| Author | Title | Citation | Summary | Year | Key Terms |
| Nia A.D. Langley |
#SEEHERNAME: USING INTERSECTIONALITY AND STORYTELLING TO BRING VISIBILITY TO BLACK WOMEN IN EMPLOYMENT DISCRIMINATION AND POLICE BRUTALITY |
14 DePaul J. for Soc. Just. 1 [DePaul Journal for Social Justice] (Summer, 2021) |
C1-2Table of Contents I. Introduction. 2 II. Intersectionality. 4 III. Intersectional Challenges In 2021. 4 A. Employment Discrimination. 5 1. Intersectionality's Legal Status. 6 2. Hair Discrimination. 7 B. Police Brutality. 12 1. Black Women and Black Men Experience Police Brutality Similarly. 13 2. Black Women and Black Men Experience Police... |
2021 |
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| Angela Onwuachi-Willig, Anthony V. Alfieri |
(RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 |
130 Yale L.J. 2052 [Yale Law Journal] (June, 2021) |
This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... |
2021 |
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| Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr |
§ 1.5(j) Achieving equality in the application of the process |
CRIMPROC § 1.5(j) [Criminal Procedure] (2021) |
In a society dedicated to achieving equal justice under law, it is only natural that another goal of the criminal justice process is to achieve equality in the administration of the process. The primary concern here is that each jurisdiction be evenhanded in its treatment of persons subjected to the process. This does not mean that procedures... |
2021 |
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| Rodney A. Smolla |
§ 10:44. Imposing liability against organizers and leaders of protests and demonstrations |
FREESPEECH § 10:44 [Smolla & Nimmer on Freedom of Speech] (2021) |
When public demonstrations, marches, and protests are conducted in public spaces, violence at times ensues. America has experienced many such events, including the activities in Charlottesville in 2017, and the massive national protests surrounding the murder of George Floyd in 2020. These may range from minor skirmishes, to serious acts of... |
2021 |
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| Ted A. Donner, J.D., Richard K. Gabriel |
§ 3:2. Discrimination in jury selection |
JURYSELECT § 3:2 [Jury Selection Strategy and Science] (2021) |
The Constitution and federal statutory law require that potential jurors not be excluded from jury service as a result of intentional racial discrimination. Until recently, however, there was no prohibition against discriminatory conduct in the ABA Model Rules for Professional Conduct, except to the extent that it was eluded to in the Comment to... |
2021 |
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§ 4:34. Explanations that may be inadequate as a matter of law-Inherently discriminatory explanations |
JURYWORK § 4:34 [Jurywork Systematic Techniques] (2021) |
A peremptory challenge based on the proponents assumption or intuitive judgment that a Black juror will favor a Black defendant because of their shared race is not legally sufficient at Step 2. Batson, 476 U.S. at 97. Not surprisingly, most of the cases in which prosecutors explicitly characterized their explanations in this manner were... |
2021 |
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| Martin A. Schwartz |
§ 5.06 SURVEY OF JUDICIAL NOTICE IN CIVIL RIGHTS CASES |
SNETLFE § 5.06 [Aspen Publishers] (2021) |
The decisions surveyed in this section pertain primarily to judicial notice of adjudicative facts. However, the line between adjudicative and legislative facts is not always clear. Further, courts frequently take judicial notice without specifying whether the fact is adjudicative or legislative in character. Thus, while the main goal in this... |
2021 |
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§ 5104 Facts Judicially Noticeable; Indisputability |
FPP § 5104 (2021) |
Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... |
2021 |
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§ 9:1. Artists, Art Practice and the Art Community |
ARTARCHLAW § 9:1 (2021) |
Artists are subject to the demands of [their] imagination." This Chapter on Artist Rights was written in the 1990s and updated in parts during the last twenty years. In those two decades |
