AuthorTitleCitationSummaryYearKey Terms
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  
Norrinda Brown Hayat HOUSING THE DECARCERATED: COVID-19, ABOLITION & THE RIGHT TO HOUSING 110 California Law Review 639 (June, 2022) The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the culture of exclusion that has long pervaded... 2022  
Tabatha Abu El-Haj HOW THE LIBERAL FIRST AMENDMENT UNDER-PROTECTS DEMOCRACY 107 Minnesota Law Review 529 (December, 2022) Introduction. 530 I. The First Amendment as Underwriter. 539 II. The Court's Theoretical Missteps. 545 A. Public Assembly. 547 B. Elections and a Meaningful Right to Vote. 552 III. Under-Protection of Political Conduct. 557 A. Limited Protection for Disruptive Protesters and Assemblies. 558 B. Under-Protecting Voting and the Integrity of the... 2022  
Mitchell F. Crusto HOW TO GET AWAY WITH MURDER: WHEN A WHITE MALE POLICE OFFICER KILLS A YOUNG BLACK PERSON 79 Washington and Lee Law Review Online 1 (1/18/2022) Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified... 2022  
Princess Diaz-Birca IN THE NAME OF "TERRORISM": SILENCING DISSENT IN SAUDI ARABIA 14 Northeastern University Law Review 631 (June, 2022) Introduction I. History A. Domestic Terrorism B. KSA Specialized Criminal Court II. Eradicating Terrorism: A System of Lawful Oppression A. Defining Terrorism: An International Proposal B. Defining Terrorism: The KSA Counter-Terror Laws C. Institutional Violence: Systemic Violations of Human Rights D. Institutional Violence: Torture and Coerced... 2022  
Chaumtoli Huq INTEGRATING A RACIAL CAPITALISM FRAMEWORK INTO FIRST-YEAR CONTRACTS: A PATHWAY TO ANTI-CAPITALIST LAWYERING 35 Journal of Civil Rights & Economic Development 181 (Spring, 2022) I came to theory because I was hurting--the pain within me was so intense that I could not go on living. I came to theory desperate, wanting to comprehend--to grasp what was happening around and within me. Most importantly, I wanted to make the hurt go away. I saw in theory then a location for healing. [T]he practice of theory is informed by... 2022  
Suzette M. Malveaux IS IT TIME FOR A NEW CIVIL RIGHTS ACT? PURSUING PROCEDURAL JUSTICE IN THE FEDERAL CIVIL COURT SYSTEM 63 Boston College Law Review 2403 (November, 2022) Introduction. 2405 I. Procedural Law Has Reached a Tipping Point. 2409 A. Pleadings. 2410 B. Class Actions. 2415 C. Arbitration. 2425 II. Institutional Competencies: Why Congress Should Make the Course Correction. 2436 A. Supreme Court Versus Rule-Makers. 2437 B. Rule-Makers Versus Congress. 2442 C. Congress as Solution. 2445 III. It Is Time for a... 2022  
Cole Craghan IT SHOULD NOT MATTER WHAT TYPE OF OFFICER WRONGLY ARRESTS YOU: USING CIVIL RIGHTS ACTIONS TO PROTECT PEACEFUL PROTESTORS 48 Journal of Legislation 370 (2022) On June 1, 2020, an operation headed by the United States Park Police (USPP) and the U.S. Secret Service cleared protestors from Lafayette Square outside the White House. At the same time, then-President Trump spoke nearby in the Rose Garden; he recommended that governors across the country dominate the streets and declared that he would deploy... 2022  
Andra Gillespie, Associate Professor, Department of Political Science, Emory University JOHN LEWIS AND THE DURABILITY OF TRANSCENDENT RACE POLITICS 37 Journal of Law and Religion 55 (January, 2022) John Lewis's civil rights activism in the 1960s often obscures the fact that he won elective office as a racially moderate politician. Scholars have long noted the efficacy of using deracialized, or racially transcendent, campaign strategies to get elected, despite normative concerns. These strategies were critical to electing Black governors,... 2022  
Cashmere Cozart JOHNSON v. CITY OF FERGUSON: UNREASONABLE SEIZURES OF BYSTANDERS OF POLICE BRUTALITY 55 UIC Law Review 587 (Fall, 2022) I. Introduction. 587 II. Background. 588 A. The Altercation that Led to Michael Brown's Murder. 589 B. The Indictment. 590 C. The Department of Justice Findings on Policing in Ferguson. 591 D. Procedural History of Dorian Wilson's Suit. 594 E. The Eighth Circuit Affirmed the District Court. 596 III. Court's Analysis. 599 A. The En Banc Panel Held... 2022  
