AuthorTitleCitationSummaryYearKey Terms
Saura Masconale , Simone M. Sepe CITIZEN CORP. - CORPORATE ACTIVISM AND DEMOCRACY 100 Washington University Law Review 257 (2022) Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this development as the rise of responsible capitalism. Popularized accounts have attacked the woke corporation as ideological, elitist, and fraudulent. Both views examine the new corporate... 2022  
Sean A. Berman COLLECTIVE MEMORY, CRIMINAL LAW, AND THE TRIAL OF DEREK CHAUVIN 72 Duke Law Journal 481 (November, 2022) This Note describes how criminal trials for prominent criminal acts contribute to the collective memory of the underlying offense. Hannah Arendt once argued that the purpose of criminal trials is to render justice, and nothing else. Unlike criminal trials, political trials strive to produce collective memory. This Note utilizes political trials... 2022  
Trey A. Duran COLLEGE CAMPUS POLICE ABOLITION 31-SPG Kansas Journal of Law & Public Policy 327 (Spring, 2022) There is a surprising lack of discussion about college campus police abolition in legal scholarship. Only within the last decade has legal scholarship begun to seriously discuss the movement to abolish prisons and police. This Article argues that college campus police abolitionists should gradually shift resources to social services and community... 2022  
Stephanie Bornstein CONFRONTING THE RACIAL PAY GAP 75 Vanderbilt Law Review 1401 (October, 2022) For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... 2022  
S. Priya Morley CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT 69 UCLA Law Review Discourse 100 (2022) The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... 2022  
  CONSTITUTIONAL LAW--FOURTH AMENDMENT--FOURTH CIRCUIT HOLDS WARRANTLESS ACCESS OF AERIAL SURVEILLANCE DATA UNCONSTITUTIONAL.--LEADERS OF A BEAUTIFUL STRUGGLE v. BALTIMORE POLICE DEPARTMENT, 2 F.4TH 330 (4TH CIR. 2021) 135 Harvard Law Review 920 (January, 2022) The Fourth Amendment safeguards [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. In Carpenter v. United States, the Supreme Court held that the ability to build a comprehensive chronicle of a person's movements over an extended period of time using cell phone... 2022  
Evelyn Douek CONTENT MODERATION AS SYSTEMS THINKING 136 Harvard Law Review 526 (December, 2022) C1-2CONTENTS Introduction. 528 I. The Standard Picture of Content Moderation. 535 II. The Standard Picture's Blind Spots. 539 A. Content Moderation Bureaucracies Are a They Not an It. 539 1. Non-Content-Based Content Moderation. 539 2. Cross-Platform and Government Cooperation. 542 3. Delegated Decisionmaking. 543 4. Design and Affordances. 545... 2022  
Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law CONTINUOUS ACTION TOWARD JUSTICE 37 Journal of Law and Religion 63 (January, 2022) (Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... 2022  
Angka E. Hinshaw, Esq. CONVERSATIONS: A TRIBUTE TO JUSTICE DAVID 56 Indiana Law Review 29 (2022) Justice David is a decorated former military lawyer and a respected Indiana judicial officer. But what is it like to work with him off the bench and in the community? Years ago, as a new attorney, I heard Justice David speak at the Indiana State Bar Association Leadership Development Academy (LDA) orientation retreat. He was fun, dynamic, and... 2022  
Jonathan Abel COP-"LIKE" ("<>"): THE FIRST AMENDMENT, CRIMINAL PROCEDURE, AND THE REGULATION OF POLICE SOCIAL MEDIA SPEECH 74 Stanford Law Review 1199 (June, 2022) Abstract. What happens when a law-enforcement officer makes an offensive comment on social media? Increasingly, police departments, prosecutors, courts, and the public have been confronted with the legal and normative questions resulting from officers' racist, sexist, and violent social media comments. On one side are calls for severe discipline... 2022  
Michaela S. Morrissey COPYRIGHT TAKES TO THE STREETS: PROTECTING GRAFFITI UNDER THE VISUAL ARTISTS RIGHTS ACT 56 University of Richmond Law Review 735 (Winter, 2022) Artists who choose the streets as their canvas--whether to beautify neighborhoods, spark political protest, or merely mark their territory--are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory.... 2022  
Nicholas F. Stump COVID, CLIMATE CHANGE, AND TRANSFORMATIVE SOCIAL JUSTICE: A CRITICAL LEGAL RESEARCH EXPLORATION 47 William and Mary Environmental Law and Policy Review 147 (Fall, 2022) This Article explores intertwined contemporary crises via the Critical Legal Research framework (CLR), as initially developed by the critical legal scholars Richard Delgado and Jean Stefancic. CLR as conceived of in this Article entails a truly radical approach to the legal research and analysis regime. While the traditional research regime--as... 2022  