2021 |
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| Flaum, Brennan, Scudder |
¶ 11,289 CONSTELLATION BRANDS U.S. OPERATIONS, INCORPORATED, DOING BUSINESS AS WOODBRIDGE WINERY, PETITIONER, CROSS-RESPONDENT V NATIONAL LABOR RELATIONS BOARD, RESPONDENT, CROSS-PETITIONER. |
Labor & Empl. L. P 11289 [Labor & Employment Law] (2021) |
Constellation Brands U.S. Operations, Incorporated, doing business as Woodbridge Winery, Petitioner, Cross-Respondent v National Labor Relations Board, Respondent, Cross-Petitioner. 171 LC ¶ 11,289. U.S. Court of Appeals, Seventh Circuit. Nos. 19-1321 & 19-1549. 2021 U.S. App. LEXIS 9229. March 30, 2021. 171 LC ¶ 11,289. Petition for Review and... |
2021 |
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¶ 33,041 STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) |
NLRB Cas. Handling Man. (CCH) P 33041 [NLRB Case Handling Manual (CCH)] (2021) |
In memorandum GC 21-08, issued September 29, 2021, NLRB General Counsel Jennifer Abruzzo provides updated guidance on her prosecutorial position that certain student athletes are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. Although her memo is directed to Regional Directors,... |
2021 |
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¶ 33,041 STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) |
NLRB Cas. Handling Man. (CCH) P 33041 [NLRB Case Handling Manual (CCH)] (2021) |
In memorandum GC 21-08, issued September 29, 2021, NLRB General Counsel Jennifer Abruzzo provides updated guidance on her prosecutorial position that certain student athletes are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. Although her memo is directed to Regional Directors,... |
2021 |
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¶ 378,260 DENNIS BLACK, CHARLES CUNNINGHAM, KENNETH HOLLIS, AND DELPHI SALARIED RETIREE ASSOCIATION, PETITIONERS, V. PENSION BENEFIT GUARANTY CORPORATION, RESPONDENT. |
Pens. Plan Guide (CCH) P 378260 [Pension Plan Guide (CCH)] (2021) |
DENNIS BLACK, CHARLES CUNNINGHAM, KENNETH HOLLIS, AND DELPHI SALARIED RETIREE ASSOCIATION, Petitioners, v. PENSION BENEFIT GUARANTY CORPORATION, Respondent. No. 21-495. U.S. Supreme Court. July 1, 2021 PETITION FOR A WRIT OF CERTIORARI (REDACTED FOR PUBLIC RECORD) On Petition for a Writ of Certiorari to the United States Court of Appeals for the... |
2021 |
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¶ 46,696 SUVERINO FRITH, ET AL., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS V WHOLE FOODS MARKET, INC., AND AMAZON.COM, INC., DEFENDANTS. |
Empl. Prac. Guide P 46696 [Employment Practices Guide] (2021) |
Suverino Frith, et al., individually and on behalf of all others similarly situated, Plaintiffs v Whole Foods Market, Inc., and Amazon.com, Inc., Defendants. 105 EPD ¶ 46,696. U.S. District Court, D. Massachusetts. Civil Action No. 20-cv-11358-ADB. 2021 US Dist LEXIS 22173. February 5, 2021. Granted; granted in part. Burroughs, D.J.: Plaintiffs,... |
2021 |
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¶ 46,746 JOHNNY STRICKLAND, PLAINTIFF-APPELLANT V CITY OF DETROIT, MICHIGAN; JAMES CRAIG; MARK BLISS; RODNEY BALLINGER; STEVEN MURDOCK; CASEY SCHIMECK; DEANNA WILSON, DEFENDANTS-APPELLEES. |
Empl. Prac. Guide P 46746 [Employment Practices Guide] (2021) |
Johnny Strickland, Plaintiff-Appellant v City of Detroit, Michigan; James Craig; Mark Bliss; Rodney Ballinger; Steven Murdock; Casey Schimeck; Deanna Wilson, Defendants-Appellees. 105 EPD ¶ 46,746. U.S. Court of Appeals, Sixth Circuit. No. 19-2373. 2021 US App LEXIS 11934. 995 F.3d 495. April 22, 2021. Appeal from United States District Court,... |
2021 |
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¶ 9444 NLRB MEMORANDUM: STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) |
Labor & Empl. L. P 9444 [Labor & Employment Law] (2021) |
¶ 9444 On January 31, 2017, the Office of the General Counsel issued GC 17-01, which addressed various issues regarding the statutory rights of university faculty and/or students under the National Labor Relations Act (the Act or NLRA). That memo summarized pertinent representation case decisions and was intended to serve as a guide for... |