Ben Waldron, Richard Bales K-12 NONTRADITIONAL BARGAINING IN A TIME OF COVID-19: BUILDING SOLIDARITY BETWEEN MOVEMENTS THROUGH SHARED GRIEVANCES 20 Seattle Journal for Social Justice 501 (Winter, 2022) By focusing on shared community grievances related to the conditions created by the coronavirus disease (COVID-19) pandemic, teachers today can replicate their successes in the 2018-2019 teachers' strikes using similar labor tactics. The 2018-2019 strikes started with teachers demanding better funding for public education, but then expanded as... 2022  
Justin Hansford KEYNOTE ADDRESS 45 Seattle University Law Review 787 (Spring, 2022) Dontay Proctor-Mills: Good afternoon, everyone. Welcome back as we move into the latter part in the end of today's symposium, it is my pleasure to introduce our keynote speaker Professor Justin Hansford, Howard University School of Law Professor and Executive Director of the Thurgood Marshall Civil Rights Center. Professor Hansford was previously a... 2022  
Ann C. McGinley LABORATORIES OF DEMOCRACY: STATE LAW AS A PARTIAL SOLUTION TO WORKPLACE HARASSMENT 30 American University Journal of Gender, Social Policy and the Law 245 (2022) I. Introduction: Structural, Legal, and Political Failures. 246 II. Analysis of the Current Situation in Federal Anti-Harassment Law. 255 A. Procedural Injustice. 255 i. Summary Judgments and Dismissals. 256 ii. Burdens of Persuasion: Differential Treatment. 258 iii. Removal to Federal Court. 261 B. Substantive Injustice in Sex- and Race-Based... 2022  
Frank W. Munger, Carroll Seron LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA 66 New York Law School Law Review 175 (2021/2022) EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... 2022  
Barry Friedman LAWLESS SURVEILLANCE 97 New York University Law Review 1143 (October, 2022) Policing agencies in the United States are engaging in mass collection of personal data, building a vast architecture of surveillance. License plate readers collect our location information. Mobile forensics data terminals suck in the contents of cell phones during traffic stops. CCTV maps our movements. Cheap storage means most of this is kept for... 2022  
Laila L. Hlass LAWYERING FROM A DEPORTATION ABOLITION ETHIC 110 California Law Review 1597 (October, 2022) This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... 2022  
Donald J. Polden LEADING LAW FIRMS IN THE "NEW NORMAL": RECOVERING FROM CRISES THROUGH LEADERSHIP DEVELOPMENT 63 Santa Clara Law Review 223 (2022) Beginning in 2008, the first of three major crises hit the nation and had global implications and effects, including significant ones for the legal profession. Those crises were the financial crisis of 2008, followed by the social justice movements reflecting outrage at several highly-publicized police killings of Black men and women, and, most... 2022  
To Nhu Huynh LEGAL EPIDEMIOLOGY FOR RACIAL HEALTH EQUITY 21 Houston Journal of Health Law & Policy 411 (2022) Introduction. 413 I. The Need to Integrate Racial Health Equity Considerations into Policy-Making. 417 II. Legal Epidemiology: the Microscope to Study Laws. 420 III. Legal Epidemiology in Action. 426 A. Case Study 1: Tracking Legal Responses to COVID-19 in 51 Jurisdictions. 427 1. Efforts to Track Legal Responses to COVID-19. 427 2. Preliminary... 2022  
Daniel S. Harawa LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE 110 California Law Review 681 (June, 2022) The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... 2022  
Kelsey Goldman LETTING THE CAT OUT OF THE BAG: HOW LACK OF ACCESS TO ANIMAL COMPANIONSHIP AND HUSBANDRY FOSTERS INEQUALITY FOR BLACK AMERICANS 12 UC Irvine Law Review 693 (February, 2022) Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and... 2022  
Ingrid V. Eagly, Joanna C. Schwartz LEXIPOL'S FIGHT AGAINST POLICE REFORM 97 Indiana Law Journal 1 (Winter, 2022) We are in the midst of a critically important moment in police reform. National and local attention is fixed on how to reduce the number of people killed and injured by the police. One approach--which has been recognized for decades to reduce police killings--is to limit police power to use force. This Article is the first to uncover how an... 2022  
Michael M. Oswalt LIMINAL LABOR LAW 110 California Law Review 1855 (December, 2022) How do people, organizations, and even movements bounce back from losses and setbacks? For organized labor, the disappointments are routinely legal: an overturned precedent, a loss of coverage, or even the accelerated degradation of the National Labor Relations Act (Act) regime itself. In aggregate, these and other law-based defeats pose a serious,... 2022  