Matthew A. Gasperetti CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS 76 University of Miami Law Review 525 (Winter, 2022) Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... 2022  
Bryonn Bain CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA 6 Howard Human & Civil Rights Law Review 159 (2021-2022) Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... 2022  
Abbe Smith DEFENDING GIDEON 26 U.C. Davis Social Justice Law Review 235 (Summer, 2022) C1-2Table of Contents Introduction. 236 I. Paul Butler's Critique of Gideon. 239 II. Individual Rights May Not Be Everything, but They Are Essential to Individual Dignity. 249 III. Rights Are for the Guilty as Well as the Innocent, an Understanding That Is Essential to Ending Mass Incarceration. 258 IV. Defenders Are Allies and Supporters of the... 2022  
Rick Su , Anthony O'Rourke , Guyora Binder DEFUNDING POLICE AGENCIES 71 Emory Law Journal 1197 (2022) This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding... 2022  
Lawrence J. Trautman DEMOCRACY AT RISK: DOMESTIC TERRORISM AND ATTACK ON THE U.S. CAPITOL 45 Seattle University Law Review 1153 (Summer, 2022) The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the... 2022  
Warigia M. Bowman DIKOS NITSAA'IGII-19 ("THE BIG COUGH"): COAL, COVID-19, AND THE NAVAJO NATION 73 Hastings Law Journal 975 (May, 2022) Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had already disfigured colonial society. From the sixteenth century forward, blood flowed in battles over racial supremacy. Moreover, we... 2022  
Jamelia Morgan DISABILITY, POLICING, AND PUNISHMENT: AN INTERSECTIONAL APPROACH 75 Oklahoma Law Review 169 (Autumn, 2022) Disabled people of color are uniquely vulnerable to policing and punishment. Proponents of police reform and, more recently, police abolition note that disabled people, particularly people with psychiatric disabilities, are vulnerable to citation and arrest. Indeed, data on the high percentages of people in prisons and jails who report having a... 2022  
Atinuke O. Adediran DISCLOSURES FOR EQUITY 122 Columbia Law Review 865 (May, 2022) This Article addresses how to increase funding to nonprofit organizations that are led by minorities or serve communities of color and how to hold corporations and private foundations who make public commitments to fund these organizations accountable for those commitments. The Article makes two policy recommendations to address these problems,... 2022  
Rachael Hanna, Eric Halliday DISCRETION WITHOUT OVERSIGHT: THE FEDERAL GOVERNMENT'S POWERS TO INVESTIGATE AND PROSECUTE DOMESTIC TERRORISM 55 Loyola of Los Angeles Law Review 775 (Summer, 2022) Following the Jan. 6, 2021, attack on the U.S. Capitol, elected officials and terrorism experts renewed calls for Congress to pass a domestic terrorism statute to empower the federal government to pursue white supremacists and other domestic terrorists. But, the debate over whether the federal government needs additional powers to investigate... 2022  
Anita L. Allen DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM 131 Yale Law Journal Forum 907 (2/20/2022) abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... 2022  
Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022  
Matthew L. Schafer DOES HOUCHINS v. KQED, INC. MATTER? 70 Buffalo Law Review 1331 (August, 2022) C1-2Contents Contents. 1331 Introduction. 1333 I. The Court's Access Jurisprudence. 1336 A. The Early Cases. 1337 1. Houchins v. KQED, Inc.. 1337 2. Gannett Co., Inc. v. DePasquale. 1367 3. Richmond Newspapers, Inc. v. Virginia. 1381 4. Globe Newspaper Co. v. Superior Court. 1397 B. The Later Cases. 1408 1. Press-Enterprise I (1984). 1409 2.... 2022  
Stefan J. Padfield DOES STAKEHOLDER CAPITALISM HAVE A (VIEWPOINT) DIVERSITY PROBLEM? 13 University of Puerto Rico Business Law Journal 1 (2022) Introduction 1 I. The Free Enterprise Project's 2021 Investor Value Voter Guide 2 A. FEP's Investor Guide: Letter from the Director 3 B. FEP's Investor Guide: Who We Are, What We Do & What's New for 2021 4 C. FEP's Investor Guide: 2021 Shareholder Proposals 5 D. FEP & Allied Proposals: Viewpoint Diversity 5 E. FEP & Allied Proposals: Stakeholder... 2022  
Rachel Moran DOING AWAY WITH DISORDERLY CONDUCT 63 Boston College Law Review 65 (January, 2022) Introduction. 66 I. Overview of Disorderly Conduct Laws. 70 A. Survey of Modern Disorderly Conduct Laws. 71 B. History and Evolution of Disorderly Conduct Laws. 75 II. Constitutional Problems with Disorderly Conduct Laws. 81 A. Facial Unconstitutionality. 81 B. Limiting Constructions to Avoid Facial Unconstitutionality. 85 C. Enabling... 2022  