2021 |
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| Jeffrey S. Moorad Sports Law Journal Symposium |
2021: ENTERING THE NEW SPORTS NORMAL |
28 Jeffrey S. Moorad Sports L.J. 217 [Jeffrey S. Moorad Sports Law Journal] (2021) |
How has a global pandemic changed the sports landscape? What does the future role of the student-athlete look like? What part do sports teams and players have in social justice movements? The 2021 Jeffrey S. Moorad Sports Law Symposium discussed these topics from the past year and took a look forward as we enter a new sports normal. We were... |
2021 |
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| Jeffrey S. Moorad Sports Law Journal Symposium |
2021: ENTERING THE NEW SPORTS NORMAL |
28 Jeffrey S. Moorad Sports L.J. 217 [Jeffrey S. Moorad Sports Law Journal] (2021) |
How has a global pandemic changed the sports landscape? What does the future role of the student-athlete look like? What part do sports teams and players have in social justice movements? The 2021 Jeffrey S. Moorad Sports Law Symposium discussed these topics from the past year and took a look forward as we enter a new sports normal. We were... |
2021 |
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| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 N.Y.U. Ann. Surv. Am. L. 375 [New York University Annual Survey of American Law] (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
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| Phillip Atiba Goff , Kim Shayo Buchanan |
A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE |
76 N.Y.U. Ann. Surv. Am. L. 375 [New York University Annual Survey of American Law] (2021) |
Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... |
2021 |
|
| Ari B. Rubin |
A FACIAL CHALLENGE: FACIAL RECOGNITION TECHNOLOGY AND THE CARPENTER DOCTRINE |
27 Rich. J.L. & Tech. 3 [Richmond Journal of Law and Technology] (2021) |
In the 1943 Alfred Hitchcock film, Shadow of a Doubt, a handsome, young Uncle Charlie visits his sister's family, including a teenage niece, in the suburbs. Soon after Uncle Charlie's arrival, the niece notices an unusual quirk: more than camera shy, Uncle Charlie refuses to be caught on film at all. Uncle Charlie steps out of frame whenever a... |
2021 |
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| Ari B. Rubin |
A FACIAL CHALLENGE: FACIAL RECOGNITION TECHNOLOGY AND THE CARPENTER DOCTRINE |
27 Rich. J.L. & Tech. 3 [Richmond Journal of Law and Technology] (2021) |
In the 1943 Alfred Hitchcock film, Shadow of a Doubt, a handsome, young Uncle Charlie visits his sister's family, including a teenage niece, in the suburbs. Soon after Uncle Charlie's arrival, the niece notices an unusual quirk: more than camera shy, Uncle Charlie refuses to be caught on film at all. Uncle Charlie steps out of frame whenever a... |
2021 |
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| Bennett A. Herbert |
A GLOBAL PANDEMIC AND A WILDCAT STRIKE: HOW COVID-19 AND CIVIL UNREST COULD IMPACT THE NBA'S LABOR RELATIONS |
17 DePaul J. Sports L. 59 [DePaul Journal of Sports Law] (Spring, 2021) |
There's not a mechanism in it (the NBA's collective bargaining agreement) that works to properly set the cap when you've got so much uncertainty. The COVID-19 pandemic of 2020 has rocked every facet of the legal world. This is especially true for labor relations related to force majeure clauses. As businesses, employees, and customers jockey for... |
2021 |
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| Senator José Menéndez, Pearl D. Cruz |
A GUIDE TO THE 87TH TEXAS LEGISLATIVE SESSION |
23 Scholar: St. Mary's L. Rev. & Soc. Just. 411 [Scholar: St. Mary's Law Review on Race and Social Justice] (2021) |
[W]e will rebuild, reconcile and recover[,] and every known nook of our nation and[,] every corner called our country, our people diverse and beautiful will emerge, battered and beautiful[.] When day comes we step out of the shade, aflame and unafraid[.] The new dawn blooms as we free it. For there is always light, if only we're brave enough to see... |
2021 |
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| Senator José Menéndez, Pearl D. Cruz |
A GUIDE TO THE 87TH TEXAS LEGISLATIVE SESSION |
