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| Karen J. Pita Loor |
AN ARGUMENT AGAINST UNBOUNDED ARREST POWER: THE EXPRESSIVE FOURTH AMENDMENT AND PROTESTING WHILE BLACK |
120 Michigan Law Review 1581 (June, 2022) |
Protesting is supposed to be revered in our democracy, considered as American as apple pie in our nation's mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets... |
2022 |
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