Kaitlin Hocker DROPPING THE MIC ON INDIE ARTISTS: HOW TRADEMARK LAW FAILS TO PROTECT INDEPENDENT ARTISTS AGAINST MUSIC INDUSTRY GIANTS 30 Journal of Intellectual Property Law 189 (Fall, 2022) C1-2Table of Contents I. Introduction. 191 II. Background. 192 A. The Lady Antebellum Cases. 192 B. The Lanham Act vs. Common Law for Trademark Infringement Claims. 195 1. The Lanham Act. 195 2. Common Law. 197 C. Search Engine and Streaming Complications in Trademark Law. 198 III. ANALYSIS. 199 A. The Rebelution Case in Comparison with the Lady... 2022  
Chris Brummer , Leo E. Strine, Jr. DUTY AND DIVERSITY 75 Vanderbilt Law Review 1 (January, 2022) In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (DEI) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical... 2022  
E. Tendayi Achiume EMPIRE, BORDERS, AND REFUGEE RESPONSIBILITY SHARING 110 California Law Review 1011 (June, 2022) Introduction. 1011 I. Imperial Domination. 1018 II. Imperial Intervention. 1029 III. A New Praxis?. 1033 Conclusion. 1038 2022  
Lisa M. Fairfax EMPOWERING DIVERSITY AMBITION: BRUMMER AND STRINE'S DUTY AND DIVERSITY MAKES THE LEGAL AND BUSINESS CASE FOR DOING MORE, DOING GOOD, AND DOING WELL 75 Vanderbilt Law Review En Banc 131 (2022) I. Corporate Diversity Leadership and Racial Inequity: A Tie that Binds. 134 II. Another Look at the Business Rationale. 140 III. Corporate Law as Diversity Mandate and Diversity Safe Harbor: Refuting the Myths of Diversity Detractors. 146 Conclusion. 154 2022  
Andrew Gilden ENDORSING AFTER DEATH 63 William and Mary Law Review 1531 (April, 2022) An endorsement is an act of giving one's public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair... 2022  
Scott Devito, Kelsey Hample, Erin Lain EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION 55 University of Michigan Journal of Law Reform 597 (Spring, 2022) The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... 2022  
Molly Crain FINES, FEES, & FELON DISENFRANCHISEMENT: AN UNJUST PUNISHMENT BARRING A FUNDAMENTAL RIGHT 110 Kentucky Law Journal 381 (2021-2022) Table of Contents. 381 Introduction. 382 I. Three Background Discussions. 384 A. The Origins of Felon Disenfranchisement and the Fundamental Right to Vote. 384 B. A State's Right to Disenfranchise: Modern Precedent and Historically Racist Ties. 386 i. Richardson v. Ramirez. 386 ii. Proposition 17. 387 iii. Historically Racist Ties. 388 C.... 2022  
Cynthia Lee FIREARMS AND INITIAL AGGRESSORS 101 North Carolina Law Review 1 (December, 2022) Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... 2022  
Erica Goldberg FIRST AMENDMENT CONTRADICTIONS AND PATHOLOGIES IN DISCOURSE 64 Arizona Law Review 307 (Summer, 2022) A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections are justified by the idea that rational, informed deliberation leads to peaceful decision-making, yet our marketplace of ideas is crowded with lies, reductive narratives,... 2022  
Isabelle R. Gunning FOREWORD 50 Southwestern Law Review 397 (2022) Southwestern Law Review's Spring Symposium Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality, produced in collaboration with the Southwestern Black Law Students Association seeks to respond to the mass movement for change that resulted from the murders of George Floyd, Breonna Taylor and numerous other African... 2022  
John Hasnas FREE SPEECH ON CAMPUS: COUNTERING THE CLIMATE OF FEAR 20 Georgetown Journal of Law & Public Policy 975 (Special Issue 2022) Similar to the entertainment industry in the time of the blacklist, a climate of fear has descended on the nation's universities and colleges. It is the fear of being punished, not for what one does, but for what one says. Today, students and faculty frequently refrain from expressing unpopular or offensive positions--often conservative,... 2022  
Danielle Palmieri FROM INTERROGATION TO TRUTH: THE JUVENILE CUSTODIAL INTERROGATION, FALSE CONFESSIONS, AND HOW WE THINK ABOUT KIDS IN TROUBLE 54 Connecticut Law Review Online 1 (May, 2022) False confessions are a prominent contributor to wrongful convictions. Yet law enforcement interrogation tactics, such as lying, deceit, and pressure, lead to false confessions and are practiced widely on adults and juveniles alike. This Article presents the unique psychological, cognitive, and social characteristics of juveniles which make them... 2022  
Katharine Waters FROM SCHOOLHOUSE GATE TO LOCKER ROOM DOOR: THE STUDENT ATHLETE'S CONSTITUTIONAL RIGHT TO PROTEST AT A PUBLIC UNIVERSITY DOES NOT STOP AT THE HARDWOOD 73 Hastings Law Journal 1593 (July, 2022) The Supreme Court has not faced a case involving the public university student athlete's right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests stemming from the arena of sports is nothing new, and athletes are supported by a long and rich history of influential professional... 2022  