23 Scholar: St. Mary's L. Rev. & Soc. Just. 411 [Scholar: St. Mary's Law Review on Race and Social Justice] (2021) |
[W]e will rebuild, reconcile and recover[,] and every known nook of our nation and[,] every corner called our country, our people diverse and beautiful will emerge, battered and beautiful[.] When day comes we step out of the shade, aflame and unafraid[.] The new dawn blooms as we free it. For there is always light, if only we're brave enough to see... |
2021 |
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| Aglae Eufracio |
A HUMAN RIGHTS CRISIS UNDER OUR ROOF |
23 Scholar: St. Mary's L. Rev. & Soc. Just. 201 [Scholar: St. Mary's Law Review on Race and Social Justice] (2021) |
Introduction. 201 I. Nicaragua: Daniel Ortega Seized a Country. 205 II. Guinea: A Young Country Without Peace. 212 III. United States of America: A Country That Can't Breathe. 220 Conclusion. 232 |
2021 |
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| Aglae Eufracio |
A HUMAN RIGHTS CRISIS UNDER OUR ROOF |
23 Scholar: St. Mary's L. Rev. & Soc. Just. 201 [Scholar: St. Mary's Law Review on Race and Social Justice] (2021) |
Introduction. 201 I. Nicaragua: Daniel Ortega Seized a Country. 205 II. Guinea: A Young Country Without Peace. 212 III. United States of America: A Country That Can't Breathe. 220 Conclusion. 232 |
2021 |
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| Taleed El-Sabawi , Jennifer J. Carrolla |
A MODEL FOR DEFUNDING: AN EVIDENCE-BASED STATUTE FOR BEHAVIORAL HEALTH CRISIS RESPONSE |
94 Temp. L. Rev. 1 [Temple Law Review] (Fall, 2021) |
Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic... |
2021 |
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| Tyler Valeska |
A PRESS CLAUSE RIGHT TO COVER PROTESTS |
65 Wash. U. J.L. & Pol'y 151 [Washington University Journal of Law & Policy] (2021) |
Someday, a court may need to decide whether the First Amendment protects journalists . as distinct from the public generally, from having to comply with an otherwise lawful order to disperse from city streets when [they] seek to observe, document, and report the conduct of law enforcement personnel; but today is not that day. As protests have... |
2021 |
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| Tyler Valeska |
A PRESS CLAUSE RIGHT TO COVER PROTESTS |
65 Wash. U. J.L. & Pol'y 151 [Washington University Journal of Law & Policy] (2021) |
Someday, a court may need to decide whether the First Amendment protects journalists . as distinct from the public generally, from having to comply with an otherwise lawful order to disperse from city streets when [they] seek to observe, document, and report the conduct of law enforcement personnel; but today is not that day. As protests have... |
2021 |
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| Alexis Hoag |
ABOLITION AS THE SOLUTION: REDRESS FOR VICTIMS OF EXCESSIVE POLICE FORCE |
48 Fordham Urb. L.J. 721 [Fordham Urban Law Journal] (March, 2021) |
Introduction. 721 I. An Attempt at Redress: The Civil Rights Act of 1866. 726 II. Reconstruction Redux: 18 U.S.C. § 242. 730 III. Abolitionist Framework. 735 IV. Abolitionist Solutions. 738 A. Reparations. 739 B. Divest and Reinvest. 741 Conclusion. 742 |
2021 |
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| Lisa Kelly |
ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE |
17 Stan. J. Civ. Rts. & Civ. Liberties 255 [Stanford Journal of Civil Rights & Civil Liberties] (June, 2021) |
The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... |
2021 |
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| Rachel Foran, Mariame Kaba, Katy Naples-Mitchell |
ABOLITIONIST PRINCIPLES FOR PROSECUTOR ORGANIZING: ORIGINS AND NEXT STEPS |
16 Stan. J. Civ. Rts. & Civ. Liberties 496 [Stanford Journal of Civil Rights & Civil Liberties] (2021) |
L1-2Introduction . L3496 I. History & Recent Roots Of Progressive Prosecution. 506 II. Abolition, Not Reform. 517 III. What Do We Believe?. 518 A. Abolitionist Principles for Prosecutor Organizing. 519 IV. Abolitionist Organizing Strategies Focused on the Prosecuting Office. 520 A. Baseline tactics. 521 B. Strategies focused on the prosecuting... |
2021 |