Erin Adele Scharff LOCAL BUDGETS, LOCAL DECISIONS: THE HOME RULE FOR THE 21ST CENTURY PROJECT'S STATE SUPPORT FOR LOCAL DEMOCRACY PROVISIONS 100 North Carolina Law Review 1505 (June, 2022) As scholars of local government have long noted, without adequate local revenue, home rule provides hollow legal authority. Recognizing the importance of local revenue, the National League of Cities' Principles of Home Rule for the 21st Century (Principles) explicitly includes taxation as a power granted by home rule and articulates a... 2022  
Thea Johnson LYING AT PLEA BARGAINING 38 Georgia State University Law Review 673 (Spring, 2022) This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply... 2022  
Livia Luan MAKING VICTIMS WHOLE AGAIN: USING RESTORATIVE JUSTICE TO HEAL HATE CRIME VICTIMS, REFORM OFFENDERS, AND STRENGTHEN COMMUNITIES 37 Temple International and Comparative Law Journal 161 (Fall, 2022) The traditional framework for addressing hate crime in the United States centers on punishing offenders. These punitive measures tend to expose offenders, as well as victims and their communities, to more policing and to funnel offenders into the system of mass incarceration--all while failing to address the root causes of hate crime. Although the... 2022  
Adam A. Davidson MANAGING THE POLICE EMERGENCY 100 North Carolina Law Review 1209 (May, 2022) There is a policing emergency in the United States. Police across the country cause massive, widespread, and unpredictable physical harm--killings, beatings; psychological harm--negative stress-related birth and educational outcomes, general worsened mental health; and sociological harm--advancing the racial, gender, and economic hierarchies that... 2022  
Ronald J. Coleman MEASURING POLICE BODY CAMERA INFRASTRUCTURE 62 Santa Clara Law Review 273 (2022) Police body cameras have been in ascendancy since at least the 2014 deaths of Eric Garner and Michael Brown, and body cameras are poised to play an increasing role in law enforcement following the more recent deaths of George Floyd, Daunte Wright, and others. Indeed, President Biden, himself, has repeatedly called for the passage of the George... 2022  
John W. Bagby , Robert J. Aalberts , Chad G. Marzen MEDICAL MARTIAL LAW: TOWARDS A MORE EFFECTIVE PANDEMIC POLICY 47 Southern Illinois University Law Journal 1 (Fall, 2022) In early 2020, prophylactic actions and draconian proposals targeted the confinement of COVID-19 virus contagion vectors. Law, politics, geography, and the epidemiological sciences are intimately involved in structuring inter-disciplinary policy responses to balance curbs to the disease's devastation to human population health and the economic... 2022  
Kris Franklin MEDITATIONS ON TEACHING WHAT ISN'T: THEORIZING THE INVISIBLE IN LAW AND LAW SCHOOL 66 New York Law School Law Review 387 (2021/2022) Make an effort to remember. Or, failing that, invent. The hardest thing to comprehend is what is not visible. Because, of course, not visible does not mean not present. It simply means not capable of being seen. This essay is an effort to weave together disparate thoughts about what in law may be not visible, not seen, and yet, not... 2022  
Brandon Hasbrouck MOVEMENT CONSTITUTIONALISM 75 Oklahoma Law Review 89 (Autumn, 2022) The white supremacy at the heart of the American criminal legal system works to control Black, Brown, and poor people through mass incarceration. Poverty and incarceration act in a vicious circle, with reactionaries mounting a desperate defense against any attempt to mitigate economic exploitation or carceral violence. Ending the cycle will require... 2022  
Brandon Hasbrouck MOVEMENT JUDGES 97 New York University Law Review 631 (May, 2022) Judges matter. The opinions of a few impact the lives of many. Judges romanticize their own impartiality, but apathy in the face of systems of oppression favors the status quo and clears the way for conservative agendas to take root. The lifetime appointments of federal judges, the deliberate weaponization of the bench by reactionary opponents of... 2022  
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