David McNamee FUNDAMENTAL LAW, FUNDAMENTAL RIGHTS, AND CONSTITUTIONAL TIME 55 Indiana Law Review 319 (2022) This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation--as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary... 2022  
Brian L. Owsley GEORGE FLOYD, GENERAL WARRANTS, AND CELL-SITE SIMULATORS 59 American Criminal Law Review 149 (Winter, 2022) The Fourth Amendment was enacted to prevent the government from utilizing general warrants. Instead, the government must obtain a warrant that is based on the specificity or particularity of the person, place, or thing to be searched. This approach evolved from a property-centric approach to safeguarding Fourth Amendment rights to one that is based... 2022  
David D. Coyle GETTING IT RIGHT: WHETHER TO OVERTURN QUALIFIED IMMUNITY 17 Duke Journal of Constitutional Law & Public Policy 283 (Spring, 2022) Qualified immunity, the defense available to police officers and other government officials facing civil rights lawsuits, has increasingly come under attack. In recent opinions, Justice Clarence Thomas has noted his growing concern that the Court's current qualified immunity jurisprudence, which deals with whether a right is clearly established,... 2022  
Veryl Pow GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION 69 UCLA Law Review 80 (March, 2022) In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... 2022  
Melissa Charbonneau GUN VIOLENCE: THE AMERICAN HATE CRIME EPIDEMIC 28 Public Interest Law Reporter 19 (Fall, 2022) In the United States, 321 people are shot every day. Whether it occurs directly to you or to a family member or friend, or whether one simply witnesses the recurring events on the news, it is one of the few constants in all our lives. In the United States alone, there have been 38,421 gun violence deaths as of November 12, 2022. With a number that... 2022  
Jonathan Turley HARM AND HEGEMONY: THE DECLINE OF FREE SPEECH IN THE UNITED STATES 45 Harvard Journal of Law & Public Policy 571 (Spring, 2022) Throughout its history, the United States has struggled with movements that aim to silence others through state or private action. These periods have been pendulous, with acute suppression followed by relative tolerance for free speech. This boom-or-bust pattern for free speech may well continue. However, the United States is arguably living... 2022  
Shirin Sinnar HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE 110 California Law Review 489 (April, 2022) Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... 2022  
Janelle Lamb HE SAID. SHE SAID. THE IPHONE SAID. THE USE OF SECRET RECORDINGS IN DOMESTIC VIOLENCE LITIGATION 110 California Law Review 1095 (June, 2022) Trigger Warning: This Note describes graphic scenes of domestic violence. It also discusses child abuse, elder abuse, and sexual assault. This Note explores the use of secret recordings in domestic violence litigation. It is particularly concerned with how the criminalization of domestic violence influences the laws governing the creation and use... 2022  
Almeta E. Cooper , Michael W. Peregrine HEALTH EQUITY AND CORPORATE GOVERNANCE IN HEALTH CARE ORGANIZATIONS: CHALLENGES, RISKS, RESOURCES, AND STRATEGIC RESPONSES 16 Journal of Health & Life Sciences Law 74 (2022) ABSTRACT: Oversight of health equity in the delivery of quality medical care is the primary responsibility of health care organizations' governing bodies. Failure to make it a priority could result in a breach of the duty of care and oversight by the health care organization. The number and breadth of challenging crises affecting the health care... 2022  
Marie Carp HEALTH IN ALL POLICIES: AN APPROACH TO COMBATTING RACISM'S IMPACT ON PUBLIC HEALTH 67 Wayne Law Review 457 (Winter, 2022) I. Introduction. 457 II. Background. 460 A. Racism as a Public Health Crisis. 460 B. Governor Whitmer's Executive Directive. 462 1. Data Collection and Analysis. 463 2. Policy and Planning. 463 3. Engagement, Communication, and Advocacy. 464 4. Implicit Bias Training. 464 C. Proposed Policies and Legislation in Michigan. 465 D. Other State and... 2022  
Brendan Williams HOSTILE SHORES: RACIAL EXCLUSION LAWS AND THE WEST COAST 28 Cardozo Journal of Equal Rights & Social Justice 559 (Spring, 2022) I. California and Chinese Exclusion. 562 II. Oregon and Black Exclusionary Laws. 568 III. Washington and Anti-Japanese Laws. 570 IV. The West Coast Origins of Japanese Internment. 572 V. Race and the West Coast Today. 574 2022  
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