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| Rachel Foran, Mariame Kaba, Katy Naples-Mitchell |
ABOLITIONIST PRINCIPLES FOR PROSECUTOR ORGANIZING: ORIGINS AND NEXT STEPS |
16 Stan. J. Civ. Rts. & Civ. Liberties 496 [Stanford Journal of Civil Rights & Civil Liberties] (2021) |
L1-2Introduction . L3496 I. History & Recent Roots Of Progressive Prosecution. 506 II. Abolition, Not Reform. 517 III. What Do We Believe?. 518 A. Abolitionist Principles for Prosecutor Organizing. 519 IV. Abolitionist Organizing Strategies Focused on the Prosecuting Office. 520 A. Baseline tactics. 521 B. Strategies focused on the prosecuting... |
2021 |
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ACTIVISION BLIZZARD, INC. |
SEC No Action Ltrs. WSB File No. 0419202105 [SEC No Action Letters] (2021) |
WSB File No. 0419202105 WSB Subject Category: 77 Public Availability Date: April 9, 2021 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 January 19, 2021 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange Commission Division of Corporation Finance Office of Chief Counsel 100 F Street, NE Washington, DC... |
2021 |
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Activist investor to launch first US racial equity portfolio |
(10/21/2021) |
Nia Impact Capital will offer the first U.S. racial equity" portfolio next year |
2021 |
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| Frank D. LoMonte , Courtney Shannon |
ADMISSIONS AGAINST PINTEREST: THE FIRST AMENDMENT IMPLICATIONS OF REVIEWING COLLEGE APPLICANTS' SOCIAL MEDIA SPEECH |
49 Hofstra L. Rev. 773 [Hofstra Law Review] (Spring, 2021) |
Archie is a straight-A, high school graduate with superlative standardized test scores and extracurricular activities--well in excess of the average credentials at his first-choice college, Riverdale State University. Betty, who works in Riverdale State's admissions office, is about to put Archie's application into the yes pile when she... |
2021 |
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| Nicholas Ansel |
ADVANCING CRIMINAL REFORM THROUGH BALLOT INITIATIVES |
53 Ariz. St. L.J. 273 [Arizona State Law Journal] (Spring, 2021) |
2020 brought the world's attention to bear on American policing and the American carceral regime. After the murder of George Floyd on May 25, 2020, protests erupted in every state in America. By early July, experts estimated that about 15 million to 26 million people in the United States ha [d] participated in demonstrations, representing the... |
2021 |
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| Robert F. Weber |
AGAINST DISCOURSE: WHY ELIMINATING RACIAL DISPARITIES REQUIRES RADICAL POLITICS, NOT MORE DISCUSSION |
37 Ga. St. U. L. Rev. 1177 [Georgia State University Law Review] (Summer, 2021) |
Racial disparity discourse is one of the main modalities through which we discuss and experience race and racism in the United States today--in discussions with colleagues and friends, in scholarly work, on cable news, on social media, and in lecture halls. Despite its ubiquity, racial disparity discourse is under-theorized: what, exactly, is its... |
2021 |
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Am I My Brother's Keeper: Can Duty to Intervene Policies Save Lives and Reduce the Need for Special Prosecutors in Officer-Involved Homicide Cases? |
57 NO 5 CRIMLAWBULL ART 1 [Criminal Law Bulletin] (2021) |
Delores Jones-Brown, J.D., Ph.D., is currently a Visiting Professor in the Department of Sociology and Criminology at Howard University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John... |
2021 |
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| Danielle C. Jefferis |
AMERICAN PUNISHMENT AND PANDEMIC |
21 Nev. L.J. 1207 [Nevada Law Journal] (Spring, 2021) |
Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America's prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on... |
2021 |
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| Alexander Afnan |
AN ABOLITIONIST VISION: RECLAIMING PUBLIC SAFETY FROM A CULTURE OF VIOLENCE |
28 Va. J. Soc. Pol'y & L. 1 [Virginia Journal of Social Policy and the Law] (Spring, 2021) |
Introduction. 3 I. An American Endemic. 6 A. The Deadly Manifestations of a Culture of Violence within Law Enforcement. 8 B. The Internal Other: A Violence Focused on Communities of Color. 12 C. Integrating Violence into Police Training. 17 II. The Hegemony That Legitimizes Violence. 19 A. The Civil Society. 21 1. News Media. 22 2. Entertainment... |
2021 |
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| James M. Durant III |
AN ACCOUNTABILITY COMETH: AMEND 42 USC SECTION 1983 AND 18 USC SECTIONS 241, 242, THEREBY INITIATING A PATH TO RE-IMAGING PEACE OFFICERS ACTING UNDER THE COLOR OF STATE LAW |
14 DePaul J. for Soc. Just. 1 [DePaul Journal for Social Justice] (Winter, 2021) |
An indispensable change in the law is respectfully requested, giving American citizens a fair chance of prevailing against the State for systemic and habitual police abuse, which in certain circumstances ultimately leads to unjustifiable homicide. This change in the law should send specific and general deterrence to rogue peace officers who harm... |
2021 |
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| Tiffany Li |
AN INCOMPLETE HISTORY OF EXCLUSION: MODERN AND CONTEMPORARY BLACK ART AND THE U.S. ART MUSEUM |
30 S. Cal. Interdisc. L.J. 795 [Southern California Interdisciplinary Law Journal] (Spring, 2021) |
Who are the patrons of art, the museum board members, the collectors? Who is the audience for high culture? Who is allowed to interpret culture? Who is asked to make fundamental policy decisions? Who sets the priorities? Maurice Berger, Are Art Museums Racist? Historically white art museums have adopted policies of diversity and inclusion that are... |
2021 |
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| Stefan J. Padfield |
AN INTRODUCTION TO VIEWPOINT DIVERSITY SHAREHOLDER PROPOSALS |
22 Transactions: Tenn. J. Bus. L. 271 [Transactions: The Tennessee Journal of Business Law] (Spring, 2021) |
In this Article, Part I provide a primer on viewpoint diversity shareholder proposals. Following the Introduction, the Article proceeds into Part II which provides a brief overview of shareholder proposals. Such proposals have been described as having transformed the corporate landscape in the U.S. over the last 30 years. Part III explains the... |
2021 |
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| Nikolas Bowie |
ANTIDEMOCRACY |
135 Harv. L. Rev. 160 [Harvard Law Review] (November, 2021) |
Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It's planted whenever people treat one another as political equals, allowing everyone in the community, or demos, to share in exercising power, or kratos. Where democracy is allowed to blossom, it can undermine social hierarchies that have long seemed... |
2021 |
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| Evan D. Bernick |
ANTISUBJUGATION AND THE EQUAL PROTECTION OF THE LAWS |
110 Geo. L.J. 1 [Georgetown Law Journal] (October, 2021) |
C1-2Table of Contents Introduction. 2 I. Equal Protection Theory and Doctrine. 5 a. theory: antidiscrimination versus protection. 5 1. Antidiscrimination. 5 a. Anticlassification. 5 b. Antisubordination. 7 2. Protection. 8 b. doctrine: discriminatory intent, state action, and negative rights. 10 1. Discriminatory Intent. 10 2. The State Action... |
2021 |
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| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denv. L. Rev. 457 [Denver Law Review] (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
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AT&T INC. |
SEC No Action Ltrs. WSB File No. 0125202103 [SEC No Action Letters] (2021) |
WSB File No. 0125202103 WSB Subject Category: 77 Public Availability Date: January 15, 2021 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 November 27, 2020 By email to shareholderproposals@sec.gov U.S. Securities and Exchange Commission Division of Corporation Finance Office of Chief Counsel 100 F Street N.E. Washington, DC... |
2021 |
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| Tamara F. Lawson |
AWAKENING THE AMERICAN JURY: DID THE KILLING OF GEORGE FLOYD ALTER JUROR DELIBERATIONS FOREVER? |
58 Hous. L. Rev. 847 [Houston Law Review] (Symposium, 2021) |
In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the... |
2021 |
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